Agenda 12-18-07
The City of
nton B h
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
REVISED AGENDA
DECEMBER 18, 2007
Jerry Taylor
Mayor - At Large
Ron Weiland
Commissioner - District I
Jose Rodriguez
Vice Mayor
Woodrow Hay
Commissioner - District II
Marlene Ross
Commissioner - District IV
Kurt Bressner
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
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GENERAL RULES 8r. PROCEDURES FOR PUBUC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
· Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
· Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to impose
time limits on the discussion on an issue.
. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings."
. Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission - Time Limit - Three (3) Minutes
. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded, with the exception of Consent Agenda Items that have
not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit -
Three (3) minutes
.
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the presiding
officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or
step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the
presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority
vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
Holidays/Election Day).
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City of Boynton Beach
REGULAR CITY COMMISSION MEETING
AGENDA
December 18, 2007
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Rev. Randall Gill, First Presbyterian Church
C. Pledge of Allegiance to the Flag led by Commissioner Ron Weiland
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMMUNITY 8r. SPECIAL EVENTS 8r. PRESENTATIONS
A. Announcements:
None
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
None
IV. PUBUC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE UMITED TO 3 MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission>
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Agenda
Regular City Commission
Boynton Beach, FL December 18, 2007
V. ADMINISTRATIVE:
A. Appointments
Appointment Length of Term
To Be Made Board Expiration Date
Mayor Taylor Arts Commission Alt 1 yr term to 12/08 Tabled (2)
II Hay Arts Commission Alt 1 yr term to 12/08 Tabled (2)
III Rodriguez Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 Tabled (2)
IV Ross Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 Tabled (2)
I Weiland Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Tabled (3)
II Hay Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Tabled (2)
Mayor Taylor Cemetery Board Alt 1 yr term to 12/08 Tabled (2)
I Weiland Code Compliance Board Reg 3 yr term to 12/10 Tabled (2)
II Hay Code Compliance Board Reg 3 yr term to 12/10 Tabled (2)
IV Ross Code Compliance Board Alt 1 yr term to 12/08
Mayor Taylor Code Compliance Board Alt 1 yr term to 12/08
II Hay Community Relations Board Reg 3 yr term to 12/10 Tabled (2)
II Hay Education & Youth Advisory Board Reg 2 yr term to 12/09 Tabled (2)
Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/08
I Weiland Education & Youth Advisory Board Alt 1 yr term to 12/08
II Hay Education & Youth Advisory Board Stu N/V 1 yr term to 12/08
IV Ross Library Board Alt 1 yr term to 12/08 Tabled (2)
Mayor Taylor Library Board Alt 1 yr term to 12/08 Tabled (2)
II Hay Recreation & Parks Board Alt 1 yr term to 12/08 Tabled (2)
Weiland Senior Advisory Bd Alt 1 yr term to 12/08 Tabled (2)
I Weiland Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (2)
II Hay Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (2)
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with all of
the accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes
1. Regular City Commission - December 3, 2007
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2007-2008 Adopted Budget.
1. Award the "TWO YEAR CONTRACT FOR THE PURCHASE OF UNIFORMS",
Bid #015-1412-08/0D on an overall basis to the lowest, most
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Agenda
Regular City Commission
Boynton Beach, FL
December 18, 2007
responsive, responsible bidder who meets all specifications to Special
Products Group of Boynton Beach, FL in the estimated amount of
$150,000.
2. Approve the purchase of the WaterWise Conservation Program from
Resource Action Programs as part of the City of Boynton Beach's
commitment to conservation required as a condition of the water
Consumptive Use permit, in the amount of $32,250 from the
Conservation Fund.
3. Award the Re-Bid "THREE YEAR BID FOR AUDIT AND TESTING OF
BOYNTON BEACH FIRE HYDRANTS" to Metro Hydrant & Valve Services,
Inc. located in West Palm Beach, FL with an estimated expenditure of
$50,000.
4. Split-award "CO-OP ROAD CONSTRUCTION MATERIALS", Bid #1411-08jJA
to COMMUNITY ASPHALT CORP., of West Palm Beach, FL and to AUSTIN
TUPLER TRUCKING, INC., of West Palm Beach, FL with a total expenditure
of $133,092.50.
5. Approve a contract with Urban Building Systems, Inc. of Palm City, FL for
Bid #071-2412-07jJA "FIRE RESCUE STATION NO. 5 AND EMERGENCY
OPERATIONS CENTER", in an amount not to exceed $9,993,500 without
further City Commission approval. (Proposed Resolution No. R07-145)
C. Resolutions
1. Proposed Resolution No. R07-146 RE: Approving and
authorizing execution of Task Order No. U07-17-3 with SFRN, Inc. for the
preparation of a Stormwater Operation and Maintenance Manual in the
amount of $38,322 from the Utilities CIP budget.
2. Proposed Resolution No. R07-147 RE: Approving and
authorizing execution of an agreement with The Professional Medical
Career Center to serve as a field training site for their Paramedic and
Emergency Medical Technician (EMT) programs.
3. Proposed Resolution No. R07-148 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Happy Birthday, LLC, for the property at 1162 Highview Rd.,
Lantana, FL (Ridge Grove Add No 1 Lots 176)
4. Proposed Resolution No. R07-149 RE: Approving and
authorizing execution of Amendment No. 1 to Task Order U07-1O-05,
Kimley-Horn and Associates, Inc. in the amount of $60,133.12 providing
for the completion of construction documents, permitting, bidding and
construction phase services.
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Agenda
Regular City Commission
Boynton Beach, FL
December 18, 2007
5. Proposed Resolution No. R07-1S0 RE: Approving and
adopting a Travel Policy for the Boynton Beach City Commission similar
to a recently adopted policy for the CRA Board.
D. Approve the "PENINSULA, a IPUD" Record Plat, conditioned on the approval
being the certification of the plat documents by H. David Kelley, Jr. (City
Engineer and Survey and Mapper).
E. Authorize the reallocation of $1,300 for the Boynton Isles Neighborhood
Association from Vice Mayor Rodriguez's Community Investment Funds.
F. Approve renaming of Wilson Pool in honor of Mr. John Denson, original lifeguard
and swim instructor at Wilson Pool.
G. Authorize the City Administration to proceed with taking all actions necessary to
prepare for the implementation of the fire services special assessment for fiscal
year 2008-09 and beyond in the event the City Commission ultimately
determines to levy such assessment during the budget review and adoption
process for the next fiscal year.
VII. CODE COMPLIANCE 8r. LEGAL SETTLEMENTS:
None
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
Planning Agency and City Commission.
A.
Project:
Agent:
Owner:
Location:
Description:
B.
Project:
Agent:
Owner:
Location:
Descri ption:
Cortina at Boynton Village (SPTE 07-010)
Kim Glas-Castro, Ruden McCloskey
South Florida Devco, Inc.
Northeast corner of Old Boynton Road and Congress Avenue, just
south of the SFWMD C-16 canal
Request for a second one (1) year site plan time extension of a
site plan (NSWP 05-001) originally approved on September 20,
2005 for 458 townhome units in the Boynton Village and Town
Center Development. This second request would extend approval
from September 20, 2007 to September 20, 2008. (Tabled to
December 18, 2007) (Request to postpone to January .4
2008)
The Arches (SPTE 07-012)
William Bloom, Holland & Knight
Boynton Ventures I, LLC
Southwest corner of Ocean Avenue and Federal Highway
Request for a second one (1) year site plan time extension of a
site plan (MSPM 05-008) and height exception (HTEX 05-006)
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Agenda
Regular City Commission
Boynton Beach, FL
December 18, 2007
c.
D.
Project:
Agent:
Owners:
Location:
Description:
Project:
Agent:
Owners:
Location:
Descri ption:
approved on September 6, 2005, from September 6, 2007 to
September 6, 2008, for a Mixed-Use project consisting of 40,596
square feet of retail space and 378 condominium units on 4.688
acres zoned Mixed Use High. (Tabled to December 18, 2007)
Ticket Clinic (AN EX 07-001)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Jer Enterprises, LLC
3349 Federal Highway (East side of Federal Highway, north of
Gulfstream Boulevard)
Request to annex the subject property (0.37 acres) (1st reading
Proposed Ordinance No. 07-038)
Ticket Clinic (LUAR 07-005)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Jer Enterprises, LLC
3349 Federal Highway (East side of Federal Highway, north of
Gulfstream Boulevard)
Request to amend the Comprehensive Plan Future Land Use Map
from CHIS Commercial High with underlying Medium Density
Residential of 5 dulac (Palm Beach County) to Local Retail
Commercial LRC. (1st reading proposed Ordinance No. 07-
039)
Request to rezone from CG General Commercial (Palm Beach
County) to C-3 Community Commercial. (1st reading Proposed
Ordinance No. 07-040)
Proposed Use: Professional office
E.
Project:
Agent:
Owners:
Location:
Description:
F.
Project:
Agent:
Owners:
Location:
Description:
Ticket Clinic (NWSP 07-006)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Jer Enterprises, LLC
3349 Federal Highway (East side of Federal Highway, north of
Gulfstream Boulevard)
Request for new site plan approval for the redevelopment of a
2,400 square foot commercial structure and related site
improvements on 0.37 acres to be rezoned C-3, Community
Commercial. (Request to table to January 2, 2008)
High Ridge PUD (MSPM 07-010)
Tim Hernandez, New Urban High Ridge, LLC
New Urban High Ridge, LLC
Northwest corner of High Ridge Road and Miner Road
Request for a major site plan modification to change the type of
housing unit approved from 48 Single-family detached units and
126 fee-simple townhouse units to 110 single-family detached
units (a net reduction of 64 units), and to change other site-
related improvements on 18.44 acres zoned PUD.
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Agenda
Regular City Commission
Boynton Beach, FL
December 18, 2007
G.
Project:
Agent:
Owners:
Location:
Descri ption:
H.
Project:
Agent:
Owners:
Location:
Description:
Boynton Mausoleum (MSPM 07-008)
Jason Mankoff, Weiner & Aronson, P.A.
City of Boynton Beach
1611 South Sea crest Boulevard
Request for a major site plan modification for the addition of an
approximately 3,162 square foot mausoleum building, on a 0.93
acre parcel zoned PU Public Usage. (Request to postpone until
January 2, 2008)
Meadows Townhomes (NWSP 07-005)
Steven L. Cohen, Steven L. Cohen & Associates, P.A.
NICO Development, Inc.
100 Meadow Circle; north of Meadows Boulevard, approximately
2,500 feet west of Congress Avenue
Request for new site plan approval for 34 townhouse units and
related site improvements on 7.966 acres zoned PUD.
1. Project: Ocean Drive Hotel (ZNCV 08-001)
Agent: Bonnie Miskel, Lauren Lending
Owners: Boynton Holdings, LLC
Location: North side of Ocean Drive, approximately 500 feet east of
Congress Avenue
Description: Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 6.C.3,
establishing a maximum height of 45 feet in the C-3 Community
Commercial zoning district, to allow a variance of 19 feet, and a
building height of 64 feet.
Proposed Use: Hotel
J. Approve the rescinding of Ordinance No. 06-064, which rezoned the Sunshine
Square Shopping Center to Mixed Use-Low 3, to revert the zoning to C-3,
Community Commercial and allow for improvements and expansion of the
existing development. (1st reading Proposed Ordinance No. 07-041)
K. Approve amending Part III of the Code of Ordinances, the Land Development
Regulations, Comprehensive Plan, as amended; updating the "CAPITAL
IMPROVEMENTS ELEMENT" and the Five-Year Capital Improvements Schedule.
(1st reading Proposed Ordinance No. 07-042)
IX. CITY MANAGER'S REPORT:
A. American Assembly Implementation Status Report
B. Agreement for Provision of Supplemental Police Services between the CRA and
City of Boynton Beach (Proposed Resolution No. R07-151)
C. Review and approve 2008 State appropriation submittals
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Agenda
Regular City Commission
Boynton Beach, FL
December 18, 2007
X. FUTURE AGENDA ITEMS:
A. Discussion of disposition of Old High School - January, 2008
B. Discussion on timing of elections - January, 2008
C. Discussion of funding electronic agenda software
D. Discussion on cancelling second meeting in November
XI. NEW BUSINESS:
A. Discuss request by developer for annexation of balance of Gulfstream Gardens
parcel into the CRA. (Postponed to December 18, 2007)(Proposed
Resolution No. R07-152)
B. Discussion of the importance of environmental stewardship and the
establishment of a Green City Task Force to make recommendations to the City
Commission regarding environmental sustainability.
C. Discussion of possible funding for the Annual Advisory Board Recognition dinner.
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
None
C. Ordinances - 1st Reading
None
D. Resolutions:
None
E. Other:
1. EXECUTIVE SESSION -- Ric-Man Construction, Inc., doing business as
Richard Mancini Equipment Company, Plaintiff vs. The City of Boynton
Beach, DefendantjThird Party Plaintiff vs. Camp, Dresser & Mckee, Inc.,
and David J. Prah, P.E., Third Party Defendants. - Case No. 502006 CA
011893 XXX)( MB AA
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Agenda
Regular City Commission
Boynton Beach, FL
December 18, 2007
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE 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.
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v. AUMINlSTRATIVE
ITEM A.
APPLICANT ELIGIBLE FOR APPOINTMENT 12/18/07
Last Name First Name 1 st Choice 2nd Choice 3rd Choice
Dwork Jonathan Planning & Dev. Bd.
Hohner Kathleen Cemetery Bd.
Norem
Karageorge Mark Community Redev. Code Compliance Planning & Dev. Bd.
Agency Bd.
Lindsay Frank Recreation & Park Building Bd. Of Community Rei. Bd.
Bd. Adj. & Apls
Norfus Victor Planning & Dev Bd.
Washington Karl Veterans Adv. Corn.
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VI.-CONSENT AGENDA
ITEM A.l
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, DECEMBER 3, 2007 AT 6:30 P.M.
Present:
Jerry Taylor, Mayor
Jose Rodriguez, Vice Mayor
Ron Weiland, Commissioner
Woodrow Hay, Commissioner
Marlene Ross, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Commissioner Woodrow Hay
C. Pledge of Allegiance to the Flag led by Mayor Taylor
Mayor Taylor called the meeting to order at 6:31 p.m. Commissioner Hay offered the invocation. The
Pledge of Allegiance to the Flag was led by Mayor Taylor.
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
Motion
Commissioner Hay moved to approve the agenda. Vice Mayor Rodriguez seconded the motion. The
motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner Weiland commended all those who coordinated the parade, tree lighting ceremony, and
concert for the Holiday Extravaganza.
Commissioner Hay suggested the parade route be re-evaluated so all spectators could see the
participants. He also requested that a discussion on whether to have a Commission meeting the 3rd week
of November each year and the possible benefits of an electronic agenda process be included for future
review. Mayor Taylor suggested the upcoming retreat may also be a venue for the topics.
Mayor Taylor also offered kudos on the Holiday Extravaganza.
III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announcements:
None
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Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
December 3, 2007
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
None
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>
Herb Suss, 1711 Wood Fern, commented the festival of lights represented a fight for freedom and he
hoped the lights would shine bright for everybody in the room. Mr. Suss congratulated the departments
who had placed virtual tours of their departments and facilities on the web site. He stressed it was
important for all areas of government to improve and update the information and access for the citizens.
Mayor Taylor wished everyone Happy Hanukkah and a great holiday.
Mark Karageorge, 240A Main Boulevard, alleged the Holiday Extravaganza was spectacular and
everybody did an exceptional job. It was a first class event. It was obvious the Commission is working
for the benefit of the community and he thanked the Commission and staff for their efforts.
Mayor Taylor indicated the CRA board had gotten sponsorships for the entire event with little or no cost
to the taxpayers.
Vice Mayor Rodriguez added a boat parade was scheduled for Friday, December 7, 2007 including great
food and a grandstand at the marina. He encouraged everyone to attend.
V. ADMINISTRATIVE:
A. Appointments
Mayor Taylor reviewed the process for making appointments.
Appointment
To Be Made
Board
Length of Term
Expiration Date
Weiland
Arts Commission
Reg
2 yr term to 12/09
Motion
Commissioner Weiland nominated Barbara Ready to serve as a regular member on the Arts Commission. Vice Mayor
Rodriguez seconded the motion. The motion passed unanimously.
Mayor Taylor
II Hay
Arts Commission
Arts Commission
Alt
Alt
1 yr term to 12/08
1 yr term to 12/08
Mayor Taylor and Commissioner Hay tabled their appointments.
Mayor Taylor
Bldg. Bd of Adj & Appeals
Reg
33 mo term to 12/09 Tabled (3)
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Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
Motion
December 3, 2007
Mayor Taylor nominated Stanley Guritzky as a regular member of the Building Board of Adjustment and Appeals.
Commissioner Weiland seconded the motion. The motion passed unanimously.
III
IV
I
II
Rodriguez
Ross
Weiland
Hay
Bldg. Bd of Adj & Appeals
Bldg. Bd of Adj & Appeals
Bldg. Bd of Adj & Appeals
Bldg. Bd of Adj & Appeals
Reg
Reg
Alt
Alt
3 yr term to 12/10
3 yr term to 12/10
9 mo term to 12/07 Tabled (2)
9 mo term to 12/07
IV
Ross
Vice Mayor Rodriguez and Commissioners Ross, Weiland and Hay tabled their appointments.
3 yr term to 12/10
Motion
Cemetery Board
Reg
Commissioner Ross nominated Bonnie Glinski as a regular member of the Cemetery Board. Commissioner Weiland
seconded the motion. The motion passed unanimously.
Mayor Taylor
Cemetery Board
Alt
1 yr term to 12/08
Mayor Taylor tabled his appointment.
I
II
Weiland
Hay
Code Compliance Board
Code Compliance Board
Reg
Reg
3 yr term to 12/10
3 yr term to 12/10
III
Rodriguez
Commissioners Weiland and Hay tabled their appointments.
3 yr term to 12/10
Motion
Code Compliance Board
Reg
Vice Mayor Rodriguez nominated Robert Foot as a regular member of the Code Compliance Board. Commissioner
Ross seconded the motion. The motion passed 4-1. (Commissioner Weiland dissenting.).
IV Ross
Mayor Taylor
Code Compliance Board
Code Compliance Board
Alt
Alt
9 mo term to 12/07 Tabled (3)
9 mo term to 12/07 Tabled (3)
Mayor Taylor
Commissioner Ross and Mayor Taylor tabled their appointments.
3 yr term to 12/10
Motion
Community Relations Board
Reg
Mayor Taylor nominated Belky Cruz as a regular member of the Community Relations Board. Commissioner Weiland
seconded the motion. The motion passed unanimously.
Weiland
Motion
Community Relations Board
Reg
3 yr term to 12/10
Commissioner Weiland appointed Blanche Girtman as a regular member of the Community Relations Board.
Commissioner Hay seconded the motion. The motion passed unanimously.
II
Hay
Commissioner Hay tabled his appointment.
9 mo term to 12/07 Tabled (3)
III
Rodriguez
Community Relations Board
Reg
3 yr term to 12/10
Community Relations Board
Alt
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Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
December 3, 2007
Motion
Vice Mayor Rodriguez appointed Brenda Williams as an alternate member of the Community Relations Board.
Commissioner Weiland seconded the motion. The motion passed unanimously.
IV
Ross
Community Relations Board
Alt
9 mo term to 12/07 Tabled (3)
Motion
Commissioner Ross nominated Judy Immer as an alternate member of the Community Relations Board.
Commissioner Weiland seconded the motion. The motion passed unanimously.
II
Hay
Education & Youth Advisory Board
Reg
2 yr term to 12/09
Commissioner Hay tabled his appointment.
III
Rodriguez
Education & Youth Advisory Board
Reg
2 yr term to 12/09
Motion
Vice Mayor Rodriguez nominated Mary Morera as a regular member of the Education and Youth Advisory Board.
Commissioner Weiland seconded the motion. The motion passed unanimously.
Weiland
Education & Youth Advisory Board
Reg
21 mo term to 12/07
Motion
Commissioner Weiland appointed Steven Waldman as a regular member of the Education and Youth Advisory Board.
Vice Mayor Rodriguez seconded the motion. The motion passed unanimously.
II
III
Hay
Rodriguez
Education & Youth Advisory Board
Education & Youth Advisory Board
Alt
Alt
9 mo term to 12/07 Tabled (3)
9 mo term to 12/07 Tabled (3)
Commissioner Hay and Vice Mayor Rodriguez tabled their appointments.
IV
Ross
Education & Youth Advisory Board
Stu
1 yr term to 12/08
Motion
Commissioner Ross nominated Brianna Frank as a student member of the Education and Youth Advisory Board.
Commissioner Hay seconded the motion. The motion passed unanimously.
IV
Ross
Education & Youth Advisory Board
Stu
9 mo term to 12/07 Tabled (3)
Motion
Commissioner Ross nominated Robert Chiste as a student member of the Education and Youth Advisory Board.
Commissioner Weiland seconded the motion. The motion passed unanimously.
Mayor Taylor
Education & Youth Advisory Board
5tu N/V
9 mo term to 12/07 Tabled (3)
Mayor Taylor tabled his appointment.
Weiland
Employees Pension Board
Reg
3 yr term to 12/10
Motion
Commissioner Weiland appointed Lisa Jensen as a regular member of the Employees Pension Board. Commissioner
Hay seconded the motion. The motion passed unanimously.
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Meeting Minutes
Regular City Commission Meeting
,Boynton Beach, FL
December 3, 2007
I
Weiland
Library Board
Reg
3 yr term to 12/10
Motion
Commissioner Weiland nominated Donna Harmening as a regular member of the Library Board. Vice Mayor
Rodriguez seconded the motion. The motion passed unanimously.
II Hay
Motion
Library Board
Reg
3 yr term to 12/10
Commissioner Hay nominated Willie Pearl Wilson as a regular member of the Library Board. Vice Mayor Rodriguez
seconded the motion. The motion passed unanimously.
III
Rodriguez
Library Board
Reg
3 yr term to 12/10
Motion
Vice Mayor Rodriguez appointed Eleanor Daly as a regular member of the Library Board. Commissioner Hay
seconded the motion. The motion passed unanimously.
IV
Mayor
Ross
Taylor
Library Board
Library Board
Alt
Alt
1 yr term to 12/08
1 yr term to 12/08
Commissioner Ross and Mayor Taylor tabled their appointments.
IV
Ross
Planning & Development Board
Reg
2 yr. term to 12/09 Tabled (2)
Motion
Commissioner Ross nominated Steve Myott as a regular member of the Planning and - Development Board.
Commissioner Hay seconded the motion. The motion passed unanimously.
Mayor Taylor
Planning & Development Board
Reg
2 yr. term to 12/08 Tabled (2)
Motion
Mayor Taylor re-appointed Roger Saberson as a regular member of the Planning and Development Board.
CommissiOner Weiland seconded the motion. The motion passed unanimously.
Weiland
Planning & Development Board
Reg
2 yr term to 12/09
Motion
Commissioner Weiland appointed Candace Killian as a regular member of the Planning and Development Board.
Commissioner Hay seconded the motion. The motion passed unanimously.
II
Hay
Planning & Development Board
Reg
2 yr term to 12/09
Motion
Commissioner Hay re-appointed Sergio Casaine as a regular member of the Planning and Development Board. Vice
Mayor Rodriguez seconded the motion. The motion failed 2-3. Commissioner Hay called for a roll call vote.
Vote
City Clerk Prainito called the roll. The motion failed 2-3. (Mayor Taylor and Commissioners Weiland and Ross
dissenting.)
5
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
December 3, 2007
Motion
Commissioner Hay nominated Bill Cwynar as a regular member of the Planning and Development Board. There was
no second. Mayor Taylor declared the motion failed for lack of a second.
Motion
Commissioner Hay nominated Sharon Grcevic as a regular member of the Planning and Development Board.
Commissioner Weiland seconded the motion. The motion passed unanimously.
III
Rodriguez
Planning & Development Board
Reg
2 yr term to 12/09
Motion
Vice Mayor Rodriguez appointed Matthew Barnes as a regular member of the Planning and Development Board.
Commissioner Weiland seconded the motion. The motion passed unanimously.
IV
Ross
Planning & Development Board
Alt
1 yr term to 12/08
Motion
Commissioner Ross appointed Jon Blehar as an alternate member of the Planning and Development Board.
Commissioner Weiland seconded the motion. The motion passed unanimously.
Mayor Taylor
Planning & Development Board
Alt
1 yr term to 12/08
Motion
Mayor Taylor appointed John McGovern as an alternate member of the Planning and Development Board.
Commissioner Weiland seconded the motion. The motion passed unanimously.
Mayor Taylor
Recreation & Parks Board
Reg
3 yr term to 12/10
Motion
Mayor Taylor appointed Janelle Sloan as a regular member of the Recreation and Parks Board. Commissioner
Weiland seconded the motion. The motion passed unanimously.
Weiland
Recreation & Parks Board
Reg
3 yr term to 12/10
Motion
Commissioner Weiland nominated John McVey as a regular member of the Recreation and Parks Board. Vice Mayor
Rodriguez seconded the motion. The motion passed unanimously.
IV
Ross
Recreation & Parks Board
Alt
9 mo term to 12/07 Tabled (3)
Motion
Commissioner Ross appointed Kurt Godfrey as an alternate member of the Recreation and Parks Board.
Commissioner Weiland seconded the motion. The motion passed unanimously.
II
Hay
Recreation & Parks Board
Alt
1 yr term to 12/08
Commissioner Hay tabled his appointment.
III
Rodriguez
Senior Advisory Bd
Reg
2 yr term to 12/09
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Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
December 3, 2007
Motion
Vice Mayor Rodriguez appointed Elizabeth Jenkins as a regular member of the Senior Advisory Board. Commissioner
Weiland seconded the motion. The motion passed unanimously.
IV
Ross
Senior Advisory Bd
Reg
2 yr term to 12/09
Motion
Commissioner Ross appointed Rose Love as a regular member of the Senior Advisory Board. Commissioner Weiland
seconded the motion. The motion passed unanimously.
Mayor Taylor
Senior Advisory Bd
Alt
1 yr term to 12/08
Motion
Mayor Taylor appointed Virginia O'Connell as an alternate member of the Senior Advisory Board. Commissioner
Weiland seconded the motion. The motion passed unanimously.
Weiland
Senior Advisory Bd
Alt
1 yr term to 12/08
Commissioner Weiland tabled his appointment.
III
Rodriguez
Veterans Advisory Commission
Reg
3 yr term to 12/10
Motion
Vice Mayor Rodriguez appointed Thomas Kaiser as a regular member of the Veterans Advisory Commission.
Commissioner Weiland seconded the motion. The motion passed unanimously.
IV
Ross
Veterans Advisory Commission
Reg
3 yr term to 12/10
Motion
Commissioner Ross appointed Stanley Gavlick as a regular member of the Veterans Advisory Commission. The
appointment was seconded. The motion passed unanimously.
Mayor Taylor
Veterans Advisory Commission
Reg
3 yr term to 12/10
Motion
Mayor Taylor nominated Robert Zimmermann as a regular member of the Veterans Advisory Commission.
Commissioner Weiland seconded the motion. The motion passed unanimously.
I
Weiland
Veterans Advisory Commission
Alt
9 mo term to 12/07 Tabled (3)
Motion
Commissioner Weiland nominated Stuart Preston as an alternate member of the Veterans Advisory Commission.
Commissioner Hay seconded the motion. The motion passed unanimously.
II
Hay
Veterans Advisory Commission
Alt
9 mo term to 12/07 Tabled (3)
Motion
Commissioner Hay appointed Darrel Fuller as an alternate member of the Veterans Advisory Commission. Vice Mayor
Rodriguez seconded the motion. The motion passed unanimously.
I
II
Weiland
Hay
Veterans Advisory Commission
Veterans Advisory Commission
7
Alt
Alt
1 yr term to 12/08
1 yr term to 12/08
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
December 3, 2007
Commissioners Weiland and Hay tabled their appointments.
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 - November 16, 2007
2. Regular City Commission - November 20, 2007
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2007-2008 Adopted Budget.
1. Award Bid #077-2730-07jOD to "FURNISH AND INSTALL VARIOUS PARK
ENTRYWAY SIGNS" to NW Sign Industries Inc. of Moorestown, New Jersey in
the amount of $49,385.
Commissioner Hay pulled item VI.B.1 for discussion.
2. Multi-award Bid #003-1412-08jOD "ANNUAL BID FOR HARDWARE SUPPLIES"
on an overall basis to the lowest, most responsive, responsible bidder who
meets all specifications with an estimated annual expenditure of $60,000.
C. Resolutions
1. Proposed Resolution No. R07-141 RE: Approving
increased fees for disinterments, disentombments and disinurnments at City
cemeteries.
Commissioner Ross pulled item VI.c.1. for discussion.
2. Proposed Resolution No. R07-142 RE: Approving
reclassification of one (1) position in the Finance Department from Senior Buyer,
pay grade 15 to Purchasing Agent, pay grade 25.
Commissioner Ross pulled item VI.C.2. for discussion.
3. Proposed Resolution No. R07-143 RE: Approving the
terms and conditions set forth in our EMS Grant award (C-70) as approved by the
Palm Beach County Division of Emergency Medical Services for the purchase of a
personal water craft in the amount of $9,499 and continued CERT team training
activities in the amount of $11,450.
4. Proposed Resolution No. R07-144 RE: Approving and
authorizing execution of an Interlocal Agreement with Palm Beach County to
receive funding in the amount of $300,000 for the 2nd and 3rd year, as a partner in
the continued planning and implementation of the Youth Violence Prevention
Program (YVPP) in the target area in the City of Boynton Beach.
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Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
December 3, 2007
D. Approve sidewalk cafe permit for a planned ice cream shop to allow placement of up to 4
tables and 18 seats along the right-of-way in accordance with LDR, Chapter 2. Zoning,
Section 17. Sidewalk Cafe. (Eye of the Storm Ice Cream Shop, 531 E. Ocean Avenue)
E. Approve donation to the Boynton Beach Faith Based Community Development
Corporation, Peacemakers Program in the amount of $5,000. The donation comes from
the Police Department's Law Enforcement Trust Fund established pursuant to Florida
State Statute 932.7055.
F. Approve State of Florida Department of Emergency Management FEMA grant No. 1609-
14R contract for the hardening of the Fire Station 5jEOC from a Category 3 standard to
Category 5 standard.
Motion
Commissioner Hay moved to approve the Consent Agenda items with the exception of items B.1, C.1 and
C.2 that were pulled for discussion. Vice Mayor Rodriguez seconded the motion. The motion passed
unanimously.
VI.B.l.
Award Bid #077-2730-07jOD to "FURNISH AND INSTALL VARIOUS PARK ENTRYWAY
SIGNS" to NW Sign Industries Inc. of Moorestown, New Jersey in the amount of $49,385.
Commissioner Hay inquired if any local companies had submitted applications. Jody Rivers, Parks
Superintendent, reported ten inquires had been received, but only two quotes were submitted. The
company selected did have offices in Orlando and a crew would be sent from that office. Ms. Rivers also
reported the design of the signs had been coordinated with the CRA and the Fire Department to achieve
consistency in the signage. -
Motion
Commissioner Hay moved to approve Item VI.B.1. Commissioner Weiland seconded the motion. The
motion passed unanimously.
VI.C.l.
Proposed Resolution No. R07-141 RE: Approving increased fees
for disinterments, disentombments and disinurnments at City cemeteries.
Commissioner Ross inquired about the fees being comparable to other municipal cemeteries and how the
suggested fees were established. Ms. Rivers replied only Boca Raton owned a cemetery and fees
charged were not available. Mayor Taylor added very few municipalities were in the cemetery business.
Motion
Commissioner Hay moved to approve Item VI.c.1. Commissioner Ross seconded the motion. The
motion passed unanimously.
VI.C.2.
Proposed Resolution No. R07-142 RE: Approving
reclassification of one (1) position in the Finance Department from Senior Buyer, pay
grade 15 to Purchasing Agent, pay grade 25.
Bobby Jenkins, Assistant Director of Finance, explained the position would have additional duties and the
current Senior Buyer had over 20 years experience. Vice Mayor Rodriguez clarified the change is a
reclassification and an additional position was not being created.
Motion
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Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL December 3, 2007
Commissioner Ross moved to approve Item VI.C.2. Commissioner Hay seconded the motion. The
motion passed unanimously.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
None
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 Planning
Agency and City Commission.
Attorney Cherof administered an oath to all those intending to testify and reviewed the procedure to be
followed.
Description:
Cortina at Boynton Village (SPTE 07-010)
Stephen Liller, K. Hovnanian Homes
South Florida Devco, Inc.
Northeast corner of Old Boynton Road and Congress Avenue, just south
of the SFWMD C-16 canal
Request for a second one (1) year site plan time extension of a site plan
(NSWP 05-001) originally approved on September 20, 2005 for 458
town home units in the Boynton Village Development. This second
request would extend approval from September 20, 2007 to September
20, 2008. (Tabled on November 20, 2007)
A.
Project:
Agent:
Owner:
Location:
Kathleen Zeitler, Planner, reviewed the request for site plan time extension to September 20, 2008. Code
Compliance issues do remain unresolved. Staff did recommend approval.
Kim Glas-Castro, agent for the applicant, explained a compliance date of December 19, 2007 had been
set for hydroseeding. The fencing contractor was expected on site the next day. The developer was
concerned about temporary landscaping being damaged during the construction phase, in addition to
there being no irrigation in the unimproved areas. Ms. Glas-Castro indicated the developer would be
willing to work with staff on appropriate landscaping measures.
Mayor Taylor opened the issue for public hearing.
Patty Shultz, 1073 NW 11th Street, pointed out the construction had been ongoing, even on weekends
and holidays, in violation of the Codes. Due to the length of time the project has been under
construction, there has been a negative effect on home values. The homeowners would like a more
permanent solution. Trees that were planted had died due to lack of an irrigation system. Ms. Shultz
suggested a tall landscape berm with irrigation would solve the problem and be a positive approach of a
good neighbor.
Mr. Bressner advised there were three Code violations relating to landscaping, fencing and debris.
George Moyer, President of Sky Lake Homeowners Association, advised the fencing had not been
maintained and requested a written guarantee that any new fencing would be maintained. He also
expressed concern over the proposed park and current use of it for mud trails. Mr. Bressner indicated
the park area was not part of Cortina at Boynton Village project.
Commissioner Weiland agreed there should be some guarantee that the seeding, fencing and landscaping
be maintained.
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Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
December 3, 2007
Joe Shultz, 1073 NW 11th Street, also requested a berm be established and consideration be given to
his neighborhood that has been established for over 24 years.
No one else coming forward, Mayor Taylor closed the public hearing.
Motion
Commissioner Weiland moved to extend the site plan for Cortina at Boynton Village, that they erect and
maintain a fence along the most eastern property line, on the west side of the fence they put a berm
with plantings and temporary irrigation, and unsodded areas should be seeded and monitored for growth.
Commissioner Hay seconded the motion.
It was determined that additional conditions could be imposed. Attorney Cherof suggested the motion
clarify the type and height of fencing. Commissioner Weiland felt staff could determine the appropriate
specifications that would protect the neighborhood. Attorney Cherof cautioned the conditions should be
specific and suggested the matter be tabled to afford staff time to make recommendations.
Motion
Commissioner Weiland moved to table Item VIlLA. Commissioner Hay seconded the motion. The
motion passed unanimously.
B.
Project:
Agent:
Owner:
Location:
Description:
The Arches (SPTE 07-012)
William Bloom, Holland & Knight
Boynton Ventures I, LLC
Southwest corner of Ocean Avenue and Federal Highway
Request for a second one (i) year site plan time extension of a site plan
(MSPM 05-008) and height exception (HTEX 05-006) approved on
September 6, 2005, from September 6, 2007 to September 6, 2008, for
a mixed-use project consisting of 40,596 square feet of retail space and
378 condominium units on 4.688 acres zoned Mixed Use High.
Gabriel Weubben, Planner, reviewed the request and advised problems with utility lines and redesign of
the project, plus changing market conditions, had contributed to the request for an extension. The re-
design would include more units and less retail to accommodate market demands. Staff recommended
approval.
Scott Backman, 5355 Town Center Road, Boca Raton, agent for the applicant, advised the temporary
fencing was being repaired. Chuck Magazine, Risk Manager, discussed an issue with the developer failing
to repair the sidewalk along 4th Avenue and creating a hazardous situation. It was also discussed
whether the extension would be sufficient if a major site plan modification was envisioned.
Mayor Taylor opened the issue for public hearing.
Herb Suss, 1711 Wood Fern, contended the issues were not clear for all the parties and the matter
should be tabled until January, 2008.
Harvey Oyer, 512 N. Sea crest Boulevard, suggested the fence be torn down and the area graded and
seeded. He was confident the market was recovering.
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Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
December 3, 2007
Motion
Vice Mayor Rodriguez moved to table Item VIII.B. to December 18, 2007 and allow the developer to
repair the sidewalk in the interim. Commissioner Hay seconded the motion. The motion passed
unanimously.
Description:
Tuscan Villas (SPTE 07-011)
Wendy Tuma, FLA, AS LA, Urban Design Studio
Tuscan Villas at Boynton Beach, LLC
East side of Federal Highway, approximately 1,100 feet north of
Gulfstream Boulevard
Request for a one (1) year site plan time extension of the site plan
(NWSP 06-002) approved on April 18, 2006 from October 18, 2007 to
October 18, 2008, for 22 townhouse-style condominium units on 1.341
acre zoned IPUD
c.
Project:
Agent:
Owners:
Location:
Kathleen Zeitler, Planner, reviewed the staff report and summarized the developer had made good faith
efforts by securing permits, paying fees for drainage approval and fire rescue, plus preparation of the
revised plan plat. Staff recommended approval contingent upon the original conditions of site plan
approval, including concurrency verification to October 2008.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public
hearing.
Motion
Vice Mayor Rodriguez moved to approve the site plan time extension with the additional condition that
Royal Palms be put along Federal Highway within the next 60 days. Commissioner Ross seconded the
motion. The motion passed unanimously.
D. Approve Part 1 of Group 4 of the LDR Rewrite including Article 1. Environmental Protection
Standards and Article II. Landscape Design and Buffering Standards.
Eric Johnson, Planner, reviewed the current phase of changes to the Land Development Regulations. The
processes were clarified and the existing text was updated. Landscape design principals were created
and plans to promote water conservation were included. Equivalent standards for trees, updated
signature tree requirements, enhanced land buffers and streetscape provisions were included. Urban
areas were differentiated from suburban areas and the compliance features. Staff recommended
approval of Part 1 of Group 4 of the Land Development Regulations cited.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public
hearing.
Motion
Commissioner Hay moved to approve Item VIII.D. Commissioner Ross seconded the motion. The
motion passed unanimously.
IX. CITY MANAGER'S REPORT:
A. Approve FY 2007-2008 projects in the Utilities Capital Improvement Program (CIP).
Kofj Boateng, Director of Utilities, explained the capital improvements were based on the model of a
successful and effective utility program. The components are high quality service, preparing for the
12
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
December 3, 2007
future and technology. The total budget was $40.5M funded by the reserve fund for $27.5M and the
capital charge of $12.9M. It was noted the capital facilities charges support projects to add capacity to
the system.
(Commissioner Weiland left the dais at 7:46 p.m.)
The plan encompasses providing good quality water as well as maintaining the sewer system and
avoiding any contamination of eliminating sewer infiltration. The improvements will ensure a water
supply for the customers through 2025.
(Vice Mayor Rodriguez left the dais at 7:54 p.m.)
The transmission system needs to be expanding along with the use of reclaimed water for irrigation to
prepare for the future. Mr. Boateng noted leveraging the technology includes asset management with
the program SCADA for remote monitoring and water and sewer electronic information. The lift stations
would be monitored as well as the water storage services with the new technology that is a key
component in the program.
(Commissioner Weiland and 14ce Mayor Rodriguez returned to the dais at 7:51 p.m.)
Mayor Taylor commented it was a significant amount of money, but well spent. He inquired if the
program could have been accomplished without the proposed rate increase, and Mr. Bressner replied the
increase was necessary.
Motion
Commissioner Hay moved to approve the capital improvement listing for the Capital Improvement
Program. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously.
Mr. Bressner mentioned the issue would return to the Commission in January to borrow money.
X. FUTURE AGENDA ITEMS:
A. Discussion of plan for environmental issues - December 18, 2007
B. Discuss possible funding of Board Recognition Dinner - December 18, 2007
C. American Assembly Implementation Status Report - December 18, 2007
E. Agreement for Provision of Supplemental Police Services between the CRA and City of
Boynton Beach - December 18, 2007
F. Discussion of disposition of Old High School - January 2008
G. Discussion on timing of elections - January, 2008
Mayor Taylor noted the two items previously mentioned by Commissioner Hay should be added.
XI. NEW BUSINESS:
A. Discuss request by developer for annexation of balance of Gulfstream Gardens parcel into
the CRA. (Postponed to December 18, 2007)
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Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
December 3, 2007
Motion
Commissioner Hay moved to postpone the discussion to December 18, 2007. Vice Mayor Rodriguez
seconded the motion. The motion passed unanimously.
B. Designation of member of City Commission to work with City staff, Palm Beach County
School District and the City of Delray on elementary school options east of 1-95.
Mr. Bressner explained the school district had proposed working with the City of Boynton Beach and the
City of Delray regarding the closing of elementary schools east of 1-95. He recommended the
Commission appoint one of its members to work with staff, the school board and the City of Delray to
open the dialogue. There would also be issues relating to programs at Boynton Beach High, Forest Park
School and Permosa.
Mayor Taylor recalled one of Commissioner Ross' initiatives during the campaign was education and he
felt she would be the best representative. Commissioner Hay concurred. Commissioner Ross thanked
the Commission for their support.
Motion
Commissioner Hay moved to designate Commissioner Ross to work with staff, the school district and the
City of Delray on the school issues. Commissioner Weiland seconded the motion. The motion passed
unanimously.
XII. LEGAl:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
1. Proposed Ordinance No. 07-035 RE: Amending the
Comprehensive Plan Future Land Use Map from General Commercial (GC) to
Industrial (I). (National Transmissions, Inc. LUAR 07-004) (Tabled to
December 3, 2007)
Motion
Commissioner Ross moved to remove Item XII.A.1 from the table. Commissioner Hay seconded the
motion. The motion passed unanimously.
Attorney Cherof read proposed Ordinance No. 07-035 by title only.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public
hearing.
Commissioner Ross established sufficient time had been given to allow for notice.
Motion
Vice Mayor Rodriguez moved to approve proposed Ordinance No. 07-035. Commissioner Hay seconded
the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
14
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
December 3, 2007
2.
Proposed Ordinance No. 07-036 RE:
rezoning from C-4 General Commercial District to M-l
(National Transmissions, Inc. LUAR 07-004)(Tabled
2007)
Approving the
Industrial District.
to December 3,
Motion
Commissioner Weiland moved to remove Item XII.A.2 from the table. Commissioner Hay seconded the
motion. The motion passed unanimously.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public
hearing.
Attorney Cherof read Proposed Ordinance No. 07-036 by title only.
Motion
Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 07-036. Commissioner Weiland
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
None
Ordinances - 1st Reading
1. Proposed Ordinance No. 07-037 RE: Amending
Ordinance 07-002 to provide for a reduction in the Public Art Fee from one (1%)
percent to one-half (.05%) percent.
Mayor Taylor declared public audience was normally not allowed on first reading of Ordinances; however,
he would allow public comments on the issue.
Barbara Ready, 329 SW 13th Avenue, indicated the developers have accepted the Art in Public Places
program and the affects of the art can be felt along Ocean Avenue. Public art is a proven economic
stimulus and provides civic pride. She urged the Commission to not amend the ordinance and allow the
Arts Commission to allay any fears or concern before voting on the proposed change.
Barbara Lentz, 117 Lucina Drive, spoke as a small business owner within the City of Boynton Beach.
She noted recent events brought hundreds of people and consumers that enjoy art and like to shop in
specialty shops. Art is life, even in our homes and it gives joy. By cutting the fee, cheap art would be
cheap art and diminish the value of all art within the City of Boynton Beach.
Angela Budano, 9609 Majestic Way, contended reducing the fee did not make sense since there needs
to be creative ways to bring people downtown and promote civic pride. She commended the Commission
for being visionary with the percent level originally established and urged the Commission to not reduce
the fee.
Louise DeCamara, INCA, suggested including an element of art in projects would be a credit to the
development. The many site plan extensions could include a condition that they adhere to the art fee
15
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
December 3, 2007
even if they were previously exempted. Passing the proposed ordinance would be detrimental to the Arts
Commission. The Inlet Cove Association was opposed to reducing the art fee to .05%. Culture was
needed within the City.
Halena Wolf, 3619 Providence Road, shared a letter she had received from the Genesis Development
Group advocating art including the Ocean 95 project. She urged the Commission not reduce the fee.
Nubia Richman, 1105 Villa Lane, referred to a letter from the Fashion Boutique owners on Ocean
Avenue, who felt the art displayed was an amazing contribution to the City that would attract upscale
people to the area. It created a semi-urban atmosphere. She advocated it would be a step backwards to
reduce the fee and the citizens would suffer if only a few developers had complained.
Bill Nix, resident of Delray and Vice President of the Cultural Counsel, noted Boynton Beach had joined
only 300 cities that recognized the value of art. He urged the Commission to not reduce the fee and
continue the arts program. He felt public art differentiated great communities and cities. It should be
paid for by those participating and benefiting from the redevelopment. The economy would come back.
Art allows a City to enhance its reputation. Mr. Nix strongly urged the City to resist the temptation to
make the City of Boynton Beach generic.
Christine Moeller, 3519 Diane Drive, member of the Art Commission, related she had moved to
Boynton Beach from Boca Raton thinking it was more rural. She was now excited to see the Avenue of
the Arts and the Children's Schoolhouse Museum. Reducing the fee would be a tragedy.
Frank Varga, 636 South Road, an international sculptor and artist, support the arts with many donations
for charity. He competed due to the support of the Arts within the City of Boynton Beach. In his travels
he noted the most successful cities were the ones that promote the cultural arts. He strongly urged the
Commission to not throw the arts away.
Dr. John McGovern, 2620 Spiceberry Lane, alleged the definition of folly was the pursuit of policy by an
elite group that is contrary to the interests of the governed. He contended reducing the art fee would be
folly. Reducing the fee would represent caving into the minority.
Mayor Taylor responded the issue was not brought forward based on any pressure put upon one of the
Commissioners. The Commission attempts to address any issue, no matter who asks the question.
No one else coming forward, Mayor Taylor closed the public audience.
Commissioner Weiland commented he had been bombarded with inquiries on the issue and the outlook
that he was trying to get rid of the art program. He stressed he was in favor of art and all the citizens
benefit from art. If the developers are not responsible, perhaps the residents should be assessed a $5
fee, per month, to pay for art, a very unpopular compromise. Commissioner Weiland again suggested
reducing the fee and the 70% that was to be incorporated in the project be eliminated and 100% of the
fee go to the Arts Commission and used for Art in Public Places. If the Art Commission chooses to work
with a developer, that could be done. Developers do provide jobs, increase the tax base and give places
to live and work.
Mayor Taylor indicated he had agreed to review the fee. Developers often want to get involved in the
community and the art fee was a good way to be part of the community. He supported maintaining the
fee at 1%.
Commissioner Ross concurred and commended all those individuals who had made compelling arguments
in support of the art fee.
16
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
December 3, 2007
Commissioner Hay noted there were no developers present to address the issue. He was also in favor of
retaining the fee at 1% as an economic engine to improve the City's image rather than bowing to
developers.
Vice Mayor Rodriguez pledged his continued support of the 1% art fee.
Motion
Commissioner Hay moved to approve the 1% and not reduce it to .05% and deny the ordinance and
reduction. Commissioner Ross seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
D. Resolutions:
None
E. Other:
1. EXECUTIVE SESSION -- Ric-Man Construction, Inc., doing business as Richard
Mancini Equipment Company, Plaintiff vs. The City of Boynton Beach,
DefendantjThird Party Plaintiff vs. Camp, Dresser & Mckee, Inc., and David J.
Prah, P.E., Third Party Defendants. - Case No. 50 2006 CA 011893 XXX>< MB AA
Attorney Cherof had previously asked for an executive session to discuss pending litigation. He explained
the meeting would recess and the Commission would be required to come back into the public meeting.
Mayor Taylor declared the meeting recessed for the closed-door executive session at 9:02 p.m.
Attorney Cherof indicated the Commission would return to chambers to adjourn the meeting in the
presence of the court reporter.
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
17
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
December 3, 2007
CITY OF BOYNTON BEACH:
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
ATTEST:
Commissioner - Ron Weiland
Commissioner - Woodrow L. Hay
Janet M. Prainito
City.~erk '. /
( .' jjJ?-1~
'-....,./f..-U/.-,/V 7.----(./1 .'-4
Jri~ith A. Pyle (/
,~puty City Clerk
Commissioner - Marlene Ross
18
VI.-CONSENT AGENDA
ITEM B.l.
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
I:8J December 18, 2007 December 3, 2007 (Noon) 0 February 19, 2008 February 4, 2008 (Noon)
0 January 2, 2008 December 17,2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon)
0 January 15,2008 December 31, 2007 (Noon) 0 March 18,2008 March 3, 2008 (Noon)
0 February 5, 2008 January 14, 2008 (Noon) 0 April I, 2008 March 17,2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM I:8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: A motion to award the Bid "TWO YEAR CONTRACT FOR THE PURCHASE OF
UNIFORMS", Bid# 015-1412-08/CJD on an overall basis to the lowest, most responsive, responsible bidder who meets
all specifications to Special Products Group of Boynton Beach, Florida in the estimated amount of: $150,000.00.
CONTRACT PERIOD: DECEMBER 19, 2007 TO DECEMBER 18, 2008.
EXPLANATION: On November 21, 2007, Procurement Services opened and tabulated two (2) proposals. It is
recommended to award this bid to Special Products Group as they were the most responsive, responsible bidder wh'o
met all specifications. The bids were based on price, delivery time and product availability. Micl1'ae~ Daui;\'
Warehouse Manager, concurs with this recommendation per memo attached. The provisions of this bid ~ardwill
allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, s~1i}factc)ry"
performance and determination that the renewal is in the best interest of the City. ' ,::;
w
PROGRAM IMPACT: The purpose of this bid is to provide uniforms for Police, Fire and general workers. U~fornis.:'~
are stocked in the warehouse and issued on an "as needed" basis.
FISCAL IMPACT: BUDGET ACCOUNT#:
WAREHOUSE
502-00-141-01-0
ESTIMATED ANNUAL
EXPENDITURE
$150,000.00
r:-? :J
1
0) "e>
.....! J
Last year's expenditure: $142,000.00
ALTERNATIVES: Not bid this item and purchase on an "as needed" basi
Department Head's Signature
~~~
City Manager's Signature
Assistant to City Manager ~
~~ City Attorney / Finan",
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Michael Dauta- Warehouse Manager
File
The City of
Boynton Beach
ECF~ ED
NOV 2007
.."ROGU. ~.. .
"~'~"S
...,,"- .......L-.....
_.~.._-_....._-
-.'......---.."....,-...
Finance Department
WAREHOUSE DIVISION
TO:
Bobby Jenkins, Assistant Director of Finance
FROM:
Michael Dauta, Warehouse Manager .~
DATE:
November 21,2007
SUBJECT: Uniform Bid # 015-1412-08/CJD
I reviewed the tabulation sheet sent from your office. Please go to commission for
approval. The following factors were used to award the bid, price, delivery time and
product availability. Out of the (31) items listed Tactical Products Group was low on (4)
four items. Items # 7,15,25 & 26. They were no bid on (22) items. Special Products
Group was low on all remaining items and bid on every item. With the amount of
uniform orders placed this bid should be awarded to a sole vendor. I recommend that
Special Products Group be awarded this bid. Last year's annual expenditures were
$142,000. This year's annual expenditures will be $150,000.
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VI.-CONSENT AGENDA
ITEM B.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[gJ December 18, 2007 December 3, 2007 (Noon) D February 19, 2008 February 4, 2008 (Noon)
0 January 2, 2008 December 17,2007 (Noon) 0 March 4, 2008 February 19. 2008 (Noon)
0 January 15,2008 December 31, 2007 (Noon) 0 March 18, 2008 March 3, 2008 (Noon)
0 February 5, 2008 January 14.2008 (Noon) 0 April 1, 2008 March 17, 2008 (Noon)
0 Announcements/Presentati ons 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [gJ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing D
RECOMMENDATION: Purchase WaterWise Conservation Program from Resource Action Programs. This is part of
our commitment to conservation required as a condition of our water Consumptive use permit.
EXPLANATION: WaterWise educates 5th grade students on the imp~rtance of water conservation through classroom
activities and by homework exercises utilizing a specialized conservation kit, which includes leak detection tablets,
aerators and low flow conversion devices. Teachers are provided with appropriate classroom aids and a final report
issued at the end of the program. Measurable water savings are calculated and reported back to us. The program was
run very successfully last year with a smaller number of students participating. A copy of the executive summary is
attached. There was strong support from the teachers themselves as well as the family members who get involved with
the homework assignment.
PROGRAM IMPACT: The program will teach 1,000 students and teachers lifelong conservation habits. Once again
the program is scheduled to run at what we expect to be the height of the drought. An estimated 7.6 million gallons of
water per year were saved by program implementation last year.
~ FISCAL IMPACT: $32,250.00 from the Conservation Fund, 401-2822-536-95-43.
//;.?
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Department Name
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Assistant to City Manager tIHt----
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S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
REQUEST FOR REQUISITION
H.T.E. ENTRY DATE: 11/21/07
H.T.E. REQUISITION # 44741
Clerk: ME
Procurement Ass't: I
I
Director:
City Manager (non budgeted I
capital and/or $5000+): I
I
REASON FOR PURCHASE:
School based conservation program to provide immediate and long term water savings.
13 Schools in water service area Total number of packs 1000. Resource Action Programs is sole source.
VENDOR INFORMATION: DIVISION: OTHER INFORMATION:
Name: Resource Action Program Admin. ( ) Date: 11/21/07 ! ASAP (X)
Address: 2351 Tenaya Drive Construction ( ) Date Needed: 12/12/07 Confirm. ( )
Modesto, CA 95354 Cust. ReI. ( ) I ASAP/Conf. ( )
i
Distribution ( ) BACKUP DOCS. DELIVERY:
SUBMITTED:
Phone (contact): Justin Jones Water Qual. (X ) QuotesNerbal ( ) E. Admin. 40 ( )
(over $500) .-.---
1-888-GETW1SE Pumping ( ) Quotes/Written ( ) E. WTP 41 ( )
(over $2000)
Vendor Number: 10723 PWTreat. ( ) Bid Docs. ( ) W.WTP 42 (X )
Meter Servo ( ) Sole Source Ltr. (X) PIU 99 ( )
INITIA TOR: Steve EVC\ Sewage ( ) Insurance ( ) Special Instructions:
1\ Requirements:
APPROVE~~. ~ -~-~ Strmwtr. ( ) SN APs/GSA/P iggy-back Project Number:
<"/ ,WA"",& -- #:
v
Quan. Unit Price Description & Part Number Fund Dept Basic Elem Obj Amount
1000 $3 1. 00 Water Wise Program for 1,000 1401 2822 536 95 143 32250.00
participants I
I TOTAL 401 2822 536 95 l43 32,250.00 i
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November 1, 2007
Quotation #BOB10/31107
Steve Evans
City of Boynton Beach
Steve,
We are pleased to quote the following:
WaterWise™ Program
PLEASE RETURN SIGNED FORM VIA FAX
$31.00
Sales Tax
Shipping & Handling
$1,250.00
$32,250.00
TOTAL
.
Quantity represents total program size. You will only be billed for the actual materials that are specifically
requested and shipped.
Please allow ten (10) business days from receipt of purchase order to begin shipping.
Payment terms are Net 30.
All products warranties are direct to manufacturer unless otherwise noted.
Mode/Carrier is RAP's choice on any/all shipments unless otherwise noted.
Please cite quote number on your Purchase Order to RAP.
Please forward your Purchase Order to RAP at FAX 209.529.0266.
This quote is valid through June 30, 2008.
All checks MUST be made payable to: Resource Action Programsill.
.
.
.
.
.
.
.
.
CJ
.181 We will issue a purchase order
This will serve as a purchase order
I, the undersigned, declare that I have the authorization to sign this Quotation Form and agree to the
quantity, pricing, & terms conditions listed above.
Print Name Jr~t#? 4. ~~ Date /J/6'~;r
Authorized Signature 4#-- -
~
Title/Company W~ 6JV4/ff~/'~A~~ C;3 ~ /??/,~~,#d!?c::#
Regards,
Justin Jones
Program Manager
Program Center. 2351 Tenaya Drive. Modesto, CA 95354 .1-888-GETWISE
;...m
~
W8Mi Students and teachers have unlimited access to the program website, www.g:etwise.org, and technical
support through our toll free number 888-438-9473.
October 31,2007
Steve:
This letter will acknowledge that Resource Action Programs@ is a sole source vendor for the
environmental WaterWise™ Resource Action Program.
The program incorporates materials developed and written by accredited science and conservation
educators with a water savings technology kit distributed solely by Resource Action Programs.
The program materials are as follows:
For the Teacher:
Teacher Guide
WaterWise Program Video
Water Poster
Resource Action Kit
For each Student:
Resource Action Kit
Student Activity Booklet
Scantron Fonn
Certificate of Achievement
Thank you,
,~~
Joseph E. Thrasher
Program Director
888-438-9473
E: joseph@getwise.org
RESOURCE ACTION PROGRAMS
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EXEClJTlVE SUMMARY
This report summarizes the City of Boynton Beach WaterWise Program. The
Program is designed to facilitate installation of resource efficient techoologies
in homes and build knowledge of environmental issues yielding a variety of
measurable water savings results. The Program was funded by the City of Boynton
Beach and implemented within fifth grade schools in service territory. The secret to
the Program is combining a turnkey set of classroom activities with hands on home
projects to install high efficiency devices and introduce resource conscious behavior
to students and their families. Program Materials were distributed to seven hundred
sixty-five (765) fifth grade students and their families. An overview of the results
from the Program appears below, with greater detail in the attached report.
Knowledge Gained: Identical surveys (tests) were taken by students prior to the
Program, and again upon its completion to measure knowledge gained. Scores and
subject knowledge improved from 62% to 83%.
Participant Satisfaction: It is our belief that to have a successful Program,
As part of the program, children take
a pre-program and post-program test
to measure knowledge gained.
participants must support Program activities and be provided with a forum to express
their opinions. Therefore, as part of the Program students, teachers and parents are
asked to evaluate the Program. Some highlights include:
"Since we are in a drought right now it really re-
emphasized the importance of conserving water.
This was a great opportunity for the whole family to
learn from. Thank you very much."
- Marybeth Brophy, Parent,
Citrus Cove Elementary School
. 100% of participating teachers indicated they
would conduct the Program again given the
opportunity.
: . 93% of participating teachers indicated that
student's parents supported the Program.
'The students were so excited to participate in
the water conservation program because our
community is experiencing a severe drought. They
were so happy to report that their parents, who do
not always participate in their activities, were so
pleased with them and were so appreciative of the
program. "
- Ms. Minotti, Teacher, Rolling Green Elementary
(A summary of responses can be found in Appendix C)
EXECU1lVE SUMMARY
1
1
Audit Information Obtained: Household audits (customer surveys) were performed by students and their families as
part of the Program activities. Important customer information was collected to better understand trends and usage.
Some highlights include:
· 71% rated the WaterWise™ Program as good or great.
· 79% reported they changed the way they use water.
(A summary of responses can be found in Appendix B)
Measures Installed: Students completed retrofit activities as part of the Program, and reported the measures they
installed in their own homes. Some highlights include:
· 53% reported they installed the new high efficiency showerhead.
· 49% reported they installed the bathroom aerator.
(A summary of responses can be found in Appendix B)
Resource Savings Results: As a part of the Program and while working with parents, students measured the current
devices in their homes, installed high efficiency devices and measured to calculate savings that they generated. Savings
from these activities will continue for many years to come. The table below shows the projected savings from the Program,
based upon information gathered by the students.
Projected Resource Savings
(A summary of calculations can be found in Appendix A)
Projected Annual Savings
7,647,275 gallons of water saved
5,797 therms of gas saved
738,833 kWh electricity saved
7,647,275 gallons wastewater saved
Projected Annual Savings per Household
--,
9,996 gallons of water saved
8 therms of gas saved
966 kWh electricity saved
9,996 gallons wastewater saved
Projected Ten Year Savings
67,834,223 gallons of water saved
51,420 therms of gas saved
6,553,725 kWh electricity saved
67,834,223 gallons wastewater saved
Projected Ten Year Savings per Household
88,672 gallons Qf water saved
67 therms of gas saved
8,567 kWh electricity saved
88,672 gallons wastewater saved
EXECU1lVE SUMMARY
2
VI.-CONSENT AGENDA
ITEM 8.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl;! Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
~ December 18, 2007 December 3, 2007 (Noon) D February 19, 2008 February 4,2008 (Noon)
D January 2,2008 December 17,2007 (Noon) D March 4, 2008 February 19,2008 (Noon)
D January 15, 2008 December 31, 2007 (Noon) D March 18, 2008 March 3, 2008 (Noon)
D February 5, 2008 January 14, 2008 (Noon) D April 1, 2008 March 17,2008 (Noon)
D Announcements/Presenta tions D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM ~ Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing 0
RECOMMENDATION: A motion to award the Re-Bid "THREE YEAR BID FOR AUDIT AND TESTING OF
BOYNTON BEACH FIRE HYDRANTS" to Metro Hydrant & Valve Services, Inc. located in West Palm Beach,
Florida with an estimated expenditure of: $50,000.00.
CONTRACT PERIOD: DECEMBER 19, 2007 TO DECEMBER 18, 2010.
EXPLANATION: Procurement Services opened and tabulated nine (9) proposals on November 28, 2007. The
proposals have been reviewed and it was determined that Metro Hydrant & Valve Services, Inc. was the lowest, most
responsive, responsible bidder who met all specifications. Metro Hydrant & Valve Services, Inc. has been our current
vendor and has proven to be a responsible, capable vendor performing satisfactorily. Rodger Kemmer, Deputy Fire
ChieflFire Marshall concurs with this recommendation (see memo attached). The provisions of this bid award will
allow for an additional two (2) one year periods 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.:)
c"'"!
PROGRAM IMP ACT: The purpose of this bid is to secure prices for a period of three (3) years from ~:~~end9r-:~ho
can perform the audit and static testing of fire hydrants (private & public) in the City's Fire Rescue's jurisdictlolJ, to
include all Interlocal Agreement areas. All testing shall incorporate a static test and a single hydrant<usidual-fIow
test.
FISCAL IMPACT:
;:
Account#:
401-2810-536-49-17
Estimated Expenditure:
$50,000.00
_.':;
-,~.-..
r'0
)
W .'-'
ALTERNATIVES: Not have Hydrants audited and static tested and th refore be in violation oN'loridll;Fire
Prevention Code and the Insurance Services Office (ISO) that establishes hi ura rates with water supply being a
key factor in their decision.
Department Head's Signature
City Manager's Signature
Ass . stant to City Manager ~
~~
oc~ ment Servo es
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Rodger Kemmer - Deputy Fire Chief/Fire Marshall
File
City Attorney I Finance
www.bbfrd.org
ff'f ,ECE,'VED
NOV 2 n 2007
~'-('iiC:ES
FIRE & LIFE SAFETY DIVISION
m:
Carol Doppler, Senior Buyer
FROM:
R. Kemmer, Deputy Chief/Fire Marshal
4kl-
DATE: November 29,2007
SUBJECT: Annual Hydrant Flow Tests (Re-Bid #010-2210-08/CJD)
We recommend that the contract be awarded to Metro Service Consultants
located in West Palm Beach. Their bid price of $17/hydrant was the lowest. The
next lowest bid was $21.70/hydrant, while the highest was $72/hydrant.
In addition to submitting the lowest bid, Metro Services Consultants was the firm
chosen the last two times hydrant testing and auditing of Boynton Beach
hydrants were done, including areas with Interlocal agreements. Their work
satisfies our city requirements as well as the Florida Fire Prevention Code and
the Insurance Services Office (ISO) that establishes insurance rates with water
supply being a key factor in their decision.
The amount of $50,000 was budgeted for the first year of this project by the
Utilities Department. The account number is Acc. No. 401-2810-536-49-17
Thank you for helping us with this process.
cc:
W. Bingham, Fire Chief
J. Ness, Deputy Chief, Administration
J. Macintyre, Fire Protection Engineer
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VI.-CONSENT AGENDA
ITEM 8.4.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[8J December 18,2007 December 3, 2007 (Noon) 0 February 19,2008 February 4, 2008 (Noon)
0 January 2, 2008 December 17, 2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon)
0 January 15,2008 December 31,2007 (Noon) 0 March 18, 2008 March 3, 2008 (Noon)
0 February 5, 2008 January 14, 2008 (Noon) 0 April I, 2008 March 17,2008 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: A motion to split award "CO-OP ROAD CONSTRUCTION MATERIALS", Bid No# 021-
141l-08/JA to COMMUNITY ASPHALT CORP., of West Palm Beach, Florida, and to AUSTIN TUPLER
TRUCKING, INC. of West Palm Beach, Florida, with a total expenditure of $31.100.00.
CONTRACT PERIOD: November 13, 2007 to November 12,2008.
EXPLANATION: The City of Boynton Beach is a member of the Palm Beach Co-Operative Purchasing Council,
which solicits competitive bids on behalf of the Co-Op members. Participating entities submit individual requirements
which are combined for total anticipated usage. These totals are used to calculate a firm quantity price.
On August 14, 2007, the City of Delray Beach, acting as the lead entity for Bid 2007-47 (Co-Op Bid for "Road
Construction Materials") received and opened four (4) proposals, with Community Asphalt Corp. of West Palm
Beach, being the lowest, most responsive, responsible bidder who meets all specifications. Glenda Hall, Forestry and
GroundslStreet Manager concurs with this recommendation for Community Asphalt Corp, (see attached memo #07-
126), and Kofi Boateng, Utilities Director concurs with this recommendation for Austin Tupler, (see attached memo
#07-145). The schedule of pricing per attached is to be awarded individually by each participating entity.
ANNUAL ESTMATED QUANTITIES
FOR UTILITIES & PUBLIC WORKS
ESTIMATED
EXPENDITURE
ROADS & STREETS
Type III Asphalt
75.00/Ton on an as needed basis
$ 8,000.00
UTILITIES
Crushed Limerock (Water)
Drainfield Rock (Sewer)
Pit Run Shell Rock (Storm Drain)
50 tons at $16.75/ton
100 tons at $22.75/ton
200 tons at $16.75/ton
$ 837.50
$2,275.00
$ 3,350.00
PROGRAM IMPACT: This bid is utilized by Public WorkslRoads & Streets and Utilities to purchase road
construction materials for various repair and replacement applications. Seven (7) participating entities submit
individual requirements which are combined for total anticipated usage. These totals are used to attain a firm
quantity price; however, each award is individual due to location, point of delivery and quantity.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Tbe provisions of this bid 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.
FISCAL IMPACT: Road Construction Materials are used by various Departments with the City (Utilities and Roads
and Streets). Funds are available in several accounts for use by these divisions on an "AS NEEDED BASIS".
FORESTRY GROUNDS/STREETS
001-2512-541-53-10
$ 8,000.00
UTILITIES DEPARTMENTIWATER REPAIRS
401-2810-536-52-31
$837.50
UTILITIES DEP ARTMENT/SEWER REPAIRS
401-2815-536-52-32
$2,275.00
UTILITIES DEPARTMENT/STORM DRAIN REPAIRS
401-2824-536-52-33
$3,350.00
$14,462.50
The Estimated 2006-2007 Fiscal Year Expenditure - $15,890.14
AL TERNA TIVES: The City could do their own competitive bid, but typically higher quantities result in lower prices
from the vendor. /~
,
Assistant to City Manager
~
7'J .
.. . - City Attorn,y I Finan"
.} /)
~~
City Manager's Signature
~
C: Glenda Hall- Forestry & Grounds/Streets Manager
Kofi Boateng, P.E Utilities Director
Cetnral File
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEPARTMENT OF PUBLIC WORKS
MEMORANDUM NO. 07-126
FROM:
Bobby Jenkin~
Glenda Hall ~
Forestry & Grounds/Streets Manager
TO:
DATE:
December 4, 2007
SUBJECT:
Bid #207-47 Road Construction Materials
Co-Op Bid - City of Delray
I reviewed the bid tabulation sheets for the road construction materials bid. It is
my recommendation that we piggy-back the City of Delray contract with
Community Asphalt Corporation for Type III Asphalt (customer pick up).
We have budgeted $8000 in account 001-2512-541-53-10 for FY2007-08. If
you have any questions, please call me at ext. 6228.
Attachments
Copy: Janet Allen, Procurement Dept.
PW Files
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[IT, DF DELIA' BEAtH
DElRAY BEACH
~
tijff!
100 NW 1st AVENUE
DELRAY BEACH, FLORIDA 334",1
561/242.7000
November 12, 2007
1993
2001
John Morris, Vice President
Community Asphalt Corporation
7795 Hooper Road
West Palm Beach, Florida 33411
RE: Bid #200747 Road Construction Materials
Co~op Bid - Annual Contract .
Dear Mr. Morris;
The Delray Beach City Commission, on November 06, 2007, approved the award of the Co-op Bid for Road
Construction Materials to various vendors. Term of the Contract shall be from November 13, 2007 to November
12,2008. Item(s) shall be ordered via individual purchase orders and/or blanket order releases for the term of the
Contract from each participating entity of this co-operative bid.
Item(s) awarded to your company for the City of Defray Beach are as follows:
Pickup Materials - City of Delrav Beach - Group A - Asphalt -Item #(s):
Cold Patch@$95.00ton
RC #70 Tac Oil @ $7.50 gal
Permanent Cold Patch @ $95.00 ton
Please submit to the my attention, City of Delray Beach, Purchasing Division, the required Certificate of Insurance
as specified in the specifications.
We thank you for your bid response and interest in the Palm Beach County Co-operative Purchasing Council. If
you have any questions in regard to this matter, please call me at (561) 243-7161.
cc: Joseph Saffo~inance Director
Solid Waste Authority
City of Boynton Beach
City of Greenacres
City of West Palm Beach
City of Deerfield Beach
City of Boca Raton
,;~.
SERVICE. PERFORMANCE. I~HEGRITY G REsPOt'\!SIBLE · INNOVATIVE. TEAMWORK
BID SIGNATURE FORM
* PLEASE AFFIX SIGNATURE WHERE INDICATED
(FAilURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL)
BID #: 2007-47
ODen/nQ Date:
AUQust 14. 2007
BID TITLE: Co-op Bid for Road Construction Materials - Annual Contract
COMPANY NAME:WH /V{uN trv 4SPtl4LT C612p. DA TE: c38 ~ 3 ~ 7
I I r
NAMEffITLE: JohN JA.Of<.I2IS ViCE Pres/e/enl-
ADDRESS: 7195 40lJG<. RD
f
CITYKlEST P/)UI(13GPCH STATE r:-L. ZIP CODE 334-( f
FEDERAL TAXI.D. #: Q--C; - a():<3d'1~
TELEPHONE: l 5fQ I
)
?9o
~4(P7
( ()73
FACSIMILE (5" ~ I
)
~1D
*SIGNA TURE
~.r>-- Vf-
VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER:
CONTACT NAME: :lEeRY CA8RGJZ4
TELEPHONE: (5t2! ) /10 ~4~ 7 ,x 122-
24
DRUG FREE WORKPLACE CERTIFICATION
If identical tie bids exist, preference will be given to the vendors who submit a certification with their
bid/proposal certifying they have a drug~free workplace in accordance with Section 287.087, Florida
Statutes. The drug-free workplace preference is applied as follows:
IDENTICAL TIE BIDS: 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 State of 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.
As the person authorized to sign this statement, I certify that this firm complies fully with the
following requirements:
1) This firm publishes 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) This firm informs 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) This firm gives each employee engaged In providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), this firm notifies the employees that, as a
condition of working on the commodities or contractual services that are under bid, the
employee will abide by the terms of the statement and will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or noto
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) This firm imposes a sanction on or requires 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) This firm will continue to make a good faith effort to maintain a drug~free workplace through
implementation of this section.
COMMUW.lV ASfHALl COli' .
Contractor's Name
#t-U7--=
Signature
'vr
< .~
13
SCHEDULE OF PRICING
BID #2007-47
PICK-UP MATERIAL
ESTIMATED QUANTITIES BASED ON A GRAND TOTAL OF ALL PARTICIPATING ENTITIES.
(FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE
SAME AS THOSE SPECIFIED BELOW)
GROUP A: ROAD MATERIALS - ASPHALTS
Item
State precise pick-up location:
Estimated Otv PICK-UP PRICE
~tons $ 15:00 !wn
1900 tons $ 15'". 00 Iwn
7550 tons $ 1510D !ton
lli.....- tons $ 15',00 Iwn
3095 gals $ 7. 5"0 igal
~tons $ f~rDO lton
~ls $ No 73ID !pail
00
.ll9...-bags $ / l~_!bag
7115 /~cp8< Ro.
1Ues r rhl...M 13EY-JC+ { , tz. 334-1/
I
1. Type S-l Asphalt
2. Type II Asphalt
3. Type ill Asphalt
4. Cold Patch Asphalt
((S ..L
S. ~TacOil
6. Permanent Cold Patch
(Ready Road Repair or equivalent)
Permanent Cold Patch
S5 lb. pails
60 lb. bags
Schedule of Pricing continued next page...
14
[ITY DF DELHAY BEAI:H
DELRAY BEACH
~
All-America City
" II ,!
100 N.\,y 1st Il,VENUE
DEl.RAY 8EACH, FLORiDA 33444
5fj1 '243-7000
November 12,2007
1993
2001
Austin W. Tupler, Vice President
Austin Tupler Trucking, Inc,
6570 S.W. 47 Court
Davie, Florida 33314-4390
RE: Bid #2007-47 Road Construction Materials
Co-op Bid - Annual Contract
Dear Mr. Tupler;
The Delray Beach City Conunission, on November 06, 2007, approved the award of the Co-op Bid for Road
Construction Materials to various vendors. Term of the Contract shall be from November 13, 2007 to November
12, 2008. Item(s) shall be ordered via individual purchase orders and/or blanket order releases for the term of the
Contract from each participating entity of this co-operative bid.
Item(s) awarded to your company for the City of Delray Beach are as follows:
Pickup Materials - Citv of Delrav Beach - Group A - Asphalt - Item #(8):
Crushed Course Limerock@ $11.00 ton Best Mason Sand@ $16.50 ton
Pit Run Shell Rock @ $11.00 ton Clean Fill Dirt @ $4.35 yaId
Drainfield Rock y." @ $16.50 ton Dot Crush Rock @ $ 11.00 ton
#57 Rock @16.50 ton
Delivered Materials to City of Delrav Beach - Group B - Non Asohalt- Item #(8):
Crushed Course Limerock @ $17.50 ton Best Mason Sand@ $24.50 ton
Pit Run Shell Rock @ $17.50 ton Clean Fill Dirt@ $12.85 yard
Drainfield Rock 7'4" @ $23.00 ton
Please submit to the my attention, City of Delray Beach, Purchasing Division, the required Certificate of Insurance
as specified in the specifications.
We thank you for your bid response and interest in the Palm Beach County Co-operative Purchasing Council. If
you have any questions in regard to this matter, please call me at (561) 243-7161.
uyer
affora:-1f;.ance Director
Solid aste Authority
City of Boynton Beach
City of Greenacres
City of West Palm Beach
City of Deerfield Beach
City of Boca Raton
SERVICE. PERFORMANCE. Ir\jTEGRITY . RESPONSIBLE' INNOVATIVE. TEAMWORK
BID SIGNATURE FORM
* PLEASE AFFIX SIGNATURE WHERE INDICATED
(FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL)
BID #: 2007-47
Openina Date:
Auaust 14.2007
BID TITLE: Co-op Bid for Road Construction Materials - Annual Contract
COMPANY NAME: AUSTIN TUPLER TRUCKING. INC. DATE: S/8/07
NAME/TITLE: Glen Tup1er, President
ADDRESS: 6570 S. W. 47th Court
CITY Davie STATE FL ZIP CODE 33314
FEDERAL TAX I.D. #: 59 _ 1426412
TELEPHONE: (
954
583-0801
FACSIMILE (
954
583-0844
*SIGNA TURE
~~
VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER:
CONTACT NAME:
Glen Tupler
TELEPHONE:
954
) 583-0801, (954) 298-8569 cell. any time
24
DRUG FREE WORKPLACE CERTIFICATION
If identical tie bids exist, preference will be given to the vendors who submit a certification with their
bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida
Statutes. The drug-free workplace preference is applied as follows:
IDENTICAL TIE BIDS: 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 State of 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.
As the person authorized to sign this statement, I certify that this firm complies fully with the
following requirements:
1) This firm publishes 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) This firm informs 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) This firm gives each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), this firm notifies the employees that, as a
condition of working on the commodities or contractual services that are under bid, the
employee will abide by the terms of the statement and will 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) This firm imposes a sanction on or requires 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) This firm will continue to make a good faith effort to maintain a drug-free workplace through
implementation of this section.
AUSTIN TUPLER TRUCKING. INC.
Contractor's Name
Signat~
]3
Schedule of Pricing continued......
DELIVERED MATERIAL - CITY OF BOYNTON BEACH
(FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE
SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOW)
GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED
Item Estimated Q!y DELIVERED PRICE
1. Type S-l Asphalt tons $ No Bid lton
-
2. Type II Asphalt ~ tons S; No Bid lton
3. Type III Asphalt tons $ No Bid Iton
-
4. Crushed (recycled) Asphalt tons $ No Bid Iton
-
GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED
Item Estimated Oty DELIVERED PRICE
1. Crushed Course Limeroek ~ tons $ 16.75 Iton
2. Pit Run Shell Rock 5050 tons $ 16.75 Iton
3. Drainfield Rock 3j." .lilllli- tons S 22.25 Iton
4. Best Mason Sand tons $ 23.75 lton
~ Clean Fill Dirt 1.illL-Yards $ 11.85 Iyard
6. Precast Car Bumpers wlpins llllL- each :;; No Bid leach
7. Crushed Recycled Concrete _cu. yd. :;; No Bid leu. yd.
Schedule of Pricing continued next page..
NOTE: All crushed coarse limerock is DOT 913 spec. material.
All delivered prices are based on full loads,
specifically 21 to 23 tons or 18 CY.
J8
MEMORANDUM
UTILITIES # 07- 145 REVISED
To:
From:
Bobby Jenkins, Deputy Finance Director
:::~:::::nn;, P.E. 1/ ^ ~ ,n '- - 5: /~
Utilities Director Nt' ~
Date:
December 4, 2007
Subject:
Co-op Road Construction Materials
Bid #2007-47
Bid Award Request
Bids were opened for co-op road construction materials and the tabulation sheets
have been reviewed. The Utilities Department recommends that the bid be
awarded to the low bidder, Austin Tupler. Austin Tupler had the previous bid and
has proven to be responsive and capable. Their price includes delivery of
product.
The budgeted expenditures for Utilities for FY2007/2008 are:
Bid Item Unit Cost
Crushed Lime Rock 16.75/ ton
Drainfield Rock 22.75/ton
Pit Run Shell Rock 16.75/ ton
Est. Usaae
50 tons
1 00 tons
200 tons
Extended Cost
$ 837.50
$ 2,275.00
$ 3,350.00
Acct
401-2810-536-52-31
401-2815-536-52-32
401-2824-536-52-33
If additional information IS needed you may contact me directly at extension
6401.
KB/hs
Attachments
Cc: Dan Spooner
Melvin Pinkney
George Peck
Les Sarkkinen
Barb Conboy
Michael L~~ (L.
~ ..\..""
~,....
\~
VI.-CONSENT AGENDA
ITEM B.5.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\.l
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
~ December 18,2007 December 3, 2007 (Noon) 0 February 19,2008 February 4,2008 (Noon)
0 January 2, 2008 December 17, 2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon)
0 January IS, 2008 December 31, 2007 (Noon) 0 March 18, 2008 March 3, 2008 (Noon)
0 February 5, 2008 January 14, 2008 (Noon) 0 April 1 , 2008 March 17,2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve Resolution #07-_, to enter into a contract with Urban Building Systems, Inc. of
Palm City, Florida, for Bid# 071-2413-07/JA "FIRE RESCUE STATION NO.5 AND EMERGENCY OPERATIONS
CENTER", in an amount not to exceed $9,993,500.00 without further City Conunission approval.
EXPLANATION: On October 16, 2007, Procurement Services opened and tabulated six (6) bids for the Fire Rescue Station
No.5 and Emergency Operations Center. The bids have been evaluated by our Architect Engineer, CH2M Hill, as well as our
Fire Rescue Department. It was determined that the lump sum base bid of $8,990,000.00 by Urban Building Systems, Inc. of
Palm City, Florida, is the lowest, most responsive, responsible bidder who met all specifications. Jeffrey Livergood, Director
of Public Works, concurs with this recommendation (memorandum attached). Mr. Livergood recommends that the base bid
be awarded and that the alternate to deduct construction of a patio on the east side of the building not be accepted.
Furthermore, staff recommends that a number of items be funded in this contract award. During project design, a point in
time when construction costs were escalating, City staff was concerned about sufficient funds being available to fmance this
project. As a result, the plan documents were modified by the architect prior to bidding to deduct the following items, among
others, from the plans:
Building Exterior Up Lighting
Emer. Generator Terminal box
Murphy Beds
West Patio screen
$40,000
$25,000
$20,000
$10,000
Total
$95,000
Because the construction bid is favorable compared to the project budget, Staff recommends that the above four items be
added to the base award yielding a new base award amount of $9,085,000. The exterior up lighting will significantly add to
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Jeffrey Livergood - Director of Public Works William Bingham-Fire Chief
Jim Ness - Deputy Fire Chief Ray Carter - Deputy Chief of Operations
Central File File
?;
\(r
~
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
exterior building safety and aesthetics; the emergency generator tenninal box will allow connection of a portable generator to
the building in the event of primary generator failure; the Murphy beds will provide sleeping facilities for EOC staff during
emergency events and the west patio screen is provided to screen the patio area from pests. This cost for this work is
estimated at this time and will be subject to final price negotiation between City Staff and the contractor.
PROGRAM IMP ACT: The purpose of this bid is to furnish all materials, equipment and labor to perform all work in order
to construct a hardened Fire Rescue Station No.5 and an Emergency Operations Center containing a secure environmentally
controlled area for the City's Information Technology computer servers. This project is located at: 2080 High Ridge Road,
Boynton Beach, Florida. Construction consists of a 42,700 sq. foot multi-purpose complex.
FISCAL IMP ACT: The funds are allocated for this project in the FY 2007/2008 budget as follows:
305-4118-580-62-01 $14.6 million
Total award amount as follows:
Base Bid
Project Additions
$8,990,000.00
$95,000.00
Sub total
Plus 10% contingency
$9,085,000.00
$908,500.00
TOTAL AWARD
$9,993,500.00
AL TERNATIVE: Not build Fire Rescue Station #5 and the Emergency Operations Center
City Manager's Signature
Assistant to City Manager
4~.
oc ment Services
r
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Jeffrey Livergood - Director of Public Works William Bingham-Fire Chief
Jim Ness - Deputy Fire Chief Ray Carter - Deputy Chief of Operations
Central File File
PUBLIC WORKS DEPARTMENT
MEMORANDUM #07-129
To:
Carol Doppler, CPPB
Purchasing Agent
Jeffrey R. Livergood ~
Director of Public Works/Engineering /
From:
Subject:
Award Recommendation
Bid# 071-2413-07/JA
Fire Rescue Station #5 & Emergency Operations Center
Date:
December 10, 2007
The referenced Bid was opened on October 16, 2007 . We received six (6) proposals for a
Contractor to furnish all materials, equipment and labor in order to construct Fire Rescue
Station No. 5 and Emergency Operations Center located at: 2080 High Ridge Rd.,
Boynton Beach, Florida.
Our Consultant, CH2M Hill, reviewed all the proposals and determined that Urban
Building Systems, Inc. was the lowest, most responsive, responsible bidder who
confirmed that they can meet the specifications. They checked the contractor's
references and have received all favorable responses (see attached). Also, Urban
Building Systems, Inc. confirmed the bid was complete and included all bid document
requirements (see attached letter from Urban Building Systems). Based on CH2M Hill's
review, research and experience working with Urban Building Systems, Inc. in the past,
they recommend that the referenced project be awarded to Urban Building Systems, Inc.
The budgeted amount for this project is: $14,600,000.00 in account# 305-4118-580-62-
01.
Considering this project came in below budget, the Fire Department would like to add
several items that were taken out during the design of this project. During project design,
a point in time when construction costs were escalating, City staff was concerned about
sufficient funds being available to finance this project. As a result, the plan documents
were modified by the architect prior to bidding to deduct the following items, among
others, from the plans:
Building Exterior Up Lighting
Emer. Generator Terminal box
Murphy Beds
West Patio screen
$40,000
$25,000
$20,000
$10,000
Total
$95,000
Because the construction bid is favorable compared to the project budget, Staff
recommends that the above four items be added to the base award yielding a new base
award amount of $9,085,000. The exterior up lighting will significantly add to exterior
building safety and aesthetics; the emergency generator terminal box will allow
connection of a portable generator to the building in the event of primary generator
failure; the Murphy beds will provide sleeping facilities for EOC staff during emergency
events and the west patio screen is provided to screen the patio area from pests. This cost
for this work is estimated at this time and will be subject to final price negotiation
between City Staff and the contractor. Staff further recommends award of the standard
10% construction contingency. Use of any contingency funds must satisfy routine
purchasing procedures and will be scrutinized carefully by all staff, including Finance
and City Manager's staff.
Total recommended award amount as follows:
Base Bid
Project Additions
$8,990,000.00
$95,000.00
Sub total $9,085,000.00
Plus 10% contingency $908,500.00
TOTAL AWARD $9,993,500.00
Please place this item on the December 18, 2007 Commission agenda for approval.
CH2M HILL
3001 PGA Boulevard
Suite 300
Palm Beach Gardens. FL 3341 0
Tel 561.904:7400
Falt :;61.904.7401
November 1,2007
RECE""ED
J 5 20ir?
~-=--
c.: .... . t;;.J{i~'hr..,....,.....
":'c:~
Mr. Jeffrey Livergood
Director of Public Works
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach,FL 33425
Re: Boynton Beach Fire Station # 5/EGC
Dear Mr. Livergood.:
Based on our review of the bids submitted for the above-referenced project, Urban Building
Systems, Inc. is the low bidder with a bid of $8J690;OOO.
We have checked references and have received all favorable responses (see attached). Also,
Urban Building Systems, Inc. confirmed the bid was complete and included all bid
document requirements (see attached letter from Urban Building Systems).
Based on our review, research and experiences working with Urban Building Systems, Inc.
in the past, we recommend that the above-referenced project be awarded to Urban Building
Systems, Inc.
Please call should you have any questions.
Sincerely,
/.,/,
(
"
---;:::""~---
i ; , ""
\--...)-/ ....;~-_..
Anderson/Sloe )inbe, AIA, NeARB
Project +lag~
Attachments: ~ds List
General Contractor Evaluation Summary Sheets
Letter from Urban Building Systems, Inc.
Copy: Mr. Bill Bingham - City of Boynton Beach
Mr. Ray Carter - City of Boynton Beach
Mr. Tom Orlowski - CH2M Hill
Boynton Beach Fire Rescue Station #5IEOC
Bids submitted 10/16107
2 stories
5 apparatus bays
Includes: covered main entrance & east and west patios
5 level training/tower
42,739 SF
4.47 acre property
Contractor
Base Bid
Alternate bid
Urban
$8,990,000
(-)$15,000
West Construct/on
$9,736,824
(-)$63,503
David Brooks
$10,080.,000
(- )$15,000
(-)$32,362
( -)$4 7 ,000
Padula & Wadsworth
$10,094,700
Purtle Construction
$10,280,000
Stiles
$10,510,000
$16,700
Ave 16 bids
$9,948,587
CH estimate
$13,000,000 +
Ave projectcostlSF
$233 ISF
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10/26/2007 10:25
7722883446
UBS!
PAGE 01/131
fN
ua8AN
~.
'WI! Will De!iver'
October 25, 2007
\
Michael Flattery I Project Consultant
CH2M Hill
3001 PGA Boulevard Suite 300
Palm Beach Gardens, Fl3341 0
via fax 1-561-904-7401
& mail
Re: City of Boynton Beach Fire Rescue Station #5 EOC
High Ridge Road
Boynton Beach, Fl
Dear Mike:
Our firm has reviewed Its estimate for the above referenced project and feels
comfortable with our propos;aL Therefore, our firm is ready and prepared to start the
work in accordancewittl the bid documents for this project.
VI p.
Urbi~I1Bundin9f3yst~ms, 111(; . 1515 SW Mapp Road. Pi~tlll City. FL 34990
772 2811 60:l4 . fax "772 2M 3446 . eGC ll04063 . urbt,"@lib~.i.l)r!~
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BIDDER ACKNOWLEDGEMENT
Submit Bids To:
PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6322
Broadcast Date (City):
Bid Title:
FIRE RESCUE STATION NO.5 AND EMERGENCY OPERATIONS
CENTER
Bid Number:
# 071-2413-07/JA
October 16, 2007
Bid Received By:
NO LATER THAN 2:30 P.M. (LOCAL TIME)
Bids will be opened i~,~~e:~'tf~ unless specified otherwise. Bid receiving date and
time is scheduled for: 'fl 0 r , , no later than 2:30p.m. (local 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:
Urban Buildinq Services, Inc.
Federal J.D. Number:
65-0469194
A Corporation of the State of:
Florida
Area Code: 772
Telephone Number: 286 - 6 034
Area Code: 772
FAX Number: 288 -3446
Mailing Address:
1516 SW Mapp Road
City/State/Zip:
Palm City, FL 34990
Vendor Mailing Date:
N/A
, \
~C::,---
\( .. )
j-'
Q
~ i" )___? . VIP-
~'~ ; / '-.
Authorized Signature
\.
Richard E. Bell
Name Typed
TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
BA-l
ADDENDA
CITY OF BOYNTON BEACH
FLORIDA
BIDTrrLE: Fire Rescue Station No.5 & Emergency Operations Center
BIDDER: Urban Building Systems, Inc.
DATE SUBMITTED:
October 16, 2007
We propose and agree, if this Bid is accepted, to contract with the City of Boynton Beach, in the
Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of
transportation, construction, coordination, labor and services necessary to complete/provide the
work specified by the Contract documents.
Having studied the documents prepared by:
Anderson Slocombe - ~H?M Hill
(Name of Project Manager/Architect/Consultant)
and having examined the project site (when indicated in these specifications to do so), we
propose to perform the work of this Project according to the Contract documents and the
following addenda which we have re:eived:
4
DATE
9/17/07
10/8/07
ADDENDUM
1
3
DATE
8/28/07
9/19/07
ADDENDUM
2
TIllS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
A-I
The City of
Boynton. Beach
Procurement Ser"ices
lOfJE. Bo.vnton Beach Boulevard
Boymon Beach. Florida 33435
Phone (,'i6/) 742-6310
FAX:(561) 742-6316
ACKNOWLDEDGEMENTOF ADDENDUM #1
"FIRE RESCUE STATION NO.5 AND EMERGENCY
OPERATIONS CENTER"
BID# 071-2413-07/JA
RESPONDENT MUST SIGN, DATE AND INCLUDE "ACKNOWLEDGEMENT OF
ADDENDUM #3" WITH RESPONSE IN ORDER FOR SUBMITTAL TO BE
CONSIDERED COMPLETE AND ACCEPTABLE.
~I(&flt) IJq,LJ{lJ,fp
NAME OF CONTRA. TORl..M "
If) -~ --0'7
DATE
FAXED
U \.. I 0 6 2007
BY.'-
-=
The City of
Bilynlon, B.each
ProCurement Sen'lus
J(JfJE. Bellman Becu:hBoulevani
BovnIO"'Beacll. Florida 33435
. phone (561) 741-6310
FAX: (56/) 742~6316
ACKNOWLDEDGEMENT OF ADDENDUM #2
"FIRE RESCUE STATION NO.5 AND EMERGENCY
OPERATIONS CENTER"
BID# 071~2413-07lJA
RESPONDENT MUST SIGN, DATE AND INCLUDE "ACKNOWLEDGEMENT OF
ADDENDUM #3" WITH RESPONSE IN ORDER FOR SUBMITTAL TO BE
CONSIDERED COMPLETE AND ACCEPTABLE.
/, IJ rJfll 13 Lt{!Al~. ~. .. ·
u,..f\ TAME OF C' NTRAC ..
/0 -~ "'-07
'ATE
FAX-ED
UL I 0 6 2007
BY'
The City of
Boynton Beach
r-f'" ,
{ r";?'
\ r_
" ',II
'~ .
r,'
Procurement Sen'ices
/00 E. Boynton Beach Boulewml
Boynton Beach. Florida 33435
Phone (56/) 742-6320
FA}(; (56!) 74]-63/6
ACKNOWLDEDGEMENT OF ADDENDUM #3
"FIRE RESCUE STATION NO.5 AND EMERGENCY
OPERATIONS CENTER"
BID# 071-2413-07/JA
RESPONDENT MUST SIGN, DATE AND INCLUDE "ACKNOWLEDGEMENT OF
ADDENDUM #3" WITH RESPONSE IN ORDER FOR SUBMITTAL TO BE
0;(1f1l-1l "&1/) j,)}/lr
NAME OF CONTRACTO
/D --/CJ---0"7
DATE
.:/e 5
SIGNATURE OF REPRESENTA IV
Jo J1)1 /:J ;?~ db'[J
REPRESENT ATIVE/PRlN ~lE ,
CONSIDERED COMPLETE AND ACCEPTABLE.
A-7
TheCitj! of
Boyntolt Beach
P.rocu.lYWIf!nt Services
1(JQE.~ JkaChli,bulrvWd
Boynton Beach, F1Qrii1a334i5
Phone(3M) 742-(J32tJ
FAX: (561)7.41-6316
ACKNOWLDEDGEMENTOF ADDRN])UM#4
"FIRE RESCUE STATION NO.. SAND El\IERGENCY
OPERATIONS CENTER';
BID#071-2413-Q7/JA
RESPONDENT MUst :SIGN~ DATE AND INCLtJ1)E~'ACKNOWLEOGEMENT OF
ADDENDUM #4"WITH RESPONSE IN ORDER FOR SUBMITTAL TO BE
CONSIDERED. COMPLETE AND ACCEPTABLE.
-
FAXED
u\.. I 0 6 2007
BY:-
Florida Contractor's License Number CGC04 8 5 8 7 / CGCO 04 0 63
x Original and two (2) copies of Bid submitted.
x Attached is a computer generated horizontal bar chart showing proposed schedule of
work.
x Schedule of Subcontractors submitted.
N / A Site Inspection Form submitted. (per Addendum #2)
x Evidence of possession of required licenses and/or business permits submitted.
x 5% Bid Bond Enclosed
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
BP-3
BID BOND
Bid #071-2413-07jJA
STATE OF FLORIDA )
COUNTY OF ll!XKMCB~ MARTIN )
KNOW All1v1EN BY THESE PRESENTS, that Urban Building Systems, Ine.
as Principal, and Westfield Insurance Company
, as Surety, authorized to do
business in the State of Florida are held and firmly bound unto the Owner, City of Bovnton Beach
in the penal sum of
Five Percent of Amount Bid--------------------
Dollars ($ 5 %
) lawful money of the United States, for the payment of which sum will
and truly to be made, we bond ourselves, our heirs, executors, administrators, and successors,
jointly and severally, frrmly by these presents.
THE CONDmON OF THIS OBUGA TION IS SUCH, that whereas the Principal has
submitted the accompanying Bid, dated
October 16
, 20-92-, fot:
FIRE RESCUE STATION NO.5 AND EMERGENCY OPERATIONS CENTER
NOW THEREFORE,
A. If the principal shall not withdraw said Bid within ninety (90) days after date of opening
of the sa.me, and shall within ten (10) days after the prescribed forms are presented to
him for signature, enter into a written Contract with the Owner in accordance with the
Bid as accepted, and give bonds with goods and sufficient surety or sureties, as may be
required, for the faithful performance and proper fulfillment of such Contract, then the
above obligations shall be void and of no effect, otherwise to remain in full force and
effect.
BIB - 1
B. In the event of the withdrawal of said Bid within the period specified, or lhe failure to
enter into such Contract and give such bonds within the time specified, if the principal
shall pay the Owner the difference between the amount specified in said Bid and the
amount for which the Owner may procure the required work and supplies, if the latter
amount be in excess of the former then the above obligations shall be void and of no
effect, otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the above bounded parties have executed this instrument
under their several seals, this 16th day of October, 2007 , being hereto affixed and
these presents duly signed by its undersigned representative, pursuant to authority of is governing
body.
WITNESS:
(If Sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary only will attest and affix seal).
PRINCIPAL:
Urban Building Systems. Inc.
Name of Firm
~s IfvvvM ~
, J I
~'r-'- ""-1
,J/ .\,
'- '1/ .
i// -A> 1/ \./ \. v I P. .
Si~ature of Authorized Officer (affixed seal)
--,)
Vice President
Title
1516 SW Mapp Road
Business Address
Palm City, Florida 34990
City and State
BIB - 2
suRETY:
Westfield Insurance Company
Corporate Surety
WITNESS:
~~
I~IU.~
Attorney-in-fact (affix seal) Leslie M. Donahue, Attorney in Fact
& FL Licensed Resident Agent
One Park Circle
Business Address
Westfield Center, Ohio 44251-5001
City State
Florida Surety Bonds, Inc.
Name of Local InsuraDCC ~cy
Inquiries: (407) 786-7770
Bm.3
THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME
POWER # AND ISSUED PRIOR TO 07116/07. FOR ANY PERSON OR PERSONS NAMED BELOW
CERTIFIED COPY
POWER NO 0990992 00
Westfield Insurance Co.
Westfield National Insurance Co.
Ohio Farmers Insurance Co.
Westfield Center. Ohio
General
Power
of Attorney
Know A/i Men by These Presents, Thac WESTFiELS I~SJRANCE CO~PANY, WESTF EUJ ~.ATO~~AL "SURANC= COMPAr\V a-,j :H
FARMERS It\SURANCE COMPANY, corooratlons. hereinafter referred to In;Jlvidually as a "Companv" and cO'.lect,vely cJS 'Co~:)a:ies' CLFf
organized and eXisting Jnder tr.e laws 01 tne State 01 OhiO, anc navlnc; .ts p"nc'pa office n Westllelc Center 'v1ecina Countv ChiC! c.: ~I'ese
presents make, constitute and appoln:
DON BRAMLAGE, JEFFREY W. REICH, LESLIE M DONAHUE, SUSAN L. REICH. PATRICIA L. SLAUGHTER. GLORIA A
RICHARDS. TERESA L. DURHAM. JOINTLY OR SEVERALLY
of MAITLAND and State of FL Its true ana lawful At10rneyiS!-in.i-act. Wit" lull power an:J aL;thorlty r,ereDy confecrej ,r Its name,
place and stead, to execute. aCknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
suretyship- - .. .. - - .. .. ." . . - . .. - - .. - - .. .. - .. - ... . . .. . . . . . .. ... - . . . . . - . ..
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY. MORTGAGE
GUARANTEE, OR BANK DEPOSITORY BONDS.
and TO bind any of t,e Camoanles thereby as fully arid to tre same extent ilS .~ sucr, :lC:lnds were slg~ed by a,e Preslder.:, sealed Wla'l The corDoraT~
seal of the applicable Company and duly attested by Its Secretary, hereby ratlfy,n~ and conflrrr.,ng all neat t~e said AttorneylS)-ln.Fac: rr,ay 00 In
the premises. Said appointment IS made under and by authority of the follow:n~ resolution adoptee DY the Board of Directors of eacn of the
WESTFIE~D INSURANCE COMPANY, WESTFIEL) NATIONAL INSURANCE COMPANY and OHIO FARMERS INSUR/lNCc COMPANY:
"Be It ReSOlved, Hlat the PreSident, any Senior Executive, any Secretary or any ;:icellty & S:Jrety Operations Execut:ve or' other Execu:,ve srlall
be and IS hereby vested with full power and autnorlty to appoint any one or more SUitable persons as At10rneylsHn.:Oac: :0 represent one act for
and or, behal' 01 the COrT'pany subject to the following prOVisions:
The Attorney-in-Fact. may be given full power and authOrity for and In tne name of ana on benal' of the company, :0 execute, acf,nOW!edge anc
deliver, any and all bonds, recognizances, contracts, agreements of Inoemnlty and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company'S liability thereurder, and any such Instruments so executed by any suer,
At10rneY-In-FacT shall be as Dlndlng upon the Company as If Signed by the PreSident and sealed and attested by tne Cor8orate Secretary-
-Be it Further Resolved, that the signature of any such deSignated person and the seal of the Company heretofore or hereafte' affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing faCSimile signatures or faCSimile
seat shall be valid and binding upon the Company with respect to any bond or undertaking te whicr' It is attached.- (Eacn aooptee at a mee:lng
held on Feb'uary 8, 2000).
In Witness Whereof. WEST;:IELD INSURANCE COM?ANY, WESFIEc.D NATIONAL INSURANC" COM?ANY and 01'1,0 FARMERS NSURANCE
C::OMPAt\v have caused these presents cO be Signed by tr,elr Senior Executive and their corporate seals to be heretc affixed thiS 25th day 0'
Septembef<.D.2007
Corporate ......;~\i.;iA~.....'"
Seals /.'Q '( ....-.......c'~ ''''.
Affixed J .;;'...." -.. ..\ ~ \
I ~f SEAL ~'i)
i~: J'"
~".>' ~
\~\. -- ..",
\.... ......_.~.... /
S:ate of OhiO ~.
County of Meclna
..11111...,
,.,'~~~\(\NJ\i. ;""'"
f~~.:t..... ..... .:::~~\
:f-: SEAl.. :,...:
\~{'~:-" .....6;~/
-..... . ..' ,~"
" "1. "
>"/'"., 'I~~" llll.,I"
" "'~;:'" WESTFIELD INSURANCE COMPANY
/~~'f~~;;....-... WESTFIELD NATIONAL INSURANCE COMPANY
t!lft."'U.JERtjj~i\ ~OHIO FARMERS INSURANCE~COMPANY . n
\~\..lB4B",,~; , . ~ ~ ~
'<-<., .-.:':..... .:..,.... /' // -
'"'4I"U''''''''' By: J - v
Richard L, Kinnaird, Jr., Senior ExeCUtive
s,.
On thiS 25th day of Septembep-.D.. 2007, before me persDnally came Richard L. Kinnaird, Jr. to me known, who, being by me duly
sworn, did depose and say. that he reSides In Medina. Ohio; that he IS Senior Executive of WESTFIELD INSURANCE COMPANY, WEST;:IELD
NAilONAL INSuRANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in ana which executed tne above
Instrument: that he knows the sealS of said Companies: that the seals affixed to sa:d Instrument are such corporate seals' that trey we'e so aftl xed
by order of trle Boards of Directors of said Companies: and tl",at he Signed hiS ~ad2me there. to b...y like order. ~/I,
Notar:al ~...""I"'Mol...... .
Seal ..........,... \ A L '*....
Affixed A~ '?- <<:-"'\r',..,.. oS ;:--.
(!.~)"
Sta:e of 01110 '.11\ ";'0
County of Medina 5S: .... ...."/ . -. -?-......
""'" '7'~ of' 0.,.....
....'....Ofl..........
William J. Kahelin, A rney at Law. Notary PubliC
MV CO"'1rr sSlon Does Not Expire iSec. "4703 orllo ReVised Codel
I. Frank A. Carrino, secretary of WESTFIELD INSJRA~CE COMPANY. WESTFIELD NATIC"AL INSURANCE CO~PA~Y and 0,.,,0 "hrlMERS
INSURANCE COUPANY. do hereby certify mat the above and foregOing IS " :rue and correct copy of a Power of Attorney, execu'",d by sa'::i
Companies, Which IS Stili n 'uti force 3fld effect: and furthermore, the resolu::ons of t~e Boards of Directors, set out :rle Powe' 0' fIt::orney are
In full larce and eflec:.
r.ereunlo se: my ~and a~o affixed the seals cf sa,d COMpanies a' Westfield Cer:er Oh'c. tr"S 25th cay of
In Witness ",Nnereof, i r:ave
Septemher A.S.. 2007
_U"Ol"",
.......;,,\1 R..( ~ '~'"
I'. Q ~","'''''...c<", ",
l~....' ~ ~\("f \
t ~f.SE l! \'i)
s~. ...M..l..t....
~ ".>\. it
,.ft...... #'On /""'..
" .......... ./
..........-/
/.~~7~';.~:0~:~t:.~~~~\
:,:!J:' ....~-;
'::: SEAL ;;,.:,
: 'J::, : ~ :
~",-:;"'. .:;...)' /
~ -" , . . .
,. '.
. .
f,. I"",~".l'...'\"
.,.- .....\iSUi;/~.~,~,..
/;:;>.. ~'.-;;:-:.~C!",\
{~t~U.jERi;(i:~
....; :K~
i9~ ii:z
%,':f>....lB4B ....~}
.,<,,,::...:~:...:::.,.:,.,.,..
~ 4 LJ 1 S~crrtary
Frank A. carrinl decret~
BPO;'.C2 (coIT.binf'd, (06-02)
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, Jan S. Hoover
, certify that I am the Secretary of the Corporation named
as Principal in the within bond; that Richard E. Bell
who signed the said Bid Bond
on behalf of the Principal, was then Vice President
of said Corporation; that I know has
signature, and his signature hereto is genuine; and that said bond was duly signed, sijaled, and
attested for and in behalf of said Corporation by authority of its governing body.
~ tf-rvvk1, Yt.--L.,
.
Secretary (corporate seal)
STATE OF FLORIDA
)
COUNTY OF ORANGE
)
Before me, a Notary Public _duly commissioned, qualified and acting, personally appeared
Leslie M. Donahue
to me well known, who being by me first duly sworn upon oath, says
that he is the Attorney-in-Fact, for the Westfield Insurance Company
and that he has been
authorized by Westfield Insurance Company
to execute the foregoing bond on behalf of the
Contractor named therein in favor for the Owner, the City of Boynton Beach.
~o--~. JJ.-v- ~rY\
Teresa L. Durham, Notary Public
fERESA L DURHAM
Notary Public, Slale of Florida
My cornm. expo Feb. 22. 2011
Comm. No. DO 641494
BIB - 4
STATEMENT OF BIDDER'S QUALIFICATIONS
Each Contractor Bidding on work included in these General Documents shall prepare and submit
the data requested in the following schedule of information.
This data must be included in and made part of each Bid document. Failure to comply with this
instruction may be regarded as justification for rejecting the Contractor's proposal.
* attach additional sheets giving the information
1.
Name of Bidder:
Urban Building Systems, Inc.
2.
Business Address:
1516 SW Mapp Road
Palm City, FL 34990
3.
When Organized:
1993
4.
Where Incorporated:
Florida
5. How many years have you been engaged in the contracting business under the present
firm name? 14
6. General character of work performed by your company.
Carpentry
Supervision
Construction Manaqer
7. Enclose evidence of possession of required licenses and/or business permits. (See attached)
8.
Number of employees.
23
9. Background and experience of principal members of your personnel, including officers. *
10.
Bonding capacity.
$15,000,000 Singlei$30,000,000 Aqqreqate
11.
Have you ever defaulted on a contract? If so, where and why?*
No
THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL
SBQ - 1
STATEMENT OF BIDDER'S QUALIFICATIONS continued......
12. Experience in performance.
Proj ect
$ Value
Contact Name
Phone #
Jensen Beach Fire Station #16
$2,661,158.00
Randall Saumier
772/288-5932
SLCFD Administration
& Maintenance Facility
$7,245,000.00
Chief Parrish
772/462-8301
St. Lucie County Fire Station #2
$1,747,270.00
Chief Parrish
772/462-8301
Pt. St. Lucie High,
Forest Grove Middle &
South Port Middle School
Re-Roof & HVAC Renovation
$11.903.886.00
John Gillette
772/219-] 200
13. Contracts on hand. *
14. Largest completed projects (include final cost).
1) SLCFD Administration & Mtce Facility S 7,245.000.00
pt St Lucie High, Forest Grove Middle,
2) and South Port Middle Re-Roof & HVAC Reno $11,903,886.00
3) Jensen Beach FS #16 $ 2,661,158.00
15. List all lawsuits (design and/or construction related) or arbitrations to which you have
been a party and whic~: *
1)
arose from construction projects: *
None
2)
occurred wi thin the last 4 years: *
None
3)
provide case number and style: *
None
Dated at:
tms~ .\
By: ----i V
20 07
() I P_
(written signature)
Name:
Richard E. Bell
(printed or typed)
Title:
vice President
Rev. 05/30/02
TillS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL
SBQ - 2
BID TITLE: FIRE RESCUE STATION NO. 5 AND EMERGENCY OPERATIONS
CENTER
BID NUMBER: #071-2413-07/JA
PROJECT NUMBER: C.P.O. 645
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this 18th day of December, 2007, by and
between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called
the "CITY" or "OWNER" and Urban Buildin2 Systems. Inc.
a Florida Corporation l1L)
a Florida General Partnership L-)
a Florida Limited Partnership L-)
a Sole Proprietor L-)
Check One
hereinafter called "CONTRACTOR".
WITNESSETH
A. The City has heretofore invited Bids for a City construction project ("Project") identified by
the Bid title, Bid number and project number listed above and commonly referred to as:
FIRE RESCUE STATION NO. 5 AND EMERGENCY OPERATIONS CENTER
B. Contractor, in compliance with the Bidding requirements announced by the City, submitted
a Bid on the 16th day of October, 2007, for the total Bid amount of
$ 8.990.000.00.
C. On the 18th day of December, 2007, the City Commission designated contractor as
having submitted the Bid that was most advantageous to the City and authorized the
execution of this Agreement.
D. The Parties agree that the Project is scheduled to be completed within 490 calendar days of
the issuance of the Notice to Proceed, subject to CITY approved time extensions. There are
penalties to the CONTRACTOR for the failure to meet such deadlines.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
C - 1
1. AGREEMENT
1.1. The Parties agree that:
.1.1.1. The foregoing recitations contained in Paragraphs A-C are true and correct
and incorporated herein by this reference.
1.1.2. The CITY does hire and employ the CONTRACTOR to provide
construction services for completion of the Project.
1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish
the necessary labor, tools, equipment, materials and supplies, etc., and to
complete the Project by performing all the work as set forth in the this
Contract and the Contract Documents for the price and amounts set forth
in Contractor's Bid.
1.104. Contractor is an independent contractor as that term is set forth in the
General Conditions for Construction (GC-2)
1.1.5. Unless otherwise provided, all time frames referenced In all Contract
Documents shall be calendar days.
2. SCOPE OF SERVICES
2.1. The Project consists of those improvements described and set forth in the Contract
Documents.
2.2. The Contract Documents are the compilation of the following individual
documents:
2.2.1. Advertisement for Bids
2.2.2. Instructions for Bidders
2.2.3. Bid Proposal
2.204. Bid Bond
2.2.5. General Conditions for Construction (GC) - all references to "GC" shall
be to section numbers
2.2.6. Construction Contract
2.2.7. Certificate of Insurance
2.2.8. Public Construction Bond
2.2.9. Letters of Credit
2.2.10. Technical Specifications
2.2.11. Contract Drawings and Plans
2.2.12. Addenda
2.2.13. Written directives or interpretations
2.2.14. Manufacturers warranties
C-2
3. OBLIGATIONS OF CONTRACTOR
3.1. Contractor shall:
3.1.1. Furnish all materials, supplies, machines, equipment, tools,
superintendents, labor, insurance, and other accessories and services
necessary to complete said project in accordance with the conditions and
prices as stated in the Contract Documents.
3.1.2. Perform all the work and labor pursuant to this contract and all of the
materials furnished shall be in strict conformity with the Contract
Documents. CONTRACTOR further accepts and consents to the
conditions contained in said Contract Documents and expressly agrees to
comply with every requirement and stipulation therein contained.
3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work
above mentioned in a first-class, substantial and workmanlike manner, and
in conformity with the detail for said work on file in the office of the
Project Manager and strictly in accordance with the Contract Documents.
3.1.4. Guarantee all work and materials for a period of one (1) year. Upon receipt
of written notification from the CITY, CONTRACTOR shall correct any
defective or faulty work or materials which may appear within one (1) year
after completion of the Contract and receipt of final payment.
CONTRACTOR shall make the necessary corrections within ten (10) days
of receipt of the written notice. Comply with the provisions of Section
255.05, Florida Statutes, if applicable. Pay promptly, before final
settlement, any and all claims or liens by subcontractors or material
suppliers, incurred in and about this work. Furnish release of liens forms
from all subcontractors and suppliers of materials. Release of lien forms
to be utilized shall be supplied by CITY.
3.1.6. Remove and clean up all rubbish, debris, excess material, temporary
structures, tools and equipment from streets, alleys, parkways and adjacent
property that may have been used or worked on by the CONTRACTOR in
connection with the project promptly as such section or portion is
completed and ready for use, leaving the same in a neat and presentable
condition.
3.1. 7. Observe and comply with the provisions of the charter, ordinances, codes
and regulations of the City of Boynton Beach, Florida.
3.1.8. Obtain written approval from the CITY of all subcontractors not disclosed
in the Contractor's Bid document.
3.1.9. Perform such other tasks as set forth in the Contract Documents.
C - 3
3.1.10. Shall provide all required bonds, insurance certificates and any other
required security for performance of the Project within ten (10) days of the
Award of the Project.
3.2. The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and will be
required to make good at his own cost any damage or injury occurring from any
cause resulting from their acts or omissions or the acts or omissions of their
subcontracts or suppliers.
4. CITY'S OBLIGATIONS
4.1. City shall provide a written notice to proceed not later than ten (10) days from the
execution of this Contract.
4.2. Make timely payments for the work in accordance with the procedures and time
frames set forth in the Contract Documents.
4.3. On satisfactory completion of the Project, provide a written final acceptance and
payment for the entire project.
5. COMMENCEMENT OF WORK
5.1. CONTRACTOR hereby agrees to commence work under this contract on or
before a date to be specified in the writt~n "Notice to Proceed" of the CITY and to
fully complete the project within 490 calendar days following the commencement
date as specified in same.
5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to
timely commence the work following Notice to Proceed or fail in the performance
of the work specified and required to be performed within the time limit set forth
in the contract, after due allowance for any extension or extensions of time made
in accordance with the Contract Documents, the CONTRACTOR shall be liable
to the CITY, as liquidated damages and not as penalty, the amount stipulated in
Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR
shall be in default of completion.
5.3. CONTRACTOR shall notify the Project Manager in writing of any change in the
names and addresses of each subcontractor proposed for principal parts of work,
and any changes in subcontractors from those proposed in CONTRACTOR's Bid
proposal, and for such others as the Project Manager may direct, and shall not
employ any that CITY may, within a reasonable time, object to as incompetent or
as unfit.
C-4
6. LIQUIDATED DAMAGES
6.1. The CONTRACTOR further agrees to pay $3.500.00 per day as liquidated
damages for failure to complete the work within 490 calendar days from the
commencement date as indicated in the written "Notice to Proceed". The CITY
shall have the right to deduct said liquidated damages from any amount due, or
that may become due the CONTRACTOR, or to collect such liquidated damages
from the CONTRACTOR or his Surety.
7, PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1. The CONTRACTOR warrants that quoted prices include the protection and
continuous use of all existing work in process, property or operations of the CITY
as more particularly set forth in the General Conditions for Construction (GC-44,
GC-45, and GC-46).
8. INDEMNIFICATION
8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its
agents, servants, and employees from and against any claim, demand, or cause of
action of whatsoever kind or nature arising out of error, omission or negligent act
of CONTRACTOR, its agents, servants, or employees in the performanCe: of
services under this Agreement.
8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents,
servants and employees from against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney's and paralegal expenses at
both the trial and appellate levels) of whatsoever kind or nature for damages to
persons or property caused in whole or in part by any act, omission, or default of
the CITY, its agents, servants or employees arising from this contract or Its
performance. The CONTRACTOR and the CITY hereby agree and covenant that
the CONTRACTOR has incorporated in this original Bid, which constitutes the
Contract sum payable by the CITY to the CONTRACTOR, specific additional
consideration in the amount of ten dollars ($10.00) sufficient to support this
obligation of indemnification provided for in this paragraph. The indemnification
required pursuant to the Contract shall in no event be less than $1 million per
occurrence or no more than the limits of insurance required of the
CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and
CONTRACTOR'S full intention that this provision shall be enforceable and said
provision shall be in compliance with Section 725.06, Florida Statute.
8.3. The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision, as well
C - 5
as the insurance provisions which are set forth in the General Conditions for
Construction. However, the indemnification provision, and the insurance
provision contained in the General Conditions for Construction are not
interdependent of each other, but rather each one is separate and distinct from the
other.
8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to
any offset, limitation or defense as a result of any insurance proceeds available to
either the CITY or the CONTRACTOR.
9. PAYMENT BY CITY
9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance
of the contract, subject to additions and deductions as provided in the Contract
Documents.
10. CHANGES IN THE WORK
10.1. The CITY, without invalidating the Contract, may order extra work or make
changes by altering, adding to or deducting from the work, the Contract sum being
adjusted accordingly. All such work shall be executed under the conditions of the
original Contract. Any claim for extension of time caused thereby shall be made
in writing at the time such change is ordered. Changes in the work must be
processed as set forth in the General Conditions for Construction (GC-57).
10.2. All change orders and adjustments shall be in writing and approved by the Project
Manager, otherwise, no claim for extras will be allowed.
10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be
submitted for the current contract payment for the month in which the work was
done. No claim for extra work shall be allowed unless same was ordered, in
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
11. PROJECT ARCHITECT ENGINEER
11.1. The Architect Engineer CH2M HILL.
11.2. The Architect Engineer shall have general supervision and direction of the work.
The Architect Engineer is the agent of the CITY only to the extent provided in the
Contract Documents and when in special instances he has the authority by CITY
to act, and in such instances he shall, upon request, show CONTRACTOR such
authority in writing. He has authority to stop the work whenever such stoppage
may be necessary to ensure the proper execution of the Contract.
11.3. As the Architect Engineer is, in the first instance, the interpreter of the conditions
of the contract and the judge of its performance, he shall side neither with CITY
C-6
nor with CONTRACTOR, but shall use his authority pursuant to the Contract to
enforce its faithful performance by both parties.
11.4. In the event of a dispute, the role of the Architect Engineer is to make
recommendations to the Project Manager who shall make the final decision.
12. INSURANCE
12.1. The Contractor shall obtain and maintain insurance as set forth in the General
Conditions for Construction (GC-28).
13. CONTRACT CONTROLS
13.1. This Contract must be construed with all other Contract Documents, a master set
of which shall be maintained by the City Clerk of the CITY. In the event of a
dispute, only the master set of documents, or copies thereof certified by the City
Clerk, shall be used as evidence.
13.2. In the event of a conflict between the requirements or specifications set forth in
the Contract Documents, the conflict shall be resolved by written interpretation by
the CITY, or its representatives as set forth in the General Conditions for
Construction (GC-18). In reconciling conflicting provisions of the Contract
Documents, the Contract shall have the greatest weight, followed by the General
Conditions for Construction and finally by the balance of the Contract Document
14. TIME OF ESSENCE
14.1. Inasmuch as the provisions of the Contract Documents relating to the times of
performance and completion of the work are for the purpose of enabling the CITY
to complete the construction of a public improvement in accordance with a
predetermined program, all such time limits are of the essence of the Contract.
15. REMEDY FOR DELAY
15.1. In the event of any delay in the project caused by any act or omission ofthe CITY,
its agents or employees, by the act or omission of any other party other than the
CONTRACTOR, his agents, employees or subcontractors, or delay caused by
weather conditions or unavailability of materials, the sole remedy available to
CONTRACTOR shall be by extension of the time allocated to complete the
project.
15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT
CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMIT A TION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
THIS LIMITATION.
c - 7
CONTRACTOR hereby acknowledges that he has read and understands the
above provision.
INTIALS
15.3. Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for completing
the work within the time allocated by this contract.
15.4. All requests for extension of time to complete the work shall be made III
accordance with the General Conditions for Construction (GC 24)
15.5. For the purpose of this section, the phrase "the CITY, its agents and employees"
shall include but shall not be limited to the Architect Engineer and Project
Manager.
16. DISPUTES
16.1. Disputes shall be resolved as set forth in the General Conditions for Construction
(GC-19).
16.2 Upon resolution of a dispute by the Owner, either party may request the
appointment of a mediator.
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its
Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and witnessed
in the presence of:
CITY OF BOYNTON BEACH, FLORIDA
Attest:
City Manager
Approved as to Form:
City Clerk
City Attorney
Signed, sealed and witnessed
in the presence of:
CONTRACTOR
President or Vice President
C - 8
Attest as to CONTRACTOR
State of Florida
)
) ss:
)
County of Palm Beach
On this day of , 20_, personally appeared before me, duly authorized
to administer oaths, known to be the
persons described herein or who has produced as
identification and who executed the foregoing instrument and has acknowledged before me that
they have executed same.
Notary Public
My Commission Expires:
C - 9
PUBLIC CONSTRUCTION BOND
BY THIS BOND, We' as Principal
and ' a corporation, as Surety, are
bound to City of Boynton Beach, herein called Owner, III the sum of
$ , for payment of which we bind ourselves, our heirs,
personal representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the contract dated , between Principal and Owner
for construction of ' the contract being
made a part of this bond by reference, at the times and in the manner prescribed in the
contract; and
2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal
in the prosecution of the work provided for the contract; and
3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate
proceedings, that Owner sustains because of a default by Principal gIlder the contract; and
4. Performs the guarantee of all work and materials furnished under the contract for the time
specified in the contract, then this bond is void; otherwise it remains in full force.
5. Any changes in or under the contract documents and compliance or noncompliance with any
formalities connected with the contract or the changes do not affect Surety's obligation under
this bond.
DATED ON
(Name of Principal)
BY:
(Name of Surety)
PCB - 1
WARRANTY
The undersigned,
hereby agrees for a period of one (1) year from the date hereof, to repair any defect or damages
resulting from the work conveyed to the City of Boynton Beach (the "City"), pursuant to that
certain Bill of Sale or Plans dated which is result of a defect in the materials or
workmanship. The undersigned, upon notice of such defect, shall make the foregoing repairs as
soon as reasonably possible or, if such repairs have already been made by the City, the
undersigned, upon receipt of evidence of the costs reasonably incurred by the City in the making
of such repairs, shall forthwith refund same to the City. Anything herein to the contrary
notwithstanding, the City shall have the sole obligation to perform all maintenance required.
Accordingly, the undersigned shall have no liability hereunder in the event that the repairs result
from the failure of the City to properly maintain same or misuse or abuse (except, however,
nothing contained herein shall be construed to release the undersigned from liability for damage
or defect caused by acts of the undersigned or its employees or agents in connection with the
completion by the undersigned of the project).
Date:
By:
President
Name of Company
(CORPORATE SEAL)
WARR - 1
STATE OF FLORIDA
)
COUNTY OF
SS:
)
I, HEREBY CERTIFY that on this day, before me, an officer duly authorized to take
acknowledgements, personally appeared
Florida Corporation and general partner of
A Florida limited partnership, to me known to be person described in and who executed the
foregoing instrument and he acknowledged before me that he executed the same for the uses and
purposes therein expressed.
Notary Public, State of Florida
My Commission Expires:
WARR-2
WARRANTY OF TITLE
To be executed with each and every payment or draw request
STATE OF FLORIDA
COUNTY OF
He is
(Title) (Name of Corporation or Firm)
a corporation which is named in Construction Contract dated the
______ day of , 2002, between said corporation as the
CONTRACTOR and the City of Bovnton Beach, Florida as the OWNER, for the construction of
and Affiant is authorized to make this
Affidavit as, or on behalf of, the Contractor as named above.
Title to all work, materials and equipment covered by the attached Periodical Estimate for
Payment dated , passes to the Owner at the time of payment free and clear of
all liens. and all laborers, materialmen and subcontractors have been paid for performing or
furnishmg the work, labor or materials upon said Contract work covered by the aforesaid Periodical
Estimate for Payment.
This statement under oath is given in compliance with Section 713.06 Florida Statutes.
Affiant
Sworn to and subscribed before me this
day of
,2002.
Notary Public, State of Florida at Large
My Commission expires:
(SEAL)
WT-l
FINAL ESTIMATE RECONCILIATION AGREEMENT
This Final Estimate Reconciliation Agreement covenng the period from
, to , supersedes any and all previous correspondence
or verbal agreement regarding deletions or additions to the scope of work in the performance of
the contract dated for construction of and all
appurtenant work thereto in the City of Bovnton Beach, Palm Beach County, Florida.
It is hereby agreed and understood that all quantities and prices shown on the attached
Final Estimate No. are correct and the amount of $ constitutes final
payment, including retainage, and Change Order No. for all materials furnished
and work performed by , Contractor, and all other
contractors, in the construction and completion of the above project, all which were to be
performed in strict accordance with the terms of the original contract.
It is further agreed and understood that the one-year warranty period of workmanship and
materials furnished shall commence on final completion and acceptance by the Owner, City of
Bovnton Beach, as outlined in Paragraph C-15 of the Oljginal agreement.
By:
RECOMMENDED FOR APPROVAL:
By:
ACCEPTED:
By:
Date:
FER - 1
1
2 RESOLUTION NO. R07-
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING A CONTRACT FOR BID #071-2413-
7 07/JA TO URBAN BUILDING SYSTEMS, INC., OF
8 PALM CITY, FLORIDA FOR FIRE RESCUE
9 STATION NO.5 AND EMERGENCY OPERATIONS
10 CENTER CONSTRUCTION IN AN AMOUNT NOT
11 TO EXCEED $9,085,000.00 PLUS A 10%
12 CONTINGENCY OF $908,500.00 FOR A TOTAL
13 APPROPRIATION OF $9,993,500.00; AUTHORIZING
14 THE CITY MANAGER TO EXECUTE CONTRACT
15 DOCUMENTS; AND PROVIDING AN EFFECTIVE
16 DATE.
17
18 WHEREAS, six (6) bids were received and opened by Procurement Services on
19 October 16, 2007, for the construction of Fire Rescue Station No.5 and Emergency
20 Operations Center and together with the City's Architect Engineer, CH2M Hill, staff is
21 recommending the award to Urban Building Systems, Inc., of Palm City, Florida as the
22 lowest, most responsive, responsible bidder who met all specifications.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
25
26 as being true and correct and are hereby made a specific part of this Resolution upon
27 adoption.
Section 2.
The City Commission of the City of Boynton Beach, Florida,
28
29 hereby approves the award of Bid #071-2413-07/JA to Urban Building Systems, Inc., for
30 the construction of Fire Rescue Station No.5 and Emergency Operations Center.
31
Section 3.
The City Manager is authorized to execute a contract in an amount
S:\CA\RESO\Agreements\Bid Awards\Award of Bid . Fire Station 5 (Urban Building).doc
- 1 -
not to exceed $9,085,000.00 plus a 10% contingency of $908,500.00 for a total
2 appropriation of $9,993,500.00, a copy of said Contract is attached hereto and made a part
3 hereof as Exhibit "A".
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Section 4.
That this Resolution shall become effective immediately.
PASSED AND ADOPTED this
day of December, 2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
I
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II ATTEST:
II
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Janet M. Prainito, CMC
I City Clerk
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
(Corporate Seal)
S:\CA\RESO\Agreements\Bid Awards\Award of Bid - Fire Station 5 (Urban Building).doc
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VI.-CONSENT AGENDA
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
IS] December 18, 2007 December 3, 2007 (Noon) D February 19, 2008 February 4, 2008 (Noon)
D January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19, 2008 (Noon)
D January IS, 2008 December 31, 2007 (Noon) D March 18, 2008 March 3, 2008 (Noon) ,,~
. -
D February 5, 2008 January 14,2008 (Noon) D April I, 2008 March 17,2008 (Noon)
"-)
1..;'::;
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM IS] Consent Agenda D Legal -"
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D D 0:: -
Code Compliance & Legal Settlements Unfinished Business 0
D Public Hearing D
RECOMMENDATION:
Motion to approve and authorizing the City Manager to sign Task Order No. U07-17-3 with SFRN, Inc. for the
preparation of a Storm water Operation and Maintenance Manual.
EXPLANATION:
The proposed Stormwater Operation and Maintenance Manual will review an facets of the City's stormwater
operation, providing needed standard operating procedures, safety procedures, training, and equipment information
in a concise and comprehensive document. The storm water utility is the most recent of an the City's utility disciplines,
and has grown at a rapid rate since its inception in 1993. With recent expansions in the downtown and Industrial
Avenue systems, a standardized Operations and Maintenance Manual is warranted.
PROGRAM IMP ACT:
Development of a Manual will assist the Utilities Department in identifying necessary maintenance practices.
FISCAL IMPACT:
$38,322 from the Utilities CIP, account no. 403-5000-590-96-07 (STM 031)
~rz~
ity Manager's SignatUre
~
. out a comprehensive Manual.
{o/
,Assistant to City Manager
""--.~ C.
---
Department Name
City Attorney I Finance
XC: Peter MazzelIa
Michael Low
Barbara Conboy
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
Finance Dept.
File
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RESOLUTION NO. R07-
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE TASK ORDER NO. U07-17-3
IN THE AMOUNT OF $38,322.00 WITH SFRN, INC.,
FOR THE PREPARATION OF A STORMW ATER
OPERATION AND MAINTENANCE MANUAL; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, with the recent expansions in the downtown and Industrial Avenue
systems, the Utilities Department has identified the need for a standardized Operations and
Maintenance Manual; and
WHEREAS, the proposed Stormwater Operation and Maintenance Manual will
review all facets of the City's stormwater operation, providing needed standard operating
procedures, safety procedures, training and equipment information in a concise and
comprehensive document; and
WHEREAS, the City Commission of the City of Boynton Beach upon
recommendation of staff, deems it to be in the best interest of the citizens of the City of
Boynton Beach to authorize execution of Task Order U07-17-3 in the amount of $38,322.00
with SFRN, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida does
I S:ICAIRESO\AgreemenlsITask, Change Orders\SFRN U07,17.03doc
II
Jj
I'
hereby authorize and direct the approval and execution by the City Manager of Task Order
2 U07-17-03 in the amount of $38,322.00 with SFRN, Inc., for the preparation of a
3 Stormwater Operation and Maintenance Manual, a copy of which is attached hereto as
4 Exhibit "A".
5
Section 3.
This Resolution shall become effective immediately upon passage.
I
6 PASSED AND ADOPTED this _ day of December, 2007.
7
8
9
10
11
12
13
14
15
16
17.
18 I
19
20
21
22
23
24
25
26
27
28
29
30
31
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S:\CA\RESOlAgreements\Task ' Change OrderslSFRN U07-17-03.doc
2
Inc.
Engineers Surveyors GIS Mappers
C.AndreRayman,PS.M 'J
Keith B. Jacksor:
Lisak Tropepe P"
Task Order #U07-17-3
BACKGROUND
The City of Boynton Beach (CITY) is requesting SFRN, Inc. (CONSULTANT) to
prepare an Operations and Maintenance Manual for that portion of its stormwater system
that is owned, operated, and maintained by the CITY.
SCOPE OF SERVICES
Task 1: Develop standard operating procedures in the form of an Operations and
Maintenance Manual for evaluating and maintaining the stormwater system that is
owned, operated, and maintained by the CITY. A Table of Contents for the
Operations and Maintenance Manual is attached to this Task Order (see Exhibit
A).
Task 2: Meet with CITY staff on three occasions to discuss the content ofthe Manual.
The first meeting is to be a workshop with maintenance personnel when the
Manual is 40-50% complete. CONSULTANT will have personnel with extensive
field experience attend the first meeting. The second meeting will discuss the
progress ofthe Manual at 75% and the third meeting will discuss comments
generated from review of a draft copy of the Manual at 95% completion.
Task 3: CONSULTANT will submit 10 draft copies ofthe Operations and Maintenance
Manual for review by the CITY. Once approved, CONSULTANT will provide
the CITY with 10 copies of the final Operations and Maintenance Manual.
CONTRACT REFERENCE
Above is performed under the terms and conditions described within the Agreement for
General Engineering and Consulting Services dated November 18,2003, with renewals,
between the City of Boynton Beach and SFRN, Inc.
ADDITIONAL SERVICES
Anything that may be needed and can or may be assigned by an amendment/change to
the Task Order.
OBLIGATIONS OF THE CITY
No materials or information are required from the CITY.
Page 1 of2
1201 Belvedere Road, West Palm Beach, Florida 33405 TEL: (561 )-655-1151 FAX: (561 )-83 2 - 93 90
E-Mail: i nfo@sfrninc, com Official Website: www.sfrninc.com
COMPENSATION
The CITY shall pay CONSULT ANT a lump sum fee of Thirty Nine Thousand One
Hundred Seventy Two and Zero Hundredths Dollars for the services described on this
Task Order. A breakdown of the fee is shown in the attached Table (Exhibit B) which is
included in this Task Order.
SCHEDULE
50% complete in 60 days.
Draft completed in 100 days.
Completed and ready for final payment within 30 days of receiving CITY comments on
the draft.
Method of Payment - Percentages oflump sum payment shall be tied to the acceptance
of deliverables by the City.
25% Draft of Standard Operating Procedures
40% Workshop with maintenance personnel
95% Submittal of draft
100% Final completion and acceptance by CITY
APPROVED BY:
CITY OF BOYNTON BEACH, FLORIDA
By:
Kurt Bressner
City Manager
Dated this
day of
,2007.
SUBMITTED BY:
SFRN'~
By: Ov~
Lisa A. Tropepe. P. E.
Vice President
Approved as to Form:
Attest! Authenticated:
Office of the City Attorney
Secretary
Page2of2
Exhibit A
Stormwater System
Operations and Maintenance Manual
City of Boynton Beach, Florida
TABLE OF CONTENTS
Introduction
Purpose
Why Maintain the Stormwater System?
Legal Authority.
Statutory and Code Requirements Governing the Stormwater System
Method for Creating this Manual.
Safety
Introduction
Prevention
Management's Safety Responsibilities
Treatment of Injuries
Sewer Maintenance Hazards
Manhole Atmosphere Testing
Electrical System Hazards
Mechanical Equipment Hazards Lockout/Tag Out
Explosion and Fire Hazards
Bacterial Infections and Health Hazards
OSHA Confined Spaces Permit Requirements
Safety Equipment
General Safety
Vehicle Safety
Safety Publications Available
Safety References
Facilities Operation and Maintenance - Standard Operating Procedures
Access Roads and Easements
Catch Basins and Inlets
Debris Barriers/Trash Racks
Dry Detention Basins
Dry Drainage Ditches
Energy Dissipaters
Exfiltration Trenches
Flow Control Structures
Filtration Systems
Manholes
Outfalls
Pipe
Page 1 of2
Exhibit A
Stormwater System
Operations and Maintenance Manual
City of Boynton Beach, Florida
TABLE OF CONTENTS
Pumping Stations
Streets
Swales
Water-Bearing Drainage Ditches
Wet Detention Basins
Wetlands
Municipal Activities
Landscaping
Vehic1e Fueling
Vehic1e and Equipment Maintenance
Vehic1e and Equipment Washing
Hazardous Material Storage
Erosion and Sediment Control
Management of Sediments
Litter Control
Vegetation and Pest Management
General Practice
Control Facilities
Conveyance Facilities
Storage Facilities
Wetland Areas
Fertilizer Application Control
Pesticide Use Control
Water Quality Operations
Emergency Operations
Measurable Goals
Employee Training and Education
Appendix
List of subcontractors, their contact information, and their scope
Page 2 of2
Exhibit B
Fee Breakdown Table
Task Labor Hours Labor Cost Expenses Total
1 306 $34,318.00 $0.00 $34,318.00 !
2 24 $3,060.00 $50.00 $3,110.00
3 16 $944.00 $800.00 $1,744.00
Totals: 346 $38,322.00 $850.00 $39,172.00
Staff Classification Labor Rate Labor Hours Total "1
Lisa Tropepe Corporate Officer $160.00 20 $3,200.00
Mike Hanseter Department Director $150.00 100 $15,000.00
Kyle Grandusky Project Engineer $105.00 134 $14,070.00
Mitch Fleury Sr. Field i
Representative $98.00 16 $1,568.00
Lisa Broz Sr. Admin. Assistant $59.00 76 $4,484.00
Totals: $38,322.00
(The total of this table should match total of labor cost)
Page 1 of 1
Cf'
VI.-CONSENT AGENDA
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
IS] December 18,2007 December 3, 2007 (Noon) 0 February 19,2008 February 4,2008 (Noon)
D January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19,2008 (Noon)
0 January 15,2008 December 31, 2007 (Noon) 0 March 18.2008 March 3, 2008 (Noon)
D February 5, 2008 January 14,2008 (Noon) D April I, 2008 March 17,2008 (Noon)
0 Announcements/Presentations D City Manager's Report
NATURE OF 0 Administrative D New Business
AGENDA ITEM IS] Consent Agenda 0 Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing 0
RECOMMENDATION: The Boynton Beach Fire Rescue Department is requesting commission approval to enter into
an agreement with The Professional Medical Career Center to serve as a field training site for their Paramedic and
Emergency Medical Technician (EMT) programs.
EXPLANATION: The Boynton Beach Fire Rescue Department has a 20+ year history of providing field training
opportunities for EMT and Paramedic clinical rotations (an integral part of the EMS training syllabus). Palm Beach
Community College has been our primary educational institution for these students. As our department continues to
grow with the addition of a fifth Advanced Life Support (ALS) transport vehicle, so too does the need for additional
field training opportunities for the ever increasing enrollment of students seeking a career in emergency medicine.
With the availability of having this additional ALS transport unit in service, our department can now provide
additional field training opportunities, these opportunities allow us to include other medical training center students.
PROGRAM IMPACT: Boynton Beach Fire Rescue crews are well acclimated to teaching and mentoring EMT and
Paramedic students. Teaching others helps to keep our fire rescue personnel's skills at their sharpest levels.
Monitoring and working with these students also becomes beneficial when hiring new recruits. Observing an
employee's behavior and interactions with other crew members and the public during actual emergencies provides a
window into how that potential employee will fit in with our fire rescue teams.
FISCAL IMPACT: None
AL TERN A TIVES: Do not enter into an agreement with The Professional Medical Career Center.
~oz~
City Manager's Signature
~ ~
,
Department Head's Signature
Department Name
Assistant to City Manager C~
~'--
City Attorney I Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING
5 AND AUTHORIZING THE CITY MANAGER TO
6 EXECUTE THE AGREEMENT BETWEEN
7 PROFESSIONAL MEDICAL CAREER CENTER, INC.,
8 AND THE CITY OF BOYNTON BEACH PROVIDING
9 FOR THE EDUCATION AND TRAINING OF
10 STUDENTS IN THE PARAMEDIC AND EMT
11 PROGRAMS; AND PROVIDING AN EFFECTIVE
12 DATE.
13
14 WHEREAS, the City's Fire Department continues to grow with the addition of a
15 fifth Advanced Life Support (ALS) transport vehicle; and
16 WHEREAS, there is a need for additional field training opportunities for the ever
17 increase enrollment of students seeking a career in emergency medicine; and
18 WHEREAS, with the availability of having this additional ALS transport unit in
19 service the department can provide additional field training opportunities which will allow
20 the department to include other medical training center students.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26 II
27 I hereby approve and authorize the City Manager to execute an Agreement between the City of
Section 2.
The City Commission of the City of Boynton Beach, Florida does
28 Boynton Beach and the Professional Medical Center, Inc., a copy of said Agreement is
29 attached hereto.
S:\CA\RESOlAgreementslAgreement PMCC EMT training(2007).doc
Section 3.
This Resolution shall become effective immediately upon passage.
2
PASSED AND ADOPTED this _ day of December, 2007.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 ATTEST:
22
23
24
25
26 Janet M. Prainito, CMC
27 City Clerk
28
29
30
31 (Corporate Seal)
32
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
S:\CA\RESO\Agreements\Agreement PMCC EMT training(2007).doc
AGREEMENT
THIS AGREEMENT, made and entered into by and between PROFESSIONAL
MEDICAL CAREER CENTER, 6415 Lake Worth Road Suite #100, Greenacres, Florida 33463, a
public corporation under the laws of the State of Florida, hereinafter referred to as "PMCC
INC." and City of Boynton Beach, 100 E. Boynton Beach Boulevard, Fire Rescue, Boynton
Beach, FL 33435-0310, hereinafter referred to as "DEPARTMENT".
WITNESSETH
WHEREAS, the parties hereto desire to enter into a contractual arrangement providing for
the education and training of students in the Paramedic and EMT programs.
NOW, THEREFORE, it is agreed between the parties hereto as follows:
1. PMCC, INC., through its facilities at the Professional Medical Career Center,
Inc., has undertaken to educate and train students in the Paramedic and EMT programs.
2. DEP ARTMENT agrees not to begin any training programs in the Paramedic and
EMT fields, conducted by the PMCC while this agreement is in effect, without the prior
notification ofPMCC, INC
3. All programs will be taught according to the NHTSA / D.O.T. curriculum.
4. The control of the program shall reside in the President of the Professional
Medical Career Center, Inc. with the assistance of the Program Coordinator. There shall be
established a Business Partnership Council who will counsel the said President and Program
Coordinator responsible for the program.
5. This agreement shall continue for three (3) years from the date hereof unless
sooner terminated as hereinafter provided and may be renewed at the end of three (3) years by
the mutual consent of the parties hereto. In the event that either party desires to terminate the
arrangement prior to the three (3) year period, notice is to be given by the party desiring to
terminate to the other party in writing, but such termination shall not be effected until such time
as all then enrolled students have had an opportunity to complete their prescribed program,
although new enrollees shall not be accepted after receipt of notice of termination.
6. In the event that any action, suit or proceeding is commenced with respect to the
interpretation or enforcement of this Agreement, the prevailing party in such action, suit, or
proceeding shall be entitled to recover all costs, expenses and fees including, without limitation,
reasonable attorney's fees, incurred by such party in connection therewith in addition to any other
relief to which such party or parties may be entitled.
FURTHER, PMCC, INC. agrees to:
1. Accept eligible students in the program as regular enrollees of the Professional
Medical Career Center, Inc., subject to the rules and regulations of the PMCC.
2. Select a qualified faculty.
3. Provide a PMCC approved course of study.
4. Consult with the designated staff of DEP AR TMENT III selecting clinical
experiences for the students of the program. A list of students and their dates of attendance will
be provided to DEPARTMENT by the PMCC.
5. Provide supervision for students participating in clinical experiences at
DEPARTMENT.
6. Adhere to the Policy and Procedures established by DEPARTMENT to include the
Exposure Control Plan for Bloodborne Pathogens and all related OSHA and Infection Control
2
Policies.
7. Cooperate with DEP AR TMENT staff III all matters pertaining to these
programs.
8. To the extent permitted by Florida law, Section 768.28, PMCC, INe. agrees to
indemnify and hold harmless DEP AR TMENT from and against all claims, damages, losses,
judgments, and expenses, including reasonable legal fees and costs, if it is necessary for
DEPARTMENT to defend an action arising out of any alleged acts or omissions of the PMCe.
Inc., its agents, servants, employees or paramedic students.
FURTHER, DEPARTMENT agrees to:
1. Provide necessary facilities for clinical experiences for proper Paramedic and/or
EMT instruction.
2. Cooperate in the assignment of students in DEPARTMENT, such assignments to
be made under the supervision of the PMCC faculty.
3. Provide liaison between the DEPARTMENT administrator and the Program
Coordinator.
4. Provide suitable area at DEPARTMENT for conferences and group training
programs for the students.
5. Cooperate in obtaining guest lecturers from the staff of DEPARTMENT on
request of the Program Coordinator or President as schedule permits.
6. Provide all health examinations and immunizations required by the
DEP ARTMENT other than the basic physical examination and initial immunization required of
each student upon enrollment.
3
7. Cooperate with the PMCC staff in all matters pertaining to these programs.
8. To the extend permitted by Florida law, Section 768.28, DEP AR TMENT agrees
to indemnify and hold harmless PMCC, INe. from and against all claims, damages, losses,
judgments, and expenses, including reasonable legal fees and costs, if it is necessary for PMCC,
INC. to defend and action arising out of any alleged acts or omissions of the Department
staff. Nothing herein is intended to serve as a waiver of sovereign immunity by the City of
Boynton Beach.
1.
following:
e.
f.
g.
h.
FURTHER, BOTH PARTIES agree to:
Require that each Paramedic/EMT student at his/her own expense provide the
a.
b.
Uniforms
Meals
Laundry Service
Transportation
Physical examination and immunizations
Hospital and medical care
School Accident Insurance or evidence of such insurance protection
Professional Liability Insurance coverage of not less than $1,000,000 per
occurrence and $3,000,000 aggregate.
· Copy of Memo of Insurance is attached
c.
d.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
4
Contract begins
07/01/07
, and expires
07/01/2010
PROFESSIONAL MEDICAL CAREER CENTER. INC.
By:
President
Date
CITY OF BOYNTON BEACH
By:
Mayor] erry Taylor
ATTEST:
By:
Janet M. Prainito, City Clerk
Date
5
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A',. ,
'V ]"-0 r~-O 'V
VI.-CONSENT AGENDA
ITEM C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
IS] December 18, 2007 December 3, 2007 (Noon) D February] 9, 2008 February 4, 2008 (Noon)
D January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19,2008 (Noon) ._~
D January 15, 2008 December 31, 2007 (Noon) D March 18, 2008 March 3, 2008 (Noon)
............
D February 5, 2008 January 14,2008 (Noon) D April I, 2008 March 17,2008 (Noon) W
c.:;
--:--:"']1
D Announcements/Presentati ons D City Manager's Report
NATURE OF D Administrative D New Business 0
AGENDA ITEM 0,) --;
IS] Consent Agenda D Legal -:.)
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDA TION: : Motion to approve and authorize signing of an Agreement for Water Service outside the City
Limits with Happy Birthday lie, for the property at 1162 Highview Rd, Lantana, FL (Ridge Grove Add No 1 Lots 176)
EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San CastlelRidge
Grove project area. Only potable water is available for connection to the property at this time due to recent water
main improvements constructed by Palm Beach County as part of a neighborhood improvement project. (See location
map).
Water service areas have been agreed between the county and the various local utilities. We are required to provide
water to anyone within our service area when requested. Customers outside of the City Limits pay an additional 25%
surcharge.
PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service
to this parcel. No additional construction will be required by the City to serve this property.
fV
I 'ties service area.
~
City Manager's Signature
Assistant to City Manager crwlJ
~-
City Attorney I Finance
UTILITIES
Department Name
{C: Peter Mazzella
Tony Penn
File
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM. DOC
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE
8 CITY OF BOYNTON BEACH AND HAPPY BIRTHDAY
9 LLC; PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area, located at 1162 Highview Road, Lantana, Florida (Ridge Grove
14 Add No. 1, Lot 176); and
15 WHEREAS, the parcel covered by this agreement includes a single-family home
16 located in the San Castle/Ridge Grove project area; and
17 WHEREAS, a water distribution main has recently been completed on this street,
18 vicinity, allowing for the service to this parcel; and
19 WHEREAS, no additional construction will be required by the City to serve this
20 property.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26
Section 2.
The City Commission hereby authorizes and directs the City Manager
27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
28 Happy Birthday LLC., which Agreement is attached hereto as Exhibit "A".
29
30
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\Water Service\Happy Birthday Water Service Agreement.doc
1
2 PASSED AND ADOPTED this _ day of December, 2007.
3
4
5 CITY OF BOYNTON BEACH, FLORIDA
6
7
8
9 Mayor - Jerry Taylor
10
11
12 Vice Mayor - Jose Rodriguez
13
14
15 Commissioner - Ronald Weiland
16
17
18 Commissioner - Woodrow L. Hay
19
20
21 Commissioner - Marlene Ross
22 Attest:
23
24
25
26 Janet M. Prainito, CMC
27 City Clerk
28
29
30 (Corporate Seal)
S:\CA\RESO\Agreements\Water Service\Happy Birthday Water Service Agreement.doc
TI-IIS INSTRUMENT PREPARED BY:
James A. Cherot; Esquire
Goren, Cherot; Doody & Ezrol, P A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
1/ THISAGREEMENTmadeonthiso< &] dayof ~~,200L,bYandbetween
HA-Pptf PJi?:r1'lDllj l( -C' (Name of Corporation), hereinafter called the
"Customer", and the CITY OF BOYNTON BEACH, a municipal corporation ofthe State of Florida,
hereinafter called the "City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's
property; and
WHE~AS, the City of Boynton Beach has a policy which conditions the grant of water
services outside of its jurisdictional limits on annexation of the property to be serviced into the City at
the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of receiving water service from
the Mumcipal Water System and the mutual covenants expressed herein, the City of Boynton Beach
and the Customer, his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property descnbed as follows and which Customer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are /. i Equivalent Residential
Connections which City shall service.
~
3. The Customer agrees to pay all costs and fees of engineering, material, labor,
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. The
Customer shall be responsible for installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Customer's premises.
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf ofthe Customer,
in which case the Customer will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended from the City Water
Distnbution System to and including the metered service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property owner.
6. The Customer agrees to pay all charges, deposits and rates for service and equipment
in connection with water service outside the City limits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to time.
7. Any rights-of-way or easements necessary to accommodate the connections shall be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable
Special Power of Attorney granting to the City the power and authority to execute and advance on
behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall
cooperate with the City and not raise opposition or challenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option of the City at any
time the property is eligible under any available means or method for annexation. Customer will
inform any and all assigns or purchasers of any or part ofthis property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
9. Annexation is intended to be and is hereby made a covenant running with the land
described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be
recorded in the Public Records of Palm Beach County, Florida, and shall be binding on the Customer
and all subsequent transferee, grantees, heirs, successors and assigns.
10. It is agreed that the City shall have no liability in the event there is a reduction,
impairment or termination in water service to be provided under this Agreement due to any
prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event
2
there is a reduction, impairment or termination ofwater service due to acts of God, accidents, strikes,
boycotts, blackouts, fire, earthquakes, other casuahies or other circumstances beyond the City's
reasonable control.
11. The Customer hereby agrees to indemnif)r, defend and hold harmless the City of
Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents
(Both in their individual and official capacities) from and against all claims, damages, law suits and
expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with
post judgment collection) and costs rising out of or resulting from the Customer's obligation under or
performance pursuant to this Agreement including disputes for breach of warranty of title.
12. No additional agreements or representations shall be binding on any of the parties
hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties to be bound thereby.
I 3. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
"
.)
~
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;tcM/ :J,?V",. q '7 -
Pnnted Witness Name
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Itness Signat~
At.J~{t EA. T\\ U:Ll,-
I Printed Witness Name
I
CORPORATION AS OWNER(S):
By: ~O a~~'
Its: ~~~~ ~
~ '1 if ~ . A-, 'J:> Z;:;::;f?~ ~{
Print Name and Title /l7 rf1 v ~/N ~ /?1 G-m 13 ~<-.
WITNESS:
{ CORPORATE SEAL}
ATTEST:
~-, ,~ a2.~/
~!ary
::J.OCf I t$ ~. -=v~~ tJ'!U
I Print Name
FOR CORPORATE NOTARIZATION:
STATE OF FLOl'.Th(:"" )
COUNTY OF ~A\Sr\ 6EAot
)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, personally appeared
00l.fCL. ~. ~r~ as ~.::.~ of \-\A{>~ b't/tn\~ j L. L. ~. named in the
foregoing agreement and that he/she acknowledged executing the same in the presence of two subscribing
witnesses freely and voluntarily under authority duly vested in bimIher by said Corporation and that the
Corporate seal affixed thereto is the true corporate seal of said Corporation.
[)e-; Witness my hand and official seal in the County and State last aforesaid this ?>'D~ day of
:tabv-- ,2001. ~~ ~~~
o ~ POOL
~~~ \-\ L"='L\<.....
Printed Name
My Commission Expires:
+(),~~V.~~8t0 ANDREA HATHCOeK
,. M' '.,. MY COMMISSION # DO 713044
EXPIRES: October 16, 2011
dl"" ~~
"r~o.FI.~ Bonded Thru Budget Notary Services
4
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMIl'S AND COVENANT
FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
(INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA,
a Florida municipal corporation
By:
Kurt Bressner, City Manager
ATTEST:
City Clerk
(SEAL)
Approved as to Form:
City Attorney
STATE OF FLORIDA j
)ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally
appeared , City Manager and
City Clerk respectively, of the City named in the foregoing agreement and that they severally
acknowledged .executing same in the presence of two subscribing witnesses freely and voluntarily
under authority duly vested in them by said City and that the City seal affixed thereto is the true
corporate seal affixed thereto is the true corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this
,200_.
day of
(Notary Seal)
Notary Public
My Corrnnission Expires:
S:\CA\AGMTS\Water Service\Water Service Agreement (Corp) - Rev 090205.doc/rev. 1,,(,-06
H:\1990\900182,BB\AGMT\Water Service Agreement (Corp) - Rev 090205-Tev 1-6-06.doc
5
Palm Beach County Property Appraiser Pr0perty Search System
Page 1 of 1
Location Address: 1162 HIGHVIEW RD
1.~iMaD__1
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-09-000-1760
Subdivision: RIDGE GROVE ADD IIN
Official Records Book: 22137 Page: 86 Sale Date: Sep-2007
I,..egal Description: RIDGE GROVE ADD NO 1 LT 176
Owner Information
Name: HAPPY BIRTHDAY LLC
L-t~-llilll
Mailing Address: 1124 ALTON RD
LANTANA FL 33462
Sales Information
Sales Date Book/page
Sep-2007 ~_~137/Q086
Feb-1995 Q~62Z1~448
Mar-1993 07641/1564
Price Sale Type
Owner
["">i._~l
t1jMw"'- , _ ' "ol',-
$1 QUIT CLAIM HAPPY BIRTHDAY LLC
$17,100 WA RRANTY DEED
$7,700 WA RRANTY DEED
[Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
.Y.$e Code: 0100
2007 2006 2005 Property Information -
43,840 $49,271 $34,240 Number of Units: 1
, 48.489 $35 917 ! 23,323 *Total Square Feet: 936
~92.329 $85,188 ~57,563
Descri ption: RESIDENTIAL
* in residential properties may indicate living area.
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
~
'iT, ,.' i ," . ......
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
li~1_~1
1!1@j@di.iid~lliiliN.1
NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the
detail on one page.
http://www.pbcgov.comlpapa/aspx/web/detail_info .aspx?p _ entity=004 34509090001760...
IJ -A--
10/24/2007
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
City of Boynton Beach
100 E .Boynton Beach Blvd.
Boynton, Beach, Florida 33425
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Corporate Representative)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I,
--:S01(~~ IJ. b17$i/R.n1~ as
Corporate
Representative
of
~f)I't.{ V I ii!:TR Dfl-CI, l t.t.. ' hereinafter "Grantee", hereby make, constitute, and appoint
f
THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact fur Grantee and
in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the
power to initiate, maintain, and complete a voluntary petition for annexation of the real property
described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY
OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish
annexation by any available means. The real property which is the subject of this power is
descnbed as follows:
PCN No.: DO - If 3 - '-15', O~- <9 t::t - 0 o'Z? - I 7 fe, p
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 3 D day of
oCroi3EFR.
,20122 and the powers and authority shall be irrevocable by Grantee.
Witnessed:
y~ o,OL-
Sig;;ur
Jlt-f' ;.." 1<-- J. ~H~
(Print Name)
Q (Ij~;f'f~(~~
Signature
-~
~it?a~~
~ce A-,~~
.
Printed Owner Name
STATE OF FLORIDA )
COUNlY OF PALM BEACH )
Q The fOf{rOing )rrevocable Power of Attorney wa~kno'fle
~ day of ()~ , 2005 by ~ CULL L
who _ is personally known to me or wh as produced ::If-
identification, and who did/did not take an oath.
My Commission Expires:
~ H VI ro ~(J'Ju OJ J
Notary Public ~
State of Florida
Co-ml H vnCl.VLcJlt~
~"~
\'1)
OIif\.~'
Notary P b"""
C U Ie Stale of Florida
Bral A Mahoney
My Commission DD4604
Expires 08/1012009 14
Location 1162 Highview Rd
2460 245m440 2420
~PEAKJID__.._
2380
2360
2340 2330
'0 1890 1900 1920 1931 195 96019701980199mOOO 2010
18501840183018201810 1791
)008500840 0821 0810 0791
1780 1771750174017301720 1710
0771 0760 0750 0730 07200710
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o 1180
0950
0980 0991 10101020 1030
1160 1141 1130 1120 1100 1090 1061
1050
S RID--.GE.RD
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s
Although every reasonable effort has been made
to ensure the accuracy of the public Information,
data and graphic representations, the City of
Boynton Beach cannot be responsible for
E consequesnces resulting from any omissions or
errors containced herein. The city of Boynton
Beach assumes no liability whatsoever associated
with the use or misuse of this data,
Railroads
Tax Parcels 2005
LOT Labels
Tax Parcels 2003
LOT Labels
Sewer Lines
I' Water Mains (Manatee Bay)
Street Centerlines
STREET Labels
Streets (Manatee Bay)
hydranCequipmentprjSP _Proje
TRSgrid
Water
!:' Utility Service Area
o
0;
VI.-CONSENT AGENDA
ITEM C.4.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
IS] December 18, 2007 December 3, 2007 (Noon) D February 19, 2008 February 4, 2008 (Noon)
D January 2, 2008 December 17, 2007 (Noon) D March 4, 2008 February 19,2008 (Noon)
D January 15, 2008 December 31, 2007 (Noon) D March 18, 2008 March 3, 2008 (Noon)
D February 5, 2008 January 14,2008 (Noon) D April I, 2008 March 17,2008 (Noon)
NA TURE OF
AGENDA ITEM
D Announcements/Presentations
D Administrative
D Consent Agenda
D Code Compliance & Legal Settlements
D Public Hearing
D City Manager's Report
D New Business
D Legal
D Un[mished Business
D
RECOMMENDATION:
Motion to approve and authorize the execution of a Resolution for Amendment No. 1 to Task
Order U07-10-0S, Kimley-Horn and Associates, Inc. (Kimley-Horn) in the amount of $60,133.12.
Amendment No. 1 provides for the completion of construction documents, permitting, bidding,
and construction phase services.
EXPLANATION:
.-
'i
As part of the Boynton Town Centre Project, it was determined that the Developer (The Se~ler '(
Company) must make roadway improvements to Old Boynton Road between Congress A.:v~nue);~
and Boynton Beach Boulevard. As a result of these improvements, it was determined that ~ater' ,'i~
main and force main utilities will have to be relocated and/or abandoned in place as part of the'
proposed improvements. Palm Beach County owns Old Boynton Road and would like the €ity t-6i
perform any utility work before or in conjunction with the roadwork to avoid impact to tJH;, n~~~
roadway. a . ,.,
\D '>
(-)
.' ,-
Under Task Order U07-10-0S, Kimley-Horn developed 20% design plans for the required utility--
relocations. The 20% plans were used by the Developer to solicit bids from three contractors, and
the City used Kimley-Horn's conceptual opinion of probable construction cost to budget for the
project.
PROGRAM IMPACT:
Amendment No.1 to Task Order U07-10-0S will provide the following professional services:
. Develop final construction documents (drawings and specifications).
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
· Prepare permit application packages to Palm Beach County Health Department (Water
and Sewer) and Palm Beach County Engineering (Right of Way Permit). Kimley-Horn will
also submit plans to Florida Power and Light, BellSouth, Comcast, and gas utilities for
coordination purposes.
· Assist with bidding services to include attending a prebid meeting and bid opening, review
bids received, and prepare a bid tabulation and memo to the City containing findings
during the review of the bids.
· Provide construction phase services during the duration of the construction. A 4 month
construction period is anticipated.
FISCAL IMPACT:
Funds are available in Utilities' accounts #404-5000-590-96-01 WTR098 and #403-5000-590-96-10
WTR130.
TASK ORDER COMMISSION ACCOUNT NUMBER AMOUNT
APPROVED
Task Order U07-10- May 2007 (approved 404-5000-590-96-01 WTR098 $20,947.00
05 by City Manager) 403-5000-590-96-10 WTR130
Amendment No.1 Proposed Approval 404-5000-590-96-01 WTR098 $60,133.12
December 18, 2007 403-5000-590-96-10 WTR130
TOTAL $81,080.12
AL TERNA TIVES:
Due to the required coordination with the Developer and Palm Beach County, there is no other
alternative at this e.
.I
,~
~
...~~~~
Kofi Boateng,
Utilities Director
Utilities Department
Department Name
U~,
Kurt Bressner,
City Manager ~
~--
orney / Finance / Human Resources
Attachment: Three (3) Original Task Order Amendments
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
bc: Kofi Boateng, Utilities Director
Pete Mazzella, Deputy Utilities Director
Michael Low, Deputy Utilities Director
~hris Roschek, Manager, Engineering Division
Barb Conboy, Manager, Utilities AdministrationlFinance
Procurement Services
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. R07-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND APPROVING
EXECUTION AMENDMENT NO.1 TO TASK ORDER
NO. U07-10-05 IN THE AMOUNT OF $60,133.12 TO
KlMLEY-HORN AND ASSOCIATES, INC, FOR THE
COMPLETION OF CONSTRUCTION DOCUMENTS,
PERMITTING, BIDDING, AND CONSTRUCTION
PHASE SERVICES FOR OLD BOYNTON ROAD
UTILITY IMPROVEMENTS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in May, 2007, the City Manager approved Task Order U07-1 0-05 in the
amount of$20,947.00; and
WHEREAS, Amendment No. 1 to Task Order U07-10-05 provides for the
completion of construction documents, permitting, bidding, and construction phase services
for Old Boynton Road utility improvements; and
WHEREAS, the City Commission of the City of Boynton Beach upon
recommendation of staff, deems it to be in the best interest of the citizens of the City of
Boynton Beach to approve and authorize execution of Amendment No. 1 to Task Order
#U07-1 0-05 in the amount of $60, 133.12 to Kimley-Hom and Associates, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida does
hereby approve and authorize the execution of Amendment No.1 to Task Order No. U07-1 0-
S:\CA\RESOlAgreementsITask . Change OrderslAmendment No.1 to Krmley Horn. Task Order U07.10-05,doc
05 in the amount of $60,133.12 to Kimley-Hom and Associates, Inc., for the completion of
construction documents, permitting, bidding and construction phase services for the Old
Boynton Road utility improvements, a copy of which is attached hereto as Exhibit "A".
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of December, 2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
II
I
I
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S:ICAIRESOlAgreementslTask - Change OrderslAmendment NO.1 to Kimley Horn - Task Order U07.10-05.doc
Amendment No. 1
Old Boynton Road Utility Improvements
Amendment No. 1
City of Boynton Beach
Old Boynton Road Utility Improvements
Engineering Consulting Services for Design and Construction
of Utility Relocations and Asbestos Watermain Replacement
within Old Boynton Road
A. Background
As part of the Boynton Town Centre Project, it was determined that the The Sembler
Company (DEVELOPER) must make improvements to Old Boynton Road between
Congress Avenue and Boynton Beach Blvd. As a result of these improvements, which
include drainage system modifications, it has been determined that water and forcemain
utilities will need to be relocated to support the proposed improvements. The City of
Boynton Beach (CITY) has evaluated the existing utilities in the area and determined that
the existing portions of asbestos cement watermain should be replaced in their entirety
along Old Boynton Road. However, it was further decided by the CITY that the side
street water mains would not be replaced despite their materials of construction. The
DEVELOPER has retained Kimley-Horn and Associates, Inc. (KHA) to provide
engineering design services for the reconstruction of Old Boynton Road from Congress
. Avenue to Boynton Beach Boulevard. Palm Beach County owns Old Boynton Road and
would like the CITY to -perform any utility work before or in conjunction with the
roadwork to avoid impacts to the new roadway.
KHA was previously authorized by the CITY under Task Order U07 -10-05 to prepare
20% design plans for the utility relocations that were to be used by the DEVELOPER to
solicit bids from contractors so that the CITY could appropriately budget for the project.
Bids have been received and the CITY has now asked that KHA prepare a proposal for
the final design, permitting, and construction phase of the project.
We understand that the limits of the project will remain from Congress Avenue, east over
the E-4 canal, to the entrance into the Casablanca development as shown in the 20%
design. The aerial crossing of the 6-inch watermain and gas main will be performed
under a separate agreement with the DEVELOPER and is therefore not included in this
proposal. All other assumptions from the original Task Order U07 -10-05 remain valid.
Should it be determined by the CITY that the 16" forcemain that was previously assumed
to be abandoned needs to stay in service, the design will need to be revised and a separate
scope of services and fee will need to be developed to address these revisions.
Amendment No. 1
Old Boynton Road Utility Improvements
At this time, we understand that the CITY has not decided exactly which procurement
method will be used for this project. For the purposes ofthis proposal it has been
assumed that the project will be bid by traditional public advertisement by the CITY.
B. Scope of Services
Task 1 - 90% Construction Documents
Based on the alignment of the water line and utility relocation designs presented in the
20% design, KHA will prepare 90% construction documents for review and approval by
the CITY. The plans will consist of a cover sheet, plan-profile sheets, and the CITY
standard utility detail sheets. The water main, and utility relocations to the extent
feasible, will be plotted on working drainage structure cross section sheets
(approximately 30 sheets) indicating the relationship between the proposed water main,
relocated utilities, existing utilities and the proposed drainage system of the roadway to
investigate potential conflicts. These working drawings will be used for design purposes
only and will not be included within the construction plans.
KHA will submit five (5) sets of90% construction documents for review. KHA will
attend one meeting with CITY staff to discuss their comments after the documents are
submitted for review. KHA will attend a pre-application meeting with Palm Beach
County to receive their input on the alignment of the proposed water main and utility
relocations.
KHA will provide one updated preliminary opinion of probable construction cost to
construct the improvements. KHA will prepare technical specifications to be used in
conjunction with the drawings. It is assumed that the CITY will provide their standard
front end (Division 1) documents. This task includes one field visit to verify various
elements of the design.
The scope of this project does not include any special design or plans to remove the
asbestos water main or forcemain. Any removal will only be referred to by a note on the
plans.
Task 2 - Final Construction Documents
After the CITY's review and acceptance of the 90% construction documents, KHA will
complete the construction documents for submittal to permitting agencies and the CITY.
KHA will submit ten (10) sets of construction documents for use by the CITY. KHA will
also finalize the opinion of probable construction costs for use by the CITY. This task
includes a maximum of one meeting.
Task 3 - Permit Application Preparation
KHA will prepare permit applications packages for signature by the CITY and submittal
to following agencies.
Amendment No. 1
Old Boynton Road Utility Improvements
A. Palm Beach County Public Health Unit (Water and Sewer).
B. Palm Beach County Engineering (Right of Way Permit).
C. We will submit plans to Florida Power and Light Company, BellSouth, CATV, and
gas utilities for coordination purposes.
During the permitting review phase ofthe project, we will follow up with the above
review agencies and provide responses to reasonable requests for additional information.
It is anticipated that application fees for the project will be approximately $545. These
fees are included in this task. Fees due to Palm Beach County upon issuance of a Utility
Permit are not included within this proposal as they are calculated by the County during
the review period. These fees shall be paid for directly by the CITY.
It is assumed that the CITY's review ofthe project will have occurred in previous tasks
and no additional comments will be generated by the CITY after the completion of Task
2. Any permits required for the aerial crossing will be applied for under a separate
agreement and are therefore not included in this proposal.
Task 4 - Bid Phase
KHA will attend a prebid meeting and bid opening, review bids received, and prepare a
bid tabulation and memorandum to the CITY containing findings during review of the
bids. KHA also will prepare bid addenda, if required. KHA will reproduce and
distribute up to 15 copies of the bid documents to prospective bidders and construction
reporting services and maintain a planholder's list.
Task 5 -Construction Phase
During the construction phase of the site improvements, we will provide the scope of
services outlined below as required to certify the project's completion to the various
regulatory agencies. We believe this level of service to be the minimum necessary to
obtain the necessary information to prepare certifications.
· Attendance at the Pre-Construction Conference
· Review shop drawings for on and off site improvements
· Respond to Contractor generated Requests for Information (RFI' s)
· Visits to site and observation of construction. KHA will visit the site
approximately twice per week during the expected 4 month construction duration
depending on the level of construction activity (up to 35 total visits). Field reports
will be generated and provided to the CITY as necessary for specific site reviews.
· Perform a substantial completion walk through of the project and develop a punch
list for the contractor.
· Perform a final completion walk through of the project.
Amendment No. 1
Old Boynton Road Utility Improvements
. Observation of pressure testing. It is assumed that approximately six (6) pressure
tests will be performed as segments of the various lines are constructed.
. Prepare record drawings of water and sewer utilities as required for certification to
applicable agencies. Our record drawing information will be based upon "as-
builts" (meeting all local jurisdictional requirements) provided by the Contractor's
registered Florida Surveyor during and after completion of construction.
. Review bacteriological testing reports and prepare the appropriate FDEP
certifications for water and sewer.
It is assumed that the CITY will perform any other construction management and
administration roles including, but not limited to, payment application review, change
order review, and attendance at regular progress meetings. Design changes made by
CITY or contractor during construction that require engineering services will be provided
as additional services.
Observations are to be limited to spot checking, selective measurement, and similar
methods of general observation of the Work based on KHA's exercise of professional
judgment. Based on information obtained during such visits and such observations, KHA
will determine if Contractor's work is generally proceeding in accordance with the
Contract Documents, and KHA shall keep CITY informed of the general progress of the
Work.
The purpose of KHA's visits to the site will be to enable KHA to better carry out the
duties and responsibilities assigned in this Agreement to KHA during the construction
phase by CITY, and, in addition, by the exercise of KHA's efforts, to provide CITY a
greater degree of confidence that the completed Work will conform in general to the
Contract Documents and that the integrity of the design concept of the completed Project
as a functioning whole as indicated in the Contract Documents has been implemented and
preserved by Contractor. KHA shall not, during such visits or as a result of such
observations of Contractor's work in progress, supervise, direct, or have control over
Contractor's work, nor shall KHA have authority over or responsibility for the means,
methods, techniques, equipment choice and usage, sequences, schedules, or procedures of
construction selected by Contractor, for safety precautions and programs incident to
Contractor's work, nor for any failure of Contractor to comply with laws and regulations
applicable to Contractor's furnishing and performing the Work. Accordingly, K.HA
neither guarantees the performance of any Contractor nor assumes responsibility for any
Contractor's failure to furnish and perform its work in accordance with the Contract
Documents.
KHA shall have no responsibility for any contractor's means, methods, techniques,
equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor
shall KHA have any authority or responsibility to stop or direct the work of any
contractor. KHA's visits will be for the purpose of endeavoring to provide the CITY a
greater degree of confidence that the completed work of its contractors will generally
Amendment NO.1
Old Boynton Road Utility Improvements
conform to the construction documents prepared by KHA. KHA neither guarantees the
performance of contractors, nor assumes responsibility for any contractor's failure to
perform its work in accordance with contract documents. KHA is not responsible for any
duties assigned to the design professional in the construction contract that are not
expressly provided for in this Agreement. The CITY agrees that each contract with any
contractor shall state that the contractor shall be solely responsible for job site safety and
for its means and methods; that the contractor shall indemnify the CITY and KHA for all
claims and liability arising out of job site accidents; and that the CITY and the Consultant
shall be made additional insureds under the contractor's general liability insurance policy.
C. Assumptions
1. KHA assumes that we can reuse and modify as appropriate CITY technical
specifications and design details.
2. KHA assumes that the CITY will communicate any construction cost estimates to
prospective bidders and/or construction reporting services or direct KHA to
divulge this information if the CITY deems it appropriate to make this information
available.
3. KHA assumes that the CITY will prepare the front-end documents and Request
for Bids, advertise the bid, and schedule the prebid meeting and bid opening.
4. KHA assumes that we can rely on the accuracy of information provided by the
CITY during the Project.
5. KHA assumes that the existing roadway survey and CADD base files will be
reused to develop the utility replacement and relocation drawings.
D. Contract Reference
This Amendment shall be performed under the terms and conditions described within the
Agreement for General Engineering Consulting Services (Resolution #R06-050) dated
February 21,2006 between the City of Boynton Beach and Kimley-Hom and Associates,
Inc.
E. Additional Services
KHA believes the proposed scope of services to be generally inclusive of the required
tasks. However, KHA will provide additional services at the request of the CITY and
upon receipt of written authorization to proceed. KHA also will provide additional
services that arise due to unforeseen circumstances with prior written authorization from
the CITY. Additional services will be performed at the previously approved hourly rates
contained within the referenced Agreement between KHA and the CITY.
F. Obligations of the City
1. The CITY will designate representative(s) to serve as point(s) of communication
with the KHA.
Amendment No. 1
Old Boynton Road Utility Improvements
2. The CITY will prepare the final bid and contract documents, award and negotiate
the contract with the successful bidder, and render final decisions regarding
acceptance of the Contractor's work.
3. The CITY will pay all permit application fees other than what has already been
included in this proposal.
G. Deliverables
KHA will prepare the following deliverables for submission to the CITY's Engineering
Division Manager. Any drawings submitted as final deliverables will be II" x 17". CDs
containing electronic versions also will be submitted.
Deliverable 1 - 90% Drawings
Deliverable 2 - Final Construction Documents
Deliverable 3 - Bid Review Memorandum
Deliverable 4 - Construction Phase Records
H. Compensation
Compensation by the CITY to the KHA for all tasks will be on a time and materials basis
in accordance with the above mentioned Agreement. The estimated compensation for the
services described in this Amendment No.1 is $60,133.12 as shown in Table 1. KHA
will not exceed Task budgets without prior written authorization.
Table 1: Labor and Expense Summary
OLD BOYNTON ROAD UTILITY IMPROVEMENTS
Labor Labor Expenses Total Cost
Hours Cost
Task 1 - 90% Construction 167 $15,555 $2,634.97 $18,189.97
Documents
Task 2 - Final Construction 67 $6,205 $1,087.99 $7,292.99
Documents
Task 3 - Permit Application 62 $5,510 $1,317.34 $6,827.34
Preparation
Task 4 - Bid Phase 35 $3,550 $207.68 $3,757.68
Task 5 - Construction Phase 244 $22,310 $1755.14 $24,065.14
Totals 575 $53,130 $7,003.12 $60,133.12
Amendment NO.1
Old Boynton Road Utility Improvements
I. Schedule
The KHA will commence design services upon receipt of written authorization and
anticipates completion of all work associated with Tasks 1 through 5 of this Amendment
No.1 in accordance with Table 2 below.
Table 2: Project Schedule
OLD BOYNTON ROAD UTILITY IMPROVEMENTS
Task Schedule
Task 1 - 90% Construction Four (4) weeks after Notice to Proceed !
Documents
Task 2 - Final Construction Two (2) weeks after meeting with CITY to receive
Documents comments I
I
Task 3 - Permit Application 14 days after completion of Task 2
Preparation
Task 4 - Bid Phase Concurrent with CITY Schedule
I
Task 5 - Construction Phase Dependent on CITY defined bid schedule and I
Contractor performance
Amendment No. 1
Old Boynton Road Utility Improvements
DATED this
day of
,2007.
CITY OF BOYNTON BEACH
KIMLEY-HORN AND ASSOCIATES, INC.
Kurt Bressner, City Manager
Frederick . Schwartz, P.
Sr. Vice President
Attest! Authenticated:
City Clerk
(Corporate Seal)
Approved as to Form:
Attest! Authenticated:
Secretary
Office of the City Attorney
Amendment NO.1
Old Boynton Road Utility Improvements
A TT ACHMENT 1
ESTIMATE FOR ENGlNEERlNG SERVICES PHASE 1
H:IGeneraflSchanenlProposalslOld Boynton RoadlTask Order No, U07.1 0-05 Amendment No,1.doc
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VI.-CONSENT AGENDA
ITEM C.S
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[8J December 18, 2007 December 3,2007 (Noon) 0 February 19,2008 February 4, 2008 (Noon)
0 Janual)' 2, 2008 December 17,2007 (Noon) 0 March 4, 2008 February 19, 2008 (Noon)
0 January 15, 2008 December 31,2007 (Noon) 0 March 18, 2008 March 3,2008 (Noon)
0 February 5, 2008 January 14,2008 (Noon) 0 April 1,2008 March 17,2008 (Noon)
NATURE OF
AGENDA ITEM
o
o
o
o
o
An n 0 u n cements/Presentations
Administrative
Consent Agenda
o
[8J
o
o
o
City Manager's Report
New Business
c::J
1'''1
C)
I
RECOMMENDATION: Discussion regarding adopting a Travel Policy for the Boynton Beach City CommiSSion
similar to a recently adopted policy for the CRA Board. ::'
Code Compliance & Legal Settlements
Public Hearing
Legal
Unfinished Business
C~)
EXPLANATION: The adopted City Budget appropriates funds for City Commission members to attend oui:'~ftown
Business Meetings and Conferences associated with being a municipal elected public official. These funds arC::JIseq to'
cover costs for registration, hotel accommodations, travel expenses and meals. The attached draft policy and
resolution would provide for an administrative process by which each member of the Commission would obtain
concurrence of a majority of the members of the City Commission for approval of the expenditures.
PROGRAM IMPACT: Adoption ofa Travel Policy would transfer approval of expenditures for Business Meetings
and Conferences for Commission members to the City Commission collectively.
FISCAL IMPACT: N/A
AL TERNA TIVES: Not to allow discussion of adopting a Travel Policy for the City Commission, and Commission
members will continue to attend Business Meetings and Conferences at their discretion.
~
City Manager's Signature
CM/
ent Head's Signature
Y4 ~S- ()#fw
epartment Name
~istant to City Manager
'~~ -
City Attorney / Finance
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
1
2
RESOLUTION NO. R 07 -
3
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
ESTABLISHING A TRAVEL POLICY; RESCINDING
ALL PREVIOUS RESOLUTIONS AND POLICIES
GOVERNING TRAVEL BY THE CITY COMMISSION;
AND PROVIDING AN EFFECTIVE DATE.
4
5
6
7
8
9
10
WHEREAS, the City Commission of the City of Boynton Beach desires to establish
11
a travel policy to provide for an administrative process by which each member of the
12
Commission would obtain concurrence of a majority of the members of the City Commission
13
for approval of travel expenditures; and
14
WHEREAS, passage of this Resolution will rescind all previous Resolutions and
15
I policies governing travel by the City Commission;
. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
16
17
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
18
Section 1.
The foregoing "WHEREAS" clauses are true and correct and
19 hereby ratified and confirmed by the City Commission
20
Section 2.
That the City Commission of the City of Boynton Beach does hereby
21 establish a Travel Policy, a copy of which is attached hereto as Exhibit "A".
22
Section 3.
That any and all previous Resolutions and/or Policies governing travel
23 are rescinded.
24
Section 4.
That this Resolution will become effective immediately upon passage.
S:\CA \RESO\Commission Travel Policy.doc
12/3/07
1 PASSED AND ADOPTED this _ day of December, 2007.
2
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6 Mayor - Jerry Taylor
7
8
9 Vice Mayor - Jose Rodriguez
10
11
12 Commissioner - Ronald Weiland
13
14
15 Commissioner - Woodrow L. Hay
16
17
18 Commissioner - Marlene Ross
19 ATTEST:
20
21
22
23 Janet M. Prainito, CMC
24 City Clerk
25
26
27
28 (Corporate Seal)
29
30
S:\CA \RESO\Commission Travel Policy.doc
12/3/07
City of Boynton Beach
City Commission
TRAVEL POLICY
Approved travel must adhere to the following guidelines in order to be paid by the City of Boynton
Beach:
A. Prior to Travel:
1. Complete Conference & Travel Request form and submit for approval.
2. All travel by City Commission Members must be approved in advance by the City
Commission.
B. Registration:
1. Complete conference registration forms.
2. Submit conference form for payment in advance if necessary.
3. Attach a copy of the registration form with the request for payment to Finance
department.
4. Request per diem fee in advance (subtract all conference meals covered by registration fee).
C. Upon completion of Travel:
1. Complete the Travel Expense Report for out-of-pocket expenses.
2. Attach all credit card receipts and other receipts to the expense report for payment or
reimbursement.
3. Failure to include credit card receipts will be charged to the member personally,
D. Travel Approvals:
. City Commission Members travel shall be approved in advance by the City Commission at a regularly
scheduled meeting
. The City Finance Director must sign off on travel form to confirm funds availability in the budget
. The City Manager must sign off prior to City Commission Agenda submittal
. Travel expenses are only reimbursable with receipts and are not automatic.
. No PERSONAL items may be charged to the Agency.
E. Travel Restrictions:
. Per Diem payments shall be paid ONL Y for class "A" travel, or travel outside the local area Local
area is defined as 50 miles or more from the Boynton Beach City Hall.
. Mileage reimbursement rate is $.485 per mile per IRS and City.
. If a spouse is to attend all related expenses shall be paid by the employee, and all receipts MUST
be separate. The City WILL NOT pay for any spouse or child costs associated with any conference
All such costs will be paid by the member separately.
. Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be
considered cost of the Commission Member and not the City. Meal.rates are $12.00 breakfast
$15.00 lunch and $30.00 dinner.
City of Boynton Beach
City Commission
CONFE:.RENc'E;;&!ln~A\lEl]fREdtJ~ST
Date of Request:
2008
City Commission Member Attending:
Conference Name:
Conference Location:
Conference Purpose:
Account to Charge:
Dates of Travel & Attendance:
to
2008
Cost of Conference: $
Cost of Travel: $
Cost of Lodging: $
Cost of Car Rental: $
Cost of Per Diem: $
----------------
----------------
TOTAL
Approved by Finance Director:
Date
Approved by City Manager:
Date
NOTE: City Commission travel requests must be approved in advance at
a regularly scheduled meeting of the City Commission.
Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of
the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner.
Please submit a conference agenda with this request. Please subtract all meals provided for bv conference
attendance fee.
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VI.-CONSENT AGENDA
ITEM D.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[8J December 18, 2007 December 3, 2007 (Noon) 0 February 19,2008 February 4, 2008 (Noon)
0 January 2, 2008 December 17,2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon)
0 January 15,2008 December 31, 2007 (Noon) 0 March 18,2008 March 3,2008 (Noon)
0 February 5, 2008 January 14,2008 (Noon) 0 April I, 2008 March 17,2008 (Noon)
..-~.J
..,.~-!
Ul
~ .
RECOMMENDATION: Motion to approve the "PENINSULA, A IPUD" Record Plat, conditioned on the approval being :~
the certification of the plat documents by H. David Kelley, Ir., (City Engineer and Survey and Mapper).
Administrative
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
o
o
o
o
o
City Manager's Report
New Business
C:J
NATURE OF
AGENDA ITEM
o
o
[8J
o
o
N
(J\
,.,'''\
:..J
Announcements/Presentations
.,:.~
Legal
Unfinished Business
-:J
C..,l)
EXPLANATION: The record plat review for this project corrunenced on August 1,2007, to which the third and fmal
review was completed on October 15, 2007. Some plat preparation changes not withstanding, staff now recorrunends 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 in the process of developing that in-fill parcel along the east side ofFederal Highway near OUT border with the
Village of Hypoluxo. The record plat preparer has stated that all minor changes necessary to this instrument are in
compliance with those corrunents noted in the last review letter.
PROGRAM IMPACT: Certificate of Occupancy's on existing units under construction will be delayed; the proposed
development completion will continue to be hindered until the proposed record plat (and fmal construction plans) have
reviewed technical compliance to the Land Development Regulations. The Land Development Permit (LDP) cannot be
issued until the proposed record plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County,
Florida. Final construction permitting corrunences after the issuance of the LDP.
FISCAL IMPACT: None
ALTERNATIVES: The proposed completion of the development will be held in abeyance until the proposed record plat is
received in acceptable form, and the final construction plans have been approved for permitting.
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Department Head's Signature
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Assistant to City Manager
UwL~
Public Works / Engineering Division
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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VI.-CONSENT AGENDA
ITEM F.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
~ December 18, 2007 December 3, 2007 (Noon) 0 February 19,2008 February 4, 2008 (Noon)
0 January 2. 2008 December 17,2007 (Noon) 0 March 4, 2008 February 19, 2008 (Noon)
0 January 15, 2008 December 31, 2007 (Noon) 0 March J 8, 2008 March 3, 2008 (Noon)
0 February 5, 2008 January 14,2008 (Noon) 0 April 1, 2008 March 17, 2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA TION: To rename Wilson Pool in honor of Mr. John Denson.
EXPLANATION: Prior to changing the naming City facilities policy to its current version, the Recreation
& Parks Advisory Board received a nomination to the name the pool in honor of Mr. Denson. The
original policy called for the Recreation & Parks Advisory Board to be responsible for recommending to
the City Commission the naming or renaming of all public parks and facilities in the City subject to the
approval of the City Commission.
The Recreation & Parks Advisory Board accepted a nomination (exhibit "A") to name Wilson Pool in
honor of Mr. Denson. Resolution No. R03-051 authorized and approved guidelines for the Recreation
and Parks Advisory Board to accept nominations, review and forward a recommendation to the
Commission for consideration of proposals to name parks, recreation areas, buildings, open spaces and
other public facilities owned by the City. These guidelines formulated a policy (Administrative Policy
Manual policy #07.03.02) that assisted the Commission when considering such proposals. In summary,
the original policy stated:
. The Advisory Board is responsible for recommending to the Commission the naming or renaming of
facilities subject to the approval of the City Commission.
. A written nomination for the facility name shall be submitted along with justification to the Advisory
Board.
. The Advisory Board shall review the names or renames to ensure that they create a sense of
individual identity, a sense of community and a sense of pride.
. The nomination of qualifying names shall be introduced at a regularly scheduled Advisory Board
meeting. Citizen comments and recommendations must be submitted in writing to the Chairperson
of the Parks and Recreation Board no later than 30 days after the meeting at which the nominations
are introduced.
. The Commission shall approve by resolution the name recommended by the Advisory Board.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
The Recreation & Parks Advisory Board received the nomination at their April 24, 2006 meeting
(exhibit "B''). At their meeting on May 22, 2006 (exhibit "C"), the Board reviewed, considered, and
subsequently unanimously approved the nomination.
PROGRAM IMP ACT: The naming of City facilities policies was changed to its original version in
September 2006. The timing of the change created some confusion and caused a delay in forwarding the
recommendation to the Commission. However, despite the policy change, staff felt it was appropriate to
forward the Advisory Board's recommendation to the Commission since the merit of the nomination is
consistent with the criteria established as part of the new policy. This delay will not negatively impact
the completion of this task.
FISCAL IMPACT: None, "Denson Pool" will be added to the park sign, which as yet to be ordered.
AL TERNA TIVES: Do not accept the Recreation & Parks Advisory Board recommendation.
'1
_/_-~- ,j }
~___n___ ~Mn;1l~
Department Head's Signature City Manager's Signature
/I /AAA ~'
Assistant to City Manager ~~~
Recreation & Parks
Department Name
City Attorney! Finance
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC
Exhibit nAn
The City of Boynton Beach
(f(;?,
Q \ "'\( ()
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.i-I',""'~~_, .. '~0<:-/
. .' ]'0 N
OFFICE OF THE CITY COMMISSION
Mayor Gerald Taylor
Wce Mayor Carl McKoy
Commissioner Muir C Ferguson
Commissioner Mack McCray
Commissioner Bob Ensler
100 E. Boynton Beach Boulevard
P.D. Box 310
Boynton Beach, Rorida 33425-0310
City Manager's Office: (561) 742-6010
FAX: (561) 742-6011
WWW.boynton-beach.org
March 29, 2006
Recreation & Parks Advisory Board
City of Boynton Beach
Dear Advisory Board:
John Denson was a lifeguard at WIllS 1111 since the day this facility opened more than
forty years ago. Until the time he retired a few years ago, he taught swimming lessons to
hundreds of children in our community spanning several generations. With this in mind, I
nominate that the new pool being constructed as part of the Wilson Project be named in
honor of Mr. Denson,
Sincerely,
Meeting Minutes
Recreation & Parks Board
Boynton Beach, Florida
Exhibit "n"
April 24, 2006
- --------------------------- --_._~--_._---_..-..-~.---_._--_._.__..---_._---_.-
Mr. Majors indicated this was the second meeting at which the naming was considered.
Mr. Orlove asked if the neighborhood was in agreement with the plans for the park. Ms. Hetzel
said, absolutely. Mr. Majors praised Mr. Weiner, the developer, and his staff and Ms. Rivers for
this great example of a private/public partnership, one that created something with very low
impact on the taxpayers. He hoped this could be done many more times in the future.
Mr. Orlove hoped it would be possible to acknowledge the history of the park grounds, referring
to its having been an orange grove for 50+ years. Mr. Weiner thought they could find a way to
at least have a sign that included some history of the area. The members looked back with
nostalgia at all that Knollwood Groves had meant to them personally.
Motion
Ms. Betty Thomas moved to name the Nautica Park site Knollwood Park. Chair Pierce-Roe
seconded the motion that passed 7-0.
Mr. Orlove suggested this would be a good place to install some art in keeping with the City's
Art in Public Places policy. Mr. Majors believed it was time to get the Arts Commission and
Recreation & Parks boards together for a dialogue on this and other initiatives.
Mr. Majors related that Veterans Park just east of the railroad tracks on Ocean Avenue was
under consideration for a veteran's memorial, pursuant to the board's earlier discussion.
B. Nomination for Naming Reconstructed Wilson Pool after John Denson (former
Lifeguard at Wilson Pool)
In keeping with the naming policy, this meeting is the first of two occasions on which the item
is presented for discussion.
Mr. Majors commented that Commissioner Mack McCray had nominated Mr. Denson, the
original lifeguard at Wilson Pool. Mr. Denson had taught three or four generations of children in
the northeast quadrant of the City to swim and was, at the very least, an icon in that
community.
C. Mission Statement
We exist to engage Boynton Beach citizens in diverse recreational experiences
and to cultivate parks and open spaces.
Mr, Majors indicated this was something that had to be done for the accreditation effort now
underway. He sought the board's endorsement of the mission statement.
Motion
Chair Pierce-Roe moved to endorse the mission statement, "We exist to engage Boynton Beach
citizens in diverse recreational experiences and to cultivate parks and open spaces." Mr. Orlove
seconded the motion that passed unanimously.
3
Meeting Minutes
Recreation & Park Board
Boynton Beach, Florida
Exhibit "e"
May 22, 2006
~ This was a 13-14 acre undeveloped park site having lots of problems at present with dumping,
homeless visitors, ATVs and noise. In terms of the Capital Improvement Program, this park
was not even on the radar, but D. R. Horton's assistance would definitely help to develop this
park. D. R. Horton also said Quantum Development needed more drainage capacity. The City
could actually sell the drainage capacity to them to get money to make further improvements to
the park and it would be an ongoing revenue stream,
If D, R, Horton finished this work by next year, Vice Chair Orlove asked if they could put some
money towards it, Ms, Rivers commented the City was struggling at present with the cost
overruns on the new library and the new Wilson Center, but there were other ways to get
things done, They could probably get a volunteer group from the Sierra Club to come do the
trails, for example There were also the Boy Scouts, the Audubon Society, and possible
mitigation funds from developers for trees they had to tear down in order to build, Ms. Rivers
noted developers often came to the Parks Department to ask where they could put the trees
they had to remove, and the City had no place to put them. Those trees could be used for
reforestation at this site, When Vice Chair Orlove commented any improvements would have to
be maintained, Ms, Rivers responded they would go in with Bahia grass and contract out a mow
and blow.
The board was very pleased to hear about D.R. Horton's offer and looked forward to further
developments,
A. Nomination for Naming Nautica Park Site Knollwood Park
Mr. Rivers announced this had been discussed at the previous meeting, but exactly 30 days had
not elapsed, as required by policy. A motion could be made that in two days, the board would
approve naming Nautica Park Knollwood Park.
Motion
Vice Chair Orlove moved that the board would name the Nautica Park Site Knollwood Park in
lieu of the two days more for the deadline to expire. Ms. Hammer seconded the motion that
passed unanimously,
B, Nomination for Naming Reconstructed Wilson Pool after John Denson, Former
Lifeguard at Wilson Pool)
Chair Pierce-Roe indicated the board had received a letter of recommendation from
Commissioner McCray to name the Wilson Pool after John Denson. Vice Chair Orlove asked if
any further community support should be sought for this. Mr. Williams said Mr. Denson had
been at the Pool for about 40 years and had taught a lot of children how to swim. He believed
the community would definitely support this naming,
Motion
Mr. Williams moved to support naming the new Wilson Pool after John Denson in lieu of the two
days more for the deadline to expire. Ms. Hammer seconded the motion that passed
unanimously,
3
VI.-CONSENT AGENDA
ITEM G.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office
X December 18. 2007 December 3. 2007 (Noon) D February 19. 2008 February 4, 2008 (Noon)
D January 2. 2008 December 17.2007 (Noon) D March 4, 2008 February 19,2008 (Noon)
D January 15.2008 December 31.2007 (Noon) D March 18. 2008 March 3, 2008 (Noon)
D \
D February 5, 2008 January 14. 2008 (Noon) April 1,2008 March 17,2008 (Noon)
D Ann ouncemen ts/Presentati ons D City Manager's Report
NA TURE OF D Administrative D New Business
AGENDA ITEM X Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDA TION: Adopt a Motion authorizing the City Administration to proceed with taking all actions
necessary to prepare for the implementation of the fire services special assessment for fiscal year 2008-09 and
beyond in the event the City Commission ultimately determines to levy such assessment during the budget review
and adoption process for the next fiscal year.
EXPLANA TION: This is a requirement that would give us the authority to proceed with the intent resolution,
obtain proposals for the special assessment study, review the current ordinances for possible
amendments/enactments, and other related actions so that the City Commission can keep alive the option for
levying the special assessment and be able to make the decision at the appropriate time in 2008.
Per Section 197.3632, Florida Statutes, the City must hold a public hearing and adopt a resolution of intent to use
the uniform method of collection for any assessment program in the calendar year prior to any such collection.
The City will miss the deadline of January 1, 2008 to adopt the resolution due to specific advertising requirements
for four weeks prior to the adoption hearing. The statute does provide for an extension of the adoption deadline to
March 1, 2008 however, it must be agreed to by the Palm Beach County Tax Collector and the Palm Beach
County Property Appraiser. The City has received the necessary approval letters.
The City must publish a Notice of Intent To Use Uniform Method of Collecting Non-Ad Valorem Assessments.
This notice must be published once a week for four consecutive weeks immediately prior to the scheduled public
hearing. We have tentatively scheduled the public hearing for Tuesday, February 5, 2008.
PROGRAM IMPACT: This motion will allow the Commission the option of exploring the special assessment issue
within the upcoming fiscal year and beyond, and will ensure compliance with all mandatory timeline requirements.
FISCAL IMPACT: Failure to approve this motion may result in the loss of future assessment revenue.
ALTERNATIVES: Do not approve this motion, which will effectively clos the door on fire assessment
implementation during the n t fiscal year.
Assistant to City Manager ~
City Attorney I Finance
Department Name
S:\BULLETINIFORMSIAGLNDA ITEM REQUEST FORM DOC
VIII.-PUBLIC HEARING
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
[:8J December 18, 2007 December 3,2007 (Noon) D
D January 2, 2008 December 17,2007 (Noon) D
D January 15,2008 December 31, 2007 (Noon) D
D February 5, 2008 January 14,2008 (Noon) D
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
February 19,2008 February 4,2008 (Noon)
March 4, 2008 February 19, 2008 (Noon)
March 18,2008 March 3, 2008 (Noon)
April I, 2008 March 17,2008 (Noon)
,~
''-_....1
-~J
-.<
NATURE OF
AGENDA ITEM
D
D
D
D
Administrative
D
D
D
D
[:8J Public Hearing D en
RECOMMENDATION: Please place this tabled request on the December 18,2007 City Commission A~da _ ,
under Public Hearing. The City Commission tabled this item a second time at its December 3rd meeting and directe<S.ltafft9~'
prepare a recommendation for the type ofberm/buffer necessary to provide adequate screening for the adjacent neighbors. :,!
Staff is prepared to recommend a typical buffer consisting of a two (2) to four (4) foot high berm wide enough for placement
of both the construction fence and a staggering row of trees spaced approximately 20 feet apart. Ho~ever, as described below,
staff must now coordinate with the property owner rather than the contract purchaser/developer. This coordination is
warranted particularly given the length of buffering needed, and the uncertainty of the project. For additional information
please see the description below and the accompanying staff report.
Announcements/Presenta tions
City Manager's Report
New Business
a
r.."
C)
'i
Consent Agenda
Legal
Unfinished Business
a
":J
~-~)
Code Compliance & Legal Settlements
~'11
EXPLANATION:
PROJECT: Cortina at Boynton Village (SPTE 07-010)
AGENT: Stephen Liller, K. Hovnanian Homes
OWNER: South Florida Devco, Inc.
LOCATION: Northeast comer of Old Boynton Road and Congress Avenue, just south of the SFWMD C-16 canal
DESCRIPTION: Request for a second one (1) year site plan time extension ofa site plan (NWSP 05-001) originally
approved on September 20, 2005 for 458 townhome units in the Boynton Village Development. This
second request would extend approval from September 20,2007 to September 20,2008.
Staff has recently learned that due to market conditions, the developer will not acquire the property and develop the project.
Staff has scheduled a meeting with representatives of the property owner with the intent to arrive at a mutually-acceptable
design solution, and to determine their plans for the property. Staffs [mdings, including a final buffer recommendation, will be
presented at the December 18th meeting.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
AL TERNA TIVES: Not approve the subject request or modify the additi dition as proposed by staff.
~
nt Department Director
City Manager's Signature
Assistant to City Manager
r>>t-
.....-.......
t._J
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Planning and Zoning D' or City Attorney I Finance
S:lPlanningISHAREDlWPIPROJECTS\8oynton V lage-Boynton Town Center t\8oynton Village Cortina NWSP 05-001\SPTE 07-0101Agenda Item Request 12-18-07.doc
S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME I
NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-103
STAFF REPORT
Chair and Members
Planning and Development Board and
Mayor and City Commission
Kathleen Zeitler (::2.-
Planner /1 / //
Michael W. RU~
Director of Planning and Zoning
October 16, 2007
Cortina at Boynton Village I SPTE 07-010
Site plan time extension for 458 fee-simple townhouse units and related
site improvements on a 30.29-acre parcel in the SMU Suburban Mixed-Use
zoning district.
Property Owner:
Applicant:
Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
PROJECT DESCRIPTION
South Florida Devco, Inc.
K. Hovnanian Homes
Mr. Steve Liller with K. Hovnanian Homes
Northeast corner of Old Boynton Road and Congress Avenue, just south of
the SFWMD C-16 canal (see Location Map - Exhibit "A")
Mixed Use Suburban (MX-S)
Suburban Mixed Use (SMU)
458 townhouse units
30.29-acres
Right-of-way for the SFWMD C-16 Canal, then farther north is developed
property with townhomes from Phase I of the Renaissance Commons
Master Plan with a Suburban Mixed Use (MX-S) land use classification,
zoned Suburban Mixed Use (SMU);
Staff Report - Cortina at Boynton Village (SPTE 07-010)
Memorandum No PZ 07-103
Page 2
South:
East:
West:
Right-of-way for Old Boynton Road, then farther south is developed
commercial property (Oakwood Shopping Center), with a Local Retail
Commercial (LRC) land use classification, zoned Community Commercial
(C-3);
Right-of-way of the LWOO E-4 Canal, then farther east is developed single
family residential (Sky Lake) with a Low Oensity Residential (LOR) land
use classification, zoned Single Family Residential (R-l-AA); and
Immediately west is the right-of-way for Renaissance Commons Boulevard
within the Boynton Village development. To the Northwest is Renaissance
Commons condominiums (under construction) within the Boynton Village
development with a Suburban Mixed Use (MX-S) land use classificatiOn,
zoned Suburban Mixed Use (SMU). To the Southwest are commercial
uses within the Town Center development with a Local Retail Commercial
(LRC) land use classification, zoned Community Commercial (C-3), then
farther west is right-of-way for Congress Avenue, still farther west is
developed commercial property (Boynton Beach Mall).
BACKGROUND
Mr. Steve Liller with K. Hovnanian Homes is requesting an additional one (1) year site plan time extension
for the Cortina project, a proposed 458 unit townhouse development on 30 acres of the 81.84-acre
Boynton Village mixed-use project. The site plan for the Cortina project (NWSP 05-001) was approved on
September 20, 2005 and was valid for one (1) year. At the time of site plan approval the regulations
allowed a total of one (1) year to secure a building permit following site plan approval; however, the
regulations have since been revised to allow an initial 18-month period to secure a building permit. A site
plan time extension (SPTE 06-012) for this project was approved on February 13, 2007, which extended
site plan approval for one (1) year, from September 20,2006 to September 20,2007. If this request for
an additional extension were approved, the expiration date would be extended to September 20, 2008.
The subject property, generally located at the northeast corner of Old Boynton Road and Congress
Avenue, is bounded by the LWOD C-16 Canal to the north, the LWOD E-4 Canal to the east, and Old
Boynton Road to the south. According to the original site plan staff report, the proposed Cortina at
Boynton Village project is a Suburban Mixed Use (SMU) Master Planned development approved for 458
fee-Simple townhouse dwelling units. The project has been approved for the following: a land use
amendment (LUAR 04-006) from Moderate Density Residential (MoOR) to Mixed Use- Suburban (MX-S)
classification; a rezoning (LUAR 04-006) from Single-Family Residential (R-1-AA) to the Suburban Mixed
Use (SMU) zoning district; a new site plan (NWSP 05-001); and a site plan time extension (SPTE 06-012).
The approved SMU master plan depicts the proposed Cortina project to be developed in two (2) phases
which will consist of a total of 458 fee-Simple townhouse units. The project proposes a mix of buildings
with a minimum of four (4) units to a maximum of six (6) units per building. The Cortina project was
approved with various models that would range up to 2,898 square feet under air. All units would have
three (3) bedrooms, and 127 units or (27.7%) are designated as "live/work" units located on the ground
floor. Live/work units are generally limited to professional and business services with no more than two
(2) on-site employees. The SMU zoning district limits the work space of the live/work unit to no more than
30% or 400 square feet, whichever is greater. The approved site plan indicates the townhouse buildings
Staff Report - Cortina at Boynton Village (SPTE 07-010)
Memorandum No PZ 07-103
Page 3
are approved with a Spanish-Mediterranean architectural style and building facades enhanced with
balconies, trim, banding, columns, shutters, medallions, decorative garage doors, and Spanish S-tile roof.
The proposed townhouse development would be constructed around an 8.3-acre lake. The Master Site
Data Plan indicates that the recreation areas would account for 2.1 acres of the subject site. Internal
private spaces in the form of small parks are sprinkled throughout the development, while a large five (5)-
acre public park is proposed on the southern portion, east of the spine road and adjacent to Old Boynton
Road. The two (2) recreation areas would have an 875-square foot clubhouse building and pool.
ANALYSIS
According to the current Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall
have eighteen (18) months to secure a building permit from the Development Department", however at
the time the site plan was approved, only one (1) year was allowed to secure a building permit. Examples
of building permits include but are not limited to the following: Plumbing, electrical, mechanical,
foundation, and structural. The Regulations authorize the City Commission to approve one (1) year time
extensions, provided that the applicant files the request prior to the expiration date of the development
order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the
extension request August 22, 2007, approximately one (1) month prior to the expiration of the site plan.
The developer has indicated that recent changes in the local real estate market have compelled
K. Hovnanian Homes to review and reconsider the product they intend to construct. The renewed effort
will concentrate on creating more variety in product affordability, as mixed live/work units will combine
with both two (2) and three (3) story townhomes to welcome a broader range of potential buyers. The
developer states that site plan amendments and required re-plat approval are estimated to delay the
project up to six (6) months. In the meantime, all land development permits for infrastructure and
construction have been obtained with the exception of the Boynton Beach land development permit, which
has been requested from the City and still requires payment of the Parks and Recreation impact fee.
A more formal criterion for evaluating requests for time extensions is compliance with concurrency
requirements. A letter from Palm Beach County Traffic Engineering was received indicating that the entire
Master Plan meets the traffic performance standards, with a series of conditions which limit or time
aspects of the development with certain roadway improvements. The site plan time extension would still
be subject to the original conditions of site plan approval. Lastly, no new land development regulations
are now in place which staff recommends should be applied to the subject project. As for application of
the Art in Public Places Ordinance, site plan approval occurred prior to the adoption of Ordinance 05-060.
RECOMMENDATION
Staff has reviewed this request for site plan time extension, and recommends approval, contingent upon
successfully satisfying all comments indicated in Exhibit "c" - Conditions of Approval. Any additional
conditions recommended by the Board or City Commission shall be documented accordingly in the
Conditions of Approval.
S:\Planning\SHARED\WP\PROJEcrS\Boynton Village-Boynton Town Center 1 \Boynton Village Cortina NWSP 05-001 \SPTE Q6-012\Cortina SPTE 06-
012 Staff Report.doc
Exhibit "Awl - Cortina
Location Map
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EXHIBIT "8"
City of Boynton Beach
Phnn;ng and Zoning Division
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
August 22, 2007
Attn: Ed Breese
Dear Ed,
Please accept this letter as a written request for an additional time extension to our
approved site plan and Development Order for Cortina. Our original site plan expinrtion
date was September.- 20, 2006, we were gnmted a one year extension that expires September
20, 2007. Ie. Hovnanian Homes (fka Town and Country Homes) will not have issued a
building permit by this date.
Based on the ongoing decline in the housing market, K Hovnanian Homes feels it is
necessary to implement changes to the product type approved at Co~ In order to meet
the needs of the euttent rnar~("t, we are reviewing the cw:rent site plan and will be
implementing changes that we feel will assist with the marketing and selling of our homes.
We are, however, creating a product mix to include live/work units, front load and rear load
3 story townhomes, and front load and rear load 2 story town homes along with changes to
the amenities that are currently proposed. We feel the product mix w:i:ll create variety in
price and options to welcome a variety of end users. The process of amending the site plan
and revising the recorded plat is estimated to t2ke up to (6) six months therefore we are
requesting a (1) one year time extension to allow for the necessary time to revise and
approve ow: site plan and plat.
Please note to date, all land development permits for infrastructure and construction
have been obtained with the exception of the Boynton Beach land development permit. .
Reservation fees for Water and Sewer have been paid.
K Hovnanian Homes has contnbuted their promm share to the building of the
common improvements both on and off site for Boynton V.illage. Approximately 6.8
million dollars will have been spent by K Hovnanian Homes for their pronrted share of the
Site Development Agreement for Boynton Village by the end of 2007. We are and will
1275 GATEWAY BOULEVARD, SUITE 101, BOYNTON BEACH, FL 33426
TEL: (561) 364-3300 khov.com
-2-
August 22, 2007
continue to maintain the LWDD Easement on the west side of the canal in addition to
maintaining the fence and windscreen..
I would like to offer in advance, our appreciation for your time and approval of the
requested time extension to Cortina. We look forward to continued success working with
the City as we move forward.
&RuriJ
Stephen B. Liller
Vice President of Land Development and
Acquisition
K Hovnanian Homes
EXHIBIT "e"
Conditions of Approval
Project name: Cortina at Boynton Village
File number: SPTE 07-010
Reference:
I DEPARTMENTS , INCLUDE I REJECT II
PUBLIC WORKS - General
;
Comments: None X
I
PUBLIC WORKS - Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X I
I
i
POLICE
Comments: None X
ENGINEERING DIVISION i I
I
Comments: None X
BUILDING DIVISION I
Comments: None X i
PARKS AND RECREATION I
,
I
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X i
I I
PLANNING AND ZONING I I
Comments:
1. The time extension is subject to the original Conditions of Approval. I X
Cortina at Boynton Village / SPTE 07-010
Conditions of Approval
Page 2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING AND DEVELOPMENT BOARD
CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
COmIl1ents:
To be determined.
S:\PlanningISHAREDlWPIPROJEcrSlBoynton Village-Boynton Town Center l\Boynlon Village Cortina NWSP OS-oOI\SPTE 07-010ICOA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Cortina at Boynton Village
APPLICANT:
K. Hovnanian Homes
APPLICANT'S AGENT:
Mr. Steve Liller with K. Hovnanian Homes
AGENT'S ADDRESS:
1275 Gateway Boulevard, Suite 101, Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
December 3, 2007
TYPE OF RELIEF SOUGHT: One (1) year site plan time extension until September 20, 2008, for
458 fee-simple townhouse units on a 30.29-acre parcel in the SMU
Suburban Mixed-Use zoning district.
LOCATION OF PROPERTY: Northeast corner of Old Boynton Road and Congress Avenue, just
south of the SFWMD C-16 canal (see Location Map - Exhibit "A")
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:IPlanningISHAREDlWPIPROJECTSIBoynton Village-Boynton Town Center 11Boynton Village Cortina NWSP 05-0011SPTE 07-
01 DlDO.doc
VIII.-PUBLIC HEARING
ITE M A.
ADDITIONAL
INFORMATION
200 E
I Ruden
~t McClosky
;:'Ullt:. "ouu
FORT LAUDERDALE. FLORIDA 33301
POST OFFICE BOX 1900
FORT LAUDERDALE. FLORIDA 33302
(954) 761-2955
F~(954)333-4155
THOMAS.MULLIN@RUDEN.COM
December 13, 2007
Mr. Mike Rumpf, AICP
Planning & Zoning Director
City of Boynton Beach
100 E Boynton Beach Boulevard
Boynton Beach, FL 33435
Re: Cortina at Boynton Village Site Plan - SPTE 07-010
Dear Mr. Rumpf:
As you are aware, we represent South Florida Devco, Inc., regarding the above
referenced project. Currently, there is a pending request for an extension to the approved site
plan which is set to be heard in front of the City Commission on Tuesday, December 18, 2007. I
am sending this letter specifically to request that the site plan extension be tabled until the date
certain of January 2,2008, or the next regularly scheduled City Commission meeting.
The site plan extension was originally considered on November 20, 2007, at which time
several residents informed the Commission that there was a pending Notice of Violation for the
property. These residents own homes directly to the east of the property and objected to the
extension as sand from the lot was blowing onto their yards. They also expressed dissatisfaction
with the appearance of the lot and the view from their homes of the back sides of the commercial
buildings located on the western portion of the Boynton Village property, and requested a
landscaped berm. Both the Applicant and City Staff were unaware of the violation and the
Commission agreed to table the item until the next meeting to give the Applicant time to address
the code violation.
At the December 4, 2007, City Commission meeting, the residents again spoke against
the project. In response, the Applicant reported that it was undertaking certain actions to address
the code violations, including installing a new wind screen on the chain-link fence along the east
property line and hiring a company to apply hydro seeding to the property, which weighs down
the sand and stimulates grass growth with two types of grass seeds and water absorption
material. These activities secure the sand in place and minimize any sand that does blow from
leaving the Cortina property. Despite the Applicant's efforts, the Commission discussed
additional measures to address the residents' concerns, including the construction of a five foot
FTL:2474172:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS' FT. LAUDERDALE' MIAMI' NAPLES' ORLANDO' PORT ST. LUCIE' SARASOTA' S1. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH
Mike Rumpf, AICP
December 13, 2007
Page 2
(5') tall berm and installation of landscaping. The decision on the site plan extension was again
tabled so that the Applicant and City Staff could discuss options for visual screening and the
code violation issues. This date was set for Tuesday, December 18,2007.
A hearing in front of the City's Code Compliance Board is scheduled on December 19,
2007, at which time we will be requesting thirty (30) days to address the blowing sand. City
Staff has indicated that it will not object to such a request. While the Applicant has spent
thousands of dollars to address the code violation issues, there has been some delay in applying
the hydro seeding and the work will not be complete by the December 18, 2007, City
Commission meeting. Tabling the item until January 2, 2008 will allow us to fully address the
code violation and also provide the Applicant and its team of consultants time to better prepare a
plan for addressing the remaining concerns of the residents.
It is our intent to attend the Code Compliance Board meeting and address the code
violations within the time specified by the Board at the meeting. Our belief is that this can be
accomplished prior to the next City Commission meeting. Tabling the City Commission
decision on the site plan extension until January 2,2008 will provide us with that opportunity.
Please advise us as to whether our attendance at the December 18, 2007, Commission
meeting is necessary if the request to table the item is granted.
~~
Thomas F. Mullin
...
TFM/js
cc: Tim Kelly
Peter Brennan, Esq.
JeffSchnars, P.E.
Angela Biagi, RLA
Kim Glas-Castro, AICP
FTL:2474172:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS' FT. LAUDERDALE' MIAMI' NAPLES' ORLANDO' PORT ST. LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH
Page 1 of 1
Prainito, Janet
From: Rumpf, Michael
Sent: Friday. December 14,2007 12:23 PM
To: Prainito, Janet
Cc: Bressner, Kurt
Subject: FW: Cortina Site Plan Extension
Attachments: DOC001.PDF
Please find the attached letter requesting postponement of Item VlIl.a (Cortina Time Extension) to the January
2nd meeting. The purpose, in part, is to delay the hearing until after the Code Board meeting is held and all
compliance matters are addressed.
Mike
From: Mullin, Thomas [mailto:thomas.mullin@ruden.com]
Sent: Friday, December 14, 2007 10:29 AM
To: Rumpf, Michael
Subject: Cortina Site Plan Extension
Mike,
Attached is the letter that went out yesterday by mail. As we discussed, we are requesting that
the site plan extension decision be tabled until Jan 2, 2008.
Let me know of any comments or concerns.
Tom
Thomas Mullin
Attorney
. Ruden
._1 McClosky
200 East Broward Blvd.
Suite 1500
FDrt Lauderdale. FL 33301
Direct 954-761-2955 I Fax 954-333-4155
thDmas.mullin@ruden.com I www.ruden.com
NOTICE: This e-mail message and any attachment to this e-mail message contains confidential
information that may be legally privileged. If you are not the intended recipient, you must not review,
retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you
have received this e-mail in error, please notifY us immediately by return e-mail or by telephone at 954-
764-6660 and delete this message. Please note that if this e-mail message contains a forwarded message
or is a reply to a prior message, some or all of the contents of this message or any attachments may not
have been produced by the sender.
12/14/2007
Cctt['"I ~~C:l>
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOAAJ.
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
[:8J December 18, 2007 Decernber 3, 2007 (Noon) D February 19,2008 February 4,2008 (Noon)
0 January 2, 2008 Decernber 17, 2007 (Noon) D March 4, 2008 February 19,2008 (Noon)
D January 15, 2008 December 31, 2007 (Noon) D March 18,2008 March 3, 2008 (Noon)
D February 5, 2008 January 14, 2008 (Noon) D April 1, 2008 March 17,2008 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
[:8J Public Hearing D
RECOMMENDATION: Please place this tabled item on the December 18,2007 City Commission Agenda under
Public Hearing. You will recall that this item was tabled by the City Commission on December 3,2007, to allow the
applicant time to consider the current disrepair of the abutting sidewalks, and to prepare an appropriate plan of action for
Commission consideration. The Community Redevelopment Agency Board reviewed this item on November 14, 2007, and
recommended that the request be approved. For further details pertaining to this request, see attached Department
Memorandum No. 07-122.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
The Arches (SPTE 07-012)
William Bloom, Holland & Knight
Boynton Ventures I, LLC
Southwest corner of Ocean Avenue and Federal Highway
Request for a second one (1) year site plan time extension of a site plan (MSPM 05-008)
and height exception (HTEX 05-006) approved on September 6, 2005, from September 6,
2007 to September 6, 2008, for a mixed-use project consisting of 40,596 square feet of
retail space and 378 condominium units on 4.688 acres zoned Mixed Use High.
~~
C' j,~1 ;;;
Assistant to City Manager ~
P~i1:a6. ~~ City Attorn,y / Finan"
S :IPlannmgISHARED\ WPIPROJECTS CHES @ BBISPTE 07 -0 12IAgenda Request Arches SPTE 07-012 12-18-07.doc
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-122
TO:
Chair and Members
Community RedeveJijnt Agency Board
Michael RumPf~
Director of Planning and Zoning
THRU:
FROM:
Gabriel Wuebben
Planner
\
.\
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DATE:
November 7, 2007
PROJECT:
The Arches / SPTE 07-012
REQUEST:
Site Plan Time Extension
PROJECT DESCRIPTION
Property Owner: Boynton Ventures I, LLC
Applicant / Agent: William Bloom \,vith Holland & Knight
Location: Southwest corner of Ocean Avenue and Federal Highway(Exhibit "A")
Existing Land Use/ Zoning: Mixed Use Core (MX-C) / Mixed Use High (MU-H)
Proposed Uses: Request site plan time extension approval for a mixed use project consisting of
40,596 square feet of retail space and 378 condominium units on 4.688 acres.
Acreage: 4.688 acres
Adjacent Uses:
North:
Right-of-way for Ocean Avenue and farther north are developed properties
zoned Central Business District (CBD);
South:
Right-of-way for Southeast 2nd Avenue and farther south is a developed
commercial plaza zoned Community Commercial (C-3);
East:
Right-of-way for Federal Highway and farther east is developed commercial
properties zoned CBD; and
West:
Right-of-way for Southeast 4th Street and still farther west is developed
commercial properties zoned CBD.
Page 2
Memorandum No. PZ 07-122
BACKGROUND
Mr. William Bloom, agent for Boynton Ventures I, LLC, is requesting that a second one (1) year time extension
be granted for the Arches Site Plan and Height Exception development orders (MSPM 05-008 and HTEX 05-
006), which were approved by the City Commission on September 6,2005. These approvals are valid for one
(1) year from the date of approval, unless a building permit has been issued or a time extension applied for. If
this request for extensions were approved, the expiration date, including concurrency certification, would be
extended to September 6, 2008. According to the site plan staff report, The Arches was approved to construct
a total of 378 dwelling units and 40,596 square feet of retail space (combining retail, office, and restaurant
space). The height exception request was for certain rooftop elements that conceal mechanical equipment,
elevator shafts and stairwells at a height of 167 feet, or 17 feet above the maximum height threshold of 150
feet.
Originally, a similar mixed-use project was approved in 2003, and was subsequently awarded two (2) site
plan time extensions. In 2005, a Major Site Plan Modification application was approved as filed by new
owners of the property. This in effect resets the entire development clock and marks a departure point for
what is essentially a new approval procedure. As mentioned above, the project received a Site Plan Time
Extension in 2006. In this respect, this is the second site plan extension request for the revised project in
accordance with the City of Boynton Beach Code of Ordinances.
ANAL YSIS
According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1)
year to secure a building permit from the Development Department". Examples of building permits include
but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The
Regulations authorize the City Commission to approve one (1) year time extensions, provided that the
applicant files the request prior to the expiration date of the development order or previous time extensions.
In this case, the applicant has met that requirement. The Planning & Zoning Division received the extension
request September 5, 2007 - one (1) day prior to the expiration of the previous site plan time extension.
According to the request and justification, the developer has worked to address the difficulties of undertaking
a luxury condominium project in market conditions that have become increasingly unfavorable since the
previous site plan time extension was granted in 2006. The applicant has been working to realign the project
with current demand through numerous modifications. Most significantly, the applicant will ultimately
propose the conversion of the luxury condominiums to rental units. Additionally, the applicant .expects to
create six (6) additional units through project redesign, relocating the amenity deck within the project and
diminishing its size. The applicant has indicated a plan to remove the two-story retail component from the
northwest corner of the project, and include an improved loading area and additional landscaping in its place.
The applicant also plans to reconfigure various aesthetic details of the project so that project costs coincide
more with market demand. It should be noted that if the time extension is approved, any future changes to
the project must be determined as "major" or "minor", and reviewed according to the required process.
This is the first time staff has been presented with descriptions of the proposed changes to the project, and
staff recognizes that such alterations to the originally proposed project may ultimately require a major site
plan modification. At this time, however, it appears that the applicant is working toward project
commencement. Construction plans for the modified project have been put out to bid, and the applicant
believes that project redesign will commence in the coming months.
Page 3
Memorandum No. PZ 07-122
A more formal criterion for evaluating requests for time extensions is compliance with concurrency
requirements. This project's traffic study was sent to Palm Beach County Traffic Division for their review and
approval. The Traffic Division determined that the proposed mixed-use project is located within the
designated Boynton Beach Traffic Concurrency Exception Area (TCEA), and therefore meets the Traffic
Performance Standards (TPS) of Palm Beach County. However, no building permits are to be issued by the
city after the build-out date of 2010. Since the applicant has what would appear to be adequate time
remaining on the applicant's traffic concurrency, nothing further in this regard is needed at this time. The
site plan time extension would still be subject to the original conditions of approval (site plan and height
exception. Lastly, no new land development regulations are now in place against which the project should be
reviewed and modified. As for application of the Art in Public Places Ordinance, site plan approval occurred
prior to the adoption of Ordinance 05-060.
RECOMMEN DATION
Staff recommends approval of this request for a one (1) year time extension of the major site plan modification
(MSPM 05-008) and height exception (HTEX 05-006). If these requests for extension were approved, the
expiration date of both applications, including concurrency certification would be extended to September 6,
2008, and all conditions from the original approvals must still be satisfactorily addressed during the building
permit process.
S:\Pianning\SHARED\VVP\PROJECfSIARCHES @ BB\SPTE 07-012\ArChes SPTE 07-012 Staff Report.doc
Exhibit "A" - THE ARCHES
Location Map
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220
330
440
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EXHIBIT B
November 6, 2007
The Arches
Time Extension
Additional Justification
! ne following statement provides additional justification to the City to support the
applicants need for a time extension for the project known as the "The Arches" located at
500 Ocean Avenue. The current market conditions are a major factor in the stalling of
the project. The applicant has been working on creative solutions to this problem in order
to make the project move forward and begin beginning construction. After some analysis
of current market conditions, the applicant is moving forward with a luxury rental project
instead of the previously proposed condominium units. There is a need for upscale
rental units within the City of Boynton Beach. With the potential conversion to rental
come minor mechanical, electrical, and plumbing modifications. The applicant has
currently put the construction plans out to bid for these modifications and intends on
beginning this modification process within the next several months. Below details the list
of proposed construction changes that the applicant is proposing:
Architectural Value Engineering Changes:
.
Eliminated 1 floor of the parking gara~e
o Amenity deck is now on the 51 floor rather than the 6th
o 6th floor residential is now identical to floors ih _15th
o Exercise room and Party room are now located on 51h floor
o Unit number will change from 356 to 362, addition of 6 units
.
Reduce size of Amenity deck
o Stair C-3 has been eliminated
o 'Storage room' to replace stair C-3 on roof deck to maintain symmetry
o Maximum occupancy for smaller roof deck: 625 occupants
o Maximum occupied area for smaller roof deck: 19,000 square feet
.
Eliminated building 'D' retail (2-Story)
o Northwest corner of parking garage was redesigned to accommodate two
loading docks. (151 floor)
o Northwest side of plaza where building 'D' used to sit will require a new
landscape layout.
.
Trellis and associated planters on the 151 floor have been eliminated from parking
garage fa<;:ade
· Glass canopy has been removed from first floor at northeast and southeast
corners of retail
· Eliminated high ceiling and curtain wall system in corner units on 5th and 15th
floor.
o Roof slabs at both 5th and 15th floor are continuous all the way to corners.
o Slab still projects 2'-0" past parapet at corners
o Glass balcony guardrail sitting on concrete curb at corners where curtain
wall used to be.
Structural VE Chanqes:
Change foundation system from augercast piles to vibroflotation.
The applicant feels that progress continues to be made in order to keep the proposed
project moving forward in a market that is currently unfavorable towards residential
development. The applicant respectfully requests the approval of the requested time
extension.
EXHIBIT "C"
Conditions of Approval
Project name: 500 Ocean (fka The Arches)
File number: SPTE 07-012
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION I
! I
Comments: None X I
I
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST I
I
Comments: None X I
PLANNING AND ZONING
Comments: I
1. The time extension is subject to the original Conditions of Approval. X I
I
I
500 Ocean (fka The Arches) SPTE 07-012
Conditions of Approval
P 2
age
I DEPARTMENTS I INCLUDE I REJECT I
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:IPlanningISHARED\WPIPROJECTSIARCHES @ BBISPTE 07-012ICOA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
500 Ocean (fka The Arches)
APPLICANT:
Boynton Ventures I, LLC
APPLICANT'S AGENT:
William Bloom with Holland & Knight
AGENT'S ADDRESS:
222 Lakeview Avenue, Suite 800 West Palm Beach, FL 33401
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
December 18, 2007
TYPE OF RELIEF SOUGHT: Request a one (1) year time extension of the major site plan
modification (MSPM 05-008) and height exception (HTEX 05-006) to
September 6, 2008
LOCATION OF PROPERTY: Southwest corner of the intersection of Federal Highway and East
Ocean Avenue
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:IPlanningISHAREDlWPIPROJECTSIARCHES @ BBISPTE 07-012IDO.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
November 14, 2007
the owner. The board indicated Ms. Tuma could reaffirm the owner's consent at a City
Commission meeting.
Motion
Vice Chair Rodriguez moved approval, with the requirement tree hedges be added
along the perimeter of Federal Highway. Mr. Weiland seconded the motion that passed
unanimously.
B. Arches
Site Plan time Extension
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Arches (SPTE 07-012)
William Bloom, Holland & Knight
Boynton Ventures I, LLC
Southwest corner of Ocean Avenue and Federal
Highway
Request for a second one (1) year site plan time
extension of a site plan (MSPM 05-008) and height
exception (HTEX 05-006) approved on September 6,
2005, from September 6, 2007 to September 6, -
2008, for a mixed-use project consisting of 40,596
square feet of retail space and 378 condominium
units on 4,688 acres zoned Mixed Use High.
Mr. Breese advised William Bloom, agent for Boynton Ventures, requested the one-year
time extension. The applicant noted the changes in market conditions and the need to
realign the project with current demands as factors for the need for the extension. Any
future changes to the approved plans would be reviewed by staff to determine whether
they were major or minor in nature. If major, they would be brought before the board
and the City Commission. Staff recommended approval, subject to the original 81
conditions of approval.
Bonnie Miskel advised she was present on behalf of the applicant, as Mr. Bloom was
out of the country. Market conditions had become unfavorable for a luxury
condominium project and the developer converted the project from condominiums to
market rentals. This necessitated significant value engineering changes in order to
address the market conditions and come back with a project which was more
competitive. She recognized, during the permitting process, staff would review the
changes to ensure they were minor in nature. The project would appear much as it did
from the outside, and would be all rentals, as market conditions for rentals were
reasonably good.
10
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
November 14, 2007
Ms. Miskel advised the value engineering had been completed and the revised plans
had been put out to bid. It was anticipated bids would be returned within the next
month and significant activity would commence within 90 days.
Ms. Bright reminded the board an incentive package was part of her work program last
year, and it was one of the reasons the board would be addressing the rollover $lM.
Staff had also been working with Arthur Slavin, of MCZ Centrum. The changes would
not significantly alter the exterior of the building and the applicant wanted to continue
to move forward more aggressively in the first quarter of 2008.
Chair Taylor opened the public hearing.
Chuck Magazine, Risk Manager, wanted to remind the board the sidewalks along
Ocean Avenue and 4th Avenue were originally given over to the developer. This area
was utilized by the City for its annual Holiday Parade. He noted it was the requirement
of the developer to maintain the sidewalks, and the issue of liability remained with the
developer and not the City.
Brian Edwards, 629 NE 9th Avenue, commended Ms. Miskel, but expressed concern
with use of the term "rental property." The project would be situated downtown, which
was considered a prime location. He believed issues such as use of the term "rental
property," time expended on the project, and the conversion of the property, should be
considered.
No one else having come forward, the public hearing was closed.
Ms. Bright advised staff recently met with the developer and, based upon a feasibility
and analysis study, the developer anticipated a luxury rental market would survive at
the location. Ms. Bright believed the project would be appropriate for the Downtown
Master Plan and would be an exceptional luxury rental product constructed to resemble
a condominium. The condominium ownership market was overbuilt and there was a
need in the City for rentals.
As to the Downtown Master Plan, Ms. Brooks advised the preliminary economic analysis
undertaken two years ago indicated the number of residential units needed to support
commercial ventures in the downtown area was quite high.
Ms. Miskel indicated rental rates had not yet been provided. As a result of changes to
the program, certain amenities were removed. They were attempting to reduce their
parking expenses, as structured parking was costly. Other than that, the product
remained similar. The original project included good-sized condominiums that were
11
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
November 14, 2007
intended to sell at a very high price. It would be her expectation the rates would be
higher than average rental rates.
The board believed there was a niche in the City for high-end rental properties.
Motion
Mr. Weiland moved approval of the one-year site plan time extension. Ms. Ross
seconded the motion. There was no further discussion.
Vote
The motion passed unanimously.
C. Land Development Regulation Rewrite -
Group 4
Code Review
1.
PROJECT:
Land Development Regulations (LOR) Rewrite-
Group 4 (CDRV 07-004)
City Initiated
A portion of Group 4 deliverable, pursuant to the LDR
Rewrite Work Schedule, which includes: Article 1.
Environmental Protection Standards and Article II.
Landscape Design and Buffering Standards.
AGENT:
DESCRIPTION:
These proposed sections will ultimately replace and
Enhance portions of the current LDR Part III, Chapter
2 (Zoning), Sections 5 through 7, 8.5, and 11;
Chapter 4 (Site Plan Review), Section 8; Chapter 6
(Required Improvements), Article III; all of Chapter
7.5; Chapter 8 (Excavation and Fill Regulations),
Articles I through VI; and Chapter 9 (Community
Design Plan), Sections 10 and 11
Eric Johnson, Planner, Planning and Zoning, advised this was the fourth of an eight-
grouping project known as the Land Development Code Rewrite. Landscaping and
environmental standards would be discussed. Project objectives included preserving
and utilizing the initial work efforts, maximizing user friendliness for the public and
developers, continuing the public and professional involvement, ensuring the Land
Development Regulations were flexible, and maintaining priority functions of the
Planning and Zoning Division services.
12
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VIII.-PUBLIC HEARING
ITEM C.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Tumed
Meeting Dates in to City Clerk's Office
[:8J December 18, 2007 December 3, 2007 (Noon) D
D January 2, 2008 December 17,2007 (Noon) D
D January 15,2008 December 31,2007 (Noon) D
D February 5, 2008 January 14, 2008 (Noon) D
Requested City Commission Date Final Form Must be Tumed
Meeting Dates in to City Clerk's Office
February 19, 2008 February 4,2008 (Noon)
March 4, 2008 February 19,2008 (Noon)
March 18,2008
March 3, 2008 (Noon)
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April 1, 2008
March 17, 2008 (Noon) c...J
c:...>
D AnnouncementslPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda [:8J Legal
D Code Compliance & Legal Settlements D Unfinished Business
[:8J Public Hearing D
~;3
CJ
o
RECOMMENDATION: Please place this request on the December 18, 2007 City Commission Agenda under
Public Hearing and Legal Ordinance - First Reading. The Planning and Development Board heard the request on November
27, 2007 and recommended that .!:he request be approved, subj ect to all conditions of approval. F or further details
pertaining to this request, see attached Department Memorandum No. 07-123. .;e. \..)0\(:.. ~pe6.~t.. b-.~~,"""
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EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Ticket Clinic (ANEX 07-001)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
J er Enterprises, LLC
3349 Federal Highway (East side of Federal Highway, north of Gulfstream Boulevard)
Request to annex the subject property (0.37 acres).
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Development
J2.~
City Manager's Signature
Assistant to City Manager ~
///'
Planning & Zoning ector City Attorney / Finance
S:IPlanningISHARED\WPIPROJECT icket Clinic\ANEX 07-001 \Agenda Item Request Ticket Clinic ANEX 07-00 I 12-18-07.doc
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ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, ANNEXING 0.37+/- ACRES OF
LAND THAT IS CONTIGUOUS TO THE CITY
LIMITS WITHIN PALM BEACH COUNTY AND
THAT WILL, UPON ANNEXATION, CONSTITUTE
A REASONABLY COMPACT ADDITION TO THE
CITY BOUNDARIES; PROVIDING THAT THE
PROPER LAND USE DESIGNATION AND
PROPER ZONING OF THE PROPERTY SHALL BE
REFLECTED IN SEPARATE ORDINANCES TO BE
PASSED SIMULTANEOUSLY HEREWITH;
PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTIVE DATE; PROVIDING THAT
THIS ORDINANCE SHALL BE FILED WITH THE
CLERK OF THE CIRCUIT COURT OF PALM
BEACH COUNTY, FLORIDA, UPON ADOPTION.
WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the
development of an Annexation Program; and
WHEREAS, Jer Enterprises, LLC, owner, by and through its agent, Bradley Miller,
AICP of Miller Land Planning Consultants, of the property more particularly described
hereinafter, have heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of
the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a
certain tract of land consisting of approximately 0.37+/- acres; and
WHEREAS, the City of Boynton Beach hereby exercises its option to annex the
following tract ofland as hereinafter described, in accordance with Article L Section 7 (32)
of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and
WHEREAS, said tract of land lying and being within Palm Beach County IS
contiguous to the existing city limits of the City of Boynton Beach, and will. upon its
annexation, constitute a reasonably compact addition to the City boundary.
S:ICA 10rdinanceslPlanning\AnnexationslAnnexation - Ticket ClInic.doc
1
1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
3
Section 1.
That each and every Whereas clause is true and correct.
4
Section 2.
Pursuant to Article I, Section 7 (32) of the Charter of the City of
5 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described
6 unincorporated and contiguous tract of land situated and lying and being in the County of
7 Palm Beach, Florida, to wit:
8 Lots 2 and 3 less the westerly 17 feet thereof, Kings Subdivision,
9 according to the Plat thereof, as recorded in Plat Book 20, Page 47,
10 of the Public Records of Palm Beach County, Florida.
11
12 CONTAINING 0.37 ACRES (16,088 Sq. Ft.) OF LAND.
13
14 Subject to easements, restrictions, reservations, covenants and
15 rights-of-way of record.
16
1 7 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be
18 and become part of the City with the same force and effect as though the same had been
19 originally incorporated in the territorial boundaries thereof.
20
Section3 :
That Section 6 and 6(a) of the Charter of the City of Boynton Beach,
21 Florida, is hereby amended to reflect the annexation of said tract of land more particularly
22 described in Section 2 of this Ordinance.
23
Section 4:
That by Ordinances adopted simultaneously herewith, the proper City
24 zoning designation and Land Use category is being determined as contemplated in Section
25 171.162(2), Florida Statutes.
26
Section 5.
All ordinances or parts of ordinances in conflict herewith are hereby
2 7 repealed.
28 Section 6: Should any section or provision of this Ordinance or any portion thereof
S:ICA 10rdinanceslPlanninglAnnexationslAnnexation - Ticket Clinic. doc
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be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
the remainder of this Ordinance.
Section 7:
This Ordinance shall not be passed until the same has been advertised
for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton
5
Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes.
6
Section 8.
This ordinance shall become effective immediately upon passage.
7
Section 9.
This ordinance, after adoption, shall be filed with the Clerk of the
8 Circuit Court of Palm Beach County, Florida.
9
FIRST READING this _ day of
,2007.
SECOND, FINAL READING and PASSAGE this _ day of
.2008.
CITY OF BOYNTON BEACH, FLORIDA
Mayor ~ Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner -- Woodrow L. Hay
Commissioner ~ Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S:\CA\OrdinancesIPlanninglAnnexationsIAnnexation - Ticket Clinic.doc
3
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 07-133
TO:
FROM:
Mayor and Commission
Michael W. Rumpf ~
Planning and Zoning D~tel
DATE:
RE:
December 4, 2007
Annexation Review for Ticket Clinic
This memorandum is being included as a supplement to Department Memorandum No.
PZ 07-123, to provide an explanation for the processing of this item before the Planning
& Development Board instead of the Community Redevelopment Agency Board. As you
are aware, the City continues to consider annexation requests. In the past, requests for
annexation of properties adjacent to the existing Community Redevelopment Area were
reviewed by the CRA Board. It was then assumed that such properties, once annexed,
would ultimately be incorporated into CRA.
However, given the need to re-evaluate the necessity to expand the CRA boundaries in
this vicinity, and to avoid unnecessary delays in the annexation of property, staff
recommends that such requests be processed as non-CRA items until it is specifically
determined that the subject properties are to be brought into the CRA.
cc: Kurt Bressner, City Manager
Quintus Greene, Development Director
S:IPlanningISHAREDlWPIPROJECTSITicket CliniclTicket Clinic annex memo.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:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 07-123
Chair and Members
Planning & Develo~~l-t ~d and City Commission
Gabriel Wuebben W
Planner ~
Michael W. Rumpf 71v V
Director of Planning and Zoning
November 7, 2007
Ticket Clinic /(ANEX 07-001) (LUAR 07-005)
To annex a 16,088 square foot (0.37-acre) parcel, to reclassify
land use to Local Retail Commercial (LRC), and to rezone to C-3,
Community Commercial.
PROJECT DESCRIPTION
Jer Enterprises, LLC
Mr. Ted Hollander / Bradley Miller, Miller Land Planning
Consultants Inc.
3349 North Federal Highway, south of Turner Road on the east
side of Federal Highway, (see Exhibit "A" - Location Map)
16,088 square feet (0.37 acre)
CHIS Commercial High (Palm Beach County)
CG General Commercial (Palm Beach County)
Local Retail Commercial (LRC)
C-3, Community Commercial
The applicant intends to refurbish the existing building, improve
the parking and landscaping, and use the existing structure for
professional offices. A site plan application has been filed and is
currently under review.
Page 2
Ticket Clinic
ANEX 07-001 and LUAR 07-005
Adjacent Uses:
North:
Developed commercial property classified in Palm Beach County
as Commercial High (CH5), and zoned as General Commercial
(CG) in Palm Beach County (J&L new Antiques and Outdoor
Patio);
South:
Undeveloped residential property recently approved as Tuscan
Villas, classified as Special High-density Residential (SHDR) land
use and zoned Infill Planned Unit Development (IPUD);
East:
Developed single-family residential subdivision (Tradewinds
Estates) classified in Palm Beach County as Medium Density
Residential (MR-5), and zoned Single-Family Residential (RS) in
Palm Beach County; and
West:
Right-of-way for Federal Highway, then farther west is property
classified as Special High Density Residential (SHDR) and zoned
Planned Unit Development (PUD), approved for 109 town homes
(forthcoming Gulfstream Gardens II project).
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation / land use amendment / rezoning for
the following reasons:
1. The requested annexation is consistent with the objectives of the City's annexation
program, which emphasizes the annexation of enclaves, and relevant policies in the
Comprehensive Plan;
2. The requested land use and zoning are consistent with respective current designations
in unincorporated Palm Beach County;
3. The request will not create additional impacts on infrastructure that cannot be
accommodated by the City at present;
4. The requested land use and rezoning will provide the opportunity to return a blighted
and derelict property into an. appealing, code-compliant site (NWSP 07-009) at the
southern gateway to Boynton Beach; and,
5. The requested change would help to further provide an economic contribution to both
the neighborhood and to the City.
Page 3
Ticket Clinic
ANEX 07-001 and LUAR 07-005
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject annexation I land use amendment /
rezoning were mailed a notice of this request and its respective hearing dates. The applicant
certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007.
PROJECT ANALYSIS
The parcel which is the subject of this request for annexation, land use amendment, and
rezoning totals 16,088 square feet or 0.37 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 site is currently developed 'v'v'ith a
one (l)-story, 2,400 square foot commercial building and an existing asphalt parking lot.
Previously, Gulfstream Carpet occupied the site, however, the business is no longer active, and
the building has been unoccupied for several months.
The proposed land use amendment I rezoning application is being reviewed concurrently with
an accompanying request for annexation. The subject property's current land use classification
is Commercial High with underlying Medium Density Residential of five (5) dwelling units per
acre (Palm Beach County CHIS). The applicant is requesting to annex into the City to utilize the
Local Retail Commercial (LRC) land use classification and the Community Commercial (C-3)
zoning district. The proposed land use classification (LRC) is the city's' equivalent to the
County's CHIS land use classification, in terms of the allowable uses and respective intensities.
Therefore, the requested land use amendment I rezoning application meets the conditions
specified in Chapter 2, Section 9.C.2(2) of the Land Development Regulations stipulating that in
cases of annexation in which the Future Land Use and Zoning classifications of applicant Palm
Beach County properties are consistent with Future Land Use and Zoning classifications in the
City's Comprehensive Plan, the standard criteria for qualifying the change in Land Use and the
Rezoning maintained in Chapter 2, Section 9.C.7, shall not be applied. Since this is the case,
the request is relatively straightforward and would not require an evaluation of the eight (8)
criteria against which rezoning applications are normally reviewed, as outlined in Chapter 2,
Section 9.C. 7 of the Land Development Regulations. Instead, staff analysis will relate to
consistency with other relevant portions of the Comprehensive Plan, the city's annexation
policy, service capability, and the conforming I non-conforming status of the property and uses.
The only policy in the Comprehensive Plan that would be pertinent to this request for
annexation I land use amendment / rezoning would be Policy 8.1004, which states the
following:
8.10.4: The City shall coordinate with Palm Beach County regarding the prevention of
enclaves, pockets, or other undesirable land configurations adjacent to, or in the
proximity to, corporate limits, prior to annexation of any parcels into the City.
The annexation of the subject property will further the efforts to annex enclaves and pockets as
promoted by the county and practiced by the City. Currently, objectives of the City's
annexation policy include annexing all enclaves and pockets less than 10 acres, and to
Page 4
Ticket Clinic
ANEX 07-001 and LUAR 07-005
incrementally annex enclave and pocket properties with the intent to reducing them below the
10-acre threshold. Therefore, the annexation of this parcel is consistent with the only policy
within the Comprehensive Plan regarding annexation.
Existing land uses along the U.s. 1 frontage are predominately retail; therefore a Local Retail
Commercial (LRC) land use designation and Community Commercial (C-3) zoning category are
appropriate, both for lots which are presently in the City, and for those which will be annexed.
The subject property lies within Planning Area V as designated in the Federal Highway Corridor
Community Redevelopment Plan. Area V contains a mix of land uses, including commercial
uses, on small parcels. The residential nature of Planning Area V is to be preserved according
to the Federal Highway Redevelopment Plan, which serves as the foundation for the creation of
the Infill Planned Unit Development zoning district. However, although residential uses are
encouraged in the redevelopment of Planning Area V, the subject property is insufficient in size
to support a residential project.
In connection with previous annexation studies, city departments most affected by annexations
(e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability
and costs. All opinions previously collected from these departments supported the incremental
annexation of enclaves. These opinions have been based on the following:
1. The enclaves are all immediately adjacent to areas within the city that currently receive
urban services;
2. Ample service capacity exists to serve adjacent unincorporated properties; and
3. Most enclaves currently receive service from the city via the mutual aid agreement
(Police and Fire j EMS only);
With respect to impact upon roadways, the Palm Beach County Traffic Division has yet to
review the project to confirm that it meets Traffic Performance Standards of Palm Beach
County. The applicant must provide evidence of Traffic Concurrency prior to ordinance
adoption.
The Police and Fire Departments report that this project has been reviewed for potential service
impacts and availability, and based on the proposed use, office jprofessional space, it has been
determined that services allocated to, or existing within the area are adequate to provide the
project with a necessary level of service.
With respect to the status of the site and any existing or proposed uses, the property appears
to have been abandoned for some time. This conclusion is based on the lack of property
maintenance, the dilapidated condition of the existing building, and lack of intact site and
building signage. The site generally conforms to the City's site regulations including minimum
lot area and frontage, as indicated by the survey and other site plan documents simultaneously
submitted for new site plan approval (NWSP-07-006). There is however, a site sign proposed
for the project that would not conform to the city's sign regulations with respect to maximum
height and minimum setback. The proposed sign is actually in place, and staff understands that
it was the subject of a county sign permit. However, staff also understands that its current
location is inconsistent with the corresponding permit, and that it may have been initially
Page 5
Ticket Clinic
ANEX 07-001 and LUAR 07-005
planned for an existing sign structure located at the southwest corner of the property. Instead,
it was erected with a new structure just north of the existing driveway with the intent that its
placement would be followed-up with a corresponding amendment to the sign permit.
The City's sign regulations (Part 3, Chapter 21) require that all non-conforming signs annexed
into the city be brought into compliance within 6 months of annexation. However, given the
lack of county approval, and since the request for annexation is being accompanied by a
request for site plan approval, the sign has no official pre-existing status and should therefore
be brought into compliance with city regulations as a condition of annexation. In addition to
providing a sign that complies with the City's height and setback standards, it should also be
modified to provide a color scheme and letter size that is more compatible with the vision for
the corridor, which in part, is represented by the existing and proposed residential projects
along the corridor. More recently approved signage in this area along Federal Highway is
typically constructed of decorative stone and brick, with stylized lettering and an emphasis on
aesthetic quality. Existing signs in the corridor represent a combination of a variety of old
commercial signs, most of which were recently identified by the County as part of a non-
conforming sign study, and new residential signage that is consistently seen as part of entry
walls and other features, using block and stucco, tile, scoring, channel letters and external
illumination. Although commercial developments typically do not present the same opportunity
for highly stylized signage, the City should attempt to maintain a minimum standard with
respect to the quality of signage permitted. Staff recommends that the applicant revisit the
design of the sign face in an effort to bring the proposed signage more in line with that of the
surrounding area, with particular emphasis on colors and lettering (For additional information
on this sign, see Exhibit "C" - Conditions of Approval, Exhibit "Dff - Federal Highway Signage
Examples, and the staff report for the corresponding site plan application).
CONCLUSIONSI RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; would
not create additional impacts on infrastructure that have not been anticipated in the
Comprehensive Plan; would be compatible with adjacent land uses and would contribute to the
overall economic development of the City. Therefore, staff recommends that the subject
request be approved. If additional conditions of approval are recommended by the Community
Redevelopment Agency Board or required by the City Commission, they will be included as
Exhibit "Cff - Conditions of Approval.
ATTACHMENTS
S:\Planning\SHARED\WP\PROJECfS\Ticket Clinic\LUAR 07-005\Staff Report - Ticket Clinic LUAR.doc
Ticket Clinic - Exhibit "All - Site Location Map
3349 N. Federal Hwy. - ANEX 07-001/LUAR 07-005
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CITY OF MYNTON. ~ FLORIDA
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EXHIBIT "C"
Conditions of Approval
Project name: Ticket Clinic
File number: ANEX 07-00l/LUAR 07-005
Reference:
DEPARTMENTS INCLUDE REJ1:'-Ll
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None - X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
Conditions of Approval
2
r
PLANNING AND ZONING
Comments:
1. All signage must be approved concurrent with the request for Annexation X
and Land Use/Rezoning, in conjunction with site plan approval. Ultimate
signage must be reduced in maximum height from the reported 14' to 8',
and shall be setback a minimum of ten-feet (10') from any property
boundary.
2. The applicant shall modify the proposed sign colors and lettering to X
improve aesthetic compatibility with new signage in the corridor. Staff
recommends that the sign be occupied predominantly by muted colors,
more subtle copy, with the corporate colors being limited to a smaller
portion (approx. 20%) of the sign. Further, staff recommends the use of
block and stucco, tile, sconng, channel letters, stone and/or other
materials to achieve compatibility with the intended appearance of the
corridor. The intent ofthis condition may also be satisfied through the use
of other materials applying a faux design concept to meet the appearance
objective.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined. I
S:IPlanningISHARED\WPIPROJECTSITicket CliniclLUAR 07-00S\COA Ticket Clinic.doc
Exhibit "D" - Federal Highway Signage Examples
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27, 2007
4. Approval of Minutes.
Motion
Ms. Jaskiewicz moved approval of the minutes. Ms. Grcevic seconded the motion that
passed unanimously.
S. Communications and Announcements
A. Planning and Zoning Report
Final disposition of the October 23, 2007 Planning and Development Board
meeting agenda items.
Ed Breese, Principal Planner, announced the City Commission approved items from the
last board meeting including the Brisson pool variance and the Pylon Interstate Plaza
conditional use and height exception. The City Commission tabled the Cortina Site Plan
extension, pending review of the problems relating to blowing sand, the fence
screening and temporary landscaping. Mr. Breese indicated there would be no meeting
in December 2007 un~ess the board took action to the contrary.
It was noted there was no need for a motion to accept the report.
Acting Chair Casaine welcomed Mayor and Mrs. Taylor, Commissioner Weiland and
Commissioner Hay, seated in the audience.
6. Old Business
Evaluation and Appraisal Report (EAR) - based Comprehensive Plan
Amendments Status Report
Mr. Breese noted Hanna Matras, Economic Planner, had previously provided the board
with an update on the matter. She also provided a status as to the elements requiring
minor changes and those undergoing extensive rewriting. The board woulct be receiving
a complete package of the proposed EAR-based amendments to the Comprehensive
Plan in early 2008. The EAR was required to be submitted to Tallahassee in the
summer of 2008.
7. New Business
A. Ticket Clinic
Annexation
2
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27, 2007
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Ticket Clinic (ANEX 07-001)
Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
Jer Enterprises, LLC
3349 North Federal Highway (South of
of Turner Road on the east side of Federal
Highway)
Request to annex the subject property
(0.37 acres)
Ticket Clinic
Land Use Plan Amendment/Rezonina
2.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Proposed Use:
Ticket Clinic
New Site Plan
3.
PROJECT:
AGENT:
OWNER:
LOCATION:
Ticket Clinic (LUAR 07-005)
Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
Jer Enterprises, LLC
3349 North Federal Highway (South of
of Turner Road on the east side of Federal
Highway)
Request to amend the Comprehensive Plan
Future Land Use Map from CHIS Commercial
High/with underlying medium density
residential of S du/ac (Palm Beach County)
to Local Retail Commercial LRC; and
Request to rezone from CG General
Commercial (Palm Beach County) to C-3
Community Commercial.
Professional Office
Ticket Clinic (NWSP 07-006)
Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
Jer Enterprises, LLC
3349 North Federal Highway (South of
of Turner Road on the east side of Federal
Highway)
3
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27, 2007
DESCRIPTION:
Request for new site plan approval for the
redevelopment of a 2,400 square foot
commercial structure and related site
improvements on 0.37 acres to be rezoned
C-3, Community Commercial.
Mr. Breese suggested all four items, Annexation, Land Use Plan Amendment, Rezoning
and the New Site Plan, be discussed collectively. However, each item would require
separate motions upon the conclusion of discussion. The board concurred.
Attorney Alexander administered the oath to all who would be testifying.
Bradley Miller, Miller Land Planning Consultants, Inc., 420 West Boynton Beach
Boulevard, advised he represented the applicant for all four items.
Mr. Breese provided a brief PowerPoint presentation on the four items being
considered. The property was located on the east side of Federal Highway, just south
of Turner Road. Adjacent uses included: To the north, developed commercial property
within Palm Beach County; to the south, a City-approved project for 22 townhomes
(Tuscan Villas); to the west, right-of-way for Federal Highway; and to the east, a
residential subdivision (Tradewinds Estates). -
As noted, the applicant was requesting the following: (1) annexation of the 0.37 acre
parcel; (2) a change in land use from County CHIS, which was Commercial High, to a
Local Retail Commercial (LRC) within the City; (3) a change in zoning from CG General
Commercial in the County, to C-3 Community Commercial within the City; and (4) a site
plan approval for building and site improvements for a 2,400 square foot structure. The
applicant proposed to improve the existing structure with architectural details, paint,
awning, decorative shutters and the removal of an overhead door installed by the
previous tenant. Improvements were also anticipated to the parking lots, drainage
system, and a six-foot buffer wall against the residentially-zoned properties.
The 14-foot high monument sign on the property did not conform to the City's Sign
Code, which only allowed 8 feet in height. The sign also encroached into the City's
mandatory setback, which was within five feet from the front property line, rather than
the minimum ten feet required. The City's Sign Code required all non-conforming signs
annexed into the City be brought into compliance within six months. The sign appeared
to have no preexisting approval at the County level, and staff recommended it be
brought into compliance as a condition of the annexation. Existing signs along the
corridor represented a combination of commercial signs from the 19S0s and 1960s, as
well as a new mix of signs for the projects that had been approved on south Federal
Highway. These consisted of stucco, tile, channel letters and external illumination. The
4
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27,2007
City wished to proceed in this direction, rather than continue with the raised, internally
illuminated signs.
Staff recommended approval of the annexation, land use amendment and rezoning as
the annexation was consistent with the objectives of the City's annexation program, the
land use and rezoning were consistent with respective current designations in Palm
Beach County, and the request would not create additional impacts on infrastructure
that could not currently be accommodated by the City. Additionally, staff recommended
approval of the site plan, subject to the conditions of approval noted.
Mr. Miller advised he provided the City with an alternative plan proposing to relocate
and lower the sign in order to meet the height and setback requirements. He provided
a brief PowerPoint presentation with regard to the alternative plan. The sign appeared
to be stark, but this would change as the site was developed. Mr. Miller and his clients
had issues with condition #2 of the land use amendment and rezoning, and condition
#27 of the site plan, which he contended called for the creation of a residential sign for
a commercial project. They agreed to shift the sign to meet the lO-foot setback
requirement, and to reduce the height to meet the 8 foot requirement. He noted the
importance of the sign face in terms of visibility. In addition to the annexation, land
use amendment, rezoning and site plan approval, they requested the board consider
eliminating condition #2 of the land use amendment and rezoning, and condition #27
of the site plan.
Ms. Jaskiewicz commented on the garishness of the colors and cluttered wording on the
sign. Mr. Miller contended the City required the sign indicate the nature of the business,
and the colors were the corporate colors of the business.
Mr. Breese advised staff did receive the alternative plan referred to by Mr. Miller. Staff
preferred to have the sign mirror the colors on the building rather than having
randomly-selected colors. In considering the appearance of a corridor, staff determined
the color and style desired. Muted, soft earth-tone colors were selected, which were
residential in nature and predominant in the redevelopment of South Federal Highway.
Acting Chair Casaine inquired whether staff would consider an exception. Mr. Breese
replied staff might allow some variation but he did not believe the internally-illuminated
plastic sign face would be the direction in which the City wished to proceed with the
Federal Highway corridor. He added modifications could be made to the sign which did
not require it to be completely rebuilt. The sign could be designed to appear as though
it was a tile type sign, rather than a metal-type of sign with a plastic face. Mr. Miller
remarked the base of the sign would be obscured by the landscaping, and would tie
into the color of the building.
5
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27, 2007
Acting Chair Casaine invited public comments. No one having come forward, public
comments were closed.
Mr. Blehar indicated he would not be inclined to vote in favor of the exception
requested by the presenter. The nature of the business could be promoted through
radio advertising, and the name on the sign would immediately indicate the nature of
the business. The mere fact that other unattractive signs adorned Federal highway was
not justification for adding another unsightly sign.
Mr. Lis observed the address for the property was in Delray Beach. Mr. Miller advised
the property was not contiguous to Delray Beach but was contiguous to Boynton Beach.
Upon annexation, the property would be redefined to a Boynton Beach address. Mr.
Miller's client did not wish to develop the property in Delray Beach as the County's
regulations were more onerous than those of Boynton Beach. Mr. Lis objected to the
signage as proposed. He believed the sign was too yellow and the wording should be
limited to the name of the business.
Mr. Saberson agreed with the board's comments pertaining to signage and believed the
board should accept staff's recommendation.
Ms. Jaskiewicz believed the building itself would be more compatible and aesthetically
pleasing in an earth tone and believed the sign was garish. Aside from the sign, she
believed the project was a good one.
Mr. Miller advised the color of the sign was based on the standard yellow traffic
signage.
Mr. Miller indicated a modification of the sign represented a hardship to the applicant,
as the sign face would have to be removed, at great expense.
Ms. Grcevic inquired whether the business was part of a franchise. Mr. Miller replied he
did not know whether they were franchised, but they had multiple offices, and the signs
incorporated the colors presented.
Staff recommended approval with conditions #2 and #27 as noted pertaining only to
the lettering and color of the sign. Mr. Miller advised the applicant objected to
conditions #2 and #27, but was in agreement with all other conditions.
6
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27, 2007
Motion
Ms. Jaskiewicz moved to approve the request to annex the subject property (0.37
acres) into the City, subject to the conditions of approval in Exhibits E. Mr. Saberson
seconded the motion that passed unanimously.
Motion
Ms. Jaskiewicz moved to approve the request to amend the Comprehensive Plan Future
Land Use Map from CH/5 Commercial High/with underlying medium density residential
of 5 du/ac (Palm Beach County) to Local Retail Commercial LRC, subject to all
conditions of approval recommended by staff. Ms. Grcevic seconded the motion that
passed unanimously.
Motion
Mr. Saberson moved approval of the requested rezoning, subject to all staff-
recommended conditions. Ms. Jaskiewicz seconded the motion that passed
unanimously.
Motion
Mr. Saberson moved approval of the requested site plan approval, subject to all staff-
recommended conditions. Ms. Jaskiewicz seconded the motion that passed
unanimously.
B. Ocean Drive Hotel
Zonina Code Variance
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Proposed Use:
Ocean Drive Hotel (ZNCV-08-001)
Bonnie Miskel, Lauren Lending
Boynton Holdings, LLC
North side of Ocean Drive, approximately
500 feet east of Congress Avenue
Request for relief from the City of Boynton
Beach Land Development Regulations,
Chapter 2, zoning, Section 6.C.3, Community
Commercial zoning district, to allow a variance
of 19 feet, and a building height of 64 feet.
Hotel
7
VIII.-PUBLIC HEARING
ITEM D.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[:8J December 18, 2007 December 3,2007 (Noon) D February 19,2008 February 4, 2008 (Noon)
D January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19,2008 (Noon)
D January 15,2008 December 31,2007 (Noon) D March 18, 2008 March 3, 2008 (Noon)
D February 5, 2008 January 14, 2008 (Noon) D April 1, 2008 March 17,2008 (Noon)
D AnnouncementslPresentations D City Manager's Report w
NATURE OF D Administrative D New'Business 0
AGENDA ITEM D Consent Agenda [:8J Legal
D Code Compliance & Legal Settlements D Unfinished Business ~)
[:8J Public Hearing D c:>
0
. -
RECOMMENDATION: Please place this request on the December 18,2007 City Commission Agenda under
Public Hearing and Legal Ordinance - First Reading. The Planning and Development Board heard the request on November
27,2007 and recommended that the request be approved. For further details pertaining to this request, see attached
Department MemorandurnNo. 07-123. ~ \.)~ c;.~.~c.. a....~~~S\- o...~ c...~~~
c..\c;....J ~ ~t'tJ~. ~c:;..e. ;r- ~
EXPLANATION: """'" ~c.\<<7~ .
PROJECT: Ticket Clinic (LUAR 07-005) ~
AGENT: Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
OWNERS: Jer Enterprises, LLC
LOCATION: 3349 Federal Highway (East side of Federal Highway, north of Gulfstream Boulevard)
DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from CH/5
Commercial High/with underlying medium density residential of 5 du/ac (Palm Beach
County) to Local Retail Commercial LRC; and
Request to rezone from CG General Commercial (Palm Beach County) to C-3
Community Commercial.
Proposed Use: Professional Office
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES:
Developmen
~~
City Manager's Signature
~
Assistant to City Manager
~ --
_ <~"...c __
Planning & Zoning rrector City Attorney I Finance
S:IPlanning\SHARED\ WPIPROJECT icket CliniclLUAR 07 -005IAgenda Item Request Ticket Clinic LUAR 07 -005 12-18-07.doc
2-l;/
S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
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ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING ORDINANCE 89-38
BY AMENDING THE FUTURE LAND USE ELEMENT
OF THE COMPREHENSIVE PLAN FOR A PARCEL
OWNED BY JER ENTERPRISES, LLC., AND
LOCATED AT 3349 NORTH FEDERAL HIGHWAY,
SOUTH OF TURNER ROAD ON THE EAST SIDE OF
FEDERAL HIGHWAY; CHANGING THE LAND USE
DESIGNATION FROM COMMERCIAL HIGH (CH/5)
(PALM BEACH COUNTY) TO LOCAL RETAIL
COMMERCIAL (LRC); PROVIDING FOR
CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
pursuant to Ordinance No. 89-38 and in accordance with the Local Government
Comprehensive Planning Act; and
WHEREAS, the procedure for amendment of a Future Land Use Element of a
Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
WHEREAS, after two (2) public hearings the City Commission acting in its dual
capacity as Local Planning Agency and City Commission finds that the amendment
hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
the best interest of the inhabitants of said City to amend the aforesaid Element of the
Comprehensive Plan as provided.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
S:ICAIOrdinanceslPlanninglLand Use\Ticket Clinic.doc
- [-
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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 at 3349 North
5
Federal Highway, south of Tumer Road on the east side of Federal Highway changing the
6
land use designation from Commercial High (CH/5) (Palm Beach County) to Local Retail
7
Commercial (LRC):
Lots 2 and 3 less the westerly 17 feet thereof, Kings Subdivision,
according to the Plat thereof, as recorded in Plat Book 20, Page 47, of
the Public Records of Palm Beach County, Florida.
CONTAINING 0.37 ACRES (16,088 Sq. Ft.) OF LAND.
Subject to easements, restrictions, reservations, covenants and rights-
of-way of record.
Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe
Future Land Use Plan shall be amended accordingly.
Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 5: Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
remainder of this Ordinance.
Section 6: The effective date of this plan amendment shall be the date a final order is
issued by the Department of Community Affairs finding the amendment to be in compliance in
accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration
Commission finding the amendment to be in compliance in accordance with Section 163.3184,
S:ICAIOrdinanceslPlanninglLand UselTicket Clinic. doc
- 2 -
1 F.S.
2
FIRST READING this ~_ day of
,2007.
3
SECOND, FINAL READING and PASSAGE this _ day of
.2008.
4
CITY OF BOYNTON BEACH, FLORIDA
5
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20 ATTEST:
21
22
23 Janet M. Prainito, CMC
24 City Clerk
25
26
27 (Corporate Seal)
28
Mayor ~ Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L Hay
Commissioner - Marlene Ross
S:\CAIOrdinances\Planning\Land Use\Ticket Clinic.doc
, I
1 ORDINANCE NO. 07-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF TED HOLLANDER,
6 AMENDING ORDINANCE 02-013 TO REZONE A
7 PARCEL OF LAND LOCATED AT 3349 NORTH
8 FEDERAL HIGHWAY, SOUTH OF TURNER
9 ROAD ON THE EAST SIDE OF FEDERAL
10 HIGHWAY, AS MORE FULLY DESCRIBED
11 HEREIN, FROM GENERAL COMMERCIAL (CG)
12 (PALM BEACH COUNTY) TO COMMUNITY
13 COMMERCIAL (C-3); PROVIDING FOR
14 CONFLICTS, SEVERABILITY, AND AN
15 EFFECTIVE DATE.
16
1 7 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
18 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;
19 and
20 WHEREAS, Jer Enterprises, LLC, owner of the property located at 3349 North
21 Federal Highway, south of Turner Road on the east side of Federal Highway in Boynton
22 Beach, Florida, as more particularly described herein, has filed a Petition, through its agent,
23 Bradley Miller of Miller Land Planning Consultants, Inc., pursuant to Section 9 of Appendix
24 A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of
25 rezoning a parcel of land, said land being more particularly described hereinafter, from
26 General Commercial (CG) (Palm Beach County) to Community Commercial (C-3); and
2 7 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
3 0 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 :ICA 10rdinanceslPlanninglRezoninglRezoning -Ticket Clinic.doc
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the public hearing heretofore referenced; and
WHEREAS, the City Commission deems it in the best interests of the inhabitants of
said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2.
The following described land located at 3349 North Federal Highway,
south of Turner Road on the east side of Federal Highway in Boynton Beach, Florida, as set
forth as follows:
Lots 2 and 3 less the westerly 17 feet thereof, Kings Subdivision,
according to the Plat thereof, as recorded iI! Plat Book 20, Page 47,
of the Public Records of Palm Beach County, Florida.
CONTAINING 0.37 ACRES (16,088 Sq. Ft.) OF LAND.
Subject to easements, restrictions, reservations, covenants and
rights-of-way of record.
be and the same is hereby rezoned from General Commercial (CG) (Palm Beach County) to
Community Commercial (C-3). A location map is attached hereto as Exhibit "A" and made a
part ofthis Ordinance by reference.
Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
accordingl y.
Section 4. All ordinances or parts of ordinances III conflict herewith are hereby
271 repealed.
I
281 Section 5. Should any section or provision of this Ordinance or any portion thereof
I
! S:\CA\Ordinances\PlanningIRezoning\Rezolling -Ticket Clinic.doc
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1 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
2 the remainder of this Ordinance.
4
3 Section 6. This ordinance shall become effective immediately upon passage.
FIRST READING this _ day of
,2007.
5
SECOND, FINAL READING and PASSAGE this _ day of
,2008.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
ATTEST:
Commissioner - Marlene Ross
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S:ICA 10rdinanceslPlanninglRezoninglRezoning -Ticket Clinic.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:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 07-123
Chair and Members
Planning & Develop~t l}o_aJd and City Commission
'tttlV r
Gabriel Wuebben
Planner ... .-4
'/ ()0
Michael W. Rumpf L/!_
Director of Planning and Zoning
November 7, 2007
Ticket Clinic /(ANEX 07-001) (LUAR 07-005)
To annex a 16,088 square foot (0.37-acre) parcel, to reclassify
land use to Local Retail Commercial (LRC), and to rezone to C-3,
Community Commercial.
PROJECT DESCRIPTION
Jer Enterprises, LLC
Mr. Ted Hollander / Bradley Miller, Miller Land Planning
Consultants Inc.
3349 North Federal Highway, south of Turner Road on the east
side of Federal Highway, (see Exhibit "A" - Location Map)
16,088 square feet (0.37 acre)
CHIS Commercial High (Palm Beach County)
CG General Commercial (Palm Beach County)
Local Retail Commercial (LRC)
C-3, Community Commercial
The applicant intends to refurbish the existing building, improve
the parking and landscaping, and use the existing structure for
professional offices. A site plan application has been filed and is
currently under review.
Page 2
Ticket Clinic
ANEX 07-001 and LUAR 07-005
Adjacent Uses:
North:
Developed commercial property classified in Palm Beach County
as Commercial High (CH5), and zoned as General Commercial
(CG) in Palm Beach County (J&L new Antiques and Outdoor
Patio);
South:
Undeveloped residential property recently approved as Tuscan
Villas, classified as Special High-density Residential (SHDR) land
use and zoned Infill Planned Unit Development (IPUD);
East:
Developed single-family residential subdivision (Tradewinds
Estates) classified in Palm Beach County as Medium Density
Residential (MR-5), and zoned Single-Fami!y Residential (RS) in
Palm Beach County; and
West:
Right-of-way for Federal Highway, then farther west is property
classified as Special High Density Residential (SHDR) and zoned
Planned Unit Development (PUD), approved for 109 townhomes
(forthcoming Gulfstream Gardens II project).
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation / land use amendment / rezoning for
the following reasons:
1. The requested annexation is consistent with the objectives of the City's annexation
program, which emphasizes the annexation of enclaves, and relevant policies in the
Comprehensive Plan;
2. The requested land use and zoning are consistent with respective current designations
in unincorporated Palm Beach County;
3. The request will not create additional impacts on infrastructure that cannot be
accommodated by the City at present;
4. The requested land use and rezoning will provide the opportunity to return a blighted
and derelict property into an appealing, code-compliant site (NWSP 07-009) at the
southern gateway to Boynton Beach; and,
5. The requested change would help to further provide an economic contribution to both
the neighborhood and to the City.
Page 3
Ticket Clinic
ANEX 07-001 and LUAR 07-005
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject annexation I land use amendment I
rezoning were mailed a notice of this request and its respective hearing dates. The applicant
certifies that they posted sign age and mailed notices in accordance with Ordinance No. 04-007.
PROJECT ANALYSIS
The parcel which is the subject of this request for annexation, land use amendment, and
rezoning totals 16,088 square feet or 0.37 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 site is currently developed 'v'vith a
one (l)-story, 2,400 square foot commercial building and an existing asphalt parking lot.
Previously, Gulfstream Carpet occupied the site, however, the business is no longer active, and
the building has been unoccupied for several months.
The proposed land use amendment I rezoning application is being reviewed concurrently with
an accompanying request for annexation. The subject property's current land use classification
is Commercial High with underlying Medium Density Residential of five (5) dwelling units per
acre (Palm Beach County CHIS). The applicant is requesting to annex into the City to utilize the
Local Retail Commercial (LRC) land use classification and the Community Commercial (C-3)
zoning district. The proposed land use classification (LRC) is the city's equivalent to the
County's CHIS land use classification, in terms of the allowable uses and respective intensities.
Therefore, the requested land use amendment I rezoning application meets the conditions
specified in Chapter 2, Section 9.C.2(2) of the Land Development Regulations stipulating that in
cases of annexation in which the Future Land Use and Zoning classifications of applicant Palm
Beach County properties are consistent with Future Land Use and Zoning classifications in the
City's Comprehensive Plan, the standard criteria for qualifying the change in Land Use and the
Rezoning maintained in Chapter 2, Section 9.C.7, shall not be applied. Since this is the case,
the request is relatively straightforward and would not require an evaluation of the eight (8)
criteria against which rezoning applications are normally reviewed, as outlined in Chapter 2,
Section 9.C. 7 of the Land Development Regulations. Instead, staff analysis will relate to
consistency with other relevant portions of the Comprehensive Plan, the city's annexation
policy, service capability, and the conforming I non-conforming status of the property and uses.
The only policy in the Comprehensive Plan that would be pertinent to this request for
annexation I land use amendment I rezoning would be Policy 8.1004, which states the
following:
8.10.4: The City shall coordinate with Palm Beach County regarding the prevention of
enclaves, pockets, or other undesirable land configurations adjacent to, or in the
proximity to, corporate limits, prior to annexation of any parcels into the City.
The annexation of the subject property will further the efforts to annex enclaves and pockets as
promoted by the county and practiced by the City. Currently, objectives of the City's
annexation policy include annexing all enclaves and pockets less than 10 acres, and to
Page 4
Ticket Clinic
ANEX 07-001 and LUAR 07-005
incrementally annex enclave and pocket properties with the intent to reducing them below the
lO-acre threshold. Therefore, the annexation of this parcel is consistent with the only policy
within the Comprehensive Plan regarding annexation.
Existing land uses along the U.S. 1 frontage are predominately retail; therefore a Local Retail
Commercial (LRC) land use designation and Community Commercial (C-3) zoning category are
appropriate, both for lots which are presently in the City, and for those which will be annexed.
The subject property lies within Planning Area V as designated in the Federal Highway Corridor
Community Redevelopment Plan. Area V contains a mix of land uses, including commercial
uses, on small parcels. The residential nature of Planning Area V is to be preserved according
to the Federal Highway Redevelopment Plan, which serves as the foundation for the creation of
the Infill Planned Unit Development zoning district. However, although residential uses are
encouraged in the redevelopment of Planning Area V, the subject property is insufficient in size
to support a residential project.
In connection with previous annexation studies, city departments most affected by annexations
(e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability
and costs. All opinions previously collected from these departments supported the incremental
annexation of enclaves. These opinions have been based on the following:
1. The enclaves are all immediately adjacent to areas within the city that currently receive
urban services;
2. Ample service capacity exists to serve adjacent unincorporated properties; and
3. Most enclaves currently receive service from the city via the mutual aid agreement
(Police and Fire j EMS only);
With respect to impact upon roadways, the Palm Beach County Traffic Division has yet to
review the project to confirm that it meets Traffic Performance Standards of Palm Beach
County. The applicant must provide evidence of Traffic Concurrency prior to ordinance
adoption.
The Police and Fire Departments report that this project has been reviewed for potential service
impacts and availability, and based on the proposed use, office jprofessional space, it has been
determined that services allocated to, or existing within the area are adequate to proVide the
project with a necessary level of service.
With respect to the status of the site and any existing or proposed uses, the property appears
to have been abandoned for some time. This conclusion is based on the lack of property
maintenance, the dilapidated condition of the existing building, and lack of intact site and
building signage. The site generally conforms to the City's site regulations including minimum
lot area and frontage, as indicated by the survey and other site plan documents simultaneously
submitted for new site plan approval (NWSP-07-006). There is however, a site sign proposed
for the project that would not conform to the city's sign regulations with respect to maximum
height and minimum setback. The proposed sign is actually in place, and staff understands that
it was the subject of a county sign permit. However, staff also understands that its current
location is inconsistent with the corresponding permit, and that it may have been initially
Page 5
Ticket Clinic
ANEX 07-001 and LUAR 07-005
planned for an existing sign structure located at the southwest corner of the property. Instead,
it was erected with a new structure just north of the existing driveway with the intent that its
placement would be followed-up with a corresponding amendment to the sign permit.
The City's sign regulations (Part 3, Chapter 21) require that all non-conforming signs annexed
into the city be brought into compliance within 6 months of annexation. However, given the
lack of county approval, and since the request for annexation is being accompanied by a
request for site plan approval, the sign has no official pre-existing status and should therefore
be brought into compliance with city regulations as a condition of annexation. In addition to
providing a sign that complies with the City's height and setback standards, it should also be
modified to provide a color scheme and letter size that is more compatible with the vision for
the corridor, which in part, is represented by the existing and proposed residential projects
along the corridor. More recently approved signage in this area along Federal Highway is
typically constructed of decorative stone and brick, with stylized lettering and an emphasis on
aesthetic quality. Existing signs in the corridor represent a combination of a variety of old
commercial signs, most of which were recently identified by the County as part of a non-
conforming sign study, and new residential signage that is consistently seen as part of entry
walls and other features, using block and stucco, tile, scoring, channel letters and external
illumination. Although commercial developments typically do not present the same opportunity
for highly stylized signage, the City should attempt to maintain a minimum standard with
respect to the quality of signage permitted. Staff recommends that the applicant revisit the
design of the sign face in an effort to bring the proposed signage more in line with that of the
surrounding area, with particular emphasis on colors and lettering (For additional information
on this sign, see Exhibit "C" - Conditions of Approval, Exhibit "D" - Federal Highway Signage
Examples, and the staff report for the corresponding site plan application).
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; would
not create additional impacts on infrastructure that have not been anticipated in the
Comprehensive Plan; would be compatible with adjacent land uses and would contribute to the
overall economic development of the City. Therefore, staff recommends that the subject
request be approved. If additional conditions of approval are recommended by the Community
Redevelopment Agency Board or required by the City Commission, they will be included as
Exhibit "C" - Conditions of Approval.
ATTACHMENTS
S:\Planning\SHARED\WP\PROJECTS\Ticket Clinic\LUAR 07-005\Staff Report - Ticket Clinic LUAR.doc
Ticket Clinic - Exhibit "A" - Site Location Map
3349 N. Federal Hwy. - ANEX 07-001/LUAR 07-005
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EXHIBIT "C"
Conditions of Approval
Project name: Ticket Clinic
File number: ANEX 07-001/LUAR 07-005
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None - X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
Conditions of Approval
2
PLANNING AND ZONING
Comments:
1. All signage must be approved concurrent with the request for Annexation X
and Land Use/Rezoning, in conjunction with site plan approval. Ultimate
signage must be reduced in maximum height from the reported 14' to 8',
and shall be setback a minimum of ten-feet (10') from any property
boundary.
2. The applicant shall modify the proposed sign colors and lettering to X
improve aesthetic compatibility with new signage in the corridor. Staff
recommends that the sign be occupied predominantly by muted colors,
more subtle copy, with the corporate colors being limited to a smaller
portion (approx. 20%) of the sign. Further, staff recommends the use of
block and stucco, tile, sconng, channel letters, stone and/or other
materials to achieve compatibility with the intended appearance of the
corridor. The intent of this condition may also be satisfied through the use
of other materials applying a faux design concept to meet the appearance
objective.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
I
Comments:
1. None X I
I
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 1. To be determined. I I I
S:\PlanningISHARED\ WPIPROJECTSITicket CliniclLUAR 07-00SICOA Ticket Clinic.doc
Exhibit "D" - Federal Highway Signage Examples
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27, 2007
4. Approval of Minutes.
Motion
Ms. Jaskiewicz moved approval of the minutes. Ms. Grcevic seconded the motion that
passed unanimously.
s. 'Communications and Announcements
A. Planning and Zoning Report
Final disposition of the October 23, 2007 Planning and Development Board
meeti ng agenda items.
Ed Breese, Principal Planner, announced the City Commission approved items from the
last board meeting including the Brisson pool variance and the Pylon Interstate Plaza
conditional use and height exception. The City Commission tabled the Cortina Site Plan
extension, pending review of the problems relating to blowing sand, the fence
screening and temporary landscaping. Mr. Breese indicated there would be no meeting
in December 2007 unless toe board took action to the contrary.
It was noted there was no need for a motion to accept the report.
Acting Chair Casaine welcomed Mayor and Mrs. Taylor, Commissioner Weiland and
Commissioner Hay, seated in the audience.
6. Old Business
Evaluation and Appraisal Report (EAR) - based Comprehensive Plan
Amendments Status Report
Mr. Breese noted Hanna Matras, Economic Planner, had previously provided the board
with an update on the matter. She also provided a status as to the elements requiring
minor changes and those undergoing extensive rewriting. The board would be receiving
a complete package of the proposed EAR-based amendments to the Comprehensive
Plan in early 2008. The EAR was required to be submitted to Tallahassee in the
summer of 2008.
7. New Business
A. Ticket Clinic
Annexation
2
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27,2007
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Ticket Clinic (ANEX 07-001)
Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
Jer Enterprises, LLC
3349 North Federal Highway (South of
of Turner Road on the east side of Federal
Highway)
Request to annex the subject property
(0.37 acres)
Ticket Clinic
Land Use Plan Amendment/Rezoning
2.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Proposed Use:
Ticket Clinic
New Site Plan
3.
PROJECT:
AGENT:
OWNER:
LOCATION:
Ticket Clinic (LUAR 07-005)
Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
Jer Enterprises, LLC
3349 North Federal Highway (South of
of Turner Road on the east side of Federal
Highway)
Request to amend the Comprehensive Plan
Future Land Use Map from CHIS Commercial
High/with underlying medium density
residential of S du/ac (Palm Beach County)
to Local Retail Commercial LRC; and
Request to rezone from CG General
Commercial (Palm Beach County) to C-3
Community Commercial.
Professional Office
Ticket Clinic (NWSP 07-006)
Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
Jer Enterprises, LLC
3349 North Federal Highway (South of
of Turner Road on the east side of Federal
Highway)
3
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27, 2007
DESCRIPTION:
Request for new site plan approval for the
redevelopment of a 2,400 square foot
commercial structure and related site
improvements on 0.37 acres to be rezoned
C-3, Community Commercial.
Mr. Breese suggested all four items, Annexation, Land Use Plan Amendment, Rezoning
and the New Site Plan, be discussed collectively. However, each item would require
separate motions upon the conclusion of discussion. The board concurred.
Attorney Alexander administered the oath to all who would be testifying.
Bradley Miller, Miller Land Planning Consultants, Inc., 420 West Boynton Beach
Boulevard, advised he represented the applicant for all four items.
Mr. Breese provided a brief PowerPoint presentation on the four items being
considered. The property was located on the east side of Federal Highway, just south
of Turner Road. Adjacent uses included: To the north, developed commercial property
within Palm Beach County; to the south, a City-approved project for 22 town homes
(Tuscan Villas); to the west, right-of-way for Fede[al Highway; and to the east, a
residential subdivision (Tradewinds Estates).
As noted, the applicant was requesting the following: (1) annexation of the 0.37 acre
parcel; (2) a change in land use from County CHIS, which was Commercial High, to a
Local Retail Commercial (LRC) within the City; (3) a change in zoning from CG General
Commercial in the County, to C-3 Community Commercial within the City; and (4) a site
plan approval for building and site improvements for a 2,400 square foot structure. The
applicant proposed to improve the existing structure with architectural details, paint,
awning, decorative shutters and the removal of an overhead door installed by the
previous tenant. Improvements were also anticipated to the parking lots, drainage
system, and a six-foot buffer wall against the residentially-zoned properties.
The 14-foot high monument sign on the property did not conform to the City's Sign
Code, which only allowed 8 feet in height. The sign also encroached into the City's
mandatory setback, which was within five feet from the front property line, rather than
the minimum ten feet required. The City's Sign Code required all non-conforming signs
annexed into the City be brought into compliance within six months. The sign appeared
to have no preexisting approval at the County level, and staff recommended it be
brought into compliance as a condition of the annexation. Existing signs along the
corridor represented a combination of commercial signs from the 1950s and 1960s, as
well as a . new mix of signs for the projects that had been approved on south Federal
Highway. These consisted of stucco, tile, channel letters and external illumination. The
4
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27,2007
City wished to proceed in this direction, rather than continue with the raised, internally
illuminated signs.
Staff recommended approval of the annexation, land use amendment and rezoning as
the annexation was consistent with the objectives of the City's annexation program, the
land use and rezoning were consistent with respective current designations in Palm
Beach County, and the request would not create additional impacts on infrastructure
that could not currently be accommodated by the City. Additionally, staff recommended
approval of the site plan, subject to the conditions of approval noted.
Mr. Miller advised he provided the City with an alternative plan proposing to relocate
and lower the sign in order to meet the height and setback requirements. He provided
a brief PowerPoint presentation with regard to the alternative plan. The sign appeared
to be stark, but this would change as the site was developed. Mr. Miller and his clients
had issues with condition #2 of the land use amendment and rezoning, and condition
#27 of the site plan, which he contended called for the creation of a residential sign for
a commercial project. They agreed to shift the sign to meet the lO-foot setback
requirement, and to reduce the height to meet the 8 foot requirement. He noted the
importance of the sign face in terms of visibility. In addition to the annexation, land
use amendment, rezoning and site plan approval, they requested the board consider
eliminating condition #2 of the land use amendment and rezoning, and condition #27
of the site plan.
Ms. Jaskiewicz commented on the garishness of the colors and cluttered wording on the
sign. Mr. Miller contended the City required the sign indicate the nature of the business,
and the colors were the corporate colors of the business.
Mr. Breese advised staff did receive the alternative plan referred to by Mr. Miller. Staff
preferred to have the sign mirror the colors on the building rather than having
randomly-selected colors. In considering the appearance of a corridor, staff determined
the color and style desired. Muted, soft earth-tone colors were selected, which were
residential in nature and predominant in the redevelopment of South Federal Highway.
Acting Chair Casaine inquired whether staff would consider an exception. Mr. Breese
replied staff might allow some variation but he did not believe the internally-illuminated
plastic sign face would be the direction in which the City wished to proceed with the
Federal Highway corridor. He added modifications could be made to the sign which did
not require it to be completely rebuilt. The sign could be designed to appear as though
it was a tile type sign, rather than a metal-type of sign with a plastic face. Mr. Miller
remarked the base of the sign would be obscured by the landscaping, and would tie
into the color of the building.
5
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27, 2007
Acting Chair Casaine invited public comments. No one having come forward, public
comments were closed.
Mr. Blehar indicated he would not be inclined to vote in favor of the exception
requested by the presenter. The nature of the business could be promoted through
radio advertising, and the name on the sign would immediately indicate the nature of
the business. The mere fact that other unattractive signs adorned Federal highway was
not justification for adding another unsightly sign.
Mr. Lis observed the address for the property was in Delray Beach. Mr. Miller advised
the property was not contiguous to Delray Beach but was contiguous to Boynton Beach.
Upon annexation, the property would be redefined to a Boynton Beach address. Mr.
Miller's client did not wish to develop the property in Delray Beach as the County's
regulations were more onerous than those of Boynton Beach. Mr. Lis objected to the
signage as proposed. He believed the sign was too yellow and the wording should be
limited to the name of the business.
Mr. Saberson agreed with the board's comments pertaining to signage and believed the
board should accept staffs recommendation.
Ms. Jaskiewicz believed the building itself would be more compatible and aesthetically
pleasing in an earth tone and believed the sign was garish. Aside from the sign, she
believed the project was a good one.
Mr. Miller advised the color of the sign was based on the standard yellow traffic
signage.
Mr. Miller indicated a modification of the sign represented a hardship to the applicant,
as the sign face would have to be removed, at great expense.
Ms. Grcevic inquired whether the business was part of a franchise. Mr. Miller replied he
did not know whether they were franchised, but they had multiple offices, and the signs
incorporated the colors presented.
Staff recommended approval with conditions #2 and #27 as noted pertaining only to
the lettering and color of the sign. Mr. Miller advised the applicant objected to
conditions #2 and #27, but was in agreement with all other conditions.
6
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27, 2007
Motion
Ms. Jaskiewicz moved to approve the request to annex the subject property (0.37
acres) into the City, subject to the conditions of approval in Exhibits E. Mr. Saberson
seconded the motion that passed unanimously.
Motion
Ms. Jaskiewicz moved to approve the request to amend the Comprehensive Plan Future
Land Use Map from CH/5 Commercial High/with underlying medium density residential
of 5 du/ac (Palm Beach County) to Local Retail Commercial LRC, subject to all
conditions of approval recommended by staff. Ms. Grcevic seconded the motion that
passed unanimously.
Motion
Mr. Saberson moved approval of the requested rezoning, subject to all staff-
recommended conditions. Ms. Jaskiewicz seconded the motion that passed
unanimously.
Motion
Mr. Saberson moved approval of the requested site plan approval, subject to all staff-
recommended conditions. Ms. Jaskiewicz seconded the motion that passed
unanimously.
B. Ocean Drive Hotel
Zonina Code Variance
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Proposed Use:
Ocean Drive Hotel (ZNCV-08-001)
Bonnie Miskel, Lauren Lending
Boynton Holdings, LLC
North side of Ocean Drive, approximately
500 feet east of Congress Avenue
Request for relief from the City of Boynton
Beach Land Development Regulations,
Chapter 2/ zoning, Section 6.C.3, Community
Commercial zoning district, to allow a variance
of 19 feet, and a building height of 64 feet.
Hotel
7
VIII.-PUBLIC HEARING
ITEM E.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Tumed
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[:8J December 18,2007 December 3, 2007 (Noon) D February 19,2008 February 4, 2008 (Noon)
D January 2, 2008 December 17, 2007 (Noon) D March 4, 2008 February 19, 2008 (Noon)
D January 15,2008 December 31,2007 (Noon) D March 18, 2008 March 3, 2008 (Noon)
D D (:.-="
February 5, 2008 January 14, 2008 (Noon) April 1, 2008 March 17,2008 (Noon)
.;.--'
D D ~)
AnnouncementslPresentations City Manager's Report C~'
NATURE OF D Administrative D New Business --
AGENDA ITEM D Consent Agenda D Legal f'::
D Code Compliance & Legal Settlements D UnfInished Business C::,
[:8J Public Hearing D
RECOMMENDATION: Please place this request on the December 18,2007 City Commission Agenda under
Public Hearing with the corresponding items for annexation, land use amendment and rezoning. The Planning and
Development Board heard the request on November 27,2007. So that fInal approval of the annexation and land use and
zoning changes precede consideration of the corresponding site plan request, staff recommends that this item be heard in
conjunction with the annexation, land use and rezoning items, but tabled to the January 2,2008 meeting for fInal action to
follow ordinance approval. For further details pertaining to this request, see attached Department Memorandum No. 07-124.
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EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Ticket Clinic (NWSP 07-006)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Jer Enterprises, LLC
3349 Federal Highway (East side of Federal Highway, north of Gulfstream Boulevard)
Request for new site plan approval for the redevelopment of a 2,400 square
foot commercial structure and related site improvements on 0.37 acres to be
rezoned C-3, Community Commercial.
~
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES:
City Manager's Signature
Assistant to City Manager CfY4.-/
'Ir7 L
!~/J ~
Planning & Zo . ;gDirector City Attorney / Finance
S:IPlanningISHARED\WPIPROJECTSITicket ClinicINWSP 07 -006IAgenda Item Request Ticket Clinic NWSP 07-006 12-18-07.doc
S:\BULLET1NIFORMSIAGENDA ITEM REQUEST FORM.DOC
TO:
THRU:
FROM:
DATE:
PROJECT NAME/NO:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-124
STAFF REPORT
Chair and Members
Planning & Develop~ent Board and City Commission
'1 JV
Michael Rumpf t~, .
Planning and Zoning Director
Gabriel Wuebben ).1~
Planner [,N""
November 9, 2007
Ticket Clinic / NWSP 07-006
New Site Plan Approval
PROJECT DESCRIPTION
Property Owner:
Applicant:
Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
Jer Enterprises, LLC
Mr. Ted Hollander
Mr. Bradley Miller, Miller Land Planning Consultants, Inc.
3349 North Federal Highway (south of Turner Road on the east side of
Federal Highway) (see Location Map - Exhibit "A'')
CHIS Commercial High (Palm Beach County)
CG General Commercial (Palm Beach County)
Local Retail Commercial (LRC)
C-3, Community Commercial
The applicant intends to refurbish the existing building, improve parking
and landscaping, and use the existing structure for professional offices.
16,088 square feet (0.37 acre)
Developed commercial property classified in Palm Beach County as
Commercial High (CHS), and zoned as General Commercial (CG) in Palm
Beach County (J&L new Antiques and Outdoor Patio);
Undeveloped residential property recently approved as Tuscan Villas,
classified as Special High-density Residential (SHDR) land use and zoned
Staff Report - Ticket Clinic (NWSP 07-006)
Memorandum No PZ 07-124
Page 2
Infill Planned Unit Development (IPUD);
East:
Developed single-family residential subdivision (Tradewinds Estates)
classified in Palm Beach County as Medium Density Residential (MR-5),
and zoned Single-Family Residential (RS) in Palm Beach County; and
West:
Right-of-way for Federal Highway, then farther west is property classified
as Special High Density Residential (SHDR) and zoned Planned Unit
Development (PUD), approved for 109 townhomes (forthcoming
Gulfstream Gardens II project).
PROPERTY OWNER NOTIFICATION
All property owners within 400 feet of the subject property were mailed a notice of this request for a major
site plan modification and its respective hearing dates per the Applicant who has certified that the required
signage was posted and notices mailed in accordance with Ordinance No. 04-007. The applicant also
spoke personally with the two property owners adjacent to the east of the subject property, and noted
individual concerns with respect to the project. The only complaint was that the existing site has in the
past flooded the neighboring residential properties. The concerned property owner was reportedly
relieved to learn that the proposed project will remedy all past and existing drainage issues with the
creation of an on-site dry detention basin.
Site Location:
The subject property is located approximately 100 feet south of Turner Road on the
east side of North Federal Highway near the southern City limits. Located within
Planning Area V of the Community Redevelopment Area Plan, this area serves as a
gateway into the City. According to the survey, the site consists of Lots 2 and 3
less the Westerly 17 feet thereof, of King's subdivision (Plat Book 20, Page 47) and
totals 16,088 square feet (0.37 acre).
The subject site fronts and accesses North Federal Highway to the west. The site
is currently developed with a one (l)-story, 2,400 square foot commercial building
and an existing asphalt parking lot. Previously, Gulfstream Carpet occupied the
site, however, the business is no longer active, and the building has been
unoccupied for several months.
BACKGROUND
Proposal:
Mr. Bradley Miller, Miller Land Planning Consultants, Inc., agent for the property
owner, is currently requesting annexation (AN EX 07-001), land use amendmentfrom
CHIS (PBC) to LRC, and a rezoning from CG (PBC) to C-3 (LUAR 07-005) for Lots 2
and 3 less the Westerly 17 feet thereof, of King's subdivision (Plat Book 20, Page 47).
Mr. Miller is simultaneously requesting a new site plan approval to convert the use of
the existing building from retail to a professional/office space. The proposed office
space would be a permitted use in the C-3 zoning district.
The project includes interior building renovations and extensive exterior
improvements. Proposed lot coverage is 2,400 square feet, or 15%, of the existing
site.
Staff Report - Ticket Clinic (NWSP 07-006)
Memorandum No PZ 07-124
Page 3
The site is considered nonconforming with respect to landscaping requirements. The
proposed site improvements will bring the site fully up to Code with the installation of
a great deal of landscape material. The applicant will also make dramatic
improvements in the overall functionality and aesthetic appeal of the property by
adding architectural interest and detail to the building, providing parking designated
for handicap use, creating a landscaped dry detention area, and constructing a
screened waste disposal area to conceal a roll-out waste disposal cart and a lift
station.
ANALYSIS
Concurrency:
Traffic:
The applicant has indicated that a traffic statement for this project was submitted
and sent to the Palm Beach County Traffic Division for their review and approval.
No building permits will be issued until receipt of concurrency approval from Palm
Beach County (see Exhibit "C" - Conditions of Approval).
Utilities:
The applicant is to submit a timeline indicating clearly when water and sewer
service will be needed to serve the proposed project. This timeline will be used to
confirm the adequacy of water and wastewater treatment capacity for the proposed
project. (see Exhibit "C" - Conditions of Approval).
Fire I Police:
Police and Fire have reviewed the site plan and determined that emergency
services are available to the proposed project with an appropriate response time.
Emergency service providers expect to be able to utilize their current or anticipated
resources to maintain an adequate level of service for the proposed project.
Drainage:
Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual information to be adequate and is
recommending that the review of specific drainage solutions be deferred until time
of permit review (see Exhibit "C" - Conditions of Approval).
Driveways:
The site to be redeveloped is accessible from Federal Highway. The proposed
redevelopment includes modifying the existing curb cut into a single curb cut
permitting access to the property. Staff has reviewed the proposed entrance
driveway for width requirement and safe-sight triangle compliance, and find the
design compatible with standards.
Parking:
The proposed office use requires 1 (one) parking space per 300 square feet of
gross floor area. With a maximum enclosed building area of 2,400 square feet (as
proposed), a total of eight (8) parking spaces are required. The proposed site plan
includes nine (9) parking spaces on site, with 1 space designated for handicap use
as required by ADA standards. The applicant proposes to remove the existing
asphalt parking surface, replace it with new asphalt, and provide parking stalls at
three locations on the site; three spaces in front, three space at the northwest
corner of the property, and three spaces at the rear of the building, with 1 of the
spaces designated for handicap use (van accessible space with loading/unloading
area). The parking stalls, excluding the accessible space, would be dimensioned
Staff Report - Ticket Clinic (NWSP 07-006)
Memorandum No PZ 07-124
Page 4
nine and one half (9.5) feet in width and eighteen and one half (18.5) feet in length
and include wheelstops. All proposed parking stalls, including the size and location
of the accessible space, were reviewed and approved by both the Engineering
Division and Building Division. In addition, all necessary traffic control signage and
pavement markings will be provided to clearly delineate areas on site and direction
of circulation.
Landscaping:
The site plan tabular data indicates that the proposed open space or "pervious"
area would be 6/248 square feet, or 39% of the total lot area. Proposed
landscaping exceeds the minimum requirements in an effort to provide a more
natural outdoor setting. A total of 20 square feet of landscaping is required per
parking space (a total of 180 square feet of landscaped area is required and
provided). In addition, one (1) tree is required per ten (10) parking spaces (1 tree
is required and provided). Fifty percent (50%) of site landscape materials must be
native species and must be indicated on the landscape plan as such (see Exhibit
"C" - Conditions of Approval).
The proposed landscaping vastly improves upon the existing, inadequate site
conditions. The site plan provides extensive greening of the frontage along Federal
Highway. As the entirety of existing asphalt will be removed and repaved to form
the new parking area, the applicant has integrated the landscape plan with
proposed paved areas to maximize softening of the proposed development while
maintaining functionality. Along the northern property line, the proposed project
maintains a minimum two and one half foot (2.5') landscape buffer. Along the
eastern and southern property lines, the proposed landscape buffer expands to a
minimum of five feet (5')/ and the buffer is maintained at ten feet (10') at the
southwestern property line. In addition to the landscape buffer, the applicant has
minimized impact on neighboring residential uses through the proposed
construction of a six foot (6') buffer wall. Within this buffer area there is required
one (1) tree every 30 linear feet, and a continuous hedge planted at a minimum of
24 inches in height with tip-to-tip spacing. The buffers will support buttonwood,
orange geiger, and hi-rise oak trees. Shrub species would include cocoplum, green
buttonwood, firebush, dwarf i1ix/ and carolina laurel cherry. The applicant has also
provided the required signature trees at the entrance to the site (tibouchina
granulosa).
Staff has worked closely with the applicant to address the City's concerns with
landscaping and water conservation. The applicant has eliminated large swaths of
sod and replaced them instead with mulch and drought-tolerant plantings. In
particular, the applicant eliminated a significant amount of sod surrounding the dry
detention basin, opting for a mixture of drought-tolerant wildflowers, which
balances the City's desire for aesthetic quality with soil stabilization and water
conservation. Staff recommends that the applicant exercise the same design
principles with respect to existing minor swaths of sod, particularly those in the
northern and northwestern areas of the site (see Exhibit "C" - Conditions of
Approval).
Building Design: Currently a vacant, nondescript building sits in the middle of the site. The
proposed plans call for upgrades to the exterior of the building, including new
Staff Report - Ticket Clinic (NWSP 07-006)
Memorandum No PZ 07-124
Page 5
windows, doors, light fixtures, canvas awnings, and decorative shutters. The
applicant will also remove a large, overhead door from the north fa<;ade of the
existing structure. The building complies with all applicable setback regulations. It
maintains a front setback of 53' (20' required), a rear setback of 43' (3D' required),
and side setbacks of 15' and 45' (is' required). The shortest distance between the
building and a neighboring property is at the southern property line where a 15-
foot (15') setback is to be maintained. The proposed development will be buffered
from the neighboring residential project by a buffer ranging in width from five (5)
to ten (10) feet as well as a six-foot (6') high masonry wall.
The building and site design as proposed would generally meet all code
requirements when staff comments are incorporated into the permit drawings.
Height:
The existing building will remain as a one (i)-story structure. The maximum height
allowed in the C-3 zoning district is forty-five (45) feet. The elevations indicate the
proposed building improvements are a total of fifteen and one half (15.5) feet in
height at the highest point.
lot Coverage:
The maximum allowable lot coverage in the C-3 zoning district is 40%. The total
lot coverage proposed is 15% which includes all areas covered by a building or
roofed area.
Col9rs:
The elevation plan indicates the proposed exterior color of the building to be yellow
("Afternoon" - Sherwin Williams #6675) with off-white trim ("Morning Sun" -
Sherwin Williams #6672). Doors are to be clear glass. White-trimmed windows
are proposed, with black aluminum decorative shutters. Per Chapter 9, Community
Design Plan, of the Land Development Regulations, Section 9.A., buildings,
structures and site elements shall be in visual harmony with surrounding
developments. The proposed building color is considered compatible with
surrounding development.
Signage:
There are two signs proposed for the project. The first is a wall sign attached to
the pitched roof of the existing building. The second sign is the recently
redesigned monument sign at the project entrance. Signs, in general, shall be
designed and treated as part of the architecture of the building as required by the
Land Development Regulations, Chapter 9, Section 10(1)(1), and evaluated during
the site plan review process.
The wall sign ("The Ticket Clinic'') would be placed over the front windows shown
on the west elevation, facing Federal Highway. The sign would be made of
individually illuminated channel letters and the Ticket Clinic corporate logo on a
raceway bracket. The lettering and logo would be 22 inches in height, 21 feet 10
inches in length, and 5 inches in depth. The permitted and proposed square
footage of the wall signage is forty square feet. All project signage is to be
indicated on the elevations and must be reviewed by staff for compliance with the
maximum square footage allowed based on linear feet of building wall on the west
fa<;ade, which is forty feet (see Exhibit "C" - Conditions of Approval). All proposed
wall signage must comply with the area limitations as set forth in Chapter 21,
Article IV, Section 2.C of the Land Development Regulations.
Staff Report - Ticket Clinic (NWSP 07-006)
Memorandum No PZ 07-124
Page 6
wall signage must comply with the area limitations as set forth in Chapter 21,
Article IV, Section 2.C of the Land Development Regulations.
Staff has also reviewed the existing monument sign. The sign stands at fourteen
(14) feet in height. This is in severe conflict with the maximum monument sign
height of eight (8) feet per the City's sign code. Staff has recommended that the
applicant eliminate the lower six (6) feet of the existing base in order to bring the
height of the proposed sign into compliance with City regulations. The sign also
encroaches into the City's mandatory setback for monument signs. The front edge
of the monument sign sits approximately five (5) feet back from the front property
line, as opposed to the mandatory ten (10) feet required by City regulations. The
applicant must resolve these two major issues regarding the monument sign as a
condition of approval (see Exhibit "C" - Conditions of Approval). Finally, the sign is
an internally-illuminated, double-sided cabinet sign with pan embossed, or raised
copy. Lettering is dramatic in color, with large, bright yellow and red backgrounds
juxtaposed with a stark, black background and similarly colored block lettering.
Existing signs in the corridor represent a combination of a variety of old commercial
signs, most of which were recently identified by the County as part of a non-
conforming sign study, and new residential signage tbat is consistently seen as part
of entry walls and other features, using block and stucco, tile, scoring, channel
letters and external illumination. Staff recommends that the applicant reconsider
the color and lettering scheme of the monument sign for greater compatibility with
the newer signage in the area and the City's vision for the corridor. This could
include muted coloring, more subtle copy, and limiting the corporate colors to a
smaller portion of the sign. Again, as this existing monument sign is under review
concurrent with project annexation, Staff has reviewed the sign as though it were
new. (see Exhibit "C" - Conditions of Approval).
Lighting:
The site plan indicates three pole-mounted light fixtures would provide adequate
lighting for the project while not creating offensive glare on the neighboring
residential properties. The Photometrics Plan indicates that light pole fixtures shall
be equipped with shields to reduce light spillage onto adjacent sites. The design,
style, and illumination level shall be compatible with the building design (height)
and shall 'consider safety, function, and aesthetic value per Chapter 9, Section
10.F.!. of the Land Development Regulations (see Exhibit "C" - Conditions of
Approval).
RECOMMENDATION:
Staff has reviewed this request for approval of a new site plan for redevelopment of the site. Staff
recommends approval, contingent upon all comments indicated in Exhibit "C" - Conditions of Approval.
The Technical Advisory Review Team (TART) recommends that the deficiencies identified in this exhibit be
corrected on the set of plans submitted for building permits. Also, any additional conditions recommended
by the Planning & Development Board and/or approved by the City Commission shall be documented
accordingly in the Conditions of Approval.
MR/GW
S:\Planning\SHARED\WP\PROJEcr5\Ticket Clinic\NWSP 07-006\Staff Report Ticket Clinic. doc
Ticket Clinic - Exhibit "A-- - Site Location Map
3349 N. Federal Hwy. - NWSP 07-009
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CONDITIONS OF APPROVAL
New Site Plan
Project name: Ticket Clinic
File number: NWSP 07-006
Reference: 1 S(review plans identified as a New Site Plan with a September 19,2007 Planning and Zoning
Department date stamp marking
i
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - Solid Waste i
i
Comments:
1. Prior to permit application contact the Public Works Department (561- X
742-6200) regarding the storage and handling of refuse per the CODE,
Section 10-26 (a).
PUBLIC WORKS - Forestrv
Comments:
2. Show overhead power lines on the landscape plans X
PUBLIC WORKS-Traffic
Comments:
--
3. The site plan reflects as street address of 3349 North Federal Highway, X
Delrav Beach. Annexation of this property IS part of this overall
application. Upon approval of the annexation the proposed new building
will be required to synchronize with this city's addressing system.
ENGINEERING
Comments:
4. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
5. 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. i
6. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 and Section 10.Z will be required at
the time of permitting.
7. 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. I
i i
I
Conditions of Approval
2
. 11
DEPARTMENTS INCLUDE REJECT
UTILITIES
Comments:
8. 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 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. Palm Beach County Health Department permits may be required for the X
water and sewer systems serving this project (CODE, Section 26-12).
10. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments)
with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV,
Section 16, or the requirement imposed by insurance underwriters,
whichever is greater (CODE, Section 26-16(b)).
11. The CODE, Section 26-34(E) requires that a capacity reservation fee be X
paid for this project either upon the request for the Department's signature
on the Health Department application forms or within seven (7) days of site
plan approval, whichever occurs first. This fee will be determined based
upon final meter size, or expected demand.
12. Water and sewer lines to be owned and operated by the City shall be X
included within utility easements in accordance with the LDR, Chapter 6,
Article IV, Section 6. 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(e).
13. 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.
14. 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.
15. 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.
Conditions of Approval
3
I!
DEPARTMENTS INCLUDE REJECT I
FIRE
Comments: NONE X
POLICE
Comments: I
16. Landscaping should not obstruct view of windows, building address X ---j
r
numbers, and walkways. I
I
r
BUILDING DIVISION
----
Comments:
17. 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.
18. 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.
19. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
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 i
provided at the time of building permit application:
A) The full name of the project as it appears on the Development Order and i
the Commission-approved site plan. ,
r
B) The total amount paid and itemized into how much is for water and how
much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34)
21. 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. I
The recorded deed shall be submitted at time of permit review. I
22. 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 I
reVIew at the time of permit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order --
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
and approved by the City Commission.
23. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. The addressing plan
shall be approved by the United States Post Office, the City of Boynton
Beach Department of Engineering, the City of Boynton Beach Fire
Department, the City's GIS Division, and the Palm Beach County
Emergency 911.
A) Palm Beach County Planning, Zoning & Building Division, 100
Australian Avenue, West Palm Beach, Florida (Sean McDonald - 561-
233-5013)
B) United States Post Office, Boynton Beach (Michelle Bullard - 561-734-
0872)
PARKS AND RECREATION
Comments: NONE X
FORESTER/ENVIRONMENT ALIST
Comments:
24. The applicant successfully substituted a significant amount of drought- X
tolerant wildflowers and a mixture of other plantings for sod. Staff
recommends the applicant duplicate this effort in the northern and
northwestern portions of the site.
PLANNING AND ZONING
Comments:
25. All signage must be approved concurrent with the site plan submittal or an X
additional full site plan review would be required solely for signage review
and approval. Existing signage must be reduced in height from the reported
14' to 8' maximum, and shall be setback a minimum 10' from any property
boundary.
26. Depict area of wall signage and appropriate calculations to confirm X
compliance with Land Development Regulations, Chapter 21.
27. The applicant shall modify the proposed sign colors and lettering to X
improve aesthetic compatibility with new signage in the corridor. Staff
recommends that the sign be occupied predominantly by muted colors, more
subtle copy, with the corporate colors being limited to a smaller portion
(approx. 20%) of the sign. Further, staff recommends the use of block and
stucco, tile, scoring, channel letters, stone and/or other materials to achieve
compatibility with the intended appearance of the corridor. The intent of this
condition may also be satisfied through the use of other materials applying a
faux design concept to meet the appearance objective.
28. Rooftops will be treated as part of the building elevation. All rooftop X
Conditions of Approval
5
DEPARTMENTS INCLUDE REJECT
equipment must be completely screened from view at a minimum distance
of 600 feet (Chapter 9, Section l1.E.). I
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. No light should spill off the subject property. The applicant shall readjust X
site lighting especially at the eastern property line, where illumination is I
particularly intense on the neighboring residential use.
31. The applicant is responsible for compliance with Ordinance 05-060, the X ,
"Art in Public Places" program should project costs exceed $250,000. I I
I
--
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS I
I
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined
--
S :IPlanningISHAREDI WPIPROJECTSI Ticket CIi niclNWSP 07 -0061COAdoc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Ticket Clinic
APPLICANT'S AGENT: Bradley Miller of Miller Land planning Consultants, Inc.
APPLICANT'S ADDRESS: 420 Boynton Beach Blvd., Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 2,2008
TYPE OF RELIEF SOUGHT: Request approval for the redevelopment of a one-story, 16,088 square
foot parcel to provide 2,400 square feet of office /professional space.
LOCATION OF PROPERTY: 3349 N. Federal Highway
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:IPlanningISHARED\WPIPROJECTSITicket CliniclNWSP 07-006\00 Ticket Clinic.doc
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27, 2007
4. Approval of Minutes.
Motion
Ms. Jaskiewicz moved approval of the minutes. Ms. Grcevic seconded the motion that
passed unanimously.
5. Communications and Announcements
A. Planning and Zoning Report
Final disposition of the October 23, 2007 Planning and Development Board
meeting agenda items.
Ed Breese, Principal Planner, announced the City Commission approved items from the
last board meeting including the Brisson pool variance and the Pylon Interstate Plaza
conditional use and height exception. The City Commission tabled the Cortina Site Plan
extension, pending review of the problems relating to blowing sand, the fence
screening and temporary landscaping. Mr. Breese indicated there would be no meeting
in December 2007 unless the board took action to the contrary.
It was noted there was no need for a motion to accept the report.
Acting Chair Casaine welcomed Mayor and Mrs. Taylor, Commissioner Weiland and
Commissioner Hay, seated in the audience.
6. Old Business
Evaluation and Appraisal Report (EAR) - based Comprehensive Plan
Amendments Status Report
Mr. Breese noted Hanna Matras, Economic Planner, had previously provided the board
with an update on the matter. She also provided a status as to the elements requiring
minor changes and those undergoing extensive rewriting. The board would be receiving
a complete package of the proposed EAR-based amendments to the Comprehensive
Plan in early 2008. The EAR was required to be submitted to Tallahassee in the
summer of 2008.
7. New Business
A. Ticket Clinic
Annexation
2
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27, 2007
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Ticket Clinic (ANEX 07-001)
Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
Jer Enterprises, LLC
3349 North Federal Highway (South of
of Turner Road on the east side of Federal
Highway)
Request to annex the subject property
(0.37 acres)
Ticket Clinic
Land Use Plan Amendment/RezoninQ
2.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Proposed Use:
Ticket Clinic
New Site Plan
3.
PROJECT:
AGENT:
OWNER:
LOCATION:
Ticket Clinic (LUAR 07-005)
Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
Jer Enterprises, LLC
3349 North Federal Highway (South of
of Turner Road on the east side of Federal
Highway)
Request to amend the Comprehensive Plan
Future Land Use Map from CHIS Commercial
High/with underlying medium density
residential of S du/ac (Palm Beach County)
to Local Retail Commercial LRC; and
Request to rezone from CG General
Commercial (Palm Beach County) to C-3
Community Commercial.
Professional Office
Ticket Clinic (NWSP 07-006)
Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
Jer Enterprises, LLC
3349 North Federal Highway (South of
of Turner Road on the east side of Federal
Highway)
3
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27, 2007
DESCRIPTION:
Request for new site plan approval for the
redevelopment of a 2,400 square foot
commercial structure and related site
improvements on 0.37 acres to be rezoned
C-3, Community Commercial.
Mr. Breese suggested all four items, Annexation, Land Use Plan Amendment, Rezoning
and the New Site Plan, be discussed collectively. However, each item would require
separate motions upon the conclusion of discussion. The board concurred.
Attorney Alexander administered the oath to all who would be testifying.
Bradley Miller, Miller Land Planning Consultants, Inc., 420 West Boynton Beach
Boulevard, advised he represented the applicant for all four items.
Mr. Breese provided a brief PowerPoint presentation on the four items being
considered. The property was located on the east side of Federal Highway, just south
of Turner Road. Adjacent uses included: To the north, developed commercial property
within Palm Beach County; to the south, a City-approved project for 22 townhomes
(Tuscan Villas); to the west, right-of-way for Federal Highway; and to the east, a
residential subdivision (Tradewinds Estates).
As noted, the applicant was requesting the following: (1) annexation of the 0.37 acre
parcel; (2) a change in land use from County CHIS, which was Commercial High, to a
Local Retail Commercial (LRC) within the City; (3) a change in zoning from CG General
Commercial in the County, to C-3 Community Commercial within the City; and (4) a site
plan approval for building and site improvements for a 2,400 square foot structure. The
applicant proposed to improve the existing structure with architectural details, paint,
awning, decorative shutters and the removal of an overhead door installed by the
previous tenant. Improvements were also anticipated to the parking lots, drainage
system, and a six-foot buffer wall against the residentially-zoned properties.
The 14-foot high monument sign on the property did not conform to the City's Sign
Code, which only allowed 8 feet in height. The sign also encroached into the City's
mandatory setback, which was within five feet from the front property line, rather than
the minimum ten feet required. The City's Sign Code required all non-conforming signs
annexed into the City be brought into compliance within six months. The sign appeared
to have no preexisting approval at the County level, and staff recommended it be
brought into compliance as a condition of the annexation. Existing signs along the
corridor represented a combination of commercial signs from the 19S0s and 1960s, as
well as a new mix of signs for the projects that had been approved on south Federal
Highway. These consisted of stucco, tile, channel letters and external illumination. The
4
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27, 2007
City wished to proceed in this direction, rather than continue with the raised, internally
illuminated signs.
Staff recommended approval of the annexation, land use amendment and rezoning as
the annexation was consistent with the objectives of the City's annexation program, the
land use and rezoning were consistent with respective current designations in Palm
Beach County, and the request would not create additional impacts on infrastructure
that could not currently be accommodated by the City. Additionally, staff recommended
approval of the site plan, subject to the conditions of approval noted.
Mr. Miller advised he provided the City with an alternative plan proposing to relocate
and lower the sign in order to meet the height and setback requirements. He provided
a brief powerPoint presentation with regard to the alternative plan. The sign appeared
to be stark, but this would change as the site was developed. Mr. Miller and his clients
had issues with condition #2 of the land use amendment and rezoning, and condition
#27 of the site plan, which he contended called for the creation of a residential sign for
a commercial project. They agreed to shift the sign to meet the 10-foot setback
requirement, and to reduce the height to meet the 8 foot requirement. He noted the
importance of the sign face in terms of visibility. In addition to the annexation, land
use amendment, rezoning and site plan approval, they requested the board consider
eliminating condition #2 of the land use amendment and rezoning, and condition #27
of the site plan.
Ms. Jaskiewicz commented on the garishness of the colors and cluttered wording on the
sign. Mr. Miller contended the City required the sign indicate the nature of the business,
and the colors were the corporate colors of the business.
Mr. Breese advised staff did receive the alternative plan referred to by Mr. Miller. Staff
preferred to have the sign mirror the colors on the building rather than having
randomly-selected colors. In considering the appearance of a corridor, staff determined
the color and style desired. Muted, soft earth-tone colors were selected, which were
residential in nature and predominant in the redevelopment of South Federal Highway.
Acting Chair Casaine inquired whether staff would consider an exception. Mr. Breese
replied staff might allow some variation but he did not believe the internally-illuminated
plastic sign face would be the direction in which the City wished to proceed with the
Federal Highway corridor. He added modifications could be made to the sign which did
not require it to be completely rebuilt. The sign could be designed to appear as though
it was a tile type sign, rather than a metal-type of sign with a plastic face. Mr. Miller
remarked the base of the sign would be obscured by the landscaping, and would tie
into the color of the building.
s
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27, 2007
Acting Chair Casaine invited public comments. No one having come forward, public
comments were closed.
Mr. Blehar indicated he would not be inclined to vote in favor of the exception
requested by the presenter. The nature of the business could be promoted through
radio advertising, and the name on the sign would immediately indicate the nature of
the business. The mere fact that other unattractive signs adorned Federal highway was
not justification for adding another unsightly sign.
Mr. Lis observed the address for the property was in Delray Beach. Mr. Miller advised
the property was not contiguous to Delray Beach but was contiguous to Boynton Beach.
Upon annexation, the property would be redefined to a Boynton Beach address. Mr.
Miller's client did not wish to develop the property in Delray Beach as the County's
regulations were more onerous than those of Boynton Beach. Mr. Lis objected to the
signage as proposed. He believed the sign was too yellow and the wording should be
limited to the name of the business.
Mr. Saberson agreed with the board's comments pertaining to signage and believed the
board should accept staffs recommendation.
Ms. Jaskiewicz believed the building itself would be more compatible and aesthetically
pleasing in an earth tone and believed the sign was garish. Aside from the sign, she
believed the project was a good one.
Mr. Miller advised the color of the sign was based on the standard yellow traffic
signage.
Mr. Miller indicated a modification of the sign represented a hardship to the applicant,
as the sign face would have to be removed, at great expense.
Ms. Grcevic inquired whether the business was part of a franchise. Mr. Miller replied he
did not know whether they were franchised, but they had multiple offices, and the signs
incorporated the colors presented.
Staff recommended approval with conditions #2 and #27 as noted pertaining only to
the lettering and color of the sign. Mr. Miller advised the applicant objected to
conditions #2 and #27, but was in agreement with all other conditions.
6
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27, 2007
Motion
Ms. Jaskiewicz moved to approve the request to annex the subject property (0.37
acres) into the City, subject to the conditions of approval in Exhibits E. Mr. Saberson
seconded the motion that passed unanimously.
Motion
Ms. Jaskiewicz moved to approve the request to amend the Comprehensive Plan Future
Land Use Map from CHIS Commercial Highlwith underlying medium density residential
of S dulac (Palm Beach County) to Local Retail Commercial LRC, subject to all
conditions of approval recommended by staff. Ms. Grcevic seconded the motion that
passed unanimously.
Motion
Mr. Saberson moved approval of the requested rezoning, subject to all staff-
recommended conditions. Ms. Jaskiewicz seconded the motion that passed
unanimously.
Motion
Mr. Saberson moved approval of the requested site plan approval, subject to all staff-
recommended conditions. Ms. Jaskiewicz seconded the motion that passed
unanimously.
B. Ocean Drive Hotel
Zonina Code Variance
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Proposed Use:
Ocean Drive Hotel (ZNCV-08-001)
Bonnie Miskel, Lauren Lending
Boynton Holdings, LLC
North side of Ocean Drive, approximately
SOO feet east of Congress Avenue
Request for relief from the City of Boynton
Beach Land Development Regulations,
Chapter 2, zoning, Section 6.C.3, Community
Commercial zoning district, to allow a variance
of 19 feet, and a building height of 64 feet.
Hotel
7
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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
[8J December 18, 2007 December 3,2007 (Noon) 0 February 19, 2008 February 4, 2008 (Noon)
0 January 2, 2008 December 17,2007 (Noon) 0 March 4, 2008 February 19, 2008 (Noon)
0 January 15,2008 December 31, 2007 (Noon) 0 March 18, 2008 March 3, 2008 (Noon)
0 February 5, 2008 January 14, 2008 (Noon) 0 April 1, 2008 March 17,2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report ~)
C:.J .'
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business 1"",- ,:,
, .-
[8J 0 ,.-.
Public Hearing CJ
RECOMMENDATION: Please place this request on the December 18, 2007 City Commission Agenda under
Public Hearing. The Planning and Development Board on November 27,2007, recommended that the request be approved
subject to changes in the conditions of approval to require a fence and landscaping in lieu of a buffer wall and to omit the
requirement for compliance with the city's public arts ordinance. For further details pertaining to this request, see attached
Department Memorandum No. 07-119.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
High Ridge PUD (MSPM 07-010)
Tim Hernandez, New Urban High Ridge, LLC
New Urban High Ridge, LLC
Northwest comer of High Ridge Road and Miner Road
Request for a major site plan modification to change the type of housing unit approved from 48
single-family detached units and 126 fee-simple townhouse units to 110 single-family detached
units (a net reduction of 64 units), and to change other site-related improvements on 18.44 acres
zoned PUD.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~
Developm
Planning & Zoning ctor City Attorney I Finance
S:\Planning\SHARED\WP\PROJECT igh Ridge- New Urban Communities\MSPM 07-01O\Agenda Item Request High Ridge PUD MSPM 07-010 12-
18-07.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
City Manager's Signature
Assistant to City Manager ~
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-119
STAFF REPORT
TO:
Chair and Members
Planning and Development Board and
Mayor and City Commission
FROM:
Kathleen Zeitler ~ //
Planner ,.') Z/
I .u. .
Michael W. Rumpr
Director of Planning and Zoning
THROUGH:
DATE:
November 20, 2007
PROJECT NAME /
NUMBER:
High Ridge PUD / MSPM 07-010
REQUEST:
Major site plan modification to High Ridge PUD to change the type of
housing approved from 48 single-family detached units and 126 fee-simple
townhouse units to 110 single-family detached units (a net reduction of 64
units), and to modify related site improvements.
PROJECT DESCRIPTION
Property Owner: New Urban High Ridge, LLC
Applicantl Agent: Mr. Tim Hernandez with New Urban High Ridge, LLC
Location: Northwest corner of High Ridge Road and Miner Road (see Exhibit "A")
Parcel Size: 18.44 acres
Existing Land Use: Medium Density Residential (MeDR 9.68 du/ac)
Existing Zoning: Planned Unit Development (PUD)
Proposed Use: 110 single-family detached homes
Adjacent Uses:
North: Single family homes in unincorporated Palm Beach County, designated Low
Density Residential (PBC LR-2) and zoned Single-Family Residential (PBC
RS).
South: Right-of-way of Miner Road, then developed property (flex space
warehouse) designated Industrial (I) and zoned Light Industrial (M-1);
further south a townhome development (Canterbury) with a density of
approximately 9.9 du/acre, designated Industrial (I) and zoned Planned
Industrial Development (PID); to the southwest, undeveloped property
within unincorporated Palm Beach County designated Industrial (IND) and
zoned Single Family Residential (RS).
Staff Report - High Ridge PUD (MSPM 07-010)
Memorandum No PZ 07-119
Page 2
East: Right-of-way of High Ridge Road, then, to the northeast, Cedar Ridge
Estates, with single family homes and townhomes (town homes built at
8.04 du/acre), designated Low Density Residential (LDR) and zoned
Planned Unit Development (PUD). To the southeast, High Ridge
Commerce Park, developed properties designated Industrial (I) and zoned
Planned Industrial Development (PID).
West: To the west, undeveloped property (High Ridge Country Club) designated
Low Density Residential (LDR) and zoned R1AA Single Family Residential.
BACKGROUND
Mr. Tim Hernandez, Vice-President of New Urban High Ridge, LLC, is requesting a major site plan
modification for High Ridge PUD to modify the approved plan by reducing the total number of units,
change the type of housing proposed, and revise related site improvements (see Exhibit"B" - Site Plan).
According to the original site plan staff report (NWSP 05-016), the proposed High Ridge PUD was
approved for 48 single-falTlily detached units gnd 126 fee-simple townhouse units that would be developed
in one (1) phase. The applicant now proposes to develop a total of 110 single-family detached units (a net
reduction of 64 units).
The maximum density allowed by the Medium Density Residential (MeDR) land use classification is 9.68
dwelling units per acre, which would provide the developer a maximum of 178 units. The project was
previously approved for a total of 174 units, at a density of 9.43 dwelling units per acre. The applicant is
now requesting a total of 110 units (a reduction of 64 units), at a density of 5.96 dwelling units per acre.
The street and lot layouts where town homes were previously proposed are also to be revised to
accommodate single-family detached homes. Due to the modified design, a revised plat for the project
must be submitted to the Engineering Division for their review and approval.
To date, the High Ridge PUD project has been approved for the following: an annexation (ANEX 05-001);
a future land use map amendment (LUAR 05-002) from Medium Density Residential (PBC MDR) with a
density of 5 dwelling units per acre and Low Density Residential (PBC LR-2) with a density of 2 dwelling
units per acre to the City's Medium Density Residential (MeDR) classification with a density of 9.68
dwelling units per acre; a rezoning (LUAR 05-002) from Single-Family Residential (PBC RS) to Planned Unit
Development (PUD); a new site plan (NWSP 05-016); a minor site plan modification (MMSP 06-051); and a
site plan time extension (SPTE 06-013), which extended site plan approval to September 20, 2007.
ANALYSIS
Concurrency:
Traffic: On April 27, 2005, the Palm Beach County Traffic Division determined that the originally
proposed residential development with a total of 174 units would meet the Traffic
Performance Standards of Palm Beach County. A reduction of 64 units is now proposed,
therefore, the project should continue to meet the traffic concurrency requirements,
ensuring an adequate level of service. However, a revised traffic impact analysis and
approval from the Palm Beach County Traffic Engineering Division is required to update the
type and number of units proposed (see Exhibit "c" - Conditions of Approval).
Staff Report - High Ridge PUD (MSPM 07-010)
Memorandum No PZ 07-119
Page 3
School: A revised concurrency determination from the Palm Beach County School District, which
approves the project for school concurrency purposes, is required prior to permitting (see
Exhibit "c" - Conditions of Approval).
Utilities: The project is expected to require approximately 47,300 gallons of water per day. 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 needs for this project. The expected demand for sanitary sewer would be
approximately 21,285 gallons per day. Sufficient sanitary sewer and wastewater treatment
capacity is currently available to serve this project, subject to the applicant making a firm
reservation of capacity, following approval of the modified site plan (see Exhibit "c" -
Conditions of Approval).
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).
Police/Fire: Police staff reviewed the site plan and determined that current staffing levels would be
sufficient to meet the expected demand for services. The Fire Department expects to be
able to maintain an adequate level of service for the subject project with current or
anticipated staffing. Infrastructure requirements such as hydrants and roadway would be
addressed during plan reviews and the permitting process.
Access: The proposed site plan shows that three (3) points of ingress / egress are proposed along
High Ridge Road (see Exhibit "B" - Site Plan), identical to the previously approved site
plan. All openings are identical to each other in terms of width and function and no
driveway opening would be gated. This is a basic characteristic of new urbanism type of
developments. The southernmost opening would be located approximately 650 feet from
the intersection of High Ridge Road and Miner Road. The entrance would directly align
with the recreation area. The second of the three driveway openings, would be located
approximately 450 feet north of the southernmost opening. This opening would align with
the larger lot single-family detached homes proposed at the rear of the development and
also with the entrance to Cedar Ridge PUD on the opposite side of High Ridge Road. The
northernmost driveway opening is proposed approximately 170 feet south of the north
property line of the development. Similar to the middle opening, this third driveway would
align with the single-family homes propose at the rear of the development. The presence
of these three (3) driveway openings allows for sufficient ingress and egress of emergency
and service vehicles.
Streets: The proposed site plan depicts the dedication of a 15 foot wide strip along the west side of
High Ridge Road, running the entire length of the development (see Exhibit "B" - Site
Plan). The strip of land was required to be dedicated to Palm Beach County, due to their
designation of High Ridge Road as an ultimate 80-foot wide right-of-way. The typical
section of High Ridge Road on the previously approved site plan shows that the right-of-
way as 65 feet in width. High Ridge Road presently contains a northbound and
Staff Report - High Ridge PUD (MSPM 07-010)
Memorandum No PZ 07-119
Page 4
southbound travel lane but as required, would be improved to include a 12-foot wide
center-turn lane.
The applicant indicates that the proposed internal rights-of-way, consisting of widths of 45
feet and 50 feet, remain the same as previously approved, except for the street layout
where the townhomes were previously proposed. Parallel, on-street parking spaces are
proposed at various locations throughout the development. An important component to a
new urban community is the use of alleys (subordinate street systems) throughout the
development. The 20-foot wide alleys located to the rear of the proposed homes would
have two (2) travel lanes, each 10 feet in width.
Parking: Dwelling units with two (2) or more bedrooms require a minimum of two (2) parking
spaces per unit. The project proposes 110 dwelling units, each with two (2) or more
bedrooms therefore a minimum of 220 parking spaces would be required. Each dwelling
unit would include a two (2)-car garage to meet the required parking spaces per unit. In
addition, the planned recreational amenity area would require a minimum of five (5)
parking spaces for guests. The site plan tabular data indicates that a total of 70 on-street
parking spaces are proposed throughout the development. The graphic shows that these
spaces would be dimensioned approximately nine (9) feet in width by 25 feet in length. A
minimum of 225 parking spaces are required, and according to the revised site plan a total
of 291 parking spaces would be provided, including a handicap accessible space near the
recreation area.
Landscape: The proposed landscape plan is similar to the previously approved landscape plan
regarding the quantity and type of plant materials. The proposed site plan tabular data
indicates that 6.77 acres (36.71 %) of the subject property would be pervious area. This
figure does not include the 1.72-acre lake tract. Over 1.92 acres (10.41 %) of the subject
property would be set aside for buffer and open space areas. The subject site contained a
mix of native and non-native trees and has been cleared and graded. The mitigation plan
indicates that the property contained 220 trees, of which 13 trees would be preserved (12
pines and 1 oak). The total required mitigation inches for the project are 2,010, and the
developer proposes to mitigate a total of 3,337 inches (an additional 1,327 inches).
The Overall Landscape Quantities plant list indicates that 271 or 94% of the canopy trees
would be native and 34 or 58% of the palm trees would be native. Likewise, a total of
74% of the shrubs/groundcover would be native. The plant list includes the following
species: Red Maple, Bougainvillea Tree, Gumbo Limbo, Silver Buttonwood, Seagrape,
Dahoon Holly, Ligustrum Tree form, Live Oak, Bald Cypress, Coconut palm, Alexander
palm, Medjool Date palm, Florida Royal palm, and Cocoplum.
The landscape plan proposes buffers around the perimeter of the development (see Exhibit
"Bl" and "B2" - Landscape Plan). The east (front) landscape buffer along High Ridge
Road was previously approved at a width of eight (8) to ten (10) feet. However,
subsequent to approval, Palm Beach County has required the dedication of a 15-foot wide
strip along High Ridge Road for future right-of-way. There are no plans to widen High
Ridge Road due to its low level of traffic, so it is unlikely that the landscaping would be
removed in the future. The plant species proposed within this green space would include
the following: Live Oaks, Coconut palms, Crepe Jasmine, Ligustrum tree form, Dwarf
Staff Report - High Ridge PUD (MSPM 07-010)
Memorandum No PZ 07-119
Page 5
Yaupon Holly, and Redtip Cocoplum. The east perimeter landscape would also be
supplemented by additional landscaping at each entrance to the development, at the ends
of internal roads that terminate at the east property line, and within each lot that would
abut the east property line. The south landscaped "common" area adjacent to Miner Road
would be 15 feet in width and would have similar plant material as proposed within the
east landscaped area. The west landscape buffer is five (5) feet in width and would be
located adjacent to a buffer for High Ridge Country Club. The majority of the existing trees
to be preserved or relocated would be located in the west landscape buffer. The plant
material within this buffer would also include the following species: Pines, Coconut palms,
Sabal palms, Silver Buttonwood, Gumbo Limbo, and Red Tip Cocoplum. The north
landscape buffer would be seven (7) feet in width and contain similar plant material as the
other perimeter buffers. A total of ten (10) units and an internal street are proposed
within the proposed development along the north property line, adjacent to one (1) single-
family home in unincorporated Palm Beach County. Staff is recommending that a masonry
buffer wall be installed along the north property line to mitigate the impacts on the
adjacent lot (see Exhibit "c" - Conditions of Approval).
The private internal streets would be lined with Live Oaks and Dahoon Holly trees. Florida
Royal palm trees would be planted at the entrance to the recreational amenity area. The
pool and cabana area would be heavily landscaped with a variety of plant material. The
surrounding lake would have littoral plantings that include Canna Lily, Spike Rush, and
Water Lily. In addition, upland transitional plantings would include Bald Cypress, Red
Maple, and Leather Fern.
Varying planting schemes are proposed for the individual lots. The scheme would be
dependent upon the house model proposed on each lot. The Typical Unit Landscape Plans
indicate that each lot would have a multitude of plant material. A note on the site plan
indicates that all air conditioner units and similar mechanical equipment shall be screened
with landscaping which will achieve a height of 36 inches.
Buildings: The proposed site plan tabular data indicates that collectively, the lots would account for
9.12 acres or 49% of the entire property. The private rights-of-way would account for
5.30 acres or 29% of the site. The development's recreation area would account for
1.74% of the site. This 0.32-acre recreation area would accommodate a swimming pool, a
1,333 square foot cabana / veranda facility, and a tot-lot. In addition, pedestrian
amenities such as marked pedestrian street crossings, bike racks, and park benches are
proposed. The recreation area would be located adjacent to the site's lake / water
management area. The project, designed according to new urban design principles,
proposes homeowner accessibility to the lake by all, so that it functions as a public amenity
rather than a private amenity enjoyed by few residents.
The Typical Lot Details of the single-family homes shows three (3) different types of lots
are proposed, namely a 40-foot wide, a 45-foot wide, and a 50-foot wide lot. The Detail
shows that the 40-foot wide lots and 50-foot wide lots would be 110 feet in depth, and the
45-foot wide lots would be 55 feet in depth. The proposed site plan indicates the smaller
45-foot wide lots would be located along the perimeter of the development, where
townhouses were previously proposed. The typical lot detail indicates that screen
enclosures and pools would be permitted within the building setbacks of the house. Solid
Staff Report - High Ridge PUD (MSPM 07-010)
Memorandum No PZ 07-119
Page 6
roof screen enclosures are prohibited. On the larger lots, the houses would be setback 15
feet from the front property line and the entry porch would be setback seven and one-half
(7-112) feet from the front property line and five (5) feet from the rear and side lot lines.
On the smaller lots, the houses and entry porch would be setback ten (10) feet from the
front property line and five (5) feet from the rear and side lot lines. The building setbacks,
as proposed, are generally smaller than conventional PUD type of projects but they are
common among New Urban type of developments. The proposed types of single-family
homes are varied, and would come in several models. The smallest home would be a one
(l)-story, three (3)-bedroom, two and one-half (2 112)-bath model with 1,875 square feet
of air-conditioned space, and a two (2)-car garage. The largest home would be a two (2)-
story, four (4)-bedroom, two and one-half (2 112)-bath model with 3,009 square feet of air-
conditioned space, and a two (2)-car garage.
DeSign:
Associated with the proposed type of single-family residential development are a wide
variety of possible building designs (see Exhibits "B3 - B8" - Building Elevations). This is a
New Urbanism type of project with traditional and contemporary architectural styles. The
single-family homes would have varying roof styles. The tallest single-family detached
home would be25 feet - seven (7) inches tall at the mean roof height and 30 feet -four
(4) inches tall at peak of roof.
The single-family homes would come in numerous varieties of wall and accent colors.
There are eight (8) different color schemes and each scheme has two (2) or three (3)
varying options. The color palette proposed contains a combination of light or white
pastels, and a soft color palette, such as light earth tones to match existing natural
vegetation in the corridor.
Lighting: Freestanding street lights, approximately 12 feet in height, will be located throughout the
development. The site plan notes that street lights are to be FPL coach lights with light
levels in compliance with residential requirements.
Signage: Project development signs are proposed on small posts labeled "ID columns". These posts
would be located on each side of the entrance drives. Its colors would be consistent with
the building colors proposed throughout the community. The sign face would be located in
the center of the post.
Public Art: The original site plan approval (NWSP 05-016) occurred prior to the adoption of Ordinance
05-060, which requires Art in Public Places. However, this subsequent request for a major
site plan modification after adoption of the aforementioned ordinance results in the project
having to comply with the Art in Public Places requirements (see Exhibit "c" - Conditions of
Approval).
RECOMMENDATION:
Staff has reviewed this request for a major site plan modification and recommends approval, subject to
satisfying all comments indicated in Exhibit "c" - Conditions of Approval. Any additional conditions
recommended by the Board or City Commission shall be documented accordingly in the Conditions of
Approval.
S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\MSPM 07-010\Staff Report.doc
Exhibit "A" - High Ridge PUD
MSPM 07-010
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CONDITIONS OF APPROVAL
Maior Site Plan Modification
Project name: High Ridge New Urban Communities
File number: MSPM 07-010
Reference: 2nd review plans identified as a Maior Site Plan Modification with an October 30, 2007 Planning
and Zoning Department date stamp marking
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - Solid Waste
Comments:
1. Prior to permit application contact the Public Works Department (561-742- X
6200) regarding the storage and handling of refuse per the CODE, Section
10-26 (a).
PUBLIC WORKS - Forestrv
--
Comments:
2. Add the following note to plans: "It will be necessary to replace or relocate X
large canopy trees adjacent to light fixtures to eliminate future shadowing
on the parking surface (LDR, Chapter 23, Article II, Section A.I.b.)".
PUBLIC WORKS-Traffic
Comments:
3. Prior to the issuance of the 56th certificate of occupancy, complete the X
improvement of High Ridge Rd. to a minimum of three (3) 12-foot lanes
from Miner Rd. to the northern boundary of the proposed development.
Provide plans, including typical sections, for off-site improvements,
including curb and gutter along High Ridge Road. Palm Beach County
permits will be required for work within the Palm Beach County right-of-
way. Staff recognizes that improvements required by the city may not be
required and/or supported by the County. The developer shall provide a
letter of credit in the amount of 110% of the engineer's estimate for public
roadway improvements prior to issuance of any building permits for this
project. The letter of credit shall be held until such time as the
improvements are complete."
ENGINEERING
Comments:
4. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
COA - High Ridge PUD
MSPM 07-010
Page 2
DEPARTMENTS INCLUDE REJECT
5. 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.
6. A re-plat of this subdivision will be required upon satisfactory Commission X
approval of this major site plan modification.
7. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 and Section 10.z will be required at
the time of permitting.
UTILITIES
Comments:
8. Even though this development has approved utility plans on file for the X
original development concept, please provide a time line that clearly
illustrates when water and sewer services will be required to serve this
revised proj ect. Your starting date for the time line should be the date of
City Commission approval. Also provide milestone dates for pemut
application, the start of construction, and the setting of the first water meter.
This timeline should be used to determine the adequacy of water and
wastewater treatment capacity for this project's completion, so please be as
accurate as possible.
9. Palm Beach County Health Department permits will be required for the X
water and sewer system revisions serving this project (CODE, Section 26-
12).
10. If not already paid, the CODE, Section 26-34(E) requires that a capacity X
reservation fee be 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.
11. 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. Easements
shall be centered on the sanitary sewer main and the minimum width shall
be determined by using two (2) times the depth of the sewer main plus three
(3) feet (for trench bottom). Easements widths will be finalized at the time
of platting and permitting. The easements shall be dedicated via separate
instrument to the City as stated in the CODE, Section 26-33(a).
12. 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 - High Ridge PUD
MSPM 07-010
Page 3
DEPARTMENTS INCLUDE REJECT
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy.
13. 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.
14. PVC material not permitted on the City's water system. All lines shall be X
DIP.
15. 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.
16. Provide a minimum ten (10) feet separation between water main, sanitary X
sewer, and storm sewer lines. Please note that City of Boynton Beach
separation standards are more stringent that FDEP standards.
17. Provide a minimum ten (10) feet separation between water main, sanitary X
sewer, and storm sewer lines and the outside edge of buildings. This
includes the projection ofrooflines, balconies, etc. to the ground.
FIRE
Comments: NONE X
POLICE
Comments:
18. Prior to issuance of the first building permit, the applicant shall prepare a X
construction site security and management plan for review by the City's
Police Department CPTED Official.
. The developer/project manager after site clearing and placement of
construction trailers shall institute security measures to reduce or eliminate
opportunities for theft. The management plan shall include, but not be
limited to, temporary lighting, security personnel, vehicle barriers,
construction/visitor pass, reduce/minimize entry/exit points, encourage sub
contractors to secure machinery, tools at end of work day and/or any other
measure deemed appropriate to provide a safe and secure working
environment. The security management plan shall be maintained
throughout the construction phase of the project.
--
19. Applicant shall provide a detailed photometric lighting plan. X
20. All lighting shall be metal halide following IESNA Lighting standards. X
COA - High Ridge PUD
MSPM 07-010
Page 4
DEPARTMENTS INCLUDE REJECT
21. Timer clock or photocell lighting for nighttime use shall be above or near X
entryways.
22. Pedestrian scale lighting shall be used for all street and pedestrian X
walkways. It is suggested that interactive or lighting on demand be used in
sensitive areas.
23. Numerical address: X
. Shall be illuminated for nighttime visibility (dusk to dawn).
. Shall not be obstructed.
. Shall have bi-directional visibility from the roadway.
24. Lighting shall be provided for entrance signage. X
25. Landscaping should not obstruct view of windows, building address X
numbers, and walkways.
26. Residential Security: X
. The door leading into a residential unit should be a solid core door and
equipped with a single cylinder dead bolt lock (including garage door).
. When placing the order for a front door that will have a side pane window it
should be placed on the opposite side of the door handle and lock making
them unreachable.
. If front door has zero visibility to front entryway are, it should be equipped
with a 180-degree peephole.
. Entry door should open outward versus inward.
. All exterior doors should be equipped with security hinges.
. Anti lifting auxiliary locks should be installed on sliding doors and
windows.
. Should be pre-wired for alarm system.
. Telephone lines should be run underground with box hook-up on inside of
building versus the exterior of building where telephone lines can be cut
making alarm system inoperable. It is strongly suggested that the architects
and engineers incorporate this into the site plans to insure that the site
supervisor is aware of this condition.
27. If benches in a park area are intended for nighttime use, adequate lighting X
should be provided for the area in which they are located. They should also
be in open view to eliminate concealment areas.
BUILDING DIVISION
Comments:
28. 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.
COA - High Ridge PUD
MSPM 07-010
Page 5
DEP ARTMENTS INCLUDE REJECT
29. At time of permit review, submit signed and sealed working drawings of the X
proposed construction. I
I
30. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the I
permit shall be provided at the time of building permit application, F.S.
374.216. I
I
31. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be I
provided at the time of building permit application:
The full name of the project as it appears on the Development Order and the I
.
Commission-approved site plan.
. The total amount paid and itemized into how much is for water and how
much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34)
32. 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. I
33. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
reVIew at the time of permit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
34. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. The addressing plan
shall be approved by the United States Post Office, the City of Boynton
Beach Department of Engineering, the City of Boynton Beach Fire
Department, the City's GIS Division, and the Palm Beach County
Emergency 911. Palm Beach County Planning, Zoning & Building
Division, 100 Australian A venue, West Palm Beach, Florida (Sean
McDonald-561-233-50 13). United States Post Office, Boynton Beach
(Michelle Bullard- 561-734-0872).
PARKS AND RECREATION i
Comments:
35. Landscape plan must include the City's signature trees at the entrance. X
36. Irrigation must be 110% coverage, include separate bubblers on each tree X
and have separate zones for grass and bed areas. --
37. Park Impact Fee: 110 Single family homes x $1,418.00 = $155,980.00 due X
at issuance of first permit.
COA - High Ridge PUD
MSPM 07-010
Page 6
,
DEPARTMENTS INCLUDE REJECT
FORESTER/ENVIRONMENT ALIST
Comments:
38. The mitigation trees should all be shown only in the common areas of the X
site as depicted on pages 8 and 9 of 15. There can be additional mitigation
tree inches provided by planting additional trees around the lake and
increasing the diameter inches of all of the common area trees to meet the
mitigation total inches. (Tree Mitigation Sheet page 15 of 15)
39. The Lake Management Plan (Upland and Littoral plantings) and time zero X
report must be submitted to the City. (Lake Management Plan document
Time Zero Report)
PLANNING AND ZONING
Comments:
40. The project shall comply with the Art in Public Places requirements of
Ordinance 05-060. Submit revised Public Art Information Form that
provides more detail (art location, accessibility, 1 % and 70% amounts,
estimated site plan and completion dates, etc.). Prior to permitting, revise X
plans to indicate the location of public art on site and include a detail of the
public art including colors and materials.
41. A revised traffic impact analysis must be approved by the Palm Beach X
County Traffic Division for concurrency purposes prior to the issuance of
any building permits.
42. The project must obtain a revised school concurrency approval from the X
School District of Palm Beach County prior to the issuance of a building
permit.
43. A unity of title may be required. The Building Division of the Department X
of Development will determine its applicability.
44. On Site Plan (sheet 3 of 15) revise setback lines at corner of Lot 8 to be X
measured from new property lines (after right-of-way dedication).
45. Revise side elevations of all proposed models (especially those that will be X
located along High Ridge Road) to include additional architectural features
that will provide visual interest (enhanced with features similar to the front
facades using elements such as balconies, individual roof features, porches,
varying surface materials and colors, etc.).
46. Provide detail and information on the "ID column" located at various X
locations along the right-of-way on both the Master Plan and Site Plan.
Indicate proposed sign age locations on both Site Plan and Landscape Plan.
Revise proposed locations to comply with setback and safe sight corner
requirements for signs (minimum 10 feet from the new property line).
COA - High Ridge PUD
MSPM 07-010
P 7
age
DEPARTMENTS INCLUDE REJECT II
I
47. Provide a typical sign detail including height, sign face area, font, materials, X i
color, etc. on sheet 5 of 15.
48. On Photometrics Plan, indicate proposed site lighting designed at a X
minimum average light level of one foot-candle and levels; specify that the
light poles shall withstand a 140 MPH wind load (Chapter 23, Article II,
Section A.l.a and Florida Building Code); provide a note that the fixtures
shall be operated by photo-electrical control and are to remain on until 2:00 !
a.m. (LDR, Chapter 23, Article II, Section A.l.a.); and include pole wind
loading and pole details in conformance with Chapter 6, Article IV, Section
11, Chapter 23, Article I, Section 5.B. 7 and Chapter 23, Article II, Section
A. I
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49. Provide a detail of a typical screened-enclosure permitted within the X ! !
building setbacks.
50. Include floor plan and building elevation for Cabana in the architectural X
drawings.
5l. All building elevations should include the exterior finish, paint X I
manufacturer's name, and color codes. (Chapter 4, Section 7.D.). j Ii
I
i 'I
I
52. Provide paint swatches for the elevations (Chapter 4, Section 7.D.). X
--
53. Revise site plan and landscape plan to include a decorative 6 foot high
masonry buffer wall along the north property line to mitigate the difference
in density and intensity of this area of the project compared with the
adjacent single-family lot to the north. Shrubs shall be planted on outside of X
wall. I
54. Revise Master Plan site data to delete reference to PBC RS zoning. I X
!
:
55. Revise all plans to renumber lots (110 lots proposed, 174 lots numbers). X :
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS I
I I
I
Comments: I
56. The board recommends that condition #40, the requirement to comply with X
I
The Art in Public Places Regulations, be omitted. !
57. The board recommends that condition #53 be revised to replace the X
requirement for a 6 foot high masonry buffer wall with a vinyl privacy
fence offered by the applicant in lieu of a wall.
i
I
I --
COA - High Ridge PUD
MSPM 07-010
Page 8
I
DEPARTMENTS INCLUDE REJECT
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
MWRJkz
S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\MSPM 07-01 mCOA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: High Ridge PUD
APPLICANT: Mr. Tim Hernandez with New Urban Communities
APPLICANT'S ADDRESS: 398 Northeast 6th Avenue, Delray Beach, FL 33483
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
December 18, 2007
TYPE OF RELIEF SOUGHT: Major site plan modification to change the type of housing approved
from 48 single-family detached units and 126 fee-simple townhouse
units to 110 single-family detached units (a net reduction of 64 units),
and to revise other related improvements on an 18.44-acre parcel in the
PUD Planned Unit Development zoning district.
LOCATION OF PROPERTY: Northwest corner of High Ridge Road and Miner Road (Exhibit "A")
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\High Ridge. New Urban Communities\MSPM 07-010\DO.doc
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27,2007
Acting Chair Casaine invited public comments. No one having come forward, public
comments were closed.
Mr. Blehar inquired whether the applicant could improve the landscaping along the
perimeter. Mr. Breese commented it would not be an issue for the applicant, as it was
a City-owned cemetery. He added palm trees were recently planted at the site, but it
would be a tremendous expense to lushly landscape around the perimeter of the site.
Motion
Mr. Lis moved approval. Ms. Grcevic seconded the motion that passed unanimously.
E. High Ridge PUD
Maior Site Plan Modification
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESSCRIPTION:
High Ridge PUD (MSPM 07-010)
Tim Hernandez, New Urban High Ridge, LLC
New Urban High Ridge, LLC
Northwest corner of High Ridge Road and
Miner Road
Request for a major site plan modification to
change the type of housing unit approved from
48 single-family detached units (a net
reduction of 64 units), and to change other
site-related improvements on 18.44 acres
zoned PUD.
Kathleen Zeitler, Planner, advised the project was previously approved for a total of 174
units consisting of 48 single-family detached and 126 townhouse units. The applicant
wished to reduce the number of units to 110 single-family detached units. The property
located at the northwest corner of Miner Road and High Ridge Road was previously
approved and received a site plan time extension. The reduction in density would
decrease from 9.43 dwelling units per acre to 5.96 dwelling units per acre. A revised
traffic concurrency approval would be required as a condition of approval prior to
permitting. The applicant recently received the school concurrency approval.
In the previously-approved development, single-family detached units were located on
the larger lots to the west, adjacent to the country club. The smaller lots were along
High Ridge Road where the fee-simple townhouse units were going to be built. The
applicant proposed a new site plan that basically was the same with respect to the large
lots. The lake and amenity areas with the pool and pool house remained. The only
changes were to the street and lot layouts along High Ridge Road, where single-family
17
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27, 2007
units would be substituted for the townhouses. A re-plat of the subdivision would be
required prior to permitting. The landscaping was very similar to that which was
previously approved. The landscape buffer along High Ridge Road was previously
approved at a width of 8 feet. However, the County had required the dedication of a
is-foot wide strip along High Ridge Road for a future right-of-way. There were no plans
to widen High Ridge Road, and it was unlikely th~ landscaping would be removed in the
future. The applicant was also proposing to add landscaping trees and shrubs on each
lot in the development.
A variety of models were proposed, ranging from one-story to two-stories. The smallest
home would provide 1,875 square feet of air-conditioned space, while the largest would
provide 3,009 square feet of air-conditioned space. All units would include two-car
garages and additional parking would be provided within the development for guests
and overflow. Ms. Zeitler believed this was a much better plan than that which was
previously approved. As a condition of approval, staff was requiring a 6-foot masonry
buffer wall along the north property line adjacent to the single-family home to the
north. The project also was required to comply with the Art in Public Places ordinance.
Staff recommended approval subject to satisfying 55 recommended conditions of
approval. Ms. Zeitler believed the applicant was in agreement with all the conditions,
except for the buffer wall.
Tim Hernandez, New Urban Communities, 398 NE 6th Avenue, Delray Beach, believed,
with the preponderance of townhomes existing along U.S.l and Congress Avenue, there
were few opportunities for single-family detached homes. They would be able to offer
single-family homes starting below $300,000. With regard to the conditions of
approval, they objected to condition #53, contending there were no previous
requirements to place a concrete wall along the north end of the property. Additionally,
they did not believe the wall fit in with the character of the neighborhood. They agreed
to landscape the property, install a fence or whatever else was desired in lieu of a
concrete wall. He requested the condition not be imposed. Secondly, they questioned
the public art contribution requirement. While they were supporters of art in the
community, the additional fee would be difficult for them. They did not believe the fee
was equitable as the density and impact were decreasing. They had no objection to the
remaining conditions.
Mr. Hernandez pointed out there was one single-family dwelling on an acre lot where
the wall was required. He indicated he was philosophically opposed to concrete walls
separating residential uses. Additionally, the wall would require maintenance. If the
intent were to provide a visual barrier, he had no objection to the addition of a fence,
hedge or trees.
18
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27,2007
Ms. Zeitler presented a map reflecting the lot ran the entire length of the north property
line. Most of the homes would include rear-loaded garages. Residents would drive in
the community at night, using headlights. Staff felt the masonry wall would protect the
adjacent property from the headlights.
Acting Chair Casaine inquired whether a hedge would suffice as a buffer. Ms. Zeitler
pointed out the hedge would probably be maintained at three feet in height and it could
take some time for the height to reach a level where it would proVide screening.
Additionally, Ms. Zeitler was unaware of whether the hedge would be opaque enough to
screen headlights and noise from the vehicles and units.
Mr. Hernandez indicated they would work with staff and a horticulturist to put in a
hedge immediately that would grow to a height of six feet. They had no intention of
maintaining the hedge at a three-foot height.
Acting Chair Casaine invited public comments. No one having come forward, public
comments were closed.
Board comments included consideration of foliage or vegetation rather than a wall. Ms.
Zeitler pointed out condition #53 required a hedge be placed on the outside of the wall
as well. Thus, the wall would not be directly on the property line, but would be moved
into the middle of the buffer, with hedges on both sides.
Mr. Lis and Ms. Grcevic believed Mr. Hernandez should be given the opportunity to
meet with the homeowner on the lot in question and present the options available. Ms.
Zeitler indicated PUDs typically had masonry buffer walls along the interior property
lines. Staff did not request a buffer along the west property line as it was adjacent to
the country club which provided a large buffer.
Ms. Jaskiewicz believed hedges could proVide greater soundproofing than a wall could
and would agree to a foliage or vegetation buffer in lieu of a wall.
Discussion ensued as to the application of the Art in Public Places ordinance to major
site plan modifications, and why the condition requiring the wall was being imposed at
this time when it was not previously required.
Mr. Blehar inquired whether staff believed placement of a traffic light at High Ridge and
Miner Roads would be consistent with good traffic planning. Ms. Zeitler believed the
applicant had a traffic study made, and it was determined this development would not
warrant a light at this intersection. Mr. Blehar inquired as to why the developer elected
to construct the garages on the alley side. Mr. Hernandez noted the garages were
placed in the back for aesthetic purposes.
19
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27, 2007
Mr. Barnes inquired whether the board had the discretion to recommend not applying
the conditions. Mr. Breese believed the City Commission would need to revisit their
ordinance and make adjustments for major site plan modifications and other desired
exemptions.
Motion
Mr. Barnes moved to approve the project, subject to condition #40 being reviewed by
the City Commission as to whether it could be waived or not, to recommend waiving
the fee in this case, and to modify condition #53 to include a fence and hedge instead
of a wall. Mr. Lis seconded the motion that passed unanimously.
F. Mr. Hand Wax
Mobile Vendina Unit
1.
PROJECT:
APPLICANT:
OWNER:
LOCATION:
DESCRIPTION:
Mr. Hand Wax (MVU OS-DOl)
Jamil Haddad
Simon Properties Group
Boynton Beach Mall Leased Area
Request for a mobile vending unit permit to
operate an auto detailing business at the
Boynton Beach Mall in accordance with
Ordinance 07-024.
Mr. Breese advised this was the first application to be reviewed under the new adopted
mobile vending unit ordinance. The applicant was requesting formal approval to
operate a mobile vending unit and had negotiated a new lease with Simon Properties
Group, owners of the Boynton Beach Mall. He noted the board was the ultimate
deciding board on this application. It would not go on to the City Commission unless it
was appealed by another party, principally the applicant, if he was not satisfied with the
decision. Staff had reviewed the request and was satisfied all City requirements and
conditions of approval would be fully met. Mr. Breese reviewed all the conditions #1
through #4, which were set forth in the packet.
Jamil Haddad, 11452 Sage Meadow Terrace, Royal Palm Beach, advised he was the
owner of Mr. Hand Wax.
Ms. Jaskiewicz inquired whether this project differed in any way from the previous
business. Mr. Haddad advised the mall required new equipment that was more
representative of the image pursued by the mall owners. The equipment was removed
each day. Mr. Haddad agreed to comply with all four of the conditions and understood
this was necessary in order to be operative.
20
VIII.-PUBLIC HEARING
ITEM G.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[8J December 18, 2007 December 3, 2007 (Noon) 0 February 19,2008 February 4, 2008 (Noon)
0 January 2, 2008 December 17, 2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon)_ .
0 January 15,2008 December 31,2007 (Noon) 0 March 18, 2008 March 3, 2008 (Noon) W
C)
0 February 5, 2008 January 14,2008 (Noon) 0 April 1, 2008 March 17,2008 (Noon)
f"<~
0 Announcements/Presentations 0 City Manager's Report
0
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
[8J Public Hearing 0
RECOMMENDATION: Please place this request on the December 18,2007 City Commission Agenda under
Public Hearing. The Planning and Development Board on November 27,2007, recommended that the request be approved.
For further details pertaining to this request, see attached Department Memorandum No. 07-104.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Boynton Mausoleum (MSPM 07-008)
Jason Mankoff, Weiner & Aronson, P.A.
City of Boynton Beach
1611 South Seacrest Boulevard
Request for a major site plan modification for the addition of an approximately 3,162
square foot mausoleum building, on a 0.93 acre parcel zoned PU Public Usage.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
~
City Manager's Signature
~
Assistant to City Manager
/'
o
Planning & Zo irector City Attorney / Finance
S:\Planning\SHARED\WP\PROJEC S\Boynton Mausoleum\Agenda Item Request Boynton Mausoleum MSPM 07-006 12-18-07,doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-104
STAFF REPORT
TO:
FROM:
Chair and Members
Planning and Develo}lfl1ent Board
<- l./
Michael Rumpf J
: .',
Planning and Zoning Director
Ed Breese ~
Principal Plan;;;
THRU:
DATE:
November 6, 2007
PROJECT NAME/NO:
Boynton Mausoleum
MSPM 07-006
REQUEST:
Major Site Plan Modification
PROJECT DESCRIPTION
Property Owner:
City of Boynton Beach
Applicant:
Boynton Beach Mausoleum, Inc
Agent:
Jason Mankoff, Weiner & Aronson P.A.
Location:
1611 S. Seacre'st Boulevard (see Exhibit "Aft - Location Map)
Existing Land Use/Zoning:
Public & J:>rivate Governmental/Institutional (PPGI) / Public Use (PU)
Proposed Land Use/Zoning:
No change proposed
Proposed Use:
Request for major site plan modification approval for the addition of
an approximately 3,162 square foot mausoleum building, on a 0.93
acre parcel.
Acreage:
0.93 acre
Adjacent Uses:
North:
Previously constructed mausoleum buildings, then farther north right-of-way for
Woolbright Road, then farther north single-family residential homes, zoned Single-
Family (R1-AA);
South:
High Point Condominiums, zoned Multi-Family Residential (R-3);
East:
Cemetery property, then farther east right-of-way for Sea crest Boulevard; and
West:
Boynton Beach Little League Park, zoned Recreation (REe).
""',..'""....,_,""#."_~;.~"""""''''".,,_~'''''_'''::..;,..,~"''~,;!.~.'4.i.;):~'''.,,:;>!i~lIi.....~i~".~..;;,....""..,.,
Staff Report - Boynton Mausoleum (MSPM 07-006)
Memorandum No PZ 07-104
Page 2
Project size:
The project consists of the construction of the last in a series of mausoleum
buildings, with this building consisting of approximately 3,162 square feet.
Site Characteristic: The subject lease parcel is a long narrow piece of land, approximately 40 feet in
width, oriented north/south from Woolbright Road on the north to High Point
Condominiums on the south, and located at the west boundary of the cemetery
property.
Proposal:
Concurrency:
Traffic:
Police & Fire:
Utilities:
Drainage:
School:
Driveways:
BACKGROUND
Boynton Beach Mausoleum, Inc. proposes to construct the last in a series of
mausoleum structures at Boynton Beach Memorial Park. Boynton Beach
Mausoleum, Inc. entered into a thirty (30) year lease agreement with the City in
1978 to construct and maintain mausoleum structures with crypts, niches and a
chapel along the west side of the cemetery. The applicant proposes to construct a
3,162 square foot mausoleum building in line with the previously constructed
mausoleum buildings, connected by covered walkways, at the south end of the site,
just north of the High Point Condominium property.
ANALYSIS
A traffic concurrency approval letter was received from Palm Beach County Traffic
Engineering on October 29, 2007, indicating the project meets the traffic
performance standards of Palm Beach County. No building permits are to be issued
after the build-out date of 2009.
Police and Fire have indicated there are no additional impacts associated with the
proposed project.
The Utilities Department indicates there would be no impacts to their operations
associated with this request.
Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual information for the subject property
to be adequate and is recommending that the review of specific drainage solutions
be deferred until time of permit review (see Exhibit "c" - Conditions of Approval).
This project is exempt from the school concurrency requirements of Palm Beach
County.
The subject property fronts on Woolbright Road, approximately 2,000 feet west of
Sea crest Boulevard. Existing on-site circulation consists of two (2) driveways east
of the leased parcel off of Woolbright Road, through the cemetery, and one (1)
driveway off of Sea crest Boulevard, also through the cemetery.
Staff Report - Boynton Mausoleum (MSPM 07-006)
Memorandum No PZ 07-104
Page 3
Parking Facility: Cemeteries/Mausoleums do not have specific parking requirements listed within the
City's Land Development Regulations. Typically, cemeteries provide a limited
number of parking spaces associated with the office and maintenance components
of the operations. Visitors to the gravesites or places of interment normally park
near the gravesite, along the internal circulation drive, for a short duration. As a
result, few formal parking spaces are usually provided unless a funeral home is
located within the cemetery itself. As such, Chapter 2, Zoning, Section 11,
Supplemental Regulations, H.5. states, "No fewer than four (4) parking spaces shall
be provided for any nonresidential use". The cemetery provides space for six (6)
parking spaces at the office/maintenance building. Traffic circulation is provided
throughout the cemetery and to each of the existing and the proposed mausoleum
structures. The existing road system allows for ease of movement by emergency
and general service providers as well.
Landscaping: The addition of the last in a series mausoleum structures is designed to follow the
same landscape theme of the previous structures. The planting design involves the
placement of a hedge along the east side of the mausoleum building, adjacent to
the circulation drive.
Building and Site: The building design is proposed to match that of the previously approved
mausoleum structures. Sheet A4 provides an illustration of the proposed building
facades, with three (3) sides of the building consisting of polished marble, with
marble edging, limestone fascia and limestone columns. The fourth side (south
elevation), is proposed as a stucco finish, with marble edging and limestone fascia.
The building is designed at a height of approximately 16 feet - 6 inches, well within
the allowed height of 45 feet within the Public Usage (PU) zoning district. The
proposed mausoleum will be connected by covered walkway to the previously
constructed mausoleum buildings. It is proposed to be the southernmost building in
line, with a setback of approximately 32 feet from the south end of the site,
abutting High Point Condominiums.
The site plan was originally submitted showing the proposed mausoleum to
encroach across the west property line of the cemetery, though still within City-
owned property, generally similar to how a previous phase was approved and
constructed. Staff has found this design to be inconsistent with the agreement
governing the construction of mausoleum buildings in the cemetery, and therefore
requested that the building be relocated wholly onto the cemetery property. The
applicant relocated the mausoleum within the property line, but it appears as
though the building, as designed, will not fit completely within the 40-foot wide
lease area. As such, a comment remains requiring the building to be modified
and/or sited to avoid any encroachments and ensure placement within the lease
area as indicated within the agreement with the applicant (see Exhibit "C" -
Conditions of Approval).
DeSign:
The color on the mausoleum is proposed to match the existing pale pink marble
buildings to which it will be connected. The building style, materials and colors are
compatible with surrounding development.
Staff Report - Boynton Mausoleum (MSPM 07-006)
Memorandum No PZ 07-104
Page 4
Signage:
The applicant is not proposing any new signage in conjunction with these
improvements.
RECOMMENDATION:
The Technical Application Review Team (TART) has reviewed this request for major site plan modification
approval. Staff recommends approval, contingent upon all comments indicated in Exhibit"C" - Conditions
of Approval. Staff recommends that the deficiencies identified in this exhibit be corrected on the set of
plans submitted for building permit. Also, any additional conditions recommended by the Board or City
Commission shall be documented accordingly in the Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Boynton MausoleumV.15PM 07-006\Staff Report.doc
.
Boynton Mausoleum 1611 S. Seacrest Blvd
EXHIBIT A
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g ~ g~::!~ BOYNTON BEACH MAUSOLEUM INC.
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BOYNTON MAUSOLEUM ADDITION
BOYNTON BEACH MAUSOLEUM INC.
iSH SOUTIHlEACRESTBOUlEVARO
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22 ocr 200? REL.E'ASE FW ESJIrMTE/CUENT IItEVIEW
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:ze OCT 2007 __._....D.lfl5Ifltoars...-s
N:UA5( FOR a.JJNI:;. DEPT. REYIEW
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''''5 WEST UBERTY IWENJE
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PREUW BY:
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CtttaCED ev: ns
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CER1lF1EDB'I':
{~~q;. Z'OG:-r-a.n
EXHIBIT "e"
Conditions of Approval
Project name: Boynton Mausoleum
File number: MSPM 07-006
Reference: 2nd review plans identified as a Major Site Plan Modification with an October 30, 2007 Planning &
d
Zoning ate stamp marking.
I DEPARTMENTS I INCLUDE I REJECT ]
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. LDR Chap. 3, Art. IV, Sec. 3(0) requires Master Plans to show all utilities X
on or adjacent to the property. The plan must therefore show the (any) point
of service for water, and the proposed off-site utilities construction needed
in order to service this project. This would include any irrigation systems
currently in use.
2. Any and all utility easements shall be shown on the rectified site plan and X
any landscaping drawings so that we may determine which appurtenances, I
trees or shrubbery may interfere with potential 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.
LDR Chap. 7.5, Art. I, Sec. 18.1 give public utilities the authority to remove
any trees that interfere with utility services, either in utility easements or
public rights-of-way.
FIRE
Comments: None X
POLICE i
!
Comments: None X I
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ENGINEERING DIVISION
Comments:
3. The proposed site plan is reflecting several drywells (on the west side of the X
proposed building). Provide drainage calculations showing the amount of
rainfall to be retained on-site.
4. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
5. 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.
BUILDING DIVISION
Comments:
6. 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.
7. 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.
8. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
9. Identify within the site data the finish floor elevation (lowest floor elevation) X
that is proposed for the building. Verify that the proposed elevation is in
compliance with regulations of the code by adding specifications to the site
data that address the following issues:
A) The design professional-of-record for the project shall add the following
text to the site data. "The proposed finish floor elevation _' _ NGVD is
above the highest 100-year base flood elevation applicable to the building
site, as determined by the SFWMD's surface water management
construction development regulations."
B) From the FIRM map, identify in the site data the title of the flood zone
that the building is located within. Where applicable, specify the base flood
elevation. If there is no base flood elevation, indicate that on the plans.
C) Identify the floor elevation that the design professional has established for
the building within the footprint of the building that is shown on the
DEPARTMENTS INCLUDE REJECJ
drawings titled site plan, floor plan and paving/drainage (civil plans).
10. At time of permit review, submit separate surveys of each lot, parcel, or X
tract.
11. Add a general note to the site plan that all plans submitted for permitting X
shall meet the City's codes and the applicable building codes in effect at the
time of permit application.
12. 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.
13. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. The addressing plan
shall be approved by the United States Post Office, the City of Boynton
Beach Fire Department, the City's GIS Division, and the Palm Beach
County Emergency 911.
A) Palm Beach County, Planning, Zoning, & Building Division, 100
Australian Avenue, West Palm Beach, Florida (Sean McDonald-561- I
233-5013 ).
B) United States Post Office, Boynton Beach (Michelle Bullard-561-734-
0872).
14. Sheet Al - The bottom of all footings shall be a minimum of 12 inches X
below grade per the FBC Sect 1805.1. Revise the note on Sheet AI.
P ARKS AND RECREA nON
Comments:
15. Plant sizes do meet minimum dimension requirements within the code. X
Please correct.
16. Irrigation should have 110% coverage. X
17. The use of cypress mulch is prohibited. X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
18. It is the applicant's responsibility to ensure that the new site plan is publicly X
advertised in accordance with Ordinance 04-007.
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
19. The applicant is responsible for compliance with Ordinance 05-060, the" Art X
in Public Places" program and must demonstrate their participation.
20. Modify the plans and/or the proposed mausoleum building to show the X
placement of the building in the area described in Exhibit "A" of the 1978
Agreement between the City and Boynton Beach Mausoleum, Inc.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S :\Planning\SHARED\ WP\PROJECTS\Boynton Mausoleum \COA,doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Boynton Mausoleum
APPLICANT'S AGENT: Weiner & Aronson, P.A.
APPLICANT'S ADDRESS: 102 N. Swinton Avenue, Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 18, 2007
TYPE OF RELIEF SOUGHT: Request for major site plan modification approval for the addition of an
approximately 3,162 square feet mausoleum building, on a 0.93 acre
parcel.
LOCATION OF PROPERTY: 1611 S. Seacrest Boulevard
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S :\Planning\SHARED\WP\PROJECTS\Boynton Mausoleum\DO ,doc
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27, 2007
Vote
The motion passed 6-1 (Mr. Lis dissenting).
The meeting recessed at 9:06 p.m. and reconvened at 9:12 p.m.
D. Boynton Mausoleum
Major Site Plan Modification
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Mausoleum
Jason Mankoff, Weiner & Aronson, P .A.
City of Boynton Beach
1611 South Seacrest Boulevard
Request for a major site plan modification for
the addition of an approximately 3,162 square
foot mausoleum building, on a 0.93 acre
parcel zoned PU Public Usage.
Mr. Breese advised the proposal was for a 3,162 square foot mausoleum structure.
Boynton Beach Mausoleum entered into a 3D-year lease agreement with the City in
1978 to construct and maintain mausoleum structures with crypts, niches and a chapel
along the west side of the cemetery. The landscape plan would be similar to the rest of
the mausoleum structures. The design would provide for a hedge along the east side
of the mausoleum, adjacent to the circulation drive. The building design was proposed
to match the other buildings already on the site. Three sides of the building would
consist of polished marble, with marble edging and limestone fascia. The fourth side
(south elevation) was' proposed as a stucco finish with marble edging and limestone
fascia. The building was designed at approximately 16 feet in height, well within the 45
feet allowed in the Public Usage (PU) zoning district. It appeared as though the
building as designed would not fit completely on the 40 foot wide lease area. A
condition of approval required the building be modified or sited to avoid any
encroachments and to ensure its placement was within the lease area as indicated in
the agreement with the applicant. Staff recommended approval of the request.
Ms. Jaskiewicz inquired whether the condition had been resolved. Mr. Breese advised
staff had discussions with the applicant and he did not foresee a problem with the
condition.
Jason Mankoff, Weiner & Aronson, P.A., advised they had accepted all the conditions
of approval, and the issue had been resolved. The architect was drawing up the plans
indicating the building was within the 40 foot wide area, and the plans would be
submitted to the City some time next week.
16
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27, 2007
Acting Chair Casaine invited public comments. No one having come forward, public
comments were closed.
Mr. Blehar inquired whether the applicant could improve the landscaping along the
perimeter. Mr. Breese commented it would not be an issue for the applicant, as it was
a City-owned cemetery. He added palm trees were recently planted at the site, but it
would be a tremendous expense to lushly landscape around the perimeter of the site.
Motion
Mr. Lis moved approval. Ms. Grcevic seconded the motion that passed unanimously.
E. High Ridge PUD
Malor Site Plan Modification
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESSCRIPTION:
High Ridge PUD (MSPM 07-010)
Tim Hernandez, New Urban High Ridge, LLC
New Urban High Ridge, LLC
Northwest corner of High Ridge Road and
Miner Road
Request for a major site plan modification to
change the type of housing unit approved from
48 single-family detached units (a net
reduction of 64 units), and to change other
site-related improvements on 18.44 acres
zoned PUD.
Kathleen Zeitler, Planner, advised the project was previously approved for a total of 174
units consisting of 48 single-family detached and 126 townhouse units. The applicant
wished to reduce the number of units to 110 single-family detached units. The property
located at the northwest corner of Miner Road and High Ridge Road was previously
approved and received a site plan time extension. The reduction in density would
decrease from 9.43 dwelling units per acre to 5.96 dwelling units per acre. A revised
traffic concurrency approval would be required as a condition of approval prior to
permitting. The applicant recently received the school concurrency approval.
In the previously-approved development, single-family detached units were located on
the larger lots to the west, adjacent to the country club. The smaller lots were along
High Ridge Road where the fee-simple townhouse units were going to be built. The
applicant proposed a new site plan that basically was the same with respect to the large
lots. The lake and amenity areas with the pool and pool house remained. The only
changes were to the street and lot layouts along High Ridge Road, where single-family
17
VIII.-PUBLIC HEARING
ITEM H.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
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
r2J December 18, 2007 December 3, 2007 (Noon) D February 19,2008 February 4, 2008 (Noon)
D January 2, 2008 December 17, 2007 (Noon) D March 4, 2008 February 19,2008 (Noon)
D January 15,2008 December 31, 2007 (Noon) D March 18, 2008 March 3,2008 (Noon) c..)
c,
>..-...-'
D February 5, 2008 January 14, 2008 (Noon) D April I, 2008 March 17,2008 (Noon)
D Announcements/Presentations D City Manager's Report (--:--:
0
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfmished Business
r2J Public Hearing D
RECOMMENDATION: Please place this request on the December 18, 2007 City Commission Agenda under
Public Hearing. The Planning and Development Board on November 27,2007, recommended that the request be approved,
For further details pertaining to this request, see attached Department Memorandum No. 07-118.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
Meadows Townhomes (NWSP 07-005)
Steven L. Cohen, Steven L. Cohen & Associates, P .A.
NICO Development, Inc.
100 Meadow Circle; north of Meadows Boulevard, approximately 2,500 feet west of Congress
Avenue
Request for new site plan approval for 34 townhouse units and related site improvements on 7.966
acres zoned PUD.
DESCRIPTION:
PROGRAM IMPACT:
FISCALIMPACT:~.
ALTERNATTVES: ' .
Developm~nt epartment Director
~~
City Manager's Signature
Assistant to City Manager ~
/~)7 ?
~a~mg & z~ Director
City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Meadows 300\Meadows Townhomes\NWSP 07-005\Agenda Item Request Meadows Townhomes NWSP 07-005
12-18-07.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
The Clark House
102 North Swinton Avenue
Delray Beach, FL 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: mweiner@zonelaw.com
VIII.-PUBLIC HEARING
ITEM G. ADDITIONAL
INFORMATION
~~
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
December 14, 2007
Via Hand-Delivery & Email
Ms. Janet Prainito, City Clerk
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Re: Boynton Beach Mausoleum
Our File No.: 05BB002
N
Dear Ms. Prainito:
We respectfully request a tabling of the Site Plan Modification concerning the
Boynton Beach Mausoleum scheduled for the Tuesday, December 18, 2007 City
Commission hearing until the first City Commission hearing in January of 2008. This
tabling is being requested in order to address the issues brought up by Mr. Chuck
Magazine, Risk Manager for the City of Boynton Beach in an e-mail, which is attached
as Exhibit "A." This was only received by my office on behalf of my client on December
12,2007.
My client reserves all rights. Thank you very much for your consideration. Please
let me know if this tabling can be approved prior to the City Commission hearing.
Very truly yours,
f
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Mi'cha'el ~ Weiner
MSW:vf
Cc: Mr. Michael Rumpf (wI enclosure via e-mail)
Mr. Quintus Greene (wI enclosure via e-mail)
James Cherof, Esquire (wI enclosure via e-mail)
Mr. R. Brady Osborne (wI enclosure via e-mail)
Brady Osborne, Jr., Esquire (wI enclosure via e-mail)
Jason S. Mankoff, Esquire (wI enclosure)
O:\OS B B00211.etter to B B City Clerk Janet Prain ita re postponement December 14, 2007.doc
Page 1 of2
EXHIBIT 'AI
Jason Mankoff
From: Breese, Ed [BreeseE@ci.boynton-beach.fl.us]
Sent: Wednesday, December 12,20073:14 PM
To: Jason Mankoff
Subject: FW: Boynton Mausoleum
Jason,
I have not had a chance to review the plans you just dropped off, but thought you should be aware of this e-mail
Mike received. Ed
-----Original Message-----
From: Rumpf, Michael
Sent: Monday, December 10, 2007 4:27 PM
To: Breese, Ed
Subject: FW: Boynton Mausoleum
From: Magazine, Chuck
Sent: Monday, December 10, 2007 4:24 PM
To: Lejeune, Carisse; Bressner, Kurt
Cc: Rivers, Jody; Prainito, Janet; Balfe, Tom; Jenkins, Bobby; Cheraf, James; Greene, Quintus; Rumpf, Michael
Subject: Boynton Mausoleum
The Mausoleum Transition Team was initiated by the City Manager and met on September 17, 2007. At that
meeting, my notes show that building plans had been submitted. The contract between the City and Boynton
Beach Mausoleum, Inc. is to expire on October 20, 2008. The City Attorney was to secure information from the
Mausoleum's attorney, Mr. Weiner, concerning copies of all contracts to date, which were supposed to have been
submitted to the City Clerk's office, but had not been. I am not aware that this information has been provided to
the City.
I also have a major concern regarding the structures proposed to be built. In November, 2003, there was a major
"leak" from one of the current mausoleum crypts. Sixteen crypts had to be emptied and cleaned by an outside
contractor. Mr. Brady Osborn, of Boynton Beach Mausoleum, refused to take responsibility or even assist in the
cleanup of these crypts. One of the unanswered questions from Mr. Osborne, after this incident, was why didn't
the drainage system built into the structure work. The Cemetery Board ended up reimbursing the City almost
$20,000 to cover the cost of the cleanup. One of my concerns is that if Boynton Beach Mausoleum is to build
another structure, could a similar incident occur? Furthermore, will Mr. Osborne again refuse to accept
responsibility for the structure which he was responsible for building?
It is also my understanding that Mr. Osborne has sold, in advance, crypts for which he has not yet received
approval to build. If approval is not granted, the City has no information or documentation regarding such sales.
have checked with the City Clerk's office and they have advised me that no such documentation has been
provided to their office. If the City receives inquiries regarding sales of such crypts, are we to refer them to Mr.
Osborne? Will Mr. Osborne refund the moneys from the sales of these crypts? There are many unanswered
questions.
I would therefore recommend that the City Commission Agenda for December 18, 2007, item VIII. Public
Hearings, G. Boynton Mausoleum (MSPM 07-008), be tabled or removed from the agenda until further
information is obtained from Boynton Mausoleum regarding current issues and questions outstanding.
12/1412007
Page 2 of2
Thank you.
Chuck Magazine
Risk Manager
City of Boynton Beach, FL
magazinec@ci.boynton-beach.fI.us
(561) 742-6042
This e-mail transmission.andanyattachments.isintended for the person(s) listed here on this electronic
submission and no one else as it might contain confidential and privileged information. If you have received this
e-mail in error, please call the telephone number referenced above and please destroy all copies immediately.
Thank you for your cooperation.
12/140007
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-118
STAFF REPORT
TO:
FROM:
Chair and Members
Planning and Devel~t Board and City Commission
Michael Rump;LlJJ C
Planning and Zoning Director
Ed Breese ~
Principal Planner
THRU:
DATE:
November 2, 2007
PROJECT NAME/NO:
Meadows Townhomes / NWSP 07-005
REQUEST:
New Site Plan
PROJECT DESCRIPTION
Property Owner:
NICO Development, Inc.
Applicant:
Mr. James M. Beeson, Jr.
Agent:
Mr. Steven Cohen - Steven L. Cohen & Associates, P.A.
Location:
100 Meadows Circle, north of Meadows Boulevard,
approximately 2,500 feet west of Congress Avenue (see
Exhibit "A" - Location Map)
Existing Land Use/Zoning:
Low Density Residential (LDR) (4.84 du/ac) / Planned Unit
Development (PUD)
Proposed Land Use/Zoning:
No Change
Proposed Use:
Request site plan approval for 34 townhouse units
Acreage:
7.966 acres (346,978 square feet)
Adjacent Uses:
North:
Freedom Shores Elementary School, with a land use designation of Moderate
Density Residential (MODR) and zoned Single-Family Residential (R-1);
South:
Immediately south are developed condominiums in Tracts G & H of the Meadows
PUD (Meadows on the Green, fka Club Meadows), and farther south are the rights-
of-ways of Meadows Boulevard and Springfield Boulevard;
Staff Report - Meadows Townhomes (NWSP 07-005)
Memorandum No PZ 07-118
Page 2
East: To the northeast is Freedom Shores Elementary School, with a land use designation
of Moderate Density Residential (MODR) and zoned Single-Family Residential (R-1)
and to the southeast are developed condominiums in Tracts G & H of the Meadows
PUD (Meadows on the Green, fka Club Meadows); and
West: Developed single-family residential (Nautica Sound PUD), with a land use
designation of Low Density Residential (LDR) and zoned PUD.
Site Characteristic: According to the survey, the subject site is currently developed with only a three
(3) acre lake and a portion of the pathway that borders the lake and continues onto
Tract G (Meadows on the Green Condominiums). Also, a bermed buffer easement
runs along the west side of the parcel abutting Nautica Sound PUD, along with a
10-foot wide FPL easement. The highest elevation on the berm is 21.52 feet,
located approximately at the midpoint of the west property line, while the highest
elevation of natural ground is a point 17.79 feet above sea level, located near the
northeast corner of the property.
Proposal:
Concurrency:
Traffic:
Drainage:
School:
BACKGROUND
Mr. Steven Cohen, agent for NICO Development, Inc., proposes to develop the
subject property with 34 townhouse dwelling units. The project also involves the
slight reconfiguration of the lake and pathway amenities and would be built in one
(1) phase. The site previously received City Commission approval for 34 townhouse
units in 2006. However, the property was subsequently sold and the approvals
expired before the new owner submitted for building permits. The subject site plan
is practically identical to the previously approved project, with noted modifications
including the introduction of garages with each unit, the elimination of the lift
station and dumpsters, and the building facades were slightly changed with the
inclusion of garages.
ANALYSIS
A traffic statement was previously sent to the Palm Beach County Traffic Division
for concurrency review in order to ensure an adequate level of service. The City
received a letter from Palm Beach County Traffic Division, dated June 7, 2006;
indicating that the project is part of a pre-1990 approved PUD, and therefore meets
the Traffic Performance Standards of Palm Beach County.
Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual information 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).
No confirmation of school concurrency has yet been received from the School
District of Palm Beach County. As such, no building permits may be issued until
Staff Report - Meadows Townhomes (NWSP 07-005)
Memorandum No PZ 07-118
. Page 3
the School District of Palm Beach County confirms that adequate capacity exists to
accommodate the proposed 34 units (see Exhibit "C" - Conditions of Approval).
Driveways: The site plan (Sheet A1.2) shows that one (1) point of ingress / egress is proposed
at the southwest corner of the property, running south through the Meadows on
the Green Condominiums and connecting to a short drive running west off of
Meadows Boulevard. This entrance / exit, when scaled from the plans, appears to
be approximately 44 feet in width, with four (4) 10 foot lanes and a landscape
island/median between. This drive is proposed to be gated from the condominium
complex immediately to the south.
Parking Facility: The project consists of three (3) bedroom dwelling units, which require two (2)
parking spaces per unit. The project proposes 34 residential units and therefore,
would require 68 parking spaces. The applicant has provided three (3) parking
spaces per unit and a total of 121 parking spaces, or an excess of 53 spaces. The
parking is proposed within individual garages and along the drive aisle in front of
each building. Parking spaces are dimensioned 9.5' X 18.5', with a drive aisle
dimension of 25 '.
Landscaping: According to the site plan tabular data (Sheet A1.2), the proposed pervious area
would total 34.42% of the site. Additionally, 3.03 acres of the subject property
would be set aside for the existing lake centrally located on the parcel. The
landscape data (Sheet LP-2) indicates that 73% of the shade and palm trees would
be native. The landscape data indicates that 52% of the shrubs would also be
native. The plan shows that a bermed landscape buffer 15-feet in width exists on
the west perimeter of the property, abutting Nautica Sound PUD. This berm is
planted with areca palms in an effort to form a solid landscape buffer. Staff
recommends that any gaps within the existing buffer, due to missing or damaged
landscape material, be planted with areca palms similar in size, to re-establish the
landscape buffer (see Exhibit "C" - Conditions of Approval). A five (5) foot
landscape buffer is proposed along the north property line abutting Freedom
Shores Elementary School. The landscape plan indicates that the north buffer
would also contain areca palms to be planted at a height between 5 and 6 feet,
and the east buffer along the school is designed to vary in width to follow the
walking path around the lake and would contain Live Oak, Gumbo Limbo and
Orange Geiger trees, as well as Sabal palms. The south buffer abutting the
Meadow on the Green condominium complex is proposed to be planted with
Gumbo Limbo and Yellow Elder trees.
The typical landscape design around the town home buildings consists of silver
buttonwood, firebush, and myrsine material/foundation plantings, thryallis,
fakahatchee grass and arbicola accent shrubs, along with Orange Geiger and Silver
Buttonwood trees and Alexander and Sabal palm trees.
Building and Site: The PUD regulations require that perimeter buffers and setbacks within PUDs must
mirror those in abutting development to ensure adequate separation between
buildings. The building setbacks in the Nautica Sound Planned Unit Development
to the west were approved with rear setbacks of 15 feet abutting the proposed
Staff Report - Meadows Townhomes (NWSP 07-005)
Memorandum No PZ 07-118
Page 4
Design:
Signage:
Meadows Townhomes parcel. As mentioned earlier, there is an existing 15-foot
bermed landscape buffer on the proposed townhome parcel adjacent to Nautica
Sound. The closest any of the townhome units are proposed to Nautica Sound's
east property line is 26' - 4", at the northwest corner of the townhouse property,
with the aforementioned landscape berm in between. This is approximately five (5)
feet further from Nautica Sound than the originally approved plan. At the northeast
corner, the townhomes would be setback 21' - 0" from the Freedom Shores
Elementary School property line, which is approximately seven (7) feet closer than
the original approval. Finally, at the south end of the property, the townhomes are
proposed to be in excess of 145 feet from the first condominium building in the
Meadows on the Green complex.
The seven (7) townhome buildings, totaling 34 units, are arranged around the lake
in clusters of four (4) and six (6) units. The elevations show that the mean height
of the two (2) story homes measures approximately 25 feet in height and the peak
of the roof would be 28 feet - eight (8) inches tall, well below the maximum height
allowed in the PUD zoning district of 45 feet. The project proposes the townhouse
units as three (3) bedroom/2.5 bath, with air-conditioned living areas ranging
between 1,573 and 1,588 square feet.
Architecturally, the design of the buildings would probably be considered
"contemporary", with a touch of Mediterranean Revival. The town homes would be
two (2) stories tall, with a hip/gable roof combination. The proposed roofing
material would be a Certainteed shingle roof tile called "Fieldstone", which has the
appearance of a variety of umber earthtones. The elevations show that the
exterior finish of the walls would be textured stucco. The applicant is proposing
the following colors: The lower portion of the exterior wall area would be painted a
medium tan (Benjamin Moore - Beeswax #2157-40). The body of the wall area,
which contains the greatest portion of mass, would be painted a light tan color
(Benjamin Moore - Crisp Straw #2157-50). The accent moldings and fascia would
be a cream color (Benjamin Moore - Tudor Cream #2157-60). The columns and
decorative moldings at each doorway and decorative louvers would be painted an
ivory white color (Benjamin Moore - Ivory Tower#2157-70). Lastly, the doors,
shutters and decorative railings would be a muted green color (Benjamin Moore -
Aegean Teal #2136-40).
The applicant is proposing a CBS monument sign, approximately four (4) foot tall
by eight (8) foot in width, painted to match the townhouse wall colors, with black
lettering.
RECOMMENDATION:
The Technical Advisory Review Team (TART) has reviewed this request for new site plan approval. Staff
recommends approval of the site plan, subject to satisfying all comments indicated in Exhibit "C" -
Conditions of Approval. Any additional conditions recommended by the Board or approved by the City
Commission shall be documented accordingly in the Conditions of Approval.
S:\Planning\Shared\Wp\Projects\Meadows 300\Meadows Townhomes\NWSP 07-005\Staff Report.doc
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EXHIBIT "e"
Conditions of Approval
Project name: Meadows Townhomes
File number: NWSP 07-005
Reference: 2nd review plans identified as a New Site Plan with an October 30, 2007 Planning & Zoning date
ki
stamp mar ng.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments:
1. Prior to permit application contact the Public Works Department (561-742- X
6200) regarding the storage and handling of refuse per the CODE, Section
10-26 (a).
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
2. All utility easements and utility lines shall be fully shown on the site plan 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 may interfere with utility
services, either in utility easements or public rights-of-way. Relocate light
poles and canopy trees out of utility easements.
3. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE. Section 26-12).
4. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with !
20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section
16, or the requirement imposed by insurance underwriters, whichever is
greater (CODE, Section 26-l6(b)).
Conditions of Approval
2
DEPARTMENTS INCLUDE ~
5. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X
for this project either upon the request for the Department's signature on the
Health Department application forms or within seven (7) days of site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand.
6. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X
water. As other sources are readily available City water shall not be allowed
for irrigation.
7. Water and sewer lines to be owned and operated by the City shall be included X
within utility easements in accordance with the LDR, Chapter 6, Article IV,
Section 6. 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(e).
8. 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.
9. A building permit for this project shall not be issued until this Department has X
approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
10. Utility construction details will not be reviewed for construction acceptability X
at this time. All utility construction details shall be in accordance with the
Utilities Department's "Utilities Engineering Design Handbook and
Construction Standards" manual (including any updates) and will be
reviewed at the time of construction permit application.
FIRE
Comments: None X
POLICE
Comments:
11. Mailboxes for multi-units should be placed in a high activity and X
conspicuous location for enhanced safety and natural surveillance of users.
For safety purposes due to cars stopping in the rights of way for mail pick-
up and for maximum efficiency in delivering the mail, both the City and the
Postmaster request that all mail kiosks be placed in a central location for
delivery and pick-up.
DEPARTMENTS INCLUDE REJECT
ENGINEERING DIVISION
Comments:
12. At the time of permitting, all projects one-acre or larger shall submit a X
Notice ofIntent (NOI) to the FDEP for coverage under the NPDES Generic
Permit. Copies of the NOI shall be provided to the City of Boynton Beach
Department of Public Works/Engineering Division and Utilities
Department/Engineering Division.
13. All comments requiring changes and/or corrections to the plans shall be X I
reflected on all appropriate sheets.
14. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory I
Review Team (TART) process does not ensure that additional comments
may not be generated by the Commission and at permit review.
15. Upon satisfactory Commission approval of the site plan, the applicant shall X
enter the record plat process through the City's Engineering Division. A
preliminary record plat application may be initiated during the site plan
review to expedite issuance of the Land Development Permit.
16. Full drainage plans, including drainage calculations, in accordance with the X I
LDR, Chapter 6, Article IV, Section 5 and Section 10.Z will be required at
the time of permitting.
17. 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:
18. 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.
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).
20. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
21. 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.
Conditions of Approval
4
DEPARTMENTS
INCLUDE
22. 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.
23. 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 numbers 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, Section, Sections 26-34)
24. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or Conveyance of property. The following
information shall be provided: -
A) A legal description of the land.
B) The full name of the project as it appears on the Development Order and
the Commission approved site plan.
C) If the project is a multi-family project, the building numbers must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
D) The number of dwelling units in each building.
E) The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(f)).
25. 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.
26. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. The United States
Post Office, the City of Boynton Beach Fire Department, the City's GIS
Division, and the Palm Beach County Emergency 911 shall approve the
address plan.
A) Palm Beach County Planning, Zoning & Building Division, 100 Australian
Avenue, West Palm Beach, Florida (Sean McDonald: 561-233-5013)
B) United States Post Office, Boynton Beach (Michelle Bullard:
561-734- 0872)
REJECT
DEPARTMENTS INCLUDE REJECT
PARKS AND RECREATION
Comments:
27. The plan indicates live oaks to be planted in areas that are only seven (7) X
feet wide. The root structure will be hampered by this condition, and the
tree will not withstand heavy winds. Recommend using another species in
those small areas.
28. Bubblers are required on all trees. Irrigation is to have separate areas for X
grass and bedded areas. Coverage is to be 110%.
29. Park Impact Fee: 34 Single Family Attached homes @ $1,049.00 per home X
= $35,530.00 to be paid prior to issuance of first permit.
FORESTER/ENVIRONMENT ALIST
Comments:
Lake Plantin2s-LP-l X
30. The applicant must provide a copy of the Lake Management Plan
(document) to be included with the Homeowner Association documents and
the re-plat of the property. [Environmental Regulations, Chapter 7.5,
Article II Sec. 5.R.p.13.]
31. A time zero and quarterly monitoring report for two years is required of the X
developer.
Plant Material Sheets LP-l. 2 X
32. The shade tree (Orange Geiger) must be shown in the description as a
minimum ofthree (3) inches DBH (4.5 feet off the ground) [Environmental
Regulations, Chapter 7.5, Article II Sec. 5.C. 2.]
I
PLANNING AND ZONING
Comments:
33. It is the applicant's responsibility to ensure that the new site plan is publicly X I
advertised in accordance with Ordinance 04-007. i
34. The project must obtain approval from the School District of Palm Beach X
County regarding school concurrency prior to the issuance of a building i
I
permit.
35. Provide response from the school regarding potential access for school X
children in the neighborhood via a gate in the fence and improved walkway.
36. Landscape drawings indicate an existing 18 foot tall Areca Palm buffer X
along the west perimeter. Any gaps in the landscaping shall be filled in with
like-size Areca Palms and this buffer shall be dense, so as not to allow
headlights to show through.
Conditions of Approval
6
DEPARTMENTS INCLUDE REJECT
37. 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.).
38. At the time of permitting, depict what provisions are being made to ensure X
the residents in the vicinity will not be disturbed by audible entry gate call
box.
39. Provide copy of the recorded ingress/egress easements that provide access to X
this project at time of plat.
40. Conduct any warranted environmental audits on the property and satisfy any X
applicable County or State regulations regarding the preservation,
relocation, etc. of recognized or protected plants or animal species.
41. At the time of permit application, submit revised photometric plans in X
accordance with Chapter 23, Article II, A.l.a., which requires a minimum
average light level of one (I) foot candle, with no more than 10% of the
readings below one (1) foot candle and none below 0.5 foot candles.
Additionally, at the same time, the photometric plan should be submitted to
the Senior Engineer for review and approval.
42. At the time of permit application, submit a revised monument sign detail, X
depicting the sign landscaped on all sides with a minimum of two (2) types
of colorful shrubs and one signature tree.
43. The applicant is responsible for compliance with Ordinance 05-060, the" X
Art in Public Places" program and must demonstrate their participation.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I To be determined. I I I
S :\Planning\SHARED\ WP\PROJECTS\Meadows 300\Meadows T ownhomes\NWSP 07 -005\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Meadows Townhomes
APPLICANT'S AGENT:
Steven L. Cohen
APPLICANT'S ADDRESS:
2941 Cypress Creek Rd Suite 102 Ft. Lauderdale, FL 33309
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 18, 2007
TYPE OF RELIEF SOUGHT: Request New Site Plan approval for construction of 34 townhome units
and associated site improvements on 7.966 acres.
LOCATION OF PROPERTY: 100 Meadows Circle
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7 . Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Meadows 300\Meadows Townhomes\NWSP 07-005\DO.doc
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27,2007
Mr. Saberson agreed with comments made by Mr. Lis. He objected to the height of the
structure and would rather it be spread out. He believed staff had correctly analyzed
the criteria for a variance, and although circumstances were unique, they still did not
meet the criteria. Ms. Jaskiewicz agreed the applicant had not met the requirements as
staff indicated.
Mr. Barnes believed visibility was not the issue, and the problem pertained to the
number of floors requested. He added many hotels agreed to the lower height
restrictions. He felt the only peculiar condition of the property was that it did not meet
the Holiday Inn's expectations or requirements and believed the basis for the variance
request was not accurate
Mr. Blehar expressed disappointment in the low turnout for the Leisureville community.
He believed the architect did a good job of breaking up the five stories, and making it
an attractive building. However, he agreed with staffs viewpoint that the case for
allowing the height variance was weak.
Acting Chair Casaine indicated he was in favor of the project and believed it was
necessary. However, he believed the recommendations offered by staff were valid and
should be further explored. He would like to see the organization represented have the
amount of rooms sought, providing they met the criteria presented by staff. He did not
believe the location was a problem. Holiday Inns were managed well and patronized for
their competitive rates. While he observed wide support for the project and would like
to see it go forward, he indicated his agreement with staffs recommendations.
Motion
Mr. Saberson moved that the variance requested be denied. Mr. Lis seconded the
motion that passed unanimously.
C. Meadows Townhomes
New Site Plan
DESCRIPTION:
Meadows Townhomes (NWSP 07-005)
Steven L. Cohen, Steven l. Cohen &
Associates, P.A.
NICO Development, Inc.
100 Meadow Circle; north of Meadows
Boulevard, approximately 2,500 feet west of
Congress Avenue
Request for new site plan approval for 34
townhouse units and related site improvements
1.
PROJECT:
AGENT:
OWNER:
LOCATION: .
12
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27, 2007
on 7.966 acres zoned PUD.
Mr. Breese reviewed the request. The site was approved in 2006 by this board and the
City Commission for the 34 townhouse units. The property was subsequently sold and
the approvals expired prior to the new owner's application for the necessary permits.
The subject site plan was nearly identical to the previous project. The noted
modifications included the introduction of garages, elimination of the lift station and
dumpsters against the west property line, and the facades were changed slightly with
the inclusion of the garages. The two-story units within the seven townhouse buildings
were arranged along the lake in clusters of four and six units in each building. The
units would consist of three-bedrooms and 2.5 baths, with air-conditioned living areas
ranging between 1,573 and 1,588 square feet. The plan indicated a landscaped berm
15 feet in width between the proposed parcel and Nautica Sound, with Areca palms
planted on top, ranging at approximately 18 feet in height. Staff recommended any
gaps in the landscaped berm be filled in with like-sized Areca palms to provide the
necessary buffer. Planned Unit Development CPUD) regulations required that perimeter
buffers matched the setbacks of adjacent properties. The Nautica Sound rear setback
against the property line was 15 feet. The closest building within this project was at 26
feet, 4 inches and was five feet further from Nautica Sound than the previously-
approved site plan. Staff recommended approval of the site plan, subject to the
satisfaction of the conditions of approval in Exhibit C.
Steven Cohen, architect for the project, and representing the applicant, advised he
was the original architect on the project. He met with Nautica Sound relating to
problems on the site. Thereafter, additional landscaping was added along the berm
and the berm was modified to provide greater protection. The client then sold the
project and the new client wished to improve the project, and add town homes. Pricing
was intended to start at below $300,000. The dumpsters were removed, as the
garages were designed in a manner that the trash cans could be stored in the garages
and put out during trash pickups.
Acting Chair Casaine invited public comments.
Ms. Grcevic suggested the applicant remove the grass in between the driveways in
order to facilitate water conservation. Mr. Cohen believed the suggestion was valid and
agreed to have the grass removed.
Diane Schrader, 7164 Chesapeake Circle, indicated she would be personally impacted
by the project, and contended no one had ever come to any meeting and met with
anybody as a group in their community, and that no one in Nautica Sound was aware of
this project. Last year she met with City Officials and requested the property be
flipped. Costs associated with moving the utilities precluded flipping the property. She
13
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27,2007
believed the project would impact 90 homes, and felt the issues which existed in 2006
still existed, with the exception of the modifications proposed. She contended a City file
contained a document relating to a pre-application conference review, which contained
a notation by Mr. Breese indicating the allotted amount of units were built for tracts G
and H. She argued if the 36 units were surplus, the Property Owners Association for
the PUD would need to authorize the reallocation of the units. She requested
clarification from Mr. Breese.
Mr. Breese pointed out the Master Plan had to be modified to accommodate the use
and this was done last year when approval was rendered. The modification was
authorized by the Property Owners Association before it was approved by the City
Commission.
Ms. Schrader inquired as to the manner in which the property could be flipped. Mr.
Cohen advised he discussed with Mr. Breese, Mr. Rumpf and the City Manager the
concept of flipping. Alternatives were considered which would have been very costly to
the developers, as all the existing utilities would have to be relocated. Garages were
added to the units, dumpsters were removed in favor of trash cans, and most of the
lighting was removed. They redesigned the berm, adding 30% more landscaping, and
replaced trees. The applicant's consultant met with the president of the association and
reviewed the plans. The president had no oBjection to the project.
Ms. Schrader acknowledged a meeting did occur between the association's president
and the applicant's representative, Mr. Katz. However, the association's president did
not advise the residents of the meeting or his approval of the proposal. She believed
the property could be flipped and requested the board defer voting on this item until
the association had an opportunity to be heard. She contended the association's agent
was not properly noticed with regard to this Planning and Development meeting.
Acting Chair Casaine advised this item was approved by the board last year and went
before the Commission with the understanding that the applicant would meet with a
representative' of the residents. As evidenced, that meeting did occur. Acting Chair
Casaine did not believe it was this board's responsibility to notify everyone on the board
of Nautica Sound, nor was it the applicant's responsibility. The applicant met with the
association's president. The fact that he did not provide the proper notification was not
the fault of this board. He believed the applicant had lived up to his responsibility in
communicating with the president of Nautica Sound's Association.
Ms. Grcevic inquired whether the modified the plans called for townhomes, or whether
more apartments could have been constructed. Mr. Breese advised they could have
built apartments instead of townhomes and would only have been allowed to build 35
units. They are building 34.
14
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27, 2007
Ms. Schrader expressed appreciation for the board's assistance but objected to the
notification of only ten days, for which she believed the City was at fault.
No one else having come forward, public comments were closed.
Mr. Cohen indicated they did meet with the City Manager and with Mr. Breese with
respect to the project and had worked with the City to make this a viable project.
Ms. Grcevic pointed out she resided in Nautica Sound and would prefer this project to a
car wash or other commercial project.
Mr. Blehar inquired whether there was a fence on the west property line. Mr. Cohen
replied he believed there was a fence on the property. However, there was a large
berm on the applicant's side of the property which would be reconfigured to prevent
water runoff. Mr. Blehar inquired whether there was adequate access for the sanitation
trucks. Mr. Breese advised an evaluation had been made and the trucks could make
the turn.
Mr. Lis inquired whether the surface of the lake area still met minimum requirements.
Mr. Breese advised that type of review was done in the permitting process. They did
preliminarily consider the design, but the actual drainage review occurred at the time of
permitting. Mr. Cohen added that particular lake was not a retention lake, but an
aesthetic lake.
Ms. Jaskiewicz expressed appreciation for the increased landscaping and other
improvements.
Acting Chair Casaine pointed out there were 43 staff comments. Mr. Cohen advised
most of the comments were agreed to and taken care of.
Mr. Breese advised the project as proposed complied with the Code of the City of
Boynton Beach. Staff recommended approval with the conditions set forth.
Motion
Ms. Jaskiewicz moved to approve the request for a site plan approval for 34 townhouse
units subject to all 43 conditions of approval and also taking into consideration the
board's recommendation with regard to the driveway area, and removal of the grass in
between the driveways. Mr. Barnes seconded the motion.
15
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27, 2007
Vote
The motion passed 6-1 (Mr. Lis dissenting).
The meeting recessed at 9:06 p.m. and reconvened at 9:12 p.m.
D. Boynton Mausoleum
Malor Site Plan Modification
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Mausoleum
Jason Mankoff, Weiner & Aronson, P .A.
City of Boynton Beach
1611 South Seacrest Boulevard
Request for a major site plan modification for
the addition of an approximately 3,162 square
foot mausoleum building, on a 0.93 acre
parcel zoned PU Public Usage.
Mr. Breese advised the proposal was for a 3,162 square foot mausoleum structure.
Boynton Beach Mausoleum entered into a 3D-year lease agreement with the City in
1978 to construct and maintain mausoleum structures with crypts, niches and a chapel
along the west side of the cemetery. The landscape plan would be similar to the rest of
the mausoleum structures. The design would provide for a hedge along the east side
of the mausoleum, adjacent to the circulation drive. The building design was proposed
to match the other buildings already on the site. Three sides of the building would
consist of polished marble, with marble edging and limestone fascia. The fourth side
(south elevation) was proposed as a stucco finish with marble edging and limestone
fascia. The building was designed at approximately 16 feet in height, well within the 45
feet allowed in the Public Usage (PU) zoning district. It appeared as though the
building as designed would not fit completely on the 40 foot wide lease area. A
condition of approval required the building be modified or sited to avoid any
encroachments and to ensure its placement was within the lease area as indicated in
the agreement with the applicant. Staff recommended approval of the request.
Ms. Jaskiewicz inquired whether the condition had been resolved. Mr. Breese advised
staff had discussions with the applicant and he did not foresee a problem with the
condition.
Jason Mankoff, Weiner & Aronson, P.A., advised they had accepted all the conditions
of approval, and the issue had been resolved. The architect was drawing up the plans
indicating the building was within the 40 foot wide area, and the plans would be
submitted to the City some time next week.
16
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VIII.-PUBLIC LEARING
ITEM I.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
r2J December 18, 2007 December 3, 2007 (Noon) D
D January 2,2008 December 17,2007 (Noon) D
D January 15,2008 December 31,2007 (Noon) D
D February 5, 2008 January 14,2008 (Noon) D
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
February 19,2008
February 4,2008 (Noon)
March 4, 2008
February 19,2008 (Noon)
March 18, 2008
March 3, 2008 (Noon)
April 1, 2008
March 17,2008 (Noon)
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NATURE OF
AGENDA ITEM
D Announcements/Presentations
D Administrative
D Consent Agenda
D Code Compliance & Legal Settlements
r2J Public Hearing
D City Manager's Report
D New Business
D Legal
D Unfinished Business
D
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a
RECOMMENDATION: Please place this request on the December 18, 2007 City Commission Agenda under
Public Hearing. The Planning and Development Board on November 27,2007, recommended that the request be denied.
For further details pertaining to this request, see attached Department Memorandum No. 07-128.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Ocean Drive Hotel (ZNCV 08-001)
Bonnie Miskal, Lauren Lending
Boynton Holdings, LLC
North side of Ocean Drive, approximately 500 feet east of Congress Avenue
Request for relief from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 6.C.3, establishing a maximum height of 45 feet in the C-3,
Community Commercial zoning district, to allow a variance of 19 feet, and a building
height of 64 feet.
Proposed Use:
Hotel
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A (
,J
Planning & Zonin ector City Attorney / Finance
S:\Planning\SHARED\WP\PROJECT \Ocean Driye ZNCV\Agenda Item Request Ocean Driye Hotel ZNCV 08-001 12-18-07.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
~(~
City Manager's Signature
Assistant to City Manager ~
D
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-128
STAFF REPORT
FROM:
Chair and Members
Planning & Developm~t)3oard and City Commission
tV
Michael W. Rumpfl,-J; ~ .
Planning and Zoning Director
Ed Breese ~
Principal Planner
TO:
THRU:
DATE:
November 19, 2007
PROJECT NAME/NO:
Ocean Drive - Boynton Holdings (ZNCV 08-001)
REQUEST:
Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2,
Zoning, Section 6.C.3, establishing a maximum height of 45 feet in the Community Commercial
(C-3) zoning district, to allow a variance of 19 feet, and a building height of 64 feet.
PROJECT DESCRIPTION
Property Owner:
Boynton Holdings, LLC
Applicant/Agent:
Bonnie Miskell Lauren Lending
Location:
North side of Ocean Drive, approximately 500 feet east of Congress
Avenue (see Exhibit "A" - Location Map)
Acreage:
2.73 acres
Proposed Use:
Hotel
Zoning District:
Community Commercial (C-3)
Adjacent Uses:
North:
Developed commercial (bowling alley), and farther north right-of-way for Boynton
Beach Boulevard;
South:
Right-of-way for Ocean Drive, then farther south is developed residential, zoned Multi-
Family (R-3) and a golf course associated with the Palm Beach Leisureville
neighborhoods;
East:
Developed residential, zoned Multi-Family (R-3); and
West:
Developed commercial (Forum Shoppes), zoned Community Commercial (C-3).
Staff Report
Memorandum No PZ-07-128
Page 2
BACKGROUND
The subject property is a vacant parcel located between the Forum Shoppes on Congress Avenue to the west
and multi-family residential buildings in Leisureville to the east (see Exhibit "A" - Location Map). The applicant
is seeking to construct a hotel on the property, but believes the additional height is necessary for visibility
purposes since the proposed hotel would not front on either Congress Avenue or Boynton Beach Boulevard,
and would be located behind other commercial structures. The Community Commercial (C-3) zoning district
allows a maximum height of 45 feet.
The applicant had originally submitted plans depicting a six-floor hotel, which placed the typical roof deck
height at 59 feet - 4 inches, approximately nine (9) feet more than the revised request. The entry tower
feature associated with that plan was depicted at 70 feet - 8 inches, for a total of 25 feet over the 45-foot
height standard. In response to staffs recommendation to reduce the bulk/mass of the building, the applicant
eliminated a floor and reduced the tower element to 64 feet. Covered under the variance is the proposed
height of the greater hotel building, which is proposed at 50 feet - 8 inches, and represents approximately
80% of the total roof line. In contrast, the raised entry feature of the building represents approximately 19%
of the total roof at 19 feet above the 45 foot limitation.
Due to the expense associated with complete construction drawings, concurrent site plan approval is not
being soughtat thistimg. However, the applicant has provided preliminary and elevation drawings in order
that the public, staff, Board and Commission would have a better understanding of what is proposed (see
Exhibit "B''). If the variance is approved, the applicant would then submit a complete site plan applicatoin for
review.
ANALYSIS
Staff reviewed the requested variance focusing on the applicant's response to criteria a - g below (see Exhibit
"C"). The code states that the zoning code variance cannot be approved unless the board finds the following
(Chapter 1.5, Section 4.1.D.1):
a. That special conditions and circumstances exist which are peculiar to the lan~ structure, or
building involved and which are not applicable to other lands, structures or buildings in the
same zoning district.
This particular parcel is located behind (approximately 500 feet east of) a shopping center
with outparcels fronting on Congress Avenue, and behind (approximately 600 feet south of)
a bowling alley fronting on Boynton Beach Boulevard. The applicant indicates in the
justification statement (see Exhibit "c'') that the subject site is located directly behind a
commercial shopping plaza, and that the height variance is necessary for the purpose of
visibility. However, in contrast to that justification, the applicant states, "The height increase
will allow for the construction of one additional floor". The applicant believes that this
requested height increase will enable potential customers to better locate a much needed
service in this area". It should be noted that the signage is to be placed on the raised portion
of the parapet and facade, which is approximately 40 feet wide, and designed in conjunction
with the front entrance. Based on this location for the sign, staff questions the necessity to
also expand the greater hotel building which represents additional units than would
otherwise be allowed, and a greater mass being placed abutting a residential zoning distict.
Although a 5-story (55-foot high) hotel may be more visible than a 4-story (45-foot high)
hotel, the applicant has not provided adequate justification of a hardship and necessity for
the entire building to be built in excess of the maximum height allowed in the C-3 zoning
district. It should be noted that if the height deficiencies were limited to the raised portion
Staff Report
Memorandum No PZ-07-128
Page 5
f. That the granting of the variance will be in harmony with the general intent and purpose of
this chapter [ordinance] and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
The applicant believes that the granting of the proposed 19-foot height variance would be in
harmony with the general intent of the City's code. The applicant's justification further states
that, "The applicant only requests the variance in order to allow for the development of an
additional floor and to also ensure the visibility of the proposed use from the nearby major
roadways". Staff does not support the position that the requested variance is consistent with
the intent and purpose of the City's zoning regulations. The maximum height of the subject
zoning district is 45 feet, and building heights are principal elements used for evaluating
compabitility between abutting uses. Although the lower components of a project such as
parking areas, outdoor amenities, service areas, lighting, etc., can be mitigated through
project design, and with features such as buffer walls, additional landscaping, and
appropriate setbacks, the mass of a building and impacts are more challenging to mitigate,
particularly when impacts include shadowing of adjacent properties.
g. For variances to minimum lot area or lot frontage requirements, that property is not
available from adjacent properties in order to meet these requirements, or that the
acquisition of such property would cause the adjacent property or structures to become
nonconforming. Applicant shall provide an affidavit with the application for variance stating
that the above mentioned conditions exist with respect to the acquisition of additional
property.
Since the request is for relief from the height regulations, this particular criterion is not
applicable.
RECOMMENDATION
Staff has reviewed this variance application emphasizing criterion "a" and the lack of special conditions
warranting the variance as proposed; criterion "d" which involves the granting of special privaliges; criterion
"e" which is the minimum variance necessary for reasonable use of the land; and criterion "f' which pertains
to neighborhood impacts. Staff placed significant emphasis on criterion "e", and reiterates that whereas the
tower element of the project may provide the necessary height for project signage and visibility, the greater
bulk of the building is also proposed above the maximum height limit without adequate justification of need.
Therefore staff recommends that the subject request for a variance be denied. In lieu of a variance request,
staff recommends that the proposed project be redesigned with the bulk of the building complying with the
maximum height allowed in the C-3 zoning district, and if a higher element is necessary for visibility and
screening of rooftop equipment, it be requested through a height exception application processed in
conjunction with a full site plan application. This alternative design would accomplish the visibility objective of
the applicant while maintaining the bulk/mass of the building in compliance with the City's zoning (height)
regulations.
S:\Planning\SHARED\WP\PROJECTS\Ocean Drive ZNCV\Ocean Drive - Boynton Holdings ZNCV Staff Report.doc
. Ocean Drive Variance
EXHIBIT A
EXHIBIT B
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PRO\P'OSIED HOTIEIL..
BOYNTON BEACH
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A.l.A. and Associates. In<:.
George F. White
54505 North FedlSrB I l-Hgrwd':;j SuIte F
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60ca Raton, Floric::lll 33461 (S61) ~Sl 6bS8
EXHIBIT "e"
Zoning Code Variance Application
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;
The applicant wishes to apply for a variance to allow a structure higher than the City's
maximum height of 45 feet for the purposes of developing a hotel. The subject site is
located directly behind a commercial shopping plaza with no frontage on either Boynton
Beach Boulevard or Congress A venue. A height variance is necessary to ensure that
the proposed use has adequate visibility from the streets. The existing retail in front of
the site severely limits the visibility of the proposed use. The height increase will allow
for the construction of one additional floor. The applicant believes that this requested
height increase will enable potential customers to better locate a much needed service
in this area.
B. That the special conditions and circumstances do not result from the actions of the
applicant;
The City of Boynton Beach previously approved the development of commercial on the
property to the fiotth af'la west of the sllbjectsiteWifhbilflhe . Cbhsidetafi6nbffhe
subject site. A key component to commercial and retail development is good visibility.
The subject site does not have this good visibility because of the previously approved
developiiiiiiffS a]on?FCongress.. A-venue-and Boynfon Beacfi-SoiJle.varo.. Tfiifproposed
yariance will allow for the development of one additional floor and enable those people
traversing on Boynton Beach Boulevard or Congress Avenue to see the proposed use.
C. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this Ordinance to other lands, buildings or structures in the
same zoning district;
The granting of the proposed variance to the subject site will not confer any special
privileges to the applicant. The subject site is unique in its configuration, limited
roadway access, and location behind existing commercial development. The applicant
believes that the subject site is distinctive because of the retail that has developed
along the roadways of Congress Avenue and Boynton Beach Boulevard which would
screen the proposed use if developed at the 45 foot height limitation currently imposed
on the property.
D. That literal interpretation of the provisions of this chapter 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;
The existing zoning on the subject site allows for the development of commercial and
retail. Without the variance, an undue hardship has been placed on the applicant
because of the lack of visibility and roadway frontage. The commercial shopping plaza
which has developed along Congress A venue and Boynton Beach Boulevard would
block all views of any development on the subject site that would be developed at the
4
Zoning Code Variance Application
City's current 45 foot height limitation. The applicant believes that the proposed
additional height will enable those traversing the roadways to see the proposed use and
allow for the proper use of the commercially designated parcel.
E. That the variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure;
The proposed variance is the minimum variance that will make possible reasonable use
of the land. The proposed variance to allow a 64 foot tall structure will allow for the
development of a hotel. The only portion of the hotel that is proposed to be at a height
of 64 feet is the tower element of the building, the remaining building is proposed to be
at a height of 50 feet. The area of the tower is only 19% of the entire floor below it. The
applicant feels that this tower will provide for varying heights and architecturally
interesting elevations.
F. That the granting 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
otherwise detrimental to the public welfare.
The granting of the proposed variance will be in harmony with the general intent of the
Code. The applicant only requests the variance in order to allow for the development of
a,"- iiaaifToniiTlIoOr andaTso ensurefhfj-v;sibili(yof the proposecfuse ffOiil the nea
major roadways. The applicant .believes that the adjacent residents would not lJe!
negatively impacted by the development of the proposed use including the additional
height. The property will be adequately screened and landscaped in order to mitigate
any potential negative impacts.
G. Variances to minimum lot area or lot frontage requirements, that property is not
available from adjacent properties in order to meet these requirements, or that the
acquisition of such property would cause the adjacent property or structures to become
nonconforming. Applicant shall provide an affidavit with the application for variance
stating that the above mentioned conditions exist with respect to the acquisition of
additional property.
Not Applicable.
5
EXHIBIT "D"
Conditions of Approval
Project name: Ocean Drive ZNCV
File number: ZNCV 08-001
Reference:
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S\Planning\SHARED\WP\PROJECTS\Ocean Drive ZNCV\COA.doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Ocean Drive Hotel
APPLICANT'S AGENT:
Bonnie Miskel
APPLICANT'S ADDRESS:
5355 Town Center Road, Suite 801, Boca Raton, FL 33486
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 18, 2007
TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 6.C.3, establishing a maximum height of 45 feet in the
Community Commercial (C-3) zoning district, to allow a variance of 19 feet, and a building
height of 64 feet.
LOCATION OF PROPERTY: North side of Ocean Drive, approximately 500 feet east of Congress
Avenue.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Ocean Drive ZNCV\DO.doc
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27, 2007
Motion
Ms. Jaskiewicz moved to approve the request to annex the subject property (0.37
acres) into the City, subject to the conditions of approval in Exhibits E. Mr. Saberson
seconded the motion that passed unanimously.
Motion
Ms. Jaskiewicz moved to approve the request to amend the Comprehensive Plan Future
Land Use Map from CH/5 Commercial High/with underlying medium density residential
of 5 du/ac (Palm Beach County) to Local Retail Commercial LRC, subject to all
conditions of approval recommended by staff. Ms. Grcevic seconded the motion that
passed unanimously.
Motion
Mr. Saberson moved approval of the requested rezoning, subject to all staff-
recommended conditions. Ms. Jaskiewicz seconded the motion that passed
unanimously.
Motion
Mr. Saberson moved approval of the requested site plan approval, subject to all staff-
recommended conditions. Ms. Jaskiewicz seconded the motion that passed
unanimously.
B. Ocean Drive Hotel
Zoning Code Variance
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Proposed Use:
Ocean Drive Hotel (ZNCV-08-001)
Bonnie Miskel, Lauren Lending
Boynton Holdings, LLC
North side of Ocean Drive, approximately
500 feet east of Congress Avenue
Request for relief from the City of Boynton
Beach Land Development Regulations,
Chapter 2, zoning, Section 6.C.3, Community
Commercial zoning district, to allow a variance
of 19 feet, and a building height of 64 feet.
Hotel
7
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27,2007
Bonnie Miskel, appeared on behalf of the applicant, and was accompanied by the
architect, George White.
Mr. Breese provided background and a PowerPoint presentation on the item. He
advised the 2.73 acre property was located on the north side of Ocean Drive, 500 feet
east of Congress Avenue. The applicant wished to construct a hotel on the property
and believed additional height was necessary. The proposed hotel would not front on
either Congress Avenue or Boynton Beach Boulevard, and would be located behind the
commercial structures in the Forum Shoppes. As a result of the expense associated
with the complete construction drawings, concurrent site plan approval was not sought
at this time. The applicant had provided preliminary drawings which were included in
the packets.
The Code required a zoning variance could not be approved unless special conditions
and circumstances existed which were peculiar to the land, structure or building
involved and which were not applicable to other land, structures or buildings in the
same zoning district. The applicant noted, in its justification, the subject site was
located directly behind a commercial plaza and the height variance was necessary for
the purpose of visibility. In contrast to that justification, the applicant also indicated the
height increase would allow the construction of one additional floor of rooms. The
signage was to be placed on the raised portion of the parapet and facade, which was
approximately 40 feet wide and 64 feet tall, and designed in conjunction with the front
entrance. It was the applicant's intent for the mechanical equipment to be placed in
this area as well. The typical roof line of the building was 50 feet, 8 inches, or 5 feet 8
inches above the 45 feet allowed in the C-3 zoning district. A 5-foot parapet would
bring the roof to 55 feet, 8 inches. While this was at issue, the variance was requested
for the building height of 64 feet. The applicant believed the proposed variance would
not confer any special privileges denied by the ordinance to other lands, buildings, or
structures in the same zoning district and the subject site was unique in its
configuration, limited roadway access and location behind existing commercial
development. Staff agreed the location of the zoning district was unique. Generally,
commercially-zoned parcels were located adjacent to major thoroughfares. The site
may have been part of one parcel when the shopping center was built, but was now a
stand-alone parcel, separate and apart from a major thoroughfare.
Another criterion required the variance granted would be the minimum variance that
would make possible the reasonable use of the land or structure. As noted, the greater
portion of the building representing approximately 80% of the building mass was 5 feet,
8 inches above the 45-foot requirement. If the intent for the signage was to be visible
from Congress Avenue or Boynton Beach Boulevard, a 64-foot-high parapet with
signage on it would be visible from either right of way, whereas the remaining building
proposed to be 50 feet, 8 inches high served no purpose other than to provide
8
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27, 2007
additional rooms. With respect to the reasonable use of the land, the subject property
could be improved with other uses that did not rely on direct visibility. Such uses would
include general professional offices, financial institutions, medical offices, churches, and
multi-family dwellings.
Staff did not support the position for the requested variance as it was not consistent
with the intent and purposes of the City's zoning regulations, although the lower
components of the project could be easily screened with walls and landscaping. It
would be difficult, however, to screen anything above 45 feet in height. Staff
recommended the request for a variance be denied. In lieu of the variance request,
staff recommended the proposed project be redesigned, with the bulk of the building
complying with the maximum height allowed in the C-3 zoning district, and if the higher
element was necessary for visibility, it should be applied as a height exception, rather
than as a variance. The alternate design would accomplish the visibility objective of the
applicant, while maintaining the mass of the building in compliance with the City's
zoning regulations.
With regard to ingress and egress, Mr. Breese believed the applicant was attempting to
work with the bowling alley for an access easement and possibly a sign easement. It
was noted the hotel would be the tallest building in the shopping center and even at
four stories, would tower above the other structures.
Mr. Breese indicated staffs recommendation would be to lower the 80% portion of the
building that was at 50 feet, 8 inches, down below the 45-foot height limitation within
the zoning district. While this would result in the loss of a floor of rooms, a higher entry
feature to the hotel would be retained for signage purposes, and could be handled as a
height exception, rather than a variance if architectural detail was added and the
mechanical equipment was concealed.
Ms. Miskel commented prior to embarking on the process, the applicant met with
members of the manager and master association for Leisureville, and they provided
input on the original proposal for a six-story building. Thereafter, modifications were
made and the plan was scaled down. The hotel was intended as a Holiday Inn, and a
minimum of 110-120 rooms was required. The applicant proposed 112 rooms. In
consideration of comments from the Leisureville community, the applicant attempted to
find a way to maintain the minimum number of rooms while positioning the building as
far off the property line as possible. The applicant exceeded the setbacks by utilizing
60 feet intended as a buffer. The applicant also agreed to an eight-foot wall, extensive
vegetation and taller-than-normal trees to be installed prior to construction. Leisureville
residents indicated they preferred less building mass and more trees. To that end, the
applicant intended to move the building as far north as possible and adding landscaped
islands. It was the applicant's intent to make the project as palatable as pOSSible while
9
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27,2007
having sufficient rooms to keep a large hotel such as the Holiday Inn interested in the
site. In order to work with the neighborhood, the applicant was attempting to relieve
the traffic on Ocean Drive by purchasing an easement across the bowling alley. The
terms of the contract were being negotiated. In addition to purchasing the easement,
the applicant would provide for a left-turn in and right-turn out on Ocean Drive so that
the neighborhood could not be used as a cut-through. They lowered the building by
one story, moved the building west towards Congress Avenue, agreed to locate the
main driveways on the west side of the building, and would not use illuminated signs.
In order for the project to go forward, the applicant would require 112 rooms and
visibility from the major thoroughfares.
Ms. Miskel reviewed a list of requests and concerns submitted by a resident of
Leisureville and the manner in which they would be addressed. They would agree to
an 8-foot wall, if allowed by the Code; they agreed to provide a flat sum of money to be
utilized for painting, installation of hurricane windows, doors and shutters, or in any
manner in which the residents elected to utilize the funds. The applicant would not
agree to an escrow but would have the general contractor maintain at least $1M of
insurance, naming the residents, as additional insureds. The applicant would also
provide a conference room for meetings. Ms. Miskel believed the request for the relief
sought was reasonable and was prepared to mitigate any impacts.
Acting Chair Casaine invited public comments.
James Bogert, 721 SW Lake Court, President of the Palm Beach Leisureville
Community Association, was present to share the community's impressions pertaining
to the development. A meeting was sponsored with the developer for the associations
close to the development, and in particularly, Building I, which abutted the hotel
development. The developer was cooperative, and it appeared the hotel would provide
quiet use of the property. It was believed the enterprise could serve the community in
accommodating events and parties. Generally, the impressions provided by people
throughout the community had been favorable. Considering other commercial uses for
that property, the community felt this was the most compatible with the interests of
Leisureville.
AI Horowitz, Building I, Apartment 119, Leisureville, expressed concerns relating to
the project, but believed the community would be willing to work with the developer.
He felt the structure would prove to be a first-class hotel. The developer appeared to
be sincere in making the project palatable for the community. He presented a letter
written by the building secretary.
Patricia Moore, Building I, Leisureville, expressed concerns relating to the building,
including traffic, the view, loss of privacy and hotel guests wandering in the community.
10
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27,2007
Dennis Mozier, 2329 SW 13th Avenue, Building H, Leisureville, Director for building H,
was asked by the residents of building H to attend the meeting, as they believed the
project would obstruct their view. The issue was dividing the community.
John Hagdorn, Building H, Leisureville, Treasurer of the condominium association,
favored the project and believed a hotel would be most beneficial use of the site.
No one else having come forward, public comments were closed.
Ms. Jaskiewicz expressed surprise in staffs consideration of the site, as it was in an
isolated area. She believed it would be more amenable if there was no access to Ocean
Drive. She inquired whether additional hotel projects were anticipated on Federal
Highway. Mr. Breese indicated County Inns and Suites were approved, and another
project was anticipated next to the Hampton Inn on Gateway Boulevard. The Hampton
Inn had 164 rooms and the Holiday Express on 1-95 had 100 rooms. The Holiday Inn
Catalina had 240 rooms.
In response to Mr. Lis' inquiries, Ms. Miskel advised the applicant exceeded the parking
and open-space requirements. Mr. Lis also inquired whether the applicant could take
up some of the parking field by lowering the building and extending its length. Ms.
Miskel noted, as the first floor was comprised of offices, check-in and breakfast areas,
25% of the rooms would be lost by lowering the building by one story. There were four
floors of bedrooms, with approximately 25 rooms per floor. Mr. Lis suggested the 25
rooms be spread over three floors rather than four floors. The length of the building
could be extended, the height lowered, and the variance would not be necessary. Ms.
Miskel advised they had prepared a plan for four stories but parking could not be
accommodated. They also would have been required to push the building closer to the
east property line and reduce the vegetative areas. She agreed Mr. Lis' suggestion
could be accomplished, but other variances would have been required and the buffers
would have been reduced. She indicated the applicant had not explored other variance
options with the community. Mr. Lis disagreed with the applicant's argument that a
variance would not confer a special privilege as the added floor would have provided
additional economic benefits. He suggested the applicant heed staffs recommendation
by lowering the height, and requesting other variances, if required.
Ms. Grcevic believed it was a courageous move to develop in that spot and believed it
would benefit the businesses in the area. The ingress and egress relating to Ocean
Drive equated to a commercial faux pas made by the City some time ago. She believed
the applicant was attempting to limit traffic. While she indicated she was in favor of the
project, she did not believe the argument for a height variance was valid.
11
Meeting Minutes
Planning and Development board
Boynton Beach, Florida
November 27, 2007
Mr. Saberson agreed with comments made by Mr. Lis. He objected to the height of the
structure and would rather it be spread out. He believed staff had correctly analyzed
the criteria for a variance, and although circumstances were unique, they still did not
meet the criteria. Ms. Jaskiewicz agreed the applicant had not met the requirements as
staff indicated.
Mr. Barnes believed visibility was not the issue, and the problem pertained to the
number of floors requested. He added many hotels agreed to the lower height
restrictions. He felt the only peculiar condition of the property was that it did not meet
the Holiday Inn's expectations or requirements and believed the basis for the variance
request was not accurate
Mr. Blehar expressed disappointment in the low turnout for the Leisureville community.
He believed the architect did a good job of breaking up the five stories, and making it
an attractive building. However, he agreed with staff's viewpoint that the case for
allowing the height variance was weak.
Acting Chair Casaine indicated he was in favor of the project and believed it was
necessary. However, he believed the recommendations offered by staff were valid and
should be further explored. He would like to see the organization represented have the
amount of rooms sought, providing they met the criteria presented by staff. He did not
believe the location was a problem. Holiday Inns were managed well and patronized for
their competitive rates. While he observed wide support for the project and would like
to see it go forward, he indicated his agreement with staff's recommendations.
Motion
Mr. Saberson moved that the variance requested be denied. Mr. Lis seconded the
motion that passed unanimously.
C. Meadows Townhomes
New Site Plan
DESCRIPTION:
Meadows Townhomes (NWSP 07-005)
Steven L. Cohen, Steven L. Cohen &
Associates, P .A.
NICO Development, Inc.
100 Meadow Circle; north of Meadows
Boulevard, approximately 2,500 feet west of
Congress Avenue
Request for new site plan approval for 34
townhouse units and related site improvements
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
12
VIII.-PUBLIC LEARING
ITE M J.
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
r2J December 18, 2007 December 3, 2007 (Noon) D February 19, 2008 February 4,2008 (Noon)
D January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19,2008 (Noon)
D January 15,2008 December 31,2007 (Noon) D March 18, 2008 March 3, 2008 (Noon)
D February 5, 2008 January 14,2008 (Noon) D April 1, 2008 March 17,2008 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
r2J Public Hearing D
RECOMMENDATION: Please place this proposed ordinance on the December 18, 2007 City Commission
Agenda under Public Hearing and First Reading. Both staff and the property owner support this ordinance that would revoke
Ordinance No. 06-064, the ordinance originally rezoning the Sunshine Square Shopping Center to Mixed Use-Low 3 to
facilitate its redevelopment as a medium-sized mixed-use project. See the explanation below and the attached ordinance for
additional information on this item.
EXPLANATION: The Sunshine Square Shopping Center was the subject of applications in late 2005
necessary for a mixed-use redevelopment project designed pursuant to the new MU-Low 3 zoning district. The applications
included land use/rezoning (LUAR 06-016) and new site plan approval (NWSP 06-021), and proposed a mix of uses in part,
vertically-integrated, with orientation toward both street frontages of US-I and Woolbright Road as well as internally to
create a center "square". Property ownership has changed; however, the real estate market remains unsupportive of a mixed-
use project of this scale. For aesthetic and marketing purposes, the current property owner desires to address the declining
status of the center through modifications and moderate expansions. However, the current project is non-conforming pursuant
to the new zoning district which precludes enhancements or expansions unless consistent with the approved plan. Although
the site plan has expired, the rezoning is valid for 18 months, until June of2008. Although unprecedented, staff recommends
that the Commission revoke the prior rezoning action to revert the site to the original C-3 district, which allows for those
planned site modifications that are greatly needed and cost feasible. The owners are committed to the property improvements
described herein, and have initiated clean-up efforts including upgrading the existing landscaping.
o
--I
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"
PROGRAM IMP ACT: N/ A
FISCAL IMP ACT:
ALTERNATIVES: 0 approve the subject ordinance leaving the current
o
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Assistant to City Manager
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Planning & ZoningJ~tor City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\Agenda ltem Request Dee 18,2007 - zoning reyocation.doc
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ORDINANCE NO. 07-
AN ORDINANCE OF THE CITYCOMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
RESCINDING ORDINANCE 06-064 WHICH
REZONED FROM C-3, COMMUNITY
COMMERCIAL TO MIXED USE LOW 3 A
PARCEL OF LAND LOCATED AT THE
SOUTHWEST CORNER OF WOOLBRIGHT ROAD
AND SOUTH FEDERAL HIGHWAY; RESTORING
C-3, COMMUNITY COMMERCIAL ZONING TO
THE PROPERTY; PROVIDING FOR CONFLICTS,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida adopted
Ordinance No. 06-064 which rezoned the property from C-3, Community Commercial to
Mixed Use Low 3 (MU-L3); and
WHEREAS, the property which was the subject of 06-064 is now owned by
Woolbright Sunshine, LLC, which has indicated its inability to develop the land as a mixed
use project and has requested rescission of Ordinance No. 06-064 which will restore the
previous C-3 zoning designation and allow for improvements and enhancements to the
existing shopping center known as Sunshine Square.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
26 herein by this reference.
271
Section 2.
Ordinance No. 06-064 is hereby rescinded. The zoning on the property
28 will revert to Community Commercial (C-3) zoning.
29 Section 3. That the Zoning Map of the City is amended to reflect this rescission.
S:\CA 10rdinances\Planning\Rezoning\Rescission of rezoning. Sunshme Square(mr),doc
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Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 5. Should any section or provision of this Ordinance or any portion thereof
4 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
5 remainder of this Ordinance.
6 Section 6. This ordinance shall become effective immediately upon passage.
7
FIRST READING this _ day of
,2007.
8
SECOND, FINAL READING and PASSAGE this _ day of
,2008.
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24 ATTEST:
25
26
27 Janet M. Prainito, CMC
28 City Clerk
29
30
31
32 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
S:\CA \Ordinances\Planning\Rezoning\Rescission of rezoning - Sunshine Square(mr).doc
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1 ORDINANCE NO. 06-064
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF SUNSIDNE SQUARE CRP,
6 LLC, AMENDING ORDINANCE 02-013 TO
7 REZONE A PARCEL OF LAND LOCATED AT
8 SOUTHWEST CORNER OF WOOLBRIGHT ROAD
9 AND SOUTH FEDERAL HIGHWAY AS MORE
10 FULL Y DESCRIBED HEREIN, FROM
11 COMMUNITY COMMERCIAL (C-3) TO MIXED
12 USE LOW 3 (MU-L3); PROVIDING FOR
13 CONFLICTS, SEVERABILITY, AND AN
14 EFFECTIVE DATE.
15
16 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
1 7 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;
18 and
19 WHEREAS, Sunshine Square CRP, LLC, has filed a petition to rezoning a parcel of
20 land more particularly described hereinafter; and
21 WHEREAS, the City Commission, following required notice, conducted a public
22 hearing to consider the rezoning and heard testimony and received evidence which the
23 Commission finds supports a rezoning for the property hereinafter described; and
24 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
25 the Land Use described in the City's Comprehensive Plan; and
26 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
27 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
30
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
S:\CA 10rdinanceslPlanninglRezoningIRezoning - Sunshine Square(rev EB).doc
II
1 herein by this reference.
Section 2.
The following described land located at Southwest comer of
2
3 Woolbright Road and South Federal Highway, is hereby rezoned from Community
4 Commercial (C-3) to Mixed Use Low 3 (MU-L3):
5
6 All that part of the East 1/2 of the Northeast 1/4, lying West of Dixie
7 Highway (U.S. Highway No.1), LESS the North 40.00 feet, East 150 feet of
8 the South 150 feet of the North 180 feet and the South 1910 feet, Section 33,
9 Township 45 South, Range 43 East, Palm Beach County, Florida.
10
11 TOGETHER WITH:
12
13 The North 125 feet of the South 1910 feet of that part of the East 112 of the
14 Northeast 1/4 of Section 33, Township 45 South, Range 43 East, Palm Beach
IS County, Florida, lying West of Dixie Highway (U.S. Highway No. 10;
16
1 7 EXCEPTING therefrom the following:
18
19 BEGINNING at the intersection of the North line of said Tract with the West
20 line of Dixie Highway (U.S. Highway No. l);
21
22 thence run West along the North line of said Tract for a distance of 381.54
23 feet; thence run South a distance of 125 feet to the South line of said Tract:
24 thence run due East along said South line to the West line of Dixie Highway
25 (U.S. Highway No.1); thence run Northerly along said West line to the
26 POINT OF BEGINNING.
27
28 TOGETHER WITH:
29
30 That part of Lot 1 and that part of the North 1/2 of Lot 2, as recorded in Plat
31 Book 1, Page 4, of the Public Records of Palm Beach County, Florida, lying
32 East of the Florida East Coast Railroad.
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SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
Commencing at the Northeast corner of Section 33, Township 45 South,
Range 45 East, Palm Beach County, Florida;
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thence with a bearing of South 89 degrees 43 minutes 15 seconds West, along
the North line of Section 33, (and the centerline of Woolbright Road), a
distance of 418.40 feet to a point on the Northerly extension of the West
Right-of-Way line of the 100 foot Right-of-Way of Federal Highway, (State
Road No.5);
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thence with a bearing of South 01 degrees 02 minutes 15 seconds West, along
the West Right-of-Way line of Federal Highway, a distance of 180.01 feet to
the POINT OF BEGINNING;
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thence continue along the forementioned West Right-of-Way line of Federal
Highway with a bearing of South 0 I degrees 02 minutes 15 seconds West, a
distance of 55.31 feet;
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thence with a curve to the right having a radius of 2814.93 feet, a central
angle of 3 degrees 53 minutes 47 seconds, an arc length of 191.43 feet and a
chord bearing of South 02 degrees 59 minutes 09 seconds West, to a point;
20
.....,
L..L
thence with a bearing of South 04 degrees 56 minutes 02 seconds West, a
distance of 265 .59 feet to a point;
thence with a bearing of South 89 degrees 21 minutes 47 seconds West, a
distance of 365.77 feet to a point;
thence with a bearing of South 01 degrees 12 minutes 13 seconds East, a
distance of 125.00 feet to a point on the North Right-of-Way of 50.00 foot
Right-of-WayofS.E. 18th Ave.;
thence with a bearing of South 89 degrees 21 minutes 47 seconds West, along
S:\CAIOrdinances\PlanningIRezoning\Rezoning - Sunshine Square(rev EB).doc
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1 the North Right-of-Way line of S.E. 18th Ave., a distance of 475.00 feet to a
2 point on the East line of Lot 2, as recorded in Plat Book 1, Page 4, of the
3 Public Records of Palm Beach County, Florida;
4 thence with a bearing of South 01 degrees 12 minutes 13 seconds East, along
5 the East line of Lot 2, a distance of 157.38 feet to the South line of Lot 2;
6 thence with a bearing of South 89 degrees 43 minutes 15 seconds West, along
7 the South line of Lot 2, a distance of 99.45 feet to the point on the East Right-
8 of- W ay line of the 100 foot Right-of-Way for the Florida East Coast Railroad;
9
10 thence with a bearing of North 08 degrees 11 minutes 15 seconds East, along
11 the East Right-of-Way line of the Florida East Coast Railroad, a distance of
12 948.77 feet to a point on the South Right-of-Way line of the 80.00 foot Right-
13 of-Way for Woolbright Road, said point lying 40.00 feet South of the North
14 line of Section 33;
15
16 thence with a bearing of North 89 degrees 43 minutes 15 seconds East, along
17 the South Right-of-Way line of Wool bright Road, said line lying 40.00 feet
18 South of and parallel to the North line of Section 33, a distance of 685.48 feet
19 to a point;
20
21 thence with a bearing of South 01 degrees 02 minutes 15 seconds West, a
22 distance of 140.00 feet;
23
24 thence with a bearing of North 89 degrees 43 minutes 15 seconds East, a
25 distance of 150.00 feet more or less to the POINT OF BEGINNING.
26
27 A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by
2 8 reference.
29 Section 3. That the Zoning Map of the City is amended to reflect this rezoning.
S:ICAIOrdinances\Planning\Rezoning\Rezoning - Sunshine Square(rev EB).doc
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Section 4, All ordinances or parts of ordinances In conflict herewith are hereby
2 repealed.
3 Section 5. Should any section or provision of this Ordinance or any portion thereof
4 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
5 remainder of this Ordinance.
6 Section 6. This ordinance shall become effective immediately upon passage.
7 FIRST READING this ~ day of NDv'em ~, 2006.
8 SECOND, FINAL READING and PASSAGE this -5- day of b<<'&ik.r,2006.
CI Y OF BOYNTON BEACH, FLORIDA
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VIII.-PUBLIC LEARING
ITEM K.
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
r2J December 18,2007 December 3, 2007 (Noon) D February 19,2008 February 4, 2008 (Noon)
D January 2, 2008 December 17, 2007 (Noon) D March 4, 2008 February 19,2008 (Noon)
D January 15, 2008 December 31, 2007 (Noon) D March 18, 2008 March 3, 2008 (Noon)
D February 5, 2008 January 14,2008 (Noon) D April 1, 2008 March 17,2008 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda r2J Legal
D Code Compliance & Legal Settlements D Unfmished Business
r2J Public Hearing D
RECOMMENDATION: Please place this request on the December 18, 2007 City Commission/Local Planning
Agency Agenda under Public Hearing and Legal, Ordinance - First Reading. Staff recommends that this request be
approved, for compliance with State requirements described in Section l63.3177(3)(b)2., Florida Statutes.
EXPLANATION: This item is the 2007 update of the Capital Improvements Element and the 5-year Capital
Improvements Schedule of the City's Comprehensive Plan. The Capital Improvements Schedule includes both general and
utility projects already approved by the City Commission as part of the Capital Improvements Plan. It also includes
additional, state-required information pertaining to the financial feasibility of the planned improvements. The Element's
objectives and policies have been revised and amended to better meet the state requirements contained in sections 9J-5.016
and 9J-5.0055, Florida Administrative Code. For additional information, please see attached staff memorandum P.Z. 07-129,
the draft ordinance and background materials.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
1}piIJ
'elopm nt Director
~
/~d Zoning Duti:: If4L
Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 2007-_
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH FLORIDA, AMENDING
5 P ART III OF THE CITY OF BOYNTON BEACH CODE OF
6 ORDINANCES, ENTITLED "LAND DEVELOPMENT
7 REGULATIONS" BY AMENDING THE CITY OF
8 BOYNTON BEACH CAPITAL IMPROVEMENT ELEMENT
9 OF THE CITY OF BOYNTON BEACH COMPREHENSIVE
10 PLAN, AS AMENDED; PROVIDING FOR AN UPDATE OF
11 THE "CAPITAL IMPROVEMENTS ELEMENT" AND THE
12 CITY OF BOYNTON BEACH FIVE-YEAR CAPITAL
13 IMPROVEMENTS SCHEDULE; PROVIDING FOR
14 SEVERABILITY; 'PROVIDING FOR INCLUSION IN THE
15 CODE AND PROVIDING FOR AN EFFECTIVE DATE.
16
17 . WHE~AS, pursuant to Chapter 163, Part II, Florida Statutes (2007) and Chapter 9J-
18 5, Florida Administrative Code, the City of Boynton Beach adopted its Comprehensive Plan
19 in compliance with the Local Government Comprehensive Planning and Land Development
20 Regulations Act; and
21 WHEREAS, Section 163.3167, Florida Statutes, empowers the City Commissioners
22 of the City of Boynton Beach, Florida to prepare, amend, and enforce comprehensive plans
23 for the development of the City; and
24 WHEREAS, the City of Boynton Beach Planning and Zoning Board (as the Local
25 Planning Agency for the City) and the City Commission of the City of Boynton Beach (in its
26 dual capacity) have conducted public hearings and reviewed and approved the amendment to
27 the City's Comprehensive Plan, and authorized the transmittal of the proposed amendment to
28 the Florida Department of Community Affairs (DCA); and
29 WHEREAS, the City's Comprehensive Plan Capital Improvements Element includes
30 goals and policies designed to address the need for public facilities and to guide the funding
S:\CA\Ordinances\draft ordinance\CIE Amendment 2007 doc
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citizens.
.n.;..
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Purpose and Intent.
This Ordinance is enacted~ to carry out the purpose and intent of, and exercise the
authority set out in, the Local Government Comprehensive Plan and Land Development
Regulation Act, Sections 163.3161 through 163.3215, Florida Statutes, and Chapter 9J- 5,
Florida Administrative Code.
Section 2. Title of Comprehensive Plan Amendment.
This Comprehensive Plan Amendment for the City of Boynton Beach, Florida shall be
entitled - "Annual 2007 Capital Improvement Program Update". This amendment will be
submitted to the DCA as an independent package, pursuant to Section 163.3177, Florida
Statutes, and not within the usual twice a year Comprehensive Plan Amendment cycle,
pursuant to 9J-l1.006(1)(a) 7.d and 11.006(l)(a) 7.h, Florida Administrative Code.
Section 3. Changes to the City of Boynton Beach Comprehensive Plan
S:\CA \Ordinances\draft ordinance\CIE Amendment 2007.doc
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1
Part III of the City of Boynton Beach Code of Ordinances, entitled "Land
2
Development Regulations," is hereby amended by amending the Capital Improvement
3
Element of the City of Boynton Beach Comprehensive Plan, as amended, by adopting the
4
Annual 2007 Capital Improvement Program Update, which is attached hereto and
5
incorporated herein by reference.
6
Section 4. The 5-year Capital Improvements Schedule
7
The City Commission further adopts the 5- Year Capital Improvements Schedule as
8
stated in the Annual 2007 Capital Improvement Program Update, which is attached hereto and
9
incorporated herein by reference.
10
11
12
Section 5.
Severability.
If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or
13
unconstitutional by any court of competent jurisdiction, then said holding shall m no way
14
affect the validity of the remaining portions of this Ordinance.
15
Section 6.
Inclusion in Code.
16
It is the intention of the City Commission of the City of Boynton Beach, Florida. that
17 I the provisions of this Ordinance shall become and be made a part of the City of Boynton
I
18 IBeach Code of Ordinances, and that the sections of this Ordinance may be renumbered or
19 relettered and the work "ordinance" may be changed to "section," "article," or such other
20 appropriate work or phrase in order to accomplish such intentions.
21
Section 7.
This effective date of this Comprehensive Plan Amendment shall be the date a
22 final order is issued by the Department of Community Affairs finding the amendment to be in
23 compliance with Section 163.3184, Fla. Stat. (2007), or the date a final order is issued by the
24 dministration Commission finding the amendment to be in compliance in accordance with
:ICAIOrdinancesldraft ordinancelCIE Amendment 200i.doc
- 3 -
1 Section 163.3184, Fla. Stat. (2007).
2 FIRST READING this _ day of ,2007.
3 SECOND, FINAL READING AND PASSAGE this _ day of , 2007.
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7 Mayor - Jerry Taylor
8
9
10 Vice Mayor - Jose Rodriguez
11
12
13 Commissioner - Ronald Weiland
14
15
16 Commissioner - Woodrow L. Hay
17
18
19 Commissioner - Marlene Ross
20 ATTEST:
21
22
23
24 Janet M. Prainito, CMC
25 City Clerk
26
27
28 (Corporate Seal)
29
30
S:\CA\Ordinances\draft ordinance\CIE Amendment 2007.doc
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DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 07-129
TO: Mayor and Commission/Local Planning Agency
FROM: Hanna Matras
Economic Planner
THROUGH: Michael W. Rumpf ~
Planning and Zonini ru;~o~r
DATE: November 2S, 2007
RE: 2007 Update of the Capital Improvements Element and Capital
Improvements Schedule of the Comprehensive Plan
The Capital Improvements Element (CIE) includes goals and policies designed to
address the need for public facilities and to guide the funding of improvements
in such a way that the levels of service defined in all other comprehensive plan
elements are met. It also includes a five-year Capital Improvements Schedule
(CIS) .
Pursuant to the Florida Statutes (F.s.) and the Florida Administrative Code
(F.A.C.), the amendments to the Capital Improvements Element and Capital
Improvements Schedule are subject to a separate set of regulations, different
from regulations which apply to the remaining elements of the Comprehensive
Plan. All other elements can be amended on an "as needed" basis; such
amendments are "large scale" amendments and can be submitted to the
Department of Community Affairs twice a year. The entire Comprehensive Plan
must be amended every seven years, based on the Evaluation and Appraisal
Report (EAR); such EAR-based amendment will be submitted for your review at
the beginning of 200S. However, it is a state requirement (163.3177(3)(b)1., F.s.)
that the CIE be reviewed and updated on an annual basis.
The last full review of the City's Capital Improvement Element was performed as
a part of the 2000 EAR-based amendments. There has been no annual evaluation
since; moreover, the 2000 amendments did not include a Capital Improvement
Schedule. Therefore, the 2007 update has been completed to bring the City into
compliance with state law.
Please note that the 2007 Capital Improvements Plan (CIP) alone, as developed in
conjunction with the annual budget adoption process and approved by the City
Commission (in September and October, for non-utilities and utilities' projects,
respectively), does not meet state requirements for the Capital Improvements
Element's Capital Improvements Schedule and related analysis. The Capital
Improvements Plan lists all projects to be undertaken by the City. In contrast, not
all CIP projects need to be included in the CIS, but additional information
pertaining to both the projects and the revenues to fund them has to be
incorporated into the Schedule. Information must reflect timing and funding of
projects to meet or maintain adopted levels of service standards for public
facilities or implements the goals, objectives and policies of the Comprehensive
Plan, and, most importantly, must demonstrate financial feasibility of the CIS as
per Section 163.3164(32), F.5.. This information is usually lacking in a CIP budget.
With respect to annual updates of the Capital Improvements Element, the
requirement for the financial feasibility of the Capital Improvements Schedule
was the most pertinent legislative change among those implemented between
2005 and 2007. Financial feasibility means that sufficient revenues are currently
available or will be available from committed funding sources for the first 3
years, or will be available from committed or planned funding sources for years
4 and 5, of a 5-year capital improvement schedule for financing capital
improvements, such as ad valorem taxes, bonds, state and federal funds, tax
revenues, impact fees, and developer contributions, which are adequate to fund
the projected costs of the capital improvements identified in the comprehensive
plan necessary to ensure that adopted level-of-service standards are achieved
and maintained within the period covered by the 5-year schedule of capital
improvements.
These new requirements must be fully met by December 1, 2008. Failure to do so
will result in significant sanctions: the City may not be able to process future
land use amendments or, if "the lack of commitment" is determined, remedial
actions by the Administrative Commission may result in a loss of some revenue
sources until compliance has been restored.
It is clear that the ongoing volatile fiscal environment implies a deep uncertainty
regarding the capital improvements plan both for the next 5 years and beyond. In
the meanwhile, staff has done the best to meet the new requirements in the 2007
update. As per these requirements, "corrections and modifications concerning costs;
revenue sources or acceptance of facilities pursuant to dedications which are consistent
with the plan may be accomplished by ordinance and shall not be deemed to be
amendments to the local comprehensive plan. A copy of the ordinance has to be
transmitted to the state land planning agency. An amendment to the comprehensive plan
is required to update the schedule on an annual basis or to eliminate, defer, or delay the
construction for any facility listed in the 5-year schedule".
As per 163.3177(6)(b)1 of F.5., the capital improvements element annual update
requires a single public hearing, which is the adoption hearing. If the Local
Planning Agency finds the proposed amendments consistent with the
Comprehensive Plan and the City Commission adopts them, the amendments
will then be transmitted to DCA.
Table of Contents
INTRODUCTION
SECTION I: OBJECTIVES AND POLICIES
Overview of the Proposed Amendments to Objectives and Policies of CIE. . . . . . ...i
Capital Improvements Element: Goals, Objectives and Policies .......................... 9-1
SECTION II: CAPITAL IMPROVEMENTS SCHEDULE
A. Background Analysis.... ......... ........................................... ......... ....9-11
B. CIS For Facilities Financed by Non-Enterprise Funds
Summary Tables.. .......... ...... ...... ......................... .................................................. 9-20
Bl: CIS For Parks and Recreation.......... ......................... ................................. 9-23
B2: CIS For Roads .............. ....... .......................................................................... 9-25
B3: CIS For Municipal Buildings...................................................................... 9-26
C. CIS For Utilities ... .............. .......................... ......................... ................................ 9-27
Project Overview..... .......... ........................ ........................................................... 9-28
Funding Capital Improvements For Utilities..... ..................... ......................... 9-35
Funds Summary Tables and Project Expenditures ....................................... 9-37
D. CIS For Palm Beach County School District
Attachments
1. Copy of the current Capital Improvements Element
2. Availability of solid waste disposal capacity (copy of SW A letter)
3. Copy of the Palm Beach County Comprehensive Plan section pertaining to
mitigation measures for Boynton Beach CRALLS
4. Copy of Ordinance 07-023, amending rate schedule for utility services
5. Location maps for selected utility projects
6. Strategic Plan for Recreation and Parks Department with the proposed draft
of Recreation and Open Space Element
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
The capital improvements element, as stipulated by 9163.3177(3) of Florida
Statutes (F.s.), is required to show the financial feasibility of providing public
facilities at the adopted levels of service outlined in other elements of the
Comprehensive Plan, and to provide a short-term (five-year) capital
improvements schedule for the provision of those facilities and services to ensure
their availability concurrent with development.
The City of Boynton Beach Capital Improvement Element was originated in 1989.
The element was amended following the Evaluation and Appraisal Report in
2000, and again in 2001 in conjunction with the adoption of the Public School
Facilities Element. The Capital Improvements Schedule developed in 1989 was
placed in the Element's Support Document but never adopted into the
Comprehensive Plan, nor was it updated at the time of the 2000 EAR-based
amendments.
Pursuant to 9163.3177(3)(b)1 (F.s.), the capital improvements element must be
reviewed and updated on an annual basis and modified as necessary to maintain
a financially feasible 5-year schedule of capital improvements. The Capital
Improvement Plan that the City adopts annually as part of the budget process
falls short of meeting all requirements for a capital improvements schedule as
listed in 9163.3177(3) F. S..
To amend this deficiency and address other issues identified in the Evaluation
and Appraisal Report adopted on February 2007, the City is submitting the 2007
update of the Capital Improvements Element with the Capital Improvement
Schedule. The methodology used in this update meets all state requirements,
including requirements regarding financial feasibility as enacted by the Florida
legislation in 2005 (9163.3164 and 9163.3177, F.s.).
The 2007 update of the Capital Improvement Element goes well beyond changes
recommended in the Evaluation and Appraisal Report. The element has been
revised and amended to better satisfy the state requirements contained in 9J-
5.016 and 9J-5.0055, Florida Administrative Code. As a result, some sections have
been streamlined as appropriate or removed as no longer applicable, and some
objectives and policies added or modified. Both the proposed and current
versions of the element are provided, the latter with marked changes and
comments.
The City is currently working on EAR-based amendments to all other elements
of the Comprehensive Plan, which will be submitted to the Department in the
first quarter of 2008. Extensive revisions will be proposed to some elements,
including Land Use, Coastal Management and Recreation and Open Space. In
the case of Utilities and Recreation and Open Space elements, proposed
amendments include changes in the Level of Service standards or definitions.
The proposed changes are reflected in the enclosed amendments to the Capital
Improvements Element, including analysis underlying the 5-year Capital
Improvements Schedule.
Pursuant to 9163.3180(6), F.S., each local government must submit annually, with
its updated capital improvements element, a summary of the de minimis impact
records. Since the City has not issued any de-minimis permits, no records are
provided.
As explained in the INTRODUCTION, the 2007 amendments to the Capital
Improvement Element are extensive and go well beyond changes recommended
in the Evaluation and Appraisal Report. The main objective of the rewrite was to
streamline and reorganize the objectives and policies to improve the element's
clarity and attain full compliance with the state requirements contained in 9J-
5.016 and 9J-5.0055, Florida Administrative Code (F.A.C).
Since the changes are so extensive, providing the current version with marked
changes is impractical. Instead, the following section provides a brief summary
of the proposed amendment.
1. The first three sections of the current Capital Improvement Element
pertain to Sanitary Sewer, Potable Water and Parks. The policies
contained in these sections are repeated from Utilities and Recreation and
Open Space elements. These sections would be removed; instead, the
proposed policies (9.1.4 and 9.1.5), in accordance with the overall goal for
the element, explicitly state that the capital improvement schedule mu.st
recognize the policies of other comprehensive plan elements. The policies
concerning the level of service standards would be moved to the
proposed concurrency section (Objective 9.2).
2. In the current version, policies regarding public school facilities are placed
in the Public School Facilities section as well as in several other sections of
the element. As proposed, this section would be eliminated, and its
policies allocated to specific objectives according to their contents. Please
note that all proposed changes pertaining to public school facilities were
reviewed and endorsed by the Palm Beach County School district
planning staff.
3. The policies under the current Objective 9E.1 regarding the process to
update the Capital Improvement Element would be moved to the first
Objective (9.1) of the proposed version.
4. The proposed concurrency section (current Objective 9E.2) is expanded
with the inclusion of the concurrency system requirements as per 9J-
5.0055, F.A.C.. Moreover, a lengthy policy 9E.5.2 addressing the
availability of public facilities to serve developments for which
development orders were issued prior to the adoption of the plan would
be replaced by policies 9.2.11 and 9.2.12. The first policy would assert that
impacts of such developments were incorporated into the level of service
standards for all facilities for which such standards have been adopted
and are therefore reflected in the proposed Capital Improvement
Schedule. The second would further ensure that vested rights of any
development are not impaired pursuant to Florida Law.
5. The current Policy 9E.5.4 deals with the availability of public facilities to
serve development projects, referred to as "exempt", for which
development orders were issued prior to the effective date of the City
Concurrency Management Ordinance. The ordinance went into effect in
1990 and all such projects are vested in accordance with the original
approvals.
6. The current Objective 9E.3, pertaining to the private developers'
participation in facilities' improvement cost on proportionate share basis,
would be replaced by Objective 9.4. Additional policies within this
objective would list the possible form of contributions and list the three
programs through which the city currently collects the proportionate
share contributions from new developments - the Park Impact Fee, the
Water, Wastewater and Stormwater capital facility charges and the
Proportionate Fair-Share Mitigation of Transportation Impact Program.
7. The current Objective 9.E.4, pertaining to the City's capital program's
revenues, would be replaced by Objective 9.4. The new Policy 9.3.2
commits the City to maintaining the financial feasibility of the Capital
Improvement Schedule as per new state requirement, defined in Section
163.3164, F.5.
The copy of the current Capital Improvement Element is attached.
ii
City of Boynton Beach
Capital Improvements Element
Goals, Objectives, and Policies
Goal 9. The City shall provide adequate public facilities to meet
existing needs and accommodate fut:.!.i:.f:e4fowth consistently
with objectives and policies of ii#f ellm.ents of this Plan
through a comprehensive cost-fJfJe~funding strategy.
.:...~. -',",--
- ~- -
-- -
~ -, ----
-.'- - ~
- - - -
-- -
Objective 9.1 The City shall provide, ~range for otherS '!t6 . provide, capital
improvements necess~orrect ~ficiencies 1i . (':cisting public
facilities, to serve projectecf~J1fe ~h and to ~ace obsolete
and worn-out facilities, in aG~elil1;ilce with an a4Qpted Capital
Improvements Schedule. ...
-, -
- -
~, -
Policy 9.1.1 - Schedule~J,;:)Il~.include facilities that
promote public hea .... and all ~.tities for which the Level
of Sentice Standarcr~as #~~optea Roads, Potable Water,
W~~~a~Stormwa~~olid ~. Collection, and Parks and
&Ei'eation:-,e CapitalfiiprovemenTSchedule may also include other
=f~es that~ance the ~lity of life for City's residents.
,".-,= ~-....;:...
- - -..::-, -'"
_. - -
Policy 9.1~~----;;.Begi ~ . ..iftall include in the Capital Improvements
-.. .... .... ule year ~ally feasible public school facilities program
,.' ed i junction with the Palm Beach County School District.
..,---- - ""':
-~:_^ '..,..-..- -':;:
Policy~ The C~tal I~ovement Schedule shall be organized by the
. .. >. followin~road' priorities: issues related to public health and safety
· -i.. shall rece1ire first priority, issues related to providing the adopted level
- serv~shall receive second priority, and all other additional issues
-addressed as needed to maintain operational efficiency in the
Ci~
Policy 9.1.4
By 2008, the City shall establish specific priority criteria for reviewing
capital improvements projects. The criteria will reflect cost feasibility
and effectiveness, relative magnitude and term of need,
intergovernmental commitments, the ability to take advantage of other
jurisdictional capital improvements, and overall budget impacts.
Project evaluation may also involve additional criteria that are unique
to each type of public facility, as described in other elements of this
Comprehensive Plan.
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
9-1
Date: December 18,2007
Capital Improvements Element
Policy 9.1.5
The Capital Improvements Schedule shall implement fiscal policies to
direct expenditures for capital improvements which recognize the
policies of the other comprehensive plan elements.
Public facilities projects listed in the Capital Improvements Schedule shall
maintain adopted levels of service standards for existing and future
development in a manner and location consisteat with the Future Land Use
Element of this Comprehensive Plan. . . .. ... ..._~
Policy 9.1.7 The City shall continue to recsgi:ii at capital expenditures
necessary for renewal, replacemeJ.t or ...fovement of existing
facilities take precedent over ~~~&n or a~~rated future facility
needs. '.-". ......
~ --
.:- ~
.:.,,: ,'," ~- ------------,-,-~
Policy 9.1.8 The City shall continue to eir.ce po~ of Objecti~; contained
in the Coastal Management El~aff'tha~ limits pu~c expenditure
enabling or subsi.3llzing developm~"'ifl. nnd redevelopment at increased
density in the Co -::.. -' h Hazard A]'~;_ . '. , _
Policy 9.1.9 The City shall mo~or- aluate ~. Capital Improvements
Elem~n an anii@..al _ '~firm the City's Capital
I~ver14&i Schedu~in con _. tion with annual budget
~eration!&tnd adopt~. Updated Capital Improvement Element
"C'wiil:lE:..Capit~Improvemem:t ~hedule shall be transmitted to the
Dep~PI1~~rmununity i5fairs no later than December 1st of each
-----;:~~ar. ., .' '. ':-:
- -
o~~~e 9.2 ~~jtym~nt osals are t~p;:~:~e co~~~o~:~e~:;e:~s~~:
_ service &ililabilify or the scheduled provision of additional services
. ... at the al:>pted level of service standards and meet existing and
.. ........J~ture faBIity needs.
Policy 9.2.1 t~E~ shall enforce the Concurrency Management System as set
foriI in the City's Land Development Regulations to ensure that public
facilities and services needed to maintain adopted Levels of Service
standards are available concurrent with the impacts of development.
Prior to the issuance of a development order or a building permit, the
concurrency review shall establish the following:
Policy 9.1.6
.
Finding on the impacts created by the proposed development
Finding as to whether the public facilities covered under the
Concurrency Management System will be available concurrent
.
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
9-2
Date: December 18, 2007
Capital Improvements Element
Policy 9.2.2
with the impacts of new development at the adopted Level of
Service;
· Finding of facility(s) improvements or additions that are required
to ensure the finding of concurrency; and
· Finding of the entity responsible for the implementation of all
required facility(s) improvements or additions.
The Concurrency Management system re~ements will be satisfied
if, at the time development order or pe~ i~6sued, one or more of
the following conditions are met: _ _ . .........
For potable water, wastewater, sm~ater atisi'solid waste:
-- -- ~
~'~' ".."','.
· A development permit $ssued supject to theeendition that, at the
time of issuance of c~e of occj!pancy, the neeesSa1'"y facilities
and services will be in plac~; ::At .::. .-:::... . ... .. .
· The necessa~y facilities an~ i:i:i~rvices are guaranteed in an
enforceable d~~pment agree - to be in place to serve the new
development a~e of issuanc the certificate of occupancy.
The developmeifi;-- t may in _ ..~ but is not limited to,
development agr~en .---!It tojection 163.3220, F.5., or an
~~~t or deve~mi!flt o~ed pursuant to Chapter 380,
3".5._'_ __ ..~
- ~ ":., --
.'-:""", - '":
":" FO~:l<s anl:fecreation: - ~
_. - --
- -
-'- ....-
~ ^'-
- ~ '""The ----. . y ;~ -and services are in place or are under
- ~Dstruc t the tiri1e a development permit is issued; or
.', · A.~ievelopIJ;Jm:I,t fJermit is issued subject to the condition that the
- · . . neclljiary faGii'fies and services are to be in place or under
.___ consf:i$ction ~ot more than one year after issuance of certificate of
- OCCU~lCY; or
.. .,,1,. A delaelopment permit is issued subject to the condition that, at the
.:';ti~f issuance of certificate of occupancy, funds in the amount of
:~veloper' s share are committed; or
· -At the time the development permit is issued, the necessary
facilities and services are the subject of a binding executed
agreement which provides for the commencement of the actual
construction of the required facilities or the provision of services
within one year of the issuance of a certificate of occupancy; or
· The necessary facilities and services to serve new development are
guaranteed in an enforceable development agreement to be in place
or under construction not more than one year after issuance of
certificate of occupancy. An enforceable development agreement
may include, but is not limited to, development agreements
9-3 Date: December 18, 2007
Capital Improvements Element
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
pursuant to section 163.3220, F.S., or an agreement or development
order issued pursuant to Chapter 380, F.s.
For roadway facilities:
Policy ~~.
--
--.-
"'ow _
-
--
· The necessary facilities and services are in place or under
construction at the time a development permit is issued; or
· A development permit is issued subje~ the condition that the
necessary facilities and services a#lo ~e in place or under
construction not more than three~aisafter issuance of certificate
of occupancy; or" . :......:::.
· At the time the develop~t;germit -~ssued, the necessary
facilities and services are tSe's~ect of a bi executed contract
which provides for the I'B.l.Lffience:q:ent of the aet=al construction of
the required facilities:-~p provIsion of servi~o;:;:.more than
three years after the issuan~ a ~te of OCCUP.l:tlCY.
· The necessary' facilities and s~~I~s to serve new d~velopment are
guaranteed in- nforceable de~ment agreement to be in place
or under cons _ ----flot more tli. ee years after issuance of
the certificate ~r ~cy. A _.-orceable development
agreement may ~clud~ nQ~imited to, development
~~~~ts pursuaiU. ~ectio~20, F.s., or an agreement or
:BErevelo~nt order is$'tled pursu<t~ to Chapter 380, FS.
:=!'~:{~. propoiii develop~t may be deemed to have a de minimis
i~ct arif! not be subjeor-tQ.:the concurrency requirements.
.... - ~
.......: -
----- -- - - .'-
:Jeithe ca~f putm~ol facilities, the issuance of development
o dev- ent pernuts or development approvals shall be based
upo Scho ict of Palm Beach County's ability to maintain the
minimU:m. level __-service. The necessary facilities shall be considered
to be in jiace when sufficient capacity exist in the concurrency service
area (CSi) in which the proposed development is located, or an
~~ailY adjacent CSA.
Cd~rrency review for public school facilities shall require the
applicant for a development order which includes any residential
component to provide a determination of capacity by the School
District of Palm Beach County that the proposed development will
meet the public school facilities level of service. A determination by the
School District is not required for permitting of single-family
residences on existing single family legal lots of record.
Policy 9.2.4
Policy 9.2.5 The City shall consider as committed and existing the public school
capacity which is projected to be in place or under construction in the
first three years of the School District's most recently adopted Five
City of Boynton Beach 9-4 Date: December 18, 2007
EAR-based Comprehensive Plan Capital Improvements Element
Amendments
Year Plan, as reflected in the Five Year Capital Improvement Schedule
of the Capital Improvement Element of the City Of Boynton Beach's
Comprehensive Plan.
Policy 9.2.6
The availability of public facilities shall be determined and measured
for the required public facility types using the following Level of
Service (LOS) standards:
-
· for sanitary sewer - 100 gallons~ capita per day for the
maximum month average daily fl~ peak population
· for potable water supply and~tni~- 200 gallons MDF per
capita of peak population ---:::-.. ..
· for solid waste - 7.2 po~ per .capita Pl:ll'iisJay with bi-weekly
pickup .:5 ~ ·
· for drainage - design:fo~,"year s~ for the d~Ol32Of the time
of concentration of the wat~d ..:-~~ ,~~
-- -- """"t'
· for drainage - floor elevation1iiife 100 year storm(a minimum of
six inches abo~the crown of an~tting road)
· for parks: 2.5 a~eveloped p~and p_er 1000 population
:.. -, - -
-, ~ -
--~,- -
---:. ~" -
The city shall providit a m~cle ~portation network based
on~wing min8.~eve~ice standards, except within
t_transp~tion conc~ency exceFion area (TCEA) and designated
~trainedB>adways atmIower level of service (CRALLS):
- -~ -:
- =~--=
- -
Le - "D" o~etter for peak hour conditions on all
.:=-- nsp~ed Ci~d collector highway facilities.
_ el of QiIYice "D" tor peak season peak hour conditions on all
_ _ cifie~cial facilities.
_ · Le of SerBCe ID" for 1-95 through the City, Boynton Beach
.... Boul~rd ITom Old Boynton Road to 1-95, NW 22nd Avenue
..... .. betweE1 Congress Avenue and 1-95, Congress Avenue between
· ......... Boy~n Beach Boulevard and NW 22nd Avenue and Boynton
~eaai Boulevard east of 1-95.
· ~vel of Service "Maintain" for all facilities that have been
ldentified as Backlogged and Contrained (where Level of Service
standards have been exceeded), except within TCEA and CRALLS.
The School District of Palm Beach County shall maintain minimum
level of service standards for public school facilities as follows, in
accordance with the adopted Interlocal Agreement:
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
9-5
Date: December 18, 2007
Capital Improvements Element
· The level of service standard for all schools shall be 110 percent
unless the school is the subject of a School Capacity Study (SCS)
undertaken by the School District, working with the Technical
Advisory Group (TAG) which determi..l3ii. that a particular school
can operate in excess of 110% utiliz~ N5::;school shall operate in
excess of 120% utilization. The S be required if a school in
the first student count of the~~ton ester reaches 108% or
higher capacity. .-. -~~
. ......~, - -:~"""
The advisory Levels of S~ce stan4ards have1;een established for
recreation facilities. The:-~ ring ~dards are ~t Frt of the
concurrency evaluation but _ C!!f"SEall consid~ed them as
guidelines in the ~apital improvell"~';;'-project review: .::c-
Baseball/soft~~ 1 per 15,000 ~..sqns,
Baseball, Reg-1 ~ ~rsons, .,-.~",::
Basketball Courts ~ per ~~sons...:-
-, 'ty Center& ..~r 2~~ons,
sitness 'ls -1/30,~ ;::..
_ .. ~()otball . ccer Fields ~ per 40,000 persons,
mmdballlRacq. Courts ~:Jii!.Br 10,000 persons,
__., Pic _ 3,000~rsons,
S5:Playgr@pds - . persons,
:irl!;;~it.11tipu~se Fields ~-1 per 10,000 persons,
S~eboa~Qlif.rts -1 per 5000 persons,
Sw~ng P(iJls -1 per 40,000 persons,
Tenn.iE<=ourfS -1 per 2,000 persons,
Boccestourt -1 per 25,000 persons,
. >> Voll~all Court -1 per 15,000, and
~park - 1 per 65,000.
Foi areas to be annexed, which are platted, developed, under
development, or have approved development plans in Palm Beach
County, the level of service for parks at time of annexation shall be
assumed to be that created by existing park facilities serving the area.
Policy 9.2.7
-'''''''''';''-
- -,
-,
Policy 9.2.8
· The level of service is a school's utilization, defined as the
enrollment as a percentage of school student capacity based upon
the Florida Inventory of School Houses (FISH).
Policy 9.2.9 All community redevelopment plans adopted by the City Commission
shall include an evaluation of public facilities which serve the
redevelopment area to determine whether the levels of service
contained in the Plan are met, and to examine sources of funding for
any necessary capital improvements related to these public facilities.
City of Boynton Beach 9-6 Date: December 18, 2007
EAR-based Comprehensive Plan Capital Improvements Element
Amendments
Policy 9.2.10
The City shall continue to coordinate capital improvement projects
with plans of agencies that provide public facilities within the City as
follows:
Waterways:
..Co
Depa
trucn=..of nee
- -
- -
- -
--.. ~
~,'"
The ~ital fili~~~ment Schedule shall include all improvements
made tBtate-anaounty roadway facilities by the Florida Department
of TranSjprtation and Palm Beach County that are essential for
maintainsg the level of service on facilities within the City's
~n~~.
P~t School Facilities:
Boynton (C-16) Canal: __
The findings and recommendations cOI"lSR'nin~ the primary drainage
facilities shall be coordinated w' e South Florida Water
Management District and Lake W o~r e District.
4~ -'-'
--- - -
--"'._, -
The City's stormwater pla~ sh1fJ.:1 Be coord~d with the drainage
studies which will be condamed by the Lake Wor inage District.
~ -, --
~,- -
--, -,_-.
""":;" ',,', ~ "<)l'~"k.-;HJlm'
Intracoastal Waterway: · ..... =---==... __ . .
The design of p1!blic facilities ~g are over, adjacent to, or in the
Lake Worth Lagl!BB-or the Intracoaa.l Waterway shall comply with
the requirements ~Inland NavrS'i~ion Pistrict and the Army
Corps of Engineers. ~. _..;;,~ . ,-
- -, -
';.. "- -
-::::. -:f _ ..::
Roa~~ ........t='-=:- ~.c
~ . ' '~,:" .::"7
ity sh~coordinate1E.ajor road improvements with Palm Beach
M.iropolitan PliR:ming Organization and the Florida
ortatiljit and lobby them to ensure funding and
_ ovements to state highways.
The City shall provide the School District with annual information
needed to maintain school concurrency, including information
required for the School District to establish:
· School siting criteria;
· Level of service update and maintenance;
· Joint approval of the public school capital facilities program;
· Concurrency service area criteria and standards; and
· School utilization.
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
9-7
Date: December 18, 2007
Capital Improvements Element
Policy 9.2.11
The City has incorporated the impacts of development orders issued
prior to adoption of this Plan in the level of service standards for all
facilities for which such standards have been adopted. Therefore, the
Capital Improvement Schedule identifies the projects necessary to
maintain the adopted level of service standards; this ensures the
availability of public services for previously issued development
orders.
Policy 9.2.12 Notwithstanding the provIsIOns of
requirements of this Plan shall be miUtta . ;..so as to not apply in any
manner to impair vested rights ~~n15':J.~hed p1:ili&!ant to Florida Law, to
the extent that any develo . nf;:::.of portio~reof, is vested as
against the requirements~, Plan. _ · . .... '. ..~
~' ",. :.,. , ~~. ~".:: "<0--:,,, ,~
Objective 9.3 The City shall maintain a c~l ~C\{ll that can,~ adequately
accommodated by projected reve"'liS or other finandil resources.
-" "
...-. -
..- -........
_. '---'
Policy 9.3.1 Capital Improvem~~..1 be financ~ d d~bt shall be managed, as
follows: ~ ... . .
. Public facilities fi~ced ~fprise.Jtlnds (i.e. utilities - potable
wat~ary sewer, $.o~ate~waste, and golf course) shall
be:fihance · . .. ._::::c
. --:: . 7';;~
':;:: iQ D to be repa~ user fees and charges for enterprise
..~~w' ,_ ~";'". .
'~.,'.'ifV.' "._ '.,~>, '-"-',~_"
.. <'.0 C~nt assets (i.e., reserves, surpluses, and current revenue,
-- .....~~L incl~ansfers); or
,-- -.-
-. -
--" ~. =~
-- ~,-
o Ef\ combination of debt and current assets.
....~. Pub~ facilities which are financed by non-enterprise funds (i.e.,
fiiiQ~-arks, library, fire service, police protection, and government
buliings) shall be financed from current assets: revenue, equity
and/ or debt. Financing of specific capital projects shall depend on
which asset, or group of assets, will be most cost effective, consistent
with prudent asset and liability management, appropriate to the useful
life of the project(s) to be financed, and make the most efficient use of
the City's debt capacity.
Policy 9.3.2 The Capital Improvement Schedule shall be financially feasible as
defined in Section 163.3164, Florida Statutes. Specifically, the City shall
ensure that sufficient revenues are currently available or will be
available from committed funding sources for the first 3 years, or will
City of Boynton Beach 9-8 Date: December 18, 2007
EAR-based Comprehensive Plan Capital Improvements Element
Amendments
Policy 9.4.3
be available from committed or planned funding sources for years 4
and 5, of a 5-year capital improvement schedule for financing capital
improvements, such as ad valorem taxes, bonds, state and federal
funds, tax revenues, impact fees, and developer contributions, which
are adequate to fund the projected costs of the capital improvements
identified in the comprehensive plan necessary to ensure that adopted
level-of-service standards are achieved and maintained within the
period covered by the 5-year schedule Ofc~{mprovements.
Policy 9.3.3 The City of Boynton Beach shall.....,; in a maximum cap for
long-term general obligation debt,:::f€r% ~ total assessed value of
both real and personal proper~"l.'h!n the ~limits. This cap shall
be adjusted annually to refls;TtITEl: ~nnual d~es in the assessed
value. There shall be no liaiflation on the use of~nue bonds as a
~. _. --...
percent of total debt se~~e City ~ '> . ,..;;;.
- - -.--.-
- -----. ~
- " ,~'~ ~.
Objective 9.4 The City shall co~ntinue to proviai'!fficit pri~ate developers participate
on a proportion ~hare basis i~y facility improvement costs
necessary to ma the adopte~ vel of service standards
specified in PolicyV. ital fad '::arges, impact fees and
any other legally ava'l.!ble " opri~, methods.
---. ~ ~ _.. -~
lJ' -,-'-~
Policy 9.4.1 T~'1"xisti.1l~nd future ifVelopme~all pay a proportionate cost of
~apital iJiprovement ~cessary to maintain the adopted level of
. se~. Exis~g developm~t:.s. payment may take the form of user
_ fees, ~~ja~~ent and..iiXes. Future development's payment may
___ ..........~ a I~ ot; 1fu.t~e limited to, impact fees, capital facility
- dl~S, d~ations or land, provisions of public facilities, and
_~ ...... .. voluj'i.!:r con tions.
- ---
--.. --
Policy 9.@;" The Cit)5,Shall b;ntinue the implementation of the Park Impact Fee
'., Program'Eallowing for land dedication in-lieu of the fee payment, to
':, ~nsure t:Jait new development pays a proportionate share of the costs of
~~tal facility capacity needed to address the demand for such
fa~es generated by new development.
The City shall continue the implementation of the Water, Wastewater
and Stormwater capital facility charges to ensure that new development
pays a proportionate share of the costs of the water, wastewater and
stormwater capital facility capacity needed to address the demand for
such facilities generated by new development.
Policy 9.4.4
The City shall continue to implement its Proportionate Fair-Share
Mitigation of Transportation Impact Program to allow for
proportionate share contributions from developers toward traffic
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
9-9
Date: December 18, 2007
Capital Improvements Element
concurrency requirements by contributing their share of the cost of
improving the impacted transportation facility. Proportionate Fair-
Share mitigation contribution may include private funds, contributions
of land, and construction and contribution of facilities; the City shall
continue its preference for the actual construction of facilities over
contribution of funds.
City of Boynton Beach
EAR-based Comprehensive Plan
Amendments
9-10
Date: December 18, 2007
Capital Improvements Element
The 2007 Boynton Beach Capital Improvements Schedule (CIS) covers a short term, 5-
year planning period. The City has not identified any deficiencies requiring an adoption
of a long-term concurrency management system pursuant to 9163.3180(9), F.5., and thus
does not need to extend its CIS past the short-term planning horizon.
Tables A and B on the following page contain population projections for the City and the
City's water service area. The projections for the City come from two sources: Palm
Beach County Planning Division and the Metropolitan Center of the Florida
International University. The Palm Beach County arrives at the municipal projection
figures by disaggregating county-level forecasts produced by the Bureau of Economic
and Business Analysis of the University of Florida. The Metropolitan Center projections,
produced in June of 2006, include low, medium and high scenarios. As shown in Table
A, 2010 and 2015 projections by county are very close to the Metropolitan Center high
scenario City's figures, not unexpectedly since the latter are housing unit-based and
therefore derived with the use of similar methodology.
In 2007 Boynton Beach population fell by 0.3%. As other municipalities in the Palm
Beach county either lost population or experienced flat growth, and the Palm Beach
County School District student enrollment fell for the second straight year, the small
population loss by the City appears to be a part of a general trend. Given the prolonged
downturn in residential markets and the overall economic climate, the population
growth over the next 5 years is likely to be weaker than previously thought, and the
population projections for this period have to be adjusted forward. For example, the
county projections show a population of 81,446 for 2012. With the 2007 figure of 66,872, a
population increase of 14,574 with the underlying annual growth of 4% over the next 5
years is simply not realistic. The Metropolitan low scenario (see Table B) implies a
slightly lower figure, but still well beyond what can be considered a reasonable estimate.
Since the 2000 Census, the City grew on average about 1.5% per year. Staff used this
annual increase to produce a short-term, 5-year adjustment to the population
projections. The adjustment generated a 2012 population projection of 71,934, likely a
"reasonable estimate". Long term projections may have to be adjusted as well.
The adjusted 5-year projections are used for the level-of-service standards calculations
for public facilities and services provided within city's boundaries. For water and
sanitary sewer facility planning within the entire service area, the City uses the
Metropolitan Center housing unit-based projections (which, in case of the total service
area, constitute a low scenario).
9-11
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The current Boynton Beach Comprehensive Plan's Recreation and Open Space Element
determines the Level of Service standard for district parks to be 2.5 acres per 1000
residents. Both the neighborhood parks Level of Service and the recreation facilities
Level of Service standards are advisory. However, there is an inconsistency between the
Recreation and Open Space Element and Capital Improvement Element; the Policy
9C2.1 of the latter, which has not been amended concurrently with the policies of the
Recreation and Open Space Element, implies that neighborhood parks' LOS of 2.5 acres
per 1000 persons is also an adopted, and not advisory, standard.
Furthermore, Policy 9C3.5 of the Capital Improvement Element states that the City shall
continue to require a minimum of 6 acres per 1000 population for park dedication/fee-
in-lieu. This policy has not been amended concurrently with the City's Land
Development Regulations. In 2002, the City changed the methodology of impact fee
imposition from one based on land dedication to one based on an impact fee solely
dependent on the type of residential development.
In 2004 the City contracted with a consultant to develop a Parks and Recreation Strategic
Plan for the City of Boynton Beach and to revise the Comprehensive Plan element based
on the adopted Strategic Plan, the Conceptual Parks and Recreation System Map and
narrative and Implementation Strategies. A new draft Recreation and Open Space
Element was adopted by the Commission on April 18, 2006, as a part of the Strategic
Plan. It will undergo a final review as a part of the EAR-based amendment process.
As per the Strategic Plan and the draft Recreation and Open Space Element, the City's
proposed Level of Service Standard is 2.5 developed acres per 1,000 residents for all
parks. After an extensive analysis, the consultant concluded that this is an appropriate
and satisfactory level of services and the City Commission concurred.
At present, the City has 236.45 acres of parks in various categories as listed in Table C
Table D indicates that the City's provision of developed parks is well above its adopted
level of service, and will continue to remain above the adopted LOS throughout the
next 5-year planning period. The level of 2.5 acres of developed parkland will be
maintained easily till 2020. By 2025, all population projections indicate that the adopted
standard and the actual provision will converge.
The implementation of the Capital Improvement Program will turn out major facility
upgrades and replacements on some 60 acres of existing parks; moreover, two new
parks - Nautica Sound and Winchester - will add 14 acres to the park inventory (the
development of the 15-acre Quantum Park is planned to begin in 2011/2012 fiscal year,
but is not factored-in for the projected 2011/2012 LOS provision). Even though the
impact of these improvements is not critical for maintaining the adopted level of service
9-13
TABLE C: PARK INVENTORY 2007
Urban/Civic Space Acres Neighborhood Parks Acres
Bicentenial Park 1.00 Boynton Lakes Park 8.00
Edward Harmening Arbor 0.40 Forest Hills Park 3.70
Heritage Park 0.10 Galaxy Park 4.00
Hibiscus Park 0.50 Jaycee Park 5.60
Kiwanis/Sierra Club Park 0.15 Laurel Hill Park 1.50
Veteran's Park 0.50 Meadows Park 7.00
TOTAL 2.65 Pence Park 3.40
Pioneer Canal Park 2.50
Community Parks Southeast Neighborhood 2.30
Congress Avenue Park 25.00
Ezell Hester Park 15.00 TOTAL 38.00
Intracoastal Park 10.00
Wilson Park 3.50 Conservation Lands
TOTAL 53.50 Sea crest Scrub 53.70
Rolling Green Scrub 8.00
Special Use Parks Rosemary Scrub 13.60
Barton Mem.Park/Cemetary 5.70 TOTAL 75.30
Little League 11.00 Water/Beach Access
Kids Kingdom 0.50 Boat Club Park 9.50
Sara Sims ParklCemetary 4.00 Mangrove Park 12.00
TOTAL 21.20 Oceanfront Park 12.00
TOTAL 33.50
Greenways/Bikeways GRAND TOTAL 226.45
Palmetto Green 2.30
TOTAL 2.30
TABLE D: PARKS'S LEVEL OF SERVICE, 2006-2012
2006/2007 2011/2012
Current/projected Population 66,872 71,934
Developed Park Acreage 226.5 240.5
Adopted LOS 2.5 2.5
Actual/Projected LOS 3.4 3.3
Notes:
* Projected LOS is calculated with the addition of 2 new parks, for a total of 14 acres (see Capital
Improvement Expenditures - Parks)
9-14
TABLE E: ADVISORY LOS AND PROVISION OF RECREATIONAL FACILITIES
FACILITY
ADVISORY LOS PROVISION ADVISORY LOS- DEFFICIENCY
BASED NEED
Baseball/Softball Fields
Baseball, Regulation
Basketball Court
Community Center
Fitness Trail
FootbalVSoccer Field
Multipurpose Field
Racquerball Court
Picnic Areas
Playground
Shuffleboard Court
Pool
Tennis Courts
Bocce Court
Volleyball Court
Skate park
1/15,000
1/25,000
1/4,000
1/25,000
1/30,000
1/40,000
1/10,000
1/10,000
1/3,000
1/4,000
1/5,000
1/40,000
1/2,000
1/25,000
1/15,000
1/65,000
4
3
17
3
2
2
7
7
22
17
13
2
33
3
4
1
4
4
14
5
2
1
2
9
24
19
16
1
31
4
4
o
o
o
o
o
o
o
o
o
N_~_~_._ __ ~___ __h____
Notes:
* Based on 2007 population of 66,872; standards revised as per Strategic Plan 2007-2008 (attached)
* Provision figures account for current facilities and facilities to be added within the 5-year planning period.
9-15
(withdrawals of the acres to be improved from the inventory would not cause the ratio
to fall below the 2.5 level within the 5-year period), it will significantly enhance the
quality of life for the City's residents.
As explained above in the Population Projections section, staff lowered the projected
2011/2012 population figures, but the projected LOS would not fall below the adopted
LOS under any population growth scenario for the 5-year period.
The advisory Level of Service standards for recreational facilities are listed in Table E.
The standards were determined through the trend of use analysis for existing facilities
and the Park and Recreation Needs Assessment completed by a consultant in 2002.
The proposed new LOS is 100 gpcd. Recent analysis showed that the service provision
for the sanitary sewer has exceeded the adopted LOS 90 gpcd. There are several reasons
why the LOS of 90 gpcd is no longer achievable or realistic. The increased capacity
demand is partly due to a change in demographics (a higher percentage of families with
children) and partly to a growing percentage of commercial customers in the service
area. Commercial customers, especially restaurants, generate significant amounts of
sewage into the system (which, in the LOS calculation, is not offset by the increased
population count). The remaining increase is caused by groundwater infiltration and
inflow into the collection and conveyance system. The completion of the Inflow and
Infiltration control program by 2013 is important to the maintenance of the new LOS of
100 gpcd over the 5-year planning period.
The City of Boynton Beach uses a number of revenue sources to fund capital
improvements, including public service taxes, local option gas tax, bond proceeds,
impact fees, capital facilities charges, grants and others.
Specifically, capital improvements for non-enterprise facilities are financed through:
. Public Service (PS) Tax Refunding Debt Service Fund: accounts for the debt
service on the City's 1993 Public Service Tax Refunding Bonds (the 1993 bonds
refunded the City's Public Service Tax Bonds, Series 1986 and 1990). After the
appropriations for the debt service, the remaining funds are split between
General Fund and the Capital Improvements Fund (57% to CIF).
. Local Option Gas Tax Fund: created during the 1983-84 fiscal year as a result of
an Interlocal Agreement between the Palm Beach County and local
municipalities for the distribution of the gas tax revenue. As per the Agreement,
9-16
expenditures of this fund are to be used for road maintenance (from the part
transferred to General Fund), and public transit (from the part transferred to
Mass Transit Fund); the residual amount is transferred to Capital Improvements
Fund and used for road improvements.
· Bond proceeds: new revenue bond issue of $25,000,000 is planned for 2007/2008
fiscal year.
· Park and Recreation Facilities Fund: revenues are impact fee payments by
developers of projects with a residential component.
. Grants
Other funding sources may occasionally be used. Please note that no Capital
Improvement expenditures are funded from the General Fund.
The capital improvements for enterprise facilities are financed by:
· Revenue bond proceeds and other debt (state loans); debt service costs are borne
by system customers.
· Capital facilities charges from new connections to the water and wastewater
systems.
· Transfers from the operating budget
. Grants
The City provides solid waste collection service, the cost of which is covered by user
fees. Capital expenditures for vehicle replacements are not included in the City's CIP but
are a part of the Fleet Maintenance Plan, an internal service fund based on depreciation
write-offs. The City's solid waste disposal capacity is managed by the Solid Waste
Authority (SW A) of Palm Beach County. As per the attached letter, SW A notified the
City that there is sufficient capacity to accommodate the solid waste disposal for the 5-
year planning period and beyond.
The Capital Improvement Schedule (CIS) must be financially feasible. The definition of
financial feasibility (Sec. 163.3164(32), F.5.) stipulates that" Sufficient revenues are currently
available or will be available from committed funding sources for the first three (3) years, or will
be available from committed or planned funding sources for years 4 and 5, of a 5-year capital
improvement schedule". Planned revenue sources
· Utilities CIS: all funds can be defined as committed. The City Commission
approved Water, Sewer and Stormwater Rate Study and resulting increases in
9-17
rates and capital facilities charges (see Ordinance 07-023, attached), thus ensuring
revenues to pay debt service on the bond to be issued. The approved Rate Study
also factors in revenue requirements for debt service on the state revolving loan
planned for 2010/2011 and 2011/2012 fiscal years.
The projections for capital facilities charges are conservative. They are based on
the increased charges as well as an assumption of lower development activity
over the planning period.
. CIS for facilities financed by non-enterprise funds: all funds can be defined as
committed. The 2007/2008Jevenue bond has been approved and all grants have
been effectively secured. FEMA grant approval letter has not yet been received
and the grant amount may fall some $500,000 short of the $1,775,000 request;
however, this adjustment would still leave the ending Capital Improvements
Fund balance t..t,.e 2011/2012 fiscal year h'1 the positive, indicatLTlg fw.ancial
feasibility of the 5-year Capital Improvements Schedule.
The current fiscal environment is unstable and there is a distinct possibility of a very
significant decline of the General Fund revenues within the period under consideration.
The operating budget shortfalls may necessitate increased PS tax transfers to the General
Fund, with the ensuing reduction of the Capital Improvement Fund's revenues and
significant changes in the Capital Improvements Schedule in the near feature.
Tables 1-7 on the following pages show historical trends and projections for the City's
revenues available for funding of general city projects (see Section C, Overview for the
Utilities Capital Improvement Schedule for enterprise funds data).
Historical Trends
TABLE 1. LOCAL OPTION GAS TAX REVENlES (FUND 104)
2002/03 2003/04 2004/05 2005/06 ,Zl06J07
REVENU ES
Local Optbn Gas Tax $1,252,651 $1,310,648 $1.334,220 $1,290,656 $1,245,449
Interest Ecrnings $14,405 $12,368 $31,983 $66,527 $58,159
Fund Balance Forward $1,024,092 $779,648 $977,153 $1,962,971 $1,068,776
TOT AL REVENUES $2.291 148 $2 102.664 $2. 343. 356 $2.420.154 $2.372.384
TABLE 2. PUBLIC SERVICE TAX REVENUES(FUND 207)
2001/02 2002/03 2003/04 2004/05
REVENU ES
Pubic Service Taxes $4,227,624 $4,081,616 $4,107,498 $4,335.108 $4,351,169
Interest Ecrnings $18,629 $11,211 $56,303 $106,010 $35,429
Fund Balance Forward $1,771,083 $1,003,146 $1,003,146 $1,474,100 $1,004,993
TOT AL REVEN UES $6,017,336 $5,095,973 $5, 166,947 $5,915,218 $5,391,591
9-18
TABLE 3. PARK IMPACT FEES REVENUES (FUND 141)
REVENU ES
Park Imr::act Fees
Interest Ecrnings
Fund Balance Forward
TOT AL REVEN UES
$601,955
$10,904
$989,183
$1,602,042
$698,591
$12,081
$1,098,957
$1,809,629
$1,141,276
$44,7ffi
$2,284,092
$3,470,124
$388,276
$134,805
$2,729,719
$3,252,800
$643,516
$163,807
$3,537,600
$4,344,923
Revenue Projections
TABLE 4. LOCAL OPTION GAS TAX REVENUES
Proiections
2007/08 2008109 2009/10 2010/11 2011/:al12
DETAILS) REVENUES I
Localoptbn Gas Tax $1,413,720 $1,441,994 $1,470,834 $1,500,251 $1,530,256
Tota/ Charges for Services $1,413,72{} $1,441,994 $1,470,834 $1,500, 251 $1,530,256
Investment Income
Interest Ecrnings $52,000 $52,000 $52,000 $52,000 $52,000
Tota//nvestmert Ircome $52,000 $52, 000 $52,000 $52, 000 $52,000
Sub-Total $1,465,720 $1,493,994 $1,522,834 $1,552,251 $1,582,256
TABLE 5. PUBLIC SERVICE TAX REVENUES
Projections
2007/08 2008/09 2009/10 2010/11 2011/2012
DETAILED REVENUES
PUBLIC SERVICE TAXES
Florida Power and Light $2,617,212 $2,721,900 $2,830,776 $2,944,008 $3,061,768
Florda Public Utilities $45,971 $46,891 $47,828 $48,785 $49,761
Amerigas $9,873 $10,071 $10,272 $10,478 $10,688
Miscellaneous Utilities Taxes $24,338 $24,824 $25,321 $25,827 $26,344
Communication Taxes $1,813,968 $1,886,527 $1,961,988 $2,040,467 $2,122,086
TOTAL CHARGES FORSERVI( $4,511,362 $4,690,213 $4,876,185 $5,069,565 $5,272,348
INVESTMENT INCOME
Interest Earnings $78,000 $81,120 $84,345 $87,739 $91,249
TOTAL INVESTMENT INCOME $78,000 $81 ,120 $84,345 $87,739 $91,249
GRAND TOTAL $4,589,362 $4,771,333 $4,960,530 $5,157,304 $5,363,596
TABLE 6. PARK IMPACT FEE PROJECTIONS
Projections
2007/2008 2008/2009 2009/2010 2010/ 2011 2011/2012
Park Impact Fees $500,000 $500,000 $500,000 $500,000 $500,000
Note: Projections based on low development activity. May have to be adjusted downwards if the real estate
recession continues.
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R
Raw Water Supply Capacity
The City will be actively engaged in diversifying it sources of water supply over
the next planning period. At present, the City is totally dependent upon the
surficial aquifer as a supply, but also has one Aquifer Storage and Recovery
(ASR) well in operation, which stores excess seasonal water in a deeper, confined
aquifer, for recovery during dry weather. The overall goal of the City's plan is to
significantly reduce dependence on the surficial aquifer during the dry season of
the year. Anticipating additional restrictions on the surficial aquifer, the City has
developed a Water Supply Plan that calls for the following actions:
1. Interconnecting the City's two wellfields (east and west) so as to
supplement the eastern wellfield with additional water from the west.
The withdrawal from the eastern field is limited due to its proximity to the
Atlantic Ocean.
2. Constructing up to 5 new Floridan aquifer supply wells.
3. Expanding the treatment facilities capacity and distribution system for
reuse water, which will offset existing demands on the surficial aquifer.
Water Treatment Capacity
Water treatment plant capacity is not a major issue at this time. The City has a
surplus of installed water treatment plant capacity at the East Water Treatment
Plant,; however, the actual ability to produce water is limited by the insufficient
volume of treatable water delivered to the two treatment plants. As stated in the
Potable Water section above, the issue is obtaining approval from the Water
Management District to withdraw and use the needed water, and constructing
the necessary transmission lines to deliver the water to the East Water Treatment
Plant. During the next planning period the City will re-design its West Water
Treatment Plant so that it can accept and treat brackish water from the Floridan
aquifer.
Level of Service Standard
The current LOS is 200 gpcd. However, the City shall continue to consider a
variety of options to implement potable water conservation strategies such as
variable rate structure, aquifer storage and recovery, education and reuse to
reduce per capita water consumption rates to at least 175 gpcd annual daily
average by 2017.
9-28
Treatment and Disposal Capacity
The south Central Regional Wastewater Treatment Plant, serving the cities of
Boynton Beach and Delray Beach, has approximately 25 percent of its installed
capacity in reserve for future growth. Both cities are co-owners of the facility,
and contribute equally to its capital needs. Although at this time a facility
expansion is not required, by 2013 the capacity required by the City of Boynton
Beach will exceed 50% of the overall treatment plant capacity. Before that occurs,
the cities will have to renegotiate the agreement as to the allocation of the
available reserve capacity in light of each city's growth needs. Both cities have
active Inflow and Infiltration control programs that have caused an average or
0.69 MGD reduction in flow to the treatment plant from 2005 to 2006.
This capacity issue has been identified as a major issue in the City's EAR.. To
optimize its existing capacity, Boynton Beach anticipates spending over 11.5
million dollars over the next 3 years on inflow and infiltration control measures.
This program will focus on the older sections of the gravity sewer system, much
of which is located in the low-lying coastal zone.
'.
Change in the Level of Service Standard
The proposed new LOS is 100 gpcd. Recent analysis showed that the service
provision for the sanitary sewer has exceeded the adopted LOS 90 gpcd. There
are several reasons why the LOS of 90 gpcd is no longer achievable or realistic.
The increased capacity demand is partly due to a change in demographics (a
higher percentage of families with children) and partly to a growing percentage
of commercial customers in the service area. Commercial customers, especially
restaurants, generate significant amounts of sewage into the system (which, in
the LOS calculation, is not offset by the increased population count). The
remaining increase is caused by groundwater infiltration and inflow into the
collection and conveyance system. The completion of the Inflow and Infiltration
control program by 2013 is important to the maintenance of the new LOS of 100
gpcd over the 5-year planning period.
The City maintains stormwater drainage plans for various stormwater basins to
identify and prioritize needs for expansion, replacement, and improvements to
the stormwater system. The planned stormwater improvements aim at
mitigating localized drainage problems which may impair access to properties,
9-29
or result in property damage during extreme events, and assure that all new
stormwater systems comply with best management practices.
Reconstructed roadways in redevelopment areas will include on-site stormwater
retention or detention facilities for water quality enhancement. Discharges of
freshwater into the estuarine environment will be minimized. Existing swale
drainage systems will be redeveloped so as to retain water and function as
originally intended. The following areas will receive these types of stormwater
upgrades by 2013.
1. SE 4th Street and SE Federal Highway project area
2. Central Seacrest Corridor area
3. Rolling Green area
Tables below are summ.arize information on selected water, wastewater and
stormwater projects included in the Capital Improvement Schedule. The project
number corresponds to its CIS number.
Project Name: Wellfield Interconnection; Project # 109
Project Location: From West Wellfield to East Wellfield (see Map A)
Project Description: This project involves constructing approximately 7 miles of
large diameter water main from the western boundary to the eastern boundary
of our service area.
Project Justification: It will allow the City to utilize water from the western well
field at both treatment plants, and reduce long-term demands at the eastern
wellfield. The eastern field is limited due to its proximity to the Atlantic Ocean.
(UE Db). 3C.l, Policy 3C.l.l0, 3D.l.l)
Funding Source: Mixed: Capital Facilities and Reserve funds
Estimated Cost 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012
Design 450,000 500,000
Construction 2,000,000 15,000,000 8,000,000
Other
TOTAL 450,000 2,500,000 15,000,000 8,000,000
9-30
Project Name: Construction of up to 5 new Floridan aquifer supply wells;
Project # 110
Project Location: Western portion of service area (see Map B)
Project Description: The City is planning to construct up to 5 new Floridan
aquifer supply wells in the western portion of its service area, so as to extract a
potential 10-12 MGD of brackish water from the Floridan aquifer, for treatment
at the West Water Treatment Plant. This project will include constructing the
necessary pipelines to connect the new wells to the Treatment Plant site, and also
construct a required monitoring well.
Project Justification: The Floridan aquifer is a confined aquifer, and although
brackish in nature, it is not impacted by droughts increasing demands on the
surficial aquifer system. The added capacity afforded by these wells will be
necessary to meet buildout demands. This new source of supply will require
modifications to the West Treatment Plant, in order to successfully treat the
higher salinity water found in the Floridan aquifer.
(UE Obi. 3Cl)
Funding Source: Mixed: Capital Facilities and Reserve funds
Estimated Cost 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012
Design 50,000 500,000
Construction - 2,000,000 2,000,000 2,000,000 7,000,000
Other
TOTAL 50,000 2,500,000 2,000,000 2,000,000 7,000,000
Project Name: West Water Treatment Plant re-design and modification to treat
brackish water; Project # 111
Project Location: West Water Treatment Plant - 5469 W. Boynton Beach Blvd.
Project Description: This project is coupled with water supply projects to
interconnect the two existing wellfields, and install new Floridan Aquifer wells.
The plant will be re-designed and modified to remove the additional dissolved
solids found in the brackish water of the Floridan Aquifer.
Project Justification: See above
(UE Obi. 3Cl, Policy 3.Cl.3)
Funding Source: Mixed: Capital Facilities and Reserve funds
Estimated Cost 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012
Design 500,000 610,000 500,000
Construction 526,000 7,295,000
Other
TOTAL 610,000 1,026,000 7,295,000
9-31
Project Name: Expansion of Reuse Water System; Projects # 1,2 and 3
Project Location: Se 23rd Ave., Seacrest Blvd. , SE 4th Street
Project Description: The City of Boynton Beach, as a co-owner of the facility, is in
the process of increasing the capacity of filters and disinfection units at the
regional wastewater treatment plant. Eventually, the plant entire wastewater
stream can be treated as irrigation-quality water. This project will include the
expansion of the distribution system for reclaimed water.
Project Justification: The City intends to use expansion of the reclaimed water
system as a means of securing additional water allocations from the surficial
aquifer. (UE Obj. 3.C.3)
Funding Source: Capital Facilities Fund (expansion-related)
Estimated Cost
2007/2008 2008/2009 2009/2010 2010/2011
Desi 500,000
Construction 5,000,000
Other
TOTAL 5,500,000
Reuse -
distribution
Desi 500,000
Construction 2,500,000 3,500,000 3,500,000 3,000,000 3,000,000
Other
TOTAL 3,000,000 3,500,000 3,500,000 3,000,000 3,000,000
GRAND TOTAL
FOR REUSE 8,500,000 3,500,000 3,500,000 3,000,000 3,000,000
SYSTEM
9-32
Project Name: Inflow and Infiltration control; Projects # 41 (design) and 56 &57
(construction)
Project Location: Eastern portion of service area (see Map C)
Project Description: This program will focus on the older sections of the gravity
sewer system, much of which occurs in the low-lying coastal zone. As in other
areas with high groundwater elevations, significant quantities of water can seep
into the gravity sewer system through cracks in the piping and manholes. The
City is commencing the second phase of a multi-phase project to identify and
repair those leaks. The project activities include televising and inspecting
manholes and sewer lines, then re-lining or replacing those with noticeable
infiltration problems.
Project Justification: Infiltration and inflow from groundwater sources add
additional flow to the treatment plant, increase operating costs, and waste a
valuable groundwater resource. Eliminating infiltration and inflow will extend
the treatment capacity at the regional wastewater facility, and may eliminate the
need for future expansions. (UE Obi. 3A.3)
Funding Source: Capital Reserve account, including bond proceeds (2007 issue)
Estimated Cost 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012
Design 1,500,000 1,100,000
Construction 2,900,000 3,000,000 3,000,000 650,000 650,000
Other
TOTAL 4,400,000 4,100,000 3,000,000 650,000 650,000
Project Name: SE 4th Street and S. Federal Highway impr.; Projects # 25 & 36
Project Location: SE 4th Street from SE 2nd. Ave. to SE 12th Ave., and areas east of
Federal Highway
Project Description: Reconstructed roadways in redevelopment areas will
include on-site stormwater retention or detention facilities for water quality
enhancement. A 24-inch diameter exfiltration pipe will retain all water falling in
the right-of way, increase percolation into the aquifer, and provide water quality
treatment.
Project Justification: Water quality enhancement and drainage improvements
(UE Obi. 3B.)
Fundin~ Source: Utility Capital Reserve account, including bond proceeds (2007)
Estimated Cost 2007/2008 2008/2009 2009/2010 201 0/2011 2011/2012
Design
Construction 1,050,000 1,485,000 I
Other I I
I
TOTAL 1,050,000 1,485,000 j
9-33
Project Name: Central Seacrest Corridor area; Project # 33
Project Location: West of Seacrest Blvd. Between Boynton Beach Blvd. And SE
15th Ave.
Project Description: Improve drainage system by installing piping, rebuilding
swales, and adjusting roadways as necessary.
Project Justification: Drainage and water quality improvements, coupled with
water main improvements.
(UE Obj. 3B.l)
Funding Source: Utility Capital Reserve account, including bond proceeds (2007
issue)
Estimated Project 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012
Cost
Design
Construction 500,000 650,000 3,150,000
Other
TOTAL 500,000 650,000 3,150,000
Project Name: Rolling Green area (NW 17th Ave); Project # 34
Project Location: West of Seacrest Blvd. in the vicinity of NW 17th Ave.
Project Description: Improve drainage system by installing piping, rebuilding
swales, and adjusting roadways as necessary.
Project Justification: Drainage and water quality improvements, coupled with
water main improvements.
(UE Obj. 3B.)
Funding Source: Utility Capital Reserve account, including bond proceeds (2007
issue)
Estimated Project 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012
Cost
Design
Construction 1,284,000
Other
TOTAL 1,284,000
9-34
Ordinance 07-023, revising the rate schedule for potable water and wastewater,
as well as capital facilities charges, is attached. The new rate schedule reflects the
determination that the revenue requirements for the potable water, wastewater
and stormwater will increase 6.5% for the fiscal year 2007/2008, and then
annually 5.5% through 2011/2012, the last fiscal year in the 5-year planning
period. The Water, Sewer and Stormwater Rate Study, with the revenue needs
analysis which provided the basis for rate revision, can be furnished upon
request.
Fiscal Year Revenues/ Projections
1999/2000 $1,933,236
2000/2001 $3,015,160
2001/ 2002 $1,628,992
2002/ 2003 $2,583,042
-
2003/2004 $3,550,998
2004/ 2005 $3,997,069
2005/ 2006 $3,429,763
2006/2007 $2,700,000 est.
2007/2008 $2,500,000
2008/2009 $2,500,000
2009/2010 $2,500,000
2010/ 2011 $2,500,000
2011/ 2012 $2,500,000
The table above presents historical trends and projections for capital facilities
charges. The projections are considered conservative; they are based on the
increased capital facilities charges (see attached Ordinance 07-023) and
significantly lower development activity forecasted for the planning period
under consideration. Moreover, full charges have not been collected from several
projects approved but not yet issued building permits.
9-35
The borrowing timetable has been set as follows to accommodate planned capital
improvements; the rate change schedule will make revenues available for debt service
over the 5-year period.
Type of 2007/2008 2008/2009 2009/ 2010 2010/2011 2011/ 2012
BondjDescription
Revenue bond; City
Commission approved
increased rate schedule
and capital facilities $27,000,000 $28,400,000 $14,000,000 $14,100,000
charges to ensure revenue
for debt service (Ord. 07-
023).
State revolving loan; City
Commission approved
increased rate schedule
and capital facilities $10,000,000 $4,000,000
charges to ensure revenue
fOT debt service (Ord. 07-
023)
9-36
CAPITAL IMPROVEMENT SCHEDULE: UTILITIES
SOURCES AND USES OF FUNDS
FUND 404: used for expansion-related projects. Includes capital facilities charges,
proceeds (those used for expansion projects onl )
Account Descri tion
and bond
Be innin Fund Balance
2007/2008
$33,300,469
Budget Year
2008/2009 2009/2010
$25,190,469
$13,676,969
2010/2011
$1,540,469
2011/2012
$2,064,469
Revenues
Interest Earnin s
Ca ital Facilities Char es
Grant Opportunities.. Alternative Water
Su ,SFWMD
Revenue Bonds
Total Revenues
$800,000
$2,500,000
$500,000 $300,000 $250,000 $225,000
$2,500.000 $2,500,000 $2,500,000 $2,500,000
$8,400,000 $14,000,000 $14,100,000
$3,000,000 $11,200,000 $16,750,000 $16.825,000
$9,013,500 $5,726,500 $5,200,000 $3,000,000
$1,110,000 $2.200,000
$5,513,500 $1,116,500
$3,500,000 $3,500,000 $3,000,000 $3,000,000
$5,500,000 $17,610,000 $11,026,000 $14,295,000
$5,500,000 $17,610,000 $11,026,000 $14,295,000
$16,226,000
$524,000
$2,064,469
$1,500,000
$4,800,000
Ex enditures
Ca ital Fac, Growth ro'ects
Mixed fundin ro ects
. All revenues are committed revenues. The City Commission approved Water, Sewer and Stormwater Rate Study and resulting increases in rates and capital facilities charges
(see Ordinance 07-023, attached), thus ensuring revenues to pay debt service on the bond to be issued. Projections for capital facilities charge revenues are based on approved
charge increases and on conservative projections given historical and current trends, The City has been awarded the SFWMD $1,500,000 grant.
. Interesteamings are estimated at a conservative rate and an assumption of a declining baiance,
FUND 403: used for Repair and Replacement (R&R) projects. Includes bond proceeds (those used for
R&R onl )
Account Descri tion
2007/2008
$12,912,120
Budget Year
2008/2009 2009/2010
$16,384,995 $1,748,005
2010/2011
$3,537,005
2011/2012
$858,995
Be innin Fund Balance
Revenues
Interest Earnin s
Transfer from 0 ratin
Grant Opportunities. Alternative Wate
Su I, SFWMD, Lake Worth La oon
Revenue Bonds
State Revolvin Loan
$200,000
$1,000,000
$420,000
$1,000,000
$325,000 $450,000 $350,000
$1,000,000 $1,000,000 $1,000,000
$20,000,000
$10,000,000 $4,000,000
$21,325,000 $11,450,000 $5,350,000
$750,000
$27,000,000
Total Revenues
$28,950,000
$1,420,000
Ex enditures
$6,538,000
$7,157.000
$5,295.000
$563,000
$12,602,000
$5,190,000
$5,259,000
$63,000
$3,797,000
$2,485,000
$709,000
$63,000
$1,812,000
$1,565,000
$1,777 000
$63,000
Mixed fundin ro'ects
$5,217.000
$133,000
Notes:
. All revenues are committed revenues, The City Commission approved Water, Sewer and Stormwater Rate Study and resulting increases in rates and capital facilities charges
(see Ordinance 07-023, attached), thus ensuring revenues to pay debt service on the bond to be issued, The approved Rate Study also accounted for revenue requirements for
debt service on the state loan. The City has been awarded the $750,000 grant.
. Recurring revenues include a budgeted transfer from operating revenues to reserves each year within the operating budget. This amount is established to be a minimum of
$1,000,000,
9-37
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COpy OF THE CURRENT CAPITAL IMPROVEMENTS ELEMENT
City of Boynton Beach
Capital Improvements Element
Goals, Objectives, and Policies
Sanitary Sewer
Goa19.A The City of Boynton Beach shall maintain adequate capacity for treatment and
disposal of wastewater, install and maintain adequate wastewater collection
and transmission facilities, take steps to minimize wastewater flows and urban
sprawl, and maintain sufficient and equitable financing to provide services for
the sanitary sewer system's customers.
Objective 9A.l Prevention of Urban Sprawl. Development and redevelopment will be
encouraged in areas presently served adequately by existing sanitary
Sel\rer facilities.
Policy 9A.l.l
Future development and redevelopment in the City shall take advantage of
existing sanitary sewer facilities, wherever possible.
Potable Water
Goal 9B The City of Boynton Beach shall maintain adequate potable water treatment
and distribution facilities.
Objective 9B.l The City shall take steps to minimize increases in demands and urban
sprawl, and maintain sufficient and equitable financing measures to
provide services to potable water system customers.
Policy 9B.l.1 Adequate and Efficient Distribution Facilities. The City of Boynton Beach
shall continue to provide distribution services to its potable water customers
that are adequate to meet flow levels projected in the City's Water Master
Plan.
Policy 9B.I.2 Water Conservation. The City of Boynton Beach will continue to minimize
demands for water to reduce system expansion costs and the need for
increased groundwater withdrawals.
Policy 9B.l.3 Equitable Financing of System Improvements and Operations. The City of
Boynton Beach shall continue to fund potable water system capital
improvements, replacement and rehabilitation, and operation and maintenance
costs such that costs are borne by system customers on the basis of the
cost-of-service.
City of Boynton Beach
School Concurrency Amendments
Amendments 0 1-SC 1
9-1
Date: December 18. 2001
Capital Improvements Element
Ordinance No" 01-61
Policy 9B.1.4
Prevention of Urban Sprawl. Development and redevelopment will continue
to be encouraged in areas adequately served by existing water transmission
and distribution facilities.
Parks
Goal 9C Provide adequate open space and recreational facilities and programs to meet
the needs of present and future residents, including seasonal visitors, and
special groups such as the elderly and handicapped.
Objective 9C.l By 2002, the City shall provide adequate automobile parking (excluding
mini parks), bike rack facilities, and handicap access to all existing and
planned, neighborhood and district parks operated by the City by the
Year 2000, where available space exists.
Policy 9C.l.l The City shall continue to provide adequate automobile parking and bike rack
facilities within all parks developed after the adoption of this Plan.
Policy 9C.1.2 By2002, the City shall provide parking and bike rack facilities within all
existing neighborhood and district parks. Facilities shall be monitored as part
of the on-going maintenance effort and deficiencies corrected within 18
months. Private sponsorship of bike racks will be explored if City funding is
inadequate.
Policy 9C.1.3 The City shall continue to examine the extent of barrier-free access within
neighborhood and district parks, and deficiencies will be addressed in a Plan
that sets the phasing and funding.
Policy 9C.1.4 The City shall amend the land development regulations to require that all
future parks, and applicable facilities, include barrier-free ADA design for the
handicapped to be retrofitted, if funds are available, three parks per year.
Policy 9C.1.5 The City shall provide, contingent upon County assistance or support, the
Palm Tran shuttle service for patrons of beach front parks.
Policy 9C.1.6 By 2002, the City will provide additional access to the Intercoastal Waterway.
Objective 9C.2 The City shall ensure additional public access to recreation sites by
providing parks and recreation facilities using, in part, current
population data and projections, summary/recommendations "D",
proposed park development schedule, Table #2-Neighborhood Park
Needs Analysis, Table #3-District Parks Needs and Analysis, and Table
#4-Facility Needs Analysis.
Policy 9C.2.1 The City shall adopt the Level of Service standard for Neighborhood Parks as
indicted in Table 2 and a LOS standard for District Parks of 2.5 acres per
1,000 persons (see Table 3 of the EAR). The City shall consider the level of
service advisory standards for recreation facilities set forth in Table 7. The
City of Boynton Beach
School Concurrency Amendments
Amendments 01-SC1
9-2
Date: December 18,2001
Capital Improvements Element
Ordinance No" 01-61
Policy 9C.2.2
Policy 9C.2.3
Policy 9C.2.4
Policy 9C.2.5
Policy 9C.2.6
Policy 9C.2.7
level of service in Table 7 shall be evaluated pursuant to the data and analysis
which is required for the Capital Improvements Element, pursuant to the
Stipulated Settlement Agreement between the City and the Florida Department
of Community Affairs. The following are advisory level of service standards
for recreation facilities, as indicated in Table 7 shown below"
Baseball/Soft. Youth - 1 per 15,000 persons,
Baseball, Reg, - 1 per 25,000 persons,
Basketball Courts - I per 3,000 persons,
Beach Frontage - 15 feet per 1,000 persons,
Boat Ramps - 1 per 8,000 persons,
Community Centers - I per 25,000 persons,
Fitness Trails - 10 stations per 10,000 persons,
Football/Soccer Fields - 1 per 40, 000 persons,
Golf - 1 per 30,000 persons,
Handball/Racq. Couns - i per 10,000 persons,
Picnic Areas - 1 per 6,000 persons,
Playgrounds - I per 4,000 persons,
Practice Fields - I per 10,000 persons,
Combination Fields - 1 per 10,000 persons,
Shuffleboard Courts - 1 per 2,500 persons,
Swimming Pools - I per 40,000 persons, and
Tennis Courts - I per 2,000 persons.
For areas to be annexed, which are platted,-developed, under development, or
have approved development plans in Palm Beach County, the level of service
at time of annexation shall be assumed to be that created by existing
neighborhood park facilities serving the area.
The City shall complete, or initiate, the development of facilities consistent
with Table 2 - Neighborhood Park Needs Analysis and Table 3 - District Park
Needs Analysis.
The City shall increase access to parks and recreation facilities by providing
lighting, or plan for the provision of lighting through project phasing, for all
future active-recreation facilities. The lighting design shall minimize impact
on adjacent residents and shall be compatible with adjacent property owners.
The City shall maintain, or increase, the existing level of activities that
comprise the City's contribution to the Community School Program.
By 2002, the City shall initiate development of strategic neighborhood plans
with parks as one component.
The City shall coordinate the design and development of future neighborhood
parks with private recreation facilities in the respective neighborhoods.
City of Boynton Beach
School Concurrency Amendments
Amendments 0 1-SC 1
9-3
Date: December 18,2001
Capital Improvements Element
Ordinance No. 01-61
Objective 9C.3 The City shall increase the proportion of residential developments that
provide private recreation areas, and require that future private
recreation areas are developed and equipped so as to be the equivalent of
a public neighborhood park.
Policy 9C.3.1 The City shall continue to enforce the Subdivision and Platting Regulations
which require that all residential developments that exceed 100 dwelling units
provide a private recreation area, unless however, public parks are located
within one-half mile from the project, which satisfies the 2.5 acre per 1000
residents LOS standard.
Policy 9C.3.2 The City shall continue to enforce specific criteria within the Subdivision and
Platting Regulations that guide the development and facilitation of private
park areas and/or private recreation facilities that are used to satisfy the
requirements for receiving 50% credit toward the public park dedication
requirement. The criteria shall require that the needs of residents are met in
accordance with standards contained in this element. A study shall be
conducted to determine the impact of this criteria, especially regarding the
type and size of amenities that can receive partial impact fee credit.
Policy 9C.3.3 The City shall continue to require that all residents of a Planned Unit
Development project have access to at least a portion of the private recreation
areas provided, unless similar public facilities are located within a one-half
-mile walking distance. A Planned Unit Development with private recreation
areas will qualify for a 50% credit against the required impact fee.
Policy 9C.3.4 The City shall continue to require the dedication of sufficient land for a
neighborhood park site at the time that the following properties are rezoned or
platted for residential use: Klatt Property, and the Sand & Sea Mobile Homes.
If the need for public park acreage is not indicated at the above mentioned
time, a fee shall substitute the dedication of land. Mandatory dedication is
required when the public park is greater than 0.5 miles away.
Policy 9C.3.5 The City shall continue to require a minimum of 6 acres per 1,000 population
park dedication, fees in lieu thereof equal to the value of the land to be
dedicated, or a combination of fees and land.
Policy 9C.3.6 The City shall continue to enforce regulations, which require the dedication of
lakefront park sites in residential developments. Such recreation areas adjacent
to water should be considered as minimum criteria for receipt of a 50% credit.
Objective 9C.4 The City shall provide public access to two native habitat sites for the
purpose of providing a nature study area by the year 2002 consistent with
the development schedule for seacrest scrub.
City of Boynton Beach
School Concurrency Amendments
Amendments 0 I-SC I
9-4
Date: December 18,2001
Capital Improvements Element
Ordinance No. 01-61
Policy 9C.4.1
In order to ensure the preservation of important natural areas and reservations,
the City shall, by 2002, identify scrub sites to be developed as a nature study
area and identify the appropriate public or private funding mechanism( s) or
source(s) appropriate for such a scrub preservation project.
Public School Facilities
Goal 9D To provide for future availability of public school facilities consistent with the
adopted level of service standard. This goal shall be accomplished recognizing
the constitutional obligation of the school district to provide a uniform system
of free public schools on a countywide basis.
Objective 9D.l To ensure that the capacity of schools is sufficient to support student
growth at the adopted level of service standard for each year of the five-
year planning period and through the long term planning period.
Policy 9D.1.1 The LOS standard is the school's utilization which is defined as the
enrollment as a percentage of school student capacity based upon the Florida
Inventory of School Houses (FISH). The level of service (LOS) standard shall
be established for all schools of each type within the School District as 110
percent utilization, unless the school is the subject of a School Capacity Study
(SCS) undertaken by the School District, working with the Technical
Advisory Group (TAG) which determines that a particular school can operate
in excess of 110% utilization. No school shall operate in excess of 120%
utilization. The SCS shall be required-if a school in the first student count of
the second semester reaches 108 % or higher capacity.
Policy 9D.l.2 The adopted LOS standard shall become applicable to the entire County at
such time as the School District has achieved the countywide adopted level of
service for all schools of each school type. In the interim, Table 1.1-1, of the
Public School Concurrency Element, establishes the tiered level of service
standards for each CSA by school type. Individual schools of each type may
exceed the Tiered LOS standards during the period in which Tiered LOS are
in effect. Each individual school exceeding the Tiered LOS during that time
shall not exceed the utilization standards for that school type as shown in the
Maximum Utilization Table of the Public School Concurrency Element (Table
1.1-2).
Goal9E To ensure the orderly and efficient prOVISIOn of all public services and
facilities necessary to serve existing and future local population needs.
Objective 9E.l To develop a comprehensive and coordinated funding strategy for the
implementation of existing or anticipated capital improvement needs as
identified in the adopted Capital Improvement Element, the local
Comprehensive Plan or through other local planning efforts.
City of Boynton Beach
School Concurrency Amendments
Amendments 0 I-SC 1
9-5
Date: December 18, 2001
Capital Improvements Element
Ordinance No" 01-61
Policy 9E.1.1 The City shall continue to maintain a local capital project review criteria
which, at a minimum, objectively prioritizes projects on the basis of
consistency with local comprehensive planning activities, cost feasibility and
effectiveness, relative magnitude and term of need, intergovernmental
commitments, the ability to take advantage of other jurisdictional capital
improvements, and overall budget impacts.
Policy 9E.1.2 The City shall continue to recognize that capital expenditures necessary to
maintain or improve existing facilities take precedent over expansion or
anticipated future facility needs.
Policy 9E.1.3 The City shall monitor and evaluate the Capital Improvements Element on an
annual basis and reaffirm the City's Capital Improvement Program in
conjunction with annual budget deliberations and adoption.
Policy 9E.1.4 The City shall maintain budget review procedures which recognize needs and
utilize priority criteria to fund capital improvement needs of the various
Comprehensive Plan Elements.
Policy 9E.I.5 The City shall annually update the Five Year Capital Improvements Program
and accompanying Capital Budget a..~d submit to t..~e Commission a finalized
Capital Improvements Program budget prior to January 1st of each calendar
year.
Policy 9E.-l.6 The Five Year Capital Improvements Program shall be consistent with the
data and analysis for the Capital Improvements which are required by the
Stipulated Settlement Agreement between the City and the Department of
Community Affairs.
Objective 9E.2 The City shall continue to require that development and redevelopment
proposals are approved conditioned upon existing service availability or
the programmed provision of additional services at the adopted level of
service standards and meet existing and future facility needs.
Policy 9E.2.1 The City shall maintain development review procedures and the land
development regulations ensuring that all development proposals are
consistent with the City's adopted level of service standards. Where
appropriate, these procedures and regulations shall provide for the timely
implementation of additional improvements. For public school facilities, the
applicant for a Development Order or Development Permit which includes
any residential component shall provide a determination of capacity by the
School District of Palm Beach County that the proposed development will
meet the public school facilities level of service. A determination by the
School District is not required for existing single family legal lots of record, in
accordance with the Public School Facilities Policy lOA. 1.8
City of Boynton Beach
School Concurrency Amendments
Amendments 0 1-SC 1
9-6
Date: December 18, 2001
Capital Improvements Element
Ordinance No. 01-61
Policy 9E.2.2
Policy 9E.2.3
Policy 9E.2.4
Policy 9E.2.5
The City shall condition the approval of proposed development or
redevelopment projects on the basis of project related service needs being
concurrently available at the adopted level of service standards specified in
Policy 9D.2.4.
The City shall allow for phasing of development-related infrastructure
improvements concurrently with project impacts on public facilities.
The Level of Service (LOS) for capital facilities shall be:
.
for sanitary sewer - 90 gallons per day per capita:
.
for potable water - 200 gallons MDF per capita peak population:
.
for solid waste - 7.2 pounds per capita per day with bi-weekly pickup:
.
for drainage - 3 Year design storm at watershed concentration time, (the
time required for water to flow from the hydraulically most remote point
in a basin to the basin outlet):
.
for drainage - Floor elevation above 100 Year storm (a minimum of six
inches above the crown of any abutting road):
.
Level of Service "C" or better under daily and peak hour conditions on all
unspecified City local and collector highway facilities.
.
Level of Service "C" for average daily and Level of Service "D" for daily
peak season and year-round peak hour conditions on all non-specified
arterial facilities.
.
Level of Service "D" for year round daily and peak hour conditions on
Seacrest Boulevard south of SE 23rd Avenue, US 1 between Boynton
Beach Boulevard and Woolbright Road, 1-95 through the City, Boynton
Beach Boulevard from Old Boynton Road to 1-95, NW 22nd Avenue
between Congress Avenue and 1-95, Congress Avenue between Boynton
Beach Boulevard and NW 22nd Avenue and for Boynton Beach Boulevard
east ofI-95.
.
Level of Service - "Maintain" for all facilities where Level of Service
standards have been exceeded.
Capital improvements shall not be made which are inconsistent with the
development and redevelopment policies concerning the coastal high-hazard
area. Capital improvements which reduce or eliminate existing public hazards
shall be given priority as part of the annual and five-year evaluation of capital
improvements projects. Capital improvements related to water and sewer
City of Boynton Beach
School Concurrency Amendments
Amendments 01-SC1
9-7
Date: December 18, 2001
Capita1lmprovements Element
Ordinance No. 01-61
service shall be based upon the assumption that all land within the utility
service areas will eventually be developed for urban land uses served by
central water and sewer systems.
Capital improvements related to parks, recreational facilities, roads, drainage,
and solid waste shall be based upon the assumption that all land east of
Lawrence Road will eventually be annexed into the City and will be developed
for urban land uses.
All development orders and permits shall require evaluation either by the
applicant or by City staff to determine whether public facilities are available
concurrent with the impacts of development. For minor projects and
development of individual lots which are vested, this concurrency evaluation
may be done on a cumulative basis at least once per year.
All community redevelopmeni plans adopted by the City Commission shall
include an evaluation of public facilities which serve the redevelopment area
to determine whether the levels of service contained in the Plan are met, and
to examine sources of funding for any necessary capital improvements related
to these public facilities.
Policy 9E.2.6
The City shall continue to coordinate capital improvement projects with plans
of agencies that provide public facilities within the City as follows:
Boynton (C-16) Canal:
In particular, the findings and recommendations concerning the primary
drainage facilities shall be coordinated with the South Florida Water
Management District and Lake Worth Drainage District. as a part of the
creation of this master plan.
The City's drainage master plan shall be coordinated with the drainage studies
which will be conducted by the Lake Worth Drainage District.
Intracoastal Waterway:
The design of public facilities which are over, adjacent to, or in Lake Worth or
the Intracoastal Waterway shall comply with the requirements of the inland
Navigation District and the Army Corps of Engineers.
State Highways (Interstate 95, Boynton Beach Boulevard, U.S. Highway 1,
State Road AlA) and the City's Future Traffic Circulation Plan (Table 20 of
the Traffic Circulation Element Support Documents) shall incorporate all of
the improvements to state highways which are listed in the Palm Beach
County Transportation Improvement Program, and all of the improvements
listed in The Florida Department of Transportation 5- Y ear Transportation
Improvement Program. The City shall continue to require improvements by
developers and/or payment of impact fees, in order to maintain the adopted
City of Boynton Beach
School Concurrency Amendments
Amendments Ol-SCI
9-8
Date: December 18,2001
Capital Improvements Element
Ordinance No. 01-61
levels of service on state highways, and shall require the dedication of the
necessary right-of-way for state highways. Furthermore, the City shall
continue to lobby Palm Beach County, the County Metropolitan Planning
Organization, and the Florida Department of Transportation in order to ensure
funding and construction of needed improvements to state highways.
Public School Facilities.
The City of Boynton Beach shall provide the School District with annual
information needed to maintain school concurrency, including information
required for the School District to establish:
1. School siting criteria;
2. Level of service update and maintenance;
3. Joint approval of the public school capital facilities program;
4. Concurrncy service area criteria and standards; and
5. School utilization.
Policy 9E.2. 7
Priorities for replacement, correcting existing deficiencies, and providing for
future needs shall be made according to need. The need shall be determined by
the City Council after recommendation by the Local Planning Agency. The list
of priorities shall be reflected in the Capital Improvements Element such that
the improvements needed first shall be implemented first. Issues relat.ed t.o
public health shall receive first priority, issues related to providing the adopted
level of service shall receive second priority, and all other additional issues
shall be implemented as needed to maintain operational efficiency in the City.
Policy 9E.2.8
The City shall maintain levels of service for public facilities. Land
development orders and permits shall be:
1. conditioned upon the availability of public services,
2. shall meet or exceed adopted level of service standards, and
3. shall be consistent with the data and analysis for the Capital
Improvement Element which is required by the stipulated settlement
agreement between the City and the Department of Community Affairs.
Objective 9E.3 The City shall continue to provide that private developers participate on
a proportionate share basis in any facility improvement costs necessary to
maintain level of service standards.
Policy 9E.3.1 The City shall continue to require the performance bonding of project related
utility or traffic circulation improvements necessary to accommodate the
development of vacant parcels or substantial redevelopment of existing
properties.
Policy 9E.3.2 The City shall continue with the preference for the actual construction of
adjacent site road improvements in lieu of impact fee payments.
City of Boynton Beach
School Concurrency Amendments
Amendments OI-SCl
9-9
Date: December 18, 2001
Capital Improvements Element
Ordinance No. 01-61
Policy 9E.3.3 The City shall continue to enforce the land development regulations process
for assessing new development on a pro rata share of the costs necessary to
finance public facility improvements in order to maintain the adopted level of
service standards specified in Policy 9D.2A.
Objective 9E.4 Maintain a capital program that can be adequately accommodated by
projected revenues or other financial resources.
Policy 9EA.1 Capital Improvements shall be financed, and debt shall be managed, as
follows:
1. Public facilities financed by enterprise funds (i.e., utilities, potable water,
sanitary sewer, solid waste, and golf course) shall be financed by:
a. Debt to be repaid by user fees and charges for enterprise service; or
b. Current assets (i.e., reserves, surpluses, and current revenue,
including transfers); or
c. A combination of debt and current assets.
2. Public facilities which are financed by non-enterprise funds (i.e., roads,
stormwater management, parks, library, fire service, police protection, and
government buildings) shall be financed from current assets: Revenue,
equity and/or debt. Specific financing of specific capital projects shall
consider which asset, or group of assets, will be most cost effective,
consistent with prudent asset and liability management, appropriate to the
useful life of the project(s) to be financed, and efficient use of the local
government's debt capacity.
Policy 9EA.2
The City of Boynton Beach shall maintain 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.
Policy 9EA.3
Where feasible, the City's Capital Program shall recognize specific funding
sources for specific projects or project categories.
Policy 9EA.4
The City will continue to maintain levels of service for public facilities and
other comprehensive plan goals, objectives, and policies to be consistent with
the data and analysis for the Capital Improvements Element as required by the
Stipulated Settlement Agreement between the City and the Department of
Community Affairs.
City of Boynton Beach
School Concurrency Amendments
Amendments 01-SC1
9-10
Date: December 18, 2001
Capital Improvements Element
Ordinance No. 01-61
Objective 9E.5 The City will continue to utilize procedures for providing funding for
capital improvements that can be adequately accommodated by projected
revenues or other financial resources and provide for the public facility
needs required by previously issued development orders or future
development approvals.
Policy 9E.5.1 The City shall maintain an inventory of projects with development orders
which were issued prior to Plan adoption and itemize the public facility needs
of each.
Policy 9E.5.2 The following rules shall apply with respect to the vesting of land
development orders and permits, insofar as compliance with Comprehensive
Plan Goals, Objectives, and Policies and the provision of public facilities
which meet the adopted levels of service are concerned:
A land development order or permit shall be construed to be vested with
respect to compliance with the Comprehensive Plan Goals, Objectives, and
Policies, and the provision of public facilities which meet the adopted levels
of services if it meets anyone of the criteria set forth under (a), (b), or (c)
below:
a. A Development of Regional Impact development order has been issued
prior to the date of adoption of the Comprehensive Plan or the City has
issued a final local development order and development has commenced
and is continuing in good faith. The definition of development shall be that
contained in Section 380.04, Florida Statutes.
b. A development order or permit has been issued which meets anyone of
the criteria set forth under (1), (2), or (3) below:
I. For development orders and permits for which a building permit only
is required, and site plan approval and/or platting is not required: The
development order or permit is for the construction of a single-family
detached or duplex dwelling or addition to same, or conversion of a
single-family dwelling to a duplex, on platted lots within subdivisions
which were recorded prior to January 13, 1978.
2. For development orders or permits for which site plan (which includes
conditional use) approval is required and a building permit is required,
but platting is not required: Construction of improvements on a parcel
in accordance with a site plan (or conditional use) which has been
approved for the parcel, and such approval, or any time extensions
thereto, occurred prior to the date of plan adoption. Such projects shall
be vested until site plan approval or the last time extension for same
lapses, including any revisions submitted during this time which do not
increase the demand for public facilities compared to the original
City of Boynton Beach
School Concurrency Amendments
Amendments 0 I-SC 1
9-11
Date: December 18,2001
Capital Improvements Element
Ordinance No" 01-61
project. Approval of any revisions shall lapse, however, when original
site plan approval or last time extension lapses. Such projects shall be
vested for future time extensions or for revisions that are submitted
after the site plan approval or last time extension lapses, or for any
revisions to the extent that the demand for public utilities would be
increased. A site plan shall be construed to have lapsed if an
application for building permit for the project is not submitted within
one (1) year of the date of the approval of the site plan.
3. For development orders or permits for which both platting and a
building permit are required, or for which platting, site plan approval,
and a building permit is required, the following shall be vested:
All development orders and permits within a subdivision for which the
master plan was approved or time extension for same was approved
prior to the date of Comprehensive Plan adoption, until the subdivision
master plan approval or the last time extension lapses, including any
revisions submitted during this time which do not increase the demand
for public facilities compared to the original project. Approval of any
revision shall lapse, however, when the original master plan or last
time extension lapses. A project shall not be vested for future time
extensions or for revisions that are submitted after the subdivision
master plan or last time extension lapses, for any revisions to the
extent that the demand for public facilities increases. A subdivision
-master plan shall be construed to have lapsed if a preliminary plat for
the first phase of the project is not submitted within 18 months of the
date of master plan approval, or the final plat for the first phase of the
project has not been submitted within 1 year of the date of approval of
the preliminary plat, or construction of the required improvements for
the plat of the first phase of the project has not commenced within 1
year of the date that the plat is recorded.
c. Projects which were the subjects of court orders regarding land use,
zoning, planning, use or development of a parcel. Development orders or
permits which are the subject of or required by such court orders shall be
construed to be vested for as long as the court order remains in effect.
The City may adopt more restrictive criteria for vesting with respect to (a) and
(b) above, in its code of ordinances, or concurrency management system, but
shall not adopt less restrictive criteria for vesting.
Policy 9E.5.3
The City shall maintain a maximum debt capacity in constant dollars based on
establishment of the proper debt service ratio prior to June, 1990.
Policy 9E.5.4
The City shall continue to enforce in its Concurrency Management Ordinance,
the provisions which address and ensure the availability of public facilities to
City of Boynton Beach
School Concurrency Amendments
Amendments 01-SC1
9-12
Date: December 18, 2001
Capital Improvements Element
Ordinance No. 01-61
serve development projects for which development orders were issued prior to
the effective date of the City's Concurrency Management Ordinance, as
follows ("exempt" projects shall be defined as those projects which are not
required to demonstrate that concurrency requirements have been met, in order
to proceed):
a. Potable Water
Populations of exempt proj ects shall be taken into account in determining
whether level of service would be met for new projects and projects which
are not exempt. New projects or projects which are not exempt shall not be
such approved or permitted if such approval or permitting would cause the
level of service not to be met.
b Sanitary Sewer
Populations of exempt proj ects shall be taken into account in determining
whether the level of service would be met for new projects and projects
which are not vested. New projects or projects which are not exempt shall
not be approved or permitted if such approval or permitting would cause
the level of service not to be met.
c. Drainage
Demand for drainage facilities which would be created by exempt projects
shall be taken into account in determining whether the level of service
would be met for new projects and projects which are not vested. New
projects or projects which are not exempt shall not be approved or
permitted if such approval or permitting would cause the level of service
not to be met. Exempt projects shall be required to comply with any
drainage requirements of the South Florida Water Management District,
Lake Worth Drainage District, and City which were in effect at the time
the project was approved.
d. Solid Waste
Populations of exempt projects shall be used in determining whether the
level of service would be met for new projects and projects which are not
exempt. New projects or projects which are not exempt shall not be
approved or permitted if such approval or permitting would cause the level
of service not to be met.
e. Recreation Facilities
Populations of exempt projects shall be taken into account in determining
whether the level of service would be met for new projects and projects
City of Boynton Beach
School Concurrency Amendments
Amendments 01-SCl
9-13
Date: December 18, 2001
Capital Improvements Element
Ordinance No" 01-61
which are not exempt. New projects or projects which are not exempt shall
not be approved or permitted if such approval or permitting would cause
the level of service not to be met. Existing or approved private recreation
facilities serving exempt residential projects shall not be reduced in
number and/or size below the adopted levels of service for such facilities.
f. District Park Acreage
Populations of exempt proj ects shall be taken into account in determining
whether the level of service would be met for new projects and projects
which are not vested. New projects or projects which are not exempt shall
not be approved or permitted if such approval or permitting would cause
the level of service not to be met.
g. Neighborhood Park Acreage
1. For Projects in the City:
For existing or exempt project which have 2 or more private
recreational facilities which service the project, neighborhood park
facilities shall be considered to have been provided, and the
number and/or size of these recreation facilities shall not be
reduced below the adopted levels of service for such facilities.
Existing or approved recreation areas or parks serving exempt
residential projects shall not be reduced below the adopted levels
of service for neighborhood parks.
2. For neighborhoods and projects which do not meet the criteria set
forth in paragraph (1) above, populations of exempt projects shall
be used in determining whether the level of service would be met
for new projects and projects which are not exempt. New projects
or projects which are not exempt shall not be approved or
permitted if such approval or permitting would cause the level of
service not to be met. However, any project for which
neighborhood park and recreation facilities are provided in
accordance with Policy 5.5.1 shall be construed to not affect the
availability of neighborhood park and recreation facilities for any
other projects.
3. For Annexed Areas and Projects:
For areas which are platted, developed, under construction, or have
development plans which have been approved by Palm Beach
County, and are subsequently annexed, neighborhood parks shall
be those which were provided or required by Palm Beach County.
Existing or approved recreation areas or parks serving exempt
City of Boynton Beach
SchoolConcurrencyAJnendmen~
AJnendments OI-SCl
9-14
Date: December 18,2001
Capital Improvements Element
Ordinance No. 01-61
residential projects shall not be reduced below the adopted levels
of service for neighborhood parks.
h. Roads
Traffic generation from exempt projects shall be used in calculating
background traffic for new projects and projects which are not exempt, in
accordance with the Palm Beach County Traffic Performance Standards
Ordinance. Road improvements and road impact fees which were required
as a condition of the approval for exempt projects shall continue to be
required.
Objective 9E.6 Use the Capital Improvements Element as a means to meet the needs of
the City for the construction of capital facilities to meet existing
deficiencies, to accommodate desired future growth and to replace
obsolete or worn-out facilities.
Policy 9E.6.1 The Capital Improvements Program will be reviewed annually to meet the
needs of the City.
Policy 9E.6.2 The City shall enforce the concurrency management system to ensure that
public facilities and services needed to maintain adopted levels of service
standards are available concurrent with the impacts of development. The
concurrency management system shall follow the guidelines and meet the
requirements established in Rule 9J-5.0055, F.A.C.
Objective 9E.7 The City shall establish formal procedures to limit public expenditures
that subsidize development in the coastal high-hazard area.
Policy 9E.7.1 The City shall continue to enforce the policy that limits subsidizing
development in the coastal high hazard area defined as the barrier island and
all areas within two blocks of the Atlantic Intracoastal Waterway between
Northlake Boulevard and the Broward County Line by formulating a
Post-Disaster Redevelopment Plan that address the extent of rebuilding after a
major storm event. The purpose of the Plan would be to identify any areas of
the coastal high hazard area that would be restricted or developed in an
alternative manner. The Post-Disaster Redevelopment Plan should be
completed prior to the Five Year Comprehensive Plan update.
City of Boynton Beach
School Concurrency Amendments
Amendments 0 I-SC 1
9-15
Date: December 18, 2001
Capital Improvements Element
Ordinance No. 0]-61
AVAILABILITY OF SOLID WASTE DISPOSAL CAPACITY
January 17, 2007
Mr. Kurt Bressner
City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33435-0310
YOUR PARTNER FOR
SOLlU WASTE SOUTIOI'S
Subject: Availability of Solid Waste Disposal Capacity
Dear Mr. Bressner:
The Solid Waste Authority of Palm Beach County hereby provides certification that the Authority
has disposal capacity available to accommodate the solid waste generation for the municipalities and
unincorporated county for the coming year of 2007. This letter also constitutes notification of
sufficient capacity for concurrency management and comprehensive planning purposes. Capacity is
available for both the coming year, and the five and ten year planning periods specified in 9J-5,005(4)"
As of September 30,2006, the Authority's North County Landfills had an estimated 35,026,315
cubic yards of landfill capacity remaining. Based upon the existing Palm Beach County population, the
most recently available population growth rates published by the University of Florida Bureau of
Economic and Business and Research (BEBR), medium projection, and projected rates of solid waste
generation, waste reduction and recycling, the Solid Waste Authority forecasts that capacity will be
available at the existing landfill through approximately the year 2021, assuming the depletion of the
Class I and Class ill landfills is approximately balanced.
The Board of the Solid Waste Authority authorized the initial design and permitting efforts to
develop a new landfill on 1600 "acres owned by the Authority. The capacity of this new landfill facility
will extend the life of the solid waste system beyond the year 2065.
The Authority continues to pursue options to increase the life of its existing facilities and to provide
for all the County's current and future disposal and recycling needs. As part of its responsibility, the
Authority will provide an annual statement of disposal capacity, using the most current BEBR
projections available. Please provide copies of this letter to your plan review and concurrency
management staff. If you have any questions or I can be of further assistance, please do not hesitate to
contact me.
Very truly yours,
tJ~C~
Marc C. Bruner, Ph.D.
Director of Planning and Environmental Programs
i'\ ,. ,.. ,-
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7501 North Jog Road, West Palm Beach, Florida 33412 (561) 640-4000 FAX (561) 640-3400
PALM BEACH COUNTY COMPREHENSIVE PLAN: MITIGATION
MEASURES FOR BOYNTON BEACH CRALLS
a. Atlantic Avenue from SR 7 to Lyons Road
2-Way Peak Hour Level of Service standard 2,100
b. Atlantic Avenue from Lyons Road to Starkey Road
2-Way Peak Hour Level of Service standard 3,200
c. Atlantic Avenue from Florida's Turnpike to Hagen Ranch Road
2-Way Peak Hour Level of Service standard 4,700
d. Atlantic Avenue from Hagen Ranch Road to Jog Road
2-Way Peak Hour Level of Service standard 4,700
One of the projects utilizing this CRALLS is Kenco Communities development on
Brookside Nursery property, and adjacent properties that are part of the same
development order, as part of the land swap with Palm Beach County for the
Delray Holdings 282 piOperty on SR 7. As a mitigating factor for this CRALLS,
this developer shall participate in the land swap for the purpose of reducing
vehicle-miles traveled on SR7 and Lyons Road. In case the land swap does not
materialize, as a mitigation for this CRALLS, the project must enter into a funding
agreement to the satisfaction of County Engineer, to pay for the construction of
the 6-laning of West Atlantic Avenue from Florida's Turnpike to Jog Road and the
4-laning of West Atlantic Avenue from Lyons Road to Starkey Road.
The temporary CRALLS is also available for the benefit of developments already
approved on the Appolonia, Dubois, Montage, Terra Nova PUD, Terra Nova
MUPD, Tivoli Isles, Atlantic Commons, Delray TMD, and Mizner Country Club
properties as well as for the Hyder PUD development which has already been
approved for concurrency but has not yet received a development order. As a
mitigation for this CRALLS, any of the above-referenced developments utilizing
this CRALLS, must enter into a funding agreement to the satisfaction of County
Engineer, to pay for the construction of the 6-laning of West Atlantic Avenue from
Florida's Turnpike to Jog Road and the 4-laning of West Atlantic Avenue from
Lyons Road to Starkey Road.
The temporary CRALLS shall expire on December 31,2012.
36. The following roadway segment and intersections are hereby designated as a
CRALLS facility:
a. Old Boynton Road from spine road to Boynton Beach Boulevard
Peak Hour Standard: 1,656
b. Intersection of Congress Avenue and Gateway Boulevard
Critical Sum: 1 ,498
c. Intersection of Congress Avenue and Old Boynton Road
Critical Sum: 1,744
Commencing in June, 2007 the City shall prepare and submit an annual report
that monitors traffic volumes on the affected roadway link and intersections, and
provides a status report on compliance with all of the mitigation measures
Palm Beach County
Revised 11/27/06
Page 34 - TE
1 989 Comprehensive Plan
Ordinances 2006-57 & 58
identified in this policy. Should any of the mitigation measures for the
Congress/Old Boynton CRALLS not be satisfactorily completed, it shall be
deemed that the City is in violation of the provisions of the CRALLS and no
further building permits requiring the CRALLS for concurrency shall be issued.
Mitigation Measures to be implemented in conjunction with this CRALLS include
the following:
1) Within three (3) years of adoption of this CRALLS, a Palm Tran Route
and/or City Trolley route serving the Boynton Town Center and Boynton
Village (Winchester Property) Developments with connections to the
Congress/Old Boynton area (connects to Mall, Downtown and Tri-Rail
station) shall be initiated. Should a Palm Tran route not be in place, the
City must operate a trolley service for a minimum of 2 years after
issuance of certificates of occupancy for 95% of the gross square footage
on the Boynton Town Center and Boynton Village (Winchester Property);
but after said 2-year period, if the trolley service operates with low
ridership or excessive costs, the City may petition the County Engineer to
eliminate said obligation.
2) CRALLS Mitigation Measures to be implemented by all developments
utilizing this CRALLS (including Boynton Town Center and Boynton
Village - Winchester Property), and to be included in all new concurrency
approvals and Development Order (D.O.) conditions for those
developments proposing more than 10 dwelling units and utilizing this
CRALLS to set aside at least 10% of their development for occupancy by
very low income (less than or equal to 50% of the County's median
annual aajusted gross income) households and low income (more than
50% but less than or equal to 80% percent of the County's median annual
adjusted gross income) households, and 10% for moderate income (more
than 80% but less than or equal to 120% percent of the County's median
annual adjusted gross income) households. Units meeting this
requirement shall include no more than 40% renter occupied units for low
income and very low income households and no more than 30% renter
occupied units for moderate income households. The remaining units
must be owner occupied. The renter occupied units must continue to be
attainable for a period of at least 20 years, and the owner occupied units
must continue to be attainable for a period of at least 10 years.
Attainability shall be assured through deed restrictions on these
properties.
However, as an alternative to the above requirement, the Boynton Town
Center and Boynton Village (Winchester Property) may choose to
contribute a fee in-lieu amounting to $750,000. Any other development
with a residential component may also choose to contribute a fee in-lieu
of units. The sum amount of this fee shall be established by the City
Commission and Board of County Commissioners, and it shall be paid to
the City of Boynton Beach's affordable housing program(s) to finance
land acquisition, homeowner assistance, or other actions to further the
City's affordable housing objectives as specified in the City of Boynton
Beach Comprehensive Plan.
Palm Beach County
Revised 11/27/06
Page 35 - TE
1989 Comprehensive Plan
Ordinances 2006-57 & 58
3) All developments (including Boynton Town Center and Boynton Village -
Winchester Property) will provide an additional contribution above the
established road impact fee to help cover some of the funding shortfall for
the various transportation related improvements, at 0.5 times the
applicable impact fee to be used towards off-site roadway improvements.
This contribution shall be payable upon issuance of each building permit.
Impact fee credits may be applied to this contribution.
4) Other CRALLS Mitigation Measures to be implemented by the Boynton
Town Center and Boynton Village (Winchester Property), in order to
utilize this CRALLS, include the following:
a) Prior to issuance of building permits that generate more than 733
new external PM peak hour trips per County Engineer's
determination for the Property, contracts shall be let for:
1. Construction of spine road from Gateway Boulevard to Old
Boynton Road.
2. Construction of pathway within Greenway along C-16 and
E-4 canals.
b) A letter of credit shall be posted with the City for 110% of an
engineer's cost estimate for the widening projects prior to the first
building permit for the Boynton Town Center and Boynton Village
(Winchester Property), and prior to issuance of building permits
that generate more than 963 new external PM peak hour trips per
County Engineer's determination for the Boynton Town Center
and Boynton Village (Winchester Property), contracts shall be let
for:
1. Construction of 5-lane Old Boynton Road from Congress
Avenue to spine road, with appropriate transition to 3-lane
section east of spine road.
2. Construction of 3-lane Old Boynton Road from spine road
to Boynton Beach Boulevard. As part of this construction,
the Boynton Town Center and Boynton Village (Winchester
Property) at its own cost must offer all homeowners, where
geometrically feasible, to install circular driveways or 'T
turn arounds.
c) A letter of credit shall be posted with the City for 110% of an
engineer's cost estimate for the widening project prior to issuance
of the first building permit, and within twelve months of the first
building permit a contract shall be let for this widening of Gateway
Blvd to 6 lanes from Congress Ave to High Ridge Rd including the
required intersection improvements at the intersection of Gateway
and Congress Avenue (with the exception of southbound right turn
lane). The Boynton Town Center and Boynton Village
(Winchester Property) Developments shall be entitled to County
road impact fee credits for this improvement.
d) The Property must:
1. Provide Multiple Uses and Mixed Use Structures.
Palm Beach County
Revised 11/27/06
Page 36 - TE
1989 Comprehensive Plan
Ordinances 2006-57 & 58
2. Unify residential and non-residential land uses through
driveway locations and pathways.
3. Allow Home Businesses and Live-Work Units.
4. Provide a minimum of 30% density/intensity reduction from
the approved comprehensive Plan.
5. Introduce Non-Vehicular Corridor (bike lane/path) Along
spine road.
6. Dedicate a local City Park within the property.
e) At time of project platting:
1. Provide easement (as required by PalmTran) for bus
stop/shelter on the Property.
f) A letter of credit shall be posted with the City prior to the first
building permit for the Property, and prior to issuance of building
permits that generate more than 733 new external PM peak hour
trips per County Engineer's determination for the Property,
contracts shall be let for the following Intersection improvements:
1. Raised median divider on West approach of Old Boynton
Rd and Congress Avenue intersection, if geometrically
feasible as determined by the County Engineer.
2. Extended storage length of northbound left turn at Boynton
Beach Blvd and Congress Avenue, if geometrically feasible
as determined by the County Engineer. "
g) A letter of credit shall be posted with the County for 110% of an
engineer's cost estimate for the improvement prior to the first
building permit for the Property for traffic signal installation at
spine road/Old Boynton Road, said traffic signal shall be installed
if warranted by the County Engineer.
37. The following roadway segment is hereby designated as a temporary CRALLS
facility exclusively for the purposes of developments conditioned on widening of
Congress Avenue.
a.
Congress Avenue from Lantana Rd
divided facility
A.M. Two-Way Peak Hour Standard
P.M. Two-Way Peak Hour Standard
to Melaleuca Lane as a 4 lane
4175 vehicles per hour
4256 vehicles per hour
CRALLS Mitigation Measures to be implemented in conjunction with this
CRALLS include the following:
1) The County will move forward with the construction of the six (6) lane
widening of Congress Avenue from Lantana Road to Melaleuca Lane.
This CRALLS shall no longer be in effect after December 31, 2008 or at the
commencement of construction of 6 lanes on Congress Avenue between
Lantana Road and Melaleuca Lane, whichever comes first.
Palm Beach County
Revised 11/27/06
Page 37 - TE
1 989 Comprehensive Plan
Ordinances 2006-57 & 58
COpy OF ORDINANCE 07-023, AMENDING RATE SCHEDULE
FOR UTILITY SERVICES
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ORDINANCE NO. 07- O~ :3
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING CHAPTER 26, WATER, SEWERS AND
CITY UTILITIES, AMENDING SECTION 26-9,
REVISING THE RATE SCHEDULE FOR POTABLE
WATER AND WASTEWATER; AMENDING SECTION
26-34, REVISING THE CAPITAL FACILITIES
CHARGE IMPOSED; AND PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS, at the direction of the City Commission of the City"of Boynton Beach,
in 2005 the City's utility system consulting engineers, CH2M Hill Consulting Engineers,
conducted a study on water and sewer rates necessary in order for the City to provide the
17 desired level of services ("Study"); and
18 WHEREAS, based on their review of the Study and the potable water, wastewater
19 and stortnwater systems and the capital facilities charges, City staff recommends
20 modifications to Chapter 26, Water, Sewers and City Utilities, of the Code of Ordinances;
21 and
22 " WHEREAS, the provisions of Section 180.136, Florida Statutes, requiring notice of
23 proposed increase to any rate, charge or fee for water or sewer utility service, have been
24 satisfied, as the required ~otice has been furnished to each utility customer through the City's
25 regular billing process; and
26 WHEREAS, the City Commission of the City of Boynton Beach has determined that
27 the revenue requirement for the City's potable water, wastewater and stormwater systems will
28 increase 6.5% for FY 2008 and then 5.5% annually through 2012; and
29 WHEREAS, in order to ensure that the projected requirement increases are covered,
adjustments for potable water and wastewater rates and capital facilities are necessary; and
2 WHEREAS, the City Commission of the City of Boynton Beach, based upon the
3 justification provided by the City's utility system consulting engineer in a report to the City
4 Commission in May 2007, and by City staff, deems it to be in the best interests of the citizens
5 and residents of the City to amend Chapter 26, Water, Sewers and City Utilities, of the City
6 of Boynton Beach Code of Ordinances to provide for these necessary changes;
7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
8 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
9
Section 1.
Each Whereas clause set forth above IS true and correct and
10 incorporated herein by this reference.
11
Section 2.
That Chapter 26, Article I, Section 26-9, entitled Water and
12 wastewater rates and charges, is hereby amended in part by deleting Schedule I, Potable
13 Water Rates, and replacing the same with a new Schedule I, Potable Water Rates, as follows:
14
15
Sec. 26-9. Water and wastewater rates and charges.
16
17
18
19
20
21
22
23
24
The monthly rates and charges for water and wastewater shall be as
set forth in the five-year schedules in this section. Such rates shall become
effective on October 1 sl of each of the fiscal years indicated and shall not be
prorated:
SCHEDULE 1. POTABLE WATER RATES
I-nsidt: Cit)"
Outside CiO.
o 9,000
$1.15 per thousand
$1. -14 per thousand
Qallons
2
t I
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. ~=:~ por IhoHOOfla
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(b)(b) Commercial Rages:
J('8nthly ..~tB.bk Inside City O<<tside City
wv TT__" ._
..... r_ :.. "'n ^^ d, -,;;-,^ ^^ ;-;-
.".
o 9,000 $1.15 per thousand $1. 44 per thOl'lSal1d
.. .. .. ..
9,000 30,000 $1.96 per thousand $2. 4 5 per thousand
._- ,. ". gallons __ 11_
u
Over 30,000 $2.75 per thousand $3. 44 per thousand
.. 11 ..
4
5 (a) Residential and Commercial rates inside city:
6
Fiscal Base Facility Base Facility 0-9,000 9,001- 30,001- Over
Year Charge Charge gallons/ 30,000 50,000 50,000
(Residential) (Commercial month * gallons/ gallons/ gallons/
) - month* month * month *
2007- $4.40 $8.80 $1.16 $2.07 $2.75 $3.39
08
2008- 4.84 9.68 1.27 2.27 3.03 3.73
09
2009- 5.23 10.45 1.37 2.45 3.27 4.03
10
2010- 5.44 10.87 1.43 2.55 3.40 4.19
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2011- 5.44 10.87 1.43 2.55 3.40 4.19
12
7
8 (b) Residential and Commercial rates outside city:
9
Fiscal Base Facility Base Facility 0-9,000 9,001- 30,001- Over
Year Charge Charge gallons/ 30,000 50,000 50,000
(Residential) (Commercial month* gallons/ gallons/ gallons/
) month* month* month*
2007- $5.50 $11. 00 $1.44 $2.58 $3.44 $4.24
08
2008- 6.05 12.10 1.59 2.84 3.78 4.67
09
3
2009- 6.53 13.07 1.72 3.07 4.08 5.04
10
2010- 6.80 13.59 1.78 3.19 4.25 5.24
11 i
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2011- 6.80 13.59 1.78 3.19 4.25 ---j
5.24 I
12
1
2
3
*Represents monthly usage rates per thousand gallons
4 Section 3.
That Chapter 26, Article I, Section 26-9, entitled Water and wastewater rates
5 and charges, is hereby amended in part by deleting Schedule IT, Wastewater Rates, and
6 replacing the same with a new Schedule II, Wastewater Rates, as follows:
7
8
SCHEDULE ll. W ASTEW A TER RATES
(a). Residential and commereial rr~:=~~~~)~
I f'isea.l , Base bornmodity Rate
I Rate If No \Vater
Dollars Per ThoHsand Metef i
Gallons
1990 91 P:9-+ ~ $16.~5 i
1991 92 &#) -h% +f..:4&
1992 93 9M +M ~-
1993 94 ~ -!M ~
1994 95 ~ -!M ~
9
/\..\ - . . .I . 1 . . ":~"
~
~ Base Commodity Rate Rate If No '1/ ater I
Dollars Per Thousand Metef
Gallons i
1 990 91 ~ ~ $20.55 1
1991 92 -l4&e h+G ~ i
I
1992 93 ++-:-+e +M ~ !
1993 94 ~ -h9J U{H- i
199~ 95 ~ -h9J U{H- I
10
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12
(a) Residential and commercial rates inside city:
Fiscal Base Commodity Rate Rate If No Water I
Dollars Per Thousand Meter
Gallons i
2007 -08 $11.14 $1.69 $23.00
2008-09 12.03 1.83 24.84
2009-10 12.52 1.90 25.83
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2010-11 12.77 1.94 26.35
2011-12 12.96 1.97 26.75
(b) Residential and commercial rates outside city:
4
5
Fiscal Base Commodity Rate Rate If No Water
Dollars Per Thousand Meter
Gallons
2007 -08 $13.93 $2.12 $28.79
2008-09 15.04 2.29 31.09
2009-10 15.64 2.38 32.33
2010-11 15.95 2.43 32.98
2011-12 16.19 2.47 33.47
Section 4.
That Chapter 26, Article II, Section 26-34 is hereby amended in party
6 by adding the words and figures in underlined type and by deleting the words and figures in
7 struck-through type as follows:
Sec. 26.34. Capital facilities charges and connection charges.
@ CAPITAL FACILITIES CHARGE IM:POSED. When property
receives water and/or sewage service from systems owned or controlled by the
city, the owner of such property shall pay unto the city a water and/or sewage
capital facilities charge as follows:
(I) Water:
(a) Property located within the municipal limits of Boynton Beach.
Nine hundred tHirty three dollars ($933.00) One thousand one
hundred twenty-two dollars ($1.122.00) per equivalent dwelling
unit. "Equivalent dwelling unit" is defined as a unit of construction
having the same water usage as a one-bedroom single-family
horne, and the number of equivalent dwelling units, for the purpose
of this calculation, contained within the property shall be
determined in accordance with the schedule attached to Ordinance
Number 80-10 [Article II of this chapter] and by reference made a
part thereof.
(b) Property located beyond the municipal limits of Boynton Beach but
within the utility service area. One tnousaRd one hl:lfu:ired sixty si)f
donors ($1, l(lO. 00) One thousand four hundred three dollars
($1.403.00) per equivalent dwelling unit. "Equivalent dwelling
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unit" is defined as a unit of construction having the same water
usage as a one-bedroom single-family home, and the number of
equivalent dwelling units, for the purpose of this calculation,
contained within the property shall be determined in accordance
with the schedule attached to Ordinance Number 80-10 [Article II
of this chapter] and by reference made a part thereof.
(2) Sewage:
(a) Property located within the municipal limits of Boynton Beach.
One hundred sixty six dollars ($] 66.00) Six hundred sixty-five
dollars ($665.00) per equivalent dwelling unit. "Equivalent
dwelling unit" is defined as a unit of construction generating the
same amount of sewage as a one-bedroom single-fa.'llily home, and
the number of equivalent dwelling units, for the purpose of this
calculation, contained within the property shall be determined in
accordance with the schedule attached to Ordinance Number 80-10
[Article II of this chapter] and by reference made a part thereof
(b) Property located beyond the municipal limits of the City of
Boynton Beach but within the utility service area. Eight hundred
thirty-one dollars ($831.00) Two hundred seven dollars ($207.00)
per equivalent dwelling unit. "Equivalent dwelling unit" is defined
as a unit of construction generating the same amount of sewage as
a one-bedroom single-family home, and the number of equivalent
dwelling units, for the purpose of this calculation, contained within
the property shall be determined in accordance with the schedule
attached to Ordinance Number 80-10 [Article II of this chapter]
and by reference made a part thereof.
Said capital facilities charge is designed to cover the cost of existing or
additional raw water production facilities, water treatment facilities and water
distribution facilities together with sewage transmission facilities either existing
or additions and improvements thereto which will be utilized by the city to
provide water and sewer service to said property. Said capital facilities charge
shall be paid or in part credited if appropriate upon the issuance of the first
building permit issued on the owner's property and shall be computed based upon
the rate in effect upon that date.
Section 5.
Each and every other provision of Chapter 26, not herein specifically
42 amended shall remain in full force and effect as previously enacted.
6
Section 6.
2 same are hereby repealed.
3
Section 7.
All ordinances or parts of ordinances in conflict herewith be and the
Should any section or provision of this ordinance or portion hereof,
4 any paragraph, sentence or word be declared by a court of competent jurisdiction to be
5 invalid, such decision shall not affect the remainder of this ordinance.
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Section 8.
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Section 9.
Authority is hereby granted to codify said ordinance.
This ordinance shall become effective October 1,2007.
FIRST READING this -<<l. day of A c.&.~U.~T ,2007.
SECOND, FINAL READING AND PASSAGE this ~
~,2007.
ATTEST:
J et M. Prainito, CMC
ity Clerk
(CORPORATE SEAL)
day of
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LOCA TION MAPS FOR SELECTED UTILITY PROJECTS
MAP A. CITY OF BOYNTON BEACH: WELLFIELD LOCATIONS
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MAP B. CITY OF BOYNTON BEACH:
POTENTIAL FLORIDAN AQUIFER WELL SITES
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MAP C. CITY OF BOYNTON BEACH:
INFILTRATION AND INFLOW IMPROVEMENT AREAS
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STRATEGIC PLAN FOR RECREATION AND PARKS
DEPARTMENT WITH THE PROPOSED DRAFT OF RECREATION
AND OPEN SPACE ELElVIENT*
*Draft provided as a background document and not for review. The proposed amendment
will be submitted in 2008 as part of the EAR package
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City of Boynton Beach
Recreation and Parks Department
Boynton Beach, Florida
Strategic Plan
Recreation and Open Space Element
2007 -2008
.-.... -
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....... Life Fun!!
Boynton Beach
Recreation and ParRS Department
LIlY oJ Doynton Beach Recreation and Parks Department
Strategic Master Plan
I.
A.
B.
C.
II.
A.
B.
e.
III.
IV.
A.
B.
e.
D.
v.
A.
B.
VI.
A.
B.
C.
D.
VII.
Boynton Beach Recreation and Parks Strategic Master Plan
Table of Contents
INTRODUCTION .... ..... .......... .... ... ............ .... ......... ...... ....... ................ ......... ...... .... ... 1
Overview......... ..... .., ....... ....... ......... .... ....... ................. ...... ..... _. ....... .................. ................... -. -..,.... -. 1
Methodology........ ..... ..... ...... ...... ........ ....... ........ ........... ....... .... ....... ...... ........ -... ........ ............ - - -... -.... 3
Purpose of Plan .... ........... ...... ...... ............ _... .............................. ..... ....... .......... - - -............... -... - - - - - -. -.. 3
INVENTORY AND ANALYSIS ...........................................................................4
Parks Classifications ....... ... ............... ....... .................. ....... ..... ....... ........ ...... ..................,.,........ - ...... 4
Inventory.... ... ... ... ................ ...... .... .......... ..... ..... ......... ...... ....... ....... ....... ................... ................. ...... 6
Analysis............................................................ ........................................................... . .. -,. -.. -.. -. ...... 9
VISION ....... ...................... .............. ....... ......... ...... ............ ..... ............. ... ........ ..... .... 14
PARK STAND ARDS ............................................................................................ 16
Overview... ...... ....... .................. ............. ...... ...... ..... ... .................... ................... ........ ....,........, - - - - - -. 16
Description of Standards ......... ..... ........ ..... ........ ..... ....... .......... ...... ...... ...... ....... ......... -. -,........' -.... -. 16
Needs Assessment................. ........ ....... ............. ..... ... ..... ........ ....... ................... ........, -..........., - - -. - - - 16
Level of Standards. ........... ........... ....... ......... ..... ..... ............... ...... ..... ........ ........ ................. -........ -.. 17
MASTER PLAN ........................................ .................... .......... ...... ..... ..... ...... .... .... 18
Conceptual Parks and Recreation System Map ..... ... ..... ......... ...... ...... ....... ..... ....................".. - -.... 18
Future Park Improvements............ ...... ............ ........... ..... .... ... ...... ...... .., .... ......... ...... ............. - -...... 20
THE IMPLEMENTATION PLAN .....................................................................28
Capital Improvements Plan.. ....... ....... ................. ... ... ....... ...... ....... ..... ........ ...................... -... - - -... - -. 28
Funding Sources.... ...... .............. .... .................... .... .... ..... ........ ... ..... ... ......... ...... .... -...... -..... -.. - - - - - -.. 28
Comprehensive Plan...... ............ ....... .......... ..... .... ........ ............ ...... ....... .... .,. ...... -... ._.............. _.. -.... 31
Management and Administrative Recommendations ... ..... ...... ............. .......... .... _............ -... -.. -.. -. - 31
VIII. PROGRAMMING PLAN .................. ......... .................. ................ .... ....... .... ..... .... 38
MARKE TIN G PLAN .................. ........ ..... ... ........................... ...... ... ......... ......... .... 38
IX. PROFESSIONAL DEVELOPMENT PLAN ..................................................... 38
X. EV AL U A TI ON ...................................................................................................... 38
XI. COMMUNITY RELATIONS PLAN .................................................................. 38
XII. REVENUE PLAN ...................... ........... ........ ....... ..... ..... ...... ...... ...... ........... .... ....... 38
XIII. NEED S AS SES SMENT ..... .... ... ........... ........ ..... ..... ....... ..... ...... ...................... ....... 38
XIV. TECHNOLOGY PLAN ............................................................................... ......... 38
XV. PREVENT A TIVE MAINTENANCE PLAN ..................................................... 38
APPENDICES ... .... ....... ............ ..... .... ........ ..... ............ ..... ..... ... ... ...... ........... ..................... 38
Appendix A
Recommendations from Staff Connections regarding Organizational Structure
Appendix B
Revised Comprehensive Plan
Appendix C
5-year Capital Improvement Plan
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
Acknowled2ements
City Commission
Mayor Jerry Taylor
Vice Mayor Jose Rodriguez
Commissioner Mack McCray
Commissioner Carl McKoy
Commissioner Ron Weiland
Recreation and Parks Advisory Board
Elizabeth (Betty) Pierce-Roe, Chair
William Orlove, Vice-Chair
John (Jay) Allard
David Barie
Patti Hammer
John McVey
J ane1le Sloane
City Staff
Kurt Bressner, City Manager
Wilfred Hawkins, Assistant City Manager
Wally Majors, Director of Recreation and Parks
Jody Rivers, Parks Superintendent
Virginia Shea, Senior Recreation Manager
Mary DeGraffenreidt, Senior Recreation Manager
Tom Balfe, Parks Manager
Sherri Claude, Assistant to the Director
Vicki Robertson, Administrative Secretary
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City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
I. INTRODUCTION
A. Overview
Throughout time, parks and open spaces have provided a unifying community structure and an
aesthetic identity to our urban environments as well as providing recreational opportunities.
While it is difficult to place a precise value on our parks and open space systems, it is clear to all
that they provide a variety of benefits that contribute to the "liveability" of our cities, such as:
. Accommodate recreational activities,
· Attract recreation enthusiasts,
. Increase property values,
· Provide public access to natural recreation areas and significant sites,
· Provide and enhance animal and plant habitats,
· Conserve, preserve and protect historic character,
· Contribute to the city's identity and marketability,
· Enhance aesthetic quality, and
. Contribute to clean air and water.
Parks and recreation opportunities contribute to the health of residents, provide a variety of
recreational and educational activities for all ages, and preserve and enhance the quality and
integrity of the natural environment. Parks and recreational opportunities are also significant in
attracting visitors to the community and, thus, contribute to local tourism and economic
development. When a community has a comprehensive and interrelated system of parks and
recreation opportunities that responds to the needs and values of local residents, the residents
support their local governments, become involved in their community activities, and reap the
benefits of a "quality-of-life" community.
Over the past year, the importance of recreation and parks has been even more compelling with
the "It Starts in Parks" (ISIP) program initiated by the Florida Recreation and Parks Association
and incorporated into the National Recreation and Parks marketing plan. The ISIP campaign is
intended to better position parks and recreation in the future to be recognized and supported for
the benefits and services provided by the profession. The eight (8) messages of the ISIP
campaIgn are:
. Personal Achievement
. Sense of Community
. Conservation of our natural resources
. Economic development
. Good health
. Ties to our heritage
. Respect for nature
. Florida's future
The recreation and parks facilities in the State of Florida generate over $34,000,000,000 ($34
Billion) annually. The profession of recreation and parks has a startling effect on the citizens
and visitors to the state. This department is making sure that this message is taken into our
community by implementing the ISIP campaign in the City of Boynton Beach.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
This Master Plan identifies the recreational needs of the citizens of Boynton Beach as indicated
in the System Map and the Comp Plan and recommends strategies and actions for meeting those
needs. The Master Plan identifies the actions necessary to implement the plan in order to satisfy
the expectations of the community. It includes recommendations that give guidance for
improving programs and services, creating a financially responsible organization, making land
acquisitions and protecting open spaces, improving and establishing new facilities and instituting
continuous improvement processes. This plan will enable the city to make the necessary changes
that will help sustain an attractive and livable city.
The City of Boynton Beach Recreation and Park staff prepared this Master Plan to serve as the
strategic planning tool for making parks, open space, facility and recreational program decisions
over the next decade. The master Plan includes recommendations that give guidance for
improving programs and services, creating a financially responsible organization, making land
acquisitions and protecting open spaces, improving and establishing new facilities and instituting
continuous improvement processes. Through these processes, the department will constantly and
consistently review community input and pro actively make the necessary changes that will help
create an attractive and livable city.
The City of Boynton Beach is experiencing unprecedented growth. With this increase in
development come new issues, expectations and demands for expansion and protection of park
lands and open spaces. The anticipation of these changes has led to the research and design of
this Master Plan in the hopes that everyone of the demands are met, and that the City of Boynton
Beach will continue to find itself among the best communities in the country.
The City of Boynton Beach is growing and becoming more diverse in its economic development.
In Boynton Beach, parks and recreation services continue to be an integral part of establishing
and sustaining a higher quality of life while highlighting an image and character that is unique to
Boynton Beach. To this end, parks and recreation services can affect the city by their ability to:
· Provide social benefits by connecting people within the community regardless of income,
background and ability.
· Provide economic benefits by improving the quality of life in the community and helping to
attract businesses and residents to the city.
· Provide protection of the environment by establishing greenways, natural areas and open
spaces managed by the city.
· Provide benefits to individuals and the community by promoting physical fitness and self-
improvement.
The process used to shape this Master Plan included the following tasks:
· Evaluating current services and operations of the Recreation and Parks Department.
· Evaluating current and future needs for parks, recreation services, recreation facilities, open
space and trails.
· Creating equity access maps to visualize and determine gaps of services.
· Developing recommendations and an implementation plan for the future that will provide the
greatest benefits to the residents.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
2
B. Methodology
In 2001, the City of Boynton Beach Recreation and Parks Department commissioned a Needs
Assessment, which was prepared by Management Learning Laboratories. The purpose of the
assessment was to determine recreation interests, facility usage, and opinion of recreation as
related to the Boynton Beach system of parks and facilities. After review of the information that
resulted from the study, it was determined that a master plan of the park system should be
developed that would steer the direction of the acquisition and development of parks and
facilities into the future of Boynton Beach. In July 2004, the firm of Glatting Jackson Kercher
Anglin Lopez Rinehart, Inc. was hired to solicit public input regarding the city's parks,
recreation facilities and programs and to prepare the Conceptual Parks and Recreation System
Map and make changes to the City's Comprehensive Plan that will allow the recommendations
in the System Map to occur.
Through a series of meetings with city staff, board members from the Senior Advisory and the
Recreation and Parks Boards, and the general public, a system-wide map was developed that
indicated existing parks and proposed parks, recreation facilities, greenways, bikeways and open
space.
Interviews were held with the City Commission, City Manager, Interim Director of Human
Resources, the Planning Team and staff to determine the strengths and weaknesses of the
department. Complete summaries of these interviews are included in the Appendix of this
report. In summary, the participants were asked four (4) questions regarding the "ideal" park
system, issues that need to be addressed, funding mechanisms and partnerships. In general, it
was felt by most of the participants that the department has a motivated and dedicated staff, the
parks inventory needed to be analyzed, departmental organization needed to be analyzed,
funding sources need to be identified and partnerships with schools and private developers
should be addressed.
Using this information, the Recreation and Parks staff analyzed the current and future needs for
additional staff and operating resources. Park standards, or Levels of Service, for park land and
facilities were determined. Potential funding sources were identified.
In 2007, Recreation and Park staff updated the Strategic Plan to show projects that have been
completed since the adoption of the 2006 plan and to match the 2007-2011 Capital
Improvements Plan (CIP) as adopted by the City Commission.
c. Purpose of Plan
The Master Plan has been prepared to address the following key goals:
. Assess current needs for recreation and park facilities for the citizens of Boynton Beach.
. Assess the future needs for recreation and park facilities for the citizens of Boynton
Beach.
. Prepare a long range, phased plan for the provision of current and future park needs_
. Preservation of important natural and cultural facilities.
. Provide a system of connected greenways and trails for the city.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
3
· Provide an effective Parks and Recreation services delivery system for the citizens.
· Effective management/administrative/departmental structure;
o Effective maintenance system;
o Land Development Regulations to provide for future park needs;
o Appropriate funding program for future capital improvements;
o Creation of appropriate multi-jurisdictional partnerships for the provision of parks
and open space services.
II. INVENTORY AND ANALYSIS
A. Parks Classifications
The Recreation and Parks Department, through the Strategic Planning process, has
developed different park classifications. The following the definitions:
Urban Open/Civic Space
Urban parks will provide civic open space in the downtown area for the enjoyment of all
the residents of the City as well as visitors to Boynton Beach. They serve as elegant
public spaces that are designed to complement the urban patterns of downtown Boynton
Beach. These parks will serve as urban oases amongst the bustle of downtown activity.
Urban parks should be located according to traditional town planning principles and good
urban design. The parks will be of two types: (1.} downtown plazas, and (2.) waterfront
parks. Additional urban pocket parks will be added to complement the historic urban
framework. All of the urban parks should be tied together with a network of streetscaped
pedestrian walkways and urban trails. The waterfront park system will build upon and
enhance the waterfront park network in the downtown. The waterfront park system will
create a connected system of urban park amenities along the waterfront and provide
direct access to the activities of the downtown. The park facilities and programs of the
park spaces should complement the objectives of the Community Redevelopment
Agency. The urban park experience should embrace the spirit of Boynton Beach as a
quality-of-life destination with a quaint traditional hometown feel.
Community Parks
Community parks are typically the largest active parks in the City and serve the largest
population base. They are the most comprehensive in terms of recreation activities
provided. These parks are the most expensive to build and maintain.
The optimum service area for a community park in Boynton Beach should be one (1)
mile. Community parks should be serviced by arterial and collector streets and be easily
accessible throughout the service area by way of interconnecting trails. While
community parks should be strategically located through the community, their locations
can be significantly impacted by other types of parks, most notably regional or county
parks, which can contain some of the same recreational opportunities provided in
community parks.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
4
The optimal size of a community park should be based on the land area needed to
accommodate the desired uses.
Special Use Parks
Special use parks are those parks with unique, specialized amenities that cater to a select
group of users. In Boynton Beach, special use parks include the cemeteries, the Little
League Park and Kids Kingdom. Efforts should be made to include future special uses in
neighborhood and community parks rather than segregate them into separate areas.
Nei2hborhood Parks
Neighborhood parks will be the basic unit of the Boynton Beach park system and serve as
the recreational and social focus of each neighborhood. They should be developed for
both active and passive activities geared specifically for those living within the
neighborhood service area. These parks should accommodate a wide variety of age and
user groups, including children, adults, seniors, family groups, and special populations.
Creating a sense of place in each park by bringing together the unique character of each
site with the social character of the neighborhood will be vital to creating a successful
design.
Neighborhood parks should be centrally located within each service area, which should
encompass a Y2 mile distance, and if possible, uninterrupted by non-residential streets or
other physical barriers. Each site should be accessible from throughout its service area by
way of interconnecting trails, sidewalks or low-volume streets. Ease of access and
walking distance are critical factors in locating a neighborhood park. A person's
willingness to use a neighborhood park is greatly reduced if they perceive it to be
difficult to access or not within a reasonable walking distance. Ease of access, central
location and linkage to greenways are the key concerns when selecting a site. The site
itself should exhibit the physical characteristics appropriate for both active and passive
recreational uses. Since one of the primary reasons people go to a park is to experience a
pleasant outdoor environment, the site should have some innate aesthetic qualities. "Left-
over" parcels of land that are undesirable for development are generally undesirable for
neighborhood parks as well and should be avoided. Additionally, it is more cost effective
to select a site with inherent aesthetic qualities, rather than trying to create them through
extensive site development. Given the importance of location, neighborhood parks should
be selected before a subdivision is platted and acquired as part of the development
process.
It is recommended that 5 acres be the generally accepted minimum size necessary to
provide space for a menu of activities. The site should have well-drainage and suitable
soils and level topography. Ideally, it should be connected to other park system
components such as natural areas, lakes, ponds, and greenways. Land within a flood plain
should only be considered if the facilities are constructed above the appropriate flood
elevation. Although a park size of 5 acres is recommended, the actual size should be
based on the land area needed to accommodate the desired uses.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
5
Since each neighborhood is unique, input from neighborhood residents should be used to
determine the development program for the park. The guidelines presented here should
be used as a framework to guide program development and ensure consistency with other
park system components. They should not be used as an impediment to creative design
possibilities.
Development of a neighborhood park should seek to achieve a balance between active
and passive uses. Active recreational facilities are intended to be used in an informal and
unstructured manner. Neighborhood parks are not intended to be used for programmed
activities that result in overuse, noise, parking problems and congestion.
Neighborhood parks should be the basic unit of the Boynton Beach park system and serve
as the recreational and social focus of each neighborhood.
Conservation Lands
The function of an Open Space Park or Greenbelt is to provide space where people can
engage in passive and active recreation, provide preservation and conservation of
environmentally sensitive areas and habitat for wildlife, and to serve as corridors to
effectively link park system components together to form a continuous park environment.
These parks should be located in areas of significant natural resources, aesthetic
landscapes, and open space. There are no specific standards for how much conservation
land a community should have. Instead, it is dependent _on the number and quality of
natural and historical resources in the area, the public desire to preserve these valuable
sites, and the willingness of the citizens to provide funds for their preservation.
Water and Beach Access Parks
These parks offer opportunities for access to and interaction with the Intracoastal
Waterway and the Atlantic Ocean. Amenities can include kayaking and canoe launches,
fishing areas, observation boardwalks, day docks, boat launching ramps, volleyball
courts, picnic areas, restrooms and parking. Generally each park has its own unique
features that are defined by the relationship with the water.
Neighborhood and community input through the public input process should be the
primary determinant of development of any park. The guidelines posted in this document
should be used as a framework to guide program development and ensure consistency
with the other park system components. They should not be used as an impediment to
creative and unique design concepts.
B. Inventory
1. Park Land
a. Existing Park System
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
6
The current park system is made up of 32 parks, cemeteries and open spaces in
the following categories:
Urban Open/Civic Space Acres Nei!!hborhood Parks I Acres
Bicentennial Park 0.60 Bovnton Lakes Park 8.6
Edward Harmening Arbor 0.46 Civic Center 0.8
Heritage Park 0.24 Forest Hills Park 4.8
Hibiscus Park 0.83 Galaxy Park 3.7
Kiwanis/Sierra Club Park 0.19 Laurel Hill Park I 1.26
Veterans' Park 0.3 Meadows Park I 7.2
TOTAL 2.60 Knollwood Park 3.3
Pence Park i 2.9 I
Communitv Parks Acres Pioneer Canal Park --------t--W
Congress A venue Park 24.3 Rolling Green School 5.3 i
Ezell Hester Park 23.7 Southeast Neighborhood i 2.3 !
Wilson Park 5.44 TOTAL i 42.55 i
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Conservation Lands I Acres i
Special Use Parks Acres Seacrest Scrub * , 53.7 I
,
Barton Mem. Park/Cemetery 6.4 Rolling Green Scrub * * i 8.0
Boynton Beach Memorial 12.41 Rosemary Scrub * ! 13.4
Cemetery
Little League 12.8 I TOTAL 67.10 I
Kids Kingdom 0.44 I
Sara Sims Park/Cemetery 6.95 Water/Beach Access Acres
TOTAL 39.00 Boat Club Park 7.9
Intracoastal Park I 9.4 I
Greenwavs/Bikeways Acres Jaycee Park i 5.5 I
Palmetto Green 2.16 Mangrove Park 10.72
TOTAL 2.16 Oceanfront Park 10.7 !
TOTAL 44.22
* Owned by Palm Beach County. Maintained by City of Boynton Beach
** Rolling Green acreage including in total acreage for Ezell Hester Park
This is a citywide total acreage of 251.07 acres of park, cemetery and open space
lands.
b. Future Park Sites
The following areas are potential future park sites:
Site Acres
FP&L 7.14
Girl Scout 7.58
Nichols Road 14.74
Nautica Sound/Meadows I 9.8
Quantum 17.39
Winchester 5.0
Woolbright Place 3.62
TOTAL 64.55
Oty of Boynton Beach Recreation and Parks Department
Strategic Master Plan
7
Thus, there is a potential for 315.62 acres of park, cemetery and open
space lands in the City.
2. Facilities
a. Existing Recreation Facilities
. Art Center
o Community Center with Class Rooms
. Boat Club Park
o Meeting Room
o Play Equipment
. City Hall in the Mall
o Office Space
. Civic Center
o Community Center with Class Rooms
· Congress Avenue Community Park
o Har- Tru Tennis Courts (17)
o 4 Hard Surface Tennis Courts
o Pro Shop
o Locker Rooms/Showers
. Ezell Hester Park
o Community Center with Activity and Meeting Rooms and
Gymnasium
o Baseball/Softball Field
o Basketball Courts (3)
o New and Improved Play Equipment
o Pavilion
o Racquetball Court (4)
o Tennis Court (2)
o Nature Preserve
· Madsen Center
o Program Room
o Shuffleboard Courts (16)
· Senior Center
o Community Center with Meeting Rooms, Exercise Room, Kitchen,
Computer Room, Arts & Crafts Room and Game Room
e Carolyn Sims Center and Wilson Park
o See Future Recreational Facilities
b. Future Recreational Facilities
· Intracoastal Park Clubhouse
o Community Center with Meeting and Program Rooms
e Carolyn Sims Center and Wilson Park
o New building will have gymnasium and meeting rooms
o Picnic Facilities
o Playground
o Pool to be replaced
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Strategic Master Plan 8
o Open Play Field
o Basketball Court
C. Analysis
3. Park Land and Facilities
a. Existing Parks and Facilities
. Urban Open/Civic Space
o Bicentennial Park is a passive park on Federal Highway.
The park has little to attract visitors; however, it will be
greatly impacted by the downtown redevelopment and will
become a critical part of the urban open space of the town
center.
o Edward F. Harmening Arbor Park is a small passive park
located adjacent to the East Water Treatment Plant. It has
several species of flowing trees. Its location and lack of
parking create an isolated park area with very little
visitation.
o Heritage Park located on Seacrest Boulevard, is a popular
gathering space for neighborhood residents. There is a
monument dedicated to Boynton Beach African Americans.
The monument is frequently vandalized. Recent
beautification efforts include the removal of the planters
and installation of 35 palms.
o Hibiscus Park is a small park located in the Lake Boynton
Estates neighborhood. The playground equipment is
scheduled for replacement is FY 2007/08.
o Kiwanis/Sierra Club Park is located on Northeast 22nd
Avenue and is simply a grassy area.
o Veterans Park is located in the downtown core of the City.
At present, it is a passive park with large ficus trees. In the
future, the park will become precious green space in the
urban downtown center.
. Neil!hborhood Parks
o Boynton Lakes Park is located in the Boynton Lakes
neighborhood and contains a playground, a walking trail
and a large open grassy area. The play equipment and park
furniture was replaced in 2005.
o Civic Center Park is located on Ocean Avenue and has new
play equipment and a maze made from shrubs.
o Forest Hill Park is located in the Forest Hill neighborhood
and is bordered on the west side by a sound barrier wall on
1-95. This park was built in 1972 and was showing signs of
aging. The park furniture and play equipment was replaced
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in 2006, as was the fence in the front. Plans include
replacement of existing and additional landscaping in 2007.
o Galaxy Park is one of the oldest parks in the system and is
well used. The restroom was renovated in 2005. The
fencing around the baseball fields was replaced in 2006.
The playground equipment needs to be replaced in
2006/07.
e Laurel Hill Park, located in the Laurel Hills neighborhood,
contains play equipment, a basketball court and an open
grassed area. The park was built in 1972 and is in need of
renovation. Replacement of the play equipment and park
furnishings was completed in 2006. A double rail fence is
scheduled for installation in 2007.
o Meadows Park is an extremely popular park used by city
residents and school groups. While the park was built in
1994, the heavy use has created bare areas around the
pavilions and courts. The playground equipment and park
furniture were replaced in 2006. Because of the heavy use
and enjoyment by park users, this park will require
consistent maintenance and upgrades.
o Pence Park is the oldest park in the system. Neighborhood
residents heavily use the basketball courts. The fence
around the baseball field was replaced in 2005. The
restrooms were renovated in recent years. The playground
equipment is scheduled for replacement in 2006/07.
0- Pioneer Canal Park has the only freshwater boat ramp in
the park system, which is widely used. The ramp was
scheduled for renovation in 2004/05 but is on hold pending
scheduling of a canal dredging project by the South Florida
Water Management District. The tennis courts are also
heavily used. The park was not master planned and use of
the property is not effective. This park needs to be
completely renovated. The installation of a double rail
fence, renovation of the restrooms and resurfacing of the
basketball and tennis courts is scheduled for 2007.
o Rolling Green Park is in the rear of Rolling Green
Elementary School and was used primarily by soccer
players and cricket players. A new school is under
construction and the park area is being used as a staging
area. Once construction is complete, the park will be
restored to a multi-purpose playing field.
o Southeast Neighborhood Park is in the process of being
developed. It is scheduled for completion in 2007 and will
include a picnic pavilion, two tennis courts, picnic areas,
walking trail, landscaping and a small parking lot.
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. Special Use Parks
o Barton Memorial Park is a cemetery that contains early
African American resident gravesites dating back to the
early 1900's. It is currently closed for burials.
o Boynton Beach Memorial Park is the primary public
cemetery in Boynton Beach. There are several hundred
gravesites remaining and the property was replatted to
identify over 300 more sites. The trees were heavily
damaged by the 2004 hurricanes and were replaced in
2005/06.
o Kids Kingdom Playground is a "Leathers" designed
wooden and concrete play structure that is an extremely
popular destination for residents, schools, camps and
visitors. The structure was built in 1996 and is beginning
to show signs of wear. The structure must be inspected
regularly for splinters and damage. Funds are included in
the Capital Improvements Plan (CIP) for annual
maintenance.
o Little League Park contains four (4) baseball fields that are
used primarily by the Boynton Beach Little League
organization. Hurricane Wilma caused considerable
damage to the tIelds and the concession building. Extreme
Makeover rebuilt Field 2 and portion of Field 3 and the
concession building. The City rebuilt Field 1 and replaced
the lights. Consideration should be given to accessibility
codes.
o Sara Sims Park and Cemetery is an older park that
requires constant maintenance due to vandalism This park
is in the eRA district.
. Water Beach Access
o Boat Club Park is located between Federal Highway and
the Intracoastal Park and provides boat access to the
Intracoastal Waterway and Atlantic Ocean. This park is
heavily used by both boaters and park users. The fishing
pier was replaced in 2004. The restrooms inside the
community center were renovated in 2004. Playground
equipment is scheduled for replacement in 2008/09. The
restrooms are scheduled for renovation in FY 2007. The
canal will be dredged in November 2007. Additionally,
Palm Beach County is providing funding for a new or
renovated restroom, new picnic pavilions and
improvements to the boardwalk.
o Intracoastal Park, the newest park in the system, is located
between Federal Highway and the Intracoastal Waterway.
It is an extremely popular site that contains picnic shelters
and a large, handicapped accessible play structure. A
clubhouse is under construction and is expected to be
completed in October 2007.
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o Jaycee Park is a 5-acre park located between Federal
Highway and the Intracoastal Waterway. Currently, there
is a bocce ball court and a few picnic tables; however, the
park is scheduled for development is 20067.
o Knollwood Park is a 3.0 acre park located at Lawrence
Road and Meadows Drive. The newest park in the system,
Knollwood was built by D. R. Horton Developers as a
public/private partnership. In exchange from fill removed
from the park site and used for development, the developer
paid for the construction of the park. Park amenities
include a pond with well planted littoral zones, a walking
path, a gazebo and a small parking area.
o Mangrove Park contains a 1/4 mile aluminum walkway
through 10 acres of mangroves on the Intracoastal
Waterway and includes educational kiosks and an
observation deck. Trash accumulation in the mangroves is
an unpreventable problem.
o Oceanfront Park is the City's only beach access. It is
heavily used, primarily by residents of Boynton Beach and
Ocean Ridge. The boardwalk was scheduled for
replacement in 2004; however, the cost of the replacement
exceeded the budget. It is now scheduled for replacement
in 2007/08. A design firm will be hired in 2006/07 to begin
construction drawings.
. Greenwav/Bikewavs
o Palmetto Green Linear Park is located on the south side of
the SFWMD C-16 canal. The pathway turns into several
overlooks that could serve as fishing piers; however, a great
amount of trash and refuse has been tossed off the
platforms making fishing difficult.
· Conservation Lands
o Rolling Green Scrub is actually 5 different scrub sites
located in and around Ezell Hester Park.
o Rosemary Scrub is owned by Palm Beach County and is
maintained in conjunction with the Boynton Beach
Recreation and Parks Department. The scrub is open to the
public.
o Sea crest Scrub is also owned by Palm Beach County,
maintained in conjunction with the Boynton Beach
Recreation and Parks Department and open to the public.
. Community Parks
o Congress Avenue Community Park is home to the city's
tennis complex. The fencing and lights on several of the
courts were replaced in summer of 2005. A Master Plan
was done for future park development that includes a
barrier-free park. A fund raising campaign will be
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conducted to raise the money necessary to build the park.
There is deep water well installed by the Utilities
Department on the southwest side of the park.
a Ezell Hester Park is one of the largest parks in the system
and the athletic facilities are heavily used. The sand
volleyball courts were replaced with a large play structure
in 2005/06.
a Wilson Park is in the process of a complete renovation.
The existing community center has been demolished and a
new two-story center is under construction with completion
anticipated in November 2007. New play equipment5 will
also be added. The pool will be replaced.
b. Future Parks
. Urban Civic Open Space
a Woolbright Place, approximately 3 acres located on SW
8th Place and SW I st Court, will be sodded and irrigated.
Trees from other developments in the City will be relocated
to this sight. The City Commission has asked for
community input and feedback prior to this project taking
place.
. Neiehborhood Parks
a FP & L Park is located on old Southwest 23rd A venue
directly south of the FP & L Substation and is bordered on
the west by the E-4 canal and on the east by the CSX
Railroad. This park could be developed so that access to
the canal is provided. This 7.68-acre site has not been
master planned.
a Girl Scout Park is located on the east side of the E-4 canal
and is heavily treed with mature canopy. This site also
could be developed for access to the canal. A master plan
has not been done at this time for this 9.73 acre site.
a Meadows UNautica Sound Park Site is a 9-acre site that
could be developed as a community park since there is no
community park in this quadrant of the city; however, it is
expected that surrounding neighborhoods would prefer a
more passive use. A master plan has not been done for this
site.
. Community Parks
a Nichols Property is a 15.4 acre site located on the west side
of the Boynton Beach Mall. This site is not within the city
boundaries at this time.
a Quantum Park Site is a IS-acre site located in the
Quantum Corporate Park east of the E-4 canal. A master
plan was done for this site that included athletic facilities;
however, it is anticipated that the use will change from
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active to passive, nature-oriented as gopher tortoises have
been spotted on the site. The property is adjacent to a large
conservation area, which could be incorporated into the
nature-oriented aspects of the park with the addition of
interpretive trails. Additionally, this park could be used for
access to the canal for canoes and kayaks as part of the
greenwaylblueway.
. Greenwav/Bluewavs
o Palmetto Green Linear Park is planned for expansion from
the existing path west to 1-95, then south to Galaxy School.
Funds are allocated in the CIP for land acquisition and
construction.
o The Greenway and Bikeway Master Plan is nearing
completion. This plan will show proposed bikeways,
greenways and blueways to interconnect the various
destination points such as parks, schools, shops, the library
and neighborhoods.
III. VISION
· Ensure Boynton Beach 's Recreation and Park Legacy for Future Generations
o Develop fully programmed, fully operational and well-maintained parks,
facilities and programs that m~et both current and future park and
recreation needs.
o Keep the public and local leaders informed about the value, benefits,
conditions and needs of Boynton Beach's park system.
o Coordinate the planning, management, development and funding of parks,
natural resources, trails and recreation needs and concerns with other
Boynton Beach departments and city, county and regional planning
efforts.
o Engage the residents to become stewards of Boynton Beach's recreation
and park system to help preserve the legacy for future generations.
· Design, Build and Maintain Excellent Parks and Recreation Facilities
o Develop a park system that adequately serves the citizens' current and
future needs in an efficient and affordable fashion.
o Develop a set of park design standards that preserve the quality of the
recreation and parks system for future generations.
o Develop each park, natural area and open space to respect the unique
attributes of each site and its neighbors and according to its role in the
overall recreation and park system.
o Develop parks and facilities that are accessible and available to all
residents. Meet and, where possible, exceed the requirements of
Americans with Disabilities Act.
o Use environmentally friendly, sustainable methods to build and care for
parks, natural resources and recreation facilities.
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. Create An Interconnected Regional and Local System of Paths, Walkvvays and
Trailsfor Make Boynton Beach a "Walkable Community"
o Provide a safe and convenient trails system between parks, natural areas
and recreational facilities, and connect them with residential areas, civic
institutions and businesses.
o Coordinate the development of a regional trails system with surrounding
municipalities and the county.
o Integrate the parks, community centers, and trails into the neighborhoods.
. Provide equal access to parks and recreation programs for all residents in the
City
o Pursue all opportunities to provide parks and recreation services in new
developments throughout the community and in natural areas.
o Provide developed neighborhood parks and community facilities within a
reasonable distance of every resident.
o Provide a geographic distribution of parks and recreation facilities that
offer equal access and opportunity for all residents.
. Develop Recreation and Parks Facilities that Promote "Community in the City"
o Build public plazas and "green connections" in neighborhoods and along
main streets.
o Provide unique public spaces that give Boynton Beach a special and
attractive identity that reinforces the existing character of the City.
o Partner with other public agencies, schools and private organizations to
maximize parks and recreation opportunities, facilities and programs.
o Provide a wide variety of arts, culture, historical and civic amenities in the
system.
. Provide an Appropriate Set of Land Management Regulations to Accomplish the
Long Range Needs of the Park System.
o Develop a long-range strategic plan for the City that enables the City to
plan and develop specific future parks sites within the context of a well-
orchestrated land development scenario.
o Review and update the Parks and Recreation Impact Fee structure every
three (3) years.
o Adopt new standards in the Comprehensive Plan that will assure an
adequate and appropriate parks, recreation and open space system.
o Establish regulations that require new developments to provide pedestrian
and bicycle access into and through the new developments.
. Provide Adequate Park and Recreation Maintenance and Management
Establish appropriate maintenance standards to upgrade and enhance the
level of maintenance for parks and recreation areas.
o Implement a parks and recreation improvement
redevelopment of existing areas, maintenance,
renovation of all public areas and facilities.
o Maintain, secure and manage existing and future parks and open space in a
manner that encourages appropriate use.
o
program, including
improvement and
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IV. PARKSTANDARDS
A. Overview
Each community is unique. Every City has its own "personality" that differs because of
its demographic makeup. Due to differing geographical, cultural, social, economic and
environmental characteristics, each community must select a set of standards, which best
serves them for the cost of delivering those services.
The parks and recreation system of a given City needs to reflect the needs of the residents
of that City by setting standards for appropriate service. The standards are an expression
of the essential facilities needed to provide the level of park and recreation services
desired by the residents in each community. These standards are typically expressed as
ratios such as acres of park per 1,000 residents or numbers of tennis courts per 1000
residents. The ratios are very useful in order to quickly assess the quantities and cost of
the projected needs. Standards should be practical and achievable, and provide for
equitable allocation of parks and recreation resources throughout the community.
B. Description of Standards
The City of Boynton Beach currently has a level of service for park acreage of 2.5 acres
per 1,000 residents. It has been determined that this is an appropriate and satisfactory
level of services. Currently, the City owns 245.85 acres of developed park land which is
more than sufficient to meet this level now and in the future
c. Needs Assessment
In 2002, the City of Boynton Beach completed a Parks and Recreation Needs Assessment
which indicated the following facilities were a priority with those residents that
participated in the survey:
. Neighborhood Parks
. Nature Trails
. Picnic Areas
. Playgrounds in Parks
· Fishing Piers
· Amphitheater
. Jogging Paths
· Multipurpose Fields
· Swimming Pools
. Passive Recreation Areas
· Greenways
· Senior Center
· Tennis Courts
· Baseball Fields
89%
81%
80%
71%
75%
65%
64%
63%
60%
58%
57%
56%
55%
53%
City of Boynton Beach Recreation and Parks Department
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. Aquatic Facility 52%
. Basketball Courts 50%
. Teen Center 50%
. Skate Park 49%
. Football Fields 47%
. Boat Ramps 47%
. Soccer Fields 44%
. Dog Park 44%
It is important that a needs assessment be completed every five (5) years to understand trends and
demographic changes. This information will assist the Department in determining what park facilities
and programs are needed and desired by the citizens of Boynton Beach. The City is due for a re-
assessment in 2007/08 and a request for funding will be included in the Department's 2007/08 budget
request.
n
11.
Level of Standards
The existing Comprehensive Plan includes the following LOS.
CURRENT LOS AND NEEDS
65,208 - 2004 POPULATION
FACILITY CURRENT EXISTING NEED PER CURRENT
LOS FACILITIES POPULATION NEED
Baseball/Softball, Youth 1/15,000 6 4 0
Baseball, Regulation 1/25,000 2 3 1
Basketball 1/3,000 13 22 9
Community Center (1) 1/25,000 5 3 0
Fitness Trail (2) 1/30,000 2 2 0
Football/Soccer 1/40,000 1 2 1
Multipurpose Field 1/10,000 1 7 6
Racquetball Court 1/10,000 8 7 0
Picnic Area 1/6,000 21 11 0
Playground 1 1 4,000 17 17 1
Shuffleboard 1 12,500 16 26 10
Pool (3) 1/40,000 1 2 2
Tennis Court 1 12,000 31 33 2
Bocce Court N/A 3 I N/A N/A
Volleyball Court N/A 4 N/A N/A J
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Based on current trends in some recreational activities and on the 2002 Needs Assessment, the following
LOS are recommended.
RECOMMENDED LOS AND NEEDS
65,208 - 2004 POPULATION
FACILITY CURRENT EXISTING NEED PER CURRENT
LOS FACILITIES POPULATION NEED
Baseball/Softball, Youth 1/15,000 6 4 0
Baseball, Regulation 1/20,000 2 2 0
Basketball 1/4,000 13 16 3
Community Center (1) 1/25,000 5 3 0
Fitness Trail (2) 1/30,000 2 2 0
F ootballJSoccer 1/40,000 1 2 1
Multipurpose Field 1/10,000 1 7 6
Racquetball Court 1/10,000 8 7 0
Picnic Area 1 /3,000 21 26 5
Playground 1 /4,000 17 22 5
Shuffleboard 1 /5,000 16 13 0
Pool (3) 1/40,000 1 2 1
Tennis Court 1 /2,000 31 33 2
Bocce Court 1/25,000 3 3 0
Volleyball Court 1/15,000 4 4 0
Skate Park 1/65,000 0 1 1
V. MASTER PLAN
A. Conceptual Parks and Recreation System Map
The following is the Conceptual Parks and Recreation System map developed through the
strategic planning process by Glatting Jackson. It is a result of the numerous meetings
and the input from City staff, elected officials, board members and the public.
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City of Boynton Beach Recreation and Parks Department
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B. Future Park Improvements
THE VISION: CITY OF BOYNTON BEACH'S RECREATION AND PARKS SYSTEM
The Vision for the City of Boynton Beach's Recreation and Parks System is to create a green
infrastructure system of interconnected pleasing, functional, and well-maintained open spaces,
parks, greenways, streets, and waterways that will provide the permanent physical qualities of a
great city. Implementation of this Vision will enable the City's Recreation and Parks Department
to accomplish its mission to "engage Boynton Beach citizens in diverse recreational experiences,
and to cultivate parks and open spaces".
Working with City staff, members of the Recreation and Parks Advisory Board, and interested
citizens, Glatting Jackson first developed nomenclature for the different components of the
City's Park and Recreation System including:
. Urban Open / Civic Spaces
. Neighborhood Parks
. Community Parks
. Special use Facilities
. Water / Beach Access
. Greenways / Bikeways / Trails
. Conservation Lands
. Regional Parks
. Schools / School Parks
. Private Recreational Facilities
A long range plan was developed for each component of the System, responding to existing and
projected population arid demographics, lifestyles and needs.
LIFESTYLES
Early in the planning process, it was determined that the parks and recreation needs of City
residents vary depending upon where they live. Therefore the City conducted a "Lifestyles
Workshop" on November 17, 2004 to discuss differences in both existing and proposed lifestyles
and recreation needs in the various quadrants. The notes from the Workshop are attached
(Meeting Minutes, November 17, 2004).
District 1, the Southwest Quadrant, is characterized as an area of retirees living in planned
communities, most of which have their own private recreational amenities; therefore the public
recreation needs in this quadrant are primarily for large passive parks. It is anticipated that this
demographic will change much over the next 15 - 20 years.
District II, the Northeast Quadrant, is an older coastal community that is experiencing changes
in its demographic mix, with more families and young professional couples moving into the area.
This area of the City has more parks and recreation facilities than any other, but many need to be
expanded or upgraded to accommodate increasing demands. The community stated that they
also needs jogging trails, bike paths, and culturaVarts facilities within walking distance of
residents as in other districts in the City.
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District IIL the Southeast Quadrant, is also an area of changing demographics, and is the most
likely area to "gentrify" in the coming years. The community's parks system needs to be
expanded with more developed open space and recreation facilities to meet the increasing
demand. This can be accomplished with the existing inventory.
District IV, the Northwest Quadrant, is the highest income area of the City, characterized as
"typical suburbia". There are not enough parks and recreation facilities to serve the youth and
family-oriented lifestyle of this quadrant, and trails and bike paths are also needed to meet the
needs of this growing suburban community.
PROPOSED IMPROVEMENTS
A Parks and Recreation System Conceptual Master Plan was developed to show the locations of
both existing and proposed facilities to meet the needs outlined above. Following is a description
of each of the proposed improvements. The proposed improvements are numbered to correspond
to the locations shown on Parks and Recreation System Map.
Urban Open / Civic Spaces
J. Bicentennial Park
. Complete renovation as an urban civic space for the downtown redevelopment.
4. Veterans Park
. Complete renovation as an urban civic space for the downtown redevelopment.
Neighborhood Parks
The City of Boynton Beach has 1 1 Neighborhood Parks in its current Park System. As time and
use have taken a toll on some of these facilities, eight (8) parks were identified through
workshops and interviews as having a need for retrofitting and/or enhancement. In addition to
these renovations, nine (9) parcels owned by the City were identified to be developed as
Neighborhood Parks in a phased fashion in order to meet the recreational needs of the City's
population as it continues to increase in the years to come. Priority of park development would
have to be determined at a later date.
Since the adoption of the 2006 Strategic Plan, two (2) parks have been upgraded and two (2)
park sites have been developed.
3. Hibiscus Park
. Replacement of play equipment
. Landscaping
. Park furniture
8. Retrofit Forest Hill Park
. Replacement of play equipment
. Resurface basketball court
. Landscaping
9. Retrofit Gala:AY Park
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. Replacement of perimeter fence
. Replacement of play equipment
. Renovation of ball field
. Picnic shelter
. Arboretum
. Landscaping
11. Retrofit Pioneer Canal Park
. Provide recreational access, i.e. canoe, kayak launch site, to adjacent Canal Waterway
. Surface parking lot
. Multipurpose field
. Landscaping
. Park furniture
12. New Neighborhood Park - FP&LI Golf Road Park Site
. Develop park to provide recreational access, i.e. canoe, kayak launch site, to adjacent
Canal Waterway.
13. New Neighborhood Park - Girl Scout Park
. Develop park to provide recreational access, i.e. canoe, kayak launch site, to adjacent
Canal Watervvay.
15. New Neighborhood Park - Nautica Sound Park Site
. Develop park to meet local residents' needs
16. New Neighborhood Park - Meadows I Park Site
· Develop park to meet local residents' needs
18. New Neighborhood Park- WoolbrightlLeisureville Place Park Site
19. New Neighborhood Park - Quantum Community Park Site
. Develop park to meet local residents' needs
20. New Neighborhood Park - Winchester Park Site
. Develop park to meet local residents' needs
Community Parks/ Centers
Out of the four (4) existing Community Parks/ Centers, one (1) was identified as having a need
for retrofitting and one (1) site was identified as a potential Community Park sites to be
developed as the need arises.
9. Carolyn Sims Center and Wilson Park
. New community center
· Replace pool
· Multipurpose field
. Play equipment
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. Provide recreational access, i.e. canoe, kayak launch site, to adjacent Canal Watellvay.
. Landscaping
. Park furniture
(Note: The Wilson Park renovation is expected to be complete in November 20(7)
10. New Community Park - Nichols Road Site
. Develop a multi-purpose Community Park to meet residents' needs
12. Retrofit Congress Avenue Community Park
. Upgrade the Tennis Center to meet residents' needs (in progress)
. Boundless Playground
. Boundless Center
. Gardens
. Pavilions
. Walking trail
. Landscaping
. Park furniture
Special Use Facilities
Two Special Use Facilities are proposed to be retrofitted. Cemeteries were historically used as
passive and contemplative parks. The City of Boynton Beach has the opportunity to revive this
tradition and provide its residents with truly memorable and contemplative "Cemetery Parks."
11. Retrofit Barton Memorial Park
. Consider developing Barton Memorial Park as a "Cemetery Park" that includes historical
context.
13. Retrofit Sara Sims Park
. Consider developing Barton Park as a "Cemetery Park" that includes historical context
. Complete park renovation to include
o New restrooms
o Picnic areas with pavilions
o Play equipment
o Single rail fence
o Multipurpose field
Water/ Beach Access
5. Intracoastal Park
. 7,200 square foot Clubhouse
6. Oceanfront Park
. Replacement of boardwalk
. Add 2nd story to office
. Enlarge maintenance building
. Single rail fence
. Catwalk over the dune
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. Additionallighting
. Install stairs from lower parking lot
. Handicap walking to beach
10. Retrofit Jaycee Park
· Provide recreational access to Intracoastal Waterway
. Develop connection to Woolbright Road
. Picnic shelter
. Restrooms
. Parking area
· Play equipment
. Walking trail
. Interpretive kiosks
. Bocce court
. Boardwalk
. Day docks
. Open play space
. Landscaping
. Park furniture
(Note: Jaycee Park is scheduled for development in 2007)
Greenways! Bikeways! Trails
In August 2004 the City Commission approved, in concept, the City of Boynton Beach
Greenway and Bikeway Master Plan, which establishes an interconnected system of Greenways,
Blueways, Bikeways and Trails throughout the City. This System has been incorporated into
the Parks and Recreation Master Plan, as follows:
1. Palmetto Greens
· Expand the greenway to 1-95
3. Develop FEC Corridor Greenway
· Develop corridor as a "Transit Greenway" that provides for a multi-purpose recreational
path, and connects to adjacent cities and park systems.
4. Develop 1-95 Corridor Greenway
· Work with FDOT and the County to establish this Greenway, including a paved multi-
purpose path, shade trees, benches, bicycle stands, and signage.
5. Develop Intracoastal Waterway Boardwalk
· Develop a pedestrian, recreational promenadelboardwalk along Intracoastal Waterway
connecting Woolbright Road and Jaycee Park.
6. Develop Shaded Bikeways Program
· Enhance roadways throughout the City to create a system of tree-lined boulevards,
avenues and streets that link neighborhoods, parks, and commercial/employment areas,
and safely accommodate motorists, cyclists, and pedestrians.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
24
7. Develop Recreational Greenways
. Develop recreational greenways along Canal R.O.W., Utility Easements, and any
available vacant parcels as a means to create citywide "Green Infrastructure Network."
Conservation Lands
The current Park System provides residents with three conservation sites: Rolling Green Scrub,
Rosemary Scrub, and Seacrest Scrub. One (1) additional parcel was identified through the
interviews and workshop as potential conservation sites that would provide residents with
additional passive and educational recreation experiences:
5. New Conservation Land - Quantum Conservation Site (Private)
o Acquire site and develop along with Quantum Community Park to create larger and more
influential environmental park.
Schools/ Religious Institutions
Schools and religious institutions provide opportunities for public/private partnerships to meet
community recreation needs. Three potential sites for partnerships include:
9. Rolling Green Elementmy School/ School Park
10. Temple Beth Kodesh
11. New Congress Middle School! School Park
Private Recreation Facilities
Similar to most counties and cities of South Florida, the City of Boynton Beach is comprised of
many private and gated Planned Unit Developments (PUD), condominiums, and apartment
complexes. Many of these developments provide their residents with recreational facilities and
amenities in the form of community pools, playgrounds, sports courts, etc. These facilities,
although private, help meet the recreational needs of City residents.
Additional Planning, Code Revisions
Each of the facilities outlined above require further planning and design in order to be
implemented. Additionally, the City needs to adopt its Greenway Plan as part of the City's
Comprehensive Plan, and revise the Land Development Codes to require the implementation of
greenway segment and/or neighborhood and community parks as part of the development
approval process.
COMPLETED IMPROVEMENTS
The following improvements were made during Fiscal Year 2005-06 and 2006-07.
Community Parks
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
25
Ezell Hester Park
. Playground equipment
. Park furniture
Neighborhood Parks
Boynton Lakes Park
. Replacement of play equipment
. Landscaping
. Park furniture
Laurel Hills Park
. Single rail fence
· Resurface basketball court
. Replace basketball standards
Meadows Park
. Replacement of play equipment
. Landscaping
. Park furniture
Forest Hill Park
. Replacement of fence
. Park furniture
Retrofit Galaxy Park
. Park furniture
Retrofit Pioneer Canal Park
· Resurface tennis courts
· Single rail perimeter fence
. Renovation of restroom
. Resurface basketball courts
New Neighborhood Park - Knollwood Park
. Walking trail
· Gazebo
· Littoral plantings
· Parking lot
. Landscaping
· Irrigation
New Neighborhood Park - Southeast Neighborhood Park
· Picnic shelter/restroom
. Two (2) pavilions
· Two (2) bocce ball courts
. Play equipment
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
26
. Walking trail
. Parking lot
. Landscaping
. Irrigation
Special Use Facilities
Boynton Beach Memorial Park
. Re-Iandscaping
Little League Park
. renovated irrigation
. Replacement of lighting system
. Renovation of four (4) fields
. Renovation of concession building
. Painting of restrooms and dugouts
. Landscaping
Congress Avenue Community Park
. Landscaping around tennis courts
. Removal of exotic plant material
· Replacement of landscape buffer
Urban Open/Civic Space
Heritage Park
. Removal of planters
. Installation of 35 palms
Water/Beach Access Parks
Oceanfront Park
. Paint all buildings
. Replace lifeguard towers
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
27
City of Boynton Beach
Recreation & Open Space Element
Goals, Objectives and Policies
GoalS To create and maintain an interconnected system of
aesthetically pleasing, functional, and well-maintained
parks, pedestrian! bikeways, green s, blueways and
natural areas that will adequate I "the needs of the
current and future residents of t~tJJ of Boynton Beach,
including seasonal visitors, fl!J!a s~ql groups such as
the elderly and handicapp~ , . .... ..
--"---...:..., -
--..... . -- '
_. ,~
-. -~
The City shall also sCS!l!inue t07/:rovide a v~' of high
quality parks and ~reCTe:t:I:L-ion ~ted progriltns for all
residents. ...... ...........- - -
::-., - .-- - --
---......- -
Objective 5.1 The City shall ~e a system of~k ~jtes with a variety of
both user-oriente&i~urce basea:f.acllities and recreational
- _. -
programs to serve Fl!.e ne~urrenFand future City residents
consi~tent with the ~a!:...~c P~ed April 2007 as defined in
t~':ik~al Suppo~ocumentaiIon. -
-..... ~ :.
~ ~- ...-
-~"-- ~, ~
;;'"..tiWtlents QElhe system s1la11::o-include:
- - -.-..
.riUr - n/ Civic::5paces
.. ~jgh rks
-~ .. Community Parks
. ,,- Speci~e Facilities
~ ~=- .E;:;iWater ~ach Access
-- .~reen~ays / Bikeways / Trails
. ~onservation Lands
. ... ,.. .. Eftegional Parks
........ -=:'"". Schools / School Parks
i'::"' Private Recreational Facilities
'. Art in Parks and other Public Spaces
Policy 5.1.1
The City shall continue to assess park adequacy, future facility
needs, and user preferences and willingness to pay through, at a
minimum, the following methods:
City of Boynton Beach
EAR-based Amendments
Proposed
5-1
Date
Recreation & Open Space Element
Not Adopted
Policy 5.1.2
Policy 5.1.3
Objective 5.2
Policy 5.2.1
Policr:..&;~.2
---~
Policy 5.2.3
A. Input from the City's Parks and Recreation Advisory Board,
special interest groups, and public meetings, solicited
biannually; and,
B. Park surveys conducted on a five-year basis, beginning in
February 2007.
The City shall continue to provide a variety of parks and recreation
programs for its residents, including the City's baseball, softball,
and soccer programs, and other progra~Jt,~tennis, racquetball,
and other activities as needed. _..:,. "-'" ... .
The City shall endeavor to inco!p~te art i&'t::all parks and public
spaces throughout the City a~implemenffi\iim. strategy of the
Art in Public Spaces program'. '-:.,.
- '.-.
~" -...
~ ~"",..."
,'" .,' ..... -, -" -.......,..---'."
The City shall ensure- ad~iJe ~~~afe public}Fccess to all
existing and future City par~~reational facilities, and local
waterways. This. effort shall inCtiBl~ vehicular, pedestrian, trail,
bicycle, and ha~pped access ~han continue to improve
and increase acct!!~.arks and re1l:ili~fonal facilities, where
available space ~ists,. rovidi9f adequate automobile
parking, bike rack ~ili~s, ~dicap access to all existing
an~ed, neighbi!4ft>od an ]m>mmunity parks operated by
Ji~ City ~he year 20i%~ -
~~~~T. c 7 :J~~
Tfi~ity si'all continue ~C?'-provide bike rack facilities within all
___ park~13~=i~~~€'': adoption of this Plan.
" ..:....~ "..-
~, --'
'~, '~-
~~ 2, tli~ spall provide bike rack facilities within all existing
nei~rhood~ld community parks. Facilities shall be monitored
as p~ of d1.e on-going maintenance effort and deficiencies
._ correciiI within 18 months of the monitoring report. Private
-:""'':'"_.. spon~~ship of bike racks will be explored if City funding is
'-::3na~uate.
<<The City shall continue to examine the extent of barrier-free access
within neighborhood and district parks, and deficiencies will be
addressed in a Strategic Plan that sets the phasing and funding.
The City shall adopt the land development regulations to require
that all future parks, and applicable facilities, include barrier-free
design for the handicapped to be retrofitted, if funds are available,
at a rate of three parks per year.
City of Boynton Beach 5-2
EAR-based Amendments
Proposed
Policy 5.2.4
Date
Recreation & Open Space Element
Not Adopted
Policy 5.2.5
Policy 5.2.7
Policy 5.2.8
Policy 5.2.9
Objective 5.3
..-
-'-
~, -
-
--
Policy 5.3.1
Policy 5.3.2
The City shall continue to provide, contingent upon assistance or
support from County and/ or the Community Redevelopment
Agency, a shuttle service for patrons of beach front parks.
The City shall ensure that future park sites and facility
improvements provide for accessibility of park sites and
recreational facilities to handicapped user:S;..~and shall ensure the
adequate provision of vehicular, bicycl~:an1,,:t. pedestrian access
ways. .. .J. ..... .
Through the development of th~ity ~way and Bikeway
Master Plan, approved in Au _ zJ:, the Cit~.ll promote safe,
interconnected pedestrian.J.i5kages for its par~d recreation
network through proviE:i~of gree~ways, trails, ~ks, bike
paths and bike lanes, whe~::~pprqi.iafe, to conne~each of the
City's individual parks and fa~es with schools, ~here feasible,
to provide resi~ts with access ~he City's parks and schools
systems. ~. · ......................:
The City shall con~ue uce axiW distribute informational
newsletters and per~i.s;,fioc at descr:Q:>e the City's park
an~on facilitie~nd progr
.-:::.:::: .,: .::; ,:::,
-_. -""!'
~ "--". -~
- - -
:t' '1.:ili-Q., City Si.ill establish~ enforce standards and programs to
ens~ t~jQ.yisition_.iihd development of park sites and
recredtiWial fa~ufficient to meet current and future
~ands~he City sball also ensure additional public access to
re~tion 's.igh}!: providing parks and recreation facilities using,
in ~rt, c~nt population data and projections, and
implementingthe improvements outlined in Exhibit 2, Proposed
Impr~ments to the Parks and Recreation System, included in
..., the Strategic Plan.
.~ City shall adopt and maintain a level of service of 2.5 acres of
:t1eveloped parkland per 1,000 residents.
The following are advisory level of service standards for the
recreation facilities:
· Baseball/Soft, Youth - 1 per 15,000 persons,
· Baseball, Reg. -1 per 25,000 persons,
· Basketball Courts - 1 per 4,000 persons,
City of Boynton Beach
EAR-based Amendments
Proposed
5-3
Date
Recreation & Open Space Element
Not Adopted
Policy 5.3.3
.
Community Center (1) -1 per 25,000 persons,
Fitness Trail (2) - 1 per 30,000 persons,
Football/Soccer Fields -1 per 40,000 persons,
Multipurpose Field - 1 per 10,000 persons,
Racquetball Court -1 per 10,000 persons,
Picnic Areas -1 per 3,000 persons,
Playgrounds -1 per 4,000 persons,
Shuffleboard Court -1 per 5,000 pera~,
Pool (3) - 1 per 40,000 persons, ~~..:::-
Tennis Court - 1 per 2,000 pers@~.
Bocce Court -1 per 25,000 ps::sons,. '.::,_
Volleyball Court - 1 per ~OCi:~ersoriS;~ad
Skate Park - 1 per 65,~'petSons. ".::if;',.,.
.
.
.
.
.
.
.
.
.
.
.
.
"'..-- ,
The City shall establ1:i1:'t;~ervic€=..Standards" - ft;;?provide a
framework of ideal standard~d4ffiisSiiication for~ft:s Parks and
Recreation System. These starriiiads are not part of the City's
adopted level ofE.:se..rvice and are ~~d only as a guide for land
acquisition and f~~rovision. T~~r~,:'established as part of
the City's goal for S~tti. . e standa~'Sfor an "Ideal City Parks
System" to meet res~nts' . . -reci-eation needs. Elements of
the ~ include: .~_.::-
-- -
j~>. Desbped
~LO~.
Activ~~_~:rks and Open Space (Measured by
'rborhood/School Parks - 1/2 - 1 mile from
~-- -
-_. - siden
.'-
. <.<>. G .. . Community Parks - 25 - 40 acres, 25 %
... .. ...:~ prese~"!'for open spac~, 3 miles from every resident
~OAL:~ Community Centers - minimum of 4,000
ijuare feet; 3 miles from every resident
.._-- ~OAL: Special Use Facilities (dog parks, sports
...._ ..,;:::complexes, etc), 3 miles from every resident
B,? In addition, the City shall set the following nomenclature for
undeveloped/ passive parks and open space: Urban
Open/Civic Spaces; Water/Beach Access;
Greenways/Bikeways/Trails; Regional Parks; Community
Parks; Neighborhood Parks; Special Use Facilities; and
Conservation Lands as identified on the Future Parks and
Recreation System Map in the Strategic Plan.
City of Boynton Beach
EAR-based Amendments
Proposed
5-4
Date
Recreation & Open Space Element
N at Adopted
Policy 5.3.4
Policy 5.3.5
Objective 5.4
Policy 5.4.1
Policy 5.4.2
Policy 5.4.3
For areas annexed into the City which are platted, developed,
under development, or have approved development plans in Palm
Beach County, the level of service at time of annexation shall be
assumed to be that provided by existing park facilities serving the
area.
The City shall pursue the development of facilities consistent with
Exhibit 1, Future Parks and Recreation Syst~ Map, and Exhibit 2,
Proposed Parks and Recreation System I~ments, included in
the Strategic Plan which shall be updat~nnually.
The City shall maximize the us.e ~ publi~ private resources
in the provision of recreatioa~acilities fO;;;:.Jneet current and
future demands. . . . . ,,",.
.. - .',. __ '"':.., -,:~ t _ _ _', _...:..
-, - ~
The City shall require tfie p~:tSion ~sreation facil~s and open
space by public agencies andm. evelopers.'
- ~
- ~
City shall ensur~ture private'~ell as dedicated areas, are
developed to m. _' . ied need~sidents and address
geographic deficien". ~_ .?
Th~1f:~~hall contf'l:!!'e, throujf. its ~interlocal agreement, to
.,BIDuate '.opportunitres for the joint use of existing public school
_. · ~'..,City ii:reational fc:i"eilities and, as new public schools are
pl~, ~Ddeavor ~~oordinate with the Palm Beach County
Scho6': !~ara~~cation and design of future joint use
~eati~sites.-
- '-
-" --..
~ '-.,
~ -,-
The~tr shal?untinue to permit agreements and cooperate with
private:. recreational organizations for use of City parks and
facilitiii in order to provide a variety of recreational programs.
'C~b~ity shall continue to make parks and recreation facilities
~ailable to private and non-profit groups for cultural programs,
'~pecial events and festivals, which serve the public interest.
PoliCy~ , _:...
...-.
Policy 5.4.5
Objective 5.6
The City shall implement the approved Greenway and Bikeway
Master Plan (August 2004) to ensure safe access to park sites and
shall evaluate available opportunities for the acquisition and
development of bike/trail networks which will link park sites
(including pedestrian and bicycle trails).
City of Boynton Beach
EAR-based Amendments
Proposed
5-5
Date
Recreation & Open Space Element
Not Adopted
Policy 5.6.1
Policy 5.6.2
Policy 5.6.3
Policy 5.6.4
The City shall consider the construction of a network of pedestrian,
bicycle, recreational, and public access trails that connects to the
County's trail system. The intent of the network shall be to
interconnect existing parks and facilities and additional recreational
facilities for pedestrian activities. The City shall coordinate with
the Metropolitan Planning Organization, Florida Department of
Transportation, Palm Beach County and other appropriate agencies
to study and implement options for coordinated provision of an
interconnected trail network. ,_'-~ -.-
The City shall apply for grants.?-an~'5~ther funds for trail
development from the Florid~ ~partrrf~-..of Environmental
Protection, other sources of re:r~ent an~'1!b.vate grants, and
possibly voter-based refereD3.ia. .-_=.'.
The City shall continu{.~~3~luatL~ amend, i:-"'.l).eC~ssary, the
Land Development regulatio - ublic road design standards
for bike paths and/ or lanes in ~nction with roadway design
and improveme~~"':.:-,-_2...,... .;.~
-... .......: :~;
The City shall cooifiinate:~i12:~Jhe FlOJi!lcia Trail Association, the
Rails _!o Trails Ci!ns~ancy~€ Florida Department of
E~tal Protecfi!:Il Office o~reenways and Trails and other
..:S:ganizal~ involved ~... the acquisition and development of trail
-- ms wiiiin Palm Bea&..c:ounty.
~:~'-"~:"'" ~
,,,,.)1'"
Objective 5.7---. rhe --.:..' 0 fund the acquisition and development
_--' -..arks~en space and recreational facilities through the use of
~, a~ety O~:Dding sources such as the general fund, developer
,--.- co.rii~~!/.llent~ants, bonds, user fees, and impact fees.
'~--= -
Policy 5.7.1 ',_ The c...1j- shall review the City's Recreation Impact Fee regulations
-: biaI111i!m.lly in order to assure that new development contributes its
'~~~6rtional share of the cost to expand recreation facilities.
The City shall continue to pursue County, State and Federal Grants
for the acquisition and development of recreational and open space
lands and facilities.
Policy 5.7.2
5-6
Date
Recreation & Open Space Element
Not Adopted
City of Boynton Beach
EAR-based Amendments
Proposed
Policy 5.7.3
The City shall continue to pursue donations of land and matching
funds to secure grants for the acquisition and development of park
sites and facilities.
Policy 5.7.4
The City shall continue to apply the concept of user fees to offset
the cost of certain facilities where appropriate.
Policy 5.7.5 The City shall evaluate a bond issue tfl. generate additional
parkland, trails, and open space funds to~needs, if approved
by a public referendum. _,.... .........
Policy 5.7.6 Notwithstanding rules and regula~s go~~jng the use of lands
acquired through dedication ~efc'means,~wned parkland
or property dedicated for~creati~nal/park use~hould only be
sold or converted for al!..~ve use~ supported by~nt needs
and demand analysis, IS n~ted~uture devel2flnlent in the
Strategic Plan or Capital Imp -ents -Program, and if deemed
necessary to fUf!!1.er other goaIs-..~.:... objectives as supported by
current action of~!y Commissiol't:;~~. ~
~'~.. ..:.",,:-
Policy 5.7.7 Undeveloped land~esi~~futu~park and recreation sites
shall ~rotected froija eueroad~';{;y adjacent development.
~ ~~' 7
Objective 5.8 "e Ci~all devel~ a syste~ of open spaces through the
rvatiQiJ and/or ac~isition of significant lands, native
ha ""'-- ~Q=habitat ofpdangered, threatened and species of
,.:- -=.ciii,gncerHo. ........_r-
POlip~~. =n~_ preservati~~e;~~~~s::: ~~~o':s~::~lo~~~::e~
and ~"'port Document.
Policy 5.8.2 . . The j5ty shall coordinate with the Florida Department of
'''~,:M:iiDnmental Protection and all other appropriate agencies to
f@tablish and revise regulations and programs for the acquisition of
"natural/ environmental lands.
Policy 5.8.3
The City shall incorporate natural open space, especially wetlands
and areas unsuitable for development into neighborhood and
corrununity parks, as passive recreation space.
City of Boynton Beach
EAR-based Amendments
Proposed
5-7
Date
Recreation & Open Space Element
Not Adopted
Policy 5.8.4
The City shall encourage the incorporation of open space into all new
non-residential projects, in addition to any environmentally sensitive
areas preserved.
The City shall work in conjunction with the State of Florida, the
South Florida Water Management District, the Nature
Conservancy, the Trust for Public Lands, and other appropriate
agencies involved in conservation lands to Jiireate a citywide open
space system and a greenways/ trails/bl~a:ys.system.
----
"",- -
",_. -,
-".",... ---
-" -<
-- -'"
,~"'- ---
-". ---
-, --.
"""" ---""
- "',_..
Policy 5.8.5
City of Boynton Beach
EAR-based Amendments
Proposed
5-8
Date
Recreation & Open Space Element
Not Adopted
IX. - CITY MANAGER'S
REPORT
ITEM A
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to CiN Clerk's Office Meeting Dates in to CiN Clerk's Office
r8J December 18, 2007 December 3,2007 (Noon) 0 February 19, 2008 February 4,2008 (Noon)
0 January 2, 2008 December] 7,2007 (Noon) 0 March 4, 2008 February] 9,2008 (Noon)
0 January 15,2008 December 31, 2007 (Noon) 0 March 18,2008 March 3, 2008 (Noon)
0 February 5,2008 January ]4,2008 (Noon) 0 April], 2008 March] 7,2008 (Noon)
0 Anno uncementslPresentations r8J City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA TION: Accept report from the American Assembly Implementation Team on the Sub-Committee
recommendations for implementation of the American Assembly Policy Statement.
EXPLANATION: The "BOYNTON BEACH ASSEMBLY: COMMITTING TO OUR FUTURE" was held on
October 20 and 21, 2006 at Hutchinson Island Marriott Beach Resort, Hutchinson Island, Florida and engaged over 70
citizens on the framework of a multi-year strategic plan for Boynton Beach. This effort was a sequel to the "Visions 20/20"
effort in 1996. The assembly's purpose was to establish a shared vision for the future of Boynton Beach and policy
recommendations for moving the City toward that goal. The result of the assembly was a policy statement and
implementation outline document. As part of the implementation process the Boynton Beach City Commission appointed five
(5) citizens to function as an Implementation Team, and established five (5) sub-committees. Those sub-committees are:
1) Public Communications and Governance, 2) Neighborhood Revitalization, Affordable Housing, Business
Development and Retention, 3) Infrastructure, 4) Education and 5) Community Relations.
The Implementation Team began meeting in January 2007. From the original policy statement and implementation outline
document, they created an implementation "Sub-Committee Assignments" document that list Action Items with brief
explanations for each sub-committee. Applications for committee participants had been publicized and distributed, and on
April ]2,2007, the Implementation Team had enough volunteers in the talent bank to fill the committee memberships. A city
staff member for each sub-committee was appointed by the City Manager. The first meeting of the sub-committees was held at
the Madsen Center on April 30,2007. At that meeting, each sub-committee was asked to choose a Chairperson, and they then
were responsible for setting their meeting schedule and providing a final recommendation report to the Implementation Team
by August 27, 2007.
The final report being submitted to the Commission includes the Action Items specific to the individual sub-committee, their
report with recommendations in response to those action items, and a status update on those action item recommendations that
have been or are currently being addressed by the City and CRA. Based on this report, the Commission will be asked to make
policy decisions on which recommendations are to be implemented by City staff, CRA staff, or the community through
established agencies and organizations, advisory boards, or the formation of citizen committees. City staff suggests a timeline
for the Commission to discuss recommendations by individual sub-committee at separate Commission meetings as follows:
. Communication and Governance January 2, 2008 Commission Meeting
. Education January 15,2008 Commission Meeting
. Infrastructure February 5, 2008 Commission Meeting
. Neighborhood Revitalization & Affordable Housing February 19,2008 Commission Meeting
. Community Relations March 4, 2008 Commission Meeting
S\BULLETINlFORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Meetings dates are subject to change at the discretion of the City Commission. Having the recommendation discussions in a
forum open to the public preserves the intent of the American Assembly process which is to actively engage the citizens of a
community in the strategic planning process.
PROGRAM IMPACT: None at this time. However, depending on which recommendations are chosen by the Commission
for implementation, programming and staffing within the City organization may be affected.
FISCAL IMPACT: None at this time. However, depending on which recommendations are chosen by the Commission for
implementation, there could be significant cost increases associated with programming and staffing within the City
organization.
ALTERNATIVES: Not to accept the report. Not to hold public forum discussions on the recommendations. Not to make
implementation policy based on the report.
1
~~
City Manager's Signature
Assistant to City Manager
C/Wt-
Cdf m~::::rm~
City Attorney / Finance
S\l3ULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Boynton Beach Assem bly 2007
PUBLIC COMMUNICATIONS AND GOVERNANCE
Sub-Committee Assignments
Taken from Policy Statement Document.
PUBLIC COMMUNICATIONS AND GOVERNANCE - This includes
improving the mission and effectiveness of advisory boards, outreach efforts
of the City and public information and communication.
Assiqnments for Public Communications and Governance:
Political divisions are inevitable in a large, diverse, South Florida city, but in
Boynton Beach they are exacerbated by the fact that single-member districts
for City Commissioners may foster parochialism among Commissioners and
citizens alike. City Commissioners try to represent the whole City, but they
are inevitably focused on the districts from which they are elected. Their
constituents often tend to follow suit because, for good reasons, citizens are
encouraged to take their issues to the commissioner from their district.
Action Item: Identify the extent of any perceived divisions created by
single member districts and develop strategies for minimizing these
divisions.
Action Item: Evaluate the pros and cons of single member districts and
make recommendations to alternative structures.
Encourage the most qualified individuals to seek election to the Commission,
and allow the Commissioners to devote the time necessary to properly carry
out their duties, by raising the salaries of the Commissioners and Mayor.
Action Item: Evaluate the pros and cons of full-time versus part-time
Commissioners and what level of salary would be appropriate for each,
along with comparing salaries to those of other municipalities.
Take the City to the community. Encourage Commissioners and other City
officials to attend community meetings to inform citizens of City goals and
other news.
Promote cohesion within the City government.
a. Develop a plan for holding semi-annual goal-setting and
brainstorming sessions.
b. Establish clear goals and objectives for advisory boards, and
suggest means for holding them accountable.
c. Establish a training program for advisory board members to give
them a city-wide perspective.
Augment the City's public information activities.
a. Publish information about City decision-making processes.
b. Establish a central call center to notify citizens of upcoming
meetings, openings on advisory boards, etc.
c. Convey information through faith-based institutions.
d. Publicize, translate, and broaden the distribution of the City
Services Guide.
EXECUTIVE SUMMARY
SUBMITTED BY THE SUBCOMMITTEE ON
PUBLIC COMMUNICATIONS & GOVERNANCE
After extensive research, below are the recommendations set forth within this
report:
. Add two (2) additional Mega-Districts (to result in 6 commissioners, 1 mayor) forming a hybrid of
single member and at-large commission system
. Maintain current PT status and pay scales for city politicians
. Strongly encourage newly elected officials and advisory boards to engage in education from the
FL League of Cities' already established programs (Institute of Municipal Officials and special 4-
hour workshop on better citizen's advisory boards
. Create a handbook for newly appointed advisory boards that includes a signed statement
confirming they have read the information
. Consider making commissioners and mayor eligible for city's pension plan
. Hold advisory boards accountable via quarterly or biannual reports of goals and objectives
utilizing existing reports already utilized by department heads
. Subject prospective advisory board members to a background check
. Engage non-partisan group such as League of W omen Voters to provide information on
candidates and utilize main congregating areas such as the library, city hall, etc., to post such
information for people to learn more about the people vying for commission/mayoral posts
· Encourage city employees to be pleasant, smile and utilize "friendly] 0]" response-style behaviors
with customers/taxpayers; ways to better train could be to make the Ritz-Carlton seminar that was
held at the library an annual event for people on the frontlines of community interaction
. Hold department heads accountable for funneling information to the head Public Information
Officer
. Conduct a citywide satisfaction survey
· Examine current codes of advisory boards and update to better conform with current needs
(example: repurposing Community Relations Board to get a larger number of people to vote-
Boynton Beach, non gubernatorial, non presidential election year - 15.75% voter turnout,
compared to 39.5% national average - turnout here is abysmal)
. Come up with a key message for the city and stick with it. The city, not the media, must shape the
message of the city.
. Consider hiring a PR firm to assist with the beginning stages of shaping and solidifying the
message. The CRA has a PR firm. The city should as well.
· Rely more heavily on the web site for better communications and like other cities, include place to
sign up for email updates on upcoming events, commission meetings, advisory board meeting
agendas and minutes, etc.
MISSION
The purpose of the Subcommittee on Public Communications and Governance is to
promote a sense of mission for the city which sets the city on a positive course and
improves the lives of its people through the political process. We do this by:
. fostering a citywide perspective through governance
. promoting civic engagement through improved communications vehicles
. developing a framework for cohesive messaging for the city
The mission is to set the tone for a better Boynton Beach.
ACTION ITEM
Identify the extent of any perceived divisions created by single member districts and
develop strategies for minimizing these divisions.
SINGLE MEMBER VS. AT-LARGE - PROS & CONS
It is the perception of this subcommittee that single member districts, in and of
themselves, do not provide the ideal platform for members of the Commission to
demonstrate that, on a continuous, consistent and credible basis, they indeed represent the
"whole" of the city of Boynton Beach as they consider and cast their votes on certain
agenda issues which they confront every two weeks.
Most recently this problem has been exacerbated with commissioners also filling the role
of CRA board. While it is not universal, there have been too many occasions when
statements such as the following have been made:
"The people J represent do not believe that J should support this measure because
OR
"Mv district thinks ..... and therefore I have to vote this way.... "
OR
"This is not goodfor my district.. and therefore I vote against {his measure"
These references reinforce the ties between commission members and their respective
districts rather than the entire city.
In order for the "whole" of the city of Boynton Beach to grow as a cohesive unit the
cOlTIm iss ion must move closer toward representing the interests of the entire city.
RECOMMENDATIONS TO FOSTER STRONGER CITY-WIDE PERSPECTIVE
I. EDUCATION: There are opportunities offered by groups such as the Florida
League of Cities that emphasizes better governance and offers background in
basic principals and practices for municipal government. This way, governance
on a grander scale becomes a top priority both for the Commission as an entity
and its individual members. It has been observed at commission meetings that
such basic issues as moving from discussion to motion formulation need attention
and development.
a. Institute of Municipal Officials (IMO) - this is one prime example of a
program that is ideal for newly elected officials; we have also been
advised that some officials attend periodically as a 'refresher course;' this
is something the sub-committee also recommends
b. Possibility could be that the city sponsors and also strongly encourages
newly elected Commissioners to attend an IMO conference
2. EXPERIENCED CANDIDATES: Another concept the group devised was having
the city partner with a non-partisan group, such as the League of Women Voters,
to disseminate information on all of the candidates in each district so the
electorate is better informed on the caliber of clients. One question that could be
included in this non-partisan voluntary backgrounder on candidates would be
confinnation as to whether the candidates attended a governance education
program such as IMO,
ACTION ITEM
Evaluate the pros and cons of single member districts and make recommendations to
alternative structures.
SINGLE MEMBER & AT-LARGE HYBRID
The subcommittee believes that some concrete measure must be taken to create a
structural change on the Commission which will address a needed shift beyond the
present structure of single member districts. Our proposed enhancement to the current
structure demonstrates that members of the Commission do consider issues which affect
the entire city.
A way to ensure this is to have more members of the Commission (other than the Mayor)
elected by the entire electorate of the city,
INFLUENCES
2011 CENSUS: Based on perceptions and known demographic shifts which have
already occurred, it is believed that district lines will be redrawn following the next
census in order to maintain racial and socioeconomic balance,
VOTING BLOCKS: A further consideration must be given to powerful voting blocks
which exist under the current system.
WESTERN PUSH: In anticipation of what is to come, this subcommittee envisions the
possible shift westward of the current 1-95 line which separates the two eastern and two
western districts as emerging socioeconomic trends seem to indicate. The Congress
corridor as well as the growth of communities west of 1-95 will contribute to this shift of
the east - west line.
In making these observations and recommendations we were influenced by the
demographic information contained in The Development Atlas of the City of Boynton
Beach (October, 2005) and Reapportionment Information (Redistricting 2002) - two
documents which weighed heavily regarding this recommendation from this
subcommittee.
OPTION A
(NORTI-I/SOUTH) MEGA DISTRICTS
i_+..J-!_
MEGA- I l.:=~
DISTRlct't ~:
6 . ~
MEGA-
DISTRIC
6
OPTION B
(EAST/WEST) MEGA DISTRICTS
RECOMMENDA nONS
I n order to help create a structure which will force the issue of representing the interests
of the entire city in its deliberations, we unanimously propose:
I. MEGA-DISTRICTS: The creation of two "mega districts" (see options A & B)
which would each overlay existing districts. The difference here is that these
mega-district candidates would be elected by the entire electorate. Candidates
must reside in their respective "mega district." These candidates will demonstrate
qualifications and aptitudes for dealing with issues which affect the city as a
whole.
a. INTENDED OUTCOMES:
l. Trend toward greater citv perspective: This structural change will
be a concrete step away from strict adherence to "my district - my
vote. "
II. Added incentive with increased pay: Envisioning that the work of
the commissioners elected to represent these "mega districts" will
be more encompassing than the existing single member districts,
we propose that the salary paid to "mega district" commissioners
be higher than single member district commissioners.
1. Caveat: This factor will serve as a principal of attraction for
citizens to run for office and seek these specific positions.
This aspect of salary must be aligned with the issue which
will be addressed in a later section of this document -
namely "FT vs, PT commissioners"
While this recommendation is made in anticipation of what was addressed earlier, i.e,
shifting district lines to conform what we perceive as possible future trends, we envision
that Mega District 5 will overlap existing single members districts 2 and 4 - the northern
portion of the city; Mega District 6 will overlap with single member districts I and 3 -
the southern portion of the city.
Variances (see Option B reflecting an east/west mega district) of this restructuring are
also envisioned but the subcommittee favors this pattern especially if the 1-95 dividing
line moves in a westerly direction.
FULL TIME VS. PART -TIME & COMPENSATION
ACTION ITEM
Evaluate the pros and cons of full-time versus part-time Commissioners and what level of
salary would be appropriate for each.
RECOMMENDA TION
After considering the comparative salaries of several other local municipalities, this
subcommittee believes in maintaining the part-time nature of all elected positions.
Add itionally, taking inventory of current pay scales of other cities compared to Boynton
Beach, factoring in population size, number of elected officials, the latest increase in pay
that took effect April of 2007 for Boynton Beach, the subcommittee recommends no pay
increase at this point in time.
We propose the following salary structure for Mayor and Commissioners:
Mayor - Stay at existing $19',096 + expenses $552.50/mo.
Mega District Commissioners: (mid-range of existing) $17,904/year + expenses approx.
$520.00
Single Member District Commissioners - Stay at existing $15.914 + expenses
$510.00/mo
PENSION ELIGIBILITY: In addition, we propose that a provision be made for some
inclusion of the Mayor and Commissioners in a pension benefit program. Elected
Officials in the state participate in a specific class of the Florida Retirement System
(FRS); some similar consideration should be given to elected officials in the City of
Boynton Beach.
Vesting in the FRS plan commences upon completion of six years of employment: for the
city of West Palm Beach, Commissioners become eligible after six months of service:
admitting Boynton Beach elected officials either to FRS or another plan presumes that it
be of benefit to an individual only after term limits would dictate a departure from elected
office with an eventual return after "sitting out" either a term or period of lapsed service
(e.g. complete two terms and then fill a vacant seat by appointment).
WITH RESPECT TO ADVISORY BOARDS...
THE OPPORTUNITY: Boynton Beach residents have the opportunity to become
actively engaged in their community by serving on the City's Advisory Boards.
THE REALITY: Vacant seats are filled by Comm issioners; although it seems most don't take
the opportunity to do so. Additionally, according to the City Code, each board has a specific
focus and is expected to make periodic recommendations and submit fact finding to the City
Commission within its area of concern. However, within the last 24 months, not a sinele
advisory board has submitted a report to the commission as the code instructs.
Add itionally, upon reviewing the meeting minutes of several of the advisory boards, the
subcommittee members found that the boards often lack...
. A clear direction,
. Tangible goals
. Objectives.
THE SOLUTION: In order to strengthen the advisory boards, the subcommittee
recommends that the following steps be taken:
1. FL LEAGUE OF CITIES TRAINING:
a. BUILT-IN TRAINING SESSION: Once a year, the City should sponsor
a training session for new advisory board members. The Florida League of
Cities, which conducts advisory board training at locations throughout the
state, could provide the training or might be able to recommend training
facilitators from the South Florida area.
b. ADVISORY BOARD SEMINARS
I. Five held each year across the state
II. New budget cycle in October - however, there is a vacancy
between now and then that could be held in Boynton Beach.
Requirements to host such a seminar:
]. Space and a place to accommodate 45-60 participants
") Registration booth organizer and name badges
3. Refreshments
The remaining costs and arrangements are covered by the FL League of Cities.
Contact: Jan Piland
Phone: 850-222-9684
Email: ipiland@flcities.com
c. EFFECTIVENESS: The City of Lauderdale Lakes recently hosted this
training and the City Clerk reported that the feedback from the participants
was very positive. She also believes it has made a difference in how the
boards are now functioning. The handout from this workshop, Successful
Citizen Advisory Boards and Committees, is attached to this report.
2. DEVELOP AND DISTRIBUTE ADVISORY BOARD HANDBOOK TO
NEWL Y APPOINTED BOARD MEMBERS:
a. The subcommittee unanimously agreed that the city should produce a
handbook for all newly appointed advisory board members. Each member
of an advisory board would receive this manual and be responsible for
signing an agreement that the material has been read and understood,
These handbooks should contain the following, but in no way is this list
exhaustive:
I. Excerpts from Robert's Rules of Order
11. Copy of Florida's Sunshine Laws
111. F AQ section
1. How often the board meets
2, Attendance requirements
IV. Definition of respective advisory board
v. Yearly goals sheet
VI. Minimized copy of the quarterly report submission
VII. Sample of an agenda
VIII. Notes area
IX. Key contacts
1. City government & officials
3. QUARTERLY OR BIANNUAL REPORTS: To foster accountability, each
board, working in collaboration with its City staff liaison, should establish annual
goals and objectives that include measurements for success, Progress on the
objectives should be provided to the City Commission in a written report on a
quarterly or biannual basis. The template for this report may be the form used by
City departments to track their goals and objectives or a similar form used by the
advisory boards in Lauderdale Lakes. Both forms are attached to this report.
4. BETTER DISSEMINATION OF OPEN POSITIONS & INTERNET
USAGE: The subcommittee also suggests that the City review the current
process by which a citizen applies for appointment to an advisory board. More
citizens might be interested in applying for appointment if they knew more about
the advisory boards, At the present time, vacancies on boards are noted only in
Commission agendas; the subcommittee recommends dedicating a separate
section of the city's web site to provide notice of advisory board vacancies. As
more people are learning to use the Internet to access information, the City's
website should have:
a. A section describing the advisory boards
b. An online application
TAKING INVENTORY: Some advisory boards were established to address needs within the
city that may have become in many ways obsolete, failing to address current issues. The
subcommittee recommends the possibility of establishing an ad hoc committee to assess current
advisory codes and
update them
accordingly with
respect to current
needs.
were in the wrong meeting room!
EXAMPLE:
COMMUNITY
RELA TIONS- The
Community Relations
Board was established
to hear grievances.
One of our members is
a past board member.
She reports being
"crestfallen" when
people would come
and not have a
grievance but rather
The Community Relations Board could be bestowed with the job of increasing voter turn out
through community relations campaigns.
The subcommittee carefully reviewed voter turnout for each precinct (within districts) for the last
two election cycles.
The Commission should take note from the graph above that even in a non-presidential election
year, when voter turnout is universally low, Boynton falls much lower than both national and
state averages when it comes to voter turnout. Of course, maintaining non-partisan im partial ity
with a task like this is paramount. But this would give the board a tangible goal to work toward
and achieve, and in turn help the city by having a higher number of the electorate being engaged
in the process.
This is just one example of repurposing an advisory board. This provides the board with a
tangible task that is also time sensitive and holds members accountable while giving them
purpose and a sense of value.
BACKGROUND CHECKS: In order to protect the interests of the City, especially where
budgets such as the CRA budget (approx. $9M per year) are being governed by these boards. the
advisory board application should note that applicants would be subject to a background check.
We verified this with the city attorney that this is within the right of the city. It also stands to
help bolster the electorate's confidence in the public process. Additionally, if it were discovered
by members of the media that someone was sitting on a board say for example, youth and
education, and the person was a convicted pedophile, this would not be a good PR move on the
city's part.
ACTION ITEM
Augment the city's information activities by...
a. Publishing information about city decision-making processes;
b. Establishing a central call center to notify citizens of upcoming meetings,
openings on advisory boards, etc.
c. Convey information through faith-based institutions
d. Publicize, translate and broaden the distribution of the city services guide.
PRELIMINARY RESEARCH
1.) Current state of communications
a. We tackled this issue utilizing the following methods:
1. Interviewed Public Infonnation Officer Wayne Segal
11. Conducted a highly UNscientific survey of the community at large
Ill. Took a closer look at BBTV and opportunities
IV. Explored ways to expound on the impending web site redesign launch in
terms of better communication dissemination
v. Compared the city of Delray's communications vehicles with Boynton's
VI. Learned about the existing processes involved with the different needs and
objectives of PIO's within respective Boynton Beach departments, i.e,
police, fire, utilities, etc.
VII. Researched the processes in which the city communicates upcoming
events to the community and members of the media
VIII. Examined our own experiences concerning communications from the city
ix. Established where the City Services Guide is available and how it's
disseminated
"Kenneth, what's the frequency?"
"I n.formation
A quote made famous by the bizarre mugging of legendary CBS
news anchor Dan Rather in 1986, a quote made infamous by the band
R.E.M. And a question that is often asked by .
married couples
multi-national corporations
And yes, municipalities.
is the currency
of democracy. "
---Thomas Jefferson
What is the frequency? In today's marketplace, information is the currency for much more
than democracy. It's the currency of survival. How important is communications? Now, more
important than perhaps at anytime in the course of human history, Why? Because of what
history tells us.
20,000 years ago... human language and sounds emerge
6,000 years ago... humankind begins writing
500 years ago... Gutenberg's printing press emerges - allowing for widespread dissemination of
books and newspapers cutting across socioeconomic lines and classes
Today... humans interact with computers; satell ites, TV, CNN, rad io, newspapers and the
Internet
ascending, bur during rhe
How well is the city of Boynton Beach communicating its message? We
started by taking inventory of the city's current communications efforts via
an interview with PIO Wayne Segal.
"The information age is
lI"Onsiliol1. Ihel'e lI'ill be pnfound
HIGHLIGHTS OF THAT ONE-ON-ONE DISCUSSION
change and col1iding
I.) City doing a good job of communicating to certain parts of the city
thanks to the Neighborhood Services division
frendoi'. AI rhe end ofir by]O/5,
11 i/I I'eallv be ({ nell' 1I01-1d. eirllel'
because 11'e can deal lIirh rhe
changes (}I' because 11'e can 'r
2.) Successful communications campaigns NOT disaster related
a. HOUSE NUMBERS CAMPAIGN: Encouraging
homeowners to list their addresses on their homes to aid in
--.John r 1'l'lelwnirltl1gllJl1 1IISIIIIIIe elnergency response
b. WATER RESTRICTIONS: Converting the recent water
:;:;;;HH4'.' restrictions notices in Creole and Spanish to cut down water
usage and code enforcement citations
c. BROADER COMMUNITY INVOL VEMENT IN EVENTS: City engaged
Boynton Beach High School to develop scenes for the piratelrenaissance festivals
- turned out 10v~ly - now they're stored and utilized by the high school for plays.
etc.
3.) City services guide is not mailed out to new residents; no welcome to the city kits sent
out; city services guides available primarily via the City Hall in the Mall which is nO\\
closing
4.) The CRA 's marketing director now handles promotion of upcoming city based events on
its own; CRA usually partners with a radio station for upcoming events, but not typically
mainstream morn ing drive stations on a continual basis such as
a. Wild 95.5 (like WPB for Thursday nights on Clematis)
5.) With respect to BBTV -18
a. Up and running
b. Running scrolling updates and music
c. WHAT Irs LACKING
I. No real time line set for getting the channel operational and having the
mandated 5 hours of original programming
II. No budget set forth
III. Not sure who would run it as he is a one-man operation
6.) WEB SITE: Excited about the onset of the new web site launch slated for July 2007 U' as
of this submittal, new site had not yet launched
7.) COMMUNICATIONS VENUES: One obstacle for the city's communications dept. is
deciphering which medium to use
a. Not all seniors are on the web
b. Some prefer web only
8.) City's communications dept. could benefit greatly with greater involvement/assistance
from the Chamber of Commerce
9.) Former programs that used to be conducted by the city
a. Coffee with the Commish
J. Commissioners would schedule time to be in neutral territory such as a
coffee shop, etc., where members ofthe community could come out and
discuss issues that mattered to them with respective commissioners
1. program failed
a. lack of commissioner interest
b. safety concerns in the wake of 9/11
10.) INTERNAL COMMUNICA nONS: City has internal newsletter to foster greater
appreciation across departments within the city
11.) City provides periodic newsletter inserts along with water bills
12.) When asked about the prospect of hiring an outside PR firm to assist with
communications efforts, Mr. Segal advised us that
a. He has primary concerns of staying within his budget
b. Until the city had a clear idea what that message would be, that hiring a PR firm
would be premature at this time
Based upon our discussions, a majority of the sub-committee members agreed that concerted
efforts have been made to keep the city informed. But it appears that not only is the city
struggling with adequate methods to disseminate the city's message, it's also grappling with how
best to shape that message and in fact what that messa2e even is.
RECOMMENDA nONS
The action items set forth originally involved reaching out to faith-based institutions;
establishing a call center, widening the distribution of the city services guide, etc.
While these initiatives have merit for further consideration, before the city can truly take
advantage of any ofthese concepts, the city must first have a very clear understanding of what
their message is,
Before that message can be honed and defined, the sub-committee recommends starting with a
simple step, beginning with the one-on-one interaction between every city worker and its
citizens.
1.) SAY CHEESE: when a citizen sees someone on the frontlines of the
city, whether it be at the utility window, the city clerk's office, the fire
station, the library, city hall on the mall, or even a police officer on the
street, just smiling and acknowledging citizens can go a long way in
changing people's attitudes and views toward the city
a. EXAMPLE: Ritz-Carlton & Customer Service: When the Ritz was being
renovated, the library's director held a customer service seminar with employees;
this is something that could be brought online as a routine exercise. The city
could also give monthly awards to the employee who demonstrates the best sty Ie
of customer service
2.) DEVELOP A MESSAGE & STICK WITH IT: there have been slogans presented and
appl ied to that which is Boynton Beach:
a. Gateway to the Gulfstream
b. City living for the new millennia
c. A Waterfront community - a fishing village
d. Something else?
3.) TARGETED OUTREACH:
a. Delray is a great example of effective communications. Some facts:
i. Department: party of I (and a half, PT employee) -likely being CLlt due to
budget concerns and outsourced to a subcontractor;
II. Generates great hometown newsletter (in electronic AND print versions)
]. covers human interest stories of the city and the community
working together
1I1. provides great outreach on the web site via
I. customized email bulletins for
a. upcoming city events
b. advisory boards
c. commission meeting agenda
d. commission meeting minutes
2. the unique visitor gets to choose what information they receive-
ifs customized, targeted and serves as a tangible link between
constituent and city
4,) CITY'S COMMUNICATIONS PLAN: The city's communications plan concentrates
heavily on ways in which to interact with the media; the subcommittee recommends
expanding the plan to include a requirement that directors funnel more information to the
city's Pia as to whafs going on in their respective areas; whether that information tlO\\S
through departmental Pia's or directly to the city's top Public Information Officer, we
defer that to the city to decide; but there should be added layers of accountabil ity among
department heads to be providing periodic information to the city's top communications
person. Some information for consideration to be submitted:
a. New technologies coming online
b, New employees being hired with unique backgrounds
c. Examples of ways in which dept. heads are cutting costs
d. New facilities opening
e. Ways in which employees are helping surrounding communities through
volunteering activities
f. New ways in which each of these departments is addressing/combating larger
societal issues such as....
i. Crime
ii. New firefighting or crime-fighting technologies/strategies
Ill. Specific: SW AT exercises - great visuals
IV. Training exercises the city may engage in
v. Environmental concerns
VI. Water shortages
VII. Education
VIII. Urban beautification projects
IX. City growth & management
x. Energy conservation
Xl. Anecdotes of the city really helping a member of the community
XII. Specific: Improving animal adoptions at the local animal control- animals
make GREA T stories
XIII. New muni facilities opening - announcements
XIV. Human interest stories - if the story is interesting to you, chances are it
will be interesting to others - need to impart to department heads: DON'T
ASSUME THAT IT'S NOT WORTH SHARING - this is for the Chief
PIO to filter and decide - at the very least provides unique material for
INTERNAL newsletter
5.) UTILIZE NEW TECHNOLOGY
a. The sub-committee recommends launching communications efforts similar to
those of Delray in conjunction with web site redesign launch
b. Members of the sub-committee also recommend expounding on BBTV-18
i. Budgetary constraints: tap into local talent - Dreyfoos School, Boynton
High School, some other magnate
focused on communications, local
Palm Beach Community College or
other entity where impending
graduates need real life internships for
better job placement
WHA T THE PEOPLE SAID.
Virtually 100% of the people we surveyed in our very unscientific survey said in one way or
another that they "had no idea what was going on in the city. "
RECOMMENDA TION
CITYWIDE SATISFACTION SURVEY: The sub-committee recommends hiring a
consulting firm specializing in city satisfaction assessment to find the likes and dislikes of
constituents. We understand that the commission in years past has collectively rejected this
effort, suggesting they have the finger on the pulse of the community. We politely disagree and
encourage the city to engage in a city satisfaction survey.
A city survey from an outside agency not only culls important data as to where our city
constituents are mentally, it also gives members of the community the sense that the city is
listening IN A BROAD, CITYWIDE SENSE, to their concerns, their needs. Engaging
constituents in this manner validates a person's thoughts, ideas and needs.
This would serve as a great vehicle to identifying areas of improvement communications wise
while giving neighbors a sense that their voice matters.
Additionally, historically nationwide, it's been reported that urban redevelopment is the most
difficult of tasks to achieve, because decisions that are made on a person's behalf that largely are
behind the scenes are now front and center and on their front doorstep. Factor that with possible
budget cuts and subsequent cuts to services, there is perhaps no better time than now to have a
citywide satisfaction survey to itemize services that must stay in place.
Add itionally, by hold ing a survey, gleaning an outsider's perspective on a city's current stand ing
with its tax base can identify the city's strongest attributes which in turn can become the most
compelling evidence of what the city's message should be.
"BUT WHA 1"S MY MOTIY A TION?"
Without a clear explanation of motivation, distrust, disenchantment and disdain can grow where
government and its people are concerned.
This breeds a lack of respect between residents and its city employees, which in turn leads to
increased sick days for city workers, affects morale and eventually leads to apathy all the \vay
around. Recent media coverage (Boynton: The 'Pay to Play' City) of the city suggests, real or
perceived, that there is fiagrant distrust in myriad directions.
There have been-fractures in the lines of communication. There have been
misunderstandings. But as Steven Covey's son writes in his bestselling book, Speed of
Lost Trust, in the chapter, "'Restoring 'rrust When It lIas Been Lost." Covey explains:
. Though it can be dimcult. in most cases. lost trust can be restored, and otten
enhanced
. By using the 4 cores and 13 behavior", you can work to restore trust:
I,llll' (orc<
1\.', lngrucnce
Ilnknlil'>Ii
: l .IPdhlllll!.'>
! r~l'.lI Ih
Ihineen Behaviors:
I.) lalk straight
2.) [)cl11onstrate respect
3.) C'reate transparency
~l.) Right wrongs
:' ) ShO\\ loyalty
tl.) Deliver results
.., i lll;,'t better
xi Confront reality
l) I 1;\1'11:1 n.peeLatiorh
In.) Practice accountability
I I.) Listen first
12.) Keep commitments
] 3.) L:xtend trust to others
In conclusion, we want to pay special thanks to our city liaisons, City Risk Manager
Chuck Magazine and Fire Chief Bill Bingham, for their enduring support and expedient
gathering and dissemination of information requested by our members. That information
was invaluable in our generating consensus on these issues and formulating sound
recommendations based upon fact, rather than opinion.
Additionally, the committee believes that by implementing these recommendations for
improving the governance structure, advisory board system and public communications,
the City of Boynton Beach will greatly strengthen its relationship with its residents. It
will be seen as a progressive, open, welcoming community whose residents will want to
become involved - by voting, participating in municipal activities and contributing their
talents - because they know what is going on in their City and want to see it thrive.
Paula Melley, Chairperson
Diane Pacheco, Secretary
John E. McGovern, PhD
Al DeMarco
STATUS UPDATE ON SUB-COMMITTEE ACTION ITEMS THAT HAVE BEEN
OR ARE BEING ADDRESSED BY THE CITY AND CRA
Communication and Governance
· Engage non-partisan group such as League of Women Voters to provide
information on candidates and utilize main congregating areas such as the
library, city hall, etc., to post such information for people to learn more
about the people vying for commission/mayoral posts.
o The City's Director of Public Affairs is currently working with
the League of Women Voters and the Urban League to host
candidate's forums. The League of Women Voters forum is
scheduled for October 30th and the Urban League forum is
October 24th.
. Hold department heads accountable for funneling information to the head
Public Information Officer.
o The Director of Public Affairs has created a PIO (Public
Information Officer) Team within the City and all departments
are represented. The PIO Team functions are to gather and
disseminate information to the public via multi-media. It has
been made clear to all department heads that they are directly
responsible for the participation of their PIO's and will be
notified by the City Manager's Office if a change of personnel
is warranted. Participation will also be reflected in the
department head's annual review. Also, a PIO Review Team
is in the process of consolidating all the City's media
resources under its purview to increase timeliness and
efficiency, and the City will be using all our media to cross
promote; Le., advertising BBTV on the website, in FunFare
Magazine, City Visions Newsletter and vice versa.
. Conduct a citywide satisfaction survey.
o Citywide satisfaction surveys are scheduled for
implementation once the new BoyntonQA software goes live.
One of the contributing criteria for choosing this particular
software is the ability to post and collect survey data online.
BoyntonQA is currently being interfaced with the City's GIS
system.
. Rely more heavily on the web site for better communications and like
other cities, include place to sign up for email updates on upcoming
events, commission meetings, advisory board meeting agendas and
minutes, etc.
o The City has recently gone live with its upgraded, revised
website. We are currently adding additional information and
features, including a link to Teleworks software that will allow
residents to sign up to automatically receive City publications.
Boynton Beach Assembly 2007
EDUCATION
Sub-Committee Assignments
Taken from Policy Statement Document.
EDUCATION - A broad-based approach for education and youth oriented
services. Again, there was a recommendation that the City hire a staff
education liaison to the schools.
Assiqnments for Education:
The quality of local schools and other educational facilities and services is
an important consideration in where people choose to work and live. This
means that schools have a major impact on economic development.
Action Item: Suggest ways that communication between the City and the
school district needs to be improved. The City Commission should meet with
the School Board of Palm Beach County on a regular basis and make it a
priority to work on improving the reputation, quality, and facilities of public
schools in Boynton Beach. Consideration should also be given to establishing
a City position to serve as a liaison between the City Commission and the
School Board of Palm Beach County.
Action Item: Suggest ways to encourage all sectors of the community to re-
evaluate their level of support and commitment to the schools within the City.
The disparity between the enrollments of Boynton Beach High School and
Park Vista High School will be addressed next year by adjusting school
boundaries. The Boynton Beach community needs to start speaking out now
about its interest in this decision.
Action Item: Evaluate the quality of translation services for children who
speak English as a second language.
Action Item: Suggest ways to encourage community organizations,
including the Greater Boynton Beach Chamber of Commerce, to increase its
involvement in all grade levels in the City's schools.
Action Item: Develop strategies to encourage involvement by parents and
other stakeholders which can spur improvements in school performance and
student achievement.
Moreover, the City, through its Office of Public Affairs, should include
information about Boynton Beach schools in its community newsletter and
other public communications.
Action Item: Promote the booster club for Boynton Beach High School.
Action Item: Develop strategies for:
a. Creating a Youth Center to draw children from the streets and
involve them in constructive activities;
b. Trying to attract a Boys and Girls Club to Boynton Beach; and
c. Seeking funding for before- and after-school care, camp
programs, and programs for the handicapped.
d. Creating a task force with representation including but not limited
to the City Commission, Police Department, Recreation and
Parks, Education and Youth Advisory Board, the School Board
of Palm Beach County, a teacher, and the head of the Boynton
Beach High School Student Government to study, evaluate, and
implement procedures to reduce drop-out rates, crime, and
delinquency,
Boynton Beach Assembly 2007
Education Sub-Committee Report
August 2, 2007
The committee met weekly starting on June ]4,2007 on education related issues
enumerated in the "Committing to Our Future" policy statement section five, subsections
A & B as created by the Boynton Beach Assembly of October 2006..
Pamela Camel was voted to be committee Chair, and Jerry Less was chosen as Co-Chair.
The committee developed the mission statement and vision statement.
Committee Members are Pamela Camel, Chair, Jerry Less, Vice-Chair, Carol Lundquist.
Steve Waldman, William LaBarr, Robert Kanjian, Steve Myott Martha Meeks Light.
Craig Clark and Wally Majors: City Staff Liaisons.
It was agreed that each member bears responsibility for sending/emailing individual notes
of each meeting to Wally Majors in order to chronicle the steps to achieving the mission
and plan future agendas.
Mission Statement: The sub-committee's primary mission is to identify resources for
the support of the youth, parents, and schools 'vvithin the Boynton Beach Learning
Community.
Vision Statement: To improve the reputation of the schools in Boynton Beach
especially Boynton Beach High Schoo\.
Policy Statement Item:
Communication between the City and the school district needs to be improved. The City
Commission should meet with the School Board of Palm Beach County on a regular basis
and make it a priority to work on improving the reputation, quality, and facilities of
public schools in Boynton Beach. Consideration should also be given to establishing a
City position to serve as a liaison between the City Commission and the School Board of
Palm Beach County.
Scope of Study:
1 , To identify resources for the support of youth, parents, schools, and the
learning community.
') To improve the quality and reputation of the schools in Boynton Beach.
3. To improve communication between parents and the learning community.
4. To close the communication gap between the City and Educators.
5. To engage the business community in educational ideas.
6. To make educational recommendations to the City Commission.
Carole R. Shetler (South Area Superintendent) and Rod Montgomery were contacted to
address the following:
. The rational for placing various academies / magnet / choice schools in the City of
Boynton Beach (particularly at Boynton Beach High School)
. How to become a part of the interview panel for schools in the City of Boynton
Beach in need of a Principal
. The various industries Le. Scripps that have voiced interest in providing
employment opportunities for the Palm Beach County Area and the steps the
school system has or will implement in order to fulfill the employment needs
. The District Organizational structure, duties and responsibilities and how the
legislature of the State of Florida hears from Palm Beach County School District
. The role the District wishes the City of Boynton Beach to pursue in supporting its
schools
Ms. Shetler and Ed Tierney, Assistant Principal, Boynton Beach High School also met
with the committee to provide them a better understanding of the School District
hierarchy and operations. Both provided excellent information and discussed the current
challenges they are facing. The committee was excited to hear Mr, Tierney describe the
school's four magnet programs; Aerospace Science; Dance; Theater and Vocal. The
committee received marketing materials relating to the Aerospace Science Academy that
outline the four year curriculum of the program. These will available at the library. Mr.
Tierney will arrange a tour of Boynton Beach High School for the Committee and will
participate in all future meetings.
The committee appreciated the participation of Bob Kanjian, Palm Beach Co. School
Board member. He discussed his efforts to legally organize and form a Booster Club at
the High School and the Aerospace Program.
Define the Current Situation:
1. Boynton Beach High School is a "0" rated school. There is a public
perception that BBHS is a sub-standard school. There is a need to improve
this reputation.
2. Must work with Quantum Park to improve the sidewalks that lead to Boynton
Beach High School.
3. More people need to get involved with BBHS. A Booster Club legally exists,
but needs more help.
4. BBHS students should be matched with business people in the community to
obtain employment.
Current Situation:
Currently the City of Boynton Beach is reconnecting with key District officials in order
to determine the level of need, determine realm of control and to plan methods of
support. With the exception of individual projects, no on-going contact with the School
Board of Palm Beach County presently exists. It was reported that it has been 4 to 5
years since the City has taken an active role in the overall support of schools that fall in
the limits of Boynton Beach. Communication has been limited to individual schools or
individual district officials requesting the aide of the City rather than the City taking the
lead in marketing, proactively providing resources and problem solving with schools and
the School District. School Board member and chairman, Bill Graham, is not listed as a
member of the Subcommittee, but was also elected to represent a segment of the people
of Boynton Beach. The Education and Youth Advisory Board has established a working
relationship with the Principal of Boynton Beach High school in order to gain updates,
hear concerns or needs, celebrate accomplishments and support programs.
Of the fourteen public schools that rest within the boundaries of the City, eight are
elementary schools, three are middle schools and three are high school. According to the
Florida Department of Education academic achievement rating scale, five of the eight
elementary schools are A-rated schools, two are B-rated and one is C-rated. Of the three
middle schools, two are A-rated schools and one is a C-rated school. Of the three high
schools in Boynton Beach, one is an A-rated school and two are D-rated schools. It
appears that schools that serve a majority of the middle and high school-aged students
from eastern Boynton Beach demonstrate the greatest disparities in academic
achievement. Structurally, schools in Boynton Beach have modern facilities with the
exception of Galaxy Elementary School.
Identify Future Trends:
1. Student performance must improve at BBHS in order for the reputation to
Improve.
, BBHS is planning on significant student gains.
3. BBHS is an up and coming school.
Alternatives Investigated:
1. Providing campus tours may help improve BBHS reputation.
Recommendations to Date:
1. The City should create an Education Coordinator position. The person hired
for this position would be the "ombudsman" and serve as a contact between
the Schools and the City of Boynton Beach and help solve issues. Delray
Beach and Boca Raton both have a full-time Education Coordinator. This
recommendation was endorsed by the Education and Youth Advisory Board.
, Host a meeting with a facilitator with the Boynton Beach High School SAC
committee and the Boynton Beach Chamber of Commerce to identify 3-5
ideas for this committee to work on.
3. The need to pursue allowing sidewalks in Quantum Park to be used by BBHS
students should be done perhaps starting with someone from the City
Manager's office.
4. This committee will help promote the new Aerospace Academy offered at the
Boynton Beach High School.
5. Anne Watts, Assistant Library Director will join the SAC Committee at the
Boynton Beach High School.
6. The disparity between enrollments of Boynton Beach High School and Park
Vista High School will be addressed by adjusting school boundaries. The
Boynton Beach community needs to start speaking out now about its interests
in this decision,
7. The quality of translation services for children who speak English as a second
language needs to be addressed.
8. Encourage greater involvement by the Boynton Beach Chamber of Commerce
with all grade levels in the City's schools.
9. The City, through its Public Affairs office, should include information about
Boynton Beach schools in its community newsletter and other public
communications,
STATUS UPDATE ON SUB-COMMITTEE ACTION ITEMS THAT HAVE BEEN
OR ARE BEING ADDRESSED BY THE CITY AND CRA
Education
. The need to pursue allowing sidewalks in Quantum Park to be used by
BBHS students should be done perhaps starting with someone from the
City Manager's office.
o There are sidewalks along the south side of Gateway that have
been affected by construction and those sidewalks will be
repaired, replaced and put into perpetual service. However,
regarding the path that once extended along High Ridge road
from Gateway, south to the rear school entrance, the City has
met with and requested Quantum to replace this path and they
have declined. This matter is beyond staff level. Unless the
city finds cause to cite the POA or CDD for removing the
sidewalks along High Ridge, then the solution will be political
in nature.
. Anne Watts, Assistant Library Director will join the SAC Committee at the
Boynton Beach High School.
o Anne Watts is currently the City of Boynton Beach
representative on the SAC Committee.
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Action Item: Evaluate where the streetscape program can and should
be expanded to support the economic-development requirements
discussed above. The plans should assure adequate capital funding
for maintenance of pavements, sidewalks, streetlights, and
landscaping.
When City-maintained roads are reconstructed, community
involvement should be solicited so that the work considers
community needs and preferences. Collector roads should be the priority.
The City should work with Palm Beach County to optimize traffic
signal timing coordination.
Public Transportation. Palm Tran, Tri-Rail, and other public transportation
services are a valuable resource for those seeking an alternative to driving
or who do not have access to an automobile.
Action Item: The Committee should develop strategies to encourage
Palm Tran to consider adding an east west connection on Boynton
Beach Boulevard from State Road 7 to the beaches, It could be
partially self-supporting through fees from riders.
Action Item: Develop strategies for expanding the trolley system,
which is currently supported by the CRA.
Action Item: Evaluate the expansion of the Shopper Hopper and the
publicizing of its connections.
Action Item: Evaluate the establishment of a municipal parking
authority and the creation of parking facilities that satisfy local parking
demand and function as transportation hubs.
Action Item: Evaluate means of developing support for a dedicated
funding source for regional transit.
Parks and Recreation. Well-maintained and conveniently located parks
and recreational facilities make a significant contribution to the quality of
life within a city.
a. The City does a very good job of maintaining its existing parks and
recreational facilities. The current advisory board is functioning
well, and the staff are competent and proactive.
b. Community involvement can be encouraged by holding functions
and public meetings in Boynton Beach parks.
Action Item: Study the feasibility of a beach and parks
assessment.
Action Item: Evaluate the expansion of the greenway system and
its connectivity.
While focusing on particular assets and targets of opportunity, the City
should take steps to improve the community's overall appearance and
safety.
To improve safety, suggest ways to improve infrastructure and expand
street lighting to all intersections, hazardous locations, and to high crime
areas identified by the Police Department.
Action Item: To improve appearance, suggest ways to:
a. Improve and maintain the City's streetscapes and lobby the
County to assume responsibility for funding streetscaping of all of
the county roads in the City.
b. Encourage outside agencies and corporations (FPL, Bell South,
Palm Tran, etc.) to complete repairs and clean up their debris.
c. Improve bus stops.
d. Provide more trash containers,
e. Enforce cleanup of construction sites,
Mtvwin >>atIuut 9JtiU
11166 S~ i!mre
!BtupdM 9kacIt., !J.e 33437
561-742-5786
mnMwz@kl&oulIr..nd
July 6, 2007
Ms. Carlsse Lejeune
Assistant to the City manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Re: Infrastructure Sub Committee Report to the implementatlon Team
Dear. Ms. LeJeune;
On behalf of each of the members of the Infrastructure Sub Committee which was
recently appointed by the City Commission, it is my pleasure to present to the
Implementation Team our completed and final report of findings and
recommendations.
This final report is the result of a diligent effort on the part of the Infrastructure
Sub Committee to provide to the lmplementation Team and tJltimately the City
Commission as complete and accurate appraisal of the issues as possible. This was
a chaUenglng task, and the end result is a document that represents the unanimous
endorsement of the entire Infrastructure Sub Committee.
Please be kind enough to forward our report to the appropriate Implementation
Team members, and should anyone Involved in this program have any questions,
comments or suggestions please feel free to have them contact anyone of our
committee members for follow-up.
The committee would also like to thank Peter Mazzella, Jeffrey Uvergood and
Christopher Roschek for the generous amount of time and counsel they provided to
the committee. Their efforts were greatly appreciated.
Please give our very best wishes to the Mayor, the City Manager along with the
members of the City Commission and extend OUf thank you from the entire
committee for the opportunity to work on this project.
Re~1~tfUIIY,
FOt;Inrr
RECOMMENDATIONS OF THE
INFRASTRUCTURE SUB-COMMITTEE
July 6, 2007
Water: Boynton has done excellent engineering to fulfill the City's water needs.
Long-term planning is stilI necessary to insure a sufficient supply of water during
extreme droughts. Currently, customers that use over 30,000 gallons per month
consume 36% of the water despite being only 7% of the population. Adjusting
the price structure would help to both conserve water and generate funds fOT
alternative water supply sources in the future. To achieve these goals we
recommend:
1. Keeping the inverted rate structure which increases the price of water as
users move into higher levels of consumption.
2. Increasing prices in order to bring Boynton's rates in line with other
municipalities. To achieve this we recommend increasing rates by 100/0 in
addition to the changes proposed by the CH2M Hill report.
3. Retain drought surcharges and increase the rate even more for high water
users. Current rates increase equally for all users as we move from Phase I
to Phase IV. We recommend rates increase more dramatically for high
users. For example, Phase II rates currently increase by 30% for all users.
We suggest rates should increase by 400/0, 6()o,Io and 8()o,Io for users over
10,000, 30,000 and 50,000 gallons, respectively. This would increase
conservation and generate funds for alternative water supply sources.
4. The Infrastructure Committee believes the referenced rate increases should
be used to build sufficient reserves in the Utility Fund to Construct
alternative water supply sources in the future that may not be known or
planned at this time. It is our belief that future water improvements should
be financed by both present and future water users. A mechanism to
refund the reserves to the ratepayers should be developed should future
policy makers deem the reserves no longer necessary.
Roads: Currently our 200 + miles of road are maintained with an annual budget
of $400,000. We believe this funding level has been inadequate to maintain our
roads. We recommend:
1. More funds should be allocated to road improvement, maintenance and
beautification, especially in the eRA district.
2. Rather than hire an urban planner, reassess the logic of having a "Traffic
Concurrency Exception Area" High density allowed in the downtown
should require some local level of road concurrency with particular
attention paid to intersection capacity.
3. Streetscape programs should be initiated in areas where new development
is desired but seems to have stagnated. Taking the lead on improving areas
such as f\.1LK and North Federal Highway will encourage redevelopment
by showing the City's pride and commitment to improving these areas.
Public Transportation: This is challenging for the City to address because of
limited influence over Palm Tran and because Floridians' travel patterns resist
public transportation. Our recommendations are:
1. Form a working committee of citizens, businesses, and City and eRA staff
that continuously evaluates the parking needs in the Central Business
District and other traffic needs and concerns city-wide. This committee
shall develop parking schemes that best utilize funding mechanisms such
as meters, while balancing the delicate nature of parking demand and space
use and allocation. This committee, while it is not recommended that it be
a standing Board, shall make recommendations on all matters involving
City Code changes.
2. Encourage Palm Tran to establish a simple grid system that puts buses on
the major north/south and eastlwest roadways. For example, a single bus
route would be dedicated to just travel east and west on Boynton Beach
Boulevard. Similar bus routes would be established on other major
east/west roads like Atlantic Avenue and Lake Worth Road and on
north/south roads like Federal Highway, Congress and Military Trail. This
type of system would be easy to understand and would enable riders to
move throughout the county with no more than two transfers. Developers
of affordable housing would have an incentive to build along these major
routes and rider-ship would increase with time.
3. Private shuttle buses should be used to connect the hospital, mall and other
major destinations with Palm Tran. Trolley service could be offered to
perform this connection if the cost was paid for by the private sector.
4. The Shopper Hopper duplicates a service that is now offered by Palm Tran
Connection. Consider eliminating the Shopper Hopper and evaluate other
means whereby both low-income and elderly Boynton Beach residents can
achieve personal mobility at minimal expense to the City.
2
5. A simpler and more useful Trolley route system should be developed.
Trolleys should only be run along major corridors and kept within the
CRA district and the beach.
6. Bus stops need to be improved. We recommend partnering with Palm
Tran (matching funds are available) to construct bus shelters that do not
have advertising. This has been done successfully in Boca Raton and
Delray Beach. Shelters without advertising are preferred because they will
help beautify the downtown.
7. Downtown parking is becoming a problem (example: the marina area).
The parking committee recommended above should work to develop a
long tenn plan for the downtown. Other suggestions include:
a. Install parking meters downtown and along Federal Highway to
generate funds to meet future parking needs. Federal Highway
meters will also discourage illegal, overnight parking.
b. Secure a downtown parcel that will serve as a parking lot and be
large enough to accommodate a parking garage in the future.
c. Use eRA monies or Parking Fee-in-lieu funds to land bank smaller
lots along Federal Highway for use as small parking areas. Funds
collected by the City from developers in lieu of providing parking
should be commensurate with the cost of constructing decked
parking spaces. This would encourage restaurants and other
desirable retail businesses to locate in these areas by providing relief
to City requirements to construct on-site parking. Encourage their
use by western residents as a way to catch the trolley to the beach
along with the benefit of bringing visitors to our downtown.
Parks and Recreation: The park system is extensive and well funded. The City
does a good job with its parks. We recommend:
1. That an assessment for beaches and parks not be added through property
taxes as paries are not used by all residents. Inst~ we suggest the
following.
a. Adopt a policy of making the Oceanfront Park selfasufficient
through user fees. This could be achieved by using new and
innovative approaches to parking fees including: prorating the decal
fee to encourage summer use or developing a parking meter system
that could replace the attendant. Also, explore having an umbrella
concession like the one used in Delray Beach to provide a service
while generating revenue.
3
b. Parking meters should be installed in city parks that have heavy
demand as a way to collect fees from users.
2. City staff is working to expand the greenway system. We suggest the
major roadways be treated as greenways and that wmic is done to improve
their appearance, safety and the connectivity of their bike lanes.
Appearuee aad Safety: The action items under this category included
addressing the problems with things such as: street lighting; streetscapes, getting
FPL to complete repairs a.'1d to bury lines; \vorldng ,vith Palm Tran to improve
bus stops and trash cans; cleaning up construction sites and other code violatIons.
Everybody agrees that these are problems that have continued for a very long
time. What is needed is a person to work full time on these issues. Our
recommendation is:
1. Hire a full-time eRA staff person whose sole l'eSJXlflSibility would be to
work to improve the appearance and safety of our downtown. This person
would do things like: contact code enforcement to report violations, work
'Nith FPL to get poles repaired and street lights replaced, notify OOT about
signs and curbs needing repair, work with Palm Tran to get new bus
shelters, convince Florida East Coast Railroad to have the cement railroad
ties once used as barriers removed, etc... Many good things could be
accomplished by a motivated person in this position. It would be
important that they have an eye for aesthetics and the ability to work well
with others agencies. If successful in the CRA district) this program could
be expanded throughout the City.
Respectfully submitted~
Marvin Nathan Blitz, Chairman Jay Lehman
Herb S~ Vice Chairman Robert Taylor
Steve Homrich Frank Lindsay
Stan Nitkmvski.
Ex Officio members:
Peter MazzeHa
Jeffrey Li vergood
Christopher Roschek
4
STATUS UPDATE ON SUB-COMMITTEE ACTION ITEMS THAT HAVE BEEN
OR ARE BEING ADDRESSED BY THE CITY AND CRA
Infrastructure
. Increasing prices in order to bring Boynton's water usage rates in line with
other municipalities. To achieve this we recommend increasing rates by
10% in addition to the changes proposed by the CH2M Hill report.
o At the October 16, 2007 City Commission meeting, the
Commission approved on second reading, an amendment to
Chapter 23 of the Code of Ordinances to impose a 10% utility
tax on the purchase of water service within the City.
. Streetscape programs should be initiated in areas where new
development is desired but seems to have stagnated. Taking the lead on
improving areas such as MLK and N, Fed. Hwy will encourage
redevelopment by showing the City's pride and commitment to improving
these areas.
o The Boynton Beach CRA currently has two programs in the
areas of MLK and N. Fed. Hwy that assist owners in improving
their properties. One is the Commercial Fa~ade Improvement
Grant program that assists local business in improving the
exterior of their building. The other is the HOB Residential
Improvement Program that assists homeowners in the HOB
area (MLK & N. Fed. Hwy) with residential repairs.
. Adopt a policy of making the Oceanfront Park self-sufficient through user
fee. This could be achieved by using new and innovative approaches to
parking fees including: prorating the decal fee to encourage summer use
or developing a parking meter system that could replace the attendant.
o There currently exists in the CIP 2007/2008 budget funds for an
automated parking system at the Oceanfront Park.
Boynton Beach Assembly 2007
NEIGHBORHOOD REVITALIZATION, AFFORDABLE
HOUSING, BUSINESS DEVELOPMENT AND RETENTION
Sub-Committee Assignments
Taken from Policy Statement Document.
NEIGHBORHOOD REVITALIZATION, AFFORDABLE HOUSING,
BUSINESS DEVELOPMENT AND RETENTION - A broad-based initiative
for coordinating with other agencies such as the Business Development
Board, the CRA, the development community and various governmental
entities to improve Boynton Beach.
Assiqnments for Neiqhborhood Revitalization, Affordable Housinq, Business
Development and Retention:
Action Item: Develop strategies to allow the city to continue to attract a mix
of high-value industrial, commercial, and residential development that will
strengthen the tax base and generate good jobs for residents without
adversely affecting the City's neighborhoods and community character.
Action Item: Economic development activities within the City administration
should be evaluated and reorganized, as follows:
a, Develop recommendations and parameters for hiring an Economic
Development Director and staff who will be able to craft an
Economic development program in cooperation with other
agencies.
b. Consider options for seeking cost-sharing for this office from
outside entities.
c. Assign this Program responsibility for:
I. Identifying the types of businesses and industries that Boynton
should try to attract.
II. Breaking the City into zones or quadrants, and tailoring economic
development strategies to each zone.
III. Working with the Business Development Board of Palm Beach
County, the CRA, and others to identify and/or develop incentives
for businesses to locate in Boynton Beach.
IV. Developing incentives and support services to help businesses
stay in Boynton Beach.
v. Encouraging the development of and serving as liaison with
multiple merchant associations throughout the City.
The City's political and administrative leadership should identify and take
advantage of key land uses and other assets.
Action Item: Develop Strategies for:
a. Preserving and marketing the industrial land in the Boynton
Beach.
b. Leveraging the value of the 600 feet of waterfront property to
include revenue-generating boat slips in Intracoastal Park.
c. Creating an attraction to draw consumers to the downtown.
While focusing on particular assets and targets of opportunity, the City
should take steps to improve the community's overall appearance and
safety.
Action Item:
a. Develop strategies for encouraging community involvement in
neighborhood refurbishment to promote community pride.
b. Develop a tactical plan to focus and coordinate police and code
enforcement on locations and businesses that attract or contribute to
crime. These crime nodes might include liquor stores, abandoned
properties, etc,
Action Item: Evaluate the program of providing grants for homeowners to
improve their property.
Affordable housing is important to economic development, but the high
cost of housing is a nationwide problem. While recognizing that there
are limits to what Boynton Beach can do to reduce housing costs locally,
the Committee should:
Action Item: Develop and present available options to increase the
availability of affordable housing in Boynton Beach.
Action Item: Evaluate incentives to developers for building affordable
housing.
Action Item: Identify opportunities to coordinate with state and county
affordable-housing agencies.
Neighborhood Revitalization, Affordable Housing, Business Development and
Retention Sub-Committee
I. Mission Statement
The Neighborhood Revitalization, Affordable Housing, Business Development and
Retention Sub-Committee is a group of diverse civic minded citizens that has been
charged with action items under the Boynton Beach Assembly 2007. The Sub-Committee
works to find effective means to improve the economic health of the City of Boynton
Beach for all residents for years to come.
II. Vision Statement
The Sub-Committee foresees a City-wide economic development endeavor that generates
long-term, positive advances for the City of Boynton Beach in terms of increases in
businesses, employment opportunities, and tax revenue generation. We also look forward
to growth in the number of affordable housing opportunities available to citizens of
Boynton Beach. The Sub-Committee seeks a revitalized, blight-free city, which serves as
a source of pride for its residents.
III. Scope of Study
The subcommittee addressed assigned action items in light of resources provided by City
staff as well as miscellaneous materials collected from the web regarding economic
development strategies implemented in similar South Florida communities. Additional
materials were provided by the eRA - Community Redevelopment Agency. The Sub-
Committee met with several members of Planning & Zoning staff, including the Director
of Development, as well as the Executive Director of The Community Redevelopment
Agency and leadership of the City's Chamber of Commerce.
The Sub-Committee examined documents. provided by the Assistant Director of
Development, regarding the follo'Wing organizations:
. National Development Council
. Palm Beach County Business Development Board
. City of West Palm Beach Economic Development Department
. City of Miami Economic Development Department
. The following grant funding organization:;:
o US Department of Commerce Grant
o Economic Development Assistance Program
o Community Contribution Tax Credit Program
The Sub-Committee was also provided the foHowing materials by City staff:
. Palm Beach County IPARC Industrial Land Use Sub-Committee report 9/05
. City of Boynton Beach Comprehensive Plan (excerpts)
. City of Boynton Beach M-l Study
. City of Boynton Beach Development Atlas
The CRA provided the following materials:
. CRA annual Report
.' Homebuyers Assistance Program brochure
. Information on Trolley
IV. Defme the Curreot Situation
The Sub-Committee examined the collected research in an attempt to grasp the City's
current standing with respect to the condition of neighborhoods, the shortage of
affordable housing, and business development and retention trends.
The Sub-Committee collectively laments a lost opportunity with the conversion of the
City's vast reserves of industrial land to residential land uses. 1t is the Sub-committee's
shared belief that the City's future lies in the attraction, retention, and development of
major employers in industries such as technology and bio-sciences. The City's major
employment opportunities are concentrated in retail operations. These jobs, while
numerous, are typically low-skill and do not pay very competitive wages.
The City's past Economic Development efforts appear to lacked comprehensive
organization and direction. Numerous studies, consultants, and staff efforts in the past did
not go far in terms of implementation, and did little to move the City forward in managed
growth. Much of the growth that has happened was driven by uncommonly favorable
market conditions, and may have resulted in greater expansion with proper leadership and
planning to look not only short term, but further toward years to come.
V. Identify Future Treods
The Sub-Committee is cognizant of the national slow-down in the residential market, and
its particular softness in the regional market. As the City has relied greatly on the
expansion of the housing market to generate new residents and thus expand the tax base,
the Sub-Committee is concerned that this contraction may negatively affect revenues,
The result of a slowing housing market on the City's tax base demonstrates the necessity
of diversification. Again, the Sub-Committee stresses the importance of a strengthened
industrial base.
We are optimistic that future has great potential for success on all fronts. We feel that
with the right decisions Boynton Beach can stand poised to become a vibrant, diverse,
and successful city for years to come.
VI. Alternatives Investi1!ated
The Sub-Committee considered several options with respect to each action option, but
considerable effort was devoted to investigating the potential for an Economic
Development Director. As will be discussed below, the Sub-Committee suggested three
potential solutions (the contracting of an outside consultant, the creation of a permanent
City Economic Development Director position, the creation of a joint CRA/City
Economic Development Director position), and after deliberation determined one option
most feasible and most likely to succeed.
VII. Recommendations
Action Item 1 - Develop strategies to allow the city to continue to attract a mix of high-
value industrial, commercial, and residential development that will strengthen the tax
base and ge nerate good jobs for residents without adver seJy affecting the City's
neighborhoods and community character.
The Sub-Conunittee voiced the following reconunendations:
. The City should preserve all remaining industrial land in an effort 10 preserve
opportunities to attract employers. The City and the CRA must actively market
remaining industrial land to potential businesses, particularly those from the
technology and bioscience sectors, If possible, the conversion of land back to
industrial land use should be considered. Short of this, however, the City has very
little industrial land to market in an effort to attract significant job-producing
operations.
. The Sub-Committee believes that the City through the eRA should continue to
support mixed-use developments in an effort to integrate the rapidly expanding
commercial development within the city with existing and future residential
development. It is imperative that future economic development efforts market
the sizable amount of commercial square footage available within the City,
particularly in the Marina District, to prevent empty storefronts which not only
produce no tax revenue or employment opportunities, but also negatively impact
the aesthetics and morale of City residents,
. The City and the eRA must actively pursue residential developers in the area to
those areas most in need of revitalization. Such efforts should stress the
incentives and programs available from the City's own Community Improvement
Division, the City's Workforce Housing Ordinance, as well as the numerous
regional and state programs and incentives available.
In conclusion, the Sub-Committee agrees that these efforts require the work of a full-time
position, Options for this position are detailed below in Action Item 2.
Action Item 2 - Economic development activiries within the city administration should be
evaluated and reorganized as follows:
. Develop recommendations and parameters for hiring an Economic Development
Director and staffwho wfll be able to craft an Economic development program in
cooperation with other agencies.
The Sub-Committee has considered three options for your consideration:
o Submit a Request for Proposal to hire an independent consl,dtant to develop an
economic development strategy and implementation pian for the city. The
consultant would delineate an economic development strategy, and devote
significant time toward actual implementation. Meanwhile, the consultant
would also create a clear roadmap for a future Economic Development
Director, whom the City would afterward contract to continue the consultant's
initial effort. (See attached)
o Hire an Economic Development Director under the city. The City would
contract a full-time Economic Development Director, and provide for a staff
of at least one. The Director would be responsible for delineating a specific
roadmap of progress with concrete goals, and would undergo periodic review
to assess whether goals were satisfactorily approached. (See attached)
o Hire an Economic Development Director under the eRA/City. The CRA
would contract a full-time Economic Development Director, and provide for a
staff of at least one. The Director would be responsible for delineating a
specific roadmap of progress with concrete goals, and would undergo periodic
review to assess whether goals were satisfactorily approached. The Director's
efforts would be concentrated solely on the eRA throughout the first year,
with the CRA responsible for funding for the position throughout that time.
At the beginning of year two, funding the position would be divided between
the eRA and the City, and the Director's scope would expand to include the
entire City. (See attached)
It is the final recommendation of the Sub-Committee to proceed with the third option,
the hiring of a joint CRA/City Economic Development Director. The Sub-Committee
feels this strategy has the greatest likelihood of success in light of"startmg small"
before expanding to cover the entire City, and may prove most feasible in
consideration of current budget constraints.
· Consider options for seeking cost-sharing for this office from outside entities.
There are three potential stakeholders in this effort:
o The Chamber of Commerce, although not able to contribute funds, has
indicated a capacity to provide office space for any full-time Economic
Development Director
o The City of Boynton Beach would be expected to support half of the
position's cost as of the beginning of year two of the effort.
o The CRA would be expected to support the position entirely in the first year,
and haJf of the position's cost as of the beginning of year two of the effort.
In addition, the Sub-Committee recommends that the City consider the following
potential funding sources:
o The U.S. Department of Commerce (Economic Development Administration)
- PWEDA Section 207 - National Technical Assistance
o The U.S. Department of Commerce (Economic Development Administration)
- Economic Development Planning Assistance
o Florida Executive Office of the Governor, Office of Tourism, Trade, and
Economic Development - Community Contribution Tax Credit Program
. Assign this program responsibility for:
o Identifying the types of businesses and industries that Boynton should try to
attract.
The Sub-Committee recognizes the positive influence retail jobs represent in
the City, but believes that the future health of the City relies on actively
recruiting high-skilled, higher paying jobs associated with the technology,
bio-science, and health service sectors. The presence of Bethesda Hospital is
a strength the City should nurture. It should be noted that the CRA has been
putting together a data base of existing businesses in the CRA district and this
could be expanded to the entire City, and by doing so will illustrate what
businesses and industries we do not have and need to attract. Their contacts in
the shopping center and development fields will be of he~p in making things
move forward.
o Breaking the City into zones or quadrants, and tailoring economic
development strategies to each zone.
City staff demonstrated the City's current division based upon census tract
division. It makes sense to continue with these divisions, as data is more
easily assembled and examined in this manner.
o Working with the Business Development Board of Palm Beoch County, the
eRA. and others to identify and or develop incentives for businesses to locate
in Boynton Beach.
The Sub-Committee has become aware of the importance of this county
board, and recommends that the future Economic Development Director work
closely to utilize its programs, in particular small business loans made
available to communities within the county. Also the eRA would set up a
small business assistance program similar to the homebuyer assistance
program.
o Developing incentives and support services to help businesses stay in Boynton
Beach.
The Economic Development Director could most closely maintain ties with
local businesses through the local Chamber of Commerce, and the Sub-
Committee recommends the Director Take advantage of the Chamber's
willingness to work closely with the City to cater to the needs of local
businesses.
o Encouraging the development of and serving as liaison with multiple
merchant associations throughout the city.
The Economic Development Director could most closely maintain ties with
loca~ businesses through the local Chamber of Commerce, and the Sub-
Committee recommends the Director Take advantage of the Chamber's
willingness to work closely with the City to cater to the needs oflocal
businesses.
Action Item 3 - The City's political and administrative leadership should identify and take
advantage of key land uses and other assets. Develop strategies for:
. Preserving and marketing the industrial land in Boynton Beach.
. The City should preserve all remaining industrial land in an effort to preserve
opportunities to attract employers. The City must actively market remaining
industrial and other land to potential businesses, particularly those from the
technology and bioscience sectors. If possible, the conversion of land back to
industrial land uses should be considered. Short of this, however, the City has
very little industrial land to market in an effort to attract significant job-producing
operations.
. Leveraging the value of the 600 feet of waterfront property to include revenue -
generating boat slips in Intracoastal Park.
The City must capitalize on the significant asset that is Boynton Beach's waterfront.
The Economic Development Director must work to market this resource not only to
boaters through the creation of boat slips, but also to pedestrian users.
. Creating an attraction to draw consumers to the cbJwntown.
The idea of a single, permanent attraction as an economic engine is a long term goal,
but the Sub-Committee believes that the City and the eRA continue to do this to a
lesser degree with seasonal events. The Tree-lighting event with a concert featuring
Chrystal Gayle & Gatlin Brothers, as weB as the Marina Summerfest, Oceanfront
concert series, and the Heritage days with Kool & the Gang's performance generated
increased attendance to the City's downtown. The Sub-Committee hopes that input on
the downtown master plan will address this as well, and continue to grow on the
City's successes in attracting regional interest.
Action Item 4 - While focusing on particular assets and targets of opportunity, the City
should take steps to improve the community's overall appearance and safety.
· Develop strategies for encouraging community involvement in neighborlwod
refurbishment to promote community pride.
We feel that appearance and safety issues are being dealt with by Chief Imler's
improved community policing and cooperative efforts to combat gangs and other
crime issues, as well as Brian Miller and his committee's yarious cleanup efforts. The
City should work to engage community groups more, creating partnerships between
the City and civic groups in an effort to redouble efforts to keep the City clean and
safe. We feel that Brian Miller and Public Works and the eRA have been doing an
excellent job so far but this needs to be expanded.
. Develop a tactical pan to focus and coordinate police and code enforcement on
locations and businesses that attract or contribute to crime. These crime nodes might
include liquor stores, abandoned properties, etc.
The Sub-Committee believes that Chief Imler and code enforcement have done a fair
job of patrolling businesses that may contribute tot crime. Signs ofimprovement are
eyident. The City should consider the possibility of the CRA having its O\VO code
enforcement officer. Also the use of eminent domain may be one way the City could
improve trouble areas such as strip clubs, abandoned properties, and other such crime
nodes.
Action Item 5 - Evaluate the program ofproviding grants for homeowners to improve
their property.
The City's Community Improvement Division must work closely with City residents to
provide assistance when possible for maintenance of properties. To begin with, the eRA
could utilize Tax Increment Funds for general exterior/interior upgrades, repair, and other
improvements. A similar program exists currently in Hollywood's CRA. The City may
also consider a series of tax incentives to provide relief for those families that take the
initiative to improve one of the City's most important assets, the housing stock. The CRA
has been successful in providing over 50 grants in the past year and we feel that this is a
great start.
Affordable housing is important to economic development, but the high cost of housing is
a nafiomvide problem, While recognizing that there are limits to what Boynton Beach can
do to reduce housing costs locally, the Committee should:
Action Item 6 - Develop and present available options to increase the availability of
affordable housing in Boynton Beach
Action Item 7 - Evaluate incentives to developers for building affordable housing,
Action Item 8 - Identify opportunities to coordinate with state and county affordable
housing agencies.
The Sub-Committee applauds the initiation of the Workforce Housing Ordinance recently
implemented, The ordinance is one step in the right direction, providing real benefit for
the private market to provide affordable housing for the City's residents. It represents the
type of public-private partnership that may result in positive change. The Sub-
Committee also believes that the City and CRA have been doing an excellent job in
providing assistance to fIrst time home buyers and those seeking improvements.
Conclusion
In conclusion we feel that the Economic Development Director position under joint
CRNCity supervision is critical for the future success of the City. Further, we feel that
we need to be supportive and enhance the ongoing programs in the areas of
Neighborhood Revitalization, Affordable Housing and Business Development &
Retention.
We as a committee feel honored to have served and hope that our efforts are not in vain.
Subcommittee members:
Christine Francois
Mark McLeod (resigned in July)
Brian Miller
Dianne Mower
Warren Timm
Pamela Whitmore (resigned in June)
Gabriel Wuebben
Mark Karageorge - Chairperson
Staff Liaisons: Nancy Byrne, Hanna Matras
We would also like to thank Mayor Taylor, City Manager Kurt Bressner, Chamber
President Devon Coughlan, eRA Executive Director Lisa Bright, City Development
Director Quintus Green, Chief of Police Matt Imler as well as various City staff in
Pjanning & Zoning and in administration. A special thank you goes to Ms. Carisse
LeJ eune.
Consultant option.
REQUEST FOR PROPOSAL FOR AN INDEPENDENT CONSULTANT TO
DEVELOP AN ECONOMIC DEVELLOPMENT PLAN FOR THE CITY OF
BOYNTON BEACH.
Introduction: This plan should identify Boynton Beachls economic characteristics and
establish priority programs, tasks, and activities. These materials will implement
economic development policy established by the city commission and would be overseen
by a steering committee comprised of members of the business conununity, citizens,
elected officials and other interested parties. Some staff support must be provided.
Boynton Beach should be broken down by district using the 4 districts , with it's own
strengths and weaknesses, and which we would suspect have different solutions.
Objectives:
. Provide detailed analysis of City's economic base.
. Identify key opportunities to expand and diversify the City's economic base.
. Prepare analysis of the City's economic strengths and weaknesses
. Prepare fiscal analysis and benefits of development
. Identify opportunities to maximize public revenues.
. Identify opportunities and constraints for economic development e.g. housing
supply, limited developable land, infrastructure capacity, redevelopment and
financing constraints and potential land vale changes.
. Prepare strategic action plan to guide implementation.
. Involve and engage the business community in the planning and implementation
so as to achieve ownership.
. Coordinate business expansion plans with present plans of the CRA to provide
more affordable and workforce housing in the community to potential workers
with homes in the city,
. Identify regional market conditions and their impacts on the City's Economic
Development
TASK
1. Prepare Economic Base Study
2, Retail and Non retail Sales Analysis
3. Economic Development Constraints & Opportunities (include opportunities for
affordable and workforce housing)
4. Economic Development Alternatives
5. Economic Development Strategic Action Plan
6, Develop criteria for Economic Development Director with goals and objectives to be
reviewed by steering committee.
Page 2
Time frame for Study to be completed and given to commission and steering committee
to then implement is 6 months.
Consultants fee is estimated to be $70,000 to 100,000
The City of Boynton Beach, FL (Pop. approximately 67,000) seeks an innovative and
highly skilled economic devdopment professional to assist in developing and
implementing the City's strategic economic development plans~ programs and services.
The individual will be expected to attract local and national retail operations to the City,
as weil as generate real estate development interest, in an effort to expand the City's tax
base and create employment opportunities. The position will work closely with the City
and Community Redevelopment Agency on specified projects, and will engage daily with
local, regional, and state entities. The selected individual will report directly the City
Manager
and the City Commission.
Specific duties will include:
o Development and implementation of a strategic plan
o Expand the economic base of the City
o Attract national retail
o Devise a strategy to improve the tax base
o Attract new real estate investments
o Attract developers to target projects
o Review all development agreements between the City and developers
o Coordinate economic efforts with local and state governmental bodies
o General oversight of the economic development web page
o Work closely with the Planning Department on special projects and other duties
o Market the City's Marina and Downtown Districts as destination points
The individual \'1.'ill preferably possess the following education, experience, and skills:
o Master's degree required, with major coursework in:
1. economic development
2. marketing
3. economics
o Five years progressively responsible experience in the areas of economic, commercial, or
residential development, redevelopment and/or urban planning, with at least two years at
a management level position
o Must have strong marketing, public relations and negotiation skills
o Creative, self-starter with excellent written and oral communication skills
o Must be proficient in the use of WordlExceVPowerPoint
o Ability to manage complex projects and multiple assignments
o Ability to establish and maintain effective working relationships with local and civic
leaders, current and potential businesses and industries, economic development
consultants, and other members of City staff
o Drive to foster a culture that seeks continuous quality improvement (CQI)
o General knowledge of City ordinances and state and federal laws, regulations and
programs pertaining to economic and community development (including HUD and State
of Florida programs) preferred
o Certified Economic Development professional preferred
Economic Development Director - Salary: $75,000.00 - S99,OOO.00
JOB TinE:
ECONOMIC DEVELOPMENT DIRECTOR
CLASS/FICA TlON:EXEMPT
OBJECTIVE
Performs responsible, profession al work, to assist in lt1e ecorlOmic devekJpmenl of lhe CRA District Employees in tnis
cl ass are responsible for self-directed work programs 1I1 al may involve recruiting of local businesses, redel/eiopmenl or
related economic and bus~ness ~ssues, providing assijstance 10 business prospeels anellor exisftng businesses in lI1e
relocaliorl, permitting and regulatory prOC€sses
ESSENnAL FUNCTIONS
Provided herein is a general deSCfiption of duties ll1at may be assigned by the supervisor. CRA Executi1/6 Director
reserves the righl to eslabtish, assign, reassign, and redistribute work to meel business needs. The stalements herein
do not preclude managemoot from assigning olt1er duties simirar in nature, complexity, and responsibi~ly to any
position withinlt1is c1assification. The following is a general description of duties. The Executive Oirector may assign
other duties and responsibili~es as needed.
. Researches and develops statistical analysis to promote Boynlon Beach eRA as a compelitiYe market for
busi.nesses to localeJexpand in lt1e Boynton Beach CRA District as well as citywide participation.
. ~mplements, monitors and assesses exp3rtslonJrelocatiort initiatives,
. identifies industry groups to target markel with plans and implementation for programs.
. Prol/ides effective communication and 5UPJlQrl for the Economic Development Office in researcl1, mar1leting and
public relations.
. Conducts outreoch calls and visits to existing target induslry compan!es to identify needs for expansions, business
cl!mate issues and provide business assistanoe,
. EstabHshes proaclive relatiooships with !he community, neighborhood associations, city officials, city staff and lI1e
general public on behalf of Economic Development AcIi\1ilies.
. Perfonns basic admin~trnUve duties including written reports, memOl1l'lduffiS, lettars, and electrooic
correspondence, inlefaction wllh others, and communication through telephone and meetings,
. Spearhead the Business Genesis Program.
. Develop eRA Business Inoubator arld Training Facility in lI1e Heart of Boynton.
KNOWLEDGE, SKILLS AND ABJUTIES
. Th oroogh knowledge of the economic development process, including the design, implementation and evmuatioo
of markeftng strategies,
. Thorough knowledge of federal, state and local laws, regulalions, policies and procedures relating to economic
development.
. Ability to work both independently and will1 directioo.
. Ability to exercise judgment and discretio~ in applying laws, regulations, policies and procedures.
. Ability 10 establish and maintain effeclive Inter- and intra-governmental business and professional assodatioos
. Knowledge of the principles and practices of public Of business administration.
. Abllity to make decisions recognizing established precedents and practices and to use resourcefulness and tact in
sollfing new problems,
. Strong written and oral communication artcl interpersonal skins, 10 indude the ability to develop effective
proposals, prepare and maintain accurate records and reports, and public speakirig skills,
. Strong lime-management skins, project managemool skills and abiiity to meet deadlines.
PREFERRED QUAUFlCA TlONS
Bachelors degree in Business, Economics Of Public Administration and alleas\ ~ve (5) years of relevant experlenoe in
busill€ss!industria~ developmenl or a direcUy-reIated field; or an equivalenl combination of lJaining, educaliorl and
experience. Masler's D69ree Preferred. Professional expertise should include small business recruUment and
relention, along with grants expertise; specifically, Palm Beach County Developmenl Regions Granl Programs.
Having the position done under the CRA - but expanding it to then do the entire city.
Job description to be distributed tonight - recommendation on salary is minimum
$75,000 - maximum of $99,0000.
Funding to come from eRA 1 st year, then once duties expanded to entire city - 2nd year
- funding to be 112 CRA and 112 city.
STATUS UPDATE ON SUB-COMMITTEE ACTION ITEMS THAT HAVE BEEN
OR ARE BEING ADDRESSED BY THE CITY AND CRA
Neighborhood Revitalization
. Developing incentives and support services to help businesses stay in
Boynton Beach.
o City has created the S/MWBE (Small/Minority and Women
Business Enterprise) program that has been approved by
Commission and budgeted. City staff is in the process of
selecting a consultant to assist with implementation of the
program.
Boynton Beach Assembly 2007
COMMUNITY RELATIONS
Sub-Committee Assignments
Taken from Policy Statement Document.
COMMUNITY RELATIONS - To address cultural diversity and race
relations. External partners could be TMPU, United Way, Community
Foundation of Palm Beach, etc. This should also include community events.
Assiqnments for Community Relations:
Action Item: Identify means by which the citizenry and its leaders may foster
a sense of community and common purpose, unite on critical issues, and
marshal their resources to take advantage of the City's strengths and address
its weaknesses.
Action Item: Identify any perceived divisions (geographically, economically,
age-wise, ethnically and racially) and develop recommendations to promote
greater unity,
Action Item: Create spaces, events, and forums for collaboration and
interaction,
a. Boynton Beach is a "city of varied cultures." Develop a plan for
continuinq to hold and expandinq upon events that celebrate this
diversity.
b. Boynton Beach has competing centers scattered around the City.
Identify and develop strateqies for promotinq particular areas as
the city-center. the cultural center, library. and recreation
facilities,
c. Develop ideas and identify partners for a siqnature event that
hiqhliqhts the City's character and successes.
Action Item: Evaluate the establishment of a Community Events
Commission as a citizen-based organization to guide development and
timing of special events that are inclusive and representative of the multi-
cultural heritage of Boynton Beach.
Boynton BeQchC'Ommul1ity Reh'.ti'Ohs Sub-__,C'OmmitteeMeeting Minutes
Date: 7/04/07 Time: 6:30-7:30 P.M. Boynton Beach Senior Center
Members Present: Regina Scott, Joe Peccia Jr., Peter Wallace, Phyllis Stern
Members Not Present: Jack Berger, Latoya Smith
Members present discussed the overall objective of The Boynton Beach Assembly regarding the
formation of the Community Relations Sub-Committee. After reviewing the "action items" the
committee voted to establish clarity of the Sub-Committee's expectations as per the request of the
Assembly. Suggestions were noted for developing a "Community Relations Road Show"
which will be discussed on the 7/30/07 Community Relations Sub-Committee meeting being held
at the Senior Center of Boynton Beach.
Date: 7/30/07 Time: 6:30-7:30 PM Boynton Beach Senior Center
Members Present: Joe Pecci a Jr., Peter Wallace, Jack Berger Members
Not Present: Latoya Smith, Phyllis Stern, Regina Scott
Members present continued objective of developing ideas for effectively carrying out action
items given by the Boynton Beach Assembly. Action Item Recommendations are as follows:
Action Item: Identify means by which the citizenry and its leaders may foster a sense of
community and common purpose, unite on critical issues, and marshal their resources to take
advantage of the City's strengths and address its weaknesses,
Sub Committee Recommendation: "Community Relations Road Show"
The sub-committee agrees that in order for the Community Relations to effectively begin to
establish a "sense of community and common purpose" it is important to get to know the
communities on a more personable basis. For suggestive purposes, the sub-committee proposes
that the Community Relations Team hold meetings in specific communities. By holding meetings
within specific communities it may provide a better perspective of the needs of the community by
being visible and attentive to those of the community. In addition this may give the respective
communities a perspective on how their support will help mold this city into a "gem".
Action Item: Identify any perceived divisions (geographically, economically, age-wise,
ethnically and racially) and develop recommendations to promote greater unity.
Sub-Committee Recommendation: Percieved? How are we as a sub-committee effectively
able to provide such information? The perceived divisions in the community are of opinionated
nature. The recommended "road show" may provide a clearer objective or indicator for what
needs to be established to promote greater unity.
Action Item: Create spaces, events, and forums for collaboration and interaction.
a. Boynton Beach is a "city of varied cultures." Develop a plan for
continuim2. to hold and expanding upon events that celebrate this
diversity.
b. Boynton Beach has competing centers scattered around the City.
Identifv and develop strategies for promoting particular areas as the
city-center, the cultural center, library, and recreation facilities.
c. Develop ideas and identify partners for a signature event that highlights
the City's character and successes.
Suh-Committee Recommendations:
a. Community forums, events, informational galas all held in centrally located
areas/places might promote interest among the respective communities. Location suggestions:
Boynton Beach Mall, one of our local high schools.
b. The Boynton Beach Marine Wildlife and Educational Aquatic Center
c. Correlates with a and/or b
IX.-CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM B.
AGENDA ITEM REQUEST FOAAl
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 Otlice
[;gj December 18, 2007 December 3, 2007 (Noon) 0 February 19,2008 February 4, 2008 (Noon)
0 January 2, 2008 December 17,2007 (Noon) 0 March 4, 2008 February 19, 2008 (Noon)
0 January 15, 2008 December 31, 2007 (Noon) 0 March 18, 2008 March 3, 2008 (Noon)
0 February 5, 2008 January] 4,2008 (Noon) 0 April I, 2008 March 17, 2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [;gj Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approval of the Agreement for Provision of Supplemental Police Services
between the CRA and the City of Boynton Beach. This agreement has been approved by the Community
Redevelopment Agency.
-
EXPLANATION: The CRA desires to contract with the City for additional police services with the Heart
of Boynton and the Central Business District. The purpose is to provide an additional police presence in
the form of an additional Community Action Team consisting of one sergeant and four police officers.
This team would be dedicated to the areas indicated and deploy utilizing foot and bicycle patrol as the
primary method of transportation and motorized patrol as the secondary method. This team would
function in tandem with our current Community Action Team (CATs) which endeavors to find long-
term solutions to neighborhood crime problems and resident concerns. The CRA team would not be
utilized elsewhere in the city. All costs associated with the additional officers including salary, overtime
and equipment will be paid for by the CRA pursuant to the contractual provisions. The CRA and City
had an arrangement similar to this one in 2004-05.
PROGRAM IMP ACT: The additional police personnel would be beneficial as their presence is expected
to reduce crime and the open-air drug sales that plague the Heart of Boynton from time to time. The
CRA police would also be interacting with residents creating confidence in the department and
promoting our community policing efforts.
FISCAL IMPACT: All costs associated with this effort would be paid by the CRA.
ALTERNATIVES, Not to contract with the eRA for additional POli~
City Manager's Signature
Assistant to City Manager
VV0--
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
City Attorney / Finance
Department Name
SIBllLLETINlFORMS\AGENDA ITEM REQUEST FORM. DOC
" .
,;"",'
30YNTON /~ .') 1\
31: A CHCJV~
East Side.....West S.,de.....Seas.lde Renaissance
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: Decemberll,2007
I x I Consent Agenda I
Old Business I I
New Business I I
Public Hearing
Other
SUBJECT: Approval ofCRA Policing District Contract
SUMMAR Y: At the September 11, 2007 CRA meeting the Board approved the FY 2007/2008
Budget, which included the appropriation of$573,853 for a contract with the City of Boynton Beach
Police Dep8.1iment for a eRA Policing District.
Attached is the corresponding contract for police services, as well as 8.11 individual CRA District policing
plan, as required to be in compli8.11ce with Florida State Statute 163.
FISCAL IMPACT: $573,853 to come from Budgeted Line Items 53120-200, 400 and 410
RECOMMENDA TIONS: Approve attached contract and policing plan
,'/ /b~ CC
-L-tdt Bright
Executive Director
)
C -~'t-
T:'AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by MeetinglFY 2007 - 2008 Board
Meetingsl07 1209 CRA Board Meeting - DecemberlPolicing Contract.doc
AGREEMENT FOR THE PROVISION OF SUPPLEMENTAL POLICE SERVICES
Heart of Boynton District and Central Business District
THIS AGREEMENT, made and entered into this _ day of , 2007, by
and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
(hereinafter "CRA") and the CITY OF BOYNTON BEACH, Florida (hereinafter "City") is for
the provision of specific police services associated with the special conditions within the Heart of
Boynton DistTict and the Central Business District, both areas being located within the City's
Community Redevelopment Area;
WHEREAS, the CRA desires to contract with the City for additional police/law
enforcement services within the areas of the City known as the Heart of Boynton District and the
Central Business DistIict for the safety and protection of the residents of and visitors to these
areas of the City of Boynton Beach; and
WHEREAS, the City, by and through its Police Department, desires to assist in the effOJi
by providing supplemental police services within the Heart of Boynton and Central Business
Districts in the Community Redevelopment Area.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and adequacy of which are
ac1mowledged, the CRA and the City agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby
incorporated into this Agreement.
2.0 Services provided by the City.
2.1 The City agrees to provide supplemental police services within the areas of the
City of Boynton Beach known as the Heart of Boynton DistIict and the Central Business District.
2.2 The City agrees the services to be provided by assigned persormel under the
Contract are supplemental and in addition to baseline police services.
2.3 The duties and extent of services of the assif:,rned personnel shall include, but shall
not be limited to:
(a) The City, by and tlu-ough its police department, will provide a minimum of
five (5) sworn officers (one police sergeant and four police officers), as assigned
by the Chief of Police, with three (3) marked cars and three (3) patrol bikes to
perform directed patrols to enforce all state and local laws with the Districts.
Page 1
(b) SWOI11 Officers shall at all times remain subject to the police department's
chain of command and under police department rules, regulations, and standard
operating procedures.
(c) All officers and equipment will be outfitted with th'e logo of the CRA to
visually identify the enforcement teams as CRA dedicated police units.
Uniforms, logos and other identifying materials, equipment, or features shall be
subject to the final approval of the Chief of Police of City.
(d) \Vhile the CRA Special Units are within the CRA boundaries perfOlming
under the terms of this Agreement, said units shall be separate from general
rotation and non-emergency calls in other parts of the City.
(f) The City will provide the CRA units with crime analysis and intelligence
infoDl1ation consistent with that provided to other patrol units within the police
department. This information along with requests for supplemental patrol in a
particular area or for a special event received from the Executive Director of the
CRA or her designee will be used to determine the geographic and temporal
deployment of the CRA units.
(g) It is further agreed that, to the extent necess8.1'y, the assigned personnel
will appear as witness in civil dispositions, or other civil or court proceedings
where the issue includes criminal or quasi-criminal conduct within the DistIicts.
(h) The CRA unit supervisor will submit a weekly activity report to the Chief
of Police and to the Executive Director of the CRA. The report will indicate the
areas and times of deployment during the week, any special events in which the
unit participated, and any significant incidents which should be brought to the
attention of the police department and the CRA. The fODl1 and content of the
report can be altered as needed to meet the needs of the City or the CRA.
(i) The City agrees it will provide the assigned personnel with such basic
equipment, at CRA's cost and expense, as may be necessary and reasonable in
order to allow the police officers to carry out the' duties anticipated under this
Agreement.
(j) The police department of the City will, at all times, provide supervision,
control and direction of work activities and assignments of police personnel,
including disciplinary actions. It is expressly understood the police deparhnent
shall be responsible for the compensation of the officers and all employee
benefits, as well as any injury to officer, their property, or the City's property
while on the CRA's property and acting within the course and scope of their
employment. The day to day operations of the unit will be under the supervision
of the assigned sergeant. The assigned sergeant will report to the command
officer so designated by the chief of police.
Page 2
3.0 Services provided by the CRA.
3.1 The CRA will provide the following in-kind accommodations. servlces, and
equipment:
(a) Accommodations. The CRA may provide office and storage space for the police
unit if such space is available. In the event office or storage space is provided the CRA
will be responsible for all utilities and expenses associated with the space.
(b) Equipment. Any specialized police equipment including but not limited to
weapons, unifomls, bicycles and vehicles purchased by the CRA pursuant to this
agreement will become the property of the City upon termination of this ab'Teement.
(c) Modification/D8.1nage. The CRA will make reasonable modifications to the
Equipment provided in order to meet the City's operational needs. Any damages to the
unit or equipment which are in excess of normal wear for the particular item or
Equipment, and which damage is caused by the City or its employees shall be repaired or
replaced by the City.
(e) Equipment Budget. Starting in 2008, on an annual basis the parties, through the
Chief of Police or his designee and the CRA Executive Director, agree to discuss a
proposed Equipment budget for the upcoming budget year. This Equipment budget shall
include new Equipment, replacement Equipment, maintenance costs for Equipment, and
operation costs for Equipment (including gasoline). The projected Equipment costs,
including maintenance and operation may be reflected in a mutually agreed upon
extension to this Agreement. The parties acknowledge and understand that throughout tbe
term of this Agreement and any extension thereof, Equipment may be in need of
replacement. In addition to the projected Equipment costs for the Equipment set forth in
Exhibit "B", subject to the prior approval of the CRA Executive Director, City may
purchase up to $20,000 in necessary new or replacement Equipment.
4.0 Enforcement of Rules and Regulations. The authorization of tbe City's police
officers to enforcc thc laws of the Unitcd States, the State of Florida, Palm Beach County, and
the City of Boynton Beach are unaffected by the terms of this Agreement. Nothing contained
herein shall be construed as pennitting or authorizing City police officers to use any method or to
act in any manner in violation of law or of their swom obligation as police officers.
5.0 Communications. The City agrees that theCRA will have access to all public
infonnation not exempt from disclosure under Chapter 119, F10lida Statutes, which in any \vay
deals with criminal activity in any of the CRA's communities covered by this Agreement. It is
further agreed that, upon request and at the statutory rate, the City police deparhnent will provide
to the CRA copies of such incident reports, arrest reports, or other public documents which
document or substantiate actual or potential criminal activity in or connected with the Districts.
Page 3
6.0 Plan of Operation. The Plan of Operation for supplemental police services
within the DistIict shall be as set forth in the Index Codes for the City Police Department which
are incorporated herein and in the document entitled, "Plan of Operations for CRA Special
District Officers", is attached hereto and incorporated herein as Exhibit "C". If, during the tenn
of the Agreement, either party desires to amend the scope of the Plan of Operation, either party
may request, for consideration by the other party, an amendment in writing.
7.0 Term of Contract. The term of this Contract shall begin on ,2007,
and end September 30, 2008, subject to annual renewal upon the mutual agreement of the parties.
The parties understand that on an annual basis the contract amount under this Agreement may
vary based on the negotiation and agreement of the costs to the City to provide services under
this Agreement and the costs of new and replacement Equipment.
8.0 Compensation to the City. For services provided, CRA shall compensate the
City as follows:
8.1 CRA shall pay City on a monthly basis for services provided at the rate equal to
the costs to the City for one (I) police sergeant and four (4) police officers which at the time of
this OJiginal agreement was drafted is approximately $388,794.00. The City will provide the
CRA with an invoice indicating the monthly compensation, benefits and expenses paid to the
officers and sergeant assigned to the CRA police unit. Compensation, benefits and expenses
include all expenditures on the part of the city associated with employing the member.
8.2 Any overtime incuned by an officer or sergeant assigned to the CRA unit will be
paid by the CRA. The City will provide the GRA with a report of overtime hours on a monthly
basis along with an invoice requesting payment. Any invoices provided to the CRA will be paid
by the CRA within 15 days of receipt thereof.
8.3 Upon signing this agreement the CRA agrees to pay to the City the sum of
$45,455.00 for the purchase of police equipment for the eRA assigned officers and sergeant.
8.4 Upon signing this agreement the CRA agrees to pay to the City the sum of
$ 130,830.00 for the purchase of vehicles to be utilized by the CRA assigned officers and
sergeant.
8.5 Upon signing this agreement the CRA agree to pay to the City the sum of
$8,784.00 for the purchase of patI'ol bicycles to be utilized by the CRA assigned officers and
sergeant.
8.6 On a monthly basis throughout the term of this Agreement, City shall provide
CRA with an invoice indicating any equipment reimbursement costs incurred by the City in
accordance with this Agreement. CRA shall pay each invoice and any balance due City within
fifteen days of receipt thereof.
9.0 Termination.
Page 4
9.1 The CRA may terminate this Agreement upon ninety (90) days written notice to
the City. Such notice shall be delivered by Certified Mail, Return Receipt Requested, to the
address specified in section 10.0
9.2 The City may terminate this Agreement upon ninety (90) days written notice to
the CRA. Such notice shall be delivered Certified Mail, Return Receipt Requested to the address
specified in section 10.0.
10.0 Notices. Any notices required pursuant to the tern1S of this Agreement shall be
sent by Celiified Mail, Return Receipt Requested, to the principal place of business of each of
the parties hereto, as specified below:
CRi\:
CRA Executive Director
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, Florida 33435
CITY:
City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, F10Jida 33435
And to:
Police Chief
City of Boynton Beach Police Department
100 East Boynton Beach Boulevard
Boynton Beach, FIOJida 33435
11.0 Construction of Laws. The Agreement shall consist of this Agreement and any
subsequent written addenda agreed upon by both parties.
12.0 Severability. If any provision of this Agreement or application thereof to any
person or situation shall to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it sha1l have been held invalid or unenforceable shall not be affected thereby, and shall
continue in full force and effect, and be enforced to the fullest extent permitted by law.
13.0 Modification of Agreement. This Agreement may be modified upon mutual
consent of the parties only in writing, and executed by the City Manager of City and the CRA
Executive Director.
14.0 Binding Authority. Each person signing this Agreement on behalf of either
party individually warrants that he or she has full legal power to execute this Agreement on
behalf of the party for whom he or she is signing, and to bind and obligate such party vvith
respect to all provisions contained in this Agreement.
Page 5
15.0 Governing Law. This Agreement shall be governed by the laws of the State of
Florida, with venue lying in Palm Beach County, Florida.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first written above. '
Signed and Seal and Witnessed
in the presence of:
CITY OF BOYNTON BEACH, FL
Witness
City Manager
Witness
ATTEST:
Approved as to Form
Witness
City Attorney
Witness
Chair of the CRA
Page 6
Community Redevelopment Area
Policing Program
Boynton Beach Community Redevelopment Agency
639 E. Ocean Avenue
Suite 103
Boynton Beach, FL 33435
(561) 737-3256
POLICE PROGRAM
Staff has established a monthly meeting between CRA Staff and the CRA
Police Officers to cover issue briefings such as activities, traffic, events,
enforcement issues, and public interface.
In our conversations, it was brought to our attention that our officers are
patrolling the CRA areas by themselves, which is not the recommended
practice by the Boynton Beach Police Department. It is not hard to figure out
that any type of meaningful law enforcement is difficult if not impossible with
just one person on foot or bike. Waiting for back up negates any advantage
we had to begin with. The Boynton Beach Police Department is
recommending additional officers for 23 hours of coverage in the Heart of
Boynton (HOB) and Central Business District (CBD), which would place two
C.'Docu1l1ents UI,d SellingslferrarallLocaJ Setlings\Telllporary Internet FrlcslOLKJ P\Pollce Program doc
officers on patrol together. The CRA Staff is proposing two additional police
patrol officers, one car, two bicycles and the proper equipment to outfit
officers. The CRA Police Officers would then work more as a team and patrol
both the HOB and CBD. It is also proposed that the senior member of the
CRA Police Officers work as the Supervisor of our unit and be the liaison
between the CRA and Boynton Beach Police Department.
The CRA will merge the technology of Wi-Fi with Police Protection. The CRA
will explore the concept of creating a safe zone with direct call boxes tied to
palm-pilots carried by the CRA Officers. Several may be equipped with
cameras while others will allow anonymous conversations. The CRA will post
sign age serving notice of the special patrol areas and enforcement. Citizen
interaction and direct response times will be greatly improved. The CRA
Officers one-on-one directive will be enhanced by on the street technologies.
Their enthusiasm about their jobs and what it brings to the community has
grown. I also attached a "in their
own words" comments from each
officer.
Below are "In Their Own Words"
comments from the CRA Police
Officers reflecting their
enthusiasm about their job.
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Officer Frank Danysh:
The CRA has given us the opportunity to re-establish our effective community
police efforts, bringing the police department and the community together for
the greater good of Boynton Beach.
Officer Doc Davis:
The CRA has provided us with a unique opportunity to improve our working
relationship with the community. Residents within the Heart of Boynton are
C:\DocumenlS and Scttmgslferrarnl\Local SettingslTemporary Internet FileslOLKl FIPolice Program.doc
extremely excited to have the return of officers on bikes. and on foot in the
neighborhoods.
Officer Rick Lauture:
The eRA has allowed me to work more closely with the businesses and
residents within the Heart of Boynton. Subjects who have always avoided
contacting the police are now approaching me. These people are finally feeling
secure enough to come forward and ask for help they've needed for a long time.
This increased level of cooperation is too important to lose, or not expand upon.
Officer Eric Reynolds:
The eRA has given me the ability to immerse myself into community problems
and develop solutions with benefits for everyone involved.
aricj Scttmgs\ferrZtr:J]\Local Settmgs\T emporary Internet Fi1es\OLK 1 F\Po!ice Program. doc
CRA Police Reports Compulated
-~ Feb-05 Jan-05 Dec-04 Nov-04 Oct-04 Sept-04 Total
-----
Reports
Alarms 0 0 0 0 0 1 1
Suspicious Person 2 2 0 0 0 3 7
Suspicious Vehicle 1 1 0 1 0 0 3
Stolen Vehicle 0 0 0 0 0 0 0
Assault 0 0 0 0 0 0 0
Narcotic Related 0 4 1 1 1 1 8
Parkina Citations 2 0 1 0 0 1 4
Total Traffic Contacts 89 75 121 73 58 106 522
Police Assists 1 3 5 2 9 4 24
Other 8 5 0 0 7 0 20
Civil Assist 0 0 2 0 1 1 4
Abandoned Vehicle 0 0 1 0 0 0 1
Recovered Vehicle 1 0 0 0 0 0 1
Vandalism 0 0 0 0 0 0 0
Citations 19 30 48 31 34 39 201
AAR's 1 0 1 1 0 1 4
Crashes 4 2 0 1 0 0 7
Other Thefts 0 2 1 0 0 0 3
Other Recovered Propertv 0 0 0 0 0 0 0
Weapons Related 0 0 0 0 0 0 0
Vehicle Towed 0 0 0 0 0 0 0
Batterv 2 0 2 1 1 2 8
Domestic Violence 1 2 4 2 2 2 13
Warninas 68 45 73 42 24 67 319
PAR's 2 0 1 0 0 1 4
Disturbance 2 1 0 0 3 0 6
Community Service
Business Owner Visits 412 265 243 303 87 117 1,427.0
Citizen Interactions 731 582 393 298 135 98 2,237.0
Referrals Total 24 12 7 7 10 22 82.0
Other Departments
CRA 12 6 0 5 8 10 41.0
Other 5 2 0 0 FPL - 1 0 8.0
Total Community Meetinas 0.0
Attended 2 0 0 1 0 1 4.0
Oraanized 0 0 0 0 0 0 0.0
Other Contacts 8 0 0 0 0 0 8.0
Total Hours Worked 612 618.5 512.5 543.5 411 389 3,086.5
Total Arrests 8 16 20 10 12 13 79.0
C:\Doouments and SettingslferrarallLocal SettingslTemporary Intcmet Files\OLKl F\Police Program. doc
Report Executed By: JACKDAWN On: 02/11/05
Records Found 1649
Inctype Count Percent
TRAFFIC STOP 370 22.4%
EXTRA PATORL 301 18.3%
POLICE ASST 112 6.8%
SUSP PERSON 96 5.8%
DOMESTIC 91 5.5%
DISTURB GEN 77 4.7%
ALARM COMM 61 3.7%
SUSP INCIDENT 45 2.7%
SUSP VEHICLE 38 2.3%
ALARM RES 25 1.5O/~
TRAFFIC COMP 22 1.3%
ASSAL T IN PROG 18 1.1 %
BURG DELAYED 18 1.1%
TRESPASS 15 0.9%
FIGHT UNI< WPNS 14 0.8%
MISSING JUV 14 0.8%
ACC WIO INJ 13 0.8%
BURG IN PROG 13 0.8%
FIGHT NO WPNS 13 0.8%
LOUD MUSIC 13 0.8%
V\/ARRANT ARREST 13 0.8%
ACC UI\JK INJ 12 0.7%
ACC / INJ 12 0.7%
ASSAL T DELAYED 12 0.7%
91'1 NUISAr\jCE '10 0.6%
ALS 9 0.5%
DCF ASSIST 9 0.5%
FIGHT W / WPNS 9 0.5%
THEFT DELAYED 9 0.5%
ASST MOTORIST 8 0.5%
1-95 ACCIDENT 8 0.5%
ROBBERY ARMED 8 0.5%
VERBAL DISP 8 0.5%
ANIMAL 7 0,4%
,
FIRE 7 0,4%
THEFT IN PROG 7 0,4%
911 HANGUP 0 O.ki DID
DISTURB NOISE 6 0.4%
JUV TRBL / PROG 6 0.4%
POLICE AOD 6 0,4%
ROBBERY STRNG 6 0,4%
HIT&RUN / NO INJ 5 0.3%
LOST I FOUND PROP 5 0.3%
PURSUIT 5 0.3%
SHOPLIFTER 5 0.3%
VAND DELAYED 5 0.3%
VERBAL THREATS 5 0.3%
BLS 4 0.2%
DRUG CASE 4 0.2%
DRUI\JK DRIVER 4 0.2%
RECKLESS DRVR 4 0.2%
SHOTS FIRED ~ 0.2%
~
Page: 1
C . UOL ,',,"nt.' and Scu,ngs\ft:l8raIILocal Sctlings\Tell1porary Internet FlJeslOLK 1 FlPolice Prob~.am.doc
nctype COUNT PERCENT
V AND IN PROG 4 0.2%
CLS 3 0.2%
NEIGHBOR TRBL 3 0.2%
SHOOTING 3 0.2%
SUICIDE THREAT 3 0.2%
911 INFO 2 0.1%
ABAND VEH 2 0.1%
CITY ORD VIOL 2 0.1%
FINANCE RUN 2 0.1%
FIRE ALARM 2 0.1%
INVESTIGATION 2 0.1%
OPEN DOOR 2 0.1%
STOLEN AUTO / PRO 2 0.1%
SUICIDE ATTEMPT 2 0.1%
911 OPEN LINE 1 0.1%
ALARM VEH 0.1%
BFIRE 0.1%
BUSINESS CHECK 0.1%
CHILD LOCKOUT 1 0.1%
CHILD MOLEST 1 0.1%
DRUNK PED 0.1%
FRAUD 1 0.1%
GAMBLING 0.1%
HIT&RUN I INJ 0.1%
1-95 VEH FIRE 0.1%
MISSING ADULT 1 0.1%
OBSCENE CALLS 1 0.1%
ROBBERY UNK 1 0.1%
STOLEN AUTO / DL Y 0.1%
STOLEN AUTO I REC 0.1%
VEHICLE FIRE 0.1%
WELFARE CHECK 0.1%
C:IDocuments and Seltings\felTarallLocal Settings\Temporary lntemet FiJesIOLK] FIPolice Program. doc
C 'Documents Jnd SellingslJclTJra1\Local SetlingslTemporary IntelTlel FileslOLKI FIPoJice Program,doc
o TRAFFIC STOP
III EXTRA PATROL
o POLICE ASST.
~ SUSP PERSON
. DOMESTIC
o DISTURB GEN
II ALARM COMM
o SUSP INCIDENT
. SUSP VEHICLE
~ ALARM RES
o TRAFFIC COMP
o ASSAUL TIN PROG
1
I'. BURG DELA '{ED
III OTHER
-.--- .__.._._._--~------
Attachment A- Equipment and vehicles
All equipment and bicycle estimates are for 2 new officers.
Equipment
Unifonns Per Officer Quantity Unit Cost Total Cost
Shirts(5 white-5 dark) 10 20 $35 $700
Trousers 5 10 $55 $550
Shoes 2 4 $75 $300
Vest 1 2 $475 $950 5 year life
Duty Belt (wi sidearm) 1 2 $790 $1,580
Taser 1 2 $790 $1,580
Taser Cartriges 10 20 $20 $400
Gas Mask 1 2 $240 $480
Portable Radio 1 2 $3,700 $7,400 average life 10 yrs
Computer (Laptop) 1 2 $2,500 $5,000 average life 5 yrs
Winter Jacket 1 2 $235 $470
Raincoat 1 2 $135 $270
Flashlight 1 2 $100 $200
Mise Gear I 2 $250 $500
Cell Phones I 2 $40 $80
Cell Phone yearly contracts I 2 $120 $240
Business Cards ] 2 $25 $50
Total $20,750 $20,750
Vehicles
Patrol Vehicle Quantity Unit Cost Total Cost
Ford Crown Victoria*** n/a 1 $27,000 $27,OQO average life 3 yrs
Stop Sticks I $360 $360
Graphics 1 $275 $275
Gun Rack 1 $230 $230
Center Consol Box ] $400 $400
Computer Communications 1 $3,000 $3,000
Car Radio 1 $3,800 $3,800
In - Car Camera 1 $5,500 $5,500
Transport Seat n/a 1 $300 $300
Installation charges 1 $],500 $1,500
Car Jump Starter I $80 $80
Maintenance and fuel-l year 1 $4,500 $4,500
Total $46,945 $46,945
... Reflects item oWl/ed by CRA
IJatrol Bikes*** 1 2 $1,100 $2,200
Lighting Equipment 1 2 $300 $600
Bike Glasses 1 2 $75 $150
Safety Equipment Kit 1 2 $250 $500
Mise gear 1 2 $200 $400
Vehicle Bike Racks 1 1 $55 $55
Maintenance agreement 1 2 pkg-1 year $1,400
Bike Uniforms 4 8 $250 $2,000
Bike Jackets 1 2 $175 $350
Total $7,655 $7,655
... Reflects item OWl/cd by CRA
C:IDocul11enlS and Settingslfcrraral\Local SettingslTemporary 111lemet FileslOLK I F\Police Program.doc
Equipment for existing 4 officers
Yearly Replacements Per Officer Qty Unit Cost Total Cost
Sluns (3 wbite- 2 dark) 20 $35 $700
Trousers/Shons I ] 6 $55 $880
~
undershins 6 24 $20 $480
bike shons , 12 $50 $600
bike gioves 1 16 $40 $640
.,
shoes 2 1:\ $75 $600
llllSC gear 4 $300 S 1 ,200
business cards Ibox 4 525 $100
conmmrllty education materials SI,500
schooling $2,500
taser cartriges 10 40 S20 $800
cell phone yearly contract ~ S120 $480
total $10,480
S10,480
Bike/Vehicle costs-existing bikes/cars
Qty
"eluck maintenance and fuel 'J
bike maintenance and repairs -1
Total
Unit Cost Total Cost
$4,500 $9,000
$500 $2,000
$11,000
$11,000
$96,830
$421,956
S518.786
Total Equipment and Maintenance
Total Sala,-y for 6 Off1cers for the 2005/06 Budget Year
Total for 2005/06 Budget
i.lrld Ser:n--:gs\fcn.aral\Loca! Scttings\Tc:r:porary lr:len",et Fi]es\OLK 1 F\Pollce ProgrsTll,doc
15.0 Governing Law. This Agreement shall be governed by the laws of the State of
Florida, with venue lying in Palm Beach County, Florida.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first wlitten above.
Signed and Seal and Witnessed
in the presence of:
CITY OF BOYNTON BEACH, FL
Witness
City Manager
Witness
ATTEST:
Approved as to Form
Witness
City Attorney
Witness
Chair of the CRA
Page 6
9.] The CRA may terminate this Agreement upon ninety (90) days written notice to
the City. Such notice shall be delivered by Celiified Mail, Retum Receipt Requested, to the
address specified in section] 0.0
9.2 The City may temlinate this Agreement upon ninety (90) days \vlitten notice to
the CRA. Such notice shall be delivered Certified Mail, Retum Receipt Requested to the address
specifled in section 10.0.
10.0 Notices. Any notices required pursuant to the terms of this Agreement shall be
sent by Certified Mail, Retum Receipt Requested, to the principal place of business of each of
the panies hereto, as specified below:
CRA:
CRA Executive Director
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, Florida 33435
CITY:
City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FIOJida 33435
And to:
Police Chief
City of Boynton Beach Police Department
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
1] .0 Construction of Laws. The Agreement shall consist of this Agreement and any
subsequent written addenda agreed upon by both parties.
12.0 Severability. If any provision of this Agreement or application thereof to any
person or situation shall to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable shall not be affected thereby, and shall
continue in full force and effect, and be enforced to the fullest extent pennitted by law.
13.0 Modification of Agreement. This Agreement may be modified upon mutual
consent of the parties only in writing, and executed by the City Manager of City and the CRi\.
Executive Director.
14.0 Binding Authority. Each person signing this Agreement on behalf of either
paJiy indIvidually warrants that he or she has full legal power to execute this Agreement on
behalf of the party for whom he or she is signing, and to bind and obligate such party \vith
respect to all provisions contained in this Agreement.
Page 5
. ,
IX.-CITY MANAGER'S
REPORT
ITEM B.
ADDITIONAL
INFORMATION
1
2
3
4
5
6
7
8
9
10
11
12
13
14
RESOLUTION NO. R07-
A RESOLUTION OF THE CITY COMMISSION OF
BOYNTON BEACH, FLORIDA, APPROVING THE
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND THE BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY FOR
SUPPLEMENT AL POLICE SERVICES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the CRA desires to contract with the City of Boynton Beach for
I additional police services within the Community Redevelopment area; and
I WHEREAS, Boynton Beach Community Redevelopment Agency will provide
I
I the funding for the personnel and equipment needed for the additional police services to
15
16
17
18 II the downtown and marina districts along with the Heart of Boynton area; and
19 II WHEREAS, the City Commission of the City of Boynton Beach, upon
20 II recommendation of staff, deems it to be in the best interests of the residents and citizens
21 ' I of the City of Boynton Beach (0 approve the Agreement between the City of Boynton
22 Beach and Boynton Beach Community Redevelopment Agency.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
Each Whereas clause set forth above is true and correct and
26 incorporated herein by this reference.
27
Section 2.
The City Commission of the City of Boynton Beach, Florida does
28 hereby approve the Agreement between the City of Boynton Beach and the Boynton
29 Beach Community Redevelopment Agency, a copy of said Agreement is attached hereto
as Exhibit "A".
2
Section 3.
That this Resolution shall become effective immediately upon
3 passage.
4 PASSED AND ADOPTED this _ day of December, 2007.
5
6 CITY OF BOYNTON BEACH, FLORIDA
7
8
9 Mayor - Jerry Taylor
10
11
12 Vice Mayor - Jose Rodriguez
13
14
15 Commissioner - Ronald Weiland
16
17
18 Commissioner - Woodrow L. Hay
19
20
21 Commissioner - Marlene Ross
22 ATTEST:
23
24
25
26 Janet M. Prainito, CMC
27 City Clerk
28
29
30 (Corporate Seal)
31
32
33 S:\CA\RESOlAgreements\BBPDlPolice Services Agreement with CRA (2007).doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
[x. - CITY MANAGER'S
REPORT
ITEM C
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
[;gj December 18, 2007 December 3,2007 (Noon) 0 February 19,2008 February 4, 2008 (Noon)
0 January 2, 2008 December 17,2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon)
0 January 15,2008 December 31, 2007 (Noon) 0 March 18,2008 March 3, 2008 (Noon)
0 February 5, 2008 January 14,2008 (Noon) 0 April 1, 2008 March 17,2008 (Noon)
0 Anno u ncementslPresentati ons [;gj City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Review and approve 2008 state appropriation submittals.
EX PLAN A TION: Staff has received word from our legislative delegation that appropriation requests should be
forwarded to members (one house and one senate) of any project for which we may be seeking state funding. This can
be in the form of specific agency funding or a special appropriation. Staff has assembled two priority projects that we
believe would have merit with state legislators, and we would appreciate City Commission review and approval for
submittal.
PROGRAM IMP ACT: Funding, if approved would reduce local funding costs for the projects listed.
FISCAL IMPACT: N/A
AL TERNA TIVES: Do not pursue the project of fund the projects 100% loca! or by other grants, as available.
Assistant to City Manager
anager's Signature
(ftL
kfy m~~;LOIf1Ce.)
City Attorney I Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
Representative Mary Brandenburg, District 89
305 Lake Avenue, Lake Worth, Florida, 33460-3906 (561) 540-1157 Fax - (561) 540-1159
Florida House District 89: Boynton Beach, Cloud Lake, Glen Ridge, Greenacres, Hypoluxo, Lake Worth, Lantana, Palm
Beach, Palm Springs, South Palm Beach, West Palm Beach, Westgate, and part of unincorporated Palm Beach County
September 26, 2007
Kurt Bressner, City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33435
Dear Mr. Bressner:
Section 216.052 of the Florida Statutes provides that cities may request state appropriations for a
program, service, or capital outlay initiative that is local or regional in scope. Cities may begin
submitting Community Budget Issue Requests (C~IRs) beginning in December. The deadline for me
to submit a CBIR is January 11, 2008. If you plan to submit a request for the upcoming 2008
Session please fill out the enclosed CBIR form and return it to my office as soon as possible.
I hope this is helpful and please feel free to contact me if you have any questions.
Sincerely,
Vm/~ ~bwvr /ur;]
Representative Mary Brandenburg J
MB/cmg
r,
~:,EP
Vice-Chair, Palm Beach County Legislative Delegation
Committees: Environment & Natural Resources Council (Ranking Democrat), Policy & Budget Council,
Conservation & State Lands Committee, and Utilities & Telecommunications Committee.
Project Tracking #:
Community Budget Issue Request
I. Project Title: Mabile Incident Cammand Center
Date:
11/19/07
2. Member Spansar(s) Name:
District Na.(s):
What statewide interest daes this project address as it relates to. Chapter 216.052(1)? In campliance with the Hameland Security Presidential
Jlrective/Hspd-8, the Citv ofBovnton Beach must acquire the necessary equipment far "all hazards preparedness" i.e. domestic terrarists. maior
disasters and ather emergencies. Our first respanders must have the toals necessary to provide immediate support services during preventian,
respanse and recoverv aperations. The City af Boynton Beach leaders and staff have campleted NIMS training and have plans in place, hawever we
still lack the necessary resaurces to maximize our ability to prevent, respond to and recover from maior events. This mobile incident cammand center
will enable Baynton Beach to sustain a presence and provide interaperability with ather agencies to. immediately and effectively respand to all
hazards.
4. Requester:
Name: ChiefG. Matthew Immler Organization: Citv afBovnton Beach
5. Recipient:
Name: City afBavntan Beach
Street: 100 East Boyntan Beach blvd.
City: Bavnton Beach
Zip Code: 33435
Caunties: Palm Beach Gov't Entity xD or Private Organizatian (ProfitINat far Prafit) D
6. Contact:
Name: Sgt. Suzanne Gitto. Phane 561-742-6141 e-mail: gittascii;ci.bovntan-beach.fl.us
7. Project Description: (Include services to. be provided) Purchase a complete mabile incident cammand center to be used during multi-agency
multi-iurisdictianal aperatians. Services include respanse to. damestic terrarist attacks, maior disasters and other emergencies.
8. Is this project related to. a federal ar state declared disaster? Yes D
8a. Iryes. which declared disaster?
8b. If yes. what year?:
9. Measurable Outcome Anticipated: To. experience no miscammunicatians with cammunicatians/operatianal response during a maior incident
No. xD
within the next year.
Amaunt yau are requesting fram the State far this project this year?
] 1. Tatal cast afproJect this year: I $429,750
12. Is this request being made to fund (check all that apply):
Amaunt Requested: I $429,750
Operatians xD
Constructian D
13. What type af match exists far this request? Lacal
D
I $
Private D
Federal D
Nane xD
]3a. Enter all amaunts that apply: Total Cash Amaunt
Tatal In Kind Amount
I $
]4. Was this project previausly funded by the State? Yes D
No xD
_(eg.2002-2003)
Amount:
I $
14a. If yes, mast recent Fiscal Year
]5. Is future-year funding likely to be requested? Yes D No. X D
15a. I f yes, how much? I $
15b. Purpase far future year funding: Recurring Operations D Non-Recurring Canstructian D Other
16. Will this be an annual request? Yes D
NoxD
17. Was this project included in an Agency Budget Request? Yes D
NaxD
17 a. I f yes, name the Agency:
18. Was this project included in the Gavernar's Recammended Budget? Yes D
No X D Unknown D
19. Is there dacumented need far this project?
Yes D
NoXD
~a. If yes, what is the dacumentatian? (eg: LRPP, Agency Needs Assessment, etc.)
.:;0. Was this project request heard befare a publicly-noticed meeting ofa bady afelected afficials (municipal, caunty, or state)? Yes X D No D
20a. If yes, name the Body: Citv afBovnton Beach Commission
21. Is this a water project under s. 403.885, F.S.? Yes D No. xD
Project Tracking #: _____~_~
Community Budget Issue Request
I. Projc:ct Title: Public Safety/Homeland Security Trainim~ Facilit\
Date:
12/l 0/07
2. Member Sponsor(s) Name:
District No.(s):
3. What statewide intel'est does this project address as it relates to Chapter 216.052( I)'! In compliance with the Homeland Security Presidential
DirectivelH spd-S, the City of Boynton Beach must be prepared for all types of emergencies regardless of source or magnitude i.e. domestic terrorists.
maior disasters and other emergencies. Our first responders must not only have classroom but also practical hands-on training to effectively handle a
variety of situations. The City of Boynton Beach leaders and staff have completed NIMS training and have plans in place, however we still lack the
necessary resources to maximize our abilitv to prevent. respond to and recover from maior events. The development of an 8-acre training site will
c:nable Boynton Beach public safety divisions to be fully prepared for domestic terrorists. maior disasters and other emergencies.
4. Requester:
Name: James Ness
Organization: Citv of Bovnton Beach
5. Recipient:
Name: City of Boynton Beach
Street: 100 Boynton Beach Blvd.
City: Boynton Beach
Zip Code: 33435
Counties: Palm Beach
6. Contact:
~ame James Ness. Deputy Fire Chief
GOy't Entity X D or Private Organization (Profit/Not for Prolit) D
Phone #: (561) 742-6333 e-mail: jl1l;Ssi(l.ci.boynton-hcachll.l!s
7. Project Description: (Include services to be provided) The City of Bovnton Beach currentlv has and 8-acre site that was once a water treatment
1~I(.:ility. rhis site is currentlv being used as a storage area for our facilities management division and as a site for our public safe tv communications
tower and eClUipmenl. \lv'ith the recent closing of our local school hoard lire academy. the closest fire training site is approximately 15 miles to the
north of LIS It is our intention to rehabilitate approximatelv 60% of this site for use as a training site for both our city's public safety units and
surrounding tire rescue and police agencies in need of training facilities. Drafting pits. hydrant and standpipe connections. burn building. pads for
aerial operation training. designated sites for vehicle extrication operations. and driver training facilities are but a few of the design elements planned
lar this site. There is also a single story administrative building shell that we would like to rehab for use as a classroom. The maiority of this proiect
will be the deyelopment of roads, concrete pads and simulated water supplv lines. This facilitv ,','ould be made available for both police and fire use
along with other public safetv agencies.
8. Is this project related to a federal or state declared disaster'! Yes D
8a. I I' yes. which declared disaster')
8b. I I' yes. what year'"
9. '\1easurable Outcome Anticipated:
NoX D
10. Amount you are requesting Ii'om the State far this project this year'.'
II. lotal cost or project this year: I $] .200,000
12. Is this request being made to fund (check all that apply):
Amount Requested: I $1,200,000
Operations
Construction X D
13. What lype or match exists far this request')
Local X D
Privatc
D
D
I
Federal D
None D
13a Elller all amounts that appl)' Total Cash Amount I $
Total In Kind Amount
I 52,787,840
14. \\as this project previously funded by the State')
Yes D
"loX D
14a. If)cs. most recent Fiscal 'r'car
___( eg. 2002-2003)
Amount:
I 5
15. Is future-year funding likely to he requested') Yes X D 1\0 D
15a. lryes, how much')
I 575,000
15b. Purpose ror future ycar funding: Recurring Operations D Non-Recurring Construction X D Other
16. Willlhis be an annual request') Yes D
NoxD
17. Was this project included in an Agency Budget Request') Yes D
NoxD
17a. If yes, name the Agency:
18. Was this project included in the Governor's Recommended BudgeI" Yes D
No X D Unknown D
19. Is there documented need for this project"
Yes xD
1\0 D
Project Tracking #: Community Budget Issue Request
19a. If yes, what is the dacumentatian? (eg: LRPP, Agency Needs Assessment, etc.) Lass of aur local Fire Training Academy
20. Was this project request heard before a publicly-naticed meeting of a body af elected officials (municipal, county, ar state)? Yes X 0 No. 0
1. I f yes, name the Bady: Bovnton Beach Citv Commission
21. Isthisawaterprojectunders.403.885,F.S.? YesD NoxD
(See http://www.c1ep.state.tl.us/water/watemraiectfuncling/2008/wpf 2008 main.htm for more information including historical funding)
If Yes, please complete Page 2
IJ1PORT,L\T: /'/ TIACH 4PPIWPRI,j 1'E SUPPORTING [)OCUMENT4 1'ION FOR TillS CBIR...; REOUEST
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
X December 18,2007 December 3, 2007 (Noon) 0 February 19,2008 February 4, 2008 (Noon)
0 January 2, 2008 December 17,2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon)
0 January 15,2008 December 31, 2007 (Noon) 0 March 18, 2008 March 3, 2008 (Noon)
0 February 5, 2008 January 14,2008 (Noon) 0 April I, 2008 March 17,2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative X New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
EXPLANATION: Last minute negotIatIOns between the City and the Developers of Gulfstream
Gardens has resulted in an Agreement being reached to resolve the issue of inclusion or exclusion of the
project in the CRA. The Agreement affects 7.966 acres of a total 15.36 acres project all of which has
been annexed into the City of Boynton Beach.
In 2006 a 15.46 parcel was assembled for development along South Federal Highway. A portion of the
property was already in the City (7.494 acres) while the balance was unincorporated Palm Beach County
(7.966 acres). The 7.494 acre portion of the property already in the City limits was also in the limits of
the CRA. The unincorporated 7.966 acres was subsequently annexed into the City to form Phase 1 and
Phase II of Gulfstream Gardens. However, there was not an automatic annexation of the 7.966 acres into
the CRA.
A change in the CRA boundaries requires City Commission approval. Approval of the CRA boundaries
to include this property is not recommended as it would result in a loss of tax revenue to the City. The
developer requested that the 7.966 acres of the project be included in the CRA to take advantage of the
Special High Density Land Use Classification that is only available in that portion of the CRA identified
as Planning Areas 1 or 5 (of the Federal Highway Corridor Redevelopment Plan) or other areas of the
City if in connection with affordable housing. The proposed Agreement confirms the Developer's
entitlement to Special High Density Land Use and corresponding zoning and eliminates the need for
inclusion in the CRA area. In return, the Developer agrees not to seek an administrative or judicial
determination regarding inclusion of the property in the CRA area.
PROGRAM IMP ACT: Staff had previously confirmed with the County that the property could be
annexed into the CRA without creating another mini-CRA and had also determined the financial tax loss
to the City with the annexation of the 7.966 acres into the CRA.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMP ACT: (Include Account Number where funds will come from) Based on projections of a
2010-2011 completion date for the development, and using a millage rate of 6.4553%, the annual loss to
the City with annexation was determined to be $281,970. This is based on an assumed taxable value of
the project at $89M. This loss would continue each year.
AL TERNA TIVES:
1.) Amend the boundaries of the CRA and request that CRA provide replacement revenue or in-kind
services in the amount of $300,000 a year to compensate for the loss of property tax revenue for the City.
2.) Amend the boundaries of the CRA with no revenue sharing formula from the CRA to make up for
lost property tax revenue to the City.
RECOMMENDATION: Approve the Agreement with the Developer.
~~
City Manager's Signature
Assistant to City Manager CI111-
Depa
Department of Development
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
II
1
2 RESOLUTION NO. R07-
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, APPROVING THE
7 AGREEMENT BETWEEN THE CITY OF BOYNTON
8 BEACH AND GULFSTREAM GARDENS
9 II/GULFSTREAM GARDENS, LLC., WHICH WOULD
10 RESOL VE ANY POTENTIAL DISPUTE REGARDING
11 THE LAND USE AND ZONING DESIGNATIONS;
12 AUTHORIZING THE CITY MANAGER AND CITY
13 CLERK TO EXECUTE SAID AGREEMENT; AND
14 PROVIDING AN EFFECTIVE DATE.
15
16
17 WHEREAS, last minute negotiations between the City of Boynton Beach and the
18 Developers of Gulfstream Gardens has resulted in an Agreement being reached to resolve the
19 issue of inclusion or exclusion of the project in the CRA; and
20 WHEREAS, the proposed Agreement confirms the Developer's entitlement to Special
21 High Density land use and corresponding zoning and eliminates the need for inclusion in the
22 CRA area; and
23 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best
24 interest, health, safety and welfare of the citizens and residents of Boynton Beach to enter into
25 the Agreement with Gulfstream Gardens II/Gulfstream Gardens, LLC.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28
Section 1.
Each Whereas clause set forth above IS true and correct and
29 incorporated herein by this reference.
30
Section 2.
The City Commission of the City of Boynton Beach, Florida hereby
31 approves and authorizes the City Manager and City Clerk to execute the Agreement between
S:\CA\RESO\Agreements\Agmt with Gulfstream Gardens (LV zone).doc
II
the City of Boynton Beach and Gulfstream Gardens II/Gulfstream Gardens, LLC., which
2 would resolve any potential dispute regarding land use and zoning designations of the
3 property, a copy of said Agreement is attached hereto as Exhibit "A".
4
Section 3.
That this Resolution shall become effective immediately upon passage.
5
PASSED AND ADOPTED this _ day of December, 2007.
6
7
8
9
~~ I
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 ATTEST:
29
30
31
32 Janet M. Prainito, CMC
33 City Clerk
34
35
36 (Corporate Seal)
37
38
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
S:ICAIRESO\Agreements\Agmt with Gulfstream Gardens (LV zone).doc
XI. - NEW BUSINESS
ITEM A. UPDATED
AGREEMENT
SETTLEMENT AGREEMENT
This SETTLEMENT AGREEMENT is entered into this 18th day of December,
2007 between the City of Boynton Beach, Florida (hereinafter "City") and Gulfstream
Gardens II, LLC and Gu1fstream Gardens, LLC, (hereinafter collectively "Gulfstream" or
"Applicant").
WHEREAS, the City has heretofore issued a development order as described
further below (i) annexing certain property (the "Annexed Property") owned by
Gulfstream into the City; (ii) establishing a Future Land Use Designation for this
Annexed Property and additional property which was already within the jurisdictional
boundaries of the City of Boynton Beach and also owned by Gulfstream (the "Additional
Property"); (iii) establishing zoning for the Annexed Property and Additional Property;
and (iv) approving a site plan for the Annexed Property and Additional Property.
WHEREAS, the Annexed Property and Additional Property is sometimes
referred to collectively as the "Property" and is described in Exhibit" A."
WHEREAS, Gulfstream, following recommendations from City Staff, the
Community Redevelopment Agency and the Planning and Development Board obtained
City Commission approval of (i) a land use designation of Special High Density
Residential ("SHDR"); (ii) zoning of Planned Unit Development ("PUD"); and (iii) a
site plan, resulting in the issuance of development order among other things, for the
Property;
WHEREAS, at the time of such approvals it was assumed that all of the Property
was, or was soon to be, within the boundaries of the Boynton Beach Community
Redevelopment Agency; and
S:\CA\AGMTS\SETTLEMENT AGREEMENT GULFSTREAM GARDEN (3) (3).doc
- 1 -
WHEREAS, the Annexed Property described in Exhibit "B" attached hereto and
made a part hereof is not within the boundaries of the Boynton Beach Community
Redevelopment Agency; and
WHEREAS, Gulfstream detrimentally relied on a factual determination by the
City's Development Department, which assumed that all of the Property would
subsequently be incorporated into the Boynton Beach Community Redevelopment area;
and
WHEREAS, Gulfstream has substantially changed its position and incurred
extensive expense based on the information provided by the City's Development
Department and as a result of the results at the aforementioned meetings; and
WHEREAS, the City and Gulfsteam following negotiations have reached a
settlement which would resolve any potential dispute regarding the boundaries.
NOW, THEREFORE, the parties agree as follows:
1. The Applicant acknowledges that the Annexed Property described in
Exhibit "B" is not within the boundaries of the Boynton Beach
Community Redevelopment Agency, notwithstanding the land use of
SHDR and the zoning approval of PUD, granted by the City, which land
use and zoning are otherwise reserved for properties wholly within the
Boynton Beach Community Development Agency boundaries.
2. The Applicant agrees not to seek or support inclusion of the Annexed
Property described in Exhibit "B" to be within the Boynton Beach
Community Redevelopment Agency boundaries by administrative,
judicial action or otherwise.
S:\CA\AGMTS\SETTLEMENT AGREEMENT GULF STREAM GARDEN (3) (3).doc
- 2 -
3. The City acknowledges that the Applicant has detrimentally relied on an
error of fact made by the City and has relied in good faith on the City's
actions and in doing so has substantially changed its position and incurred
extensive expense.
4. The City further acknowledges that it is equitable estopped from
rescinding its land use of SHDR, zoning approval ofPUD and the site plan
for the Property and the City will not initiate or support any challenge to
those approvals.
5. This Settlement shall be recorded by the City in the public records of Palm
Beach County, Florida.
IN WITNESS WHEREOF, the City and Gulfstream have duly executed this
Settlement Agreement as of the dates shown below.
CITY OF BOYNTON BEACH,
FLORIDA
Attest:
By:
Kurt Bressner
City Manager
By:
Janet M. Prainito, CMS
City Clerk
Approved as to form:
By:
James Cherof
City Attorney
S:\CA\AGMTS\SETTLEMENT AGREEMENT GULF STREAM GARDEN (3) (3).doc
- 3 -
GULFSTREAM GARDENS, LLC
Attest:
Print Name
By:
Its: as Managing Members
Gulfstream Gardens, LLC
Print Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
, 2007, by as Managing
Member of Gulfstream Gardens, LLC, a Florida limited liability company, on behalf of
the
Signature of Notary Public-State of Florida
Print, Type, or Stamp Commissioned Name
of Notary Public
My Commission Expires:
Personally Known _ OR Produced Identification
Type of Identification Produced
GULFSTREAM GARDENS II,
LLC
Attest:
Print Name
By:
Its: as Managing Members
Gulfstream Gardens II, LLC
Print Name
S:\CA\AGMTS\SETTLEMENT AGREEMENT GULF STREAM GARDEN (3) (3).doc
- 4-
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
, 2007, by as Managing
Member of Gulfstream Gardens II, LLC, a Florida limited liability company, on behalf of
the
Signature of Notary Public-State of Florida
Print, Type, or Stamp Commissioned Name
of Notary Public
My Commission Expires:
Personally Known _ OR Produced Identification
Type of Identification Produced
S:\CA\AGMTS\SETTLEMENT AGREEMENT GULFSTREAM GARDEN (3) (3).doc
- 5 -
EXHIBIT A
The annexed property is described as follows:
Commence at the Southeast comer of Tract 47 as shown on the amended
Plat of "Trade Winds Estates" as recorded in Plat Book 21, Page 73 of the
Public Records of Palm Beach County, Florida, for a point of beginning;
thence East along the North line of said "Trade Winds Estates", a distance of
100 feet to a point; thence Northeasterly along a line parallel to the Easterly
line of Tract 47 of said "Trade Winds Estates" a distance of 15 feet to a
point; thence West on a line parallel to the North line of Tract 51 of said
"Trade Winds Estates, a distance of 100 feet, more or less, to a point on the
Easterly line of Tract 47; thence southerly along the East line of Tract 47, a
distance of 15 feet, more or less, to the point of beginning.
Start at the Southwest comer of Lot 52, "Trade Winds Estates", Palm Beach
County, Florida, 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 21, Page 73; thence run Easterly 484.20 feet to the West right-
of-way line of U.S. Highway No.1; thence Southerly 100 feet along said
West right-of-way line; thence Westerly parallel to the North boundary
above described to the Northeast comer of Lot 46, "Trade Winds Estates";
thence Northerly 96.43 feet to the point of beginning. Said lands situate,
lying and being in Palm Beach County, Florida.
Tract 46, Trade Winds Estates, a subdivision in Palm Beach County, Florida,
according to the Plat thereof recorded in the Office of the Clerk of the
Circuit Court in and for Palm Beach County, Florida, in Plat Book 21, Page
73, and also the following described Tract of land: commencing at the
Southeast comer of Tract 47, as shown on the Plat of "Trade Winds Estates"
Plat Book 21, Page 73, Palm Beach County Public Records run Northerly
along the East line of said Tract 47, a distance of 15 feet to the point of
beginning; from the point of beginning, thence run Easterly parallel to the
North line of Tract 51 of the said "Trade Wind Estates". A distance of 100
feet, to a point; thence run Southerly, parallel to the East line of the said
Tract 47, a distance of 15 feet, to a point in the North line of the said Tract
51; thence run easterly along the North line of the said Tract 51, a distance
of 186.77 feet to a point; thence run Northerly, at an angle of 107037'
(turned from west to North) with the North line of the said Tract 51, a
distance of 200 feet, to a point; thence run Westerly, parallel with the North
line of the said Tract 51, a distance of 316.39 feet to the Northeast comer of
Tract 46 of the said "Trade Winds Estates; thence run Southerly a distance
of 177.70 feet to the point of beginning.
Lot 52, amended Plat of "Trade Winds Estates", 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 21, Page 73; said lands
situate lying and being in Palm Beach County, Florida.
Lots 43, 53, 53A amended Plat of "Trade Winds Estates", a subdivision in
Palm Beach County, Florida according to the Plat thereof on file in the
Office of the Clerk of the Circuit Court in and for Palm Beach County,
Florida, in Plat Book 21, Page 73.
The East 300 feet of Lots 54 and 55, amended Plat of "Trade Winds
Estates", Palm Beach County, Florida according to the Plat recorded in the
Office of the Clerk of the Circuit Court in and for Palm Beach County,
Florida thereof, in Plat Book 21, Page 73, subject to the existing right-of-
way of U.S. Highway #1, together with improvements located thereon.
S:\Planning\SHARED\WP\PROJECTS\Gulfstream Gardens\GULFSTREAM GARDENS Annexed
Properties Legal Description.doc
GULFSTREAM GARDENS PHASES I AND II
eRA BOUNDARIES
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XI. - NEW BUSINESS
CITY OF BOYNTON BEACH ITEM B.
AGENDA ITEM REQUEST FORh...
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
[;gj December 18. 2007 December 3. 2007 (Noon) 0 February 19,2008 February 4, 2008 (Noon)
0 January 2, 2008 December 17,2007 (Noon) 0 March 4, 2008 February] 9,2008 (Noon)
0 January 15, 2008 December 31, 2007 (Noon) 0 March 18, 2008 March 3, 2008 (Noon)
0 February 5, 2008 January 14,2008 (Noon) 0 April I, 2008 March 17,2008 (Noon)
0 Announcements/Presentati ons 0 City Manager's Report
NATURE OF 0 Administrative [;gj New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Discussion of the importance of environmental stewardship and the establishment ofa Green
City Task Force to make recommendations to the City Commission regarding environmental sustainability.
EXPLANATION: Per the request ofa member of the Commission, and in an effort to increase environmental
sustainability, the following documents have been attached for review and discussion; the Palm Beach Post article of
November 14,2007 reporting the creation ofa Green Task Force by the Delray City Commission, and a copy of the
Delray City Commission resolution establishing the Green Task Force.
PROGRAM IMPACT: Should the Boynton Beach City Commission decide to create a Green Task Force emulating
the City of Delray Beach, the task force could provide recommendations to the Commission on ways to improve
environmental sustainability for city programs, facilities and the community; incentives for residents and businesses to
practice environmental conservation; ways to enhance water and energy conservation; ideas for promotion of tree
planting and xeriscaping; and best practices to consider for long-term strategies and implementation.
Currently, the City's Department of Development has enrolled the City of Boynton Beach as members of the US
Green Building Council and attended the Green Build Conference held in Chicago early November of this year.
Development staff will be hosting internal education seminars for other City departments. They are attending local
presentations provided by the Broward County and Palm Beach County Chapters of USGBC to examine how the City
can incorporate greater site conservation of existing environmental characteristics; water conservation; more
sustainable, energy efficient structures and greater recyclinglreuse of construction materials into our Code of
Ordinances; Land Development Regulations and Building Code Amendments.
FISCAL IMPACT: N/A
AL TERNA TIVES: Not to allow discussion; allow discussion and take no action; or allow discussion and direct the
City Manager to have staff bring back a draft resolution to the next City C~m)nission meeting.
, V~
Depa City Manager's Signature
Assistant to City Manager C/'Ytt--
tdj ~"~Jrrc.V
SIBULLETIN\FORMSIAGENDA ITEM REQUEST FORM. DOC
City Attorney I Finance
Delray hopes to help environment with task force
By C:::F,NN.1l, Sf'I'ITH
Palm Beach Post Staff Writer
Wednesday, Kovember 14, 2007
DELRAY BEACH - Co~~issioners want the city to think green, so they're
creating the city's first Green Task Force.
The board of seven members, to be appointed by commissioners, 'rll.L mee1~
for six months to study ways the city can be more environmentally
friendly.
:::t has already taken steps to be more environmentally conscious --
replaced some conventional cars with hybrids, swapped out aging air-
conditioner units with high efficiency ones, enforced irrigation
restric~io~s and is expanding its reclaimed wate~ facili~ies t red~ce
the cons~mDticn of potable water.
3Gt during Tuesday's commission meeting, commissioners said they want
1- '" '~i .')
'_ '-' '-.A'-'
e"V2~~ :1',o:::e.
"viher: you look around at our world, it:' s Just a responsibility that has
taken hold allover the world," Mayor Rita Ellis said. "People are
understanding the havoc that we create, we'll end up paying for in the
long rc:n."
According to the Worldwatch Institute, an independent research
organization that concentrates on environmental, social and economic
trends, ways to be more environmentally friendly include composting
food scraps; skipping bottled water in favor of filt:ered tap water t
eliminate container waste; eating one meatless meal per week because
lndust:rial meat production requires energy and creates waste; taking
shorter showers to save water and washing clothes in cold water.
ice Mayor Fred Fetzer sald he'c like the task force to see wnat: ot:her
cities are doing to bet:ter protect the environment, but he also
stressed that the members need to be concerned about spending, just as
the city ~as to be.
:J f: 1 )
int:erested in being a part
43-'7 1
~.c
-...J~
the board can cent act
city dcLL~
ALy:=:,ne
Find this article at:
sIb dbmeetlll4.html
RESOLUTION NO. 67-07
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
CREATING THE GREEN TASK FORCE TO MAKE
RECOMMENDATIONS TO THE CITY COMMISSION
REGARDING ENVIRONMENTAL SUSTAINABILlTY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS the State of Florida has established the Florida Energy
Commission as well as the Century Commission for a Sustainable Florida which
has recommended the state make energy security and greenhouse gas reduction
a top priority; and
WHEREAS the City of Delray Beach recognizes the importance of
environmental stewardship regarding energy, water, air, land and waste; and
WHEREAS, the City Commission of the City of Delray Beach, Florida,
desires to establish a Green City Task Force to make recommendations to the
City Commission regarding environmental sustainability.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission hereby agrees to appoint a Green
Task Force with member requirements as set forth below:
A. Green Task Force Member Requirements:
1. The Task Force shall consist of seven (7) members
appointed by the City Commission.
2. All members shall have expertise or an interest in
environmental conservation and sustainability and shall
be residents of or own property in the City, own a
business within the City, or be an officer, director or
manager of a business located within the City.
Section 2. That the Green Task Force shall be responsible for providing
recommendations to the City Commission regarding:
1. Ways to improve the environmental sustainability of
City programs, services, equipment and facilities.
2. Strategies for improving the environmental
sustainability of the community.
3. Incentives for residents, businesses, and
organizations to practice environmental conservation
including recycling.
4. Proposed means to enhance water and energy
conservation.
5. Ideas for promotion of tree planting and xeriscaping.
6. Best practices to be considered for implementation in
Delray Beach, including long-term strategies.
Section 3. That the Green Task Force shall conduct their review and
provide a report of recommendations to the City Commission and shall sunset six
(6) months from the date of the initial organizational meeting of the Task Force
unless extended by the City Commission. The Task Force shall consider the
cost to implement their ideas as the recommendations are formulated.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED In regular session on the
,2007.
day of
MAYOR
Attest:
City Clerk
About USGBC
The U.S. Green Building Council (USGBC) is a non-profit organization committed to expanding sustainable
building practices. USGBC is composed of more than 12,000 organizations from across the building industry
that are working to advance structures that are environmentally responsible, profitable, and healthy places to
live and work. Members includes building owners and end-users, real estate developers, facility managers,
architects, designers, engineers, general contractors, subcontractors, product and building system
manufacturers, government agencies, and nonprofits.
USGBC's Mission
To transform the way buildings and communities are designed, built and operated, enabling an
environmentally and socially responsible, healthy, and prosperous environment that improves the quality of
life.
USGBC's Guiding Principles
USGBC's Board of Directors has articulated "guiding principles" that will help us all with the decisions we
make every day about USGBC and its programs. In an industry predicated on innovation, the principles
provide us with clarity and continuity, while also giving us the flexibility to grow and respond to a rapidly
changing market.
USGBC Programs
The annual U.S. market in green building products and services was more than $7 billion in 2005 and is now
nearing $12 billion in 2007. USGBC supports this effort with the following programs:
LEEO@ Green Building Rating System ™
LEED (Leadership in Energy and Environmental Design) is a voluntary, consensus-based national rating
system for developing high-performance, sustainable buildings. Developed by USGBC, LEED addresses all
building types and emphasizes state-of-the-art strategies for sustainable site development, water savings,
energy efficiency, materials and resources selection, and indoor environmental quality. LEED is a practical
rating tool for green building design and construction that provides immediate and measurable results for
building owners and occupants.
Chapter Programs
There are more than 70 regional USGBC chapters nationwide providing green building resources,
education, and networking opportunities in their communities.
Education
USGBC provides top quality educational programs on green design, construction, and operations for
professionals from all sectors of the building industry. More than 54,500 designers, builders, suppliers, and
managers have attended USGBC educational programs to gain practical knowledge, explore new business
opportunities, and learn how to create healthier, more productive and more efficient places to live and work.
USGBC also hosts Greenbuild, the largest international conference and expo focused on green building.
Emerging Green Builders
USGBC's Emerging Green Builders program provides educational opportunities and resources to students
and young professionals with the goal of integrating these future leaders into the green building movement.
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
[;gj December 18, 2007 December 3,2007 (Noon) 0 February 19, 2008 February 4,2008 (Noon)
0 January 2, 2008 December 17,2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon)
0 January 15,2008 December 31, 2007 (Noon) 0 March 18, 2008 March 3, 2008 (Noon)
0 February 5, 2008 January 14, 2008 (Noon) 0 April 1,2008 March 17,2008 (Noon)
0 Announcements/Presentati ons 0 City Manager's Report
NATURE OF 0 Administrative [;gj New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
D Code Compliance & Legal Settlements 0 Unfinished Business
D Public Hearing 0
RECOMMENDATION: Discussion of possible funding for the Annual Advisory Board Recognition Dinner.
EXPLANATION: The Annual Advisory Board Recognition Dinner was not included in the 2007-08 approved City
Budget due to the anticipated loss of revenue associated with the reduction of property taxes. At the September] 8,
2007 regular City Commission meeting, Commissioner Weiland commented that all the advisory board members are
volunteers and once a year a board recognition dinner is held for their benefit. He suggested that $12,000 be taken
from the surplus of the general fund and restore the dinner for the board members. Former Commissioner McCray
at that time felt it should be a policy decision for the newly elected Commission and Mayor Taylor and former
Commissioner McKoy concurred. Commissioner Weiland asked that the issue be placed under Future Agenda Items
for after the election.
The 2003-04 approved City Budget established the Board Dinner as a bi-annual event and therefore there was no
dinner in 2004. However, the 2004-05 Budget re-established the annual dinner by inviting the current and prior year
advisory board members to the 2005 dinner. The cost of the dinners for the past nine years is as follows:
1999 Dinner $10,077
2000 Dinner $10,750
200] Dinner $] 0,700 + $200 entertainment TOTAL $] 0,900
2002 Dinner $10,500 no charge for entertainment
2003 Dinner $10,700 + $200 entertainment TOTAL $10,900
2004 Dinner - NONE
2005 Dinner $11,080
2006 Dinner $10,920
2007 Dinner $] 0,400
PROGRAM IMPACT: The dinner serves as a "thank you" to the current advisory board members.
FISCAL IMPACT: Funds for this event were not included in the 2007-2008 City Budget.
dl"u" po,,;ble fundIng und not hu.1 Ihe Advl,o,"" ~
City Manager's Signature
Assistant to City Manager t:I1t"
~ ~t~/frA-J
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
City Attorney I Finance
Meeting Minutes
Regular City Commission
Boynton Beach, FL
September 18, 2007
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Motion
Commissioner Weiland moved to approve Proposed Resolution No R07-10S. Commissioner
McCray seconded the motion. The motion passed unanimously.
Attorney Cherof read Proposed Resolution No. R07-106 by title only.
Mayor Taylor opened the issue for public hearing.
Herb Suss, Quail Run, 1711 Wood Fern Drive, speaking for himself, suggested the Commission
should cut back on their discretionary funds, salaries and expenses in order to save the Tennis
Pro and Recreation Manager positions that were being eliminated. He also suggested the
holiday extravaganza could be scaled down to save monies.
Mr. Suss recalled the City had a deficit budget several years ago then there was an increase in
the revenue. rv1r. Bressner responded the general fund had a deficit balance in the past and the
Commission authorized using unobligated funds. However, by the end of the fiscal year the
funds were not needed. The general fund budget has been balanced since that time without
the use of any other funds.
No one else coming forward, Mayor Taylor closed the public hearing.
Commissioner McCray developed the fact that out of more than 900 employees, only two
employees were losing their jobs and they were being offered other positions. Mr. Bressner
noted one of the employees had accepted another position and the other is pending.
Commissioner McCray also noted although monies are budgeted, the funds do not have to be
spent.
Commissioner Weiland commented all the advisory board members are volunteers and once a
year a board recognition dinner is held for their benefit. He suggested the $12,000 budget be
taken from the surplus of the general fund and restore the dinner for the board members.
Commissioner McCray felt it should be a policy decision for the newly elected Commission.
Mayor Taylor and Commissioner McKoy concurred with Commissioner McCray.
Commissioner Weiland agreed and suggested the discussion be placed under X. Future Agenda
for after the election.
Motion
Commissioner Weiland moved to approve Proposed Resolution R07-106.
McCray seconded the motion. The motion passed unanimously.
Commissioner
2
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
June 1, 2004
B. Discussion and Consideration of Annual Board Dinner
Mr. Bressner reported that they did not include a recognition dinner in the budget this
year and some Commissioners would like to move forward with having one. Mr.
Bressner referred to the costs of the dinner that averaged $10,000 per year over the
past five years. If the Commission would like to hold a recognition dinner, Mr. Bressner
felt that it was doable.
Commissioner McCray stated he requested the recognition dinner because he felt that
the volunteers should be acknowledged and thanked for the time they spend on helping
the City save money. It is important that the Commissioners and the Mayor let those
volunteers know that they are doing a great job.
Discussion ensued on whether to invite former Mayors and Commissioners, which has
been the practice over the past few Board Dinners. Mayor Taylor pOinted out that the
dinner is for the members of the advisory boards and he questioned whether it was
necessary to continue this practice.
Commissioner McKoy inquired how much money would be saved if these former officials
were not invited and Mr. Bressner thought it would be around $700 to $800.
Mr. Bressner inquired if the Commission would like to invite advisory board members
that served on a board during calendar year 2003 and 2004. This would not include
members that were removed because of absenteeism. Commissioner Ensler felt that the
dinner should be for people who served on the Board during 2003 and next year the
dinner could be for the people who served in 2004.
Mayor Taylor recommended informing former City officials if they wanted to attend,
they could by purchasing a ticket.
Motion
Commissioner McCray moved to proceed with the Annual Board Dinner that would
include current Board members and people who served during the year 2003-2004 and
the current City Commission. Any former City Official that wanted to attend would be
offered the opportunity to purchase a ticket. Motion seconded by Commissioner McKoy
and carried 4-1 (Wee Mayor Ferguson dissenting).
C. Proposed Ordinance No. 04-039 Re: Amending
Ordinance 03-058 - Early Retirement Incentive Program - to permit
otherwise eligible firefighters to use prior military service buyback for
purposes of satisfying the 15 year eligibility requirement for early
retirement
19
r.rrr.
The City of
BoyntonBeach100 E. Boynton Beach Boulevard • (561) 742-6000
City Commission
REVISED AGENDA
DECEMBER 18 2007
Jerry Taylor
Mayor - At Large
Jose Rodriguez pi
C ;Vice MayorICT IV111111
Ron Weiland /
Commissioner - District I C
Woodrow Hay
Commissioner - District II
lilt
Marlene Ross
Commissioner - District IV111Wiridei
Kurt Bressner1111
j
City Manager _
James Cherof DISTRI T I iug
City Attorney
Janet M. Prainito
City Clerk
www.boynton-beach.org
We're Reinventing City Living for
the Millennium
•
WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES &PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
• Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
• Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
• Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to impose
time limits on the discussion on an issue.
• Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings."
• Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission —Time Limit—Three (3) Minutes
• Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded, with the exception of Consent Agenda Items that have
not been pulled for separate vote, reports, presentations and first reading of Ordinances — Time Limit —
Three (3) minutes
•
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the presiding
officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or
step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the
presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority
vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every-
month, starting at 6:30 p.m. (Please check the Agenda Schedule — some meetings have been moved due to
Holidays/Election Day).
S:\CC\WP\CCAGENDA\Cover Template\WELCOME SHEET-REVISED 04-04-07.doc
City of Boynton Beach
REGULAR CITY COMMISSION MEETING
AGENDA
December 18, 2007 6:30 P.M.
I. OPENINGS:
A. Call to Order— Mayor Jerry Taylor
B. Invocation by Rev. Randall Gill, First Presbyterian Church
C. Pledge of Allegiance to the Flag led by Commissioner Ron Weiland
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announcements:
None
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
None
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)
C
1
Agenda
Regular City Commission
Boynton Beach, FL December 18, 2007
(..„ V. ADMINISTRATIVE:
A. Appointments
Appointment Length of Term
To Be Made Board Expiration Date
Mayor Taylor Arts Commission Alt 1 yr term to 12/08 Tabled (2)
II Hay Arts Commission Alt 1 yr term to 12/08 Tabled (2)
III Rodriguez Bldg. Bd of Adj &Appeals Reg 3 yr term to 12/10 Tabled (2)
IV Ross Bldg. Bd of Adj &Appeals Reg 3 yr term to 12/10 Tabled (2)
I Weiland Bldg. Bd of Adj &Appeals Alt 1 yr term to 12/08 Tabled (3)
II Hay Bldg. Bd of Adj &Appeals Alt 1 yr term to 12/08 Tabled (2)
Mayor Taylor Cemetery Board Alt 1 yr term to 12/08 Tabled (2)
I Weiland Code Compliance Board Reg 3 yr term to 12/10 Tabled (2)
II Hay Code Compliance Board Reg 3 yr term to 12/10 Tabled (2)
IV Ross Code Compliance Board Alt 1 yr term to 12/08
Mayor Taylor Code Compliance Board Alt 1 yr term to 12/08
II Hay Community Relations Board Reg 3 yr term to 12/10 Tabled (2)
II Hay Education&Youth Advisory Board Reg 2 yr term to 12/09 Tabled(2)
Mayor Taylor Education &Youth Advisory Board Alt 1 yr term to 12/08
Li, I Weiland Education &Youth Advisory Board Alt 1 yr term to 12/08
II Hay Education &Youth Advisory Board Stu N/V 1 yr term to 12/08
IV Ross Library Board Alt 1 yr term to 12/08 Tabled(2)
Mayor Taylor Library Board Alt 1 yr term to 12/08 Tabled (2)
II Hay Recreation&Parks Board Alt 1 yr term to 12/08 Tabled (2)
I Weiland Senior Advisory Bd Alt 1 yr term to 12/08 Tabled (2)
I Weiland Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (2)
II Hay Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (2)
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with all of
the accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes
1. Regular City Commission — December 3, 2007
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
(00, approved in the 2007-2008 Adopted Budget.
1. Award the "TWO YEAR CONTRACT FOR THE PURCHASE OF UNIFORMS",
Bid #015-1412-08/0D on an overall basis to the lowest, most
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Agenda
Regular City Commission
Boynton Beach, FL December 18, 2007
responsive, responsible bidder who meets all specifications to Special
pedal
Products Group of Boynton Beach, FL in the estimated amount of
$150,000.
2. Approve the purchase of the WaterWise Conservation Program from
Resource Action Programs as part of the City of Boynton Beach's
commitment to conservation required as a condition of the water
Consumptive Use permit, in the amount of $32,250 from the
Conservation Fund.
3. Award the Re-Bid "THREE YEAR BID FOR AUDIT AND TESTING OF
BOYNTON BEACH FIRE HYDRANTS" to Metro Hydrant & Valve Services,
Inc. located in West Palm Beach, FL with an estimated expenditure of
$50,000.
4. Split-award "CO-OP ROAD CONSTRUCTION MATERIALS", Bid #1411-08/JA
to COMMUNITY ASPHALT CORP., of West Palm Beach, FL and to AUSTIN
TUPLER TRUCKING, INC., of West Palm Beach, FL with a total expenditure
of$133,092.50.
5. Approve a contract with Urban Building Systems, Inc. of Palm City, FL for
Bid #071-2412-07/JA "FIRE RESCUE STATION NO. 5 AND EMERGENCY
OPERATIONS CENTER", in an amount not to exceed $9,993,500 without
further City Commission approval. (Proposed Resolution No. R07-145)
C. Resolutions
1. Proposed Resolution No. R07-146 RE: Approving and
authorizing execution of Task Order No. U07-17-3 with SFRN, Inc. for the
preparation of a Stormwater Operation and Maintenance Manual in the
amount of $38,322 from the Utilities CIP budget.
2. Proposed Resolution No. R07-147 RE: Approving and
authorizing execution of an agreement with The Professional Medical
Career Center to serve as a field training site for their Paramedic and
Emergency Medical Technician (EMT) programs.
3. Proposed Resolution No. R07-148 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Happy Birthday, LLC, for the property at 1162 Highview Rd.,
Lantana, FL (Ridge Grove Add No 1 Lots 176)
4. Proposed Resolution No. R07-149 RE: Approving and
authorizing execution of Amendment No. 1 to Task Order U07-10-05,
Kimley-Horn and Associates, Inc. in the amount of $60,133.12 providing
for the completion of construction documents, permitting, bidding and
construction phase services.
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Agenda
Regular City Commission
Boynton Beach, FL December 18, 2007
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5. Proposed Resolution No. R07-150
P RE: Approving and
adopting a Travel Policy for the Boynton Beach City Commission similar
to a recently adopted policy for the CRA Board.
D. Approve the "PENINSULA, a IPUD" Record Plat, conditioned on the approval
being the certification of the plat documents by H. David Kelley, Jr. (City
Engineer and Survey and Mapper).
E. Authorize the reallocation of $1,300 for the Boynton Isles Neighborhood
Association from Vice Mayor Rodriguez's Community Investment Funds.
F. Approve renaming of Wilson Pool in honor of Mr. John Denson, original lifeguard
and swim instructor at Wilson Pool.
G. Authorize the City Administration to proceed with taking all actions necessary to
prepare for the implementation of the fire services special assessment for fiscal
year 2008-09 and beyond in the event the City Commission ultimately
determines to levy such assessment during the budget review and adoption
process for the next fiscal year.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
None
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
Planning Agency and City Commission.
A. Project: Cortina at Boynton Village (SPTE 07-010)
Agent: Kim Glas-Castro, Ruden McCloskey
Owner: South Florida Devco, Inc.
Location: Northeast corner of Old Boynton Road and Congress Avenue, just
south of the SFWMD C-16 canal
Description: Request for a second one (1) year site plan time extension of a
site plan (NSWP 05-001) originally approved on September 20,
2005 for 458 townhome units in the Boynton Village and Town
Center Development. This second request would extend approval
from September 20, 2007 to September 20, 2008. (Tabled to
December 18, 2007) (Request to postpone to January 2,
2008)
B. Project: The Arches (SPTE 07-012)
Agent: William Bloom, Holland & Knight
(60, Owner: Boynton Ventures I, LLC
Location: Southwest corner of Ocean Avenue and Federal Highway
Description: Request for a second one (1) year site plan time extension of a
site plan (MSPM 05-008) and height exception (HTEX 05-006)
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Regular City Commission
Boynton Beach, FL December 18, 2007
(liro
approved on September 6, 2005, from September P pp ember 6, 2007 to
September 6, 2008, for a Mixed-Use project consisting of 40,596
square feet of retail space and 378 condominium units on 4,688
acres zoned Mixed Use High. (Tabled to December 18, 2007)
C. Project: Ticket Clinic (ANEX 07-001)
Agent: Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Owners: Jer Enterprises, LLC
Location: 3349 Federal Highway (East side of Federal Highway, north of
Gulfstream Boulevard)
Description: Request to annex the subject property (0.37 acres) (1t reading
Proposed Ordinance No. 07-038)
D. Project: Ticket Clinic (LUAR 07-005)
Agent: Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Owners: Jer Enterprises, LLC
Location: 3349 Federal Highway (East side of Federal Highway, north of
Gulfstream Boulevard)
Description: Request to amend the Comprehensive Plan Future Land Use Map
from CH/5 Commercial High with underlying Medium Density
Residential of 5 du/ac (Palm Beach County) to Local Retail
Commercial LRC. (10 reading Proposed Ordinance No. 07-
039)
�` Request to rezone from CG General Commercial (Palm Beach
County) to C-3 Community Commercial. (15t reading Proposed
Ordinance No. 07-040)
Proposed Use: Professional office
E. Project: Ticket Clinic (NWSP 07-006)
Agent: Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Owners: Jer Enterprises, LLC
Location: 3349 Federal Highway (East side of Federal Highway, north of
Gulfstream Boulevard)
Description: Request for new site plan approval for the redevelopment of a
2,400 square foot commercial structure and related site
improvements on 0.37 acres to be rezoned C-3, Community
Commercial. (Request to table to January 2, 2008)
F. Project: High Ridge PUD (MSPM 07-010)
Agent: Tim Hernandez, New Urban High Ridge, LLC
Owners: New Urban High Ridge, LLC
Location: Northwest corner of High Ridge Road and Miner Road
Description: Request for a major site plan modification to change the type of
410, housing unit approved from 48 single-family detached units and
126 fee-simple townhouse units to 110 single-family detached
units (a net reduction of 64 units), and to change other site-
related improvements on 18.44 acres zoned PUD.
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Regular City Commission
Boynton Beach, FL December 18, 2007
L
G. Project: Boynton Mausoleum (MSPM 07-008)
Agent: Jason Mankoff, Weiner &Aronson, P.A.
Owners: City of Boynton Beach
Location: 1611 South Seacrest Boulevard
Description: Request for a major site plan modification for the addition of an
approximately 3,162 square foot mausoleum building, on a 0.93
acre parcel zoned PU Public Usage. (Request to postpone until
January 2, 2008)
H. Project: Meadows Townhomes (NWSP 07-005)
Agent: Steven L. Cohen, Steven L. Cohen &Associates, P.A.
Owners: NICO Development, Inc.
Location: 100 Meadow Circle; north of Meadows Boulevard, approximately
2,500 feet west of Congress Avenue
Description: Request for new site plan approval for 34 townhouse units and
related site improvements on 7.966 acres zoned PUD.
I. Project: Ocean Drive Hotel (ZNCV 08-001)
Agent: Bonnie Miskel, Lauren Lending
Owners: Boynton Holdings, LLC
Location: North side of Ocean Drive, approximately 500 feet east of
Congress Avenue
Description: Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 6.C.3,
establishing a maximum height of 45 feet in the C-3 Community
Commercial zoning district, to allow a variance of 19 feet, and a
building height of 64 feet.
Proposed Use: Hotel
J. Approve the rescinding of Ordinance No. 06-064, which rezoned the Sunshine
Square Shopping Center to Mixed Use-Low 3, to revert the zoning to C-3,
Community Commercial and allow for improvements and expansion of the
existing development. (Zs*reading Proposed Ordinance No, 07-041)
K. Approve amending Part III of the Code of Ordinances, the Land Development
Regulations, Comprehensive Plan, as amended; updating the "CAPITAL
IMPROVEMENTS ELEMENT" and the Five-Year Capital Improvements Schedule.
(1st reading Proposed Ordinance No, 07-042)
IX. CITY MANAGER'S REPORT:
A. American Assembly Implementation Status Report
B. Agreement for Provision of Supplemental Police Services between the CRA and
City of Boynton Beach (Proposed Resolution No, R07-151)
C. Review and approve 2008 State appropriation submittals
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Agenda
Regular City Commission
Boynton Beach, FL December 18, 2007
tioof
X. FUTURE AGENDA ITEMS:
A. Discussion of disposition of Old High School —January, 2008
B. Discussion on timing of elections —January, 2008
C. Discussion of funding electronic agenda software
D. Discussion on cancelling second meeting in November
XI. NEW BUSINESS:
A. Discuss request by developer for annexation of balance of Gulfstream Gardens
parcel into the CRA. (Postponed to December 18, 2OO7)(Proposed
Resolution No. RO7-152)
B. Discussion of the importance of environmental stewardship and the
establishment of a Green City Task Force to make recommendations to the City
Commission regarding environmental sustainability.
C. Discussion of possible funding for the Annual Advisory Board Recognition dinner.
(rir XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
None
C. Ordinances - 1st Reading
None
D. Resolutions:
None
E. Other:
1. EXECUTIVE SESSION -- Ric-Man Construction, Inc., doing business as
Richard Mancini Equipment Company, Plaintiff vs. The City of Boynton
Beach, Defendant/Third Party Plaintiff vs. Camp, Dresser & Mckee, Inc.,
and David J. Prah, P.E., Third Party Defendants. — Case No. 50 2006 CA
011893 XXXX MB AA
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Regular City Commission
Boynton Beach, FL December 18, 2007
"` XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE,WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE,PROGRAM,OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT 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.
Revised Agenda 12/17/07 10:30 a.m. S:\CC\WP\CCAGENDA\AGENDAS\Year 2007\121807.doc
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