Agenda 08-05-08
The City of
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100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
2nd REVISED AGENDA
AUGUST 5, 2008
Jerry Taylor
Mayor - At Large
Janet M. Prainito
City Clerk
DISTRI T I
Jose Rodriguez
Vice Mayor - District III
Ron Weiland
Commissioner - District I
Woodrow Hay
Commissioner - District II
Marlene Ross
Commissioner - District IV
Kurt Bressner
City Manager
James Cherof
City Attorney
www.boynton-beach.org
We're Reinventing City Living for
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WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
. Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
. Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to impose
time limits on the discussion on an issue.
. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings. "
. Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission - Time Limit - Three (3) Minutes
. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded, with the exception of Consent Agenda Items that have
not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit -
Three (3) minutes
.
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the presiding
officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or
step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the
presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority
vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
Holidays/Election Day).
S:\CC\WP\CCAGENDA\Cover Template\WELCOME SHEET - REVISED 04-04-07.doc
City of Boynton Beach
REGULAR CITY COMMISSION MEETING
Z'd REVISED AGENDA
August 5, 2008
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Dr. Solomon Rothstein, Police Chaplain
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
a. "Florida Water, Wastewater and Systems Operators Week"-
August 4-8, 2008
b. "Firefighter Appreciation Month" - September 2008
c. "National Clown Week" - August 1-7, 2008
2. Presentation of certificates to the Boynton Beach Police Athletic League's
youth basketball teams in recognition of their winning gold and silver
medals during the recent National Association of Police Athletic League's
basketball tournament in Virginia.
1
2nd Revised Agenda
Regular City Commission
Boynton Beach, FI
August 5, 2008
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission)
V. ADMINISTRATIVE:
A. Appointments
Appointment Length of Term
To Be Made Board Expiration Date
Mayor Taylor Bldg. Bd. Of Adj. & Appeals Reg 3 yr term to 12/10
IV Ross Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08 Tabled (2)
II Hay Cemetery Board Reg 3 yr term to 12/08
Mayor Taylor Code Compliance Board Alt 1 yr term to 12/08 Tabled (3)
Mayor Taylor Community Relations Board Art 1 yr term to 12/08
II Hay Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (3)
I Weiland Education & Youth Advisory Board Stu 1 yr term to 12/08 Tabled (2)
IV Ross Library Board AIt 1 yr term to 12/08
IV Ross Recreation & Parks Advisory Board Alt 1 yr term to 12/08 Tabled (2)
IV Ross Veterans Advisory Commission Alt 1 yr term to 12/08
Mayor Taylor Veterans Advisory Commission Reg 3 yr term to 12/08
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 - July 15, 2008
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2007-2008 Adopted Budget.
1. Award a contract for RFP #086-1610-08/0D, THREE YEAR CONTRACT
FOR CONSULTING SERVICES FOR A GROUP INSURANCE PLAN to Willis
of TN, Inc., "dba" Willis of Florida, in the amount of $96,000fyear.
(Proposed Resolution No. R08-082)
2
2nd Revised Agenda
Regular City Commission
Boynton Beach, FI
August 5, 2008
C. Resolutions
1. Proposed Resolution No. R08-083 RE: Adopting the
City of Boynton Beach CDBG Program One-Year Action Plan for FY
2008/2009 and the contracts for sub-grantees to reflect the proposed
expenditures as outlined.
2. Proposed Resolution No. R08-084 RE: Authorizing
the renewal of employee benefits and premiums for FY 2008/2009.
3. Proposed Resolution No. R08-08S RE: Ratifying the
action of the South Central Regional Wastewater Treatment & Disposal
Board on July 31, 2008:
a. Authorizing Executive Director's contract and agreed to increase in
salary retroactive to June 1, 2008.
D. Approve donations to the Juvenile Transition Center in the amount of $6,500
from the Police Department's Law Enforcement Trust Fund.
E. Approve the transfer of $25,000 in this Fiscal Year to cover shortfall in the Code
Compliance budget for the execution of demolition orders and maintenance of
abandoned/foreclosed properties.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
A. Approve a negotiated settlement agreement in the amount of $14,000 in the
case Elmer Lewis v. City of Boynton Beach
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:
Gulfstream Gardens (MPMD 08-002)
Bradley Miller, Miller Land Planning Consultants, Inc.
Jeffrey B. Meehan, Gulfstream Gardens, LLC
West side of Federal Highway, approximately 1/4 mile north of
Gulfstream Boulevard
Request for Master Plan Modification to update the proposed unity
type from townhouse units to rental units; to eliminate one (1)
access driveway; and to revise layout, project circulation, and
associated parking areas.
Gulfstream Gardens (MSPM 08-004)
Bradley Miller, Miller Land Planning Consultants, Inc.
3
2nd Revised Agenda
Regular City Commission
Boynton Beach, FI
August 5, 2008
Owner:
Location:
Description:
c.
Project:
Agent:
Owner:
Location:
Description:
D.
Project:
Agent:
Descri ption:
E.
Project:
Agent:
Descri ption:
Jeffrey B. Meehan, Gulfstream Gardens, LLC
West side of Federal Highway, approximately 114 mile north of
Gulfstream Boulevard
Request for Major Site Plan Modification to revise the type of
housing approved from 308 townhouse units to 308 multi-family
rental units; to eliminate one (1) access driveway; to unify and
expand recreational amenities; and to modify layout and design of
buildings and associated parking areas.
Sunshine Square (COUS 08-003)
Arianne Nielsen, Land Design South
Woolbright Sunshine. LLC
Southwest corner of the intersection of South Federal Highway
and Woolbright Road
Request for conditional use approval for a Cosmetology School to
locate within existing Building "C" in the Sunshine Square
Shopping Center.
M-1 Industrial Zoning District - Corridor Uses
(CDRV 08-003)
City initiated
Request for amendments to the Land Development Regulations,
Chapter 2. Zoning, Section 8.A, M-1 Industrial District, to add
provisions and regulations for selected industrial and non-
industrial uses of properties that front an arterial or collector
roadway (1st Reading of Proposed Ordinance No. 08-020)-
Tabled on July 15, 2008
Administrative Adjustment Revisions (CDRV 08-004)
City initiated
Request for amendments to the Land Development Regulations,
Chapter 2. Zoning, Section 5, making all properties developed for
single-family homes eligible for administrative setback
adjustments regardless of date of platting (1st Reading of
Proposed Ordinance No. 08-021) Tabled on July 15, 2008
IX. CITY MANAGER'S REPORT:
A. Approve the removal of a boat dock in the City-owned public road right-of-way
on NE 12th Avenue
B. Authorization to direct staff to use all available resources to help citizens
understand a proposed amendment to the Palm Beach County Charter
4
2nd Revised Agenda
Regular City Commission
Boynton Beach, FI
August 5, 2008
X. FUTURE AGENDA ITEMS:
A. Barrier-Free Playground/Non-Profit 501(c)(3) Foundation - August 19, 2008
B. City Hall Chambers BBTV Upgrades CIP Project - August 19, 2008
C. Electronic Agenda Comparative Cost Analysis - August 19, 2008
D. Options for Hurricane Protection Project for 1913 Schoolhouse Children's
Museum - August 19, 2008
E. American Assembly Implementation Recommendations - August 19, 2008
F. SCRWTD Board Ratifications - August 19, 2008
G. Towing Company Contract Renewal/Extension Process - August 19, 2008
H. Florida Retirement System - City Commission Pension Benefits Calculation -
August 19, 2008
1. Report and Recommendation on Police Facility Construction - September 2, 2008
J. CRA meeting to be held September 2, 2008 at 6:30 p.m. with the City
Commission meeting immediately thereafter.
K. Budget Public Hearing to Adopt Proposed FY 2008/09 Budget (1st Hearing) -
September 9, 2008
L. Adoption of Final Fire Assessment Rate Resolution - September 9, 2008
M. Budget Public Hearing - Adoption of FY 2008/09 Budget (2nd and Final Hearing) -
September 16, 2008
N. Discussion of Moving the September 16, 2008 City Commission meeting to
September 18, 2008 due to possible lack of quorum
O. Reconsideration of conveyance of Old High School from CRA to City of Boynton
Beach - October 7, 2008
P. 2008 Recreation and Parks Strategic Plan Update - TBD after further CIP analysis
XI. NEW BUSINESS:
None
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2nd Revised Agenda
Regular City Commission
Boynton Beach, FI
August 5, 2008
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBliC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBliC HEARING
None
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 08-023 RE: Amending the
provisions of the City of Boynton Beach Code of Ordinances which
prohibits the sale of alcoholic beverages on Sunday mornings
2. Proposed Ordinance No. 08-024 RE: Amending
Ordinance 08-003 to correct the omission of Lot 44 from the legal
description, reconfirming inclusion in the Community Redevelopment Area
of the property described as Gulfstream Gardens
3. Proposed Ordinance No. 08-025 RE: Amending the
Community Redevelopment Plan to expand the boundary description to
include real property herein described and commonly referred to as The
Museum of Lifestyle and Fashion History site
4. Proposed Ordinance No. 08-026 RE: Amending the
Community Redevelopment Plan to clarify that enclaves and other
properties annexed into the City that are within the previously designated
boundaries of the CRA are part of the Community Redevelopment Area
and therefore subject to jurisdiction of the Community Redevelopment
Agency
D. Resolutions:
None
E. Other:
None
XIII. UNFINISHED BUSINESS:
None
6
2nd Revised Agenda
Regular City Commission
Boynton Beach, FI
August 5, 2008
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE cm COMMISSION WITH RESPECT TO ANY MATIER CONSIDERED AT THIS MEETING, HE/SHE
WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.s.286.0105)
THE cm SHALL FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABIUTY AN EQUAL
OPPORTUNm TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE cm. PLEASE CONTACT JOYCE
COSTELLO, (561) 742-6013 AT LEAST lWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE em TO REASONABLY
ACCOMMODATE YOUR REQUEST.
2ND REVISED AGENDA 8/04/08 3:00 P.M..
5: \CC\ WP\CCAGENDA \AGENDAS\yEAR 2008\080508. DOC
7
III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.l.a
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Rcqucsted CIty CommIssion Date Final Form Must bc Turned Requested City Commission Date Final Form Must be Turned
ty!eeqngJ)aws In to City CIgIU.Qflic-, Meeting Dates in to City Clerk's Oflice
0 April 15. 200S March 31, 200S (Noon) 0 .June 17. 200S .June 2, 200S (Noonl
0 Mayo.2()OS April 14. 2110S (Noon) 0 .Ju!, 1.200S .June 10. 200S (Noon)
0 May 211. 200S May 5, 20llS (Noon) 0 .July 15. 200S .Junc 30, 2008 (Noon)
0 .Junc 3 20118 May IlJ. 2008 (Noon) ~ August 5. 2008 .July 14. 20118 (Noon)
~ Ann ou ncem ents/Presentati ons 0 City Manager's Report
NATURE 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: Present Proclamation
EXPLANATION: Each year, the Florida Water & Pollution Control Operators Association recognizes water, wastewater
and system operators 1'01' their dedication in maintaining water quality in the state of Florida. The association does this by
proclaiming a week in the month of August as "Florida Water, Wastewater and Systems Operators Week," For the second
year the organization is expanding its recognition to all water industry employees and is renaming the occasion to Florida
Water Professional Week and has asked the City to join in recognizing the efforts of water, wastewater and system operators
by issuing this proclamation,
PROGRAM IMPACT: This proclamation will help heighten public awareness of the role of Florida water professionals in
protecting the health of citi/ens and preserving natural resources,
FISCAL IMPACT: None
ALTERNATIVES: Not present Proclamation
W"<1AL ~~a-e
Departl ' Hea . Ignature
<t!~
City Manager's Signature
Assistant to City Manager ___~
Puhlic Affairs
Department Name
City Attorney I Finance
'-, \IllJU,I'TI;--J\I:ORMS\AGLNIM ITEM REQUEST FORM DOC
[f
Clean water is essential for good health, recreation, fish and wildlife, and industry. Water
treatment plant operators treat water so that it is safe to drink. Wastewater treatment plant
operators remove harmful pollutants from domestic and industrial wastewater so that it is
safe to return to the environment.
Throughout the State of Florida, these trained, dedicated and knowledgeable personnel
design, operate and maintain water and wastewater plants; design, operate and maintain
distribution systems, wastewater collection and storm water drainage systems: perform
laboratory analysis; and provide customer service.
Each year, the Florida Water & Pollution Control Operators Association recognizes operators
for their dedication in maintaining water quality in the state of Florida. This is the second year
that recognition has been expanded to all water industry employees for their commitment to
maintaining drinking water quality and preserving natural resources in Florida.
NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the
City of Boynton Beach, Florida, hereby proclaim August 4-8,2008 as:
Florida Water Professionals Week
in Boynton Beach and urge all citizens to reflect on the valuable service provided to the
community by these water professionals.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of
Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 5th day of August, two
thousand and eight.
Jerry Taylor, Mayor
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
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III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.l.b
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 April 15, 2008 March 31, 2008 (Noon) 0 June 17, 2008
0 May 6, 2008 April 14, 2008 (Noon) 0 July I, 2008
0 May 20, 2008 May 5, 2008 (Noon) 0 July 15, 2008
0 June 3, 2008 May 19, 2008 (Noon) ~ August 5, 2008
Date Final Form Must be Turned
in to City Clerk's Office
June 2, 2008 (Noon)
July 14,2008 (Noon)
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June 30, 2008 (Noon)
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June 16, 2008 (Noon)
~ AnnouncementslPresentations 0 City Manager's Report
NATURE 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
-
CII
RECOMMENDATION: RECOMMENDATION: Approve proclamation addressing firefighter support of the
Muscular Dystrophy Association (MDA) and announcement of Firefighter Appreciation Month - September 2008.
EXPLANATION: This is an annual recognition by MDA for firefighter support through "boot drives". In 2007, the
Boynton Beach Firefighters, Local 1891, brought in more than $24,700 for those affected by neuromuscular diseases.
PROGRAM IMP ACT: Firefighters across the country collect millions of dollars each year for MDA research and
associated programs with their annual "boot drives",
FISCAL IMPACT: NIA
AL TERN A TIVES: Do not approve this proclamation.
Note: While subject to change, Firefighters anticipate filling the boots on the following dates at major intersections
throughout the city.
A-shift Saturday
B-shift Sunday
C-shift Sunday
B-shift Friday
C-shift Saturday
A-shift Sunday
8/16 10:00pm -12 Noon and 3:00pm - 6:00pm
8/17 1 0:00am - 12 Noon and 3:00pm - 6:00pm
8/24 10:00am -12 Noon and 3:00pm - 6:00pm
8/29 10:00am -12 Noon and 3:00pm - 6:00pm
8/30 10:00am -12 Noon and 3:00pm - 6:00pm
~12 Noon and 3,OOpm-6,OOpm ~
ent Head's Signature City Manager's Signature
Assistant to City Manager ~
City Attorney 1 Finance
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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WHEREAS, through their daily service to communities and their dedication to the Muscular Dystrophy
Association, Boynton Beach firefighters contribute greatly to the well-being of all citizens; and
WHEREAS, for the past 54 years, firefighters throughout Florida and across the Nation have been a
partner with the Muscular Dystrophy Association in the fight against neuromuscular diseases; and
WHEREAS, firefighters statewide and nationally collected more than $25 million dollars In 2007 to
support MDA's life saving research, leading to the discovery of the first definitive treatment of any of the
genetic disorders in the MDA program, that of Pompe's Disease; and
WHEREAS, in 2007, Boynton Beach firefighters raised more than $24,700 with their "Fill the Boot" drive
for MDA; and
WHEREAS, the funds collected by Boynton Beach firefighters assist MDA in providing medical services
at the MDA Jupiter Medical Center Clinic, summer camp, research grants, and public education seminars
at no cost to Palm Beach County's children and adults served by the Association; and
WHEREAS, it is appropriate for all citizens of Boynton Beach to join the Muscular Dystrophy Association
in this tribute to our heroes, the firefighters.
NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City ot
Boynton Beach, Florida, hereby proclaim the month of August 2008, as:
Boynton Beach Firefighter Appreciation Month
in the City of Boynton Beach and further commend Boynton Beach firefighters for their efforts on behalf of
the Muscular Dystrophy Association.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton
Beach, Florida, to be affixed at Boynton Beach, Florida, the 5th day of August, two thousand and eight.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
July 8, 2008
Chief William Bingham
City of Boynton Beach
P,O. Box 310
Boynton Beach, FL 33425
Dear Chief Bingham:
I am writing to request your assistance in recognizing the outstanding accomplishments
of the Boynton Beach firefighters on behalf of their continuous support for the Muscular
Dystrophy Association and "Jerry's kids".
The money that was collected by the Boynton Beach firefighters during their 2007 "Fill
the Boot" campaign brought in more than $24,700 for children and adults affected by
neuromuscular diseases. As a result of their success in 2007, these heroes, unified with
other firefighters across the state of Florida, are now one of the top groups for fundraising
efforts on behalf of MDA.
To show our appreciation to the firefighters in your community, MDA is sponsoring
Firefighter Appreciation Month for the month of August. I am requesting that the City of
Boynton Beach proclaim August, "Boynton Beach Firefighter Appreciation Month." This
courageous group of men and women can be recognized not only for their services to
your community, but also for their dedication to area children and adults battling more
than 40 neuromuscular diseases.
Enclosed you will find a sample proclamation. We would appreciate you presenting the
proclamation at a city council meeting.
Please advise me of the date and time a formal presentation can be made. On behalf of
MDA and the people we serve, I want to thank you in advance for your consideration of
this request.
Sincerely,
Gabrielle Maharaj
MDA Program Coordinator
gmaharai@mdausa.org
(561) 742-3748
III.-ANNOUNCEMENTS &; PRESENTATIONS
Item C.l.e
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlY.
Rt:questt:d City CommissIon Date Final Form Must be Turned Requestt:d Clly Commission Date Final Form Must be Turnt:d
Mt:eting Dates In to City Clerk' s Ottice Meellng Dates In to City Clerk's Office
D April 15. 200X March 31. 2008 (Noon) D .Iune 17. 2008 .Iune 2. 2008 (Noon)
D May 11. 200X Apn114.2008 (Noon) D .Iuly I, 200X .Iune 16, 2008 (Noon)
D May 211. 2()O8 May 5. 200X (Noon) D .Iuly 15. 2008 .Iune 30, 200X (Noon)
D .lun, 3. 21)08 May 19,2008 (Noon) ~ August 5, 2008 .Iuly 14.2008 (Noon)
~ An n ouncem ents/Presentat ions D City Manager's Report
NA TlJRE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Present Proclamation.
EXPLANATION: In 197 L President Nixon declared August I -7 as National Clown Week. Ever since, clowns celebrate
that week by donating their time and effort, passing out red foam noses, stickers, face painting or doing balloon sculptures in
public places, like hospitals, malls, airports and last year even while riding on the Tri-Rail. Glenn Kohlberger, President of the
Krackerjac Clown Alley, and the Southeast Vice President of Clowns of America International (c. O. A. I.) has requested this
Proclamation for his organization, which has been running a clown school program at the Boynton Beach Civic Center for the
Recreation and Parks Department as far back as 2002. Their last class (January 2008) graduated 14 clowns. About two-thirds
of their entire Clown alley lives in Boynton Beach. Beside their clown school, the group has marched in Boynton Beach
parades and donated time monthly at Bethesda Hospital.
PROGRAM IMPACT: This Proclamation will help raise public awareness of the contributions of the local Krackerjac
Clown Alley.
FISCAL IMPACT: None
ALTERNA TIVES: Not present Proclamation.
~~"L.- ~"~ ..--e
Departmen I-: ead' s S ature
~
City Manager's Signat~re
Assistant to City Manager
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Public Affairs
Department Name
City Attorney ,/ Finance
'i 1I1IILLI r1N\.I-( JRMSIAliLNDA ITEM RH)LJEST FORM DOC
The art of clowning has existed in many cultures; its tradition can be traced from ancient
Egypt to the Greco-Roman world, to the royal jesters of Europe, and finally to Emmet Kelly
and Lou Jacobs of America. Clowns have long been known as ambassadors of JOY and
goodwill who gladden the heart, lighten the spirit and bring smiles to the faces of children
and adults alike.
Their motto, "It's your laughter we're after," captures the spirit and purpose of the clown and
for a few precious moments reminds us of the healing power of humor in our daily lives.
The men and women who put on putty noses and baggy trousers to create side splitting
routines are inspired by touching the lives of others.
Clowns can be seen performing at such places as charitable organizations, community
celebrations and public institutions for no other reason than to help boost the morale of
those around them. In recognition of their charitable activities and wholesome, family-
friendly entertainment, "National Clown Week" has been proclaimed to celebrate the fact
that clowns leave happiness wherever they go and take misery away.
NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the
City of Boynton Beach, Florida, hereby proclaim August 1-7, 2008, as:
II
II
J\f aIkuud ehumt WeeIi
in Boynton Beach and urge all citizens to recognize the rich tradition of clowns in lifting
spirits and boosting the morale of so many and share their message of joy and laughter.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of
Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 5th day of August, two
thousand and eight.
II
II
I
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I
I
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Jerry Taylor, Mayor
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORh..
lII.-ANNOUNCEMENTS & PRESENTATIONS
Item C.2
Requesld Cny C\m1nl1SS10n Date Fmal Form Must be Turned Requested City CommiSSIOn Date Final Form Must be Turned
M "tl ng P,!l,S m Jil~'Lt'1JYt:~_Ql[L'<, Meetll1gpat,s m to CIlY Clerk's Office
0 Apnl I" 200X Mar,h 31. 200S (Noon) 0 .Iun, 17. 200S June 2. 200S (Noon)
0 Ma\ h. 200X April 14. 200S (Noon) 0 .Iul, L 200X June 16. 200S (Noon)
0 Ma\ 211 200X May 5. 200X (Noon) 0 July 15. 200S June 30. 200S (Noon)
0 June J. 200X May 1<).2008 (Noon) L8J August 5.2008 July 14, 200S (Noon)
L8J Ann ouncem ents/Presentati on s 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Present certificates
EXPLANATION: fhe Boynton Beach Police Athletic League's youth basketball teams took gold and silver medals during
the rl"l:ent National Association of Police Athletic Leagues basketball tournament in Virginia. The 10 and younger and 12 and
younger teams both went undefeated and beat 51. Petersburg's teams to take gold. The 14 and younger team lost by one point
to Washington, D.C's team to receive silver. The Police Department has asked to recognize team members' accomplishments
with certificates.
PROGRAM IMPACT: The presentation will help raise awareness of the value of the PAL's athletic programs to the City's
youth ..
FISCAL IMPACT: None
ALTERNATIVES: Not present certificates
'/(-J~~~ /7~~~~
epartment). d's 5' ture
k~
City Manager's Signature
Assistant to City Manager _ ~
Public Affairs
Department Name
City Attorney I Finance
\ III 1IIIIN.HJRM\\/\CiINIlA 111M R!-:l,llIl'ST FORM DOC
v. ADMINISTRATIVE
ITEM A.
APPLICANT ELIGIBLE FOR APPOINTMENT 8/5/uo
Last Name First 1 st Choice 2nd Choice 3ra Choice
Name
Dwork Jonathan Planninq & Dev. Bd.
Caudell Scott Police Officers' Retirement
Trust Fund
Grace Joyce Arts Commission
Norfus Victor Planninq & Dev Bd.
Rodriguez Luis Education & Youth Adv. Bd.
CSTUDENn
Timm H. Warren Planninq & Dev Bd.
ALTERNATES AVAILABLE FOR REGULAR APPOINTMENTS
PRESENT POSITION
MEMBER NAME NAME OF BOARD ON BOARD
Karilyn Norem-Hohner Cemetery Board Alternate
Lisa Pierre Education & Youth Adv. Student/Non Voting
(STUDENT) Bd.
S:\CC\WP\BOARDS\APPMENTS\Board Year 2008\Applicants Eligible for Appointment 85 08.doc
1
'( ~""c: , , , ," , :),
r
,
VI.-CONSENT AGENDA
ITEM B.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 15,2008 March 31, 2008 (Noon) 0 June 17,2008 June 2, 2008 (Noon)
0 May 6, 2008 April 14, 2008 (Noon) 0 July I, 2008 June 16,2008 (Noon)
0 May 20, 2008 May 5, 2008 (Noon) 0 July 15,2008 June 30, 2008 (Noon)
0 June 3, 2008 May 19, 2008 (Noon) ~ August 5, 2008 July 14,2008 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
RECOMMENDATION: A Motion to award a contract for RFP#086-1610-08/CJD, THREE YEAR CONTRACT
FOR CONSULTING SERVICES FOR A GROUP INSURANCE PLAN to Willis of TN, Inc. "dba" Willis of Florida
in the amount of $96,000.00/year.
EXPLANATION: On May 1, 2008, Procurement Services received and opened seven (7) proposals. The proposals
were reviewed by the review committee consisting of: Lori LaVerriere, Asst. City Manager, Chuck Magazine, Risk
Manager, Marylee Coyle, Human Resources Asst. Director, Sharyn Goebelt, Human Resource Director, Patricia
Sholos, Benefits Administrator, and Pam Gardner, Risk Manager, City of Boca Raton.
On May 22, 2008, the review committee met to review and screen seven (7) proposals submitted to the City. The
attached "Benefit Consultant RFP ranking sheet" was used by the committee to screen the consultants and identify
the top three (3). The consultants short listed were as follows: Gallagher Benefit Services, Inc., The Gehring Group
and Willis of Florida. On Monday, June 9, 2008, the three (3) consultants gave oral presentations to the review
committee. On June 10, 2008, the committee members met to discuss the presentations and unanimously agreed to
recommend Willis of Florida as the group insurance Benefit consultant for the City.
Willis of Florida:
. Willis provides a "Client Bill of Rights". During their oral presentation they emphasized ethics and integrity.
Willis associates are prohibited from accepting any gifts, entertainment or trips from insurers that could create
the appearance of a conflict of interest with their clients.
. Their fee will be offset by any commissions received from any of the group policies.
· The firm is financially stabile; they have had over 19 quarters of growth. The roots of this firm date back to the
1830's in London. Willis of Florida was incorporated in 1990. Their local service office is in West Palm Beach.
· Willis provides a team approach to service. The credentials of their service team are outstanding. In addition to
Benefits Consulting and Service experience the Willis team includes an actuary, an Employment Law Attorney,
An Attorney specializing in welfare benefit plans and employer provided fringe benefits and Financial Account
Executive.
S:\BULLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC
C: Sharyn Goebelt - Human Resource Director
Marylee Coyle - Asst Human Resource Director
File
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
The Methodology used by Willis to provide products and services include:
. Identifying Opportunities
. Developing Solutions
. Delivering Solutions
. Measuring Results
Willis is prepared to offer the following performance guarantees with 20% of their $96,000.00 annual fee at risk:
. Analysis and reporting - 5% at risk
. Renewal and Negotiation Process - 5% at risk
. Client Management -10% at risk
Fee: $96,000.00:
The current benefit consultants receive commission for their services. By approving a flat monthly rate for benefit
consulting vs. commissions, which is embedded in premiums, there will be an estimated savings of $30,000.00 annually
for the City.
PROGRAM IMP ACT: The purpose of this RFP was to hire a consultant who can coordinate the employees benefits,
assist at the Wellness Fair, educate new hires, and assist in writing specifications for the bidding process.
FISCAL IMPACT:
ACCOUNT #:
001-1610-513-49-17
EXPENDITURE:
$96,000.OONEAR
LAST YEAR'S EXPENDITURE: In the past the Consultant received a 2% commission of the annual premium.
~~~~~A-
City A
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
C: Sharyn Goebel! - Human Resource Director
Marylee Coyle - Asst. Human Resource Director
File
!
1
2
3 RESOLUTION NO. R08-
4
5 A RESOLUTION OF THE CITY OF BOYNTON
6 BEACH, FLORIDA, APPROVING THE AWARD OF A
7 CONTRACT FOR RFP #086-1610-08/CJD "THREE
8 YEAR CONTRACT FOR CONSULTING SERVICES
9 FOR A GROUP INSURANCE PLAN" TO WILLIS OF
10 TN, INC., D/B/A WILLIS OF FLORIDA IN THE
11 AMOUNT OF $96,000.00 PER YEAR; AND
12 PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS, on May 1, 2008, Procurement Services received and opened seven
15 (7) proposals to the RFP #086-1610-08/CJD for "Three Year Contract for Consulting
16 Services for a Group Insurance Plan; and
17 WHEREAS, The proposals were reviewed by a selection committee on May 22,
18 2008 and it has been determined appropriate by staff to recommend award of this RFP to
19 Willis of TN, Inc., d/b/a Willis of Florida whose response to RFP was the most responsive
20 responsible proposer that met all the criteria.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
22 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 eing true and correct and are hereby made a specific part of this Resolution upon adoption
27 ereby approves the award of a contract for Three Year Contract for Consulting Services
Section 2.
The City Commission of the City of Boynton Beach, Florida,
25 ereof.
26
28 or a Group Insurance Plan to Willis of TN, Inc., d/b/a Willis of Florida, in the amount of
29 96,000.00 per year.
:\CA\RESO\Agreements\Bid Awards\Award of RFP - Willis of TN.doc
Section 3.
That the City Manager is hereb)' directed to execute a C,)nlntcl
2 between the City of Boynton Beach and Willis of TN. Inc.. d/b/a Willis of Florida. a COP\
3 of which is attached hereto.
4
Section 4.
That this Resolution shall become effective immediately.
5
PASSED AND ADOPTED this ________ day of August 2008.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 ATTEST:
24
25
26 anet M. Prainito, CMC
27 ity Clerk
28
29
30
31 Corporate Seal)
32
33
34
35
CITY OF BOYNTON BEACH
Mayor- Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Iiay
Commissioner - Marlene Ross
:ICAIRESO\AgreementsIBid Awards\Award of RFP - Willis of TN.doc
II
The City of
Boynton Beach
100 E. BOYNTON BEACH
BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA
33425-0310
HUMAN RESOURCES: (56]) 742-
RQ"7t:;:
To:
Carol Doppler, Purchasing Agent
From:
Sharyn M. Goebelt, IPMA-CIOms<"
Human Resources Director 0" I' U
Date:
July 9,2008
RE:
Benefit Consultant Selection
The benefit consultant selection committee consisted of the following members:
. Lori Laverriere, Assistant City Attorney
. Chuck Magazine, Risk Manager
. Marylee Coyle, Assistant Human Resources Director
. Sharyn Goebelt, Human Resources Director
. Pat Sholos, Benefits Administrator
. Pam Gardner, Risk Manager, City of Boca Raton
On Thursday, May 22,2008, the committee met to review and screen seven (7) proposals submitted to the City by
the following vendors:
. Employers Mutual, Inc.
. Gallagher Benefit Services
. McKinley Financial Services, Inc.
. The Crown Group, Inc.
. The Gehring Group
. The Rhodes Insurance Group
. Willis ofFL
The attached "Benefit Consultant RFP Ranking" sheet was used by the committee to screen the vendors and identify
the top three (3). The vendors selected were Gallagher Benefit Services, Inc., The Gehring Group and Willis of
Florida. On Monday, June 9, 2008, the three (3) vendors presented their proposals to the selection committee. The
next day the committee members met to discuss the proposals and unanimously agreed to recommend Willis of
Florida as the group insurance Benefit Consultant for the City.
Willis of Florida
. Willis provides a "Client Bill of Rights". During their oral presentation they emphasized ethics and
integrity. Willis associates are prohibited from accepting any gifts, entertainment or trips from insurers that
could create the appearance of a conflict of interest with their clients.
. Their fee will be offset by any commissions received from any of the group policies.
. The firm is financially stabile; they have had over 19 quarters of growth. The roots of this firm date back
to the 1830's in London. Willis of Florida was incorporated in 1990. Their local service office is in West
Palm Beach.
. Willis provides a team approach to service. The credentials of their service team are outstanding. In
addition to Benefits Consulting and Service experience the Willis team includes an Actuary, an
Employment Law Attorney, an Attorney specializing in welfare benefit plans and employer provided fringe
benefits and a Financial Account Executive.
"An Equal Opportunity Employer"
Wilhs of Florida Recommendation
Page 2
· The Consultative process used by Willis to provide products and services includes:
o Identifying Opportunities
o Developing Solutions
o Delivering Solutions
o Measuring Results
· Willis is prepared to offer the following performance guarantees with 20% of their $96,000 annual fee al
risk.
o Analysis and reporting - 5% at risk.
o Renewal and Negotiation Process - 5% at risk.
o Client Management - 10% at risk.
Fee: $96,000
The current benefit consultants receive commission for their services. By approving a flat monthly rate for benefit
consulting vs. commissions, which is imbedded in premiums, there will be an estimated savings of $30,000 annually
for the City This method of payment will not only save the City money, but will save employees with dependent
coverage money.
Recommendation
The benefits committee respectfully requests that the City Commission approve the selection of Willis of Florida for
the City's benefit consultants.
Attachments
C City Manager Kurt Bressner
Assistant City Manager Lori La V erriere
Pam Gardner, Risk Manager, City of Boca Raton
Chuck Magazine, Risk Manager
Marylee Coyle, Assistant Human Resources Director
Pat Sholos, Benefits Administrator
Benefits File
C:\Documents and Settings\dopplerc.CITY\Local Settings\Temporary Internet Files\OLK2F\Willis Recommendation.doc
BENEFIT CONSULTANT RPF RANKING
May 22, 2008
Vender
Rater #1 Rater #2 Rater #3 Rater #4 Rater #5 Rater #6
AVG
Crown
Qualifications of firm 12 10 13 12 12 10
Qualifications of Staff 9 9 9 7 10 5
Technical 15 12 15 13 16 15
Work Product 19 12 10 13 12 10
Client Reference 4 5 5 5 5 5
Cost 17 10 10 12 15 5
Total 76 58 62 62 70 50 631
EMI
Qualifications of firm 11 12 14 13 10 15
Qualifications of Staff 6 8 9 9 8 10
Technical 10 13 10 10 10 5
Work Product 10 10 10 10 10 5
Client Reference 4 3 5 3 4 5
Cost 20 20 20 25 12 25
Total 61 66 68 70 54 65 641
Gallagher
Qualifications of firm 14 15 14 15 15 15
Qualifications of Staff 10 10 10 10 10 10
Technical 14 20 20 20 20 20
Work Product 18 18 15 18 18 20
Client Reference 4 5 5 5 5 5
Cost 30 30 20 30 27 30
Total 90 98 84 98 95 100 941
Gehring
Qualifications of firm 15 15 14 15 13 15
Qualifications of Staff 10 10 10 10 10 10
Technical 15 20 20 20 18 20
Work Product 18 20 20 20 18 20
Client Reference 4 5 5 5 5 5
Cost 15 15 10 15 12 4
Total 77 85 79 85 76 74 791
McKinley
Qualifications of firm 10 10 13 11 10 10
Qualifications of Staff 5 5 10 7 7 5
Technical 11 10 10 5 8 5
Work Product 12 5 5 14 5 5
Client Reference 5 3 5 5 3 5
Cost 22 20 25 20 20 25
Total 65 53 68 62 53 55 591
Rhodes
Qualifications of firm 12 14 14 15 13 15
Qualifications of Staff 7 10 10 10 9 10
Technical 16 16 15 16 13 15
Work Product 19 18 20 16 18 15
Client Reference 5 3 5 4 3 5
Cost 16 15 10 15 12 5
Total 75 76 74 76 68 65 721
5/27/2008
RFP Consultant Ranking.xls
1
BENEFIT CONSULTANT RPF RANKING
May 22, 2008
Willis
Qualifications of firm 14 15 14 15 15 15
Qualifications of Staff 10 10 10 10 10 10
Technical 16 20 20 20 20 15
Work Product 12 20 20 20 17 20
Client Reference 5 4 5 5 5 5
Cost 25 30 30 30 28 30
Total 82 99 99 100 95 95 951
Rhodes
EMI
Crowne
McKinle
72
64
63
59
5/28/2008
RFP Consultant Ranking.xls
2
*********MOST RESPONSIVE, RESPONSIBLE PROPOSER WHO MET ALL CRITERIA****
(!4.~
Carol Doppler, CP ,Pu ch ing Agent
Director
THREE YEAR CONTRACT FOR CONSULTING SERVICES FOR EMPLOYEES GR
INSURANCE PLAN
RFP DUE DATE: MAY 1,2008
RFP DUE TIME: 2:30 P.M
RFP # 086-1610-08/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
~ ~~~~
VENDORS Willis of Plorida" II
1400 Centrepark Blvd. Suite 605
West Palm Beach, FI 33401
Attn: Michael Meredith
Telephone: 561-504-1449
Fax: 239-262-5338
RECEIPT OF ADDENDUM #1 Yes
FIXED MONTHL Y RATE $8,000.00
FOR (3) YEARS
CALENDAR DAYS TO BEGIN SERVICES 0
INI Ur ,......, ~~ S <;:1 1I:,anIT TELJ 1
I~IAI Ur "...'-', '::; Yes
QUALIFICATIONS
ANTI KICK-BACK AFFIDAVIT Yes/Notary stamp expires
SUBMITTED 5-May-08
NON-COLLUSION AFFIDAVIT Yes/Notary stamp expires
SUBMITTED 5-May-08
CONFIRMATION OF MINORITY OWNED Yes/Not a Minority Owned
BUSINESS Business
CONFIRMATION OF DRUG FREE Yes
WORKPLACE SUBMITTED
SCHEDULE OF SUBCONTRACTORS Yes/NA
THREE YEAR CONTRACT FOR CONSULTING SERVICES FOR EMPLOYEES GROUP
INSURANCE PLAN
RFP DUE DATE: MAY 1, 2008
RFP DUE TIME: 2:30 P.M
RFP # 086-1610-08/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any. are hereby rejected as late"
VENDORS The Crowne Group, Inc. Gallagher Benefit Services, Inc. Employers Mutual, Inc.
1552 Boren Dr., suite 100 2255 Glades Rd. Suite 400E 700 Central Parkway
Ocoee, FL 34761 Boca Raton, FL 33431 Stuart, FL 34994
Attn: Mackie Branham Attn: Jeffrey P. Angello Attn: Jim Davis
Telephone: 407-654-5414 Telephone: 561-995-6706 Telephone: 772-287-7650
Fax: 407-654-9614 Fax: 561-995-6708 Fax: 772-287-1387
RECEIPT OF ADDENDUM #1 YES YES YES
- ~ ~~O $8,000.00
FIXED MONTHLY RATE $12,400.00 $8,500.00
FOR (3) YEARS
--,~
CALENDAR DAYS TO BEGIN SERVICES 0 0 15
,m: PKUPUSALS SUI::3MII II::U ---< 1 u __~__ --,....~-,...----1. -_._-~~ "-.-1''-'' ..-_..~.,-_....,..--
.S I A I t.Mt.N I UI- Kt.~t-'LlI\.Illf-l\J I'~ _n'n ._~ YI::S YI::S YI::S -~
QUALlFICATIUNS
--"~" -. -. ..-- ------.-- YES' .---------- ~---_.--... - _______,h_,.______,.____,.__
ANTI KICK-BACK AFFIDAVIT YES YES
SUBMITTED
- ------
NON-COLLUSION AFFIDAVIT YES YES YES
SUBMITTED
--
CONFIRMATION OF MINORITY OWNED YES/NOT A MINORITY OWNED YES/NOT A MINORITY OWNED YES/NOT A MINORITY OWNED
BUSINESS BUSINESS BUSINESS BUSINESS
.-.....---.- f----. --_.-_.-._~._--- -..... ... -----_.~._._~
CONFIRMATION OF DRUG FREE YES YES YES
I
WORKPLACE SUBMITTED I
I
.-. ....L ,
THREE YEAR CONTRACT FOR CONSULTING SERVICES FOR EMPLOYEES GROUP
INSURANCE PLAN
RFP DUE DATE: MAY 1, 2008
RFP DUE TIME: 2:30 P.M
RFP # 086-1610-08/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any. are hereby rejected as late"
VENDORS The Crowne Group, Inc. Gallagher Benefit Services, Inc. Employers Mutual, Inc.
1552 Boren Dr., suite 100 2255 Glades Rd. Suite 400E 700 Central Parkway
Ocoee, FL 34761 Boca Raton ,FL 33431 Stuart, FL 34994
Attn: Mackie Branham Attn: Jeffrey P. Angello Attn: Jim Davis
Telephone: 407-654-5414 Telephone: 561-995-6706 Telephone: 772-287-7650
Fax: 407-654-9614 Fax: 561-995-6708 Fax: 772-287-1387
SCHEDULE OF SUBCONTRACTORS NOT SUBMITTED YESNES NOT SUBMITTED
SUBMITTED
COMMENTS
THREE YEAR CONTRACT FOR CONSULTING SERVICES FOR EMPLOYEES GROUP
INSURANCE PLAN
RFP DUE DATE: MAY 1, 2008
RFP DUE TIME: 2:30 P.M
RFP # 086-161 0-08/CJD
VENDORS
RECEIPT OF ADDENDUM #1
FIXED MONTHLY RATE
FOR (3) YEARS
CALENDAR DAYS TO BEGIN SERVICES
QUALIFICATIONS
ANTI KICK-BACK AFFIDAVIT
SUBMITTED
NON-COLLUSION AFFIDAVIT
SUBMITTED
CONFIRMATION OF MINORITY OWNED
BUSINESS
CONFIRMATION OF DRUG FREE
WORKPLACE SUBMITTED
SCHEDULE OF SUBCONTRACTORS
The Gehring Group
11505 Fairchild Gardens Ave. Ste 202
Palm Beach Gardens, FL 33410
Attn: Kurt N. Gehring
Telephone: 561-626-6797
Fax: 561-626-6970
Yes
$13,333.00
Yes
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation.
if any. are hereby rejected as late"
McKinley Financial Services, Inc.
545 North Andrew Ave.
Ft. Lauderdale, FL 33301
Attn: Jim McKinley
Telephone: 954-938-2685
Fax: 954-938-2695
Yes/not signed
$100,000. DO/year
o
~~.._..~._- ...._--.
Yes
~s ~s
Yes Yes
Yes/Not a minority Owned YesIYes/Certified
Business
Yes
Yes/NA
Yes
Y esIY es
The Rhodes Insurance Group
1263 E. Las Olas Blvd., Ste 205
Ft. lauderdale, FL 33301
Attn: Lloyd F. Rhodes
Telephone: 954-524-5075
Fax: 954-525-1248
Yes
$12,50000
7
n.._ . _"",_ ...
... -....- """'--yes---
Yes
Yes
Yes/Not a Minority
Owned Busines
Yes
Yes/NA
I
1
I
I
1
. .~
I
i
I
.~
I
i
I
I
i
THREE YEAR CONTRACT FOR CONSULTING SERVICES FOR EMPLOYEES GROUP
INSURANCE PLAN
RFP DUE DATE: MAY 1, 2008
RFP DUE TIME: 2:30 P.M
RFP # 086-1610-08/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
VENDORS The Gehring Group McKinley Financial Services, Inc. The Rhodes Insurance Group
11505 Fairchild Gardens Ave. Ste 202 545 North Andrew Ave. 1263 E. Las Olas Blvd., Ste 205
Palm Beach Gardens, FL 33410 Ft. Lauderdale, FL 33301 Ft. lauderdale, FL 33301
Attn: Kurt N. Gehring Attn: Jim McKinley Attn: Lloyd F. Rhodes
Telephone: 561-626-6797 Telephone: 954-938-2685 Telephone: 954-524-5075
SUBMITTED
COMMENTS Alternate Submitted *Alternate is: 1 % of annual premium
Percentage on different plans & 3% Annual premium for
additional products
CONSUL T ANT AGREEMENT FOR
"THREE (3) YEAR CONTRACT FOR CONSULTING SERVICES FOR
EMPLOYEES GROUP INSURANCE PLAN"
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and Willis of TN. Inc. "dba" Willis of Florida, hereinafter referred to as "the
Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Consultant is retained by the City to perform
CONSULTANT services in connection with the project designated.
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "B"
attached hereto, including the provision of all labor, materials, equipment and supplies. No
modifications will be made to the original scope of work without the written approval of the
city's assigned project manager.
3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant to proceed. Consultant shall perform all services
and provide all work product required pursuant to this agreement.
4. PAYMENT. The Consultant shall be paid by the Provider/City for completed work and for
services rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B"
attached hereto, provided that the total amount of payment to Consultant shall not exceed
$96.000.00 without express written modification of the agreement signed by the City.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this agreement and its acceptance by the City.
d. Payment as provided in this section by the provider shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and incidentals
necessary to complete the work.
e. The Consultant's records and accounts pertammg to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years. Copies shall be made available upon request.
CA-l
5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
is executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors.
6. COMPLIANCE WITH LA WS. Consultant shall, in performing the services contemplated by
this service agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Consultant's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Consultant.
8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1 ,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is
an independent contractor with respect to the services proviaed pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
CA-2
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee,
or contingent fee.
11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed b)
it under this agreement, will not discriminate on the grounds of race, color, national ongm.
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
14. TERMINATION.
a. . The City reserves the right to terminate this agreement at any time by giving ten (10) days
written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Consultant shall be sent to the following address:
CA-3
17. INTEGRA TED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
DATED this _ day of
,20_
CITY OF BOYNTON BEACH
City Manager
Consultant
Attest! Authenticated:
Title
(Corporate Seal)
City Clerk
Approved as to Form:
Attest! Authenticated:
Office of the City Attorney
Secretary
Rev. 1/22/91
CA-4
EXHIBIT "B"
CA-5
WIllis
Schedule A
SCOPE OF SERVICES
Services
Strategic Planning
. Assist in defining and prioritizing strategic health & welfare plan objectives
. Assist in the evaluation of internal technical capabilities to determine
increasedlimproved applications for administrative processes
. Identify underperforming vendor relationship
. Assess carrier/vendor customer service levels
. Develop project action timelines
. Periodic review of employee demographics
. Assist in the development of an employee survey. Conduct survey and provide
an executive summary detailing results
. Discuss relevant benchmarking data
Financial Analysis
. Perform financial review and analysis of experience reports
. Assess current funding arrangements for appropriateness and make
recommendations as needed
. Evaluate current costs of benefits versus effectiveness of plan design
. Review managed care expense and administrative service fees (where
applicable)
. Analyze utilization data and cost containment results of medical management
. Forecast projected benefit costs to include maximum exposure
. Evaluate excess loss coverage
. Prepare experience reviews as directed
. Assist in developing appropriate employee contributions levels
. Perform trend analysis from available diagnostic and normative data
Actuarial Services
. Provide limited actuarial services, including projecting funding needs for upcoming
fiscal year
EB rOBA 090507
Page 9 of 12
willi 5
':,ervlce::
i. Develop plan specification based on feedback from strategic planning meeting
. Jointly determine list of vendors best suited to meet plan goals and objectives
. Develop vendor performance guarantees with monetary penalties as necessary
. Assist in the review of current electronic data transfer processes with vendors
. Perform pre-marketing evaluation of census data, network service areas, and
administrative needs
. Evaluate carrier client support services
. Evaluate vendor financial ratings and accreditation
. Review provider network accessibility/employee match
. Perform critical analysis and comparison of plan features and costs
. Assist in the scheduling of selected finalist site visits
. Assist in conducting finalist negotiations
. Prepare and submit a summary report with recommendations to management
. Assist in the notification of all bidders as to the final outcome
Enrollment
.
Assist in the planning of employee meetings, round tables, and health seminars
Provide guidance on delivering a comprehensive communication strategy
Introduce workable technology solutions for communications and enrollment
where appropriate
Coordinate vendor sponsored communication material
Provide support with new-hire and annual enrollment process
.
.
I.
! .
I
i
EB TOBA 090507
Page 10 of 12
Willis
Compliance
. Provide legislative updates as needed
. Provide signature ready Form 5500s
. Provide access to ERISA attorneys for regulatory and compliance updates
. Review plan documents and summary plan descriptions for regulatory compliance
from a non-legal perspective (client would need to retain legal advice)
. Provide access to periodic web casts compliance sessions
Account Management Services
. Serve as a liaison between the client and all insurance companies/vendors
. Monitor administrative process and assist in the smooth resolution of elevated
issues
. Act as an employee/employer advocate in the resolution of ongoing claims issues
. Audit, confirm, and manage all changes in legal documents (contracts, policies,
SPDs, etc.)
. Set and monitor vendor goals and performance and report findings at quarterly
meetings
. Review plan performance as directed
. Review and provide guidance of diagnostic data
. Identify and monitor potential catastrophic claims
. Review large claims management activity
. Review network utilization
Willis Resources and Tools
. WillisMed - Implement the WillisMed tool to provide detailed claim analysis using
procedure and diagnoses codes (includes "what if' tool and auto-audit)
. HR Partner - provide assistance with broad HR structural, administrative, and
organizational issues (40 hours may be used towards HR audit or training)
. Compliance Manual- provide access via the Internet to Willis Compliance
Manual
. Provide access for two users to Search Willis knowledge and research system
. Provide customized, professionally crafted text and design for benefits folder
(standard 4 with pocket and 6 inserts) offered through the Willis Communicator
practice (printing costs not included)
. Design and implement customized company portal for HR and benefits
(Communication Manager)
EB rOBA 090507
Page 11 of 12
Wtllt s
· Actuarial Services - special projects and/or FAS 106 valuations
I. HR Partner compensation studies
I
I. Additional items offered through the Willis Communicator practice (posters,
benefit statements, direct mailings, fulfillment, etc)
· Legal drafting or detailed review of SPD's and wrapper documents.
· Other Service: Describe
· Other Service: Describe
· Other Service: Describe
Performance Guarantees
Willis of Florida is prepared to offer the following as guarantees for our performance
in handling the insurance brokerage and consulting services on the City of Boynton
Beach account:
Analysis and Reporting- Willis guarantees that all reports will be provided on a
timely basis and will contain data that is helpful to the City in managing their Benefit
Program.
Percentage of Fees at Risk-5%
Renewal and Negotiation Process- Willis will negotiate all rates and plans with the
vendors/ carriers for purposes of providing the City with the best possible program for
their employees in terms of costs and plan design.
Percentage of Fees at Risk-5%
Client Management- Willis will work with the City to create a benefits program that is
competitive in the marketplace, and will provide the necessary support to the City of
Boynton Beach for managing the daily activities of the benefit plans.
Percentage of Fees at Risk -10%
Willis of Florida will consider other alternative service satisfaction measures proposed
by the City of Boynton Beach to reflect the 20% of fees at risk.
EB rOBA 090507
Page 12 of 12
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.l
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meetinq Turned in to City Clerk's Commission Meetinq Turned in to City Clerk's
Dates Office Dates Office
0 April 15, 2008 March 31,2008 (Noon) 0 June 17, 2008 June 2, 2008 (Noon)
0 May 6, 2008 April 14, 2008 (Noon) 0 July 1, 2008 June 16, 2008 (Noon)
0 May 20, 2008 May 5, 2008 (Noon) 0 July 15, 2008 June 30, 2008 (Noon)
0 June 3, 2008 May 19, 2008 (Noon) rgJ August 5,2008 July 14, 2008 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM [ZJ Consent Agenda D Legal
Code Compliance & Legal
0 Settlements 0 Unfinished Business
D Public Hearing D
RECOMMENDATION: Approval of Resolution R08-_ concerning the adoption of the City Of
Boynton Beach's One Year Community Development Block Grant (CDBG) Action Plan for FY
2008/2009, and the contracts for sub-grantees to reflect the proposed expenditures as outlined in
program impact.
EXPLANATION: The City Of Boynton Beach is in its twelfth year of receiving Federal
Grant Funds. The One Year Plan has been developed with the activities recommended and approved
by the Commission at their July 15" 2008, meeting. As indicated in the attached minutes of that
meeting, there was discussion concerning the composition of the advisory review committee as well as
the activities and grant funding levels for the various sub- grantees. Following the discussion the
Commission unanimously approved recommended grant amounts.
PROGRAM IMPACT: The availability of much needed services that are eligible under the CDBG
program and provided to our community by various organizations.
Grant Amount
$525,713
Awarded to Sub-grantees 07/01/08
Aid to Victims of Domestic Abuse
Boynton Beach Faith Based CDC
Community Caring Center
Caring Ctr. dba "Ocean Avenue Green Market
PBC Resource Center
R. M. Lee CDC
TOTAL SUB-GRANTEES
12,000
80,000
55,000
25,000
35,000
66,000
$273,000
C:\Documents and Seftings\greeneq.CITY\Local Settings\ Temporary Internet Files\OLK 1 E\CC 08-05 CDBG Reso Contracts.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT: The City Of Boynton Beach expects to receive $525,713 in CDBG funds for FY
2008/2009, with $273,000 to be granted to six (6) sub-grantees. The remaining grant dollars will assist
with administrative costs, provide summer camp scholarships through the City's Recreation & Parks
Department, and allow housing rehabilitation and associated administrative costs.
ALTERNATIVES: None at this time.
~~~~. .
c/JJ Pitt
Department H ad's Signature
~6~~
City Manager's Signature
Department of Development
C:\Documents and Settings\greeneq.CITY\Local Settings\ Temporary Internet Files\OLK 1 E\CC 08~05 CDBG Reso Controch doc
Meeting Minutes
Regular City Commission
Boynton Beach, FL.
July 1, 2008
VI.Cl.
Proposed Resolution No. ROS-075 RE: Approving and
authorizing execution of an Interlocal Agreement for law Enforcement Services
between Palm Beach County and the City of Boynton Beach/Boynton Beach
Police Department for the administration of the Manatee Protection Conservation
Program.
Mayor Taylor inquired if the services provided would be in addition to the regular patrol functions
of the police unit, or whether more officers would be needed.
Matt Immler, Police Chief, explained it meant when the unit was out on patrol, they would keep
an eye out for manatees or injured manatees and would ensure the speed limits for manatee
areas were enforced. The agreement would pay for the gas of the boats. The hours of patrol
were from 6:00 a.m. and 6:00 p.m. and regular patrol shifts were between those hours for eight
hours, therefore no overtime would be paid.
Motion
Commissioner Ross moved to approve. Commissioner Weiland seconded the motion that
unanimously passed.
VI.D. Approve the recommendations of the Community Development Block Grant
review committee for funding activities in preparation of the City of Boynton
Beach's One Year Action Plan for FY 2008/2009.
Mayor Taylor inquired how the review committee members were selected.
Octavia Sherrod, Community Improvement Director, responded there were no stated
requirements for individuals that reviewed the proposals. Normally there was so much material
to read, she tried to utilize individuals in the community who had time to read the proposals or
who had experience in the past with the process.
There was discussion regarding the R.M. Lee Community Development Corporation, and Mack
McCray, who was in the administrative branch of the church which founded the CDC. It was
observed representatives from the other organizations did not serve on the review committee
and it was thought more impartial individuals should be utilized.
Commissioner Hay noted the church and the R.M. Lee CDC were two separate entities. Mr.
McCray was a clerk with the church. Ms. Sherrod explained if there was a concern, his scoring
could be invalidated and they could rely on the other individuals who were involved in the
process. It was more expedient to use individuals who provided the service in the past and she
advised all of the agencies who made a request were funded.
Commissioner Hay explained the CDC was a 501 C (3) corporation and was separate from the
church. Ms. Sherrod was currently also a board member serving on both the R.M. Lee CDC and
the Boynton Beach Faith Based CDC boards. Mayor Taylor thought it would avoid the
appearance of impropriety if individuals did not have liaisons with the organizations. He
9
Meeting Minutes
Regular City Commission
Boynton Beach, Fl.
July 1, 2008
commented all of the organizations provided good service but the Community Caring Center
was closest to the poorest individuals in the community. Their funding request was for $60K
and they received $55K.
Ms. Sherrod explained the process and percentage of funding that could be used for public
service. One funding request was for the Community Caring Center for $55K, another was from
AVDA and another from the City Recreation and Parks Department. Only 15% of the funds
could be used for public service and that amount totaled nearly $79K. Those funds were
divided between those three agencies. The other activity that was proposed by the Community
Caring Center was for economic development and did not fall under the public service proviso.
Consequently, that request was not funded.
Mayor Taylor noted the R.M. Lee CDC budget showed the project manager line item was $20K
and this year was $35K. Ms. Sherrod explained the executive director position for this year had
been vacant, and consultant services were used. The administrative program assistant salary
was reduced and the program consultant was eliminated, which made up for $9K for the
executive director. Ms. Sherrod noted the budget was a proposed budget, and if approved,
when the contract was ready, they would have reviewed and determined what was eligible and
what the budget really was.
Motion
Commissioner Hay moved to approve Item D. Commissioner Ross seconded the motion that
unanimously passed.
VLE. Approve event funding for The Intergenerational Gathering to be held on July 19,
2008.
Mayor Taylor inquired about the budget of $9,658. He noted the City Commission provided $4K
and requested confirmation the balance would be taken from City funds. City Manager
Bressner explained at the time the agenda item was prepared, $lK was obtained from another
funding source. Vice Mayor Rodriguez explained the discrepancy was the City Commission was
advised the budget was $4,500, and instead the City would be responsible for funding the
entire event. Commissioner Weiland expressed it should be the responsibility of Neighborhood
Services to find sponsors for the event.
Thelma Lyons, Neighborhood Services, provided an update of the budget and distributed the
list of sponsors; however, there were still funds needed in an amount just under $3K. The
additional funds would be taken from Neighborhood Services funds. The total budget was
$9,600 as opposed to $6,600 from last year.
Chief Immler explained as of June 24, 2008, Neighborhood Improvement had a budget of
$23,270 and a total budget, including salaries, of $49,961.
10
1 RESOLUTION R08-
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, APPROVING THE ADOPTION OF THE CITY
6 OF BOYNTON BEACH'S ONE YEAR ACTION PLAN
7 FOR 2008-09; APPROVING AND AUTHORIZING
8 EXECUTION OF CONTRACTS WITH SUB-GRANT
9 RECIPIENTS TO REFLECT THE PROPOSED
10 EXPENDITURES AS OUTLINED IN THE PROGRAM
11 IMPACT; AND PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS, the City of Boynton Beach is entering into its twelfth year of receiving
15 federal grant funds as an entitlement community; and
16 WHEREAS, the One-Year Action Plan has been developed with activities
17 recommended and approved by the Commission at its July 1, 2008 meeting.
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
19 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
20
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
21 being true and correct and are hereby made a specific part of this Resolution upon adoption
22 hereof.
23
Section 2.
The City Commission of the City of Boynton Beach hereby approves th
24 adoption of the City of Boynton Beach's One Year Action Plan for fiscal year 2008-09, which PIa
25 is attached hereto as Exhibit "A" and made a part hereof, and approves and authorizes execution 0
26 contracts with sub-grant recipients.
27
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\08-09 One Year Action Plan (Comm Imp).doc
- 1 -
2
PASSED AND ADOPTED this
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
y)
'),
_J
24
~5
26
27
28 ATTEST:
29
30
31
~,
J_
33 Janet M. Prainito, CMC
34 City Clerk
35
36
37 (Corporate Seal)
day of August 2008.
CITY OF BOYNTON BEACH. FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hav
Commissioner - Marlene Ross
S:CA,RESO\08-09 One Year Action Plan (Comm Imp).doc
- -. -
Grantee Name: City of Boynton Beach
CPMP Version 2.0
Project Name: lAid to Victims of Domestic Assault . .
Description: I 1015 Project #: I ...... .IUOG Code: 120264
Salary a nd'benefits-fClrdbm~stiF epiJca1:ibnsqpPClrt cOY.f'\selor fClr'stlJdents~reKtCl12thg rade
Location:
OU~~9.itS.,nature,: 'lo(;a'lity,is
cbnfidentia'l , .
""
I Public Services [~I ;;'
Select one: .... .. .....,
7*
,."
Expected Completion Date:
W3Q1i2aQ9,'..' ,'.
"U[)JectJY~i~~p~' '., ..
@'D~ce~t"~9bsih,9':
, 0 'Sliltcibi~.: . . .
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1 Improve the services for low/mod income persons
...
...,.:,:
2
3
...1
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... Proposed :L30' , ......." Accompl. Type: I... Proposed
,Underway..... Underway
,.!!", Complete ,,, !'.,."'" " Complete
Accompl. Type: ... Proposed 'j " Accompl. Type: i... Proposed
'i,.'. Underway" Underway"
:,,)!',;\Iij[i" Complete':,"" . """,,";;!,:, ,';;' '.. Complete .. ,. .,.".
Accompl. Type: ... Proposed"',',:"": Accompl. Type: I... Proposed
....... ..... " Underway!.! . ... :\' .""t",.>".. Underway
.,,!,,}, .,...., . ",,,"';,:', Complete ,::f,'.' ~,..,..,.,!.,.,' Complete
Proposed Outcome Performance Measure Actual Outcome
A.' ssista.. n. de... ',.........'.'t...p.'..",'.c.......h. ,.....i.'I......d.............r. e,'....:...n....'...., at,.....: CnUdrehasslstecl' . .... ': ....". .
. ... ,.!.... ',' . ..... "", ...... ",,,,,..,
risk()fq9rm.~,~~rg;ab9~~j. . '.,i. ',"'ii', ~ ;i. '!':., i.' :.i, ,."
050 Youth Services 570.201(e) 1...1 Matrix Codes ...1
1...1
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01 People
III
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Matrix Codes
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Matrix Codes
i Matrix Codes
... Matrix Codes
en COBG I'" Proposed Amt. Fund Source: ... Proposed Amt. ii' ,...... '!',
0 """'" T,
...... Actual Amount .. "',. '.,. J" Actual Amount ,.
IX) I... Proposed Amt. . " " Proposed Amt.
0 CDBG ; Fund Source: ... ..'
&.. , Actual Amount .J ,'" .,.,) , ",,:"'':'' ,',,'., Actual Amount i'",:,
ra
CD I... Proposed Units ..,..:......:..'."...........'..... Proposed Units ,
> 01 People Accompl. Type: ...
ra ',..' Actual Units ',"'1 ,. I"'..'", . .' " Actual Units
u Accompl. Type: I... Proposed Units ," :,.'",,"', Proposed Units ':::"':',,"".
III Accompl. Type: ... ....
ii: i.. ..i,' ,'...., Actual Units ,.... :.: ,.',". ."",:;;:;,." '..:; Actual Units " ""',...
Grantee Name: City of Boynton Beach
Project Name: Bo nton Beach Faith Based Communit Develo ment COr oration
Description: IDIS Project #: UOG Code: 120264
Provide salaries andpartlaf sala'riesforExecutive Director, Office Manager and Homebuyer Counselor for Faith Based
Communitybevelopment Organization to provide pre purchase workshops. Agency will develop new affordable housing.
Location:
2191 No. Seacrest Blvd. Boynton
Beach, FI 33435
Outcome Categories
o A~ailabllitY1Accessibility
E/Affordability
o SustainabiHtY
III
...
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01 People
Accompl. Type:
Pro osed Outcome
Providenewhousingahd
bringE:!xistir~9 hOrnE:!~c9q~.,
Select one:
I Owner Occupied Housing
...
7*
Explanation:
Cp~G fundswillbE:!nefif?40pe0pjle ~~puclllyandprovide at a
minimum 7 families with housing.
1 i Increase the availability of affordable owner housing
2
31
...'
~
..... Proposed
Underway
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Proposed
Underway
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7
Accompl. Type:
..... Proposed
Underway
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,..... Proposed
Underway
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..... Proposed
Underway
Complete
Actual Outcome
I
, .....
240
Accompl. Type:
..... Proposed
Underway
Complete
Performance Measure
7 new homes; 2 rehabilitations
Accompl. Type:
I
I Matrix Codes
19C CDBG Non-profit Organization Capacity Building
...
Matrix Codes
...
,..!
I
en CDBG ... Proposed Amt. $130,000
0 Actual Amount
.......
00 Proposed Amt.
0 CDBG I ...
I.. Actual Amount
n:l
Q) Proposed Units
>- 04 Households .....
n:l Actual Units
u Accompl. Type: Proposed Units
III :...
u: Actual Units
... Proposed Amt.
Actual Amount
Proposed Amt.
Actual Amount
Proposed Units
Actual Units
i'" Proposed Units
Actual Units
Fund Source:
Grantee Name: City of Boynton Beach
Project Name: Communi CarinCenterofBo ntonBeach Inc
Description: IDIS Project #: UOG Code: 120264
PrOVide partial salaries for Executive>Director, and four part time case rnanager,utmties,insurance, mortgage, and
auditing for non profitagenty that providesemergencyrentalan(:lmortgage payment assistance, utility assistance, food
and prescription medication vouchers, emergency disaster assistance, referral services for job placement and tax
information
Location:
145 NEAth Avenue Boynton
Beach, .FI 33435
Select one:
I Public Services
7*
Explanation:
CDBGful1dswUlbenefit 2000 people
Outcome,Categofies
o AvailabllitvlAcCe5Slbility
DAff'ordabil~
o Sustainability
II)
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... Proposed 1:000 Accompl. Type:
Underway
Complete
... Proposed 1000 Accompl. Type:
Underway
Complete
... Proposed Accompl. Type:
Underway
Complete
Performance Measure
lOOO..'housebo'lds
... Proposed
Underway
Complete
... Proposed
Underway
Complete
... Proposed
Underway
Complete
Actual Outcome
04 Households
Accompl. Type:
Pro osed Outcome
Prevent homelessness
05 Public Services (General) 570.201(e)
Matrix Codes
! Matrix Codes
0\ CDBG Proposed Amt. $55)000 ... Proposed Amt.
0
...... Actual Amount Actual Amount
ClO Proposed Amt.
0 CDBG ... Proposed Amt.
I.. Actual Amount Actual Amount
Rl
CU Proposed Units
>- 04 Households ... Proposed Units
Rl Actual Units Actual Units
u Accompl. Type: Proposed Units
II) ... Proposed Units
ii: Actual Units Actual Units
Grantee Name: City of Boynton Beach
Project Name: Center / Ocean Avenue Green Market
Description: 1015 Project #: UOG Code: 120264
Salary and Benefits, rent to provide technical assistance to provide shared management and marketing services for
franchise opportunities to entrepreneur businesses.
Location:
145 NE 4th Avenue Boynton
Beach, FI 33435
Outcome Categories
[] Availability/Accessibility
o Affordability
o Sustainability
III
.jJ
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~J:
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IJ
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04 Households
01 People
Accompl. Type:
Pro osed Outcome
Prevent homelessness
l8C Micro-Enterprise Assistance
Matrix Codes
Matrix Codes
:=__~~~,~~_,u~~___~ U~~.~ ~~~ ~ ~~~ ~ ~.. ~ , ~~_~~, u~_ ~ ~, __ _~ ~_~~~~~~~~__~~__ _ _=~_ ~~~J
Select one:
I
j Economic Development
I
~i
7*
Explanation:
CDBG funds will benefit people
2'
I
3'
...
3
... Proposed
Underway
Complete
... Proposed
Underway
Complete
I'" Proposed
Underway
Complete
Performance Measure
1000 households
Accompl. Type:
... Proposed
Underway
Complete
... Proposed
Underway
Complete
... Proposed
Underway
Complete
Actual Outcome
Accompl. Type:
Accompl. Type:
...
...
...
0\ CDBG ... Proposed Amt. $25,000 Fund Source: ... Proposed Amt.
C Actual Amount Actual Amount
......
CO Proposed Amt. Proposed Amt.
C CDBG ... Fund Source: ...
J.. Actual Amount Actual Amount
ltl
Q) '... Proposed Units Proposed Units
>- 04 Households Accompl. Type: ...
ltl Actual Units Actual Units
IJ Accompl. Type: Proposed Units Accompl. Type: Proposed Units
III ... ...
u: Actual Units Actual Units
Grantee Name: City of Boynton Beach
Project Name: PalmBeachCoun Resource Center, Inc
Description: IDIS Project #: UOG Code: 120264
ProvidE! procurement assistance tominorityownedbus.inesses, managemel1tand marketing assistance to businesses by
developing business plans, feasibility studies, strategJc. analysis, andll1corporation services
Location:
2001 Broi:ldway,S;uite 250
Riviera Beac:hJ .F133404
Select one:
I Economic Development
7*
Explanation:
CDBG,Junds wilhben~fit 6 people.
OLJtc:om~.tat~~6~ie~
o AyailapllityTAcCessibiiity ..
o Affotdapillty
Dsu5talnability
08 Businesses
Proposed
Underway
Complete
... Proposed
Underway
Complete
Proposed
Underway
Complete
Performance Measure
3 jobs created a nd 3jObs
retained
Accompl. Type:
Accompl. Type:
... Proposed
Underway
Complete
... Proposed
Underway
Complete
... Proposed
Underway
Complete
Actual Outcome
III
...,
'i c:
> CU
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I III
~=
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Q. u
u
ct
Accompl. Type:
Accompl. Type:
Pro osed Outcome
Providemanagf:!ry1enfand
technicatassistanceto
.;
g CDBG
......
co
o CDBG
I.
IU
cu
> 04 Households
IU
u
III Accompl. Type:
i!
... Proposed Amt.
Actual Amount
... Proposed Amt.
Actual Amount
... Proposed Units
Actual Units
I... Proposed Units
Actual Units
$25,000
I... Proposed Amt.
Actual Amount
... Proposed Amt.
Actual Amount
... Proposed Units
Actual Units
... Proposed Units
Actual Units
l8C Micro-Enterprise Assistance
I Matrix Codes
Matrix Codes
Grantee Name: City of Boynton Beach
Project Name: R. M. Lee Communit Develo ment Center, Inc
Description: 1015 Project #: UOG Code: 120264
Faith Based Community Development Corp. located in Heart of Boynton Target area to provide elderly housing units,
initiate predevelopment work on Ocean Breeze and MLK projects. Provide 3 single family units on their own, Partner
with other non profit in LLC to assist CRA with redevelopment of Heart of .Boynton. Establish youth skills development
program with job training component.
Location:
2018 Boynton Bay Court Boynton
Beach, FI 33435
i Priority Need Category
...
Select one:
7*
Explanation:
CDBG funds will benefit 40 people
Expected Completion Date:
9/30/2009
jective tegory
o Decent Housing
@ Suitable Uving Environment
o Economic Opportunity
Outcome Categories
o Availability/Accessibility
o Affordability
o Sustainability
~
2 Increase the availability of affordable owner housing
Proposed
Underway
Complete
Performance Measure
3 Affordable Housing Units
31
III
....
C
Q) Q)
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~J:
I III
0=
Q) C-
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1.0 0
Q., U
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<
01 People
... Proposed
Underway
Complete
~ Proposed
Underway
Complete
04 Households
13 Jobs
1
, ...
Pro osed Outcome
Senior homes build; youth
job training
19C COBG Non-profit Organization Capacity Building
Matrix Codes
Matrix Codes
en CDBG ... Proposed Amt. $66,000
C Actual Amount
........
CO I... Proposed Amt.
C CDBG
1.0 Actual Amount
Rl
Q) Proposed Units
>- 04 Households i.
Rl Actual Units
u i... Proposed Units
III Accompl. Type:
i:i: Actual Units
~
2S
Accompl. Type: '..., Proposed
~~---~
Underway
Complete
3
..., Proposed
Underway
Complete
Accompl. Type: ~ Proposed
-----~--- Underway
Complete
Actual Outcome
Accompl. Type:
15
~
....!
.-1
..i
--'----.J
I Proposed Amt.
Fund Source: ! ...,
Actual Amount
Fund Source: ... Proposed Amt.
Actual Amount
Accompl. Type: ' ... Proposed Units
Actual Units
Accompl. Type: ... Proposed Units
Actual Units
Grantee Name: City of Boynton Beach
Project Name: Pro ram Administration
Description: IDIS Project #: UOG Code: 120264
General Administrative Experlsesil1curred by the City of Boynton Beach il1 performing, planning., monitoring, of the
CDBG..Program . ..
Location:
100.E.BoyntonBeachBlvd.
Boynton Beach,FI 33435
Explanation:
Select one:
I Planning/Administration
7*
Proposed
Underway
Complete
Performance Measure
3 Aff6rd.able Housing Unit~
OLltcom~ Categories
o Availability/AcceSsibilitY
o AffordabilitY
o Sustain~bility
Ul
olJ
t:
QJ QJ
> E
.!,s:
I Ul
'tj::
QJ Q.
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I.. 0
0. u
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c(
01 People
... Proposed
Underway
Complete
... Proposed
Underway
Complete
04 Households
01 People
I...
Pro osed Outcome
Senior homes build; youth
job training
21A General Program Administration 570.206
I Matrix Codes
Matrix Codes
0\ CDBG ... Proposed Amt.
Q
....... Actual Amount
CO Proposed Amt.
Q CDSG ...
I.. Actual Amount
III
QJ Proposed Units
> 04 Households ...
III Actual Units
u Accompl. Type: Proposed Units
Ul ...
ii: Actual Units
Accompl. Type:
Accompl. Type:
Accompl. Type:
I... Proposed
Underway
Complete
... Proposed
Underway
Complete
... Proposed
Underway
Complete
Actual Outcome
... Proposed Amt.
Actual Amount
Proposed Amt.
Actual Amount
I
...
Proposed Units
Actual Units
... Proposed Units
Actual Units
Grantee Name: City of Boynton Beach
Project Name: Housin Rehabilitation
Description: 1015 Project #: UOG Code: 120264
Full rehabilitation of owner occupied single family housing. Funds may be leveraged with State of Florida Housing
Initiatives Program
Location:
100 E. Boynton Beach Blvd.
Boynton Beach, FI 33435
Select one:
Owner Occupied Housing
...
7*
Explanation:
Expected Completion Date:
9/30/2009
1ectlve tegory
@ Decent Housing
o Suitable UvingEnvironment
o EconomicOpportunity
Outcome Categories
o Availability/Accessibility
o Affordability
o Sustainability
3
...
01 People
!... Proposed
Underway
Complete
... Proposed
Underway
Complete
... Proposed
Underway
Complete
Performance Measure
Accompl. Type:
... Proposed
Underway
Complete
... Proposed
Underway
Complete
... Proposed
Underway
Complete
Actual Outcome
III
..
s:
cu cu
> E
cu,t:
L .!!?
u
cu c-
'S E
10. 0
Q. u
u
c(
04 Households
Accompl. Type:
01 People
Accompl. Type:
Pro osed Outcome
en CDBG ... Proposed Amt. $183,265
0 I
........ Actual Amount
CIO Proposed Amt.
0 CDBG ...
10. Actual Amount
III
CU Proposed Units
>- 04 Households ...
III Actual Units
u Accompl. Type: Proposed Units
III ...
LL Actual Units
14A Rehab; Single-Unit Residential 570.202
Matrix Codes
Matrix Codes
...
~
Fund Source: ... Proposed Amt.
Actual Amount
I Proposed Amt.
Fund Source: I'"
Actual Amount
Accompl. Type: ... Proposed Units
Actual Units
Accompl. Type: ... Proposed Units
Actual Units
Grantee Name: City of Boynton Beach
Project Name: Housin Rehabilitation Administration
Description: IDIS Project #: UOG Code: 120264
Delivery costs associated with im pletnenting housing rehabilitation program
Location:
lOOE. Boynton Beach Blvd.
Boynton. Beach, FI 33435
Select one:
I Owner Occupied Housing
7*
Explanation:
Outcome Categories
o AvailaqilityJAcqessibllitY
D~ffordabilitY
E]sustaiqa~ilitv i
01 People
1
2 Improve the services for low/mod income persons
II)
..
_ c:
IV IV
> E
.!.c:
I II)
t::
IV Q.
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10. 0
Q. u
u
cr:
3
01 People
Proposed Accompl. Type:
Underway
Complete
... Proposed Accompl. Type:
Underway
Complete
... Proposed
Underway
Complete
Performance Measure
... Proposed
Underway
Complete
I... Proposed
Underway
Complete
... Proposed
Underway
Complete
Actual Outcome
04 Households
Pro osed Outcome
Matrix Codes
i'" Matrix Codes
14H Rehabilitation Administration 570.202
... Matrix Codes
Matrix Codes
... Matrix Codes
en CDBG ... Proposed Amt. $100,odO. Fund Source: ... Proposed Amt.
0
....... Actual Amount Actual Amount
CO Proposed Amt. Proposed Amt.
0 CDBG ... ...
10. Actual Amount Actual Amount
ra
IV Proposed Units Proposed Units
>- 04 Households ... ...
ra Actual Units Actual Units
u Accompl. Type: Proposed Units Proposed Units
III ... ...
i:i: Actual Units Actual Units
Project Name:
Location:
100 E. Boynton Beach Blvd.
Boynton Beach, FI 33435
Outcome Categories
[] Availability/Accessibility
o Affordability
o Sustainability
III
...
I:
G) G)
~ E
.J:
... .~
u
G) Q.
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~ 0
Q. u
u
<
01 People
04 Households
01 People
Pro osed Outcome
--=1
Select one:
Public Services
7*
Explanation:
1 j Improve the services for low/mod income persons
2
3
I ... Proposed 30 Accompl. Type: ... I Proposed
I .-
Underway Underway
Complete Complete
I Proposed I Proposed
... Accompl. Type: ...
Underway Underway
Complete Complete
... Proposed Accompl. Type: I... Proposed
Underway Underway
Complete Complete
Performance Measure Actual Outcome
05D Youth Services 570.201(e) ...
Matrix Codes ...
Matrix Codes ...
0'1 I Proposed Amt. $11,856 I... Proposed Amt.
0 CDBG I ... Fund Source: I
........ Actual Amount Actual Amount
DO Proposed Amt. Proposed Amt.
0 CDBG ... Fund Source: ...
I.. Actual Amount Actual Amount
/U
G) Proposed Units Proposed Units
>- 04 Households ... ...
ra Actual Units Actual Units
u I Proposed Units Proposed Units
III Accompl. Type: ! ... Accompl. Type: '...
u: Actual Units Actual Units
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
AID TO VICTIMS OF DOMESTIC ABUSE, INC.
THIS AGREEMENT, entered into this day of , 2008, by and between
the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its
Community Development Block Grant Program and AID TO VICTIMS OF DOMESTIC ABUSE, INC., a
non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having
its principal office at Post Office Box 667, Delray Beach, FL 33447 and its Federal Tax Identification
Number as 59-2486620.
Whereas, The City of Boynton Beach has entered into an agreement with the United States
Department of Housing and Urban Development for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant
to Title I of the Housing and Community Development Act of 1974, (as amended);
And
Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of
Boynton Beach and AID TO VICTIMS OF DOMESTIC ABUSE, INC. desire to provide the activities
specified in Part II of this contract;
And
Whereas, the City of Boynton Beach desires to engage AID TO VICTIMS OF DOMESTIC ABUSE, INC. to
implement such undertakings of the Community Development Block Grant Program. Now, therefore, in
consideration of the mutual premises and covenants herein contained, it is agreed as follows:
PART I
DEFINITION AND PURPOSE
A. Definitions:
1) "City" means City of Boynton Beach
2) "CDBG" means Community Development Block Grant Program of the City of Boynton
Beach
3) "CID" means Community Improvement Division
4) "The Agency" means AID TO VICTIMS OF DOMESTIC ABUSE, INC.
Page 1 of 16
5) "CID Approval" means the written approval of the Director of Development or
designee after a request or a report has been properly processed in accordance with
the CID Policies Procedures
6) "U.S. HUD" means the Secretary of the U.s. Department of Housing and Development
or a person authorized to act on u.s. HUD behalf
7) "Low and Moderate Income Persons" means the definition set by u.s. HUD
B. Purpose:
The purpose of this Agreement is to state the covenants and conditions under which the Agency will
implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project
funded under this Agreement must constitute a majority (51 %) of low- and moderate-income persons.
PART II
SCOPE OF SERVICES
The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks
necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget,
Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto
and made a part hereof.
PART III
COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT
A. Maximum Compensation
The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement
the actual amount of budgeted, eligible, and Director of Development or deSignee-approved
expenditures and encumbrances made by the Agency under this Agreement. Said service shall be
performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement
to be paid hereunder exceed the maximum and total authorized sum of $12,000.00 for the period of
October I, 2008 through September 30, 2009.
Further budget changes within the designated contract amount can be approved in writing by the
Director of Development or designee at their discretion up to twenty percent on a cumulative basis of
the contract amount during the contract period.
Page 2 of 16
Such requests for changes must be made in writing by the Agency to the Community Improvement
Manager. Budget changes in excess of this twenty percent must be approved by the Commission of '
the City of Boynton Beach.
B. Time of Performance
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon
the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-08-
MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release
of funds by U.S. HUD, whichever is later.
The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to
Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this
Agreement. In any event, all services required hereunder shall be completed by the Agency by
September 30, 2009.
C. Method of Payment
The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs
permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to
the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or
reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted
to CID for approval no later than thirty (30) days after the date the indebtedness was incurred.
Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of
invoices and reports approved by the Agency and CID. For purposes of this section, originals of
invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the
case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors
must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of
payment must be received if any additional funds are to be disbursed.
When original documents cannot be presented, the Agency must adequately justify their absence, in
writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach
Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any
invoices be honored that predate the commencement date of this agreement.
Page 3 of 16
D.
Conditions on which Pavment is contingent:
1) Implementation of Project According to Required Procedures
The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws,
ordinances and codes and with the procedures outlined in the CID Policies, and amendments and
additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies
and Procedures. No reimbursements will be made without evidence of appropriate insurance required
by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No
payments will be made until the agency's personnel policies are approved by the Director of
Development Services or his designee CID Manager. No payments for multi-funded projects will be
made until a cost allocation plan has been approved by the CID Manager or his designee and placed on
file with CID. Should a project receive additional funding after the commencement of this Agreement,
the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source
and submit an approved cost allocation plan within forty-five (45) days of said official notification
2) Financial Accountability
The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by
an independent auditing firm employed by the City or by the City Internal Audit Department at any time
the City deems necessary to determine the capability of the Agency to fiscally manage the project in
accordance with Federal, State, and City requirements.
3) Subcontracts
Any work or services subcontracted hereunder shall be specifically by written contract, written
agreement, or purchase order and shall be subject to each provision of this Agreement. Proper
documentation in accordance with City, State, and Federal guidelines and regulations must be submitted
by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the
work or services covered by this Agreement, including but not limited to consultant work or services,
shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his
designee.
Page 4 of 16
4) Purchasing
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach
Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by
reference.
5) Reports, Audits, and Evaluations
Payment will be contingent on the receipt and approval of reports required by this agreement, the
satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit
Department of the City and Federal Government if required. All reports (monthly and/or quarterly) will
be due within the time prescribed by this Agreement and the attachments hereto following the execution
of this Agreement.
6) Additional CID, CTIY and U.S. HUD Requirements
CID shall have the right under this Agreement to suspend or terminate payments until the Agency
complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time.
7) Prior Written Approvals - Summary
The following includes, but is not limited to, activities that require the prior written approval of the CID
Manager or his designee to be eligible for reimbursement or payment:
a) All subcontracts and agreements pursuant to this Agreement;
b) All capital equipment expenditures of $1,000 or more;
c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida
Statutes, Chapter 112.061);
d) All change orders; and
e) Requests to utilize uncommitted funds after the expiration of this agreement for programs
described in Exhibit A.
8) Program Generated Income
All income earned by the Agency from activities financed in whole or in part by CDBG funds must be
reported to CID. Such income would include, but not be limited to income from service fees, sale of
commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to
Page 5 of 16
CID the procedure developed to utilize program income to offset project costs. If program income is
used to extend the availability of services provided by the Agency through this Agreement, the prior
written approval of the Director of Development or his designee will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A-
110, and other applicable regulations incorporated herein by reference.
9) Salary Rates and Increases
All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or
cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG
funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior
established guidelines.
PART IV
GENERALCONDmONS
A. Opportunities for Residents and Civil Rights Compliance
The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability,
national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under
any activity carried out by the performance of this Agreement. Upon receipt of evidence of such
discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded contracts in
connection with the project.
B. Opportunities for Small, and Minority/Women Owned Business Enterprises
In the procurement of supplies, equipment, construction, or services to implement this Agreement, the
Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as
sources of supplies and services, and provide these enterprises the maximum feasible opportunity to
compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible,
these small and minority/women-owned business enterprises shall be located in or owned by residents
of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by
U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and
Community Development Act of 1968.
Page 6 of 16
C. Project Beneficiaries
At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low-
and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S.
HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this
Agreement must reside in the City of Boynton Beach.
The project funded under this agreement shall assist beneficiaries as defined above for the time period
designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance
to CID upon CID's request.
D. Evaluation and Monitoring
The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined
necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory
evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports and output
measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make
copies or transcriptions of such records and information in connection with services to be provided
hereunder. The Agency shall submit on a monthly and/or quarterly basis, and at other times upon the
request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved
by CID. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities)
will be required. This information will include: (1) detailed information on the status of the project(s)
and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and
moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In
the event that this Agreement should provide funds for capital improvements projects, the Agency shall
be responsible for providing all necessary and pertinent information to CID in order to allow for
completion of Grantee Performance Reports. However, this exception shall apply only to capital
improvements activities.
E. Audits and Inspections
At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller
General of the United States may deem necessary, there shall be made available by the Agency to CID,
the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters
covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General
Page 7 of 16
to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement.
Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or
program specific audit conducted in accordance with OMB A-B3. Nonprofit organizations expending
federal awards of $300,000 or more under only one federal program may elect to have a program
specific audit performed audit performed, in accordance with OMB A-B3.
Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from
an audit conducted in accordance with OMB A-B3, although their records must be available for review.
These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance
audits). They may choose instead of a reduced scope audit to have a program audit conducted for each
federal award in accordance with federal laws and regulations governing the programs in which they
participate. Records must be available for review or audit by appropriate officials of the General
Accounting Office and other Federal and city agencies.
The City will require when applicable, in accordance with OMB Circulars A-ll0, A-B3 and other
applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's
choosing, subject to CID within one hundred and eighty (180) days after the expiration of this
agreement. The cost of said audit should be borne by the Agency. The City will be responsible for
providing technical assistance to the Agency, as deemed necessary by either party.
F. Data Becomes City Property
All reports, plans, surveys, information, documents, maps, and other data procedures developed,
prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the
property of the City without restriction, reservation or limitation of their use and shall be made available
by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated
under this Agreement, copies of all documents and records relating to this Agreement shall be
surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for
three (3) years after expiration of this Agreement.
Page 8 of 16
G. Indemnification and Insurance
The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation
between itself and the City. The Agency shall indemnify and save the City harmless from any and all
claims, losses, damages and causes of actions which may arise out of the performance of this
Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The
Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs
and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and
judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the
City for funds which the City is obligated to refund the Federal Government arising out of the conduct of
activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless
obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in
no event shall they apply to liability caused by the negligence or willful misconduct of the City, its
respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida
Statutes, be waived.
At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive
General Liability Insurance, including coverage for personal injury, bodily injury, property damage and
contractual liability to support the indemnification agreement contained herein. Such insurance shall be
in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by
a Certificate of Insurance, which must also provide documentation or workers compensation for your
employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non-
renewal, or any adverse change in coverage.
H. Maintenance of Effort
The intent and purpose of this Agreement is to increase the availability of the Agency's services. This
Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The
Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar
to those being assisted under this Agreement which is not less than that level existing prior to this
Agreement.
I. Conflict of Interest
The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-ll0
pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein.
Page 9 of 16
The agency further covenants that no person who presently exercises any functions or responsibilities in
connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities
provided under this agreement which would conflict in any manner or degree with the performance of
this Agreement and that no person having any conflict of interest shall be employed by or subcontracted
by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be
disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner
so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
J. Citizen Participation
Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures,
including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions
of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees
and Citizen Participation Structures upon the request of CID or the City.
K. Project Publicity
All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to
funding source. The Agency will include a reference to the financial support herein provided by City of
Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good
faith effort to recognize City's support for all activities made possible with fund available under this
agreement.
L. Contract Documents
The following documents are herein incorporated by reference and made part hereof, and shall
constitute and be referred to as the contract; and all of said documents taken as a whole constitute the
contract between the parties hereto and are as fully a part of the contract as if they were set forth
verbatim and at length herein:
1) This Agreement including its Exhibits
2) Office of Management and Budget Circulars A-110, A-122 and A-l33
3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of
1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans
With Disabilities Act of 1990
4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and
Section 109 of the Hosing and Community Development Act of 1974
Page 10 of 16
5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the
Housing and Development Act of 1974
6) Florida Statutes, Chapter 112 and 768.28
7) City of Boynton Beach Purchasing Ordinance
8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended
9) The Agency's Personnel Policies and Job Descriptions
10) The Agency's Incorporation Certificate and Articles of Incorporation
11) The Agency's by-laws
12) The Agency's Certificate of Insurance and Bonding
13) Current list of the Agency's Officers and members of Board of Directors
14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these
documents are filed and will be maintained on file at the office of Community Redevelopment.
One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by cm.
Items 9 through 14 above shall be transmitted to OD by the Agency.
M. Termination
In the event of termination for any of the following all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the
Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach.
In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained
by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any
payment to the Agency until such time as the exact amount of damages due to the City from the Agency
is determined.
1) Termination for Cause
If through any cause the Agency shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the Agency shall violate any of the covenants,
agreements, or stipulations of this Agreement, the City shall provide the Agency with written
notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30)
calendar days to remedy the failure or violation. In the event that the Agency does not
remedy the failure or violation, within the thirty (30) day calendar period, the City then has
the right to terminate this Agreement or suspend payment in whole or part by giving written
notice to the Agency of such termination or suspension of payment and specify the effective
date thereof, at least five (5) working days before the effective date of termination or
suspension.
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2) Termination for Convenience
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other
party. Upon termination, the City shall pay the Agency for services rendered pursuant to this
Agreement through and including the date of termination.
3) In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.S. HUD specifies.
N. Severability of Provisions
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of applicable
law.
O. Leveraging
The Agency agrees to seek additional supportive or replacement funding from at least two (2) other
funding sources. This will allow, to the greatest extent possible, the leveraging of u.s. HUD funds.
Proposals to other agencies will be made in writing and a copy of such provided to CID.
P. Amendments
The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State,
County, or U.s. HUD guidelines, directives and objectives. Such amendments shall be incorporated by
written amendment as part of this Agreement and shall be subject to approval by the City of Boynton
Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the City Commission and signed by both parties.
Q. Notice
All notice required to be given under this Agreement shall be sufficient when delivered to CID at its
office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered
to its office at the address listed on Page One of this Agreement.
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R. Independent Contractor
Except as duly noted in Part III, Section 0(9), the Agency agrees that, in all matters relating to this
Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton
Beach employees and are not subject to the City Provisions of the law applicable to City employees
relative to employment compensation and employee benefits.
S. Public Entity Crimes
As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance
hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately preceding the date hereof. F. S.
287.133(3)(a) requires this notice.
Page 13 of 16
T. Counterparts of This Agreement
This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be
executed in two (2) counterparts, each of which shall be deemed to be an original, and such
counterparts will constitute one and the same instrument.
WITNESS our Hands and Seals on the
day of
, 2008.
ATTEST:
JANET PRAINITO, CMC
CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA
Political Subdivision of the State of Florida
BY:
BY:
CITY CLERK
CITY MANAGER
APPROVED AS TO FORM:
CITY ATTORNEY
AID TO VICTIMS OF DOMESTIC ABUSE, INC.
By:
By:
[CORPORATE SEAL]
Page 14 of 16
AID TO VICTIMS OF DOMESTIC ABUSE, INC.
EXHIBIT A
WORK NARRATIVE
I. The Agency agrees to, within the time line of October 1, 2008 through September 30, 2009 to:
A. Provide programs in schools to students in Pre-K to 1th grade designed to prevent domestic
violence.
B. Identify children living in homes where domestic abuse is present. Children who are identified
as being affected by domestic violence are given the opportunity to participate in a support
group.
C. Goals of the programs include:
1. Provide domestic violence education presentations for 5,000 students.
2. Provide safety planning for 130 students.
3. Provide support groups for 130 students.
D. Report the receipt of any income earned by the Agency to the CID Manager within five (5)
working days before the receipt of the income. Any income earned by the Agency will be
considered program income and will be subject to CID and U.S. HUD regulations and this
Agreement.
II. The City Agrees to:
A. Reimburse the Agency for the following budget items:
Salaries......................................................................................... .$10,080.00
Benefits.................................... ........................................................ 1.920.00
TOTAL......................................................................................... ..$12,000.00
B. Provide technical assistance to ensure compliance with CID, u.s. HUD and applicable Federal,
State and City regulations to this Agreement.
C. Provide overall administration and coordination activities to ensure that planned activities are
completed in a timely manner.
D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled
or unscheduled as determined by eID, be conducted by CID staff or its contractor, and will
ensure compliance with u.S. HUD regulations, that planned activities are conducted in a
timely manner and verify the accuracy of reporting to CID on program activities.
Page 15 of 16
AID TO VICTIMS OF DOMESTIC ABUSE, INC.
EXHIBIT B
LETTERHEAD STATIONERY
To:
Octavia S. Sherrod, Community Improvement Manager
Community Improvement Division
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33425-0310
From:
[Name of Sub-grantee]
[Address]
[Telephone]
INVOICE REIMBURSEMENT
Subject:
Attached, you will find Invoice # I requesting reimbursement in the amount of $ . The
expenditures for this invoice cover the period [date] through [date]. You will also find attached back up,
original documentation relating to the expenditures being involved.
APPROVED FOR PAYMENT - Octavia S. Sherrod
Page 16 of 16
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION
THIS AGREEMENT, entered into this day of I 2008, by and between
the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its
Community Development Block Grant Program and BOYNTON BEACH FAITH BASED COMMUNITY
DEVELOPMENT CORPORATION, a non-profit corporation duly organized and existing by virtue of the
laws of the State of Florida, having its principal office at Post Office Box 337, Boynton Beach, Florida
33425 and its Federal Tax Identification Number as 65-0971509.
Whereas, The City of Boynton Beach has entered into an agreement with the United States
Department of Housing and Urban Development for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant
to Title I of the Housing and Community Development Act of 1974, (as amended);
And
Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of
Boynton Beach and BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION
desire to provide the activities specified in Part II of this contract;
And
Whereas, the City of Boynton Beach desires to engage BOYNTON BEACH FAITH BASED COMMUNITY
DEVELOPMENT CORPORATION to implement such undertakings of the Community Development Block
Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein
contained, it is agreed as follows:
PART I
DEFINITION AND PURPOSE
A. Definitions:
1) "City" means City of Boynton Beach
2) "CDBG" means Community Development Block Grant Program of the City of Boynton
Beach
3) "CID" means Community Improvement Division
Page 1 of 16
4) "The Agency" means BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT
CORPORATION
5) "CID Approval" means the written approval of the Director of Development or
designee after a request or a report has been properly processed in accordance with
the CID Policies Procedures
6) "U.s. HUD" means the Secretary of the U.S. Department of Housing and Development
or a person authorized to act on U.S. HUD behalf
7) "Low and Moderate Income Persons" means the definition set by U.S. HUD
B. Purpose:
The purpose of this Agreement is to state the covenants and conditions under which the Agency will
implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project
funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons.
PART II
SCOPE OF SERVICES
The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks
necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget,
Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto
and made a part hereof.
PART III
COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT
A. Maximum Compensation
The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement
the actual amount of budgeted, eligible, and Director of Development or designee-approved
expenditures and encumbrances made by the Agency under this Agreement. Said service shall be
performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement
to be paid hereunder exceed the maximum and total authorized sum of $80,000.00 for the period of
October I, 2008 through September 30, 2009.
Page 2 of 16
Further budget changes within the designated contract amount can be approved in writing by the
Director of Development or designee at their discretion up to twenty percent on a cumulative basis of
the contract amount during the contract period.
Such requests for changes must be made in writing by the Agency to the Community Improvement
Manager. Budget changes in excess of this twenty percent must be approved by the Commission of
the City of Boynton Beach.
B. Time of Performance
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon
the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-08-
MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release
of funds by U.S. HUD, whichever is later.
The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to
Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this
Agreement. In any event, all services required hereunder shall be completed by the Agency by
September 30, 2009.
C. Method of Payment
The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs
permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to
the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or
reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted
to CID for approval no later than thirty (30) days after the date the indebtedness was incurred.
Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of
invoices and reports approved by the Agency and CID. For purposes of this section, originals of
invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the
case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors
must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of
payment must be received if any additional funds are to be disbursed.
When original documents cannot be presented, the Agency must adequately justify their absence, in
writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach
Page 3 of 16
Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any
invoices be honored that predate the commencement date of this agreement.
D.
Conditions on which Payment is contingent:
1) Implementation of Project According to Required Procedures
The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws,
ordinances and codes and with the procedures outlined in the CID Policies, and amendments and
additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies
and Procedures. No reimbursements will be made without evidence of appropriate insurance required
by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No
payments will be made until the agency's personnel policies are approved by the Director of
Development Services or his designee CID Manager. No payments for multi-funded projects will be
made until a cost allocation plan has been approved by the CID Manager or his designee and placed on
file with CID. Should a project receive additional funding after the commencement of this Agreement,
the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source
and submit an approved cost allocation plan within forty-five (45) days of said official notification.
2) Financial Accountability
The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by
an independent auditing firm employed by the City or by the City Internal Audit Department at any time
the City deems necessary to determine the capability of the Agency to fiscally manage the project in
accordance with Federal, State, and City requirements.
3) Subcontracts
Any work or services subcontracted hereunder shall be specifically by written contract, written
agreement, or purchase order and shall be subject to each provision of this Agreement. Proper
documentation in accordance with City, State, and Federal guidelines and regulations must be submitted
by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the
work or services covered by this Agreement, including but not limited to consultant work or services,
Page 4 of 16
shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his
designee.
4) Purchasing
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach
Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by
reference.
5) Reports, Audits, and Evaluations
Payment will be contingent on the receipt and approval of reports required by this agreement, the
satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit
Department of the City and Federal Government if required. All reports (monthly and/or quarterly) will
be due within the time prescribed by this Agreement and the attachments hereto following the execution
of this Agreement.
6) Additional CID, CITY and u.s. HUD Requirements
CID shall have the right under this Agreement to suspend or terminate payments until the Agency
complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time.
7) Prior Written Approvals - Summary
The following includes, but is not limited to, activities that require the prior written approval of the CID
Manager or his designee to be eligible for reimbursement or payment:
a) All subcontracts and agreements pursuant to this Agreement;
b) All capital equipment expenditures of $1,000 or more;
c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida
Statutes, Chapter 112.061);
d) All change orders; and
e) Requests to utilize uncommitted funds after the expiration of this agreement for programs
described in Exhibit A.
Page 5 of 16
8) Program Generated Income
All income earned by the Agency from activities financed in whole or in part by CDBG funds must be
reported to CID. Such income would include, but not be limited to income from service fees, sale of
commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to
CID the procedure developed to utilize program income to offset project costs. If program income is
used to extend the availability of services provided by the Agency through this Agreement, the prior
written approval of the Director of Development or his designee will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A-
110, and other applicable regulations incorporated herein by reference.
9) Salary Rates and Increases
All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or
cost of living increase, are subject to ClD's prior approval. Pay rates and increases paid out of CDBG
funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior
established guidelines.
PART IV
GENERALCONomONS
A. Opportunities for Residents and Civil Rights Compliance
The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability,
national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under
any activity carried out by the performance of this Agreement. Upon receipt of evidence of such
discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded contracts in
connection with the project.
B. Opportunities for Small, and Minority/Women Owned Business Enterprises
In the procurement of supplies, equipment, construction, or services to implement this Agreement, the
Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as
sources of supplies and services, and provide these enterprises the maximum feasible opportunity to
compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible,
Page 6 of 16
these small and minority/women-owned business enterprises shall be located in or owned by residents
of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by
U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and
Community Development Act of 1968.
C. Project Beneficiaries
At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low-
and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S.
HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this
Agreement must reside in the City of Boynton Beach.
The project funded under this agreement shall assist beneficiaries as defined above for the time period
designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance
to CID upon ClD's request.
D. Evaluation and Monitoring
The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined
necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory
evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports and output
measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make
copies or transcriptions of such records and information in connection with services to be provided
hereunder. The Agency shall submit on a monthly and/or quarterly basis, and at other times upon the
request of CID, information and status reports required by CID, the City, or U.s. HUD on forms approved
by CID. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities)
will be required. This information will include: (1) detailed information on the status of the project(s)
and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and
moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In
the event that this Agreement should provide funds for capital improvements projects, the Agency shall
be responsible for providing all necessary and pertinent information to CID in order to allow for
completion of Grantee Performance Reports. However, this exception shall apply only to capital
improvements activities.
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E. Audits and Inspections
At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller
General of the United States may deem necessary, there shall be made available by the Agency to CID,
the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters
covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General
to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement.
Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or
program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending
federal awards of $300,000 or more under only one federal program may elect to have a program
specific audit performed audit performed, in accordance with OMB A-133.
Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from
an audit conducted in accordance with OMB A-133, although their records must be available for review.
These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance
audits). They may choose instead of a reduced scope audit to have a program audit conducted for each
federal award in accordance with federal laws and regulations governing the programs in which they
participate. Records must be available for review or audit by appropriate officials of the General
Accounting Office and other Federal and city agencies.
The City will require when applicable, in accordance with OMB Circulars A-llO, A-133 and other
applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's
choosing, subject to CID within one hundred and eighty (180) days after the expiration of this
agreement. The cost of said audit should be borne by the Agency. The City will be responsible for
providing technical assistance to the Agency, as deemed necessary by either party.
F. Data Becomes City Property
All reports, plans, surveys, information, documents, maps, and other data procedures developed,
prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the
property of the City without restriction, reservation or limitation of their use and shall be made available
by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated
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under this Agreement, copies of all documents and records relating to this Agreement shall be
surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for
three (3) years after expiration of this Agreement.
G. Indemnification and Insurance
The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation
between itself and the City. The Agency shall indemnify and save the City harmless from any and all
claims, losses, damages and causes of actions which may arise out of the performance of this
Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The
Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs
and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and
judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the
City for funds which the City is obligated to refund the Federal Government arising out of the conduct of
activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless
obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in
no event shall they apply to liability caused by the negligence or willful misconduct of the City, its
respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida
Statutes, be waived.
At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive
General Liability Insurance, including coverage for personal injury, bodily injury, property damage and
contractual liability to support the indemnification agreement contained herein. Such insurance shall be
in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by
a Certificate of Insurance, which must also provide documentation or workers compensation for your
employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non-
renewal, or any adverse change in coverage.
H. Maintenance of Effort
The intent and purpose of this Agreement is to increase the availability of the Agency's services. This
Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The
Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar
to those being assisted under this Agreement which is not less than that level existing prior to this
Agreement.
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1. Conflict of Interest
The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110
pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein.
The agency further covenants that no person who presently exercises any functions or responsibilities in
connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities
provided under this agreement which would conflict in any manner or degree with the performance of
this Agreement and that no person having any conflict of interest shall be employed by or subcontracted
by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be
disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner
so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
J. Citizen Participation
Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures,
including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions
of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees
and Citizen Participation Structures upon the request of CID or the City.
K. Proiect Publicity
All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to
funding source. The Agency will include a reference to the financial support herein provided by City of
Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good
faith effort to recognize City's support for all activities made possible with fund available under this
agreement.
L. Contract Documents
The following documents are herein incorporated by reference and made part hereof, and shall
constitute and be referred to as the contract; and all of said documents taken as a whole constitute the
contract between the parties hereto and are as fully a part of the contract as if they were set forth
verbatim and at length herein:
1) This Agreement including its Exhibits
2) Office of Management and Budget Circulars A-llO, A-122 and A-133
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3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of
1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans
With Disabilities Act of 1990
4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and
Section 109 of the Hosing and Community Development Act of 1974
5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the
Housing and Development Act of 1974
6) Florida Statutes, Chapter 112 and 768.28
7) City of Boynton Beach Purchasing Ordinance
8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended
9) The Agency's Personnel Policies and Job Descriptions
10) The Agency's Incorporation Certificate and Articles of Incorporation
11) The Agency's by-laws
12) The Agency's Certificate of Insurance and Bonding
13) Current list of the Agency's Officers and members of Board of Directors
14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these
documents are filed and will be maintained on file at the office of Community Redevelopment.
One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID.
Items 9 through 14 above shall be transmitted to CID by the Agency.
M. Termination
In the event of termination for any of the following all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the
Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach.
In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained
by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any
payment to the Agency until such time as the exact amount of damages due to the City from the Agency
is determined.
1) Termination for Cause
If through any cause the Agency shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the Agency shall violate any of the covenants,
agreements, or stipulations of this Agreement, the City shall provide the Agency with written
notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30)
calendar days to remedy the failure or violation. In the event that the Agency does not
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remedy the failure or violation, within the thirty (30) day calendar period, the City then has
the right to terminate this Agreement or suspend payment in whole or part by giving written
notice to the Agency of such termination or suspension of payment and specify the effective
date thereof, at least five (5) working days before the effective date of termination or
suspension.
2) Termination for Convenience
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other
party. Upon termination, the City shall pay the Agency for services rendered pursuant to this
Agreement through and including the date of termination.
3) In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.S. HUD specifies.
N. Severability of Provisions
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of applicable
law.
O. Leveraging
The Agency agrees to seek additional supportive or replacement funding from at least two (2) other
funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds.
Proposals to other agencies will be made in writing and a copy of such provided to CID.
P. Amendments
The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State,
County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by
written amendment as part of this Agreement and shall be subject to approval by the City of Boynton
Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the City Commission and signed by both parties.
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Q. Notice
All notice required to be given under this Agreement shall be sufficient when delivered to CID at its
office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered
to its office at the address listed on Page One of this Agreement.
R. Independent Contractor
Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this
Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton
Beach employees and are not subject to the City Provisions of the law applicable to City employees
relative to employment compensation and employee benefits.
S. Public Entity Crimes
As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance
hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately preceding the date hereof. F. S.
287.133(3)(a) requires this notice.
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T. Counterparts of This Agreement
This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be
executed in two (2) counterparts, each of which shall be deemed to be an original, and such
counterparts will constitute one and the same instrument.
WITNESS our Hands and Seals on the
day of
,2008.
ATTEST:
JANET PRAINITO, CMC
CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA
Political Subdivision of the State of Florida
BY:
BY:
CITY CLERK
CITY MANAGER
APPROVED AS TO FORM:
CITY ATTORNEY
BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION
By:
By:
[CORPORATE SEAL]
Page 14 of 16
BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION
EXHIBIT A
WORK NARRATIVE
I. The Agency agrees to:
A. Hold six (6) community promotional events.
B. Assist 40 clients to become homeowners.
C. Provide pre-purchase workshops for 240 clients.
D. Provide counseling & educational workshops for 525 households.
E. Construct seven (7) new homes in the community
F. Acquire, rehabilitate, and sell two (2) homes in the City Of Boynton Beach.
G. Assist six (6) households to become code compliant.
H. Report the receipt of any income earned by the Agency to the CID Manager within five (5)
working days before the receipt of the income. Any income earned by the Agency will be
considered program income and will be subject to CID and U.S. HUD regulations and this
Agreement.
II. The City Agrees to:
A. Reimburse the agency for the following budget items:
Director's Salary............................................................................... $5,000.00
Office Manager's Salary ................................... ....... ......................... ..11,330.00
Homebuyer Counselor's Salary...... ..................................................... 38,050.00
Health Insurance ................ ............ ...... ... ........... ......... .... ........... ......13,620.00
Phone............................................................................................... .5,000.00
Audit................................................................................................ .4,000.00
TOTAL........................................................................................... $80,000.00
B. Provide technical assistance to ensure compliance with CID, u.s. HUD and applicable
Federal, State and City regulations to this Agreement.
C. Provide overall administration and coordination activities to ensure that planned activities
are completed in a timely manner.
D. Monitor the agency at any time during the term of this Agreement. Visits may be
scheduled or unscheduled as determined by CID, be conducted by CID staff or its
contractor, and will ensure compliance with u.S. HUD regulations, that planned activities
are conducted in a timely manner and verify the accuracy of reporting to CID on program
activities.
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BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION
EXHIBIT B
LETTERHEAD STATIONERY
To:
Octavia S. Sherrod, Community Improvement Manager
Community Improvement Division
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33425-0310
From:
[Name of Sub-grantee]
[Address]
[Telephone]
INVOICE REIMBURSEMENT
Subject:
Attached, you will find Invoice # , requesting reimbursement in the amount of $ The
expenditures for this invoice cover the period [date] through [date]. You will also find attached back up,
original documentation relating to the expenditures being involved.
APPROVED FOR PAYMENT - Octavia S. Sherrod
Page 16 of 16
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
COMMUNITY CARING CENTER of BOYNTON BEACH, INC.
THIS AGREEMENT, entered into this day of I 2008, by and between
the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its
Community Development Block Grant Program and COMMUNITY CARING CENTER of BOYNTON
BEACH, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of
Florida, having its principal office at 145 N.E. 4th Avenue, Boynton Beach, Florida 33435 and its Federal
Tax Identification Number as 65-0447796.
Whereas, The City of Boynton Beach has entered into an agreement with the United States
Department of Housing and Urban Development for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant
to Title I of the Housing and Community Development Act of 1974, (as amended);
And
Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of
Boynton Beach and COMMUNITY CARING CENTER of BOYNTON BEACH, INC. desire to provide the
activities specified in Part II of this contract;
And
Whereas, the City of Boynton Beach desires to engage COMMUNITY CARING CENTER of BOYNTON
BEACH, INC. to implement such undertakings of the Community Development Block Grant Program.
Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed
as follows:
PART I
DEFINITION AND PURPOSE
A. Definitions:
1) "City" means City of Boynton Beach
2) "CDBG" means Community Development Block Grant Program of the City of Boynton
Beach
3) "CID" means Community Improvement Division
4) "The Agency" means COMMUNITY CARING CENTER OF BOYNTON BEACH, INC.
Page 1 of 16
5) "CID Approval" means the written approval of the Director of Development or
designee after a request or a report has been properly processed in accordance with
the CID Policies Procedures
6) "U.s. HUD" means the Secretary of the u.s. Department of Housing and Development
or a person authorized to act on u.s. HUD behalf
7) "Low and Moderate Income Persons" means the definition set by U.S. HUD
B. Purpose:
The purpose of this Agreement is to state the covenants and conditions under which the Agency will
implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project
funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons.
PART II
SCOPE OF SERVICES
The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks
necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget,
Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto
and made a part hereof.
PART III
COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT
A. Maximum Compensation
The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement
the actual amount of budgeted, eligible, and Director of Development or designee-approved
expenditures and encumbrances made by the Agency under this Agreement. Said service shall be
performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement
to be paid hereunder exceed the maximum and total authorized sum of $55,000.00 for the period of
October I, 2008 through September 30, 2009.
Further budget changes within the designated contract amount can be approved in writing by the
Director of Development or designee at their discretion up to twenty percent on a cumulative basis of
the contract amount during the contract period.
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Such requests for changes must be made in writing by the Agency to the Community Improvement
Manager. Budget changes in excess of this twenty percent must be approved by the Commission of
the City of Boynton Beach.
B. Time of Performance
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon
the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-08-
MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release
of funds by U.S. HUD, whichever is later.
The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to
Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this
Agreement. In any event, all services required hereunder shall be completed by the Agency by
September 30, 2009.
C. Method of Payment
The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs
permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to
the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or
reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted
to CID for approval no later than thirty (30) days after the date the indebtedness was incurred.
Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of
invoices and reports approved by the Agency and CID. For purposes of this section, originals of
invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the
case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors
must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of
payment must be received if any additional funds are to be disbursed.
When original documents cannot be presented, the Agency must adequately justify their absence, in
writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach
Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any
invoices be honored that predate the commencement date of this agreement.
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D.
Conditions on which Payment is contingent:
1) Implementation of Project According to Required Procedures
The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws,
ordinances and codes and with the procedures outlined in the cm Policies, and amendments and
additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth in the cm Policies
and Procedures. No reimbursements will be made without evidence of appropriate insurance required
by this Agreement on file with cm in accordance with Part IV, Section G of this Agreement. No
payments will be made until the agency's personnel policies are approved by the Director of
Development Services or his designee cm Manager. No payments for multi-funded projects will be
made until a cost allocation plan has been approved by the cm Manager or his designee and placed on
file with CID. Should a project receive additional funding after the commencement of this Agreement,
the Agency shall notify cm in writing within thirty (30) days of their notification by the funding source
and submit an approved cost allocation plan within forty-five (45) days of said official notification.
2) Financial Accountability
The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by
an independent auditing firm employed by the City or by the City Internal Audit Department at any time
the City deems necessary to determine the capability of the Agency to fiscally manage the project in
accordance with Federal, State, and City requirements.
3) Subcontracts
Any work or services subcontracted hereunder shall be specifically by written contract, written
agreement, or purchase order and shall be subject to each provision of this Agreement. Proper
documentation in accordance with City, State, and Federal guidelines and regulations must be submitted
by the Agency to cm and approved by cm prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the
work or services covered by this Agreement, including but not limited to consultant work or services,
shall be subcontracted or reimbursed without the prior written approval of the cm Manager or his
designee.
Page 4 of 16
4) Purchasing
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach
Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by
reference.
5) Reports, Audits, and Evaluations
Payment will be contingent on the receipt and approval of reports required by this agreement, the
satisfactory evaluation of the project by ClO and the City and satisfactory audits by the Internal Audit
Department of the City and Federal Government if required. All reports (monthly and/or quarterly) will
be due within the time prescribed by this Agreement and the attachments hereto following the execution
of this Agreement.
6) Additional ClO, CITY and U.S. HUD Requirements
ClO shall have the right under this Agreement to suspend or terminate payments until the Agency
complies with any additional conditions that may be imposed by ClO, the City or U.S. HUD at any time.
7) Prior Written Approvals - Summary
The following includes, but is not limited to, activities that require the prior written approval of the ClO
Manager or his designee to be eligible for reimbursement or payment:
a) All subcontracts and agreements pursuant to this Agreement;
b) All capital equipment expenditures of $1,000 or more;
c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida
Statutes, Chapter 112.061);
d) All change orders; and
e) Requests to utilize uncommitted funds after the expiration of this agreement for programs
described in Exhibit A.
8) Program Generated Income
All income earned by the Agency from activities financed in whole or in part by CDBG funds must be
reported to ClO. Such income would include, but not be limited to income from service fees, sale of
Page 5 of 16
commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to
ClO the procedure developed to utilize program income to offset project costs. If program income is
used to extend the availability of services provided by the Agency through this Agreement, the prior
written approval of the Director of Development or his designee will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A-
110, and other applicable regulations incorporated herein by reference.
9) Salary Rates and Increases
All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or
cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG
funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior
established guidelines.
PART IV
GENERAL CONDITIONS
A. Opportunities for Residents and Civil Rights Compliance
The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability,
national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under
any activity carried out by the performance of this Agreement. Upon receipt of evidence of such
discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded contracts in
connection with the project.
B. Opportunities for Small. and Minority/Women Owned Business Enterprises
In the procurement of supplies, equipment, construction, or services to implement this Agreement, the
Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as
sources of supplies and services, and provide these enterprises the maximum feasible opportunity to
compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible,
these small and minority/women-owned business enterprises shall be located in or owned by residents
of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by
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U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and
Community Development Act of 1968.
C. Project Beneficiaries
At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low-
and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S.
HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this
Agreement must reside in the City of Boynton Beach.
The project funded under this agreement shall assist beneficiaries as defined above for the time period
designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance
to CID upon CID's request.
D. Evaluation and Monitoring
The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined
necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory
evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports and output
measures. The Agency agrees to furnish upon request to ClO, the City or City's designees and make
copies or transcriptions of such records and information in connection with services to be provided
hereunder. The Agency shall submit on a monthly and/or quarterly basis, and at other times upon the
request of ClO, information and status reports required by ClO, the City, or U.S. HUD on forms approved
by CID. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities)
will be required. This information will include: (1) detailed information on the status of the project(s)
and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and
moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In
the event that this Agreement should provide funds for capital improvements projects, the Agency shall
be responsible for providing all necessary and pertinent information to ClO in order to allow for
completion of Grantee Performance Reports. However, this exception shall apply only to capital
improvements activities.
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E. Audits and Inspections
At any time during normal business hours and as often as ClO, the City, U.s. HUD or the Comptroller
General of the United States may deem necessary, there shall be made available by the Agency to eID,
the City, U.s. HUD or the Comptroller General for examination all its records with respect to all matters
covered by this Agreement. The Agency will permit ClO, the City, U.S. HUD, or the Comptroller General
to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement.
Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or
program specific audit conducted in accordance with OMB A-B3. Nonprofit organizations expending
federal awards of $300,000 or more under only one federal program may elect to have a program
specific audit performed audit performed, in accordance with OMB A-B3.
Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from
an audit conducted in accordance with OMB A-B3, although their records must be available for review.
These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance
audits). They may choose instead of a reduced scope audit to have a program audit conducted for each
federal award in accordance with federal laws and regulations governing the programs in which they
participate. Records must be available for review or audit by appropriate officials of the General
Accounting Office and other Federal and city agencies.
The City will require when applicable, in accordance with OMB Circulars A-110, A-B3 and other
applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's
choosing, subject to ClO within one hundred and eighty (180) days after the expiration of this
agreement. The cost of said audit should be borne by the Agency. The City will be responsible for
providing technical assistance to the Agency, as deemed necessary by either party.
F. Data Becomes City Property
All reports, plans, surveys, information, documents, maps, and other data procedures developed,
prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the
property of the City without restriction, reservation or limitation of their use and shall be made available
by the Agency at any time upon request by the City or ClO. Upon completion of all work contemplated
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under this Agreement, copies of all documents and records relating to this Agreement shall be
surrendered to ClO, if requested. In any event, the Agency shall keep all documents and records for
three (3) years after expiration of this Agreement.
G. Indemnification and Insurance
The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation
between itself and the City. The Agency shall indemnify and save the City harmless from any and all
claims, losses, damages and causes of actions which may arise out of the performance of this
Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The
Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs
and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and
judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the
City for funds which the City is obligated to refund the Federal Government arising out of the conduct of
activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless
obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in
no event shall they apply to liability caused by the negligence or willful misconduct of the City, its
respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida
Statutes, be waived.
At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive
General Liability Insurance, including coverage for personal injury, bodily injury, property damage and
contractual liability to support the indemnification agreement contained herein. Such insurance shall be
in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by
a Certificate of Insurance, which must also provide documentation or workers compensation for your
employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non-
renewal, or any adverse change in coverage.
H. Maintenance of Effort
The intent and purpose of this Agreement is to increase the availability of the Agency's services. This
Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The
Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar
to those being assisted under this Agreement which is not less than that level existing prior to this
Agreement.
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1. Conflict of Interest
The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-11O
pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein.
The agency further covenants that no person who presently exercises any functions or responsibilities in
connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities
provided under this agreement which would conflict in any manner or degree with the performance of
this Agreement and that no person having any conflict of interest shall be employed by or subcontracted
by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be
disclosed in writing to ClO provided, however, that this paragraph shall be interpreted in such a manner
so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
J. Citizen Participation
Agency shall cooperate with ClO in informing the appropriate CDBG Citizen Participation Structures,
including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions
of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees
and Citizen Participation Structures upon the request of ClO or the City.
K. Proiect Publicity
All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to
funding source. The Agency will include a reference to the financial support herein provided by City of
Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good
faith effort to recognize City's support for all activities made possible with fund available under this
agreement.
L. Contract Documents
The following documents are herein incorporated by reference and made part hereof, and shall
constitute and be referred to as the contract; and all of said documents taken as a whole constitute the
contract between the parties hereto and are as fully a part of the contract as if they were set forth
verbatim and at length herein:
1) This Agreement including its Exhibits
2) Office of Management and Budget Circulars A-110, A-122 and A-133
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3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of
1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans
With Disabilities Act of 1990
4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and
Section 109 of the Hosing and Community Development Act of 1974
5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the
Housing and Development Act of 1974
6) Florida Statutes, Chapter 112 and 768.28
7) City of Boynton Beach Purchasing Ordinance
8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended
9) The Agency's Personnel Policies and Job Descriptions
10) The Agency's Incorporation Certificate and Articles of Incorporation
11) The Agency's by-laws
12) The Agency's Certificate of Insurance and Bonding
13) Current list of the Agency's Officers and members of Board of Directors
14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these
documents are filed and will be maintained on file at the office of Community Redevelopment.
One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID.
Items 9 through 14 above shall be transmitted to CID by the Agency.
M. Termination
In the event of termination for any of the following all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the
Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach.
In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained
by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any
payment to the Agency until such time as the exact amount of damages due to the City from the Agency
is determined.
1) Termination for Cause
If through any cause the Agency shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the Agency shall violate any of the covenants,
agreements, or stipulations of this Agreement, the City shall provide the Agency with written
notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30)
calendar days to remedy the failure or violation. In the event that the Agency does not
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remedy the failure or violation, within the thirty (30) day calendar period, the City then has
the right to terminate this Agreement or suspend payment in whole or part by giving written
notice to the Agency of such termination or suspension of payment and specify the effective
date thereof, at least five (5) working days before the effective date of termination or
suspension.
2) Termination for Convenience
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other
party. Upon termination, the City shall pay the Agency for services rendered pursuant to this
Agreement through and including the date of termination.
3) In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.s. HUD specifies.
N. Severability of Provisions
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of applicable
law.
O. Leveraging
The Agency agrees to seek additional supportive or replacement funding from at least two (2) other
funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds.
Proposals to other agencies will be made in writing and a copy of such provided to ClO.
P. Amendments
The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State,
County, or u.s. HUD guidelines, directives and objectives. Such amendments shall be incorporated by
written amendment as part of this Agreement and shall be subject to approval by the City of Boynton
Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the City Commission and signed by both parties.
Page 12 of 16
Q. Notice
All notice required to be given under this Agreement shall be sufficient when delivered to CID at its
office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered
to its office at the address listed on Page One of this Agreement.
R. Indeoendent Contractor
Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this
Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton
Beach employees and are not subject to the City Provisions of the law applicable to City employees
relative to employment compensation and employee benefits.
S. Public Entity Crimes
As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance
hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately preceding the date hereof. F. S.
287.133(3)(a) requires this notice.
Page 13 of 16
T. Counterparts of This Agreement
This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be
executed in two (2) counterparts, each of which shall be deemed to be an original, and such
counterparts will constitute one and the same instrument.
WITNESS our Hands and Seals on the
day of
,2008.
ATTEST:
JANET PRAINITO, CMC
CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA
Political Subdivision of the State of Florida
BY:
BY:
CITY CLERK
CITY MANAGER
APPROVED AS TO FORM:
CIIY ATTORNEY
COMMUNITY CARING CENTER of BOYNTON BEACH, INC.
By:
By:
[CORPORATE SEAL]
Page 14 of 16
COMMUNITY CARING CENTER of BOYNTON BEACH, INC.
EXHIBIT A
WORK NARRATIVE
I. The Agency agrees, within the time line of October 1, 2008 through September 30, 2009, to
provide the following services:
A. Food Pantry at the Community Caring Center office, and SHARE (Self Help and Resource
Exchange) Program at the Ezell Hester Center.
B. Financial Aid for transportation, utility bill payment, rent and/or mortgage assistance, medication &
temporary lodging vouchers.
C. Provide Children's Nutrition Education to preschoolers, as well as conduct 3 Health Fairs to include
child nutritional educational materials.
D. Provide emergency disaster assistance both pre & post activity, if needed.
E. Volunteer caregiving for the frail and elderly, with training sessions for volunteer & primary
caregivers.
F. Referral services for jobs placement & tax information.
G. Homeless outreach program for up to 50 individuals.
H. Assist up to 40 uninsured women with free mammogram testing through PATCH program.
I. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working
days before the receipt of the income. Any income earned by the Agency will be considered
program income and will be subject to CID and U.s. HUD regulations and this Agreement.
II. The City Agrees to:
A. Reimburse the Agency for the following budget items:
Salaries....................................................................................................... $41,000.00
(25% of the Executive Director's Salary; four (4) part time case managers)
Utilities................................................................................................................ 1,000
Insurances........................................................................................................... 8,000
Mortgage............................................................................................................. 2,000
Audit................................................................................................................... 3,000
TOTAL......................................................................................................... $55,000.00
B. Provide technical assistance to ensure compliance with CID, U.s. HUD and applicable Federal,
State and City regulations to this Agreement.
C. Provide overall administration and coordination activities to ensure that planned activities are
completed in a timely manner.
D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or
unscheduled as determined by CID, be conducted by CID staff or its contractor, and will ensure
compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner
and verify the accuracy of reporting to CID on program activities.
Page 15 of 16
COMMUNITY CARING CENTER of BOYNTON BEACH, INC.
EXHIBIT B
LETTERHEAD STATIONERY
To:
Octavia S. Sherrod, Community Improvement Manager
Community Improvement Division
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33425-0310
From:
[Name of Sub-grantee]
[Address]
[Telephone]
INVOICE REIMBURSEMENT
Subject:
Attached, you will find Invoice # , requesting reimbursement in the amount of $_ The
expenditures for this invoice cover the period [date] through [date]. You will also find attached back up,
original documentation relating to the expenditures being involved.
APPROVED FOR PAYMENT - Octavia S. Sherrod
Page 16 of 16
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
COMMUNITY CARING CENTER of BOYNTON BEACH, INC.
dba "Ocean Avenue Green Market"
THIS AGREEMENT, entered into this day of , 2008, by and between
the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its
Community Development Block Grant Program and COMMUNITY CARING CENTER of BOYNTON
BEACH, INC. dba "Ocean Avenue Green Market", a non-profit corporation duly organized and existing
by virtue of the laws of the State of Florida, having its principal office at 145 N.E. 4th Avenue, Boynton
Beach, Florida 33435 and its Federal Tax Identification Number as 65-0447796.
Whereas, The City of Boynton Beach has entered into an agreement with the United States
Department of Housing and Urban Development for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant
to Title I of the Housing and Community Development Act of 1974, (as amended);
And
Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of
Boynton Beach and COMMUNITY CARING CENTER of BOYNTON BEACH, INC., dba "Ocean Avenue
Green Market", desire to provide the activities specified in Part II of this contract;
And
Whereas, the City of Boynton Beach desires to engage COMMUNITY CARING CENTER of BOYNTON
BEACH, INC., dba "Ocean Avenue Green Market", to implement such undertakings of the Community
Development Block Grant Program. Now, therefore, in consideration of the mutual premises and
covenants herein contained, it is agreed as follows:
PART I
DEFINITION AND PURPOSE
A. Definitions:
1) "City" means City of Boynton Beach
2) "CDBG" means Community Development Block Grant Program of the City of Boynton
Beach
3) "CID" means Community Improvement Division
Page 1 of 16
4) "The Agency" means COMMUNITY CARING CENTER OF BOYNTON BEACH, INC dba
"Ocean Avenue Green Market"
5) "CID Approval" means the written approval of the Director of Development or
designee after a request or a report has been properly processed in accordance with
the CID Policies Procedures
6) "U.s. HUD" means the Secretary of the U.s. Department of Housing and Development
or a person authorized to act on U.S. HUD behalf
7) "Low and Moderate Income Persons" means the definition set by U.S. HUD
B. Purpose:
The purpose of this Agreement is to state the covenants and conditions under which the Agency will
implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project
funded under this Agreement must constitute a majority (51 %) of low- and moderate-income persons.
PART II
SCOPE OF SERVICES
The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks
necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget,
Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto
and made a part hereof.
PART III
COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT
A. Maximum Compensation
The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement
the actual amount of budgeted, eligible, and Director of Development or designee-approved
expenditures and encumbrances made by the Agency under this Agreement. Said service shall be
performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement
to be paid hereunder exceed the maximum and total authorized sum of $25,000.00 for the period of
October I, 2008 through September 30, 2009.
Page 2 of 16
Further budget changes within the designated contract amount can be approved in writing by the
Director of Development or designee at their discretion up to twenty percent on a cumulative basis of
the contract amount during the contract period.
Such requests for changes must be made in writing by the Agency to the Community Improvement
Manager. Budget changes in excess of this twenty percent must be approved by the Commission of
the City of Boynton Beach.
B. Time of Performance
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon
the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-08-
MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release
of funds by U.S. HUD, whichever is later.
The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to
Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this
Agreement. In any event, all services required hereunder shall be completed by the Agency by
September 30, 2009.
C. Method of Payment
The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs
permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to
the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or
reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted
to CID for approval no later than thirty (30) days after the date the indebtedness was incurred.
Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of
invoices and reports approved by the Agency and CID. For purposes of this section, originals of
invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the
case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors
must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of
payment must be received if any additional funds are to be disbursed.
When original documents cannot be presented, the Agency must adequately justify their absence, in
writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach
Page 3 of 16
Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will an'y'
invoices be honored that predate the commencement date of this agreement.
D.
Conditions on which Payment is contingent:
1) Implementation of Project According to Required Procedures
The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws,
ordinances and codes and with the procedures outlined in the CID Policies, and amendments and
additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies
and Procedures. No reimbursements will be made without evidence of appropriate insurance required
by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No
payments will be made until the agency's personnel policies are approved by the Director of
Development Services or his designee CID Manager. No payments for multi-funded projects will be
made until a cost allocation plan has been approved by the CID Manager or his designee and placed on
file with CID. Should a project receive additional funding after the commencement of this Agreement,
the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source
and submit an approved cost allocation plan within forty-five (45) days of said official notification.
2) Financial Accountability
The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by
an independent auditing firm employed by the City or by the City Internal Audit Department at any time
the City deems necessary to determine the capability of the Agency to fiscally manage the project in
accordance with Federal, State, and City requirements.
3) Subcontracts
Any work or services subcontracted hereunder shall be specifically by written contract, written
agreement, or purchase order and shall be subject to each provision of this Agreement. Proper
documentation in accordance with City, State, and Federal guidelines and regulations must be submitted
by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the
work or services covered by this Agreement, including but not limited to consultant work or services,
Page 4 of 16
shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his
designee.
4) Purchasing
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach
Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by
reference.
5) Reports, Audits, and Evaluations
Payment will be contingent on the receipt and approval of reports required by this agreement, the
satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit
Department of the City and Federal Government if required. All reports (monthly and/or quarterly) will
be due within the time prescribed by this Agreement and the attachments hereto following the execution
of this Agreement.
6) Additional CID, CITY and U.s. HUD Requirements
CID shall have the right under this Agreement to suspend or terminate payments until the Agency
complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time.
7) Prior Written Approvals - Summary
The following includes, but is not limited to, activities that require the prior written approval of the CID
Manager or his designee to be eligible for reimbursement or payment:
a) All subcontracts and agreements pursuant to this Agreement;
b) All capital equipment expenditures of $1,000 or more;
c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida
Statutes, Chapter 112.061);
d) All change orders; and
e) Requests to utilize uncommitted funds after the expiration of this agreement for programs
described in Exhibit A.
Page 5 of 16
8) Program Generated Income
All income earned by the Agency from activities financed in whole or in part by CDBG funds must be
reported to CID. Such income would include, but not be limited to income from service fees, sale of
commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to
CID the procedure developed to utilize program income to offset project costs. If program income is
used to extend the availability of services provided by the Agency through this Agreement, the prior
written approval of the Director of Development or his designee will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMS Circulars A-
110, and other applicable regulations incorporated herein by reference.
9) Salary Rates and Increases
All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or
cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG
funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior
established guidelines.
PART IV
GENERAL CONDITIONS
A. Opportunities for Residents and Civil Rights Compliance
The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability,
national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under
any activity carried out by the performance of this Agreement. Upon receipt of evidence of such
discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded contracts in
connection with the project.
B. Opportunities for Small, and Minority/Women Owned Business Enterprises
In the procurement of supplies, equipment, construction, or services to implement this Agreement, the
Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as
sources of supplies and services, and provide these enterprises the maximum feasible opportunity to
compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible,
Page 6 of 16
these small and minority/women-owned business enterprises shall be located in or owned by residents
of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by
U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and
Community Development Act of 1968.
C. Project Beneficiaries
At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low-
and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S.
HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this
Agreement must reside in the City of Boynton Beach.
The project funded under this agreement shall assist beneficiaries as defined above for the time period
designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance
to CID upon CID's request.
D. Evaluation and Monitoring
The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined
necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory
evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports and output
measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make
copies or transcriptions of such records and information in connection with services to be provided
hereunder. The Agency shall submit on a monthly and/or quarterly basis, and at other times upon the
request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved
by CID. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities)
will be required. This information will include: (1) detailed information on the status of the project(s)
and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and
moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In
the event that this Agreement should provide funds for capital improvements projects, the Agency shall
be responsible for providing all necessary and pertinent information to CID in order to allow for
completion of Grantee Performance Reports. However, this exception shall apply only to capital
improvements activities.
Page 7 of 16
E. Audits and Inspections
At any time during normal business hours and as often as CID, the City, U.s. HUD or the Comptroller
General of the United States may deem necessary, there shall be made available by the Agency to CID,
the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters
covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General
to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement.
Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or
program specific audit conducted in accordance with OMB A-B3. Nonprofit organizations expending
federal awards of $300,000 or more under only one federal program may elect to have a program
specific audit performed audit performed, in accordance with OMB A-B3.
Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from
an audit conducted in accordance with OMB A-B3, although their records must be available for review.
These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance
audits). They may choose instead of a reduced scope audit to have a program audit conducted for each
federal award in accordance with federal laws and regulations governing the programs in which they
participate. Records must be available for review or audit by appropriate officials of the General
Accounting Office and other Federal and city agencies.
The City will require when applicable, in accordance with OMB Circulars A-llO, A-B3 and other
applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's
choosing, subject to CID within one hundred and eighty (180) days after the expiration of this
agreement. The cost of said audit should be borne by the Agency. The City will be responsible for
providing technical assistance to the Agency, as deemed necessary by either party.
F. Data Becomes City Property
All reports, plans, surveys, information, documents, maps, and other data procedures developed,
prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the
property of the City without restriction, reservation or limitation of their use and shall be made available
by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated
Page 8 of 16
under this Agreement, copies of all documents and records relating to this Agreement shall be
surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for
three (3) years after expiration of this Agreement.
G. Indemnification and Insurance
The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation
between itself and the City. The Agency shall indemnify and save the City harmless from any and all
claims, losses, damages and causes of actions which may arise out of the performance of this
Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The
Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs
and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and
judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the
City for funds which the City is obligated to refund the Federal Government arising out of the conduct of
activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless
obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in
no event shall they apply to liability caused by the negligence or willful misconduct of the City, its
respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida
Statutes, be waived.
At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive
General Liability Insurance, including coverage for personal injury, bodily injury, property damage and
contractual liability to support the indemnification agreement contained herein. Such insurance shall be
in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by
a Certificate of Insurance, which must also provide documentation or workers compensation for your
employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non-
renewal, or any adverse change in coverage.
H. Maintenance of Effort
The intent and purpose of this Agreement is to increase the availability of the Agency's services. This
Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The
Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar
to those being assisted under this Agreement which is not less than that level existing prior to this
Agreement.
Page 9 of 16
1. Conflict of Interest
The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110
pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein.
The agency further covenants that no person who presently exercises any functions or responsibilities in
connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities
provided under this agreement which would conflict in any manner or degree with the performance of
this Agreement and that no person having any conflict of interest shall be employed by or subcontracted
by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be
disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner
so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
J. Citizen Participation
Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures,
including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions
of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees
and Citizen Participation Structures upon the request of CID or the City.
K. Project Publicity
All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to
funding source. The Agency will include a reference to the financial support herein provided by City of
Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good
faith effort to recognize City's support for all activities made possible with fund available under this
agreement.
L. Contract Documents
The following documents are herein incorporated by reference and made part hereof, and shall
constitute and be referred to as the contract; and all of said documents taken as a whole constitute the
contract between the parties hereto and are as fully a part of the contract as if they were set forth
verbatim and at length herein:
1) This Agreement including its Exhibits
2) Office of Management and Budget Circulars A-llO, A-122 and A-B3
Page 10 of 16
3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of
1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans
With Disabilities Act of 1990
4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and
Section 109 of the Hosing and Community Development Act of 1974
5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the
Housing and Development Act of 1974
6) Florida Statutes, Chapter 112 and 768.28
7) City of Boynton Beach Purchasing Ordinance
8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended
9) The Agency's Personnel Policies and Job Descriptions
10) The Agency's Incorporation Certificate and Articles of Incorporation
11) The Agency's by-laws
12) The Agency's Certificate of Insurance and Bonding
13) Current list of the Agency's Officers and members of Board of Directors
14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these
documents are filed and will be maintained on file at the office of Community Redevelopment.
One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by aD.
Items 9 through 14 above shall be transmitted to CIO by the Agency.
M. Termination
In the event of termination for any of the following all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the
Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach.
In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained
by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any
payment to the Agency until such time as the exact amount of damages due to the City from the Agency
is determined.
1) Termination for Cause
If through any cause the Agency shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the Agency shall violate any of the covenants,
agreements, or stipulations of this Agreement, the City shall provide the Agency with written
notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30)
calendar days to remedy the failure or violation. In the event that the Agency does not
Page 11 of 16
remedy the failure or violation, within the thirty (30) day calendar period, the City then has
the right to terminate this Agreement or suspend payment in whole or part by giving written
notice to the Agency of such termination or suspension of payment and specify the effective
date thereof, at least five (5) working days before the effective date of termination or
suspension.
2) Termination for Convenience
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other
party. Upon termination, the City shall pay the Agency for services rendered pursuant to this
Agreement through and including the date of termination.
3) In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date u.s. HUD specifies.
N. Severability of Provisions
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of applicable
law.
O. Leveraging
The Agency agrees to seek additional supportive or replacement funding from at least two (2) other
funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds.
Proposals to other agencies will be made in writing and a copy of such provided to CID.
P. Amendments
The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State,
County, or u.s. HUD guidelines, directives and objectives. Such amendments shall be incorporated by
written amendment as part of this Agreement and shall be subject to approval by the City of Boynton
Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the City Commission and signed by both parties.
Page 12 of 16
Q. Notice
All notice required to be given under this Agreement shall be sufficient when delivered to CID at its
office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered
to its office at the address listed on Page One of this Agreement.
R. Independent Contractor
Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this
Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton
Beach employees and are not subject to the City Provisions of the law applicable to City employees
relative to employment compensation and employee benefits.
S. Public Entity Crimes
As provided in F.5. 287.132-133, by entering into this contractor or performing any work in furtherance
hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately preceding the date hereof. F. S.
287.133(3)(a) requires this notice.
Page 13 of 16
T. Counterparts of This Agreement
This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be
executed in two (2) counterparts, each of which shall be deemed to be an original, and such
counterparts will constitute one and the same instrument.
WITNESS our Hands and Seals on the
day of
,2008.
ATTEST:
JANET PRAINITO, CMC
CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA
Political Subdivision of the State of Florida
BY:
BY:
CITY CLERK
CITY MANAGER
APPROVED AS TO FORM:
CITY ATTORNEY
COMMUNITY CARING CENTER of BOYNTON BEACH, INC.
dba "Ocean Avenue Green Market"
By:
By:
[CORPORATE SEAL]
Page 14 of 16
COMMUNITY CARING CENTER of BOYNTON BEACH, INC.
dba "Ocean Avenue Green Market"
EXHIBIT A
WORK NARRATIVE
I. The Agency agrees, within the time line of October 1, 2008 through September 30, 2009, to
provide the following services:
A. Feature quality products that can be made affordable to clients on fixed incomes and food stamps.
Additional discounts may be given to food stamp recipients.
B. Create an old world bazaar setting that encourages "mom & pop" businesses and cultural diversity.
C. Provide shared management and marketing services while providing technical assistance and
franchise opportunities to entrepreneur businesses.
D. Provide discounts to volunteers to enable a volunteer pool for both the Caring Center and Green
Market.
E. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working
days before the receipt of the income. Any income earned by the Agency will be considered
program income and will be subject to CID and U.S. HUD regulations and this Agreement.
II. The City Agrees to:
A. Reimburse the Agency for the following budget items:
Salaries & Benefits....................................................................................... $13,000.00
Building Rent................................................................................................ .12,000.00
TOTAL......................................................................................................... $25,000.00
B. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable Federal,
State and City regulations to this Agreement.
C. Provide overall administration and coordination activities to ensure that planned activities are
completed in a timely manner.
D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or
unscheduled as determined by CID, be conducted by CID staff or its contractor, and will ensure
compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner
and verify the accuracy of reporting to CID on program activities.
Page 15 of 16
COMMUNITY CARING CENTER of BOYNTON BEACH, INC.
dba "Ocean Avenue Green Market"
EXHIBIT B
LETTERHEAD STATIONERY
To:
Octavia S. Sherrod, Community Improvement Manager
Community Improvement Division
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33425-0310
From:
[Name of Sub-grantee]
[Address]
[Telephone]
INVOICE REIMBURSEMENT
Subject:
Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The
expenditures for this invoice cover the period [date] through [date]. You will also find attached back up,
original documentation relating to the expenditures being involved.
-----------------------------------------------------------
APPROVED FOR PAYMENT - Octavia S. Sherrod
Page 16 of 16
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
PALM BEACH COUNTY RESOURCE CENTER
THIS AGREEMENT, entered into this day of , 2008, by and between
the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its
Community Development Block Grant Program and PALM BEACH COUNTY RESOURCE CENTER, a non-
profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its
principal office at 2001 Broadway, Suite 250, Riviera Beach, Florida 33404 and its Federal Tax
Identification Number as 65-0880746.
Whereas, The City of Boynton Beach has entered into an agreement with the United States
Department of Housing and Urban Development for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant
to Title I of the Housing and Community Development Act of 1974, (as amended);
And
Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of
Boynton Beach and PALM BEACH COUNTY RESOURCE CENTER desire to provide the activities speCified
in Part II of this contract;
And
Whereas, the City of Boynton Beach desires to engage PALM BEACH COUNTY RESOURCE CENTER to
implement such undertakings of the Community Development Block Grant Program. Now, therefore, in
consideration of the mutual premises and covenants herein contained, it is agreed as follows:
PART I
DEFINITION AND PURPOSE
A. Definitions:
1) "City" means City of Boynton Beach
2) "CDBG" means Community Development Block Grant Program of the City of Boynton
Beach
3) "CID" means Community Improvement Division
4) "The Agency" means PALM BEACH COUNTY RESOURCE CENTER
Page 1 of 16
5) "CID Approval" means the written approval of the Director of Development or
designee after a request or a report has been properly processed in accordance with
the CID Policies Procedures
6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development
or a person authorized to act on U.S. HUD behalf
7) "Low and Moderate Income Persons" means the definition set by u.s. HUD
B. Purpose:
The purpose of this Agreement is to state the covenants and conditions under which the Agency will
implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project
funded under this Agreement must constitute a majority (51 %) of low- and moderate-income persons.
PART II
SCOPE OF SERVICES
The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks
necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget,
Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto
and made a part hereof.
PART III
COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT
A. Maximum Compensation
The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement
the actual amount of budgeted, eligible, and Director of Development or designee-approved
expenditures and encumbrances made by the Agency under this Agreement. Said service shall be
performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement
to be paid hereunder exceed the maximum and total authorized sum of $35,000.00 for the period of
October I, 2008 through September 30, 2009.
Further budget changes within the designated contract amount can be approved in writing by the
Director of Development or designee at their discretion up to twenty percent on a cumulative basis of
the contract amount during the contract period.
Page 2 of 16
Such requests for changes must be made in writing by the Agency to the Community Improvement
Manager. Budget changes in excess of this twenty percent must be approved by the Commission of
the City of Boynton Beach.
B. Time of Performance
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon
the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-08-
MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release
of funds by U.S. HUD, whichever is later.
The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to
Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this
Agreement. In any event, all services required hereunder shall be completed by the Agency by
September 30, 2009.
C. Method of Payment
The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs
permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to
the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or
reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted
to CID for approval no later than thirty (30) days after the date the indebtedness was incurred.
Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of
invoices and reports approved by the Agency and CID. For purposes of this section, originals of
invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the
case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors
must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of
payment must be received if any additional funds are to be disbursed.
When original documents cannot be presented, the Agency must adequately justify their absence, in
writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach
Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any
invoices be honored that predate the commencement date of this agreement.
Page 3 of 16
D.
Conditions on which Payment is contingent:
1) Implementation of Project According to Required Procedures
The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws,
ordinances and codes and with the procedures outlined in the CID Policies, and amendments and
additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies
and Procedures. No reimbursements will be made without evidence of appropriate insurance required
by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No
payments will be made until the agency's personnel policies are approved by the Director of
Development Services or his designee CID Manager. No payments for multi-funded projects will be
made until a cost allocation plan has been approved by the CID Manager or his designee and placed on
file with CID. Should a project receive additional funding after the commencement of this Agreement,
the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source
and submit an approved cost allocation plan within forty-five (45) days of said official notification.
2) Financial Accountability
The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by
an independent auditing firm employed by the City or by the City Internal Audit Department at any time
the City deems necessary to determine the capability of the Agency to fiscally manage the project in
accordance with Federal, State, and City requirements.
3) Subcontracts
Any work or services subcontracted hereunder shall be specifically by written contract, written
agreement, or purchase order and shall be subject to each provision of this Agreement. Proper
documentation in accordance with City, State, and Federal guidelines and regulations must be submitted
by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the
work or services covered by this Agreement, including but not limited to consultant work or servicesl
shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his
designee.
Page 4 of 16
4) Purchasing
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach
Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by
reference.
5) Reports, Audits, and Evaluations
Payment will be contingent on the receipt and approval of reports required by this agreement, the
satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit
Department of the City and Federal Government if required. All reports (monthly and/or quarterly) will
be due within the time prescribed by this Agreement and the attachments hereto following the execution
of this Agreement.
6) Additional CID, CITY and U.S. HUD Requirements
CID shall have the right under this Agreement to suspend or terminate payments until the Agency
complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time.
7) Prior Written Approvals - Summary
The following includes, but is not limited to, activities that require the prior written approval of the CID
Manager or his designee to be eligible for reimbursement or payment:
a) All subcontracts and agreements pursuant to this Agreement;
b) All capital equipment expenditures of $1,000 or more;
c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida
Statutes, Chapter 112.061);
d) All change orders; and
e) Requests to utilize uncommitted funds after the expiration of this agreement for programs
described in Exhibit A.
8) Program Generated Income
All income earned by the Agency from activities financed in whole or in part by CDBG funds must be
reported to CID. Such income would include, but not be limited to income from service fees, sale of
commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to
Page 5 of 16
CID the procedure developed to utilize program income to offset project costs. If program income is
used to extend the availability of services provided by the Agency through this Agreement, the prior
written approval of the Director of Development or his designee will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A-
110, and other applicable regulations incorporated herein by reference.
9) Salary Rates and Increases
All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or
cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG
funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior
established guidelines.
PART IV
GENERAL CONDITIONS
A. Opportunities for Residents and Civil Rights Compliance
The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability,
national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under
any activity carried out by the performance of this Agreement. Upon receipt of evidence of such
discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded contracts in
connection with the project.
B. Opportunities for Small, and Minority/Women Owned Business Enterprises
In the procurement of supplies, equipment, construction, or services to implement this Agreement, the
Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as
sources of supplies and services, and provide these enterprises the maximum feasible opportunity to
compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible,
these small and minority/women-owned business enterprises shall be located in or owned by residents
of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by
U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and
Community Development Act of 1968.
Page 6 of 16
C. Proiect Beneficiaries
At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low-
and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S.
HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this
Agreement must reside in the City of Boynton Beach.
The project funded under this agreement shall assist beneficiaries as defined above for the time period
designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance
to CID upon CID's request.
D. Evaluation and Monitoring
The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined
necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory
evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports and output
measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make
copies or transcriptions of such records and information in connection with services to be provided
hereunder. The Agency shall submit on a monthly and/or quarterly basis, and at other times upon the
request of CID, information and status reports required by CID, the City, or U.s. HUD on forms approved
by CID. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities)
will be required. This information will include: (1) detailed information on the status of the project(s)
and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and
moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In
the event that this Agreement should provide funds for capital improvements projects, the Agency shall
be responsible for providing all necessary and pertinent information to CID in order to allow for
completion of Grantee Performance Reports. However, this exception shall apply only to capital
improvements activities.
E. Audits and Inspections
At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller
General of the United States may deem necessary, there shall be made available by the Agency to CID,
the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters
covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General
Page 7 of 16
to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement.
Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or
program specific audit conducted in accordance with OMS A-B3. Nonprofit organizations expending
federal awards of $300,000 or more under only one federal program may elect to have a program
specific audit performed audit performed, in accordance with OMB A-B3.
Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from
an audit conducted in accordance with OMB A-B3, although their records must be available for review.
These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance
audits). They may choose instead of a reduced scope audit to have a program audit conducted for each
federal award in accordance with federal laws and regulations governing the programs in which they
participate. Records must be available for review or audit by appropriate officials of the General
Accounting Office and other Federal and city agencies.
The City will require when applicable, in accordance with OMB Circulars A-llO, A-B3 and other
applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's
choosing, subject to CID within one hundred and eighty (180) days after the expiration of this
agreement. The cost of said audit should be borne by the Agency. The City will be responsible for
providing technical assistance to the Agency, as deemed necessary by either party.
F. Data Becomes City Property
All reports, plans, surveys, information, documents, maps, and other data procedures developed,
prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the
property of the City without restriction, reservation or limitation of their use and shall be made available
by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated
under this Agreement, copies of all documents and records relating to this Agreement shall be
surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for
three (3) years after expiration of this Agreement.
Page 8 of 16
G. Indemnification and Insurance
The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation
between itself and the City. The Agency shall indemnify and save the City harmless from any and all
claims, losses, damages and causes of actions which may arise out of the performance of this
Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The
Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs
and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and
judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the
City for funds which the City is obligated to refund the Federal Government arising out of the conduct of
activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless
obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in
no event shall they apply to liability caused by the negligence or willful misconduct of the City, its
respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida
Statutes, be waived.
At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive
General Liability Insurance, including coverage for personal injury, bodily injury, property damage and
contractual liability to support the indemnification agreement contained herein. Such insurance shall be
in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by
a Certificate of Insurance, which must also provide documentation or workers compensation for your
employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non-
renewal, or any adverse change in coverage.
H. Maintenance of Effort
The intent and purpose of this Agreement is to increase the availability of the Agency's services. This
Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The
Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar
to those being assisted under this Agreement which is not less than that level existing prior to this
Agreement.
1. Conflict of Interest
The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110
pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein.
Page 9 of 16
The agency further covenants that no person who presently exercises any functions or responsibilities in
connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities
provided under this agreement which would conflict in any manner or degree with the performance of
this Agreement and that no person having any conflict of interest shall be employed by or subcontracted
by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be
disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner
so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
J. Citizen Participation
Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures,
including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions
of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees
and Citizen Participation Structures upon the request of CID or the City.
K. Project Publicity
All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to
funding source. The Agency will include a reference to the financial support herein provided by City of
Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good
faith effort to recognize City's support for all activities made possible with fund available under this
agreement.
L. Contract Documents
The following documents are herein incorporated by reference and made part hereof, and shall
constitute and be referred to as the contract; and all of said documents taken as a whole constitute the
contract between the parties hereto and are as fully a part of the contract as if they were set forth
verbatim and at length herein:
1) This Agreement including its Exhibits
2) Office of Management and Budget Circulars A-110, A-122 and A-133
3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of
1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans
With Disabilities Act of 1990
4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and
Section 109 of the Hosing and Community Development Act of 1974
Page 10 of 16
5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the
Housing and Development Act of 1974
6) Florida Statutes, Chapter 112 and 768.28
7) City of Boynton Beach Purchasing Ordinance
8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended
9) The Agency's Personnel Policies and Job Descriptions
10) The Agency's Incorporation Certificate and Articles of Incorporation
11) The Agency's by-laws
12) The Agency's Certificate of Insurance and Bonding
13) Current list of the Agency's Officers and members of Board of Directors
14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these
documents are filed and will be maintained on file at the office of Community Redevelopment.
One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID.
Items 9 through 14 above shall be transmitted to CID by the Agency.
M. Termination
In the event of termination for any of the following all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the
Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach.
In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained
by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any
payment to the Agency until such time as the exact amount of damages due to the City from the Agency
is determined.
1) Termination for Cause
If through any cause the Agency shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the Agency shall violate any of the covenants,
agreements, or stipulations of this Agreement, the City shall provide the Agency with written
notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30)
calendar days to remedy the failure or violation. In the event that the Agency does not
remedy the failure or violation, within the thirty (30) day calendar period, the City then has
the right to terminate this Agreement or suspend payment in whole or part by giving written
notice to the Agency of such termination or suspension of payment and specify the effective
date thereof, at least five (5) working days before the effective date of termination or
suspension.
Page 11 of 16
2) Termination for Convenience
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other
party. Upon termination, the City shall pay the Agency for services rendered pursuant to this
Agreement through and including the date of termination.
3) In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.S. HUD specifies.
N. Severability of Provisions
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of applicable
law.
O. Leveraqing
The Agency agrees to seek additional supportive or replacement funding from at least two (2) other
funding sources. This will allow, to the greatest extent possible, the leveraging of u.s. HUD funds.
Proposals to other agencies will be made in writing and a copy of such provided to CID.
P. Amendments
The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State,
County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by
written amendment as part of this Agreement and shall be subject to approval by the City of Boynton
Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the City Commission and signed by both parties.
Q. Notice
All notice required to be given under this Agreement shall be sufficient when delivered to CID at its
office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered
to its office at the address listed on Page One of this Agreement.
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R. Independent Contractor
Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this
Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton
Beach employees and are not subject to the City Provisions of the law applicable to City employees
relative to employment compensation and employee benefits.
S. Public Entity Crimes
As provided in F.5. 287.132-133, by entering into this contractor or performing any work in furtherance
hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately preceding the date hereof. F. S.
287.133(3)(a) requires this notice.
Page 13 of 16
T. Counterparts of This Agreement
This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be
executed in two (2) counterparts, each of which shall be deemed to be an original, and such
counterparts will constitute one and the same instrument.
WITNESS our Hands and Seals on the
day of
,2008.
ATTEST:
JANET PRAINITO, CMC
CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA
Political Subdivision of the State of Florida
BY:
BY:
CITY CLERK
CITY MANAGER
APPROVED AS TO FORM:
CITY ATTORNEY
PALM BEACH COUNTY RESOURCE CENTER
By:
By:
[CORPORATE SEAL]
Page 14 of 16
PALM BEACH COUNTY RESOURCE CENTER
EXHIBIT A
WORK NARRATIVE
I. The Agency agrees to, within the time line of October 1, 2008 through September 30, 2009:
A. Provide management and technical assistance to small businesses located within the City
Of Boynton Beach.
B. Provide procurement assistance to minority owned businesses located with the City Of
Boynton Beach by providing certification packages, estimating assistance, access to plans
room and opportunity matching.
C. Provide management and marketing assistance to businesses participating in the program
by providing assistance in developing business plans, feasibility studies, strategic analysis,
incorporation services and the coordination of procurement and special event.
D. Provide financial services in the form of loan packaging, surety bond packaging, letter of
credit requests, and data modification packages.
E. Report the receipt of any income earned by the Agency to the CID Manager within five
(5) working days before the receipt of the income. Any income earned by the Agency will
be considered program income and will be subject to CID and U.S. HUD regulations and
this Agreement.
II. The City Agrees to:
A. Reimburse the agency for the following budget items:
Initial Program Setup Costs (Labor & Materials) ..................................$4,000.00
Plans Room Updates & Opportunity Identification..................................2,500.00
Completion of Packages.................................................................... 22,500.00
(Certifications, loans, business plans, incorporations, take-offs, & financial projections)
Special Micro-Enterprise Event............................................................ .6,000.00
(Mailings, coordination, outreach, promotional costs, & professional fees)
TOTAL........................................................................................... $35,000.00
B. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable Federal,
State and City regulations to this Agreement.
C. Provide overall administration and coordination activities to ensure that planned activities are
completed in a timely manner.
D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled
or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will
ensure compliance with U.S. HUD regulations, that planned activities are conducted in a
timely manner and verify the accuracy of reporting to CID on program activities.
Page 15 of 16
PALM BEACH COUNTY RESOURCE CENTER
EXHIBIT B
LETTERHEAD STATIONERY
To:
Octavia S. Sherrod, Community Improvement Manager
Community Improvement Division
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33425-0310
From:
[Name of Sub-grantee]
(Address]
[Telephone]
INVOICE REIMBURSEMENT
Subject:
Attached, you will find Invoice # , requesting reimbursement in the amount of $ The
expenditures for this invoice cover the period [date] through [date]. You will also find attached back up,
original documentation relating to the expenditures being involved.
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APPROVED FOR PAYMENT - Octavia S. Sherrod
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AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC.
THIS AGREEMENT, entered into this day of , 2008, by and between
the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its
Community Development Block Grant Program and R. M. LEE COMMUNITY DEVELOPMENT CENTER,
INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida,
having its principal office at 2018 Boynton Bay Court, Boynton Beach, Florida 33435 and its Federal Tax
Identification Number as 65-0937804.
Whereas, The City of Boynton Beach has entered into an agreement with the United States
Department of Housing and Urban Development for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant
to Title I of the Housing and Community Development Act of 1974, (as amended);
And
Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of
Boynton Beach and R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC. desire to provide the
activities specified in Part II of this contract;
And
Whereas, the City of Boynton Beach desires to engage R. M. LEE COMMUNITY DEVELOPMENT
CENTER, INC. to implement such undertakings of the Community Development Block Grant Program.
Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed
as follows:
PART I
DEFINmON AND PURPOSE
A. Definitions:
1) "City" means City of Boynton Beach
2) "CDBG" means Community Development Block Grant Program of the City of Boynton
Beach
3) "CID" means Community Improvement Division
4) "The Agency" means R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC.
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5) "CID Approval" means the written approval of the Director of Development or
designee after a request or a report has been properly processed in accordance with
the CID Policies Procedures
6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development
or a person authorized to act on U.S. HUD behalf
7) "Low and Moderate Income Persons" means the definition set by u.s. HUD
B. Purpose:
The purpose of this Agreement is to state the covenants and conditions under which the Agency will
implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project
funded under this Agreement must constitute a majority (51 %) of low- and moderate-income persons.
PART II
SCOPE OF SERVICES
The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks
necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget,
Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto
and made a part hereof.
PART III
COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT
A. Maximum Compensation
The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement
the actual amount of budgeted, eligible, and Director of Development or designee-approved
expenditures and encumbrances made by the Agency under this Agreement. Said service shall be
performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement
to be paid hereunder exceed the maximum and total authorized sum of $66,000.00 for the period of
October I, 2008 through September 30, 2009.
Further budget changes within the designated contract amount can be approved in writing by the
Director of Development or designee at their discretion up to twenty percent on a cumulative basis of
the contract amount during the contract period.
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Such requests for changes must be made in writing by the Agency to the Community Improvement
Manager. Budget changes in excess of this twenty percent must be approved by the Commission of
the City of Boynton Beach.
B. lime of Performance
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon
the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-08-
MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release
of funds by U.S. HUD, whichever is later.
The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to
Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this
Agreement. In any event, all services required hereunder shall be completed by the Agency by
September 30, 2009.
C. Method of Payment
The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs
permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to
the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or
reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted
to CID for approval no later than thirty (30) days after the date the indebtedness was incurred.
Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of
invoices and reports approved by the Agency and CID. For purposes of this section, originals of
invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the
case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors
must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of
payment must be received if any additional funds are to be disbursed.
When original documents cannot be presented, the Agency must adequately justify their absence, in
writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach
Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any
invoices be honored that predate the commencement date of this agreement.
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D. Conditions on which Payment is contingent:
1) Implementation of Project According to Required Procedures
The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws,
ordinances and codes and with the procedures outlined in the CID Policies, and amendments and
additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies
and Procedures. No reimbursements will be made without evidence of appropriate insurance required
by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No
payments will be made until the agency's personnel policies are approved by the Director of
Development Services or his designee CID Manager. No payments for multi-funded projects will be
made until a cost allocation plan has been approved by the CID Manager or his designee and placed on
file with CID. Should a project receive additional funding after the commencement of this Agreement,
the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source
and submit an approved cost allocation plan within forty-five (45) days of said official notification,
2) Financial Accountability
The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by
an independent auditing firm employed by the City or by the City Internal Audit Department at any time
the City deems necessary to determine the capability of the Agency to fiscally manage the project in
accordance with Federal, State, and City requirements.
3) Subcontracts
Any work or services subcontracted hereunder shall be specifically by written contract, written
agreement, or purchase order and shall be subject to each provision of this Agreement. Proper
documentation in accordance with City, State, and Federal guidelines and regulations must be submitted
by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the
work or services covered by this Agreement, including but not limited to consultant work or services,
shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his
designee.
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4) Purchasing
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach
Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by
reference.
5) Reports, Audits, and Evaluations
Payment will be contingent on the receipt and approval of reports required by this agreement, the
satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit
Department of the City and Federal Government if required. All reports (monthly and/or quarterly) will
be due within the time prescribed by this Agreement and the attachments hereto following the execution
of this Agreement.
6) Additional CID, CITY and U.S. HUD Requirements
CID shall have the right under this Agreement to suspend or terminate payments until the Agency
complies with any additional conditions that may be imposed by CID, the City or U.s. HUD at any time.
7) Prior Written Approvals - Summary
The following includes, but is not limited to, activities that require the prior written approval of the CID
Manager or his designee to be eligible for reimbursement or payment:
a) All subcontracts and agreements pursuant to this Agreement;
b) All capital equipment expenditures of $1,000 or more;
c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida
Statutes, Chapter 112.061);
d) All change orders; and
e) Requests to utilize uncommitted funds after the expiration of this agreement for programs
described in Exhibit A.
8) Program Generated Income
All income earned by the Agency from activities financed in whole or in part by CDBG funds must be
reported to CID. Such income would include, but not be limited to income from service fees, sale of
commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to
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CID the procedure developed to utilize program income to offset project costs. If program income IS
used to extend the availability of services provided by the Agency through this Agreement, the prior
written approval of the Director of Development or his designee will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A-
110, and other applicable regulations incorporated herein by reference.
9) Salary Rates and Increases
All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or
cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG
funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior
established guidelines.
PART IV
GENERALCONomONS
A. Opportunities for Residents and Civil Rights Compliance
The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability,
national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under
any activity carried out by the performance of this Agreement. Upon receipt of evidence of such
discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded contracts in
connection with the project.
B. Opportunities for Small, and Minority/Women Owned Business Enterprises
In the procurement of supplies, equipment, construction, or services to implement this Agreement, the
Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as
sources of supplies and services, and provide these enterprises the maximum feasible opportunity to
compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible,
these small and minority/women-owned business enterprises shall be located in or owned by residents
of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by
U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and
Community Development Act of 1968.
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C. Project Beneficiaries
At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low-
and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S.
HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this
Agreement must reside in the City of Boynton Beach.
The project funded under this agreement shall assist beneficiaries as defined above for the time period
designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance
to CID upon CID's request.
D. Evaluation and Monitoring
The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined
necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory
evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports and output
measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make
copies or transcriptions of such records and information in connection with services to be provided
hereunder. The Agency shall submit on a monthly and/or quarterly basis, and at other times upon the
request of CID, information and status reports required by CID, the City, or U.s. HUD on forms approved
by CID. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities)
will be required. This information will include: (1) detailed information on the status of the project(s)
and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and
moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In
the event that this Agreement should provide funds for capital improvements projects, the Agency shall
be responsible for providing all necessary and pertinent information to CID in order to allow for
completion of Grantee Performance Reports. However, this exception shall apply only to capital
improvements activities.
E. Audits and Inspections
At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller
General of the United States may deem necessary, there shall be made available by the Agency to CID,
the City, U.s. HUD or the Comptroller General for examination all its records with respect to all matters
covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General
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to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement.
Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or
program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending
federal awards of $300,000 or more under only one federal program may elect to have a program
specific audit performed audit performed, in accordance with OMB A-133.
Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from
an audit conducted in accordance with OMB A-133, although their records must be available for review.
These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance
audits). They may choose instead of a reduced scope audit to have a program audit conducted for each
federal award in accordance with federal laws and regulations governing the programs in which they
participate. Records must be available for review or audit by appropriate officials of the General
Accounting Office and other Federal and city agencies.
The City will require when applicable, in accordance with OMB Circulars A-110, A-133 and other
applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's
choosing, subject to CID within one hundred and eighty (180) days after the expiration of this
agreement. The cost of said audit should be borne by the Agency. The City will be responsible for
providing technical assistance to the Agency, as deemed necessary by either party.
F. Data Becomes City Property
All reports, plans, surveys, information, documents, maps, and other data procedures developed,
prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the
property of the City without restriction, reservation or limitation of their use and shall be made available
by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated
under this Agreement, copies of all documents and records relating to this Agreement shall be
surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for
three (3) years after expiration of this Agreement.
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G. Indemnification and Insurance
The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation
between itself and the City. The Agency shall indemnify and save the City harmless from any and all
claims, losses, damages and causes of actions which may arise out of the performance of this
Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The
Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs
and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and
judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the
City for funds which the City is obligated to refund the Federal Government arising out of the conduct of
activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless
obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in
no event shall they apply to liability caused by the negligence or willful misconduct of the City, its
respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida
Statutes, be waived.
At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive
General Liability Insurance, including coverage for personal injury, bodily injury, property damage and
contractual liability to support the indemnification agreement contained herein. Such insurance shall be
in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by
a Certificate of Insurance, which must also provide documentation or workers compensation for your
employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non-
renewal, or any adverse change in coverage.
H. Maintenance of Effort
The intent and purpose of this Agreement is to increase the availability of the Agency's services. This
Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The
Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar
to those being assisted under this Agreement which is not less than that level existing prior to this
Agreement.
1. Conflict of Interest
The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110
pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein.
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The agency further covenants that no person who presently exercises any functions or responsibilities in
connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities
provided under this agreement which would conflict in any manner or degree with the performance of
this Agreement and that no person having any conflict of interest shall be employed by or subcontracted
by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be
disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner
so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
J. Citizen Participation
Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures,
including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions
of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees
and Citizen Participation Structures upon the request of CID or the City.
K. Proiect Publicity
All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to
funding source. The Agency will include a reference to the financial support herein provided by City of
Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good
faith effort to recognize City's support for all activities made possible with fund available under this
agreement.
L. Contract Documents
The following documents are herein incorporated by reference and made part hereof, and shall
constitute and be referred to as the contract; and all of said documents taken as a whole constitute the
contract between the parties hereto and are as fully a part of the contract as if they were set forth
verbatim and at length herein:
1) This Agreement including its Exhibits
2) Office of Management and Budget Circulars A-110, A-122 and A-133
3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of
1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans
With Disabilities Act of 1990
4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and
Section 109 of the Hosing and Community Development Act of 1974
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5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the
Housing and Development Act of 1974
6) Florida Statutes, Chapter 112 and 768.28
7) City of Boynton Beach Purchasing Ordinance
8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended
9) The Agency's Personnel Policies and Job Descriptions
10) The Agency's Incorporation Certificate and Articles of Incorporation
11) The Agency's by-laws
12) The Agency's Certificate of Insurance and Bonding
13) Current list of the Agency's Officers and members of Board of Directors
14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these
documents are filed and will be maintained on file at the office of Community Redevelopment.
One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID.
Items 9 through 14 above shall be transmitted to CID by the Agency.
M. Termination
In the event of termination for any of the following all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the
Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach.
In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained
by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any
payment to the Agency until such time as the exact amount of damages due to the City from the Agency
is determined.
1) Termination for Cause
If through any cause the Agency shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the Agency shall violate any of the covenants,
agreements, or stipulations of this Agreement, the City shall provide the Agency with written
notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30)
calendar days to remedy the failure or violation. In the event that the Agency does not
remedy the failure or violation, within the thirty (30) day calendar period, the City then has
the right to terminate this Agreement or suspend payment in whole or part by giving written
notice to the Agency of such termination or suspension of payment and specify the effective
date thereof, at least five (5) working days before the effective date of termination or
suspension.
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2) Termination for Convenience
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other
party. Upon termination, the City shall pay the Agency for services rendered pursuant to this
Agreement through and including the date of termination.
3) In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date u.s. HUD specifies.
N. Severability of Provisions
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of applicable
law.
o. Leveraging
The Agency agrees to seek additional supportive or replacement funding from at least two (2) other
funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds.
Proposals to other agencies will be made in writing and a copy of such provided to CID.
P. Amendments
The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State,
County, or u.s. HUD guidelines, directives and objectives. Such amendments shall be incorporated by
written amendment as part of this Agreement and shall be subject to approval by the City of Boynton
Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the City Commission and signed by both parties.
Q. Notice
All notice required to be given under this Agreement shall be sufficient when delivered to CID at its
office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered
to its office at the address listed on Page One of this Agreement.
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R. Independent Contractor
Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this
Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton
Beach employees and are not subject to the City Provisions of the law applicable to City employees
relative to employment compensation and employee benefits.
S. Public Entity Crimes
As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance
hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately preceding the date hereof. F. S.
287.133(3)(a) requires this notice.
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T. Counterparts of This Agreement
This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be
executed in two (2) counterparts, each of which shall be deemed to be an original, and such
counterparts will constitute one and the same instrument.
WITNESS our Hands and Seals on the
day of
,2008.
ATTEST:
JANET PRAINITO, CMC
CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA
Political Subdivision of the State of Florida
BY:
BY:
CITY CLERK
CITY MANAGER
APPROVED AS TO FORM:
CITY ATTORNEY
R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC.
By:
By:
[CORPORATE SEAL]
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R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC.
EXHIBIT A
WORK NARRATIVE
I. The Agency agrees to, with the time line of October 1, 2008 through September 30, 2009:
A. Secure site control for construction and marketing of elderly housing units for rental in the
MLK, Jr. Blvd. and Heart of Boynton development area.
B. Initiate predevelopment work on the Ocean Breeze and MLK, Jr. projects by securing
additional funding through the state and county.
C. Complete the construction and sale of three (3) single family housing units for infill
development.
D. Initiate and establish a youth skills development program, with training & job placement
assistance.
E. Report the receipt of any income earned by the Agency to the CID Manager within five
(5) working days before the receipt of the income. Any income earned by the Agency will
be considered program income and will be subject to CID and U.S. HUD regulations and
this Agreement.
II. The City Agrees to:
A. Reimburse the agency for the following budget items:
Executive Directorjproject Manager Salary........................................ $35,000.00
programj Administrative Assistant Salary ............................................ .15,000.00
Benefits............................................................................................ .4,310.00
Telephone......................................................................................... .1,000.00
Accounting/Auditing Fees................................................................... .6,500.00
Postage & Delivery............................................................................... 500.00
Computer Services............................................................................. .1, 190.00
Office Supplies.................................................................................. .1,000.00
Insurance......................................................................................... .1.500.00
TOTAL........................................................................................... $66,000.00
B. Provide technical assistance to ensure compliance with CID, U.s. HUD and applicable
Federal, State and City regulations to this Agreement.
C. Provide overall administration and coordination activities to ensure that planned activities
are completed in a timely manner.
D. Monitor the agency at any time during the term of this Agreement. Visits may be
scheduled or unscheduled as determined by CID, be conducted by CID staff or its
contractor, and will ensure compliance with U.S. HUD regulations, that planned activities
are conducted in a timely manner and verify the accuracy of reporting to CID on program
activities.
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R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC.
EXHIBIT B
LETTERHEAD STATIONERY
To:
Octavia S. Sherrod, Community Improvement Manager
Community Improvement Division
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33425-0310
From:
[Name of Sub-grantee]
[Address]
[Telephone]
INVOICE REIMBURSEMENT
Subject:
Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The
expenditures for this invoice cover the period [date] through [date]. You will also find attached back up,
original documentation relating to the expenditures being involved.
APPROVED FOR PAYMENT - Octavia S. Sherrod
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VI.-CONSENT AGENDA
ITEM C.2
CITY OF BOYNTON BEACB
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 15. 2008 March 31. 2008 (Noon) 0 June 17,2008 June 2, 2008 (Noon)
0 May 6, 2008 April 14, 2008 (Noon) 0 July L 2008 June 16, 2008 (Noon)
0 May 20, 2008 May 5, 2008 (Noon) 0 July 15, 2008 June 30, 2008 (Noon)
0 June 3, 2008 May 19,2008 (Noon) 0 August 5, 2008 July 14.2008 (Noon)
0 Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing D
RECOMMENDATION: Approve resolution No. 08-_ authorizing the renewal of employee benefits and premiums for
FY 2008/2009:
. CompBenefits Corporation vision care plan with no change in benefits or premium;
. MetLife dental plan with no change in benefits or premium;
. Authorize the transition from four (4) medical plans to one (1) medical plan, a Blue Options Standard Plan 1748,
with Blue Cross/Blue Shield of Florida (BCBS FL). The transition to one (1) medical plan is recommended so that
the City can continue to provide excellent benefits to our employees in a fiscally responsive manner. This change, in
lieu of keeping the four (4) existing plans with a 9.6% increase in premiums, is a savings to the general fund of
approximately $555,000.
EXPLANATION: This is the annual renewal of the employee health insurance programs. The Insurance Committee has
met since March 2008 to discuss options regarding benefits. A pubJically noticed meeting of the Insurance Committee was
held on July 14,2008. The MetLife dental plan and the Vision Care Plan coverage remain the same with no increase in
premium. The Committee explored alternatives for the City's medical plan in a quest to save money and still offer outstanding
benefits to our employees and retirees. The consensus of the Committee was to transition to one (I) medical plan. There was
some dissention among the members; however, the majority of the Committee agreed this was the best alternative to cut costs.
Ifthe current four (4) medical plans remain in place, there will be a 9.6% increase in premium for the City and for the
employees with dependent coverage. There is a slight increase in the deductibles and co-payments for this plan.
.
Exhibit A is the consensus of the Committee regarding insurance coverage for FY2008/2009 and a list of the
Committee members.
Exhibit B is a comparison of the four (4) medical plans currently offered to employees by BCBS FL and the
proposed BCBS FL Blue Options Standard Plan 1748.
Exhibit C is a listing of benefits for the proposed Standard Plan 1748
Exhibit D lists the rates and total premium for all medical coverage, including the City's cost and the employee's
cost for dependent coverage.
Exhibit E lists the City of Boynton Beach (employer) cost per employee for health insurance coverage.
Exhibit F lists the employee dependent cost (payroll deduction - 26 weeks) comparisons for dependent health
insurance rates for dependent coverage.
.
.
.
.
.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT: The City pays the full premium for the employee's medical. vision and dental insurance and S:.OO
monthly for employees who choose family dental coverage. The employee pays the premium for all other dependent
coverage.
FISCAL IMPACT:
· The transition to one (I) medical plan is a cost savings of approximately $825.735. all funds. and approximateh
$555.000 to the general fund.
The City's cost for BCBS FL medical premiums for FY 2008/2009 is estimated at $5.266.634/yr for employee,
($5.702.52 annually per employee). In FY 07/08 the City paid $5,748.60 annually per employee.
· The City's cost for Pooling Charges is $339.657 ($125.000 stop loss point).
The City's cost for Dental Coverage for FY 2008/2009 is S31.3] /month for employees ($375.72 annually per
employee). Additionally the City pays $7.00 per month for employees who have dependent dental coverage nr $g4
annually.
The City's cost for Vision Care Coverage is S4.34/month for employees ($52.08 annually per employee).
The FY08/09 BCBS FL medical premiums do not include a 2~0 fee currently paid to the current Benefit consultants rile
recommendation for a new consultant, paid at flat rate for a cost savings vs. the 20'0 fee, is also being submitted as a 'icparate
agenda item.
There was also a consensus among the Insurance Committee members to offer Medicare Blue. a group plan separate ti'om tile
City's medical plan. to retirees who are Medicare eligible. This will be submitted to the Commission for approval at the
August 19. 2008. Commission meeting.
ALTERNATIVES:
· Further decrease the benefits in the current plan resulting in lower premiums
· Require employees to pay a portion of their individual premium
· Consider a voucher plan and eliminate a City sponsored plan
· Pay the 9.6% increase in medical premiums and keep the existing four (4) medical plans with an overall increase in
premiums for FY 2008/2009 of approximately $555.000 to the general fund and approximately $825.735 tn all
funds.
Human Resource)
J/a.~
CitY Manager's Signature
Assistant to City Manager. ~
Department Name
City Attorney Finance
S:\BULLETlNIFORMSIA(iENDA ITEM REQl JEST FURMD()(.
1
2 RESOLUTION NO. R08-
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, AUTHORIZING THE
7 RENEWAL OF EMPLOYEE BENEFITS AND
8 PREMIUMS FOR FISCAL YEAR 2008-09 WITH BLUE
9 CROSS/BLUE SHIELD OF FLORIDA, METLIFE, AND
10 VISIONCARE INCORPORATED; AND PROVIDING AN
11 EFFECTIVE DATE.
12
13
14 WHEREAS, the City Commission of the City of Boynton Beach, upon
15 recommendation of staff, deems it to be in the best interests of the residents and citizens of the
16 City of Boynton Beach to approve the renewal benefits and premiums for 2008-2009 health
17 insurance coverage with Blue Cross/Blue Shield of Florida medical plan, MetLife dental plan,
18 and the Vision Care Incorporated plan, for all city employees.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
22 as being true and correct and are hereby made a specific part of this Resolution upon adoption
23 hereof.
24
Section 2.
Upon recommendation of staff, the City Commission of the City of
25 Boynton Beach, Florida does hereby approve the renewal benefits and premiums for 2008-
26 2009 Health Insurance coverage with Blue Cross/Blue Shield of Florida medical plan,
27 MetLife dental plan, and the Vision Care Incorporated plan.
28
Section 3.
That this Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\renewal health benefits 2008-09.doc
- I -
PASSED AND ADOPTED this____~ day of August. 2008.
,
3
CITY OF BOYNTON BEACH. fLORIDi'\
.f
5
6
7
8
9
10
] 1
12
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
] 3
14
15 Commissioner - Woodrow L. Hay
16
] 7
18 Commissioner -- Marlene Ross
]9
20 A TrEST:
21
T,
"
~.J
24 Janet M. Prainito, CMC
25 City Clerk
26
n
28 (Corporate Seal)
29
S:\CA\RESO\Agreements\renewal health benefits 2008-09.doc
EXHIBIT A
City of Boynton Beach Insurance Committee Consensus
for FY 2008/2009 Group Insurance Renewal
The consensus of the insurance committee is based upon discussions regarding the City's negotiated renewal
offers from the CompBenefits Corporation for vision insurance, Metlife for dental insurance and the Blue Cross/
Blue Shield of Florida for medical insurance.
Vision Care Plan
The consensus is to renew the current CompBenefits Corporation vision care plan with no change in benefits or
premIUms.
Dental Plan
The consensus is to renew the current Metlife dental plan with no change in benefits or premiums.
Medical Plan
In consideration of the City's current financial situation, the Committee worked diligently to review options and
identify ways to cut costs for both the City and the employees. As a result, the consensus was to transition from
the four (4) existing medical plans to one (I) standard Blue Options Plan 1748 with a slight increase in
deductibles and co-payments.
Exhibit B provides details and a comparison of the current plans and the recommended Blue Option 1748
standard plan. The Committee based its recommendation upon the fact that if this change is not made the
insurance premium will increase 9.6% for both the City's employer paid medical premium and the employee
medical premium for the dependent coverage.
Note
There is not a recommendation for the Life/Accidental Death & Dismemberment (AF&D) and Long Term
Disability Insurance at this time due to the fact that the City is in the process of going out to bid for this coverage.
This will be a separate agenda item.
Insurance Committee Members
loyees
lovees
Note: Scott Harris and Steve Barden, Group Insurance Solutions (Benefit Consultants)
S:IHR\lnsurance Committeellnsurance CommitteelFY20082009 Insurance Committee Consensus.doc
FY 2008/2009 City of Boynton Beach Benefit Comparison
Recommending Standard Plan 1748
Blue Options
1748 NS
Previous Plan
Network Blue
$5M
Recommended
Blue Options
Standard 1748
New Plan
Network Blue
$5M
I Provider Network
Maximum Benefit
Yes
Yes
$5
$5
$250 max
$0
$0
$0
$5/15/30
$1 0130160
Yes
Yes
$10
$20
$250 Max
$0
$0
$50
$10125/40
$20/50/80
(Quest)
Fac. Co-pay
Blue Options
1362
Previous Plan
Network Blue
$5M
Yes
Yes
$20
ded/coins
$250
$0
$0
$100
$10/25/40
$20150/80
Exhibit B
Blue Care HMO
Plan 1
Previous Plan
Blue Care
Unlimited
Blue Choice
Plan 101
Previous Plan
Blue Choice
$5 M
No
Yes
$5
$5
no stated limit
$0
$0
$0
$5115130
$1 0130160
Yes
Yes
ded/coins
ded/coins
not covered
ded/coins
ded/coins
ded/coins
ded/coins
NA
Expenses Subject to Deductiblel Coinsurance: Physician services outside office (surgery, Anesthesia, Radiology, Pathology, ER Ambulance,
DME, HHC, Therapy)
Calendar year deductible
Coinsurance (in-network after deductible)
Physician services at hospital
Physician Services at Ambulatory Surgical Ctr.
Coinsurance (out of-network after deductible)
$0 Inl $500 Out :. $0 Inl $500 Out .' $500 Inl Out $01 NA Out $300 Combined
0% of neQ fee ./ 0% nf :: 20% of nf 0% 10% of nf
$0 dedi 0% coins ." $0 dedI 0% coins i,j $0 dedi $0 coins $0 dedi 0% coins ded/coins
$5 t,t $20 Ji ded/coins $0 ded/coins
40% + bb 40% + bb 50% + bb NA In only 30% + bb
i 'i'
spitall Option 2 x,
$01 $500 ,. $250/$500 :. $600/$1000 $0 ded/coins
$01$200 $100/$200 " $100/$200 $50 ded/coins
$50/$100 $501 $100 'to $100 $50 ded/coins
$0 $50 $100 $50 ded/coins
;,/
s-$15001$3000 5-$15001 $3000 s-$2500/$5000 s- $15001 In only s - $1500/Combine
f -$30001$6000 f -$3000/$6000 f-$50001$10000 f - $30001 In only f - $4500/Combine
Maximum out of Pocket: Inl Out of Network
(on ded/coins/non-rx copays)
r~ote Offlc-ia! schedule of benefits will be prOVided at open enrollment
, IBenefits\COmpaflSOIl ::.; 1748 and 4 (i urrent
G:\Benefits\Comparison S 1748 and 4 Current
Exhibit C
FY 2008/2009 City of Boynton Beach
Proposed Blue Cross Medical Plan
I Provider Network
Maximum Benefit
B . P
f
dO"
aSIC, reven Ive an lagnostlc
Open Access to Primary Care Physician/Specialist
Test/Surgery Approval Required
1M, GP, FP, Pedi OV Co-pay
Specialist OV Co-pay
Adult Physical Exam Annual benefit
Mammogram
Independ Clincial Lab CoPay (Quest)
Independ Diagnostic Testing Fac. Co-pay
Prescription Co-pays
Mail Order Pharmacy 90 day supply/ 2 copavs
Blue Options
Standard Plan 1748
Network Blue
$5M
Yes
Yes
$10
$20
$250 Max
$0
$0
$50
$10/25/40
$20150/80
Expenses Subject to Oeductiblel Coinsurance: Physician services outside office
(surgery, anesthesia, radiology, pathology, ER)
Ambulance, DME, HHC, Therapy
Calendar year deductible
Coinsurance (in-network after deductible)
Physician services at hospital
Physician services Ambulatory Surgical Ctr.
Coinsurance (out of-network after deductible)
Facili Billed Services: Varies b
Hospital inpatient copay/admit
Outpatient SurgeryfTest Copay
Emergency Room Copay
Ambulatory Surgical Center Copay
Maximum out of Pocket: Inl Out of Network
(on ded/coins/non-rx copays)
$0 In/ $500 Out
0% nf
$0 dedI 0% coins
$20
40% + bb
H
. 1/ 0 . 2
1 osplta pllon
$250/$500
$100/$200
$501 $100
$50
5-$15001 $3000
f-$3000/$6000
TYPE COVERAGE
Employee Only (696)
Employee/Spouse ( 82)
Employee/Children (74)
Emp/Spouse/Children (151)
I
I
: BILLED PREMIUM
I
I POOLING CHARGE
TOTAL PREMIUM
I
I
EXHIBIT D
CITY OF BOYNTON BEACH
RATES AND TOTAL PREMIUM
Proposed Plan
FY 2007/2008 FY 2008/2009
1748 NC 1362 Blue Options
PPO / HMO / BluOpt / BluOpt Standard Plan 1748
$ 479.05 $ 47905 $ 47905 $ 479.05 $475.21
$1135 79 $ 980 97 $ 928.68 $ 80740 $921.22
$103563 $ 904 36 $ 860 11 $ 747.78 I $853.17
$1339.73 $1136.96 $1068.31 $ 928.79 $105975
$7,452,464
$ 344.235
$7,796,699
$7,315,026
$ 339,657
$7,654,683
i
I
I
I
I
L___~~-~-
EXHIBIT E
CITY OF BOYNTON BEACH
EMPLOYER COST (EMPLOYER CONTRIBUTIONl
Emplover Contribution
Current Rates
Current Plans
FY 2007/2008
Blended Rate
All Plans
Renewal
FY 2008/2009
Standard BluOpt 1748
Employer Contribution
$479.05
$475.21
EMPLOYER CONTRIBUTION
POOLING CHARGE
TOTAL EMPLOYER COST
$5,122,003
$ 353,031
$5,475,034
$4,926,977
$ 339,657
$5,266,634
Note: Enrollment numbers fluctuate based on employee headcount.
EXHIBIT F
CITY OF BOYNTON BEACH:
EMPLOYEE COST (PAYROLL DEDUCTIONS - 26 Per Yearl
I ENROLLMENT
i
i
i
I Employee Only (696)
I Employee/Spouse ( 82)
I Employee/Children (74)
I Emp/Spouse/Children (151)
Note: Enrollment numbers
fluctuate based on employee
, headcount.
Current four (4) Plans
FY 2007/2008
1362
PPO / HMO 1 BluOpt 1 BluOpt
Proposed
Standard Plan 1748
FY 2008/2009
Standard BlueOpt 1748
$ o $ 0 $ 0 $ 0 $ 0
$303.11 $231.66 $207.52 $151.55 $ 205.85
$256.88 $196.30 $175.87 $124.12 $ 174.44
$397 24 $303 65 $271 97 $20757 $ 269.79
~J\-r :.(2'"
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VI.-CONSENT AGENDA
ITEM C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVI
Requested City Date Final Form Must be
Commission Meetina Dates Turned in to Citv Clerk's Office
Requested City Commission Date Final Form Must be
Meetina Dates Turned in to Citv Clerk's Office
0 April 15, 2008
0 May 6, 2008
0 May 20, 2008
0 June 3, 2008
March 31, 2008 (Noon) 0 June 17, 2008 June 2, 2008 (Noon)
April 14, 2008 (Noon) 0 July 1, 2008 June 16, 2008 (Noon)
May 5, 2008' (Noon) 0 July 15, 2008 June 30, 2008 (Noon)
May 19, 2008 (Noon) IZI August 5, 2008 July 14, 2008 (Noon)
NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
o Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
o City Manager's Report
o New Business
o Legal
o Unfinished Business
o
RECOMMENDATION: Approve a Resolution ratifying the action of the South Central Regional Wastewater
Treatment and Disposal Board at their meeting on July 31, 2008.
EXPLANATION:
On July 31, 2008, the South Central Regional Wastewater Treatment & Disposal Board
held its Regular Quarterly Annual meeting. At that time, the Board unanimously
approved, by a vote of 8-0, the following item that is now before the City Commission
for ratification:
a. Authorize Executive Director's Contract and agreed to increase in salary
retroactive to June 1, 2008.
This City Commission ratification is the confirmation process for the action taken by the S.C.R.W.T.D. Board.
PROGRAM IMPACT: N/ A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
M~8
City Manager's Signature
Assistant to City Manager C/JK./
Department Name
City Attorney / Finance
S:\CC\WP\CCAGENDA\SCRWfD Ratifications\Agenda Item Request July 31, 2008.doc
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 31, 2008
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on JULY 31, 2008 by a vote of 8-0, Authorized Executive Director's
Contract and agreed to increase in salary retroactive to June 1, 2008.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action
independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
_ day of J by a vote.
CITY OF BOYNTON BEACH
By:
Mayor/City Manager
Attest:
City Clerk
Approved as to form:
City Attorney
F:ldocslBdMtgslRatifsl2007 -2008lBoyntonBeachRatif 07-31-2008. doc
AGENDA ITEM F3a
EMPLOYMENT AGREEMENT
AGREEMENT dated the day of , 2008, between SOUTH
CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, hereinafter
called the "BOARD" and Dennis L. Coates, hereinafter called "COATES".
WIT N E SSE T H:
WHEREAS, the BOARD is desirous of employing COATES as the Executive Director for
the BOARD'S operation of the South Central Regional Wastewater Treatment and Disposal
Facility; and
WHEREAS, COATES is desirous of accepting such employment as Executive Director
on the terms and conditions as hereinafter set forth,
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the parties hereby agree as follows:
1. EMPLOYMENT: The BOARD hereby employs COATES as the Executive
Director of the BOARD, and COATES accepts such employment and agrees to
carry out the duties, functions, and obligations of the Executive Director as set
forth in that certain Interlocal Agreement entered into between the City of Delray
Beach and the City of Boynton Beach, Florida, dated December 26, 1974, and all
amendments thereto and, further to carry out such other functions and duties as
the BOARD shall from time to time direct. Although COATES accepts the tenure
of this employment to be at the pleasure of the BOARD, it is the BOARD'S intent
that COATES is being hired as a permanent employee and not a temporary
employee.
2. TERM: The term of employment of COATES by the BOARD shall commence full
time, effective July 31, 2008 and shall continue until terminated by either party.
3. COMPENSATION AND PERFORMANCE REVIEW:
A. The BOARD agrees to pay COATES an annual salary not to exceed One
Hundred Five Thousand Dollars ($105,000) which is payable at the rate
of $50.48 per hour for 40 hours per week for 52 weeks ("annual base
salary"). COATES' compensation shall be paid in weekly installments.
PAGE 1 OF 7
B. The BOARD agrees to provide COATES a compensation and
performance review at the January quarter-annual meeting each year
during the term of this Employment Agreement. The BOARD shall review
and evaluate the performance of COATES and consider appropriate merit
increases to COATES' salary at least once annually.
C. The term "annual base salary" as used in paragraph 3. A. above and in
this Agreement shall include the initial annual base salary specifically
referred to in 3.A. above and, as any merit increases are hereafter
granted by the BOARD shall also include the amount of any such
increases.
4. AUTOMOBILE ALLOWANCE: The BOARD currently leases an automobile which
has been utilized by the Acting Executive Director. The BOARD agrees to
provide COATES with the current or a similar automobile for business use only
provided however, that COATES shall be entitled to utilize the said vehicle for
commuting between home and work. The BOARD agrees to pay all operating
and maintenance expenses of said vehicle including the insurance therefore.
COATES agrees that said vehicle shall not be used for personal or private
purposes.
5. RETIREMENT PLAN: The BOARD agrees to allow COATES to participate in the
BOARD'S retirement program being currently administered by Northern Trust.
The rates of contribution, as a percentage of COATES' annual base salary as set
forth in Paragraph 3.A. above shall be at the rate of six percent (6%) employee
contribution and ten percent (10%) employer contribution.
6. INSURANCE (DISABILITY, MEDICAL, DENTAL, AND LIFE): The BOARD
agrees to provide COATES with such medical, disability, dental, life and other
insurance as are provided the general employees of the BOARD from time to
time.
7, VACATION AND SICK LEAVE:
A. COATES shall accrue vacation time at a rate provided to BOARD
employees pursuant to the prevailing personnel policy as in effect from
time to time during the term of this Agreement. COATES shall give the
Chairman of the BOARD reasonable notice of his intended vacation time.
COATES shall be entitled to the same vacation leave as granted from
time to time the general BOARD employees pursuant to the BOARD'S
personnel policy, including any limitations on maximum accrual.
PAGE 2 OF 7
B. COATES shall be entitled to the same sick leave as granted from time to
time the general BOARD employees pursuant to the BOARD'S personnel
policy, including any limitations on maximum accrual.
8 HOLIDAYS: COATES shall be entitled to the same holidays as are provided to
the other general employees of the BOARD.
9. PROFESSIONAL DEVELOPMENT:
A. The BOARD agrees to budget for and pay the reasonable and necessary
travel and subsistence expenses of COATES for professional and office
travel, meetings, and occasions adequate to continue the professional
development of COATES and to adequately pursue necessary official and
other functions and business of the BOARD. All travel and subsistence
expenses under this Agreement shall be paid or reimbursed in
accordance with Section 112.061 of the Florida Statutes as now existing
and as amended from time to time.
B. The BOARD also agrees to budget and to pay for the reasonable and
necessary travel and subsistence expenses of COATES for short
courses, conferences, institutes, and seminars that are necessary for his
professional development and for the good of the BOARD.
C. Education: In that the BOARD deems the furthering of COATES'
education in the fields relating to his employment are of significant
importance and benefit to the BOARD, the BOARD also agrees to budget
and to pay COATES' books, tuition fees and other costs (including but not
limited to travel and subsistence) for COATES' continuing education
classes that are required to maintain his Florida Department of
Environmental Protection Class "A" Operations License during the term of
this Agreement. COATES agrees that he will fulfill and comply with all
requirements that are necessary to maintain his Class "A" Operations
License during the term of this Agreement.
10. DUES AND SUBSCRIPTIONS: The BOARD agrees to budget and to pay
for the professional dues and subscriptions necessary for his continuation and
full participation in national, regional, state and local associations and
organizations necessary and desirable for his continued professional
participation, growth and advancement, and for the good of BOARD.
PAGE 3 OF 7
11.
TERMINATION:
Termination of this Agreement may occur in the following
manner:
A. The BOARD shall be entitled to terminate this Agreement for any reason
or no reason, without cause, immediately upon delivery of written notice
of such termination to COATES. In the event COATES is terminated by
. the BOARD during such time that COATES is willing and able to perform
his duties under this Agreement, then in that event the BOARD agrees to
pay COATES a lump sum cash payment as follows:
(i) In the event the termination occurs during the first year of such
employment the severance payment shall be equal to eight (8)
weeks of annual base salary as set forth in Paragraph 3.A. above;
(ii) In the event the termination occurs during the second year of such
employment, the severance payment shall equal twelve (12)
weeks of annual base salary as set forth in Paragraph 3.A. above;
(iii) In the event the termination occurs during the third or later year of
such employment the severance payment shall equal sixteen (16)
weeks annual base salary as set forth in Paragraph 3.A. above.
Provided, however, that notwithstanding the foregoing provisions, in the
event COATES is terminated because of his being found guilty by a court
of competent jurisdiction of an illegal act involving personal gain to him, or
of any felony or misdemeanor involving moral turpitude, then in that
event, the BOARD shall have no obligation to pay any aggregate
severance pay designated in this Section. The said severance pay shall
be paid within thirty (30) days following such termination.
B. COATES shall be entitled to terminate this Agreement upon thirty (30)
working days' advance written notice to the BOARD during the first twelve
(12) months of this Agreement or upon sixty (60) days' advance written
notice to the BOARD after twelve months from the date of this
Agreement.
C. In the event of a termination of this Agreement by COATES, the BOARD
shall not be required to pay any severance pay and, further, provided that
in the event of a termination of this Agreement by COATES without
providing the required notice as herein provided, COATES shall forfeit all
PAGE 4 OF 7
accrued sick leave compensation to which he may be entitled pursuant to
the Board's personnel policy as hereinabove referred to.
12. INDEMNIFICATION:
A. The BOARD shall provide a legal defense to COATES and
indemnification, for any litigation brought against him as a result of his
performance of his duties under this Agreement, except to the extent that
such claim is the result of his culpable negligence, malice or criminal act.
The BOARD shall have the right to compromise and settle any such claim
or suit and pay the amount of any such settlement or judgment rendered
thereon, in its sole discretion.
B. The BOARD shall bear the full cost of any fidelity or other bonds which
may in the future be required of COATES by law or ordinance.
13. NOTICES: Notices pursuant to this Agreement shall be given by deposit in
the custody of the United States Postal Service, postage prepaid, addressed as
follows:
BOARD: Chairman
South Central Regional Wastewater
Treatment and Disposal Board
1801 North Congress Avenue
Delray Beach, FL 33445
(with copy to:)
Roger Saberson
70 Southeast 4th Avenue
Delray Beach, FL 33483
COATES:
Dennis L. Coates
2222 Bethel Blvd
Boca Raton, FL 33486
Alternatively, notices required pursuant to this Agreement may be personally
served in the same manner as is applicable to civil judicial practice. Notice shall
be deemed given as of the date of personal service or as of the date of deposit of
such written notice in the course of transmission in the United States Postal
Service.
14. GENERAL PROVISIONS:
PAGE 5 OF 7
A. The text herein shall constitute the entire Agreement between the parties.
B. This Agreement shall be binding upon and inure to the benefit of the heirs
at law and executors of the COATES.
C. If any provision, or any portion thereof, contained in this Employment
Agreement is held unconstitutional, invalid or unenforceable, the
remainder of this Agreement, or portion thereof, shall be deemed
severable, shall not be affected and shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
WITNESSES:
By d...
Dennis Coates
?C~
~<t~' ?? IJoh/lAW
~~~J6~
Attestt1L/~
Chairman
The above Agreement is hereby ratified in open session by the City of Delray Beach this _
day of , 2008, by vote.
Mayor
ATTEST:
City Clerk
Approved as to form:
City Attorney
PAGE 6 OF 7
The above Agreement is hereby ratified in open session by the City of Boynton Beach this _
day of , 2008, by vote.
ATTEST:
City Clerk
Mayor
Approved as to form:
City Attorney
PAGE 7 OF 7
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM D.
AGENDA ITEM REQUEST FOk..-'L
Requested City Commission Date Final Fonn Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
D April 15, 2008 March 31,2008 (Noon) D June 17,2008
D May 6, 2008 April 14, 2008 (Noon) D July I, 2008
D May 20, 2008 May 5, 2008 (Noon) D July 15, 2008
D June 3, 2008 May 19,2008 (Noon) t3J August 5, 2008
Date Final Fonn Must be Turned
in to City Clerk's Office
June 2, 2008 (Noon)
June 16,2008 (Noon)
June 30, 2008 (Noon)
July 14,2008 (Noon)
!!
a- Q-t-
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0 Announcements/Presentations D City Manager's Report
NATURE OF 0 Administrative D New Business
AGENDA ITEM t3J Consent Agenda D Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing D
RECOMMENDATION: Approval of donations to the Juvenile Transition Center in the amount of
$6,500.00 The donations are to come from the police department's Law Enforcement Trust Fund
established pursuant to Florida State Statute 932.7055. This organization has received donations from
this fund in the past and is qualified to receive funding as the Juvenile Transition Center provides a drug
abuse, drug prevention or safe neighborhood educational component in their programs.
EXPLANATION: Florida State Statute 932.7055 provides that when a law enforcement agency seizes
property or currency pursuant to the state forfeiture statutes, the proceeds are deposited into a Law
Enforcement Trust Fund. The funds may be expended for law enforcement purposes upon request of the
chief of police to the governing body of the municipality. Florida State Statute 932.7055(5)(c)(3)
provides that: ... any local law enforcement agency that acquires at least $15,000.00 pursuant to the
Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 15% of such
proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention,
crime prevention, safe neighborhood, or school resource officer program (s). The local law enforcement
agency has the discretion to determine which program(s) will receive the designated proceeds. In
accordance with this statute, organizations receiving funding will provide an accounting for any monies
received
PROGRAM IMP ACT: The Law Enforcement Trust Fund account currently has a balance of $335,081.29.
This donation will count toward the required 15% expenditure.
FISCAL IMPACT: Expenditure to be charged against account number 691-0000-247-04-25. No adverse
affect on departmental operations.
ALTERNATIVES: None.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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Department Name
S \BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
City Manager's Signature
Assistant to City Manager
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City Attorney i Finance
fJ:'he Juvenile rr'ransition Center, Inc.
1901 !N. Seacrest (}j{wl
(}joynton (}3eacn, PL 33435
May 5, 2008
Law Enforcement Forfeiture Fund Request
Dear Chief Matthew Immler:
Once again the time has come for our upcoming graduates to make a life
changing decision as they embark on another journey in their lives, be it is a
career or college. However, because we are an organization that promotes
continued education, the JTC staff is requesting a $6,500 donation to defray the
cost (scholarships, college fees, etc.) of our scholarship & awards banquet.
Additionally, the remaining funds will be allocated to promoting safe
neighborhoods and drug-free communities through the facilitation of interactive
youth summits, just as we've done last year.
Subsequently, motivated youth will begin cultivating safe and drug-free
neighborhoods by refraining from youth violence, juvenile delinquency and
gang-activity. It is our belief that once our students realizes how destructive
their imprudent decisions can be to their own living conditions, they will buy-in
to developing a sense of neighborhood loyalty and ownership, and perhaps
begin to enhance and maintain the quality of life for all community members.
Thank you in advance for your generosity and enthusiastic community
support for youth programs.
~-~
Sheryl Groover-Lockett, Program Manager
(561) 742-6250-0ffice
(561) 306-0260-cellular
email: grooverJockett@hotmail.com
JTC Mission
Tne Juvenile Transition Center.s mission is to mitigate the incidents of youth violence and
juvenile delinquency by provid:ng education enrichment, mentoring and job training skills to
youth ages 12-19 in Palm Beach COllnty
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AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM E.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 15, 2008 March 31,2008 (Noon) D June 17,2008 June 2,2008 (Noon)
D May 6, 2008 April 14, 2008 (Noon) D July I, 2008 June 16,2008 (Noon)
D May 20. 2008 May 5, 2008 (Noon) D July 15,2008 June 30, 2008 (Noon)
D June 3, 2008 May 19, 2008 (Noon) r8] August 5, 2008 July 14,2008 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM r8] Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Motion to approve the transfer of $25,000 in Fiscal Year 2007/2008 to cover shortfall in
the Code Compliance budget for the execution of demolition orders and maintenance of abandoned/foreclosed
properties.
EXPLANATION: Code Compliance is experiencing a dramatic increase in the number of homes requiring lot
mowing and demolition, in part due to the increase in foreclosed properties in the City. To further illustrate this
point, Foreclosure.com lists 1,903 foreclosure and pre-foreclosure properties in Boynton Beach. From a historical
perspective Code Compliance utilized funds for these activities from a revenue account consisting of application
fees from those seeking a reduction of a Code Compliance lien. Those funds "rolled over" annually and were
sufficient to fund these services until this year. Additionally, we've been informed by the Finance Department this
procedure isn't in keeping with their preferred accounting practices therefore necessitating line item funding on the
expense side of our budget.
The current economic downturn has increased activities relative to "lot mowing" and "board ups." Demolitions
typically will range between 0 - 5 structures per year, not withstanding the rather unique situation with a complex
such as Boynton Terrace following several major hurricanes. The current trend has made it necessary for Code
Compliance to include a separate line item in the upcoming 2008/2009 budget to address funding of these
activities. The following information is an estimate/forecast with respect to costs associated with each of the
above abatement activities for the next fiscal year based on current trends and past activities. Please note that
these projections do not account for any extraordinary storm events.
. Lot Mowing:
This occurs when vacant un-maintained property doesn't comply with the notice requirements set forth in
the Code of Ordinances and a contractor is utilized to perform the work. The typical costs associated with
mowing a y.. acre lot with a home on it is $110.00. Administrative costs of $288.09 are added to the
$110.00 ($398.09) to arrive at an invoice total that if unpaid results in a "special assessment lien" against
the property. The $288.09 in administrative costs is derived from a user fee study performed for the City
by D.M.G. a number of years ago. D.M.G. determined that each inspection cost the City $96.03 with a
minimum of three inspections per case. Assuming the economic downturn continues through next fiscal
year, staff estimates expenditures in this category of approximately $10,000.00. That's based on 50 lots
mowed at $110.00 per lot ($5,500.00) plus allowance for larger lots and/or debris removal.
S:\BULLETlNIFORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
It should be noted the City's Code limits the growth of grass/weeds to a maximum of 12" that is standard
in most jurisdictions. It should also be noted staff typically uses discretion when determining when to
initiate a case and in most cases the growth exceeds the 12" threshold at the time a case is opened. The
point being, the 12" maximum height doesn't playa role with respect to the number of abatements
performed by the City and there are times when it's necessary to use the 12" standard in gaining
compliance with our Code.
· Demolitions: A property is identified as a demolition candidate by the Code Compliance Division based
on the Boynton Beach Administrative Amendments to the 2004 F/orida Building Code with respect to
"Unsafe buildings or systems." This occurs when a structure becomes unsafe for habitation due to
structural deficiencies and/or unsafe electrical, plumbing, gas, mechanical or plumbing systems. The
Code allows for due process and rehabilitation of the structure in most cases. Additionally, staff works
diligently to encourage rehabilitation or demolition of the structure(s) by the property owner.
A typical demolition requires anywhere from 10K to 20K. Every measure possible is taken prior to
issuance of a demolition order to entice the property owner to perform the work to bring the property up to
code. Demolitions require an "Owner & Encumbrance" search prior to notification that adds $150.00 to
each demolition and on commercial properties an asbestos survey may be required that may add an
additional $1,000.00 unless there's abatement required, which drives the costs up substantially.
All costs associated with these projects are invoiced and also result in "special assessment liens" if
unpaid.
Staff estimates expenditures in the neighborhood of 10K to 20K next year on demolitions based on current
and past trends.
· Board Ups: (Securing vacant/abandoned structures that are open to the public)
Under the current bid, boarding up all openings of a typical one-family home is around $1,000. This figure
may seem high but bear in mind this service provides work that is done correctly (one time only) to include
painting the wood, time, labor and materials. An order to board up a structure is issued by the Code
Compliance Board and all associated costs are added to the Board fines and result in a lien on the
property. Staff does not anticipate an increase in costs for this service in the next fiscal year.
PROGRAM IMPACT: The above activities are critical to keeping neighborhoods safe and secure. This request
will afford our office the opportunity to continue these necessary programs through the end of this budget cycle.
All costs related to these abatement procedures are invoiced with liens placed on properties for unpaid invoices.
Those liens include all costs of abatement plus al/ related staff costs including title work and legal fess. Our ability
to collect the fees depends on the type of property and transactions related to those properties. For example,
mortgage foreclosures usually erase our liens while most other transactions such as refinancing and property
sales afford us the opportunity to recover our expenses.
Calendar Yr. ! # Mowing # Demolitions # Board Ups
2007 i 5 $1,848.00 1 $8,757.55 0 $0.00
, 2008 I 16 $2,695.00 2 $8,650.00 0 $0.00
-------
NOTE: It's estimated the numbers shown above for mowing and board ups will increase substantially as we move
through the growing season and the foreclosures continue to mount. We've also been very fortunate to avoid the
expense of securing abandoned buildings (board ups) to this point, but we expect that to change. We also have
one demolition in the pipe line in the Stonehaven PUD that if not resolved by Wells Fargo will cost an additional
7k - 10k.
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FISCAL IMPACT: FY 07/08 funds have been identified in the Development/Building division account totaling
$25,000, for budget transfer to Code Compliance from Account 001-2411-524-64.15 to Code Compliance Account
001-2120-521-49-17 (Other contractual services). Unused funds will "roll over" into the next budget cycle and
may help reduce this line item request for budget year 2008/2009,
ALTERNATIVES: Nl\ot approve transfer thus prohibiting the City from a~bating these nuisances.
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City Attorney / Finance
S:\BULLETIN\FORMSIAGENDA 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 Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
D April 15,2008 March 31,2008 (Noon) D June 17,2008
D May 6, 2008 April 14,2008 (Noon) D July 1,2008
D May 20, 2008 May 5, 2008 (Noon) D July 15,2008
D June 3, 2008 May 19,2008 (Noon) rgJ August 5, 2008
Date Final Form Must be Turned
in to City Clerk's Office
June 2, 2008 (Noon)
June 16,2008 (Noon)
June 30, 2008 (Noon)
July 14,2008 (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 Unfmished Business
rgJ Public Hearing D
RECOMMENDATION: Please place this request on the August 5,2008 City Commission Agenda under
Public Hearing. The Planning and Development Board on July 22, 2008, recommended that the request be approved.
Please note that the applicant requests expeditious handing of this item, allowing it to be heard on August 5th in lieu of the
normal schedule that would have placed it on the August 19th Commission agenda. An error in the applicant's public notice
inadvertently delayed review and the applicant is attempting to make up lost time. For further details pertaining to this
request, see attached Department Memorandum No. 08-052.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Gulfstream Gardens (MPMD 08-002)
Bradley Miller, Miller Land Planning Consultants, Inc.
Jeffrey B. Meehan, Gulfstream Gardens, LLC
West side of Federal Highway, approximately'/., mile north of Gulfstream Boulevard
Request for master plan modification to update the proposed unit type from townhouse
units to rental units; to eliminate one (l) access driveway; and to revise building layout,
project circulation, and associated parking areas.
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES:
Development
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S:\Planning\SHARED\WP\PROJECTS\Gulfstream Gardens\Gulfstream Gardens MSPM 08-004\MPMD\Agenda Item Request Gulfstream Gardens MPMD
08-002 8-5-08.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 08-052
STAFF REPORT
FROM:
Chair and Members
Planning and DeveloP~C Board and City Commission
Michael W. Rum~
Director of Planning and Zoning
Kathleen Zeitler K:z
Planner II
TO:
THRU:
DATE:
June 17, 2008
PROJECT NAME/NO:
Gulfstream Gardens MPMD 08-002 / MSPM 08-004
REQUESTS:
Master Plan modification (MPMD 08-002) to update the proposed unit type
from townhouse units to rental units; to eliminate one (1) access driveway;
and to revise building layout, project circulation, and associated parking
areas.
Major Site Plan modification (MSPM 08-004) to revise the type of housing
approved from 308 townhouse units to 308 multi-family rental units; to
eliminate one (1) access driveway; to unify and expand recreational
amenities; and to modify layout and design of buildings and associated
parking areas.
PROJECT DESCRIPTION
Property Owner: Gulfstream Gardens, LLC
Location: West side of Federal Highway, approximately 1/4 mile north of Gulfstream
Boulevard (see Exhibit "A" - Location Map)
Existing Land Use/Zoning: Special High Density Residential (SHDR)/Planned Unit Development PUD)
Proposed Land Use/Zoning: No changes proposed
Proposed Use: 308 Multi-Family Units
Acreage: 15.46 Acres (entire PUD Master Plan)
Adjacent Uses:
North:
To the northeast is the Bayfront residential project zoned IPUD; to the northwest
are various developed parcels still within the unincorporated jurisdiction of Palm
Beach County;
South:
To the south is an existing self-storage facility (Public Storage) zone C-3;
Staff Report
Memorandum No PZ 08-052
Page 2
East: The right-of-way of Federal Highway, then farther east are small commercial
businesses that are located both within the City and Palm Beach County;
West: Immediately abutting the west property line is Old Dixie Highway, farther west is
the FEC Railway and then a preserve area zoned REC.
PROPOSAL
Mr. Bradley D. Miller, AICP, with Miller Land Planning Consultants, Inc., agent for the property owner, is
requesting that the Master Plan and approved Site Plans for Gulfstream Gardens PUD be modified to revise
the type of housing from 308 townhouse units to 308 multi-family rental units; to eliminate one (1) access
point; to revise amenities and design of buildings; and to revise layout of buildings and associated parking
areas. The application explains that the property owner has successfully developed a similar project
(Cypress Pointe) in Coral Springs that is constructed and currently occupied. Accordingly, the applicant
proposes to utilize the same successful building and unit types in the development of Gulfstream Gardens,
and therefore requests to revise the approved master plan and site plans. The number of dwelling units
remains the same as previously approved, and the project is now proposed to be constructed in one (1)
phase.
BACKGROUND
To date, the Gulfstream Gardens project has been approved for the following: (Phase 1) annexation of a
4.8 acre portion of the property consisting of 9.99 acres (ANEX 04-003); a future land use map
amendment (LUAR 04-004) from CH/5 (Palm Beach County), General Commercial and Local Retail
Commercial (City of Boynton Beach) to Special High Density Residential; a rezoning (LUAR 04-004) from
CG Commercial General (Palm Beach County), C-4 General Commercial and C-3 Community Commercial
(City of Boynton Beach) to PUD Planned Unit Development; a new site plan (NWSP 04-016); and (Phase 2)
annexation of a 3.166 acre portion of the property consisting of 5.47 acres (ANEX 05-004);); a future land
use map amendment (LUAR 05-012) from CH/5 Commercial High Intensity with an underlying 5 du/ac
residential potential (Palm Beach County), Local Retail Commercial (LRC) and General Commercial (GC) to
Special High Density Residential (SHDR) and rezoning (LUAR 05-012) from CG General Commercial (Palm
Beach County) and C-3 Community Commercial to PUD Planned Unit Development; and a new site plan
(NWSP 05-028).
ANALYSIS
The purpose and intent of a Planned Unit Development (PUD) district is to promote efficient and
economical land use, improved amenities, appropriate and harmonious variety in physical development,
creative design, improved living environment, orderly and economical development in the city, and
protection of adjacent development. The requested Master Plan / Site Plan modifications are minimal and
will continue to comply with all PUD requirements including unified control, consistency of development
characteristics, and compatibility with adjacent development. This request was reviewed for consistency
with the PUD development standards in the Land Development Regulations, Chapter 2.5, Planned Unit
Developments. Also, staff reviewed the subject request and found it to be consistent with other PUD's
throughout the City. The applicant has received a new school concurrency determination for 308 multi-
family units. In addition, the applicant has received a revised traffic concurrency approval from Palm
Beach County, with the condition that an exclusive northbound left-turn lane along Federal Highway be
added at the proposed main access driveway.
Staff Report
Memorandum No PZ 08-052
Page 3
Exhibit "B" depicts the previously approved site plans for Phases I and II containing a total of 308
townhouse units, and three (3) amenity areas. The 308 units were proposed within 28 separate three (3)-
story buildings, with each building containing eleven (11) dwelling units and 26,250 square feet per
building. Phase I proposed 198 townhouse units in 18 three (3)-story buildings on 9.99 acres. The unit
sizes proposed in Phase I ranged between 1,601 square feet (1,265 square feet under air) to 3,093 square
feet (2,515 square feet under air). Phase I proposed a total of 472,500 square feet of building area.
Phase II proposed 110 townhouse units in ten (10) three (3)-story buildings on 5.47 acres. The unit sizes
proposed in Phase II ranged between 1,601 square feet (1,265 square feet under air) to 3,191 square feet
(2,600 square feet under air). Phase II proposed a total of 262,500 square feet of building area.
Exhibit "e" depicts the proposed plan for 308 multi-family rental apartment units and amenity area to be
constructed in one (1) phase. The 308 units are proposed within 32 separate three (3)-story buildings
consisting of three (3) different building types. Each Type I building would contain a total of 12 "A" units
with one (1) bedroom, one (1) bath, and no garage. The Type I building is arranged similar to a
quadraplex, with four (4) units on each of the three (3) floors. Each "A" unit would be 888 square feet
under air, and a total of 975 square feet. There are a total of five (5) Type 1 buildings proposed with a
total building area of 13,368 square feet per building.
Each Type II building would contain a total of eight (8) units consisting of six (6) units that are two (2)-
bedroom, and two (2) units that are three (3) bedroom, and each unit would have a one (l)-car garage.
There are a total of 19 Type II buildings proposed with a total building area of 14,588 square feet per
building. Each Type III building would contain a total of 12 units consisting of eight (8) units that are two
(2)-bedroom, and four (4) units that are three (3) bedroom, and each unit would have a one (l)-car
garage. There are a total of eight (8) Type III buildings proposed with a total building area of 22,086
square feet per building. Each Type II and Type III building would contain a mix of units identified as "B",
"C", and "D", ranging between 1,685 square feet (1,404 square feet under air) and 2,064 square feet
(1,685 square feet under air).
The previously approved site plans for Phases I and II indicate that the 308 proposed units included the
following mix: 56 one-bedroom units, 168 two-bedroom units, and 84 three-bedroom units. In
comparison, the proposed site plan indicates the 308 proposed units would include the following mix: 60
one-bedroom units, 178 two-bedroom units, and 70 three-bedroom units.
The previously approved site plans for Phases I and II indicate 28 three (3)-story buildings with a total of
735,000 square feet of building area. In comparison, the proposed site plan indicates 32 three (3)-story
buildings with a total of 520,700 square feet of building area.
Amenities proposed for Phase I included a two (2)-story clubhouse (6,046 square feet) with swimming
pool (approximately 1,500 square feet) and gazebo (312 square feet), in addition to a separate amenity
area with a swimming pool (approximately 1,300 square feet) and cabana (178 square feet). Amenities
proposed for Phase II included a swimming pool (approximately 1,400 square feet) and a cabana (178
square feet). The amenities indicated on the proposed site plan include a one (l)-story recreation building
(4,414 square feet) with swimming pool (approximately 2,250 square feet) and gazebo (374 square feet),
in addition to a separate tot lot (approximately 1,200 square feet). Also usable open space areas with
benches and bike racks are proposed with continuous pedestrian paths throughout the development.
The previously approved site plans indicate that a total of 626 parking spaces were required, and a total of
693 parking spaces (67 extra spaces) were provided. In comparison, the proposed site plan indicates a
total of 591 parking spaces are required, and a total of 660 parking spaces (69 extra spaces) are provided.
Each of the two (2)-bedroom and three (3)-bedroom units would have a one (l)-car garage plus a parking
Staff Report
Memorandum No PZ 08-052
Page 4
space in the driveway, rather than a mix of one (1) and two (2)-car garages plus covered parking as
previously approved.
The minimum building setbacks of ten (10) feet remain as previously approved, and mirror the required
setbacks of adjacent development to the north and south. In addition, the perimeter landscape buffer
locations, widths, screening, and materials are similar to the previously approved site plans. The
previously approved site plans depicted off-site perimeter landscape buffers to the south and west. The
applicant has submitted a recorded "Landscape Agreement and Easement" with the property owner to the
south to locate the south perimeter buffer on the adjacent property (Public Storage). In addition, the
applicant has submitted an executed "Release Agreement" releasing the City from any and all liability and
damages from landscaping and irrigation proposed within the Old Dixie Highway right-of-way.
The previously approved site plans indicated an "Old French Country" style design accented with white
aluminum single hung windows, decorative brackets, stucco score lines, metal decorative shutters,
horizontal sliding doors, decorative louvers, and aluminum picket railing. In comparison, the proposed
changes include converting it to a more contemporary design with similar decorative features, S-tile roof,
and a neutral color palette. The design, as proposed, would provide for a sense of separation between
units and lessen the perceived density typical of multi-family developments.
RECOMMENDATION
It is staff's opinion that this request for master plan modification is non-substantial and consists of
relatively minor revisions to the previously approved plans. Per master plan amendment procedures, staff
has determined that the requested master plan modification is consistent with all current regulations as
well as the purpose and intent of the comprehensive plan. In addition, the major site plan modifications
are consistent with the previously approved development plans or otherwise comply with the Land
Development Regulations. Therefore, staff recommends approval of this Master Plan / Major Site Plan
modification, subject to the conditions listed in Exhibit "D" - Conditions of Approval. Additional comments
recommended by the Board or Commission would also be included in the Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Gulfstream Gardens\MPMD 08-004\Staff Report.doc
Exhibit "A" - Site Location Map
Gulfstream Gardens PUD
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EXHIBIT "D"
CONDITIONS OF APPROVAL
Master Plan / Maior Site Plan Modification
Project name: Gulfstream Gardens PUD
File number: MPMD 08-002 / MSPM 08-004
Reference: 2nd review plans identified as a Major Site Plan Modification with a May 27, 2008 Planning and
Zoning Department date stamp marking.
.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - Solid Waste
Comments: NONE (All previous comments have been addressed). X
PUBLIC WORKS - Forestrv
- -----~-
Comments: NONE (All previous comments have been addressed). X
PUBLIC WORKS-Traffic --_._~
Comments:
1. Provide Fire Lanes in accordance with the LDR, Chapter 23, Article II, X
Section B.2 and Section M. I
ENGINEERING -~
-
Comments:
2. Show on the engineering plan what erosion control measures will be used on X
the project during construction (LDR, Chapter 6, Article III, Section 4 and
Article V, Section 4.B.2.i(7); Chapter 8, Article III, Section A.I.a(9) and
(10), and Article V.) Specify on the plans that erosion and sedimentation
control will be addressed using Best Management Practices (BMPs.)
i
3. At the time of permitting, all projects one-acre or larger shall submit a Notice X
of Intent (NO!) 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.
4. Upon satisfactory Commission approval of the site plan, the applicant may be X
required to replat the subject property to reflect changes to proposed utility
and ingress/egress easements. A preliminary record plat application, through
the City's Engineering Division of Public Works, may be initiated during the
site plan review to expedite issuance of a Land Development Permit.
5. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate X
general grate, rim and invert elevations for all structures. Indicate grade of
storm sewer segments. Indicate material specifications for storm sewer.
Gu1fstream Gardens
Conditions of Approval
MPMD 08-002 ! MSPM 08-004
Page 2
DEPARTMENTS INCLUDE REJECT
6. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 and Section 1O.Z will be required at
the time of permitting.
UTILITIES
Comments:
7. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
8. 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)).
9. 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.
10. 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).
11. 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.
12. 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.
FIRE
Comments:
13. Roads and gate access during and after construction shall be 20 feet wide if X
two way and 12 feet wide if one-way.
Gulfstream Gardens
Conditions of Approval
MPMD 08-002 / MSPM 08-004
Page 3
, ,
INCLUDE REJECT I
DEPARTMENTS I
14. Provide hydraulic calculations for this site that include water for both the X I
,
fire sprinkler system and the fire hydrants. At least one new hydrant will be ,i
!i
required for this project. No portion of the building shall be further away Ii
than 200 feet from a hydrant. II
15. Show the location of the fire hydrants for this project. X -----~I
I I
I
16. Any construction gates shall be fitted with either a Knox Lock or a Knox X ------1
,
Box with an entrance key, for emergency access. ,
I
I
---,
17. All roads shall be compacted to 32 tons and maintained so that emergency X !
vehicles can access all areas of the site under construction at all times. The
responsibility for any emergency vehicles that become stuck because of poor
roads will fall to the owner of the property of the general contractor to have
it towed by an authorized towing agency.
18. A CAD disc that contains the final, approved plans for this project will be X
required for Fire Department.
--
19. Attached garages will require Carbon Monoxide Detection inside each X
living unit and shall be tied into the smoke detectors.
---
20. NFP A 13D fire sprinkler system required. X I
21. The required Fire Sprinkler System shall be monitored by a UL or FM X
Listed Central Station.
I
POLICE i ._----
I
I
Comments: I -- --
22. Prior to issuance of the first building permit, the applicant shall prepare a X I
construction site security and management plan for approval by the City's i
Police Department CPTED Official. ,
i
a. 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 I
secure working environment. I
b. The security management plan shall be maintained throughout the
I construction phase of the project.
23. All lighting shall be metal halide following IESNA Lighting standards. X
))
Gulfstream Gardens
Conditions of Approval
MPMD 08-002 / MSPM 08-004
Page 4
DEPARTMENTS INCLUDE REJECT
24. Timer clock or photocell lighting for nighttime use shall be above or near X
entryways.
25. Pedestrian scale lighting shall be used for all street and pedestrian walkways. X
It is suggested that interactive or lighting on demand be used in sensitive
areas.
26. Numerical address: X
a. Shall be illuminated for nighttime visibility (dusk to dawn).
b. Shall not be obstructed.
c. Shall have bi-directional visibility from the roadway.
d. Building numbers shall be placed on the front and rear of the buildings.
27. Lighting shall be provided for entrance signage. X
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.
29. 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.
30. Buildings three-stories or higher shall be equipped with an automatic X
sprinkler system per F.S. 553.895. Fire protection plans and hydraulic
calculations shall be included with the building plans at the time of permit
application.
31. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
32. At the time of permit review, submit details of reinforcement of walls for the X
future installation of grab bars as required by the FFHA, Title 24 CFR, Part
100.205, Section 3, Requirement #6. All bathrooms within the covered
dwelling unit shall comply.
Gulfstream Gardens
Conditions of Approval
MPMD 08-002 / MSPM 08-004
Page 5
DEPARTMENTS
33. If capital facility fees (water and sewer) are paid in advance to the City of
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application: The full name of the
project as it appears on the Development Order and the Commission-
approved site plan.
a. If the project is a multi-family project, the building numbers must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
b. The number of dwelling units in each building.
c. The number of bedrooms in each dwelling unit.
d. The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
34. At time of building permit application, submit verification that the City of
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
a. A legal description of the land.
b. The full name ofthe project as it appears on the Development Order and
the Commission-approved site plan.
c. If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
d. The number of dwelling units in each building.
e. The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(t))
35. Pursuant to approval by the City Commission and all other outside agencies.
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must incorporate
all the conditions of approval as listed in the development order and approved
by the City Commission.
INCLUDE REJECT
X
36. 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 addressing
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)
37. Indicate on the site plan (Sheet CE-2) the distance that building #4 is located
from the rear property line.
-.-- ----
X
-- - ------
x
X
--1'-- .-
Gulfstream Gardens
Conditions of Approval
MPMD 08-002 / MSPM 08-004
Page 6
DEPARTMENTS INCLUDE REJECT
38. Structures not located in a flood zone shall be constructed so that the finished X
floor elevation is a minimum of 12 inches above the crown of the road.
39. Sheet A 3.03: clearly show on the plan that the reach height for the mail X
kiosks complies with the requirement of the Fair Housing Act.
40. The playground, pavilion, tot lot, and swimming pool shall comply with the X
Fair Housing Act.
41. An accessible route shall be provided throughout the site and connect the X
buildings on the site.
PARKS AND RECREATION
Comments:
42. Park Impact Fees: 308 multi-family rental units x $924.00/unit = $284,592 to X
be paid prior to re-plat approval if a re-plat is required, otherwise the fees will
be paid at the time of permitting.
FORESTER/ENVIRONMENT ALIST
Comments: NONE X
PLANNING AND ZONING
Comments: NONE (All previous comments have been addressed). X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
MR!kz
S :\Planning\SHARED\ WP\PROJECTS\Gulfstream Gardens\MSPM 08-004 \COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Gulfstream Gardens PUD
AGENT:
Mr. Bradley Miller, AICP with Miller Land Planning Consultants, Inc.
AGENTS ADDRESS:
420 West Boynton Beach Boulevard, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
August 5,2008
TYPE OF RELIEF SOUGHT: Request master plan modification to construct 308 multi-family rental
units on 15.46 acres in the PUD zoning district.
LOCATION OF PROPERTY: West side of Federal Highway, approximately % mile north of
Gulfstream Boulevard
DRAWINGS: SEE EXHIBITS "C" and "C-1" 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 Planmng\SHARED\WP\PRO]HVI S\Gulfstream Gardens\Gulfsneam Gardens MSPM I)S-()04J)O J()t
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
July 22, 2008
7. Unfinished Business
A. Gulfstream Gardens
Master Plan Modification
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
2.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Gulfstream Gardens (MPMD 08-002)
Bradley Miller, Miller Land Planning
Consultants, Inc.
Jeffrey B. Meehan, Gulfstream Gardens, LLC
West side of Federal Highway, approximately
% mile north of Gulfstream Boulevard
Request for Master Plan Modification to update
the proposed unit type from townhouse units to
rental units; to eliminate one (1) access
driveway; and to revise building layout, project
circulation, and associated parking areas.
Gulfstream Gardens (MSPM 08-004)
Bradley Miller, Miller Land Planning
Consultants, Inc.
Jeffrey 8. Meehan, Gulfstream Gardens, LLC
West side of Federal Highway, approximately
% mile north of Gulfstream Boulevard
Request for Major Site Plan Modification to
revise the type of housing approved from 308
townhouse units to 308 multi-family rental
units; to eliminate one (1) access driveway; to
unify and expand recreational amenities; and
to modify layout and design of buildings and
associated parking areas.
Kathleen Zeitler, Planner, presented the request and explained although they would
present the Master and Major Site Plan Modifications together, they should be voted on
separately.
The previously approved site plan for Phases I and II contained 308 townhouse units in
28 identical buildings, each three stories with 11 units per building. The buildings were
a mix of one, two and three bedrooms ranging between 1,265 and 2,600 square feet
under air. The proposed site plan included 308 multi family rental apartments in 32
buildings, each three stories, with three different building types. The mix of one, two
and three bedroom units ranged between 888 to 1,685 square feet under air. Each two
and three bedroom unit would have a one car garage plus a parking space in the
driveway.
There would be a one story recreation building with over 4,400 square feet, a tot lot and
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
July 22, 2008
usable open space areas with benches, bike rack and continuous pedestrian paths. The
landscape materials were similar to the previously approved materials with offsite
buffers to the south and west.
The applicant submitted a recorded landscape agreement and a release agreement
with the property owner to the South (Public Storage) and an agreement, releasing the
City from liability for landscaping within the Old Dixie Highway right-of-way.
Staff reviewed the plans and recommended approval subject to the 42 conditions of
approval contained in the staff report.
Bradley Miller, Land Planning Consultants, agreed with the conditions of approval and
gave a brief PowerPoint presentation showing the project. His clients wanted to move
the project forward based on a project they did in Coral Springs. The access points
were off Federal Highway and then a second access on Old Dixie Highway. The
Federal Highway access would include a northbound left turn and a landscaped
median. The project focused around a central recreational area. There were three
types of buildings. Type one was a three story structure with one bedroom units and no
garages. The type two buildings were a mix of two and three story buildings with
garages and type three had a fac;ade that had a mix of two and three stories and the
garage units. Fourteen units were changed from three bedroom to one bedroom.
Chair Jaskiewicz opened the floor for public comments.
Attorney Alexander administered the oath to Sarah Renshaw.
Sarah Renshaw, 48 Heather Cove Drive, owned a condo in Seagate and inquired if
that would be torn down. Mr. Miller responded the site was already cleared.
There were no other comments and Chair Jaskiewicz closed the public comments.
The board members inquired about the style of the project, which was previously Old
French Country with stone at the building base. It was thought it previously looked
fancier because it was a for sale product; however, the concern was it may be similar to
the Mirabella project. It was also noted the prior plans had two or three swimming
pools.
Mr. Bradley explained one pool of the two previously approved pools was a splash pool;
however, his clients found that one amenity would service the community adequately.
His client's project in Coral Springs went condo conversion which this project would as
well.
Mr. Poznak went on record regarding the drainage plans. Mr. Miller responded the
drainage design was established and part of the site plan application reviewed by the
City. The majority of the drainage was via an exfiltration trench constructed under the
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
July 22,2008
parking lot. There was over 5K linear feet of trench under the parking lot and water was
caught by a catch basin from the parking lot and graded to those locations. The South
Florida Water Management District gave conceptual approval to the design. There
would be follow up permitting after the Planning and Development Board and City
Commission approval to receive the final drainage permits from the City, Lake Worth
Drainage District and the South Florida Water Management District. The financing was
nearly complete for the project.
Some members were concerned the project would be a huge rental community instead
of an ownership community. When cash flows were not available, the property
becomes degraded and it was reported that scenario was occurring all over Florida.
Another concern was when the conversion occurred, the units would be substandard
because they started out as a rental community and a lack of amenities, such as
elevators, would make it difficult to sell third floor units.
Mr. Miller explained his clients were still involved in the Coral Springs project after over
four years. Additionally, with a condo market, many residents were transient and were
seasonal, as opposed to a rental community which housed individuals who lived and
worked in the community on a daily basis.
Ms. Zeitler clarified that Engineering staff and other departments review the applications
and impose conditions of approval regarding drainage and water and sewer. The full
drainage plans, including the calculations and permits, would be submitted when they
applied for their building permit. At this stage it was only conceptual.
Motion
Chair Jaskiewicz asked for a motion to approve the request for Master Plan Modification
to update the proposed unit type from townhouse units to rental units; to eliminate one
(1) access driveway; and to revise building layout, project circulation, and associated
parking areas. Ms. Grcevic so moved. Ms. Killian seconded the motion that
unanimously passed.
Motion
Mr. Barnes moved to approve the Major Site Plan Modification of Gulfstream Gardens.
Mr. Myott seconded the motion. Chair Jaskiewicz clarified the motion was to revise the
type of housing approved from 308 townhouse units to 308 multi-family rental units; to
eliminate one (1) access driveway; to unify and expand recreational amenities; and to
modify layout and design of buildings and associated parking areas subject to the 42
conditions of approval. Mr. Barnes amended his motion to include that language. Mr.
Myott amended his second and the motion unanimously passed.
VIII.-PUBLIC HEARING
ITEM B. ,
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 April 15. 2008 March 31,2008 (Noon) 0 June 17,2008
0 May 6, 2008 April 14, 2008 (Noon) 0 July 1, 2008
0 May 20, 2008 May 5, 2008 (Noon) 0 July 15,2008
0 June 3, 2008 May 19,2008 (Noon) [8J August 5, 2008
Date Final Form Must be Turned
in to City Clerk's Office
June 2, 2008 (Noon)
June 16,2008 (Noon)
June 30, 2008 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
[8J Public Hearing 0
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July 14, 2008 (Noon)
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RECOMMENDATION: Please place this request on the August 5, 2008 City Commission Agenda under
Public Hearing. The Planning and Development Board on July 22, 2008, recommended that the request be approved.
Please note that the applicant requests expeditious handing of this item, allowing it to be heard on August 5th in lieu of the
normal schedule that would have placed it on the August 19th Commission agenda. An error in the applicant's public notice
inadvertently delayed review and the applicant is attempting to make up lost time. For further details pertaining to this
request, see attached Department Memorandum No. 08-052.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Gulfstream Gardens (MSPM 08-004)
Bradley Miller, Miller Land Planning Consultants, Inc.
Jeffrey B. Meehan, Gulfstream Gardens, LLC
West side of Federal Highway, approximately 114 mile north of Gulfstream Boulevard
Request for major site plan modification to revise the type of housing approved from 308
townhouse units to 308 multi-family rental units; to eliminate one (I) access driveway; to
unify and expand recreational amenities; and to modify layout and design of buildings and
associated parking areas.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
Development Depa
h0'7 ~
Planning and Zo~ irector City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Gulfstream Gardens\Gulfstream Gardens MSPM 08-004\Agenda Item Request Gulfstream Gardens mspm 08-004
8-5-08.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 08-052
STAFF REPORT
FROM:
Chair and Members
Planning and DevelOP~ Board and City Commission
Michael W. RumPfW
Director of Planning and Zoning
Kathleen Zeitler ~
Planner II
TO:
THRU:
DATE:
June 17, 2008
PROJECT NAME/NO:
Gulfstream Gardens MPMD 08-002 / MSPM 08-004
REQUESTS:
Master Plan modification (MPMD 08-002) to update the proposed unit type
from townhouse units to rental units; to eliminate one (1) access driveway;
and to revise building layout, project circulation, and associated parking
areas.
Major Site Plan modification (MSPM 08-004) to revise the type of housing
approved from 308 townhouse units to 308 multi-family rental units; to
eliminate one (1) access driveway; to unify and expand recreational
amenities; and to modify layout and design of buildings and associated
parking areas.
PROJECT DESCRIPTION
Property Owner: Gulfstream Gardens, LLC
Location: West side of Federal Highway, approximately 1f4 mile north of Gulfstream
Boulevard (see Exhibit "A" - Location Map)
Existing Land Use/Zoning: Special High Density Residential (SHDR)/Planned Unit Development PUD)
Proposed Land Use/Zoning: No changes proposed
Proposed Use: 308 Multi-Family Units
Acreage: 15.46 Acres (entire PUD Master Plan)
Adjacent Uses:
North:
To the northeast is the Bayfront residential project zoned IPUD; to the northwest
are various developed parcels still within the unincorporated jurisdiction of Palm
Beach County;
South:
To the south is an existing self-storage facility (Public Storage) zone C-3;
Staff Report
Memorandum No PZ 08-052
Page 2
East: The right-of-way of Federal Highway, then farther east are small commercial
businesses that are located both within the City and Palm Beach County;
West: Immediately abutting the west property line is Old Dixie Highway, farther west is
the FEC Railway and then a preserve area zoned REC.
PROPOSAL
Mr. Bradley D. Miller, AICP, with Miller Land Planning Consultants, Inc., agent for the property owner, is
requesting that the Master Plan and approved Site Plans for Gulfstream Gardens PUD be modified to revise
the type of housing from 308 townhouse units to 308 multi-family rental units; to eliminate one (1) access
point; to revise amenities and design of buildings; and to revise layout of buildings and associated parking
areas. The application explains that the property owner has successfully developed a similar project
(Cypress Pointe) in Coral Springs that is constructed and currently occupied. Accordingly, the applicant
proposes to utilize the same successful building and unit types in the development of Gulfstream Gardens,
and therefore requests to revise the approved master plan and site plans. The number of dwelling units
remains the same as previously approved, and the project is now proposed to be constructed in one (1)
phase.
BACKGROUND
To date, the Gulfstream Gardens project has been approved for the following: (Phase 1) annexation of a
4.8 acre portion of the property consisting of 9.99 acres (ANEX 04-003); a future land use map
amendment (LUAR 04-004) from CH/5 (Palm Beach County), General Commercial and Local Retail
Commercial (City of Boynton Beach) to Special High Density Residential; a rezoning (LUAR 04-004) from
CG Commercial General (Palm Beach County), C-4 General Commercial and C-3 Community Commercial
(City of Boynton Beach) to PUD Planned Unit Development; a new site plan (NWSP 04-016); and (Phase 2)
annexation of a 3.166 acre portion of the property consisting of 5.47 acres (ANEX 05-004);); a future land
use map amendment (LUAR 05-012) from CH/5 Commercial High Intensity with an underlying 5 du/ac
residential potential (Palm Beach County), Local Retail Commercial (LRC) and General Commercial (GC) to
Special High Density Residential (SHDR) and rezoning (LUAR 05-012) from CG General Commercial (Palm
Beach County) and C-3 Community Commercial to PUD Planned Unit Development; and a new site plan
(NWSP 05-028).
ANALYSIS
The purpose and intent of a Planned Unit Development (PUD) district is to promote efficient and
economical land use, improved amenities, appropriate and harmonious variety in physical development,
creative design, improved living environment, orderly and economical development in the city, and
protection of adjacent development. The requested Master Plan / Site Plan modifications are minimal and
will continue to comply with all PUD requirements including unified control, consistency of development
characteristics, and compatibility with adjacent development. This request was reviewed for consistency
with the PUD development standards in the Land Development Regulations, Chapter 2.5, Planned Unit
Developments. Also, staff reviewed the subject request and found it to be consistent with other PUD's
throughout the City. The applicant has received a new school concurrency determination for 308 multi-
family units. In addition, the applicant has received a revised traffic concurrency approval from Palm
Beach County, with the condition that an exclusive northbound left-turn lane along Federal Highway be
added at the proposed main access driveway.
Staff Report
Memorandum No PZ 08-052
Page 3
Exhibit "B" depicts the previously approved site plans for Phases I and II containing a total of 308
townhouse units, and three (3) amenity areas. The 308 units were proposed within 28 separate three (3)-
story buildings, with each building containing eleven (11) dwelling units and 26,250 square feet per
building. Phase I proposed 198 townhouse units in 18 three (3)-story buildings on 9.99 acres. The unit
sizes proposed in Phase I ranged between 1,601 square feet (1,265 square feet under air) to 3,093 square
feet (2,515 square feet under air). Phase I proposed a total of 472,500 square feet of building area.
Phase II proposed 110 townhouse units in ten (10) three (3)-story buildings on 5.47 acres. The unit sizes
proposed in Phase II ranged between 1,601 square feet (1,265 square feet under air) to 3,191 square feet
(2,600 square feet under air). Phase II proposed a total of 262,500 square feet of building area.
Exhibit "e" depicts the proposed plan for 308 multi-family rental apartment units and amenity area to be
constructed in one (1) phase. The 308 units are proposed within 32 separate three (3)-story buildings
consisting of three (3) different building types. Each Type I building would contain a total of 12 "A" units
with one (1) bedroom, one (1) bath, and no garage. The Type I building is arranged similar to a
quadraplex, with four (4) units on each of the three (3) floors. Each "A" unit would be 888 square feet
under air, and a total of 975 square feet. There are a total of five (5) Type 1 buildings proposed with a
total building area of 13,368 square feet per building.
Each Type II building would contain a total of eight (8) units consisting of six (6) units that are two (2)-
bedroom, and two (2) units that are three (3) bedroom, and each unit would have a one (l)-car garage.
There are a total of 19 Type II buildings proposed with a total building area of 14,588 square feet per
building. Each Type III building would contain a total of 12 units consisting of eight (8) units that are two
(2)-bedroom, and four (4) units that are three (3) bedroom, and each unit would have a one (1)-car
garage. There are a total of eight (8) Type III buildings proposed with a total building area of 22,086
square feet per building. Each Type II and Type III building would contain a mix of units identified as "B",
"C", and "D", ranging between 1,685 square feet (1,404 square feet under air) and 2,064 square feet
(1,685 square feet under air).
The previously approved site plans for Phases I and II indicate that the 308 proposed units included the
following mix: 56 one-bedroom units, 168 two-bedroom units, and 84 three-bedroom units. In
comparison, the proposed site plan indicates the 308 proposed units would include the following mix: 60
one-bedroom units, 178 two-bedroom units, and 70 three-bedroom units.
The previously approved site plans for Phases I and II indicate 28 three (3)-story buildings with a total of
735,000 square feet of building area. In comparison, the proposed site plan indicates 32 three (3)-story
buildings with a total of 520,700 square feet of building area.
Amenities proposed for Phase I included a two (2)-story clubhouse (6,046 square feet) with swimming
pool (approximately 1,500 square feet) and gazebo (312 square feet), in addition to a separate amenity
area with a swimming pool (approximately 1,300 square feet) and cabana (178 square feet). Amenities
proposed for Phase II included a swimming pool (approximately 1,400 square feet) and a cabana (178
square feet). The amenities indicated on the proposed site plan include a one (l)-story recreation building
(4,414 square feet) with swimming pool (approximately 2,250 square feet) and gazebo (374 square feet),
in addition to a separate tot lot (approximately 1,200 square feet). Also usable open space areas with
benches and bike racks are proposed with continuous pedestrian paths throughout the development.
The previously approved site plans indicate that a total of 626 parking spaces were required, and a total of
693 parking spaces (67 extra spaces) were provided. In comparison, the proposed site plan indicates a
total of 591 parking spaces are required, and a total of 660 parking spaces (69 extra spaces) are provided.
Each of the two (2)-bedroom and three (3)-bedroom units would have a one (l)-car garage plus a parking
Staff Report
Memorandum No PZ 08-052
Page 4
space in the driveway, rather than a mix of one (1) and two (2)-car garages plus covered parking as
previously approved.
The minimum building setbacks of ten (10) feet remain as previously approved, and mirror the required
setbacks of adjacent development to the north and south. In addition, the perimeter landscape buffer
locations, widths, screening, and materials are similar to the previously approved site plans. The
previously approved site plans depicted off-site perimeter landscape buffers to the south and west. The
applicant has submitted a recorded "Landscape Agreement and Easement" with the property owner to the
south to locate the south perimeter buffer on the adjacent property (Public Storage). In addition, the
applicant has submitted an executed "Release Agreement" releasing the City from any and all liability and
damages from landscaping and irrigation proposed within the Old Dixie Highway right-of-way.
The previously approved site plans indicated an "Old French Country" style design accented with white
aluminum single hung windows, decorative brackets, stucco score lines, metal decorative shutters,
horizontal sliding doors, decorative louvers, and aluminum picket railing. In comparison, the proposed
changes include converting it to a more contemporary design with similar decorative features, S-tile roof,
and a neutral color palette. The design, as proposed, would provide for a sense of separation between
units and lessen the perceived density typical of multi-family developments.
RECOMMENDATION
It is staff's opinion that this request for master plan modification is non-substantial and consists of
relatively minor revisions to the previously approved plans. Per master plan amendment procedures, staff
has determined that the requested master plan modification is consistent with all current regulations as
well as the purpose and intent of the comprehensive plan. In addition, the major site plan modifications
are consistent with the previously approved development plans or otherwise comply with the Land
Development Regulations. Therefore, staff recommends approval of this Master Plan / Major Site Plan
modification, subject to the conditions listed in Exhibit "D" - Conditions of Approval. Additional comments
recommended by the Board or Commission would also be included in the Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Gulfstream Gardens\MPMD 08-004\Staff Report.doc
Exhibit "A" - Site Location Map
Gulfstream Gardens PUD
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TSENG CONSULTING GROUP.
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21 N.E. 166lh STREET. NIAMI. FLORIDA 33162
TEL (305) 945-4474 FAX. (:\05) 945-1613
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EXHIBIT "D"
CONDITIONS OF APPROVAL
Master Plan / Maior Site Plan Modification
Project name: Gulfstream Gardens POO
File number: MPMD 08-002 / MSPM 08-004
Reference: 2nd review plans identified as a Major Site Plan Modification with a May 27, 2008 Planning and
Zoning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
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PUBLIC WORKS - Solid Waste ~!
Comments: NONE (All previous comments have been addressed). X i I
PUBLIC WORKS - Forestrv i
._~---
!
Comments: NONE (All previous comments have been addressed). X
PUBLIC WORKS-Traffic I
I--~--- ------
I
Comments: i
1. Provide Fire Lanes in accordance with the LDR, Chapter 23, Article II, X I
Section B.2 and Section M.
i
ENGINEERING
----- ~
Comments:
. ----
2. Show on the engineering plan what erosion control measures will be used on X
the project during construction (LDR, Chapter 6, Article III, Section 4 and
Article V, Section 4.B.2.i(7); Chapter 8, Article III, Section A,1.a(9) and
(10), and Article V.) Specify on the plans that erosion and sedimentation
control will be addressed using Best Management Practices (BMPs. )
3. At the time of permitting, all projects one-acre or larger shall submit a Notice X
of Intent (NO!) 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.
--
4. Upon satisfactory Commission approval of the site plan, the applicant may be X
required to replat the subject property to reflect changes to proposed utility
and ingress/egress easements. A preliminary record plat application, through
the City's Engineering Division of Public Works, may be initiated during the
site plan review to expedite issuance of a Land Development Permit. I
-.----
5. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate X i
general grate, rim and invert elevations for all structures. Indicate grade of
storm sewer segments. Indicate material specifications for storm sewer.
,
Gulfstream Gardens
Conditions of Approval
MPMD 08-002 / MSPM 08-004
Page 2
, I
DEPARTMENTS INCLUDE REIhLl
6. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article N, Section 5 and Section 10.2 will be required at
the time of permitting.
UTILITIES
Comments:
7. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
8. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with
20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article N, Section
16, or the requirement imposed by insurance underwriters, whichever is
greater (CODE, Section 26-16(b)).
9. 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.
10. 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).
11. 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.
12. 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.
FIRE
Comments:
13. Roads and gate access during and after construction shall be 20 feet wide if X
two way and 12 feet wide if one-way.
Gulfstream Gardens
Conditions of Approval
MPMD 08-002 / MSPM 08-004
Page 3
, I
DEPARTMENTS INCLUDE REJECT
14. Provide hydraulic calculations for this site that include water for both the X
fire sprinkler system and the fire hydrants. At least one new hydrant will be
required for this project. No portion of the building shall be further away
than 200 feet from a hydrant.
.--
15. Show the location of the fire hydrants for this project. X
_.~---
16. Any construction gates shall be fitted with either a Knox Lock or a Knox X
Box with an entrance key, for emergency access. !
17. All roads shall be compacted to 32 tons and maintained so that emergency X
vehicles can access all areas of the site under construction at all times. The
responsibility for any emergency vehicles that become stuck because of poor
roads will fall to the owner of the property of the general contractor to have
it towed by an authorized towing agency.
18. A CAD disc that contains the final, approved plans for this project will be X I
required for Fire Department.
i
19. Attached garages will require Carbon Monoxide Detection inside each X
living unit and shall be tied into the smoke detectors.
20. NFPA 13D fire sprinkler system required. X
I
21. The required Fire Sprinkler System shall be monitored by a UL or FM X !
Listed Central Station. I
T
POLICE ! i ,I
i :'
Comments: i --.-
22. Prior to issuance of the first building permit, the applicant shall prepare a X i
construction site security and management plan for approval by the City's
Police Department CPTED Official.
a. 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, I
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. ,
b. The security management plan shall be maintained throughout the i
I
construction phase of the project.
,
!
23. All lighting shall be metal halide following lESNA Lighting standards. X
!
r 1
- .
Gulfstream Gardens
Conditions of Approval
MPMD 08-002 / MSPM 08-004
Page 4
. II
DEPARTMENTS INCLUDE REJECT
24. Timer clock or photocell lighting for nighttime use shall be above or near X
entryways.
25. Pedestrian scale lighting shall be used for all street and pedestrian walkways. X
It is suggested that interactive or lighting on demand be used in sensitive
areas.
26. Numerical address: X
a. Shall be illuminated for nighttime visibility (dusk to dawn).
b. Shall not be obstructed.
c. Shall have bi-directional visibility from the roadway.
d. Building numbers shall be placed on the front and rear of the buildings.
27. Lighting shall be provided for entrance signage. X
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.
29. 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.
30. Buildings three-stories or higher shall be equipped with an automatic X
sprinkler system per F.S. 553.895. Fire protection plans and hydraulic
calculations shall be included with the building plans at the time of permit
application.
31. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
32. At the time of permit review, submit details of reinforcement of walls for the X
future installation of grab bars as required by the FFHA, Title 24 CFR, Part
100.205, Section 3, Requirement #6. All bathrooms within the covered
dwelling unit shall comply.
Gulfstream Gardens
Conditions of Approval
MPMD 08-002 I MSPM 08-004
Page 5
DEPARTMENTS
33. If capital facility fees (water and sewer) are paid in advance to the City of
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application: The full name of the
project as it appears on the Development Order and the Commission-
approved site plan.
a. If the project is a multi-family project, the building numbers must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
b. The number of dwelling units in each building.
c. The number of bedrooms in each dwelling unit.
d. The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
34. At time of building permit application, submit verification that the City of
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
a. A legal description of the land.
b. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
c. If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
d. The number of dwelling units in each building.
e. The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(t))
I
I 37. Indicate on the site plan (Sheet CE-2) the distance that building #4 is located
from the rear property line.
INCLUDE
X
REJECT
!
i ...---
X T
. ._~-
X
,
X
x
Gulfstream Gardens
Conditions of Approval
MPMD 08-002 I MSPM 08-004
Page 6
DEPARTMENTS INCLUDE REJECT
38. Structures not located in a flood zone shall be constructed so that the finished X
floor elevation is a minimum of 12 inches above the crown of the road.
39. Sheet A 3.03: clearly show on the plan that the reach height for the mail X
kiosks complies with the requirement of the Fair Housing Act.
40. The playground, pavilion, tot lot, and swimming pool shall comply with the X
Fair Housing Act.
41. An accessible route shall be provided throughout the site and connect the X
buildings on the site.
PARKS AND RECREATION
Comments:
42. Park Impact Fees: 308 multi-family rental units x $924.00/unit = $284,592 to X
be paid prior to re-plat approval if a re-plat is required, otherwise the fees will
be paid at the time of permitting.
FORESTER/ENVIRONMENT ALIST
Comments: NONE X
PLANNING AND ZONING
Comments: NONE (All previous comments have been addressed). X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
l. NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
l. To be determined.
MRIkz
S:\Planning\SHARED\WP\PROJECTS\Gulfstream Gardens\MSPM 08-004\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Gulfstream Gardens PUD
AGENT:
Mr. Bradley Miller, AICP with Miller Land Planning Consultants, Inc
AGENTS ADDRESS:
420 West Boynton Beach Boulevard, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
August5,2008
TYPE OF RELIEF SOUGHT: Request major site plan modification to construct 308 multi-family rental
units on 15.46 acres in the PUD zoning district.
LOCATION OF PROPERTY: West side of Federal Highway, approximately % mile north of
Gulfstream Boulevard
DRAWINGS: SEE EXHIBITS "C" and "C-1" 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\Gulfstream Gardens\Gulfstream Gardens J\1SPM ()g-lHJ4' DO,Jl)C
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
July 22, 2008
7. Unfinished Business
A. Gulfstream Gardens
Master Plan Modification
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
2.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Gulfstream Gardens (MPMD 08-002)
Bradley Miller, Miller Land Planning
Consultants, Inc.
Jeffrey B. Meehan, Gulfstream Gardens, LLC
West side of Federal Highway, approximately
% mile north of Gulfstream Boulevard
Request for Master Plan Modification to update
the proposed unit type from townhouse units to
rental units; to eliminate one (1) access
driveway; and to revise building layout, project
circulation, and associated parking areas.
Gulfstream Gardens (MSPM 08-004)
Bradley Miller, Miller Land Planning
Consultants, Inc.
Jeffrey B. Meehan, Gulfstream Gardens, LLC
West side of Federal Highway, approximately
% mile north of Gulfstream Boulevard
Request for Major Site Plan Modification to
revise the type of housing approved from 308
townhouse units to 308 multi-family rental
units; to eliminate one (1) access driveway; to
unify and expand recreational amenities; and
to modify layout and design of buildings and
associated parking areas.
Kathleen Zeitler, Planner, presented the request and explained although they would
present the Master and Major Site Plan Modifications together, they should be voted on
separately.
The previously approved site plan for Phases I and II contained 308 townhouse units in
28 identical buildings, each three stories with 11 units per building. The buildings were
a mix of one, two and three bedrooms ranging between 1,265 and 2,600 square feet
under air. The proposed site plan included 308 multi family rental apartments in 32
buildings, each three stories, with three different building types. The mix of one, two
and three bedroom units ranged between 888 to 1,685 square feet under air. Each two
and three bedroom unit would have a one car garage plus a parking space in the
driveway.
There would be a one story recreation building with over 4,400 square feet, a tot lot and
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
July 22,2008
usable open space areas with benches, bike rack and continuous pedestrian paths. The
landscape materials were similar to the previously approved materials with offsite
buffers to the south and west.
The applicant submitted a recorded landscape agreement and a release agreement
with the property owner to the South (Public Storage) and an agreement, releasing the
City from liability for landscaping within the Old Dixie Highway right-of-way.
Staff reviewed the plans and recommended approval subject to the 42 conditions of
approval contained in the staff report.
Bradley Miller, Land Planning Consultants, agreed with the conditions of approval and
gave a brief PowerPoint presentation showing the project. His clients wanted to move
the project forward based on a project they did in Coral Springs. The access points
were off Federal Highway and then a second access on Old Dixie Highway. The
Federal Highway access would include a northbound left turn and a landscaped
median. The project focused around a central recreational area. There were three
types of buildings. Type one was a three story structure with one bedroom units and no
garages. The type two buildings were a mix of two and three story buildings with
garages and type three had a fa<;:ade that had a mix of two and three stories and the
garage units. Fourteen units were changed from three bedroom to one bedroom.
Chair Jaskiewicz opened the floor for public comments.
Attorney Alexander administered the oath to Sarah Renshaw.
Sarah Renshaw, 48 Heather Cove Drive, owned a condo in Seagate and inquired if
that would be torn down. Mr. Miller responded the site was already cleared.
There were no other comments and Chair Jaskiewicz closed the public comments.
The board members inquired about the style of the project, which was previously Old
French Country with stone at the building base. It was thought it previously looked
fancier because it was a for sale product; however, the concern was it may be similar to
the Mirabella project. It was also noted the prior plans had two or three swimming
pools.
Mr. Bradley explained one pool of the two previously approved pools was a splash pool;
however, his clients found that one amenity would service the community adequately.
His client's project in Coral Springs went condo conversion which this project would as
well.
Mr. Poznak went on record regarding the drainage plans. Mr. Miller responded the
drainage design was established and part of the site plan application reviewed by the
City. The majority of the drainage was via an exfiltration trench constructed under the
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
July 22, 2008
parking lot. There was over 5K linear feet of trench under the parking lot and water was
caught by a catch basin from the parking lot and graded to those locations. The South
Florida Water Management District gave conceptual approval to the design. There
would be follow up permitting after the Planning and Development Board and City
Commission approval to receive the final drainage permits from the City, Lake Worth
Drainage District and the South Florida Water Management District. The financing was
nearly complete for the project.
Some members were concerned the project would be a huge rental community instead
of an ownership community. When cash flows were not available, the property
becomes degraded and it was reported that scenario was occurring all over Florida.
Another concern was when the conversion occurred, the units would be substandard
because they started out as a rental community and a lack of amenities, such as
elevators, would make it difficult to sell third floor units.
Mr. Miller explained his clients were still involved in the Coral Springs project after over
four years. Additionally, with a condo market, many residents were transient and were
seasonal, as opposed to a rental community which housed individuals who lived and
worked in the community on a daily basis.
Ms. Zeitler clarified that Engineering staff and other departments review the applications
and impose conditions of approval regarding drainage and water and sewer. The full
drainage plans, including the calculations and permits, would be submitted when they
applied for their building permit. At this stage it was only conceptual.
Motion
Chair Jaskiewicz asked for a motion to approve the request for Master Plan Modification
to update the proposed unit type from townhouse units to rental units; to eliminate one
(1) access driveway; and to revise building layout, project circulation, and associated
parking areas. Ms. Grcevic so moved. Ms. Killian seconded the motion that
unanimously passed.
Motion
Mr. Barnes moved to approve the Major Site Plan Modification of Gulfstream Gardens.
Mr. Myott seconded the motion. Chair Jaskiewicz clarified the motion was to revise the
type of housing approved from 308 townhouse units to 308 multi-family rental units; to
eliminate one (1) access driveway; to unify and expand recreational amenities; and to
modify layout and design of buildings and associated parking areas subject to the 42
conditions of approval. Mr. Barnes amended his motion to include that language. Mr.
Myott amended his second and the motion unanimously passed.
..g[
VIII.-PUBLIC HEARING
ITEM C.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 15, 2008 March 31, 2008 (Noon) 0 June 17,2008 June 2, 2008 (Noon)
0 May 6, 2008 April 14,2008 (Noon) 0 July 1,2008 June 16,2008 (Noon)
0 May 20, 2008 May 5, 2008 (Noon) 0 July 15,2008 June 30, 2008 (Noon)
0 June 3, 2008 May 19,2008 (Noon) C8J August 5, 2008 July 14,2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
C8J Public Hearing 0
RECOMMENDATION: Please place this request on the August 5,2008 City Commission Agenda under
Public Hearing. The Planning and Development Board on July 22, 2008, recommended that the request be approved.
Please note that the applicant requests expeditious handing of this item, allowing it to be heard on August 5th in lieu of the
normal schedule that would have placed it on the August 19th Commission agenda. Staff understands that this request is
motivated by the time constraints of a lease agreement for the intended tenant. For further details pertaining to this request,
see attached Department Memorandum No. 08-063.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Sunshine Square (COUS 08-003)
Arianne Nielsen, Land Design South
Woolbright Sunshine, LLC
Southwest corner of the intersection of South Federal Highway and Woolbright Road
Request for conditional use approval for a Cosmetology School to locate within the
existing Building "C" in the Sunshine Square shopping center.
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES:
Development Depa
Assistant to City Manager
r~
/ r7 ~
(.(~/~ L .~ .
Planmng and Zorn ector CIty Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\COUS 08-003\Agenda Item Request Sunshine Square COUS 08-003 8-5-08.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
TO:
THRU:
FROM:
DATE:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 08-063
STAFF REPORT
Chair and Members
Planning and Develo~ent Board and City Commission
~. 1~
I i.~ .
Michael Rumpf f'L!'1 .
Planning and Zoning Director
Kathleen Zeitler tz
Planner II
July 15, 2008
PROJECT NAME/NO: Sunshine Square / COUS 08-003
REQUEST:
Request for conditional use approval for a 10,000 square foot cosmetology school
within a shopping center zoned C-3, Community Commercial zoning district.
Property Owner:
Applicant:
Agent:
Location:
Existing Land
Use/Zoning:
Proposed Land
Use/Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
PROJECT DESCRIPTION
Woolbright Sunshine, LLC
Woolbright Sunshine, LLC
Arianne Nielsen, Land Design South
Southwest corner of the intersection of South Federal Highway and Woolbright
Road (see Exhibit "AIf - Location Map)
Mixed Use (MX) / Community Commercial (C-3)
No change proposed
10,000 square foot Cosmetology School (to locate in space previously occupied
by Marathon Music)
:t14.42 acres
Right-of-way of Woolbright Road, then property designated Mixed Use and
zoned MU-L Mixed Use-Low Intensity, currently being developed as Las
Ventanas, a mixed use project. Northeast: Approximately 0.48 acre property
located at the southwest corner of the intersection of Federal Highway and
Woolbright Road containing a gas station and classified Local Retail
Staff Report - Sunshine Square
COUS 08-003
Page 2
Commercial and zoned C-3 Community Commercial.
South:
To the southeast, a parcel of approximately 1 acre classified Local Retail
Commercial and zoned C-3 Community Commercial and containing a small strip
commercial shopping plaza, and south of this, the right-of-way of SE 18th
Avenue, then developed property classified Local Retail Commercial and zoned
C-3 Community Commercial;
East:
Right-of-way of South Federal Highway, then property classified Local Retail
Commercial and zoned C-3 Community Commercial and developed as the
Riverwalk shopping center; and
West:
Right-of-way of the Florida East Coast railroad, then the City/s Utilities
Department facilities classified Public and Private Governmental! Institutional
and zoned PU Public Use.
PROPOSAL
Ms. Arianne Nielsen with Land Design South, agent for Woolbright Sunshine LLC, property owner, is
seeking conditional use approval for a cosmetology school to locate at Sunshine Square shopping center.
The proposed use would locate in a 10,000 square foot space in the easternmost building (Building "C")
previously occupied by Marathon Music (see Exhibit "B" - Site Plan). A cosmetology school is a conditional
use in the C-3 zoning district, and is required to be in conjunction with the delivery of services to the
general public on a daily basis. The proposal includes converting existing space from retail to cosmetology
instruction, including classrooms, office, and hair styling stations (see Exhibit "c" - Floor Plan). The
applicant indicates that barbering, hair styling, or the cosmetic arts such as makeup or skin care, will be
provided by the students to the public on a regular basis as required by the City's zoning regulations. Only
interior renovations are proposed to accommodate the proposed use; no exterior revisions to the building
or the site are proposed as part of this request.
BACKGROUND
The Sunshine Square shopping center encompasses approximately 14.4 acres at the
southwest corner of Woolbright Road and South Federal Highway. In 2006, the subject site was approved
for a large-scale mixed use development known as the Ellipse project, and was rezoned from Community
Commercial (C-3) to Mixed-Use Low Intensity 3 (MU-L3). Due to the downturn in the residential real
estate market, the property was sold and the site plan approval for the Ellipse project expired. On January
2, 2008 the City Commission reverted the MU-L3 zoning of the subject property back to C-3 to allow the
existing shopping center to be repaired, maintained, and expanded (Ordinance 07-041).
On March 18, 2008, a conditional use for a drive-thru restaurant was approved (COUS 08-001), in addition
to a major site plan modification to allow a freestanding bank and related parking lot improvements (MSPM
08-002), and a variance to address an existing parking deficit (ZNCV 08-002). Also, minor site plan
modifications have been recently approved for Sunshine Square, facilitating enhancements to perimeter
landscaping, building facades, and traffic circulation.
Staff Report - Sunshine Square
co US 08-003
Page 3
STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS
Chapter 2, Section 11.2.D of the Land Development Regulations contains the following standards to which
conditional uses are required to conform. The applicant has submitted a Justification Statement that
addresses each of the conditional use standards (see Exhibit "D" - Justification Statement). Following
each of these standards below is the Planning and Zoning Division's evaluation of the application as it
pertains to standards.
Per the LDR, the Planning and Development Board and City Commission shall consider only such
conditional uses as are authorized under the terms of these zoning regulations and, in connection
therewith, may grant conditional uses absolutely or subject to conditions including, but not limited to, the
dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary
for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when
not in harmony with the intent and purpose of this section. In evaluating an application for conditional use
approval, the Board and Commission shall consider the effect of the proposed use on the general health,
safety and welfare of the community and make written findings certifying that satisfactory provisions have
been made concerning the following standards, where applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with
particular reference to automobile and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe.
Several improvements to the site as part of a major site plan modification were approved March 18,
2008. Site improvements included widening of the existing north/south main access aisle to improve
traffic flow; relocation of the main access from Woolbright Road to a more central signalized location
that is aligned with the development to the north; the provision of parking lot re-striping for all parking
spaces and enclosures for all dumpsters; the provision of pedestrian crosswalks with paver bricks
throughout the shopping center; and pedestrian and vehicular pavement markings and signage for
safety and convenience.
To date, many of the above site improvements to improve vehicular circulation and pedestrian safety
have been completed. The main entrance drive aisle was widened to include two (2) ingress lanes,
two (2) egress lanes, and a divider median. A continuous five (5) foot sidewalk from the existing
sidewalk along Woolbright Road to Building "C" was also added along the drive aisle to provide safe
pedestrian access to and from the site. The justification statement indicates that the applicant is
proposing to maintain the recently completed improvements to vehicular circulation patterns as well as
approved ingress and egress locations for the property.
The applicant also notes that the 10,000 square foot space to be occupied by the proposed
cosmetology school currently generates 1,546 daily vehicular trips as retail space, and will generate
only 275 daily vehicular trips as a vocational school, resulting in a reduction of trips to be generated by
the center.
Staff has determined that the site improvements to vehicular circulation and pedestrian safety, along
with a reduction in the number of daily vehicular trips will sufficiently provide for the proposed
cosmetology school use.
Staff Report - Sunshine Square
COUS 08-003
Page 4
2. Off-street parking and loading areas where required, with particular attention to the items
in subsection above, and the economic, glare, noise, and odor effects the conditional use
will have on adjacent and nearby properties, and the city as a whole.
The proposed cosmetology school would utilize existing retail space within Building "C", formerly
occupied by Marathon Music. The site was recently approved for a major site plan modification which
included improvements to pedestrian and vehicular circulation throughout the site, as well as
reconfiguration of parking areas, while maintaining the total number of parking spaces on site. The
proposed location of the cosmetology school is adjacent to the redesigned parking area, which will
provide adequate parking and pedestrian access to the facility.
Per the Institute of Transportation Engineers (ITE) Parking Generation 3rd Edition, 10,000 square feet
requires 47 parking spaces during peak hour as retail use, and 25 parking spaces during the peak hour
for vocational school use. As such, the cosmetology school will not create additional parking demand
within the center, and the provided parking and vehicular circulation conditions will adequately provide
for the proposed use.
In regard to loading spaces, Building "c" is currently provided with three loading areas, located to the
rear of Building "C". The applicant indicates that the proposed cosmetology school will be permitted to
utilize all existing loading zones. Given the nature of the requested use, it is not anticipated that the
use would generate high volumes of deliveries. In addition, it is not anticipated that the requested use
would have any economic, glare, noise, and odor effects on adjacent and nearby properties, or the city
as a whole.
3. Refuse and service areas, with particular reference to the items in subsection 1 and 2
above.
All service areas for solid waste disposal and unloading of deliveries for the proposed use are currently
provided on site to the rear (south) of building "C". The site plan indicates three (3) loading areas and
nine (9) existing dumpsters are currently located to the rear of Building "C". The applicant indicates
that the proposed cosmetology school will be permitted to utilize all existing loading zones and
dumpsters. The justification statement indicates the cosmetology school would not generate any
industrial, manufacturing, special or hazardous waste, airborne pollutants, or require any special
handling of solid waste, and therefore, the proposed use would not negatively impact the health,
safety, or welfare of the surrounding community.
4. Utilities, with reference to locations, availability, and compatibility.
Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water
and sanitary sewer, are available for this project. The proposed Cosmetology School will be located
within the existing Building "C", which is currently provided with all applicable utility services. A letter
from the project architect has been included with this submittal indicating that the proposed water
service is sized per Florida Building Code - Table 603.1, which will provide adequate water supply for
the proposed use.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
Landscaping for the entire shopping center has recently been the target for extensive improvements
to include additional buffering, color, and visual interest along the abutting rights-of-way. In addition,
Staff Report - Sunshine Square
co US 08-003
Page 5
the affected areas on site will contain new landscaping, mainly located along interior access drives and
throughout the parking lot. Building "C" is screened with perimeter landscaping along all property
lines and, and has four (4) foot landscape planters along the front of the building for required
foundation landscaping. There are also numerous landscape islands within the adjacent parking areas
that range in size from five (5) feet to seventeen (17) wide, as well as a ten (10) foot landscaped
divider median along the existing drive-aisle south of Building "C". A variety of planting material have
been recently planted in the above mentioned planting areas such as Silver Buttonwood, Cassia Trees,
Date Palms, Royal Palms, Oaks, and numerous shrubs and groundcovers. The provided landscaping
adequately screens and buffers the parking and loading areas for the proposed use.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic
effect, and compatibility and harmony with adjacent and nearby properties.
The lighting and signage is compatible with surrounding commercial and retail properties and will be in
harmony with the existing shopping center design. All existing monument signs on the property will be
maintained per the approved site plan. Applicable building signage for the cosmetology school will be
consistent with a required sign program for the shopping center. The addition of the cosmetology
school will not affect the existing lighting plan. The approved lighting plan was designed to meet all
applicable code requirements with no spill over, glare or lighting onto adjacent properties.
7, Required setbacks and other open spaces.
The proposed cosmetology school will be located in Building "C", and all existing building setbacks will
be maintained. Building "C" is set back 288 feet from the north property line, 45 feet from the east
property line, 182 feet from the south property line, and 219 feet from the west property line. All
setback and open space requirements were met with the approved site plan modification and the
proposed conditional use will not impact the existing setbacks or increase building square footage. A
plaza space has been provided with the approved site plan north of Building A and will provide a
gathering spot for employees and visitors of the shopping center. This plaza space provides ample
landscaping and screening for comfortable use of the space and is located conveniently for pedestrians
along Woolbright Road as well as users of the center. Further, the existing Buildings "A" and "C"
provide pedestrian arcades connecting uses on the site, and will provide connection from the proposed
cosmetology school to adjacent retail and open space uses.
8. General compatibility with adjacent property and other property in the zoning district.
The recently approved renovations to update the shopping center and the proposed conditional use
are compatible with surrounding development and will benefit and serve the community. Surrounding
properties at this commercial node are similarly zoned and contain a mixture of commercial uses. The
proposed use within Building "C" would not conflict with the uses on adjacent properties. Windows in
the 10,000 square foot space would not be blacked out, maintaining views into the space, and the
proposed salon services and accessory retail would complement other uses in the shopping center.
The addition of the cosmetology school will be an asset by providing training and employment
opportunities to the communityl as well as goods and services to the public.
9. Height of building and structures, with reference to compatibility and harmony to adjacent
and nearby properties, and the city as a whole.
Staff Report - Sunshine Square
co US 08-003
Page 6
No exterior modifications are proposed to Building "C", so the building height would not be affected.
The existing building would continue to be maintained as a one-story structure and will not adversely
impact the surrounding community. The heights of all buildings on site are in accordance with the
approved site plan and the C-3 zoning district, and are compatible with other commercial properties in
the vicinity.
10. Economic effects on adjacent and nearby properties and the city as a whole.
The proposed cosmetology school would be an economic benefit to the City as it would provide various
career education opportunities to students through technical training and certification in personal
services needed within the community. The school would also create new jobs for instructors, and
would provide additional convenience and choice, as well as affordable salon services to the public.
The school would also facilitate the use of tenant space that has remained underutilized at times
within the shopping center.
11. Conformance to the standards and requirements, which apply to site plans, as set forth in
Chapter 19, Article II of the City of Boynton Beach Code of Ordinances (Part III Chapter 4
Site Plan Review).
The proposed cosmetology school would occupy existing lease space within the shopping center and,
as a result, would not entail any modifications to the recently approved site plan.
12. Compliance with, and abatement of nuisances and hazards in accordance with the
performance standards within Section 4.N. of the Land Development Regulations, Chapter
2; also, conformance to the City of Boynton Beach Noise Control Ordinance.
The proposed cosmetology school should not create any nuisances or hazards as outlined in Chapter 2,
Section 4.N. of the Land Development Regulations. The cosmetology school would be located within
an existing building and all improvements would be interior to the building. No adverse impacts
specifically related to sound quality are expected, and the property would remain in compliance with all
applicable noise control ordinances.
RECOMMENDATION
The proposed conditional use is considered to be compatible with surrounding commercial development
and is suitable for the site. The cosmetology school will provide career education as well as personal
services to the community. Based on the discussions contained herein and compliance with development
regulations, staff recommends that this request be approved. Furthermore, pursuant to Chapter 2 -
Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed use may be
developed. If this request is approved, staff recommends that a period of one (1) year be allowed to
obtain the necessary building permits for the corresponding interior renovations.
S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\COUS 08-003\Staff Report.doc
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TENANT INTERIOR FOR:
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552 S.E. 15TH AVE. (WOOLBRIGHT PDl
BOYNTON BEACH, FL 33435
., Vi HUGENTJGLEP P A
ARCHITECT
EXHIBIT 0
LAND.
DESIGN
SOUTH
Planning
Landscape Architecture
Environmental Services
Transportation
561-478-8501. FAX 561-478-5012.2101 Centrepark West Drive. Suite 100, West Palm Beach, Florida 33409
Justification' Statement
Sunshine Square
Approval of a Conditional Use
Submitted June 6, 2008
Resubmitted June 12, 2008
Resubmitted June 20, 2008
On behalf of the Petitioner, Land Design South of Florida, Inc. requests the following:
. Approval of a Conditional Use request to permit a Cosmetology School to be located in
the existing Building C within the Sunshine Square shopping center.
Property History and Site Characteristics
The subject property is located on the southwest corner of Federal Highway and Woolbright Road, and
currently operates as a commercial shopping center which includes a variety of retail uses. In 2006,
the property underwent a land use, rezoning, and major site plan approval, changing the Future Land
Use designation to Mixed Use (MX) and the zoning designation to Mixed Use Low 3 (MU-L3). A mixed
use site plan was also approved at this time. Since the time of the approved Site Plan and Rezoning in
2006, ownership transferred for the property. On January 2, 2008, the Boynton Beach City
Commission approved Ordinance 07-041 which revoked the 2006 zoning change and reverted the
property to its original zoning designation of Community Commercial (C3). On March 18, 2008, a Major
Site Plan Modification was approved by the City Commission to allow modifications to the existing
shopping center as well as the addition of one financial institution and reconfiguration of the existing
bank into a restaurant. Also at this time, a variance was approved to accommodate a pre-existing
parking deficit. On April 4, 2008, a Minor Site Plan Modification was approved to further modify the
parking configuration and traffic circulation to better serve the shopping center. This application for a
Conditional Use specifically relates to the addition of a 10,000 square foot Cosmetology School to be
located in existing Building C.
The subject property is 14.42 acres in size and has a zoning designation of Community Commercial
(C3) and a Future Land Use designation of Mixed Use (MX). The property is bounded on the north by
Woolbright Road. North of Woolbright Road is a vacant parcel with a zoning designation of Mixed Use
Low (MU-L) and a Future Land Use designation of MX. South Federal Highway bounds the subject
property on the east. East of Federal Highway is an existing commercial shopping center with a zoning
designation of Community Commercial (C3) and a Future Land Use designation of Local Retail
Commercial (LRC). Southwest 18th Street bounds the subject property to the south. Adjacent to the
subject property, north of Southwest 18th Street, are two commercial properties and one residential
property all with a zoning designation of C3 and Future Land Use designations of LRC. Across
Southwest 18th Street to the south is another commercial property which has a zoning designation of
C3 and a Future Land Use designation of LRC. The Florida East Coast Railroad bounds the subject
property to the west, west of the railroad is the City of Boynton Beach Utilities site, which has a zoning
designation of Public Usage (PU) and a Future Land Use designation of Public and Private
Government! Institutional (PPGI).
Conditional Use Application
As mentioned previously, the applicant is requesting a Conditional Use to allow a 10,000 square foot
Cosmetology School within the existing Sunshine Square Shopping Center. Per City of Boynton Beach
Sunshine Square
Page 1
June 20, 2008
Code of Ord,inances, Chapter 2, Section 6.A.1.gg, a Cosmetology Use is permitted with approvai oj a
conditional use if the use is in conjunction with the delivery of the service to the general public on a
daily basis. The proposed cosmetology school will offer student instruction as well as salon services to
the public. The proposed school will accommodate five classes of 15-20 students each which will
receive instruction through varied class schedules. In general, one new class of students will begin
each 2 months, with a duration of 10 months. The general operating schedule for the school will be
Tuesday - Thursday 9 a.m. - 9 p.m., Friday 9 a.m. - 5 p.m., and Saturday 9 a.m. 5 p.rTL Upon student
enrollment reaching 60 students, the school will also operate on Monday from 9 a.m. to 5 p.m
correlation with these operating hours, the cosmetology school will offer salon related services to the
public during the following timeframes, Tuesday 1 p.m. - 9 p.m., Wednesday 1 p.m. .9 p.m., Thursday
1 p.m. - 9 p.m., Friday 9 a.m. - 5 p.m., and Saturday 9 a.m. - 5 p.m. Services will include haircuts and
color, manicure, pedicure, as well as a full line of Redken products for retail sale
As mentioned previously, the 10,000 square foot Cosmetology School will be located within the existing
Building C, in the space previously occupied by Marathon Music. Building C is currently undergoing
complete renovations to the exterior of the building to restore and update the building facades. The
proposed cosmetology school will utilize the fayade renovations and is not proposing any architectural
renovations to remodel or black out the proposed school fayade within the center. Through this, the
proposed school will remain compatible with the existing building fayade and architectural design of the
existing center and will provide goods and services necessary to the community.
Subsection 2.11.2.C of the Code outlines the materials that must be submitted with a conditional use
application. These materials are included with the Conditional Use Application submittal and are to be
reviewed concurrently.
Chapter 2.11.2.0 of the City of Boynton Beach Code outlines conditional use review standards. The
proposed Cosmetology School meets all the following standards for a conditional use:
1) Ingress and egress to the subject property and proposed structures thereon, with
particular reference to automobile and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe.
The applicant is proposing to maintain the existing vehicular circulation patterns and approved
ingress and egress locations for the property. As outlined previously, the current site plan was
recently revised to provide better management of vehicular and pedestrian safety and circulation
while improving the overall aesthetic of the property. The main entrance drive aisle was widened
and included two ingress lanes, two egress lanes, and a divider median. A continuous five (5') foot
sidewalk from the existing sidewalk along Woolbright to the existing Building C was also added
along the drive aisle to provide safe access to and from the site for pedestrians. Circulation and
safety was further improved with the addition of a six (6') foot divider median south of the main
entrance which allows for a right-turn only into the proposed Financial Institution parking area and a
right-turn only exit from the proposed Restaurant parking area. The restricted access provides
safer vehicle turning patterns and limits the amount of vehicles crossing in front of oncoming traffic.
The restricted access also provides Fire and Rescue with a more direct and unobstructed route free
of pedestrian pathways to structures on site. A secondary entrance onto Woolbright Road was also
removed to increase safety for vehicles leaving the site.
Additionally, based upon the Palm Beach County Trip Generation Rates table, the existing 10,000
square feet of general commercial (retail) space generates 1,546 daily trips. The change of uses in
the space to accommodate the proposed Cosmetology school will result in a reduction of trips
within the center, as a cosmetology school will generate 275 daily trips. As such, given the
reduction of trips as well as the above mentioned site improvements, the existing site configuration
will sufficiently provide for the proposed cosmetology school use.
2) Off-street parking and loading areas where required, with particular attention to the items
in subsection 0.1 above, and the economic, glare, noise, and odor effects the conditional
use will have on adjacent and nearby properties, and the city as a whole.
The requested conditional use does not propose to add any additional square footage to the
Sunshine Square
Page 2
June 20.2008
e.xisting shopping center, but rather will utilize existing space within Building C. As outlined in Item
1, the site was recently approved for a Major Site Plan modification which included amendments to
improve the pedestrian and vehicular circulation throughout the site and parking areas while
preserving on site parking. The proposed location of the Cosmetology School is adjacent to the
redesigned parking area, which will provide adequate parking and pedestrian access to the facility.
Additionally, per the Institute of Transportation Engineers (ITE) Parking Generation 3rd Edition, the
existing 10,000 square feet of retail space requires 47 parking spaces during peak hour, while the
proposed cosmetology school use will require 25 parking spaces during the peak hour. As such,
the cosmetology school will not create additional parking demand within the center, and the
provided parking and vehicular circulation conditions will adequately provide for the proposed use.
In regards to loading spaces, Building C is currently provided with three loading areas, located to
the south of Building C. The cosmetology school will be permitted to utilize all existing loading
zones. Given the nature of the requested use, it is not anticipated that the use will generate high
volumes of deliveries, as such it is anticipated that the existing loading space will adequately
provide for the Cosmetology School use. Given the nature of the use no glare, noise or odor effects
will result from the proposed use.
3) Refuse and service areas, with particular reference to the items in subsection 0.1 and 0.2
above.
The appropriate refuse and loading service area is currently provided on site to the south of building
C. Currently, Building C is provided with three loading areas and nine existing dumpsters. The
cosmetology school will be permitted to utilize all existing loading zones and dumpsters. As the
proposed Conditional Use is located within an existing building and the overall building square
footage is not increased, the refuse and loading service area, as provided, is adequate for the
proposed Conditional Use. The Cosmetology School will not generate any industrial, manufacturing,
special or hazardous waste, airborne pollutants, or require any special handling of solid waste, and
therefore, will not negatively impact the health, safety, or welfare of the surrounding community.
4) Utilities, with reference to locations, availability, and compatibility.
The proposed Cosmetology School will be located within the existing Building C, which is currently
provided with all applicable utility services. A letter from the project architect has been included
with this submittal indicating that the proposed water service is sized per Florida Building Code -
Table 603.1, which will provide adequate water supply for the proposed uses.
5) Screening, buffering, and landscaping with reference to type, dimensions, and character.
As the Cosmetology school will be located within an existing structure, the building footprints,
square footages, and setbacks for all structures have been preserved with this application. The
proposed Cosmetology School will be located in the existing Building C which has a two hundred
and eighty-eight (288') foot setback from the north property line, a forty-five (45') foot setback from
the east property line, and a one hundred and eighty-two (182') foot setback from the south
property line. Building C is screened with landscaping on all sides with four (4') foot landscape
planters along the front of the building, landscape islands within the adjacent parking areas that
range in size from five (5') feet to seventeen (17') in depth, buffer landscaping along the north,
south, and east property lines, as well as a ten (10') landscaped divider median along the existing
drive-aisle south of Building C. A variety of planting material will be utilized in the above mentioned
planting areas; such as, Silver Buttonwood, Cassia Trees, Date Palms, Royal Palms, Oaks, and
numerous shrubs and groundcovers. The provided landscaping and existing setbacks meet the
code requirement for this zoning district and provide adequate screening and buffering of the
existing Building C.
6) Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic
effect, and compatibility and harmony with adjacent and nearby properties.
As this application only pertains to the Conditional Use, all existing monument signs on the property
will be maintained per existing conditions and the approved site plan. Applicable building signage
for the Cosmetology School will be in correspondence with the approved sign program for the
Sunshine Square
Page 3
June 20, 2008
center. The addition of the Cosmetology School will not affect the existing lighting pia!' "~\F
approved lighting plan was designed to meet all applicable code requirements with no spillover
glare or lighting onto adjacent properties, and provides many safety features for the project
including clearly visible pathways for pedestrians and highlighted vehicular circulation for traffic
safety. The lighting and signage is compatible with surrounding commercial and retail oroperties
and will be in harmony with the existing shopping center design.
7) Required setbacks and other open spaces.
As the applicant is requesting only a Conditional Use to an approved site plan to allow for the
Cosmetology School, building footprints, square footages, open space, and setbacks for all
structures have been preserved with this application. All setback and open space requirements
were met with the approved site plan and the proposed Conditional Use will not impact the existing
setbacks or increase building square footage. The proposed Cosmetology School will be located in
the existing Building C which has a two hundred and eighty-eight (288') foot setback from the north
property line, a forty-five (45') foot setback from the east property line, and a one hundred and
eighty-two (182') foot setback from the south property line. A plaza space has been provided with
the approved site plan north of Building A and will provide a gathering spot for employees and
visitors of the shopping center. This plaza space provides ample landscaping and screening for
comfortable use of the space and is located conveniently for pedestrians along Woolbright Road as
well as users of the center. Further, the existing Buildings A and C provide pedestrian arcades
connecting uses on the site, and will provide connection from the proposed Cosmetology School to
adjacent retail and open space uses.
8) General compatibility with adjacent properties, and other property in the zoning district.
The development renovations and proposed Conditional Use are compatible with surrounding
developments and will benefit and serve the community. The immediate surrounding properties are
zoned comparably to the subject site and will not conflict with the uses proposed for the site.
Further, the addition of the Cosmetology School will be an asset by providing employment
opportunities, goods, and services to the public, as well as, complement the current uses of the
shopping center.
9) Height of buildings and structures, with preference to compatibility and harmony to
adjacent and nearby properties, and the city as a whole.
As this application only pertains to the Conditional Use, all building heights per the approved site
plan have been maintained and do not exceed forty-five (45') in height permitted by the existing
zoning district. The affected area of Building C will not be altered in height by the addition of the
proposed Cosmetology school and will be maintained as a one story structure. The heights of all
other buildings on site are in accordance with other commercial properties in the vicinity and will not
adversely impact the surrounding community.
10) Economic effect on adjacent and nearby properties, and the city as a whole.
The addition of the proposed Cosmetology School will be an economic benefit to the City as it will
provide not only salon services to the public, but will also create new jobs for instructors at the
school. In addition, the school will provide technical training and certification for students seeking to
further their careers in this field and will promote ongoing certification of a trade necessary within
the community.
11) Conformance to the standards and requirements which apply to site plans, as set forth
in Chapter 4 of the City of Boynton Beach Land Development Regulations.
As previously mentioned, the proposed addition of the Cosmetology School will not result in any
modifications to the existing site plan configuration. As the Cosmetology School will be located
within existing space in Building C. the existing approved site plan will be maintained and will
remain in compliance with the City of Boynton Beach land Development Regulation relating to such.
12) Compliance with, and abatement of nuisances and hazards in accordance with the
performance standards, Section 4.N of Chapter 2; also conformance to the City of
Sunshine Square
Page 4
June 20, 2008
Boynton Beach Noise Control Ordinance, Chapter 15, Section 15.8 of the Boynton Beach
Code of Ordinances.
The proposed project does not create any nuisances and hazards as outlined in Section 4.N of
Chapter 2. The development renovations are compatible with surrounding developments and will
benefit and serve the community. As the requested Cosmetology School is located within an
existing building and all improvements will be interior, no adverse impacts specifically related to
sound quality are expected, and the property will remain in compliance with all applicable noise
control ordinances.
Conclusion
The proposed conditional use is considered to be consistent with the nature of surrounding
development and is suitable to the site context, is compatible with surrounding developments, and will
provide for and better the surrounding community.
Accordingly, it is considered that the proposal is in the public interest and the Petitioner
respectfully requests approval of the conditional use.
P:\247\247.14\LDS Documents\Submittal Documents\Justification Statement\2008-06-20_Resubmittal Cosmo Condo Use Justification 2
_247.14.doc
Sunshine Square
Page 5
June 20, 2008
EXHIBIT "E"
Conditions of Approval
Project name: Sunshine Square
File number: CaDS 08-003
Reference: 2nd review plans identified as a Conditional Use with a June 23, 2008 Planning and Zoning
Department date stamp marking,
! REJECJI
DEP ARTMENTS INCLUDE I
!
PUBLIC WORKS- General I
......--
Comments: None X
PUBLIC WORKS- Traffic I
I !
Comments: None .\ I
I I
UTILITIES I -----
I
Comments: None .\
FIRE
--
Comments: None X
POLICE ---
Comments: None i X
ENGINEERING DIVISION
Comments: None I X
~
I
BUILDING DIVISION I
! --
Comments: None X I
I
i
PARKS AND RECREATION i --
i
Comments: None i X i
!
FORESTER/ENVIRONMENT ALIST i
I
..-
I
I i
Comments: None X I
I
I
PLANNING AND ZONING --.-
.-..-]
I
Comments: None X ]
--,~_.-._._-_._-- ---
Conditions of Approval
Sunshine Square
CaDS 08-003
P 2
age
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING AND DEVELOPMENT
BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\ WP\PROJECTS\Sunshine Square\COUS 08-003\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Sunshine Square
APPLICANT'S AGENT:
Arianne Nielsen, Land Design South
AGENT'S ADDRESS:
2101 Centrepark West Drive, Suite 100, West Palm Beach, FL 33409
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 5,2008
TYPE OF RELIEF SOUGHT: Conditional Use approval for a 10,000 square foot cosmetology school
in a C-3 zoning district
LOCATION OF PROPERTY: 501 E Woolbright Road, Boynton Beach
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\Sunshine Square\ COUS 08-003\DO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
July 22, 2008
8. New Business
A. Sunshine Square
Conditional Use
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Sunshine Square (COUS 08-003)
Arianne Nielsen, Land Design South
Woolbright Sunshine, LLC
Southwest corner of the intersection of South
Federal Highway and Woolbright Road
Request for conditional use approval for a
Cosmetology School to locate within existing
Building "C" in the Sunshine Square shopping
center.
Kathleen Zeitler explained the request was for a conditional use and included interior
renovations. The floor plan included stations for barber, cosmetology and hair styling
services. The request met the required standards for conditional uses, and was
compatible with the surrounding development. Staff recommended approval and a
period of one year be given to secure the permits for the interior renovations.
There was one letter in opposition to the request from a surrounding property owner on
the basis she owned a similar business in the adjacent shopping center. (The letter is
on file in the office of the City Clerk.)
Arianne Nielsen, Land Design South, was present to answer any questions.
The board members had questions about parking, which had a deficit of 72 spaces.
The board acknowledged the parking could accommodate the use, but the concern was
it was not known what development was coming behind this application and whether
there would be enough to support all the uses in total. As a school, the use would
attract parking and the center would be an active center. The board previously
approved an item with a parking deficit and now was approving another item with an
Institute of Transportation Engineers (ITE) generation rate, but could potentially have a
much stronger generation rate than the ITE specified.
The project had shared parking with mixed uses. Ms. Nielsen acknowledged the
board's concerns and explained the allocation for parking was appropriate for where the
users would be parking and using the space. The end product would provide the
parking for the uses across the site.
Chair Jaskiewicz opened the floor for public hearing. No one coming forward, the floor
was closed.
The occupancy classification for the use was mercantile. The board then discussed the
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
July 22,2008
back fa9ade of the complex that faced Publix, which was unsightly from Federal
Highway. Chair Jaskiewicz indicated it was her understanding that would be renovated
and improved. The Publix store would be entirely renovated and in a different location
The members thought that aspect should be taken into consideration in Phase II and It
was noted many buildings in different areas of the State now required four sided
buildings.
Motion
Mr. Myott moved to approve the conditional use. Mr. Lis seconded the motion that
unanimously passed.
VII.-CODE - LEGAL
SETTLEMENT
CITY OF BOYNTON BEACH ITEM A.
AGENDA ITEM REQUEST FO&.u.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 15, 2008 March 31, 2008 (Noon) 0 June 17, 2008 June 2,2008 (Noon)
0 May 6, 2008 April 14, 2008 (Noon) 0 July I, 2008 June 16,2008 (Noon)
0 May 20, 2008 May 5, 2008 (Noon) 0 July 15, 2008 June 30, 2008 (Noon)
0 June 3, 2008 May 19,2008 (Noon) ~ August 5, 2008 July 14,2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
~ Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
Elmer Lewis v. City of Bovnton Beach
Plaintiff Counsel: J. Freddy Rhoads, Esq., Injury Law Offices of Brian D. Guralnick, P,A.
Defense Counsel: None
RECOMMENDATION: Motion to approve a negotiated settlement agreement in the amount of$14,000.00.
EXPLANATION: On January 6, 2006, claimant was operating his bicycle heading eastbound on the southside sidewalk of
Woolbright Road near the Little League baseball fields. Along the sidewalk was City owned netting from the baseball field,
which had come loose and blown away. The netting was tangled in the fence and flapping out onto the sidewalk. The
claimant became entangled in the netting, lost control of his bicycle and was thrown to the ground. The claimant's bicycle
helmet was cracked and he was subsequently hospitalized suffering from internal brain bleed, concussion and memory
impairment. His medical bills were in excess of$80,000. Liability is not certain due to possible operator error, claimant's
age of 83, and subsequent diagnosis of Alzheimers disease. Doctors indicated trauma overlapping with the disease condition.
PROGRAM IMPACT: Litigation settlements and judgments of this nature are part of the ongoing responsibilities of the
Risk Management Department..
FISCAL IMPACT: Settlement will be charged to the Risk Management budget expenses #522-1710-519-49.20, Self-
Insured Losses, line item budgeted for claims payments for general liability and property damage I st and 3rd party claims.
ALTERN A TIVES: Failure to approve settlement will result in claim being litigated.
in exces ,000, Defensv,lrialleg I costs are estimated at $25,000.
I
/ ./
'" ,,'~-<-r
ead's Signature
City Manager's Signature
C)'W(/
Department Name
Assistant to City Manager
City Attorney I ~-
RISK MANAGEMENT
CJM/Claimgl/LewisEO l.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
The City of Boynton Beach, Florida
RISK MANAGEMENT DEPARTMENT
COMMISSION AGENDA MEMORANDUM
TO:
Kurt Bressner
City Manager
THRU:
Lori Laverierre
Assistant City Manager
FROM:
Charles J. Magazine
Risk Manager
DATE:
July 10, 2008
SUBJECT:
Elmer Lewis v. City of Boynton Beach
Date of Loss: January 16, 2006
Risk Management recommends the City Commission ratify the: X Settlement
in the above stated manner.
_ Judgement
RESERVES:
Indemnity:
$ 100,000
Expenses:
$ 25,000
Demand:
Original:
$ 100,000
Final:
$ 15.000
Offer:
Original:
$ 10,000
Final:
$ 14,000
x
SETTLEMENT:
$ 14,000
NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed,t;;l
any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom.
Current Adjustment Fees:
$ 4,778
Current Legal Fees:
$ -0-
JUDGEMENT: $-
Current Adjustment Fees:
$ -
Current Legal Fees:
$ -
CASE NARRATIVE:
On January 6, 2006, claimant was operating his bicycle heading eastbound on the southside sidewalk of
Woolbright Road near the Little League baseball fields. Along the sidewalk was City owned netting from
the baseball field, which had come loose and blown away. The netting was tangled in the fence and
flapping out onto the sidewalk The claimant became entangled in the netting, lost control of his bicycle
and was thrown to the ground. The claimant's bicycle helmet was cracked and he was subsequently
hospitalized suffering from internal brain bleed, concussion and memory impairment. His medical bills
were in excess of $80,000, Liability is not certain due to possible operator error, claimant's age of 83, and
subsequent diagnosis of Alzheimers disease. Doctors indicated trauma overlapping with the disease
condition.
Cjrn/ClairngIlLewisE02.doc
Ju1. 10. 2008 8:58AM
. Gallagher Bassett Services, Inc.
No, 9405 F. 1
July 10, 2008
Charles J. Magazine, Risk Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach,FI. 33425'{)310
RE:
Claimant:
Our Client:
Claim#:
Loss Date:
Elmer Lewis
City of Boynton Beach
00147Q.O00197-GB-01
1-6-06
Dear Mr. Magazine:
This letter will serve as our request for final City Commission approval of this recent
negotiated injury settlement.
The settlement is for $14,000.00, the agreement was recently reached with the plaintiff
counsel Atty. Brian D. Guralnick. Your authorization for the offer was given on April 30, 2008.
On January 6, 2006 Mr. Lewis was operating his bicycle heading Eastbound on the
Southside sidewalk of Woolbright road near the Little League Baseball field.
Along the sidewalk was City owned netting from the baseball field, that had come loose and
blown away, we believe from Hurricane Wilma. The netting was tangled in the fence and
flapping out onto the sidewalk. Mr. Lewis became entangled in the netting, lost control of his
bicycle and was thrown to the ground.
It was a severe impact and his bicycle helmet was cracked, we inspected the helmet at the
time of our interview with Mr. Lewis. He 5ubsequentlywas hospitalized suffering from internal
brain bleed, a concussion, and memory impairment due to the fall. His medical bills are in the
$80,000.00 range.
We have been able to argue to Atty. Guarlnick that liability is questionable due to operator
error and the claimant who is elderly, age 83, was subsequently diagnosed with Alzheimers
disease which may have contributed to this accident. The doctors have indicated trauma
overlapping with the disease condition.
Legal defense costs and a potential sympathetic jury verdict makes this a very reasonable
settlement for the City.
P.o. Box 18219
West Palm Beach. FL 33416
1-561-640-4443 X202
Fax #1-561-615-4449
VIII.-PUBLIC HEARING
ITEM D.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\'l
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 April 15, 2008 March 31, 2008 (Noon) 0 June 17, 2008
0 May 6, 2008 April 14,2008 (Noon) 0 July 1, 2008
0 May 20, 2008 May 5, 2008 (Noon) 0 July 15, 2008
0 June 3, 2008 May 19, 2008 (Noon) [8J August 5, 2008
Date Final Form Must be Turned
in to City Clerk's Office
June 2, 2008 (Noon)
June 16,2008 (Noon)
a"
("')
C")=t
=to<
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n""
r- tXl
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:0-<
~%
. --I
(,/)0
OX
"'03
~1"1
n>
""n
:z:
June 30, 2008 (Noo~
c.....
July 14, 2008 (NOOt-F
0 AnnolUlcementslPresentations 0 City Manager's Report :i
NATURE OF 0 Administrative 0 New Business ~
AGENDA ITEM 0 Consent Agenda [8J Legal CJ1
.....
0 Code Compliance & Legal Settlements 0 Unftnished Business
0 Public Hearing 0
RECOMMENDATION: Please place this tabled item on the August 5,2008 City Corrnnission Agenda lUlder
Public Hearing and Legal, Ordinance First-Reading. The City Corrnnission on July 15,2008 tabled this request to allow
additional time for preparation of the corresponding ordinance. The Planning and Development Board on JlUle 24,2008,
recommended that the request be approved with the addition of allowing professional offtce uses on upper floors of buildings.
For further details pertaining to this request, see attached Department Memorandum No. 08-062.
EXPLANATION:
PROJECT:
AGENT:
DESCRIPTION:
M-l Industrial Zoning District - Corridor Uses (CDRV 08-003)
City initiated
Request for amendments to the Land Development Regulations, Chapter 2. Zoning,
Section 8.A. M-Ilndustrial District, to add provisions and regulations for selected
industrial and non-industrial uses of properties that front an arterial or collector roadway.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
~~~
City Manager's Signature
Assistant to City Manager ~
Develo
. ctor City Attorney I Finance
CODE REVIEW\CDRV 08-003 M-1 Corridor uses\Agenda Item Request M-1 Indust Zoning Dist CDRV 08-003 8-
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
, I
I
VIII.-PUBlIC HEARING
ITEM D
]
2
3
4
5
6
7
8
9
]0
] ]
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Additional Informat'
ORDINANCE NO. 08- O~O
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING LAND DEVELOPMENT
REGULATIONS, CHAPTER 2 "ZONING", BY CREATING
A NEW SECTION B, ENTITLED "ADDITIONAL USES
AND REGULATIONS ON COLLECTOR OR ARTERIAL
ROADS"; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the Director of Planning and Zoning and the Planning and Development
Board have made recommendations regarding the addition of uses and regulations in the M-I
zoning district on properties that abut a collector or arterial road; and
WHEREAS, the City Commission has considered the recommendations and has
determined and finds that the inclusion of additional uses in the M-I zoning district on
properties which abut collector or arterial roads will benefit the M-I zoning district and will not
adversely impact adjacent communities.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clause is true and correct and is now ratified and
confirmed by the City Commission.
Section 2. Chapter 2. "Zoning", Section 8 of the Land Development Regulations of
the City of Boynton Beach Code of Ordinances is hereby amended by creating a new section B
entitled "Additional Uses and Regulations on Collector or Arterial Road" as follows:
B. Additional Uses and Regulations on Collector or Arterial Roads
1. The following table lists those commercial and retail uses that are proposed for addition to the
M-l Zoning District, where the district abuts a collector or arterial road.
I ProDosed Commercial and Retail Uses3,4.5
I Automotive narts store Fumiture & home fumishing
I Automatic car wash (nolishim!.. waxing. detailing)\ Hardware store
I Automotive/vehicle repair minor Marine accessories
I Blind. shutter shade and awning fabrication, Martial arts gymnastics. and dance studio
I Convenience store Pet care (grooming)
I CODving. minting. and sign design Pet care (boarding & davcare)\
I Dav care Pet care (veterinarian services)
- 1 -
5.:\l'A \Ordinances\LOR Changes\Amending LOR - Chapter 2 - 8(8) M-lZonm\!.doc~..\(:A'Mr4man€~LDR-.Cltange;,v\mcH6tHg.-Ll)j~-
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]9
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21
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24
25
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27
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29
30
II
2
i
i
I Drv cleaner Postal/mail center
I Electronics store Restaurant. take-out
I Florist Swimming Dool sUDnlies & accessorv cleanina
I Indicates conditional use approval required and minimum separation of300 feet from residential-zoning propert\..
~
- Food providers or servers shall not be allowed seats/tables to accommodate on-site consumption.
, Indicates that uses must be located within a multi-tenant building.
4 M<L\.. size per use is 5,000 Sq. ft.: convenience stores and take-out restaurants shall be a maximum of 2.500 sq. ft.
5 Indicates that the sale of used merchandise is only allowed if as accessory to the sale of new goods.
2. The table below lists those industrial uses that are proposed to be allowed along a corridor if
they contain the above-described commercial and/or retail component:
ProDosed Industrial Uses with Commercial ComDonentl
I. Mf!!.IFabricationlProcessin!!:
Artist and craftsman ShODS Medical eauinment & sUDPlies
Bakerv. commercial:> Metal fabricated Products
Beverage mfgj bottling' Motor vehicle seating & interior trim
Confections. commercial 3 Pharmaceutical & Medicine
Dairv oroducts mfg.' Plastic products
Food orocessing or oackaging (including meats) Rubber products
Footwear & other leather Products Sailmakina and canvas goods
Frozen food (including ice cream & desserts Y' Soan. toiletrv & cosmetics
Furniture oroducts Textile products
Glass oroducts Wood products
Household goods (8.A.l.a.] 9)
Il. Commercial Services:
Data processing services4 Household goods (8.A.l.b.2) including retail
Furniture\upholsterv covering & renairina Publishing & commercial Printing
Ill. Stora!!e/Distribution/Wholesale
Building materials (8.A.l.cA) Ornamental china. fine earthenware & ootterv
Heating. cooling. etc. (8.A.I.c. 7) Pumps. generators etc. (8.A.l.c.6)
I
I IV. Other4
I Recording and motion oicture studios Research & Development"
I
~ Excluding any outdoor storage of materials. equipment. or merchandise.
- Indicates conditional use if involving treatment. storage. or processing of human or animal bodies or parts.
, Food!bevera~e mfgs and servers shall not be allowed seats/tables to accommodate on-site consumPtion.
4 Indicates uses that are not required to have showroom/retail space.
3. Notwithstanding any other provision of Section 8A, all uses not specifically listed in
sub-section Bland 2 are herebv designated prohibited uses on properties which abut collector
or arterial roads.
- 2 -
S.\CA\Ordinances\LOR Changes\Amending LOR - Chapter 2 - 8(Bl M-IZoning.docS'~-:;A\{;)rdinanct'SIJA)r?(.;flange;;"\memjing.-LfH?-
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3
4
5
6
7
8
9
10
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]3
]4
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]6
] 7
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4. Notwithstanding any provision of subsection A or B of Section 8 self-storage businesses
2 that are licensed and operational along any collector or arterial roads are excluded from these
3 regulations and their continued operation shall be considered a pelmitted use, provided that if
4 the use is discontinued for a period of six (6) months that the property shall conform to the uses
5 set forth herein.
6 Section 3. Each and every other provision of the Land Development Regulations
7 not herein specifically amended, shall remain in full force and effect as originally adopted.
8 Section 4. All laws and ordinances applying to the City of Boynton Beach In
9 conflict with any provisions of this ordinance are hereby repealed.
] 0 Section 5. Should any section or provision of this Ordinance or any portion thereof
] 1 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
12 remainder of this Ordinance.
13
Section 6.
Section 7.
Authority is hereby given to codify this Ordinance.
This Ordinance shall become effective immediately.
]4
15
16
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
- 3 -
S leA \Ordmances\10R Chanlles\Amendmg LDR - Chapter 2 . 8( B) M-I Zonin!]dDc&-\GA<{JfdittatWe5\-Lj)]( (;ltatlge5.\AmeHdmg-LDR-
Chapter ~ 7H(2(J'18)t!llC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 08-062
TO:
FROM:
Chairman and Members
Planning and Development B~~
Michael W. Rumpf 1&0
Director of Planning and1aning
DATE:
June 16, 2008
SUBJECT:
CODE REVIEW I CDRV 08-003
Establishing corridor uses within the M-1 zoning district.
NATURE OF PROPOSED AMENDMENT
Staff is proposing an amendment to the Land Development Regulations (LDRs), Chapter 2. Zoning,
Section B.A. M-1 Industrial District, to establish a new subsection with provisions/regulations
applicable to industrially-zoned properties that front a collector or arterial roadway. The proposed
amendments would 1. Allow selected commercial and retail uses on properties that are zoned M-1 and
located along principal corridors; 2. Allow selected industrial and other uses with retail or commercial
components along such corridors; and 3. Exclude heavy or non-complementary industrial and
commercial uses from these corridors. The proposed amendments would increase the availability of
service or retail businesses to residents within the southern end of Congress Avenue, increase tenant
options for property owners, prevent negative impacts to the aesthetics of the corridor from industrial
uses, and maintain industrial-zoned property within the City. Furthermore, the proposed amendments
would be consistent with recommendations from the 2006, M-1 Zoning District study (a.k.a. Mellgren
Study), and begin implementing changes proposed within Group 2 of the LOR rewrite project.
BACKGROUND
The M-1 Zoning District and the topic of industrial lands have been receiving considerable attention, in
part, due to availability of industrial lands, proximity of M-1-zoned property along one of the "entrances"
into the City (Congress Avenue), and petitions to add non-industrial uses to this district. Despite the
recent amendments to the M-1 Zoning District, such as the addition of gymnastic centers and car
washes, this district remains the City's sole conventional zoning district available to industrial uses.
This district allows for a range of industrial and heavy commercial uses, ranging from the
manufacturing of textile, rubber, and plastic products to the servicing and cleaning of septic tanks and
sewer systems. The district accommodates large facilities such as millwork and truss plants as well as
various compact and innocuous businesses such as an ambulance dispatch service, therefore, not all
uses would be appropriate for properties along major roadway corridors.
With an emphasis on land use compatibility, aesthetics and supply, the 2006 M-1 Zoning District study
generated recommendations that, in part, addressed the preservation of industrial lands, expansion of
opportunities for industrial uses, and impacts upon residential land uses and rights-of-way. These
recommendations were considered in its drafting of the zoning matrix, as part of the current LOR
rewrite project. The zoning matrix was presented to the Board and Commission in May and June,
respectively, as Group 2, Part 1 of the LDR project. The subject amendments are principally a
codification of excerpts from the proposed matrix, with some additions based on public input received
in connection with the preferred uses for, and leasing constraints of one of the M-1 zoned properties
located on S. Congress Avenue. Although these amendments would increase competition for limited
industrial lands, contrary to the typical position of staff, they represent the balancing of several factors
including findings from planning exercises and leasing issues raised by a landowner.
Page 2
CDRV 08-003
ANALYSIS
The proposed amendments to the M-1 Zoning District mainly consist of the following three main parts:
1. Provisions that allow selected commercial and retail uses on properties located along collector and
arterial roads; 2. Provisions that accommodate selected industrial uses with a retail component on
corridor properties; and 3. The exclusion of selected industrial uses from properties along such
roadway corridors. The proposed recommendations also include a code amendment to further support
the appearance of corridors that are subject to industrial zoning.
1. Provisions for selected commercial and retail uses
These amendments include the addition of selected commercial and retail uses to the M-1 District,
limited to properties with frontage along a collector and arterial road. This aspect of the proposed
amendments addresses both the lack of basic service/retail uses in this area of the City and the higher
real estate values of properties at such locations. It also helps to reduce the necessity of, or interest in
rezoning the M-1 zoned properties along S. Congress Avenue. The 2006 study was preceded by a
study of the specific industrial area located along S. Congress Avenue. This study was conducted by
planning staff in 2002, and interestingly, it revealed that over 66% of the businesses approved within
the study area and under the retail trade ISCS use category, were for businesses located along
Congress Avenue. Furthermore, with the rezoning of two -large industrial parcels at the south end of
Congress Avenue for residential developments, an additional 472 dwelling units were added to this
area. With now over 2,200 dwelling units located south of the LWDD L-28 Canal, and the lack of
commercial zoning in this area, there is support for the addition of basic convenience stores to serve
nearby residents and local employees. This aspect of the amendment supports "smart growth" and
green initiatives as it should result in the reduction in total vehicle miles traveled on the roadway
network. As indicated above, the subject amendment will also increase the use options for properties
located along the corridor, thereby increasing the ability to lease vacant space and decreasing the
necessity for rezoning of the subject industrial properties.
The following table lists those commercial and retail uses that are proposed for addition to the M-1
Zoning District, where the district abuts a collector or arterial road.
Pro osed Commercial and Retail Uses ' .
Fumiture & home fumishin
Hardware store
Marine accessories
Martial arts, mnastics, and dance studio
Pet care roomin
Pet care board in & da care
Pet care veterinarian services
Postal/mail center
Restaurant, take-out
Florist Swimmin 001 su lies & accesso clean in
Indicates conditional use approval required and minimum separation of 300 feet from residential-zoning property.
2 Food providers or servers shall not be allowed seats/tables to accommodate on-site consumption.
3 Indicates that uses must be located within a multi-tenant building.
4 Max. size per use is 5,000 sq. ft.; convenience stores and take-out restaurants shall be a maximum of 2,500 sq. ft.
5 Indicates that the sale of used merchandise is only allowed if as accessory to the sale of new goods.
2. Provisions for selected industrial uses on corridor properties under certain conditions
The specific intent of this group of changes is to recognize that some industrial business may also
include a retail component that provides direct service or product to the public. Therefore, the selected
industrial businesses indicated below would be allowed on properties located along such a roadway
corridor, IT the use includes a commercial or retail component. Such uses would contribute to the
service and retail amenities of the roadway corridor. Such uses would be required to have a "walk-in"
Page 3
CDRV 08-003
service component, including an indoor showroom or retail space consisting of a minimum of 250
square feet (for businesses 25,000 sq. ft. or less). For businesses that are greater than 25,000 square
feet, the minimum required showroom/retail space is proposed to be a fraction (1 %) of the total area of
the business. For uses that would provide food products and beverages, no seats or tables would be
allowed to accommodate on-site consumption. This stipulation would filter out uses which tend to
operate like a restaurant, which typically operate more parking-intensive. This restriction would also
support possible future parking regulations tailored for this unique industrial area. The table below lists
those industrial uses that are proposed to be allowed along a corridor if they contain the above-
described commercial and/or retail component:
onent1
I
--~-------'
retail
IV. Other4
Recordin and motion icture studios
Research &
I
1 Excluding any outdoor storage of materials, equipment, or merchandise.
2 Indicates conditional use if involving treatment, storage, or processing of human or animal bodies or parts.
3 Food/beverage mfgs and servers shall not be allowed seats/tables to accommodate on-site consumption.
4 Indicates uses that are not required to have showroom/retail space.
The above-listed uses are currently allowed in the M-1 District; however, the proposed amendment
would restrict them from corridor properties unless they have the required commercial component.
3. Industrial uses to be excluded from corridor properties
As indicated above, not all industrial uses that are allowed in the M-1 Zoning District, due to intensity
of operation, are appropriate for properties along major roadways. Congress Avenue is classified as a
"principal arterial" road, and serves as a primary southern entrance into the City. Generally, heavy
commercial and industrial uses are consolidated in areas that are isolated from commercial nodes and
public view; however, since the early 1970's, this area of S. Congress Avenue has been zoned for
industrial use, and therefore has generally allowed all uses allowed within the M-1 Zoning District.
Therefore, all other uses not specifically listed in the two groups above would be excluded from
corridor properties. Although not all uses to be excluded are equally intense, several uses would be
prohibited as they would not contribute to the retail/service objective of these amendments. Examples
Page 4
CDRV 08-003
of such uses include the following commercial services or use groups: major auto repair and boat
repair, medical or dental laboratories, technical and trade schools, pest control, lawn/landscape
service, storage/warehousing and self-storage (excluding pre-existing facilities), vehicle and
equipment storage, and any outdoor storage of supplies and merchandise. A few examples of the
relatively more intense industrial uses to be excluded from corridor areas would include prefabricated
sheds, asphalt paving and roofing, petroleum and petroleum products, and those others uses currently
prohibited in the M-1 Zoning District Regulations. Staff would recommend that those pre-existing self-
storage businesses existing along the corridor, be excluded from these regulations, thereby allowing
their continued existence, and minimizing the creation of non-conforming uses.
Other recommendations
Both the M-1 Zoning District Study and "in-house" corridor study identified the importance of design
regulations to improve/protect corridor appearance. Specifically, the zoning district study
recommended that applicable sign regulations be strengthened to provide for continuity and
compatibility, that general appearance standards are adopted to influence architectural style, color and
building materials, and that the code is evaluated for appropriate regulation of relevant site non-
conformities involving, in part, parking and landscaping.
As part of this interim amendment, staff recommends that the sign regulations applicable to industrial
zoning districts are changed for greater similarity with commercial sign regulations. Past sign code
updates have excluded amendments to those regulations applicable to the M-1 Zoning District, leaving
the maximum height allowed at 20 feet. Staff recommends that the maximum height allowed for
freestanding signs for industrial uses, as indicated in the LDR Chapter 21, Article IV, Section 5.B, be
reduced to 10 feet. Staff acknowledges that this amendment would cause many existing signs along
the corridor to become non-conforming; however, site signage greatly impacts roadway aesthetics
thereby explaining its emphasis in the Mellgren Study, and justifying the proposed recommendation.
Such sign regulations would only be applicable when such properties are redeveloped, or if such non-
conforming signs are damaged to a certain extent and to be repaired or replaced.
With respect to other appearance regulations, staff will continue its consideration of the other
applicable recommendations from the zoning district study as part of the greater LDR rewrite project,
including appropriate separation of selected industrial uses from residential areas.
SUMMARY/RECOMMENDA TIONS
It should be stated that properties originally designed for industrial uses, may not have sufficient
parking to support significant retail and commercial uses. Such use for more parking-intensive
businesses shall be reviewed on a case-by-case basis when modifications or business tax certificates
are requested. Secondly, titles of the uses listed herein, or in current zoning regulations, may be
modified as part of final adoption to avoid conflicts or inconsistencies in terminology. Lastly, the
subject amendments do not emphasize office/professional uses, as desired by one party who provided
input on this project. The specific request is for similar provisions as included in the C-1 Zoning District
regulations, to accommodate all office/professional uses, particularly within upper floors which are
more difficult to lease. Such uses are not proposed to be accommodated to that extent, as such uses
would compete for the limited M-1 zoned property existing along the corridor, contribute less to the
local service needs and objective than those proposed uses, and further the demand for limited
parking resources. Staff acknowledges that this may appear contrary to the benefit stated above
regarding increasing leasing options; however, for the reasons stated herein staff recommends that
this extensive use group not be included in the subject amendments. .
Staff recommends that the proposed amendments be approved, to begin implementing
recommendations from the M-1 Study, and to specifically adopt regulations that both support industrial
zoning in the city and prevent the negative impacts from industrial uses on roadway corridors.
MR
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 08-003 M-1 Corridor uses\Staff Reportdoc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 24, 2008
Mr. Garra noted the changes would be implemented prior to the next City Commission
meeti ng.
Attorney Cherof asserted once the City Commission acted on the matter, and unless the
City Commission sent it back before the board, the board would be unable to take
further action. Chair Jaskiewicz suggested a board member attend the City Commission
meeting in order to address this item.
Motion
Mr. Myott moved to approve the request for height exception to allow screening of roof-
top equipment (designed as a decorative tower) with a mean roof height of 52 feet, a
distance of 7 feet above the 45 foot maximum height allowed in the C-3 zoning district.
Mr. Poznak seconded the motion that passed unanimously.
D. M-l Corridor Uses
Code Review
1.
PROJECT:
M-l Industrial Zoning District - Corridor
Uses (CDRV 08-003)
City initiated
Request for amendments to the Land
Development Regulations, Chapter 2. Zoning
Section 8-A. M-l Industrial District, to add
provisions and regulations for selected
industrial and non-industrial uses of properties
that front an arterial or collector roadway.
AGENT:
DESCRIPTION:
Attorney Cherof administered the oath to all who would be testifying.
Chair Jaskiewicz, Ms. Grcevik, Mr. Barnes and Mr. Myott disclosed that they met with
Mr. Weiner. Mr. Saberson disclosed that he spoke to Mr. Weiner on the telephone.
Mr. Rumpf explained the proposed amendment would:
+ Allow selected commercial and retail uses on properties zoned M-l and located
along major corridors;
+ Allow selected industrial and other uses with retail or commercial components
along such corridors; and
+ Exclude heavy industrial and commercial uses from these corridors.
9
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 24, 2008
The principal area affected by the proposed amendment would be South Congress
Avenue, which was the only arterial roadway flanked by the M-1 zoning district, and
stretched between the L-28 and L-30 canal, approximately one mile, excluding the
rezoned property to the south end.
Redevelopment was not anticipated, with the exception of a vacant parcel on the
northern end. Mr. Rumpf identified the uses that had occupied buildings in the area,
which included home improvement, self-storage and contracting. Retail stores were
accommodated as a result of warehousing and wholesale components.
The project had been supported by repeated findings, beginning in 1989 when the
Comprehensive Plan identified the corridor and the types of businesses, which included
home improvement products and services. It recommended similar businesses be
accommodated and allow additional commercial or retail components, and supported
aesthetic recommendations.
In 2002, staff conducted the South Congress Avenue Corridor Study which preserved
industrial land and considered an overlay district with design criteria and the types of
uses.
In 2006, the Mellgren Study was conducted which focused on preserving existing
industrial land, the creation of flex space, and LORs to address aesthetics and
compatibility.
The 2007 draft of the LOR rewrite included the draft LOR zoning matrix and was
reviewed by the board in its entirety. The draft introduced non-industrial uses and
industrial-commercial uses for corridors, while prohibiting incompatible uses.
Recommendations included:
. Adding limited commercial-retail uses to the corridor and providing for
restrictions on commercial-retail uses.
. Limiting industrial uses while allowing additional commercial uses.
. Increasing prohibited uses to protect the corridor appearance, enhancing
commercial attributes and improving compatibility of corridor uses.
. Establishing sign standards to decrease maximum heights to protect the corridor
appearance.
Summary points included:
10
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 24, 2008
. Minimum parking requirements for built properties could restrict commercial use
of the buildings, based on first-come-first served options. Staff could break down
an individual leasable space to allow for the application of different ratios.
. Staff recommended a minimum space for showrooms.
. Office use had been excluded in order to maintain a balance of complimentary
type uses for immediate convenience and food for employees, residents and
students.
. The recommendation for collector roads would be removed, leaving only the
arterial roadway classification.
. Staff would work with the Legal Department to develop language regarding
grandfathering non-conforming uses, such as car washes and self-storage
businesses.
Mr. Rumpf noted staff would work with the Legal Department in the preparation of the
ordinance. He pointed out the existing prohibited uses would continue; however, any
use not listed in the two groups would be excluded from corridor properties. The uses
would require some type of open showroom area and retail space. The text amendment
would require the initiative of the board, the City Commission and/or staff. The public
could not file without the consent of a majority of property owners affected by the
proposed amendment.
Chair Jaskiewicz invited public comments.
Michael Weiner, 10 SE First Avenue, Delray Beach, appeared on behalf of the owners
of 320 South Congress. He was not in accord with the elimination of professional and
medical offices. He reviewed an article entitled Industry Output and Employment
Projections to 2014, which cited statistics in the professional and business service
sectors. A copy of the article is on file in the City Clerk's office. He contended
professional office space was in keeping with the market environment in the area and
would not be more parking intensive than other uses proposed. He provided a copy of
the Jd Edition of the Institute of Transportation Parking Generation which dealt with
parking demands for medical and dental offices, as well as convenience stores and fast-
food restaurants. A copy is on file in the City Clerk's office.
Mr. Weiner did not believe the amendment assisted with second-floor space. He noted
potential tenants were turned down for occupancy at 320 S. Congress Avenue, while
the building had an occupancy rate of only 30%. He contended the corridor would not
be viable without professional office and medical space included in the overlay, and the
City would be causing a disincentive for investment in the area.
11
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 24, 2008
Board discussion ensued. Comments pertained to:
. Preservation of land use distribution.
. Increasing the use list subject to distance separations for residential uses.
. Determining occupancy rates of the building.
. Rezoning of industrial land and concerns relating to excess residential areas.
. The current market would not support many of the proposed industrial uses, but
would utilize professional offices to a greater extent.
. Mixed-uses were appropriate but should also be aesthetically pleasing.
. With regard to use of the second floor of the existing building at 320 South
Congress, it was suggested an exception be made to fill the space with offices,
as long as parking requirements were not exceeded.
Jeffrey Douglas, 2 Barefoot Lane, Lantana, accompanied Mr. Weiner. He reviewed a
list of tenants in the building, as well as those who were not permitted. He noted office
space on the second floor and bottom floor would be helpful. Messrs. Weiner and
Douglas would like the opportunity to fill or exceed their parking spaces and had in
mind strategies if the use were approved. They currently had 59 parking spaces and
could obtain another 25 spaces. They were proposing multi-uses for the complex,
including professional offices.
Discussion ensued regarding:
. Rezoning the property or adding the office component as a conditional use within
the zoning regulation.
. Adding the office component as a second floor use rather than a conditional use.
. Staff identified the types of uses in the various districts, and general office uses
would not be in one zoning district, but rather in a commercial or office district.
. Staff had come up with additional uses, some of which were the very uses
denied in the past, which could now occupy the building.
. The corridor was unique and many people working in the area could benefit from
professional or office services.
12
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 24, 2008
There was discussion with respect to implementation of a specific use condition to
assist Mr. Weiner's client in leasing the building. Attorney Cherof reminded the board
that the agenda item did not call for a site specific discussion and would not be
appropriate in the context of staffs presentation.
Mr. Rumpf noted this project had been expedited in order to assist the property owner.
Messrs. Weiner and Douglas indicated they would be amenable to the use of the first
and second floors.
Motion
Mr. Saberson moved to approve staffs request for amendments to the Land
Development Regulations, Chapter 2. Zoning Section 8-A. M-l Industrial District" to add
provisions and regulations for selected industrial and non-industrial uses of properties
that front an arterial or collector roadway, with the exception that professional offices
be allowed on second floors in buildings along the corridors. Ms. Grcevik seconded the
motion that passed unanimously.
E. Administrative Adjustment Revisions
Code Review
1.
PROJECT:
Administrative Adjustment Revisions
(CDRV 08-004)
City initiated
Request for amendments to the LDR,
Chapter 2. Zoning, Section 5, making all
properties developed for single-family homes
eligible for administrative setback adjustments
regardless of date of platting.
AGENT:
DESCRIPTION:
Mr. Breese advised in 2005, staff brought forward a Code amendment to allow greater
flexibility in staffs ability to process home additions without individuals having to go
through the variance process. At that time, staff utilized the date of the last rewrite of
the LDR for matters that could be handled administratively and matters that required
Commission action.
The requested amendment would further previous Commission action and better
accommodate the needs of residents to expand their living areas without the need for a
variance. All lots within single-family residential zoning districts would be eligible for
administrative adjustments for setbacks, not just those lots platted prior to 1975. Staff
had received several requests from individuals who had lots platted after 1975. Staff
reconsidered the necessity of utilizing this date as opposed to the standard language of
"...the effective date of the adoption of this ordinance." With the removal of the 1975
requirement, there were only 415 additional lots that could currently be handled
13
VIII.-PUBLIC HEARING
ITEM E.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
D April 15,2008 March 31,2008 (Noon) D June 17,2008
D May 6, 2008 April 14,2008 (Noon) D July l, 2008
D May 20, 2008 May 5, 2008 (Noon) D July 15, 2008
D June 3, 2008 May 19,2008 (Noon) [gJ August 5, 2008
Date Final Form Must be Turned
in to City Clerk's Office
June 2, 2008 (Noon)
June 16,2008 (Noon)
June 30, 2008 (Noon)
July 14,2008 (Noon)
c,
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1"1'1",
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D AnnouncementslPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda [gJ Legal
D Code Compliance & Legal Settlements D UnfInished Business
D Public Hearing D
RECOMMENDATION: Please place this tabled item on the August 5, 2008 City Commission Agenda under
Public Hearing and Legal, Ordinance - First Reading. The City Commission on July 15, 2008 tabled this request to allow
additional time for preparation of the corresponding ordinance. For further details pertaining to this request, see attached
Department Memorandum No. 08-056.
EXPLANATION:
PROJECT:
AGENT:
DESCRIPTION:
Administrative Adjustment Revisions (CDRV 08-004)
City initiated
Request for amendments to the LDR, Chapter 2. Zoning, Section 5, making all properties
developed for single-family homes eligible for administrative setback adjustments
regardless of date of platting.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
ector
J~
City Manager's Signature
Assistant to City Manager
~
Zv /7 ~
Planning ~ ng Director City Attorney / Finance
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 08-004 Administrative Adjustment Revisions\Agenda Item Request Admin.Adjustment
Revisions CDRV 08-004 8-5-08.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
ORDINANCE NO. 08-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING LAND DEVELOPMENT
5 REGULATIONS, CHAPTER 2 "ZONING", SECTION 5 TO
6 DELETE REFERENCE TO JUNE 13, 1975; PROVIDING
7 FOR CONFLICTS, SEVERABILITY, CODIFICA TION
8 AND AN EFFECTIVE DATE.
9
10
11 WHEREAS, the Development Department has made recommendations to amend the
12 City Code to allow greater flexibility for staffs ability to process home additions in single
\3 family residential zoning districts: and
14 WHEREAS, the City Commission has considered those recommendations and finds
15 that those amendments will facilitate the processing of request for home additions in single
] 6 family zoning districts.
17 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
] 8 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
19
Section 1 .
The foregoing whereas clause is true and correct and is now ratified ar
20 confirmed by the City Commission.
21
Section 2.
Sub-sections B.2.c.. C.2.c.. D.2.c and E.2.c of Section 5 of Chapter 2 of the
n Land Development Regulations are amend as follows:
y'
_J
8.2. Building and site regulations:
24
25 c. For lots platted prior to the effective date of this ordinance June ] 3.~ the
26 following administrative adjustments to the minimum yard setbacks may be allowed. subject to
27 provision of justification by applicant:
28
29 C.2. Building and site regulations:
30
3 ]
c. For lots platted prior to the effective date of this ordinance June 13. ] G75. the
following administrative adjustments to the minimum yard setbacks may be allowed. subject to
provision of justification by applicant:
~,
J_
33
34
1-
S '.CA\Urdlnances\LDR Changes\Amendlllg LDR. - Chapler 2 - :' etTective dale dClc
2 D.2. Building and site regulations:
3
4 c. For lots platted prior to prior to the effective date of this ordinance] line 13, 1975,
5 the following administrative adjustments to the minimum yard setbacks may be allowed,
6 subject to provision of justification by applicant:
7
8 E.2. Building and site regulations.
9
] 0 c. F or lots platted prior to prior to the effective date of this ordinance] line 13, 1975, the
]] following administrative adjustments to the minimum yard setbacks may be allowed, subject to
12 provision of justification by applicant:
] 3
]4
Section 3.
Each and every other provision of the Land Development Regulations
] 5 not herein specifically amended, shall remain in full force and effect as originally adopted.
] 6 Section 4. All laws and ordinances applying to the City of Boynton Beach In
17 conflict with any provisions of this ordinance are hereby repealed.
]8
Section 5.
Should any section or provision of this Ordinance or any portion thereof
19 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
20 remainder of this Ordinance.
21
Section 6.
Section 7.
Authority is hereby given to codify this Ordinance.
This Ordinance shall become effective immediately.
22
23
24
FIRST READING this _ day of
,2008.
- 2 -
S\CA \Ordinances\LDR Changes\Amending LDR - Chapter 2 - 5 effective date. doc
SECOND. FINAL READING AND PASSAGE this
dav of
Jill-:
2
3
CITY OF BOYNTON BEACH. FLORlD/\
-l
5
6
Mayor - Jerry Taylor
7
8
9
10
II
12
Vice Mayor . Jose Rodriguez
Commissioner- Ronald Weiland
13
14
15
16
17
[8
19
20
21
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
ATTEST:
Y) Janet M. Prainito. CMe
23 City Clerk
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25
26 ( Corporate Seal)
27
~ \CAIOrdmances\LOR ChangeSV\lllending LDR - Chapter 2 - ~ effective datc doc
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 08-056
DATE:
RE:
Chair and Members
Planning & Developmpd
Michael W. Rum~
Director of Planning and Zoning
Ed Breese b8;
Principal Planner
June 9,2008
Administrative Adjustment Revisions (CDRV 08-004)
TO:
THROUGH:
FROM:
NATURE OF REOUEST
Pursuant to the format established by the City Commission, staff forwards those portions of the
Land Development Regulations (LDR) currently under review, as an incremental step to
updating the zoning regulations. In a few circumstances, staff has forwarded recommended
re~ to the LDR in an effort to implement them immediately. The most recent presentation
of this nature involved the elimination of the hotel density language in the Planned Industrial
Development (PID) district.
This particular request addresses building setbacks, and would further assist in the ability of
homeowners to renovate or construct additions to their homes. This amendment is designed to
further previous Commission action and should better accommodate the residents' desire to
expand their living area, in many cases, without the need of one or more variances. In.particular,
all lots within single-family residential zoning districts woUld be eligible for administrative
adjustments of setbacks, not just those lots platted prior to June 13, 1975.
BACKGROUND
In 2005, staffbrought forward a code amendment (CDRV 05-007) to allow greater flexibility in
staff's ability to process home additions in single-family residential zoning districts. A copy of
the previous staff report has been attached as a reminder of the previous Commission action (see
Attachment "B"). At the time, staff utilized the date of the last re-write of the LDR to establish a
demarcation between what could be handled administratively and what would require
Commission action. In essence, lots platted prior to June 13, 1975 would be subject to staff
review and those platted subsequently would have to be approved by the Commission. This date
was chosen to coincide with the language contained in the ''Non-Conforming Lots" section of the
CDRV 08-004
Page 2
LDR. After repeated requests from property owners oflots platted after June 13, 1975, staff has
re-examined the necessity of utilizing this date as opposed to using the standard language of:
"the effective date of the adoption of this ordinance".
The previous setback amendments were designed to support minor home expansions while
reducing the need for, and number of, variance applications. At the time, both staff and the City
Commission heard from a number of residents about the difficulty in meeting the hardship
criteria contained within the variance process. In most cases, no peculiarities existed to a given
lot or situation, and staff was compelled to recommend denial of the request. In some instances,
the applicant indicated, though they did not wish to move out of their home or the City, their
expansion plans could not be accommodated where they were. Since the formal adoption of the
administrative adjustment and associated regulations by the City Commission in 2005, fewer
variance applications have been filed and a number of home expansions have occurred v.'ithout
the difficult and lengthy process previously encountered.
By removing the language "lots platted prior to June 13, 1975", staff would have greater
flexibility in working with the owners of the remaining 415 single-family lots that were excluded
from the original amendment. These additional lots would be subject to the same regulations as
those of the 2005 amendment, including the requirement of a justification statement, photographs
of the existing conditions and adjacent properties, and notification of abutting property owners.
PROPOSED AMENDMENTS
Existing regulations:
As noted above, the request is to remove the reference to June 13, 1975 relative to administrative
adjustments. In particular, the language contained within Chapter 2. Zoning, Section 5.B.2.c, and
applicable to all single-family zoning districts (R1- AAB through R-1) reads as follows:
2. Building and site regulations
c. For lots platted prior to June 13, 1975, the following administrative adjustments to the
minimum yard setbacks may be allowed, subject to provision of justification by
applicant.
Proposed relrulations:
Staff proposes that the reference to the date of June 13, 1975 be stricken from regulations
contained within paragraph 5.B.2.c., to affect all single-family residential zoning districts (Rl-
AAB through R-l), and therefore amended to read as follows:
2. Building and site regulations
c. For lots platted prior to the effective date oftbis ordinance, the following administrative
adjustments to the minimum yard setbacks may be allowed, subject to provision of
justification by applicant.
CDRV 08-004
Page 3
RECOMMENDATION
Staff recommends that the proposed amendment to Land Development Regulations, Chapter 2.
Zoning, Section 5, B. 2.c., C. 2.c., D. 2.c. and E. 2.c., be approved, in order to create a consistent
set of regulations for all single-family residential lots platted to date.
IS :\Planning\SHARED\ WP\sPECPROJ\CODE REVIEW\CDRV 08-004 \Administrative Adjustment Revisions\.doc}
EXHIBIT B
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-050
TO: Chair and Members of Community Redevelopment Agency Board
and Planning and Development Board
THROUGH: Michael W. Rumpf
Director of Planning and Zoning
FROM: Ed Breese
Principal Planner
DATE: March 31, 2005
SUBJECT: CODE REVIEW (CDRV 05-007)
Land Development Regulation Revisions (Setbacks, Fences, Accessory Structures)
NATURE OF REOUEST
Pursuant to desires of the City Commission, staff forwards those portions of the Land Development
Regulations currently under review, as an incremental step to updating the zoning regulations. These
portions address building setbacks and related issues, and would assist in the ability of homeowners to
renovate or construct additions to their homes. These proposed regulations should better accommodate the
residents' desire to expand their living area, in many cases, without the need of one or more variances.
BACKGROUND
There is a high demand for home expansions within the city, as indicated by previous variance
applications, and by recent inquiries made to staff and elected officials regarding expansions plans and the
variance process. Variances, of course, have the burden of requiring hardship for not conforming to the
letter of the law, or in this case, zoning ordinance. In most cases, no peculiarities existed to a given lot or
situation, and staff was forced to recorrunend denial of the request. In some instances, the applicant
indicated, though they did not wish to move out of their home or the City, their expansion plans could nol
be accommodated where they were, under the current land development regulations. With this being the
case, staff made the setback issue their number one priority in the revisions to the land development
regulations and therefore forwards these amendments first.
ANALYSIS
Staff reviewed numerous old variance applications to determine the extent to which the requests
encroached into the required setbacks. It was determined that the rear setback variance was most frequently
requested. This in many ways makes sense, since it is typically the largest area of the yard in which to
expand the house, an addition to the rear of the house usually better integrates with the existing floor plan.
and the addition would generally be further removed from street noise. Additionally, staff examined the
existing land development regulations and those from the previously adopted code to gain a better
understanding of the rules under which many of the homes where constructed. This insight into the built
environment helped form the basis for recommended changes to the land development regulations. Again,
Page 2
CDR V 05-007
EXHIBIT B
understanding the Commission's desire to promote home improvements and expansions without a complex
process and onerous hardship criteria, without degrading neighborhood quality, staff crafted the following
modifications (see also Exhibit "A"): and
Reduction in rear yard setback requirements from 25 feet to 20 feet in all single-family
districts.
Creation of an Administrative Adjustment (like currently existing in the code for non-
conforming lots) to allow additional reductions in all yard setbacks. The proposed adjustments
are minimal, again like those currently in the code for non-conforming lots, and would look
something like this for a RIAA single-family lot, platted prior to June 13, 1975:
Front Setback - 25 feet.
Rear Setback - 20 feet.
Side Setback - 10 feet.
With Administrative Adjustment - 20 feet.
With Administrative Adjustment - 15 feet.
With Administrative Adjustment - 8 feet.
Establishment of criteria for the review and approval of Administrative Adjustments
(see Exhibit HB "), which pertains to compatibility with the established character of the
neighborhood, reasonableness of the request and massing of the building or addition.
Creation of a Special Rear Yard Setback Reduction for properties abutting the railroad rights-
of-way, 1-95 rights-of-way, canals, lakes, Intracoastal Waterway, parks, golf courses ,and
community perimeter walls; and public use, recreation, commercial and industrial zoning
districts. This reduction would decrease the rear setback from 20 feet to 10 feet. This special
rear yard setback is applicable to one-story additions only.
The remaining provisions help clarify certain language already in the code regarding corner
lots and through lots, and also denote that these provisions are not applicable to any PUD
without formal action of the HOA and a Master Plan Modification. These provisions would
also not supercede any setbacks recorded on plats.
While reviewing building setbacks, two related issues surfaced that require updating and clarification. The
first involves Accessory Buildings (storage structures). Staff regularly receives numerous complaints,
from residents desiring to install a shed, regarding both the maximum height regulation (7 feet) and the
minimum separation requirement (12 feet) from the principal structure. Very few manufacturers of pre-
fabricated sheds make a model that meets the City's height regulation. The few companies that do typically
only make one model, thereby limiting consumer choices for storage structures. The second issue involves
the separation requirement for accessory structures. This requirement has, in some instances, made it
impossible for a homeowner to place a shed on their property. Since a homeowner can now go to a place
like Home Depot and buy a shed that physically attaches to the house, our code is fairly outdated.
Discussion with the City's Building Code Administrator and the Fire Marshall has confirmed that there are
no issues of concern for allowing sheds in close proximity, or attached to a house. As such, staff
recommends the following amendments to the code:
Removal of the twelve (I2) foot separation requirement between accessory structures and the
principal structure, thereby allowing storage structures to be immediately adjacent to or
attached to the house; and
Allow an increase in maximum height for storage structures from seven (7) feet to nine (9) feet;
and.
Retain existing requirements for maximum square footage of storage structures (100 square
feet) and minimum setback requirements (three (3) feet from rear and side property lines).
The other related issue involves Wall, Fence and Hedge Regulations. In an effort to clarify requirements
for walls and fences in Residential Zoning Districts, as to their placement and maximum height dependant
upon placement, staffrecommends the following minor rewording of the code:
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 24, 2008
There was discussion with respect to implementation of a specific use condition to
assist Mr. Weiner's client in leasing the building. Attorney Cherof reminded the board
that the agenda item did not call for a site specific discussion and would not be
appropriate in the context of staffs presentation.
Mr. Rumpf noted this project had been expedited in order to assist the property owner.
Messrs. Weiner and Douglas indicated they would be amenable to the use of the first
and second floors.
Motion
Mr. Saberson moved to approve staffs request for amendments to the Land
Development Regulations, Chapter 2. Zoning Section 8-A. M-l Industrial District, to add
provisions and regulations for selected industrial and non-industrial uses of properties
that front an arterial or collector roadway, with the exception that professional offices
be allowed on second floors in buildings along the corridors. Ms. Grcevik seconded the
motion that passed unanimously.
E. Administrative Adjustment Revisions
Code Review
1.
PROJECT:
Administrative Adjustment Revisions
(CDRV 08-004)
City initiated
Request for amendments to the LDR,
Chapter 2. Zoning, Section 5, making all
properties developed for single-family homes
eligible for administrative setback adjustments
regardless of date of platting.
AGENT:
DESCRIPTION:
Mr. Breese advised in 2005, staff brought forward a Code amendment to allow greater
flexibility in staffs ability to process home additions without individuals having to go
through the variance process. At that time, staff utilized the date of the last rewrite of
the LDR for matters that could be handled administratively and matters that required
Commission action.
The requested amendment would further previous Commission action and better
accommodate the needs of residents to expand their living areas without the need for a
variance. All lots within single-family residential zoning districts would be eligible for
administrative adjustments for setbacks, not just those lots platted prior to 1975. Staff
had received several requests from individuals who had lots platted after 1975. Staff
reconsidered the necessity of utilizing this date as opposed to the standard language of
"...the effective date of the adoption of this ordinance." With the removal of the 1975
requirement, there were only 415 additional lots that could currently be handled
13
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 24, 2008
through an administrative adjustment at staff level. Therefore, staff was requesting the
1975 provision be removed, with the effective date being the date of the adoption of
the ordinance.
Discussion ensued as to notice requirements. Mr. Breese noted the Code required a
notice be sent to abutting property owners. However, staff allowed individuals to
request the adjustments as long as they provided a signed consent from the abutting
property owners, or proof of notice. If a neighbor objected, a decision would be made
administratively, and the applicant would be required to meet the criteria of the
administrative adjustment.
Motion
Mr. Poznak moved to approve the request. Mr. Myott seconded the motion that passed
unanimously. The meeting adjourned at 9:13 p.m.
8. Other
None
9. Comments by members
None
10. Adjournment
Motion
Mr. Poznak moved to adjourn. Ms. Grcevik seconded the motion that passed
unanimously.
Stephanie D. Kahn
Recording Secretary
070108
14
/'~'"'. " ." ,......C; /_
(,
~ -
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 City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 15,2008 March 31, 2008 (Noon) 0 June] 7,2008 June 2, 2008 (Noon)
0 May 6, 2008 April 14,2008 (Noon) 0 July 1, 2008 June 16,2008 (Noon)
0 May 20, 2008 May 5, 2008 (Noon) (-' July 15,2008 June 30, 2008 (Noon)
:...I
0 June 3, 2008 May 19,2008 (Noon) 81 August 5, 2008 July 14,2008 (Noon)
0 AnnouncementslPresentations [8J City Manager's Report
NATURE 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: Staff recommends the removal of a boat dock in the City owned public road right of way on N.E.
12th Avenue. The history to this saga is attached, entitled "NE 12th Avenue Seawall and Mariner's Way Seawall Review".
This addresses the repairs of an existing seawall located behind an existing lift station (City lift station #204) subsequent to a
significant rainfall event in the Spring of 2000 of the general area.
EXPLANATION:
This is certainly an unusual sitution in that a public road right of way (N.E. 12th Avenue) extends into a water-filled canal.
Public use of this right of way is not as clearly defmed as we normally encounter in a road right of way. Normal parking
restrictions, for example, do not apply. Plus, the right of way is not accessible to the general public because it is
fenced!blocked with dense landscaping.
As noted in the staff report attacbed, the City constructed a dock within this right of way tbat is now being used for dockage
pmposes. Any use of this dock presents us not only with issues of cost and fair and equal access, but concerns about liability
as well. If the City knowingly allows this dock to be used by the public, or any private entity for that matter, then the City
assumes as certain amount of responsibility for the maintenance of the dock to ensure proper use and minimum liability.
Because of the bizarre nature of this dilemma, we are presented with a wide variety of solutions to this matter.
The options for the City Commission to consider are as follows;
1. Keep the right-of-way ofN.E. 12th Avenue that extends into the adjacent canal connection with the waters of the
Intracoastal Waterway. The approximate size of the right-of-way extension into said waterway is 23.5 feet long
by 50-feet wide. The impact(s) to consider are as follows:
a. Close the boat docking to the attached seawall walkway completely. This would require our Code
Enforcement Division to monitor this area on a regular basis. It would be desirable to remove the
dock in this scenario.
b. Close the boat dockage overnight only. This would require our Code Enforcement Division to monitor
this area on a regular basis.
c. Allow boat dockage, and if so, under what premise.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
This poses a number of questions to consider:
Do we open the dockage up to all the public or only the adjacent residents?
Does the City collect rent because this would have value? How do we choose the renter?
Should the city use a license agreement?
What is the value of the boat dockage worth to the city? The probable going typical rental rate is about
$6,000 per year for a 24 to 27 foot vessel.
Does the city issue dockage permits for the existing dock space and sign it as permit parking only?
d. Remove the boat dock walkway at an approximate estimated cost of $13,000.
2. Abandon the extension of the right-of-way into the said adjacent canal. The impact(s) to consider are as
follows:
a. Under the straight abandonment statutes, the north half would go to the Mariner's Way HOA, Inc., and
the south half would go to the private owner of Lot 1 of the Lake Worth Mariner Village HOA, Inc.
b. The eastern edge of the seawall cap (behind the city's lift station) is approximately 23.5 feet west of the
current east roadway right-of-way line. This would mean that the existing boardwalk (a wood
dockway) would be the maintenance responsibility of the two (2) adjacent HOAs.
c. Should the City sell the excess right-of-way because of its value (especially to the adjacent property
owners)?
d. If the adjacent residents are not interested in buying the excess right-of-way, does the city then lease it
out to whom may want it (after the proper advertising)?
e. If the public does not want the excess right-of-way, does the city just give it to a charitable
organization?
Staff Recommendation
Although staff has identified a number ofaltematives herein, most alternatives benefit residents adjacent to the dock or
those that reside near the dock that could avail themselves to the potential dockage. However, if the greater public good
is found to be a determining element, then staff recommends that the dock be removed completely. In this scenario, the
public right of way can continue into the canal with no adverse public impact. Elimination of the dock will relieve the
City from any future dock maintenance, will greatly reduce potential liability associated with accidents in the public right
of way, and will eliminate all other "landlord" associated responsibilities. Each of the maintenance and liability concerns
can have far greater impact than any revenue received from licensed use of the public right of way.
Should the Commission choose to abandon the right of way to allow this valuable amenity to be used by adjacent
property owners, staff recommends that fair market value of the land be sought in exchange for the property.
PROGRAM IMP ACT: Currently the jurisdiction of the wood dock lies within the right-of-way ofN.E. 12th Avenue,
located adjacent to the seawall in support of the existing lift station. Maintenance of the lift station and support seawall is a
responsibility of the City's Utilities Department. Status or disposition of the wood dock is the question.
FISCAL IMPACT: The City has an opportunity to charge a fee for the usage of the existing dockway, or the elimination of
any obligation for maintenance thereof.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C1( ..,...v..C)/_.
,~' . .. . "
'~ .
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
AL TERNA TIVES: Refer to options under EXPLANA nON above.
j
~
City Manager's Signature
Assistant to City Manager ~
Public Works / Engineering Division
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
NE 12th AVENUE SEAWALL
AND
MARINER'S WAY SEAWALL REVIEW
June 9, 2008
Approximately in the Spring of 2000, a significant rainfall event occurred at the east end of NE
Ii Avenue as it abuts a canal connecting with the waters of the Intracoastal Waterway. Located
at the intersection ofNE lih Avenue and the roadways known as Mariner's Way (to the north)
and Willard Way (to the south), is a City Utilities Department lift station which serves both of
the developments. For a point of information, the developments are:
Lake Worth Mariner Village (to the south)
P.B. 33, Pages 41 & 42, P.R.P.B.C. (06/28/77)
Mariner's Way (to the north)
P.B. 52, Page 193, P.R.P.B.C. (02/08/86)
The rainfall event caused "bowed" damage to the support seawall behind the lift station (within
the 50-foot right-of-way ofNE 12th Avenue). A topography survey was done by the Engineering
Department for the Utilities Department in April 2000. A consultant was retained to evaluate the
seawall; this report was presented in July, 2000. The Utilities Department subsequently
determined that repairs were required (behind the lift station) and retained another consultant to
design the "N.E. lih Avenue Drainage Improvement and Seawall Replacement" plan, which
was issued at the end of September 2001. A public meeting with the area homeowners was held
on August 12, 2001 to inform them of the repairs that the city was about to embark upon. The
plan reflected the new concrete panel-batter pile seawall along with an "attached" wood dock
(walkway) paralleling the concrete wall. Approximate length of the seawall is 68 feet.
Mariner's Way record plat reflects that its Unit #l's property had an existing seawall at the time
of platting.
Certain drainage easements were necessary, so the Boynton Mariner Village Association, Inc.
granted a drainage easement to the City in November 2001. The project was completed about
June, 2002.
In January 2008, it was observed that private boat-crafts were moored up to the seawall and
decking that was installed with the seawall replacement noted above. Research of the records
found that the craft named "Larson" is titled to David A. Hemingway, 610 Mariner's Way (Unit
#1) Boynton Beach, FL. 33435. The other craft named "Sea Ox" has an out-of-state registration
belonging to Donald Williams, 5689 Boynton Bay Circle, Boynton Beach, FL. 33437, tele.
#735-7668.
Building Department records reflect that Mr. Hemingway received a FDEP Permit (File #50-
0180116-001,-002,-003 for the purpose of adding 66 feet of wood dock and seawall for the
addresses of 610, 614 & 618 Mariner's Way on 03108/01 (him and his two adjacent neighbors).
He then received a permit (#01-1216) from the City's Building Department for the construction
of same on 04/16/01. His construction preceded the city's seawall rebuilding effort. Several
other dock and seawall permits were issued to the other units on Mariner's Way, but virtually all
of them (mostly issued in the 1990s) preceded the city's rebuilding effort. City records to not
reflect any other permits issued that affect the right-of-way ofNE 12th Avenue and its extension
into the canal waters.
Discussions between the City and the two (2) HOAs as to taking over the ownership and
maintenance of the seawall and the adjacent replacement dockage apparently took place in the
early part of this decade. Petitions issued by the HOAs apparently reiected having the seawall
deeded to the association(s). However, these two (2) HOAs thus became involved with dredging
of the 'canal' in February 2008, contracting with the Snyder Industries, Inc. of Lighthouse Point,
FL. They were advised that permits would be required from the city as well as the Army Corps
of Engineers (ACOE) [for navigable waterway].
The City's Code Enforcement Division became involved in March/April 2008 noting that area
resident(s) were docking their vessels to the dockage located at the terminal end of the canal
(located within the city's right-of-way for N.E. 1ih Avenue extending eastward of the rebuilt
seawall), having no permit from the city to do so; citing a potential daily fine for failure to
relocate their vessels until the situation was rectified. This situation continues to this day
although fines are not being assessed.
Respectfully submitted,
r
.... ..,:/.', tv i 1 /( I /;,
r " ~. ~ ~J ....-..-....__
H. David Kelley, Jr., ~E/PSM
City Engineer
.
E-Mail Correspondence
Page 1 of 1
livergood, Jeffrey
")m: seamus murphy [murphy1825@bellsouth.net]
_cmt: Friday, June 27,20082:24 PM
To: Livergood, Jeffrey
Cc: BLanteri@aol.com; Bob Kirkland; spwplumb@aol.com; rmelley@gmconstruction.net
Subject: Docks on City property
Dear Mr. Livergood-
I have lived in this neighborhood for 12 years and was present when the last seawall collapsed. When I first moved in there were
no docks at the end and there were no problems. The docks erected before the collapse were erected by the adjacent
homeowners, I have no idea if they ever had permission from anyone to build them. I doubt it.
My main concern is this; The Associations adjacent to the seawall do not want to take on the liability of another collapse. If you are
considering giving up title I responsibility for this parcel of property to an individual, I would think that you would require a sizeable
insurance policy be placed on the property. I don't know what the storm runoff system the city has placed upon that lot would cost
to replace, along with the seawall itself, but I believe it would be beyond the means of one or two homeowners. This was the main
reason Mariners Way Homeowners association declined the offer of ownership after the collapse of the previous seawall.
If you are considering renting the space, I would be interested, as probably many others would be. If this is the case please let me
know.
Best regards,
Seamus Murphy
760 Mariners way
Boynton Beach, FI
~~'15
136-2899
6/30/2008
Page 1 of 1
Livergood, Jeffrey
"lm: BLanteri@aol.com
",.mt: Friday, June 27, 2008 4:24 PM
To: livergood, Jeffrey
Cc: belindabythesea@bellsouth.net; bkirkland@hotmail.com; capthislop@bellsouth.net; Cmnye13@aol.com;
rob@melleyconstruction.com; murphy 1825@bellsouth.net
Subject: Re: Docks on City property
,Jeff,
Mr. Murphy has sent copies of emails on the dock/seawall situation. I am a
homeowner at 756 mariners way and an 11 year resident of the hoa.
Placing the property in the hands of an individual with all the equipment
and liability is not in the best interest of this neighborhood. Should they
have to post a monetary bond, letter of credit or assets and secure ample
liability insurance so as not to let this fall back on the residents if they fall
in any way in the event of of loss?
· ~hink that the city should take a hard look at this so as not to create a
uardship for neighboring fellow taxpayers.
Thanks,
Bob Lanteri
742-3037
Gas prices getting you down? Search AOL Autos for fuel-efficient used cars.
6/30/2008
Page 1 of 4
Livergood, Jeffrey
'om: Paula Melley [paula@melleyconstruction.com]
_ent: Friday, June 27, 200810:38 AM
To: Livergood, Jeffrey
Cc: rob@melleyconstruction.com
Subject: RE: Canal Dock
Jeff,
Our primary concerns are fairly straight forward.
1.) LIABILITY: If something happens to a person along that seawall, who is responsible? The individual whose boat is docked
there, or us as individual taxpayers? Not only that, what if the seawall fails again? Are we to assume that the city will pay the tab,
even with someone's private property installed on this space?
2.) FAIRNESS: How is it that one individual living within the city of Boynton, has free access to this seawall for their own private
property, without any consideration given monetarily for that space, not to mention consideration given to other residents in the
community who may be struggling to find boat dockage?
3.) VALUE OF THAT DOCKAGE SPACE: Marina Delray's current rate for renting dockage space, including tax, is $26.63/foot.
So, for reference, a 35' boat, per month, costs $932.05/month to dock. That's a yearly cost of $11,184.60. To buy a dock (see
attached) the current market value for a boat dock comparable in size is appraised at $75,779. Docks at Marina Village sold for
roughly $100,000 per dock and are now on the market for $125,000. These prices include amenity access to the property and a
parking space and reflects dockage that could accommodate a boat up to 36'.
4 , PUBLIC LAND FOR PRIVATE USE: This pretty much speaks for itself. The city has very clear rules about individuals parking
:s, boats, trailers, etc., in public right-of-ways. While this is a somewhat grayer issue, this water way, is still considered a city
11~.lt-of-way due to the lift station being there and the fact that the canal was once a road. If there are other individuals in need of
this space, at the very least, the city should establish a lottery system for this dockage, whether it be for a term of 1 - 5 years or to
purchase it outright.
5.) CARRYING COSTS: Contrary to what the homeowner in question told you, a sampling of our neighborhoods indicate
they want no part of having the city abandon this property and hand over possession to our neighborhoods to cover the
maintaining, insuring and repairing of this seawall in the event it should fail again. But one of our neighbors is clouding the issue
by placing whips on the property and utilizing it as if it were their own. When the seawall originally failed, Manatee Cove's
HOA recorded a seawall agreement document between the HOA and the three homeowners closest to the seawall that clearly
indicated they wanted no part of being responsible for this seawall in the future.
You may be hearing from other members of our neighborhood either echoing our concerns or sharing additional ones. We will
make sure to advise all of the residents in both Marina Village and Manatee Cove of the impending City Commission meeting
taking place July 15th, where this seawall will be an agenda item. Also, I am trying to get a hold of the petition that circulated
through our neighborhood indicating they want no part. The resident is question is apparently on holiday through the 4th.
A sincere thank you again for your attention to this issue.
Regards,
Paula
From: Livergood, Jeffrey [mailto:LivergoodJ@cLboynton-beach.fl.us)
Sent: Thursday, June 19, 2008 4:11 PM
Tn: Paula Melley
ject: Canal Dock
Paula,
Our staff report is nearly complete. I think we have captured all the issues (more questions actually than solutions).
6/30/2008
Page 2 of4
You and I have had numerous discussions I mails on this. If you had to give me your top ten concerns and issues related to the
dock, could you list them for me? This will allow me to be sure that Dave covers everything in his report.
,r, in brief, we are looking at the following options and concerns. These are not questions of you so don't respond.
1. Keep the Right of Way, and if so,
. Keep the dock. In this scenario does the City assign a license to use the right of way and, by default, the dock? In the City,
we need to be fair to all residents. How do we choose who gets to license the space? What if someone from the western
part of the City said they were interested and would offer more money. All residents paid equally to have the wall and dock
constructed. Should they have an equal right to use it? This is a tough one. We could keep the dock and allow daytime
parking only or short term lease of the space. This might be nice for all area residents if they have company who has a
boat. Might have problems with sharing though. There could be other alternatives in this vein so please think about this
concept. Do you see any other options here?
· Remove the dock completely. This would eliminate all arguments and concerns. No boat parking would be allowed
because there would be only a seawall with no mooring capability. This might be a good solution.......
2. Abandon the Right of Way to adjacent property owners. Should this come with a cost to the person(s) getting the right of way?
Sometimes the City requires payment and other times not. To my knowledge, the City has never forcibly abandoned a right of way
and required payment for that land. Usually, payment for the land is made as a result of an abandonment request by the
adjacent, interested party. Fair market value of the asset is paid to the City. Sometimes no payment is required, even in that
scenario, because the City may benefit in the long run by no longer having an asset that must be maintained with tax dollars.
Whether there is payment or not also depends on the value of the land I asset. In this case, we know there is value.
3. Do nothing. City would enforce restrictions to boat parking. I would suggest to the Commission that we entertain a new
ordinance governing use of waterways since we know that the intent of current restriction to boat parking in the right of way was
not meant for this type of bizarre situation. Enforcement in this scenario would be an ongoing nightmare.
, we acknowledge your e-mail of June 18 stating that a petition signed by 80% stating the association was against taking
ownership of the seawall. Will you be submitting this to me?
Summary
I have hit the highlights but, like I commented, I am also interested in your feedback and questions. The more information in the
report to the Commission, the easier it will be for them to choose a direction in a timely manner.
Paula, we have spoken about how unique and difficult this matter is. I have promised we will come to resolution on this matter and
I intend to fulfill that pledge.
Jeff
Jeffrey R. Livergood, P.E.
Director of Public Works and Engineering
City of Boynton Beach, Florida
561-742-6201
Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure. Under
Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to
public disclosure.
-----Original Message-----
From: Paula Melley [mailto:paula@melleyconstruction.com]
Sent: Thursday, June 19, 2008 1:46 PM
To: belindabythesea@bellsouth.net
6/30/2008
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IX.-CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM B.
AGENDA ITEM REQUEST FORlYl
Date Final Fonn Must be Turned
in to City Clerk's Office
Requested City Commission Date Final Fonn Must be Tumed Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
D April 15, 2008 March 31, 2008 (Noon) D June 17,2008
D May 6, 2008 April 14, 2008 (Noon) D July 1, 2008
D May 20, 2008 May 5, 2008 (Noon) D July 15, 2008
D June 3, 2008 May 19,2008 (Noon) ~ August 5, 2008
June 2, 2008 (Noon)
June 16, 2008 (Noon)
June 30, 2008 (Noon)
July 14,2008 (Noon)
D Announcements/Presentations ~ 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
D Public Hearing D
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RECOMMENDATION: Permit staff to use all available resources to help citizens understand a proposed amendment to the
Palm Beach County Charter that will enable them to make an informed decision in voting for the proposed amendment
EXPLANATION: In April 2007, the City Commission approved Resolution No. 07-039, which provided support for a
proposed amendment to the Palm Beach County Charter that would allow city voters to opt out of county regulations that
don't fit their city. If the amendment is adopted, proposed changes to the County Charter that affect city service, function,
power or authority would require approval of both voters countywide and voters within the affected city. Ifa majority of
residents within an affected city do not approve the Charter Change, it would not take effect within that municipality. The
proposed amendment will be on the November 4,2008, ballot
Ballot Title: Require both county and municipal approval of charter amendments affecting municipal power or function.
Ballot Language: Shall the Palm Beach County Charter be amended to have charter amendments that are approved by a
majority of Palm Beach County voters take effect in a municipality only if the amendment is also approved by a majority of
voters in that municipality, when the proposed amendment transfers or limits a municipal service, function, power or
authority?
Staff is seeking guidance from the Commission on I.) The level of advocacy and engagement the City wishes to pursue in
supporting this amendment; 2.) What message the City wishes to communicate; and 3.) What means and methods the City will
use to deliver the message. In adopting Resolution No. 07-039, the Commission affirmed that the dissemination of
information concerning the impacts of this amendment on the citizens of the county and the City is essential to the health,
safety, protection and welfare of the City and its citizens.
Attachments for historical background are:
Exhibit A - April 3, 2007 Agenda Item - Adopting Resolution R07-39 - Supporting the Proposed Amendment
Exhibit B - May 1,2007 Agenda Item - Adopting Resolution R07-013 - Supporting Principles of Home Rule
PROGRAM IMPACT: In March 2007, the Board of Directors ofthe Palm Beach League of Cities voted to support the
petition drive and made a financial contribution to the Let Us Vote political committee. Let Us Vote was formed to facilitate
the citizen initiative. The Let Us Vote committee is chaired by Palm Beach Mayor Jack McDonald. Resolution 07-039
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
declared the proposed charter change serves a public purpose and authorized the use of funds and dissemination of
information regarding the change.
FISCAL IMPACT: None. Staff would be utilizing its various methods of communication. including but not limited to
television, print and Internet communication. In May 2007, the Commission authorized a contribution of$27,900 from
unobligated General Fund Reserves to help offset the cost of the petition gathering process for this referendum per Resolution
07-013.
AL TERNA TIVES: Not to actively participate in informing citizens about the proposed charter change.
vJ.y;' ~h~r~ -'1f7')
,. Depa nt He s Signature "
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Assistant to City Manager _ ~.
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Department Name
City Attorney I Finance
SIBULLETINIFORMS\AGENDA ITEM REQUEST FORM DOl'
EXHIBIT A
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested Clt) Commission Date Fmal Fornl Must be Turned Requeste<l City Commission Date Final Form Must be Turned
M~~liilld;l;tle,' in.~ity Clgk's Office Meeting Dates i!lJQ..~ Clerk's Office
0 December 5. 2006 }.;ovember 20,2006 (Noon) 0
0 Januar) 2.2007 December 18. 2006 (Noon') 0 Mareh 5. 2007 February 12,2007 (Noon)
0 Januar) 16.2007 January 2. 2007 (Noon) 0 Mareh 20. 2007 March 5. 2007 (Noon)
0 J.cbruary 13,20U7 January 22, 2007 0 April 3, 2007 March J 9, 2007 (Noon)
0 Announcements/Presentations 0 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: Approve Resolution No. 07- ____, to support the proposed amendment to the Palm Beach County
Charter and serve a public purpose. It provides that the dissemination of information concerning the impacts of this
amendment on the (;itizens of the CDunty and the City is essential to the health, safety, protection and welfare of the City and
its citJ/:ens.
EXPLANATION: Pursuant to the Palm Beach County Chaner, citizens may propose changes to the Charter, and those
proposed changes must be placed on the ballot for referendum. Such an amendment is being proposed by the citizens by
means of a petition drive and wi II be subject to approval by the voters if sufficient signatures are gathered and if it meets all
criteria set forth in the Charter and applicable State Law. Local democratic governments should assist its citizens in
understanding issues of great impurtance to them by providing information in order that they may make an informed choice.
The rroposed Palm Beach Count)' Charter Amendment Petition reads:
BALLOT TlTLE: Requires Both County and Municipal Voter Approval for Charter Amendments Affecting Municipal
Powers or Functions.
BAl.LOT SUMMARY: Shall Article 6, Section 3 of the Palm Beach County Home Rule Charter be amended to require that
a majority of Voters of Palm Beach County and a majority of Voters in each municipality voting in a referendum must
approve any amendment to the Charter which transfers or limits a function, service, power or authority of any municipality in
the county?
The anached bhibit <'A" is a copy of the petition and gives full text of the proposed amendment.
PROGRAM IMPACT: On Wednesday, March 14,2007, the Board of Directors of the Palm Beach League of Cities voted
to support the petition drive and made a financial contribution to the Let Us Vote political committee. Let us Vote was
formed to facllitate the citizen initiative. The Let Us Vote Committee is chaired by Palm Beach Mayor Jack McDonald. The
rcsolulJon declares the proposed charter change serves a public purpose and it authorizes the use of funds and dissemination
of informatIon regarding the change.
FISCAL 1M PACT: The $] 5,000 In the form of a projected dues surcharge equal to approximately one year's dues to the
Palm Beach County LCilgue of Cities would need to be an appropriation from the City's Reserves Fund.
AL TERNA TlVES: Not to approve the resolution or assist in cost of the petition campaign and referendum campaign.
~ \lJUI.I.FTlN'FORMS\AGEJ\DA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
I kr'lrtr11l.:nl I le'll!', Sl~lla\lln:
il\ Miinager.s Signa~~~hj
A5slslanllc' Cif\ Manasel LjlYYL/
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Department Name
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II
I RESOLUTION NO. R07- O~q
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA (THE "CITY") FINDING THAT
5 THE EXPENDITURE OF MONEY IN SUPPORT OF THE
6 PROPOSED AMENDMENT TO THE PALM BEACH COUNTY
7 CHARTER SERVES A PUBLIC PURPOSE; PROVIDING THAT
8 THE DISSEMINA nON OF INFORMATION CONCERNING THE
L) IMPACTS OF THIS AMENDMENT ON THE CITIZENS OF THE
10 COUNTY AND THE CITY IS ESSENTIAL TO THE HEALTH,
II SAFETY, PROTECTION AND WELFARE OF THE CITY AND ITS
12 CITIZENS; PROVIDING AN EFFECTIVE DATE.
13
14
] 5 WHEREAS.. the Board of County Commissioners has proposed certain amendments to
16 the Palm Beach County Charter (the "Charter") over the years; and
17 WHEREAS, pursuant to the Charter, the citizens may also propose changes to the
] 8 Charter; which proposed changes must be placed on the ballot for referendum if all criteria set
I L) forth in the Charter have been met; and
20 WHEREAS, such an amendment is being proposed by the citizens by means ofa petition
21 dri ve and will be subject to approval by the voters if sufficient signatures are gathered and if it
22 meets all criteria set forth in the Charter and applicable State Law; and
23 WHEREAS, the City of Boynton Beach desires that its citizens be fully infonned as to
24 the impact of this proposed amendment; and
25 WHEREAS, the City Commission believes that it is a duty of local democratic
26 government to assist its citizens in understanding issues of great importance to them by providing
27 information in order that they may make an infonned choice; and
28 WHEREAS, the City Commission believes that such municipal leaders have a duty and a
29 right to offer their opinion as to which course of action they think would be best for the City and
30 its citizens, and that such use of their offices is clearly for a public purpose.
31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OFTHE
32 CITY OF BOYNTON BEACH AS FOLLOWS:
33 Section 1: The foregoing "WHEREAS" clauses are true and correct and hereby
34 ratified and confinned by the City Commission.
Page 1 of2
:).,CA'RFSO'.!'xpendnures \0 serve publte purpose doc
II
Section 2:
The City Commission finds that it is necessary and in the publ1c
2 interest of the citizens of the City of Boynton Beach and the City, and essential to the health.
3 safety, protection and welfare of the City of Boynton Beach and the City, for the City to npcnd
4 public funds and resources to utili!,c the time of its employees, and to utilize Its various methods
5 of communication (including but not limited to television, print, and internet communicatJon) In
I
6 I' order to educate the public concerning the proposed referendum question which is attached hereto
7 . as Exhibit "A" and the impact it will have on the City and its citizens,
s
Section 3: This Resolution shall take efTect immediately upon passage,
PASSED AND ADOPTED this. :P,. _ day of Apnl, 2007.
l)
10
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12
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CITY OF BOYNTON BEACH, FLORIDA
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EXHIBIT "A"
RO'i-03 "
PALM BEACH COUNTY CHARTER AMENDMENT PETITION FORM
.lder Florida law, it is a first degree misdemeanor to knowingly sign more than once a petition or petitions for a candidate, a minor
Utical party, or an issue. Such offense is punishable as provided in s. 775.082 or s. 775.083. (Section 104.185, Florida Statutes]
Name
Date of Birth
Please Print Name as it Appears on Voter Information Card
Residential Street Address
City Zip
I am a registered voter of Palm Beach County and hereby petition the Supervisor of Elections to place the following ballot title,
summary and charter amendment on the ballot in the next election available for such purpose pursuant to Section 6.3 of the Palm
Beach County Charter after final verification of the full number of signatures necessary by the Supervisor of Elections.
BALLOT TITLE: Requires Both County and Municipal Voter Approval for Charter Amendments Affecting
Municipal Powers or Functions
BALLOT SUMMARY: Shall Article 6, Section 3 of the Palm Beach County Home Rule Charter be amended to
require that a majority of Voters of Palm Beach County and a majority of Voters in each municipality voting in
a referendum must approve any amendment to the Charter which transfers or limits a function, service, power
or authority of any municipality in the county?
FULL TEXT OF THE PROPOSED AMENDMENT:
Section 6.3 Home Rule Charter Amendments
ill Amendments to this Home Rule Charter may be proposed by the Board of County Commissioners by an
affirmative vote of at least four (4) members, subject to approval by the voters of Palm Beach County in a
referendum. The Home Rule Charter amendment may also be initiated by seven (7) percent of the number
of voters qualified to vote in the last general election, and the initiated amendment shall be presented and
verified in the manner and time set forth in Article V, Section 5.1. The Home Rule Charter amendment so
initiated shall be placed on the ballot on the first Tuesday ~fter the first Monday in November of any year or
in connection with a presidential preference primary occurring at least thirty (30) days after verification. If
approved by a majority of those who voted, the Home Rule Charter amendment shall become effective on
the date specified in the amendment, or, ifnot so specified, on January 1 following the election. Each
amendment to this Home Rule Charter shall be limited to a single and independent subject.
ill Notwithstanding subsection (1). absent the approval of a majority of the voters of Palm Beach County
voting in a referendum. and the approval of a maiority of the voters of each municipality voting: in a
referendum. this Charter may not be amended to transfer or limit a function. service. power or authority of
any municipality within the County.
EXHIBIT B
CITY OF BOYNTON BEACE
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Fonn Must be Turned
Meetinl! Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April!7,2007 April 2,2007 (Noon.) 0 June 19,2007 June 4,2007 (Noon)
~ May I, 2007 April 16,2007 (Noon) 0 July 3, 2007 June 18,2007 CNoon)
0 May IS, 2007 April 30,2007 (Noon) 0 July 17,2007 July 2,2007 (Noon)
0 June 5, 2007 May !4, 2007 (Noon) 0 August 7, 2007 July 16,2007 CNoon)
0 AnnouncementsfPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [g\ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Authorize appropriation of$27,900 from un-obligated General Fund Reserves to help off-
set cost of petition gathering process for proposed referendum on home rule per Resolution 07-013.
EXPLANATION: Currently, discussions are underway with members of the Palm Beach County Board of
Commissioners to agree to place an item on the ballot that would affirm local municipal home-rule authority. Four of seven
members of the County Commission must agree to place an item on the ballot if petitions are signed by 7% of the registered
voters in Palm Beach County or 53,576 petitions needed. If the Board of County Commission agrees to place the item on the
ballot, funds will still be needed to provide public information on the issue.
PROGRAM IMPACT: This is policy implementation for Resolution 07-013 (attached)
FISCAL IMPACT: (Include Account Number where funds will come from) -- $27,900 is a formula recommended by the
Palm Beach County League of Cities representing 2 times the City's annual dues, Funds would need to be appropriated from
the City's un-obligated General Fund balance which has funds set aside for unanticipated expenses.
AL TERNA TIVES:
Do not authodze apptopriat;on 0[$27,900 or aUthOd~~.,
Department Head's Signature '- City anager's Signature
CHECK NO.:
148906
CITY OF BOYNTON BEACH
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
Bank of America ~
63.4/630 ~
DATE: 05/04/2007
PAY TWENTY SEVEN THOUSAND NINE HUNDRED AND 00/100 IXJLLARS ****************
:::::':AU . . u::
$ * * * * *27,900.00
VOID AFTER 60 DAYS
PA Y TO THE ORDER OF
LET US VOTE COMMITTEE
NON-NEGOTIABLE
CITY OF BOYNTON BEACH
LET US VOTE COMMITTEE
CHECK NO:
DATE INVOICE NUMBER DESCRIPTION AMOUNT
05/03/2007 INV050207 DONATION 27900.00
RESOLUTION NO. R07- 0 13
')
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, SUPPORTING AND ENDORSING THE
5 PRINCIPLES OF HOME RULE AND ADOPTING THE POLl eIES
6 SET FORTH BELOW TO SUPPORT THE PREMISE THAT THE
7 CITY SHOULD HAVE THE AUTHORITY TO GOVERN WITHIN
8 ITS JURISDICTION; FURTHER PROVIDING THAT SUCH
9 AUTHORITY SHOULD NOT BE ERODED; PROVIDING A:'
10 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
11
12
13 WHEREAS, Chapter 166, Florida Statutes, entitled "Municipalities" and known as the
14 "Municipal Home Rule Powers Act" provides a broad grant of authority to all municipalities to
15 enable them to exercise any power for municipal purposes, except when expressly prohibited by
16 law; and
17 WHEREAS, Section 2(b), Article VIII, State Constitution, protects the rights of
18 municipal government by means of language which reads as follows:
19 Municipalities shall have the governmental, corporate, and
20 proprietary powers to enable them to conduct municipal
21 government, perform municipal functions and render municipal
22 services, and may exercise any power for municipal purposes,
23 except as otherwise provided by law; and
24
25 WHEREAS, the legislature recognizes that, pursuant to the grant of power set forth in
26 Section 2(b), Article VIII, State Constitution, the legislative body of each municipality has the
27 power to enact legislation conceming any subject matter upon which the state legislature may act
28 except for those subjects specifically listed at Section 166.021(3)(a)-(d); and
29 'VHEREAS, municipalities are voluntary fonus of government and would not exist if
2
WHEREAS, Residents in a community decide to incorporate in order to govern
themselves and to gain a greater degree of control over issues that impact their quality oflife and
property interests directly; and
WHEREAS, municipalities represent the form of government which is closest to the
people and therefore many people expressly choose to live within municipalities in order that their
ideas may be heard on a more personal basis; and
WHEREAS, a similar resolution was adopted by the Palm Beach County League of
Cities, Inc. on November 22, 2006; and
WHEREAS, the City of Boynton Beach desires to preserve this unique responsive form
of government, wishes to support the Palm Beach County League of Cities, Inc. and believes it to
be in the best interests of its citizens to adopt this Resolution formally stating its position.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH AS FOLLOWS:
3
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7
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10
11
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16
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Section 1: The City of Boynton Beach believes that when issues are in conflict
between Palm Beach County and a municipality or several municipalities, such conflict should be
resolved by the following:
A. Approval by the governing body of the municipality or municipalities
affected; or
B. Approval by a majority of the electors within the County and a majority of
the electors within the affected municipality or municipalities.
1
Section 3:
This Resolution shall be fOlwarded to the Board of County Cornmissionel'h
2 the Palm Beach County Administrator, the Palm Beach County League of Cities, Inc. and the
3 State Senators and Representatives elected from the jurisdiction of the City ofBoymon Beach
4
Section 4:
5
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This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this lto day of Ja..oUlLr'l
ATTEST:
m.P~
,2007
CITY OF BOYNTON BEACH, FLORIDA
~~f6(~
'ayor J ~ny; aylor
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-----,
April 13, 2007
Dear Fellow Mayor:
'-,,: ':>~;.
I want to inform you about a petition drive to ch"hge the Palm Beach co\'ffity"qharter to
allow cities true home rule. ..,. '/
I want to introduce you to our group.., We are called (~{;;y~,vote Political Committee and
we are gathering support in the form otm~plutions, raisiilg::reeney, and most importantly
fathering petitions to support Home Rule'h~re:,~.~~alm Beacb/CQunty.
We are in the process of building a website~ It;i{:~~~:WWWJe~svote.info, at that site
you will be able to do~a'(!i:~e. petition, get:answers t9~rrequently asked questions, and
contact us. .:: C,,: '
You can currently con~tiBe. a~;~;:.:.,,;.,.
Let Us Vote Eolitical Comiiii'ftee'.' ,.
P 0 B 32'S'> '~:'~1~~~":::~-~~;;':?, . ~; '::',~~:.
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Palm Beach, FL 3348{)':<:c'
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If you have questions, need a copy of a sample resolution, or box of petitions shipped to
you, please contact me and.we will work together to improve the Charter.
Thank you.
Jack McDonald
Town of Palm Beach Mavor
XII. - LEGAL - 1st Reading
ITEM C.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORIVI
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 April IS, 2008 March 3\, 2008 (Noon) D June 17,2008
D May b. 2008 April 14.2008 (Noon) D July I, 2008
D May 20, 2008 May S, 2008 (Noon) D July 15,2008
D June 3. 2008 May 19, 2008 (Noon) ~ August S, 2008
Date Final Form Must be Turned
in to City Clerk's Office
June 2, 2008 (Noon)
July 14.2008 (Noon)
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June 16,2008 (Noon)
June 30. 2008 (Noon)
D Ann oun cern ents/Presentati ons D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda ~ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Adoption of Ordinance amending the provision of City Code which prohibits the sale of alcoholic
beverages on Sunday mornings.
EXPLANATION: At a recent City Commission a member of the public expressed concern that it was not possible to
purchase alcoholic beverages from licensed establishments in the City on Sunday mornings, notwithstanding the ability to do
so in other municipalities, To eliminate the Sunday morning restriction on the sale of alcoholic beverages, the City
Commission would need to amend Chapter 3 of the Code of Ordinances to strike those provisions which currently address
Sunday morning sale of alcoholic beverages. The draft Ordinance retains the 2:00 a.m, to 8:00 a.m. restriction on all days of
the week except New Years Day.
State law allows for municipalities to regulate the hour of sale of alcoholic beverages.
PROGRAM IMPACT: None.
FISCAL IMPACT:
Possible increase in sales tax revenue.
Take no action and maintain the Sunday morning prohi~it/.
~'r~
City Manager's Signature
Assistant to City Manager ~
City Attorney
Department Name
City Attorney I Finance
S\BULLETINlFORMS\AGENDA ITEM REQUEST FORM.DOC
ORDINANCE NO. 08-
2
.3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA AMENDING
5 CHAPTER 3, "ALCOHOLIC BEVERAGES", AMENDING
6 SECTION 3-4, "HOURS OF SALE", TO ELIMINATE THE
7 CURRENT RESTICTION ON THE SALE OF ALCOHOLIC
8 BEVERAGES ON SUNDAY MORNING; AND PROVIDING
9 FOR CONFLICTS, SEVERABILITY, CODIFICATION AND
10 AN EFFECTIVE DATE.
11
12 WHEREAS, the City Commission of the City of Boynton Beach finds that it is in the
13 best interest of the public to remove the City's restriction of the selling of alcoholic beverages on
14 Sundays.
15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
16 CITY OF BOYNTON BEACH, FLORIDA, THAT:
17
Section 1.
Each Whereas clause set forth above is true and correct and incorporated
18 herein by this reference.
19
Section 2,
That Chapter 3. entitled "Alcoholic Beverages". Section 3-4. is hereb\
20 amended as follows:
21
22
ec. 3-4. Hours of sale.
')~
..:...:J
It shall be unlawful to sell, deliver or consume or permit the sale, delivery, service or
onsumption on the premises where such licensed business is conducted. of:
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:\CADrdinances\Alcohol on Sundays.doc
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(c) The above time limitations prohibiting sale, delivery or consumption of alcoholic
beverages of more than one per cent alcohol by weight. bet'.veen the hours of2:00 a.m. and 8:00
a.m. on all days e,ccept Sunday shall not be applicable on January first of each year.
(d) ,^Jcoholic beverages of more than one per cent of alcohol by weight in sealed containers
for consumption off the premises between the hours of2:00 a.m. and 8:00 a.m, on all '.veekdays
and Saturdays, and on Sundays bet'.veen the hours of2:00 a.m. and 12:00 noon.
(a) For purposes of this section, the term "alcoholic beverages" means distilled spirits and all
beverages containing one-half of 1 percent or more alcohol bv volume.
(b) It shall be unlawful to sell, deliver or consume or permit the sale, delivery. service or
consumption of alcoholic beverage( s) on the premises where such licensed business is conducted,
between the hours of2:00 a.m. and 8:00 a.m., on any day of the week, except New Years Dav.
Section 3.
Each and every other provIsIOn of Chapter 3, not herein specifically
amended shall remain in full force and effect as previously enacted.
Section 4.
All ordinances or parts of ordinances in conflict herewith be and the same
are hereby repealed.
Section 5.
Should any section or provision of this ordinance or portion hereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the remainder of this ordinance,
Section 6.
Authority is hereby granted to codify said ordinance.
Section 7.
This ordinance shall become effective immediately upon its passage and
doption.
FIRST READING this _ day of
,2008.
:\CA \Ordinances\Alcohol on Sundays.doc
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SECOND, FINAL READING AND PASSAGE this _ day of ~____
.2008,
CITY OF BOYNTON BEACH, FLORIDA
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Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
rrEST:
anet M. Prainito, CMC
ity Clerk
CORPORA TE SEAL)
: \CADrdinances\Alcohol on Sundays. doc
XII. - LEGAL - 1st Reading
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Rt'quested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meetin~ Dates
D April 15, 2008 March 31,2008 (Noon) D June ]7,2008
D May 6. 2008 April 14, 2008 (Noon) 0 July I, 2008
0 May 20, 2008 May 5, 2008 (NDDn) 0 July] 5, 2008
0 June 3. 2008 May 19,2008 (NDon) C8J August 5, 2008
Date Final FDrm Must be Turned
in tD City Clerk's Office
June 2, 2008 (NDon)
June] 6, 2008 (NDon)
July 14,2008 (NDOn)
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June 30, 2008 (Noon)
0 Ann ouncem ents/Presentation s 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda C8J Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Adoption of Ordinance amending Ordinance 08-003.
EXPLANA TlON: On February 19, 2008 the City Commission adopted Ordinance 08-003 which provided for the
inclusion of the Gulfstream Gardens project in the Community Redevelopment Area. Following adoption the Palm Beach
County Appraiser's office notified the Community Redevelopment Agency that Lot 44 was not included notwithstanding its
earlier annexation into the City, The original legal description was provided by the Developer. This Ordinance cures the
omission of Lot 44 by the adoption of an Amended Exhibit"A".
PROGRAM IMPACT: None.
~~
City Manager's Signature
VvwV
City Attorney
Department Name
1 ance
S \BlJLLETIMFORMS\AGENDA ITEM REQUEST FORM,DOC
ORDINANCE NO. 08-
2
3
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
ORDINANCE 08-003 TO CORRECT THE OMISSION OF
LOT 44 FROM THE LEGAL DESCRIPTION;
RECONFIRMING INCLUSION IN THE COMMUNITY
REDEVELOPMENT AREA OF THE PROPERTY
DESCRIBED IN AMENDED EXHIBIT "A" AND
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
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13 WHEREAS, the City Commission of the City of Boynton Beach heretofore adopted
] 4 Ordinance 08-003 which provided for inclusion of the Gulfstream Gardens development project
15 which had previously been annexed into the City, into the Community Redevelopment Area:. and
16 WHEREAS, the legal description of the Gulfstream Gardens development project \vas
] 7 incorrect by the omission Lot 44; and
18 WHEREAS, it was and remains the intent of the City Commission to include in tl-
19 Community Redevelopment Area all of the property described in Exhibit "A" as now amended
20 and attached hereto.
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
-n CITY OF BOYNTON BEACH, FLORIDA, THAT:
,~
-j
Section 1.
Each Whereas clause set forth above is true and correct and incorporated
24 erein by this reference.
25
Section 2.
Ordinance 08-003 is amended for the purposes of deleting Exhibit "Y'
26 hereto in its entirety and a new Amended Exhibit "A" is substituted in its place and stead. In all
27 ther respects Ordinance 08-003 shall remain as originally adopted.
28
Section 3.
Each and every other provision of Ordinance 08-003 not herein
29 'pecifically amended shall remain in full force and effect as previously enacted.
-: -CA\Ordinances\Gulfstream Gardens Legal description AmendmenLdoc
Section 4.
2 are hereby repealed.
3
Section 5.
All ordinances or parts of ordinances in conflict herewith be and the same
Should any section or provision of this ordinance or portion hereof, any
4 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
5 decision shall not affect the remainder of this ordinance,
6
Section 6.
7
Section 7,
8 adoption.
Authority is hereby granted to codify said ordinance.
This ordinance shall become effective immediately upon its passage and
,2008.
FIRST READING this _ day of
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,2008.
SECOND, FINAL READING AND PASSAGE this _ day of
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CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
:\CA \Ordinances\Gulfstream Gardens Legal description Amendment.doc
2
ATTEST:
2
3
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5 Janet M. Prainito, CMC
6 City Clerk
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10 (CORPORATE SEAL)
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':'CA\Ordinances\Gulfstream Gardens Legal description Amendment,doc
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
1 00 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 1 00
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, 44, 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:\PlanningISHARED\WPIPROJECTSIGulfstream CiardenslGULFSTREAM GARDENS Annexed
Properties Legal Description.doc
l - 1st Reading
Xll. - lEGA
If EM C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl
Requested City CommIssion Date Final Fonn Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 Apnl 15,2008 March 31, 2008 (Noon) 0 June 17,2008
0 May 6, 2008 April 14,2008 (Noon) 0 July 1, 2008
0 May 20. 2008 May 5, 2008 (Noon) 0 July 15,2008
0 June 3. 2008 May 19,2008 (Noon) ~ August 5, 2008
Date Final Fonn Must be Turned
in to Cit'l Clerk's Office
June 2, 2008 (Noon)
June 16,2008 (Noon)
June 30, 2008 (Noon)
July 14,2008 (Noon)
0 An noun cern ents/Presentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
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RECOMMENDA TION: Adoption of Ordinance amending the Community Redevelopment Plan to amend the boundaries of
the Community Redevelopment Area.
EXPLANATION: The Museum of Lifestyle and Fashion History seeks the inclusion of property they have purchased
into the Community Redevelopment Area so that they might potentially benefit from CRA policies, programs and incentives.
The Community Redevelopment Agency has conceptually approved the inclusion of the property and will make a formal
recommendation by the adoption of a Resolution on August 12, 2008, a copy of that Resolution is attached.
PROGRAM IMPACT: Inclusion of annexed properties in the defined Community Redevelopment Area will bring those
properties under the jurisdiction of the Community Redevelopment Agency for purposes of redevelopment incentives and
programs. The Community Redevelopment Agency will receive the benefit ofTIF revenues
FISCAL IMPACT:
There will be an increase in future TIF revenues to the CRA and a revenue loss to the City,
~~;ERNA T~ Take~ ":::d thereby ceject ;ndu,;o" ofthe7~:mun;ty R,devolopment
Department Head's Signature CIty anager's Ignature
~
City Attorney
Department Name
S \BlILLETINlFORMSIAGENDA ITEM REQUEST FORM DOC
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ORDINANCE 08 -
")
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AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING THE
COMMUNITY REDEVELOPMENT PLAN TO EXPAND
THE BOUNDARY DESCRIPTION TO INCLUDE REAL
PROPERTY HEREIN DESCRIBED AND COMMONLY
REFERRED TO AS THE MUSEUM OF LIFESTYLE AND
FASHION HISTORY SITE; ACCEPTING A
RECOMMENDATION FROM THE COMMUNITY
REDEVELOPEMENT AGENCY TO IMPLEMENT THE
AMENDMENTS PROVIDED HEREIN; DIRECTING THE
CITY ADMINISTRATION TO TAKE SUCH ACTION AS
NECESSARY TO EFFECTUATE THE INTENT OF THIS
ORDINANCE; PROVIDING FOR CONFLICT,
SEVERABILITY, CODIFICATION; PROVIDING FOR AJ\
EFFECTIVE DATE.
WHEREAS, Florida Statute 163.36 J provides for amendment or modification of a
Community Redevelopment Plan including changes in boundaries of the redevelopment area to
dd land to or exclude land from the redevelopment area; and
WHEREAS, the City Commission has provided notice of and conducted a public hearing
n the proposed modification of the Community Redevelopment Plan hereinafter set forth in
ccordance with the requirements of State law; and
WHEREAS, the City Commission has heretofore described the boundaries of the
ommunity Redevelopment Area by adoption of Ordinance 00-59; and
WHEREAS, the City Commission finds that the properties \vhich are the subject of this
oundary amendment constitute a reasonable and appropriate expansion of the Community
edevelopment Area in that the properties encompass slum or blighted conditions; and
WHEREAS, the City Commission has considered and accepts the recommendation from
he Community Redevelopment Agency as expressed in Community Redevelopment Agenc)
esolution 2008-06; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
Page I of 3
.IL'A IOrdmances\L'RA\CRA BOUNDARY AMENDMENT (museum Idoc
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i CITY OF BOYNTON BEACH, FLORIDA:
2
Section 1.
That the foregoing "WHEREAS" clause is true and correct and hereby
3 ratified and confirmed by the City Commission.
4
Section 2.
The Community Redevelopment Plan is amended to amend the
5
boundaries of the Community Redevelopment Area to include the properties hereinafter
6
described. Section 2-13.5, which sets forth the legal description of the Community
7
Redevelopment Area, is amended to include the following properties:
Lot 7, Block 2 of BOWERS PARK, according to the Plat thereof as recorded in Plat
Book 11, Page 57, of the Public Records of Palm Beach County, Florida.
Lot 9, Block 2, of BOWERS PARK, according to the Plat thereof, as recorded in
Plat Book 11, Page 57, of the Public Records of Palm Beach County, Florida.
Lots, 10, 11, 12, 13, 14, 15, 16 and 17, Block 2, of BOWERS PARK, according to
the Plat thereof as recorded in Plat Book II, Page 57, of the Public Records of Palm
Beach County, Florida.
Section 3.
The City's administrative staff is directed to take appropriate action,
'ncluding but not limited to, coordination of effort with the Community Redevelopment Agency
taff and the Palm Beach County Property Appraiser's office to effectuate the intent of this
rdinance. There shall be no retroactive reallocation of ad valorem or TIF revenues between the
ity and the Community Redevelopment Agency by virtue of the adoption of this Ordinance.
Section 4.
All prior ordinances or resolutions or parts thereof in conflict herewith are
25 ereby repealed to the extent of such conflict.
26
Section 5.
If any section, sentence, clause, or phrase of this Ordinance is held to be
27 nvalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no
28 ay affect the validity of the remaining portions of this Ordinance.
Page 2 of 3
'ICA IOrdinanceslCRA ICRA BOUNDARY AMENDMENT (museum),doc
Section 6. It is the intention of the City Commission of the CITY OF BOYNTO)\'
I BEACH, Florida, that the provisions of this Ordinance shall become and be made a part of the
3 CITY OF BOYNTON BEACH Code of Ordinances: and that the sections of this ordinance ma)
4 be renumbered or relettered and the word "ordinance" may be changed to "section." "article." or
5 such other appropriate word or phrase in order to accomplish such intentions.
6
Section 7, This Ordinance shall be effective immediately after adoption by the Cit\
7
Commission.
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PASSED FIRST READING this
day of
.2008.
SECOND AND FINAL READING ADOPTED this
day of
.2008,
CITY OF BOYNTON BEACH. FLORIDA
Mayor- Jerry Taylor
Vice Mayor - Jose Rodriguez
"
Commissioner - Ronald Weiland
,""
__1
24
25
Commissioner - Woodrow L Hay
26
'7
-I
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) 1
Commissioner -- Marlene Ross
TTEST:
32
33 anet M. Prainito, CMC
34 ity Clerk
35
36 Corporate Seal)
Page 3 of 3
\CA,OrdlllancesICRAICRA BOUNDARY AMENDMENT (museum) doc
\
FISCAL IMPACT OF AMENDING THE COMMUNITY REDEVELOPMENT PLAN TO INCLUDE MUSEUM
PROPERTIES WITHIN CRA BOUNDARIES
Prelimina General Fund Milia e Rate 6.4553 & Taxes
FY 2008-2009 FY 2008-2009 FY 2008-2009 FY 2008-2009
Total All 3 Property Property Property
Pro erties -0070 -0090 -0100
Total 2007 Taxable Value $ 928,448 $ 158,559 $ 161,467 $ 608,422
Millage Rate 6.4553 6.4553 6.4553 6.4553
Total Gross Taxes $ 5,993 $ 1,024 $ 1,042 $ 3,928
Less Discounts -3.5% $ (210) $ (36) $ (36) $ (137)
Approximate Loss of City Ad Valorem Taxes $ 5,784 $ 988 $ 1,006 $ 3,790
CRA District:
TIF Taxable Value $ 928,448 $ 158,559 $ 161,467 $ 608,422
Millage Rate 6.4553 6.4553 6.4553 6.4553
Gross Tax Increment $ 5,993 $ 1,024 $ 1,042 $ 3,928
0.95 0.95 0.95 0.95
City Tax Increment @95% to CRA $ 5,694 $ 972 $ 990 $ 3,731
Estimated County Tax Increment@ 50% $ 2,847 $ 486 $ 495 $ 1,866
(Approximate FY 2007 Relationship to City
Property Taxes)
Approximate Increase of CRA TIF Revenues $ 8,541 $ 1,459 $ 1,485 $ 5,597
.
Legend
W-@@E
MLFH Parcels
Streets
c=J Boynton Beach Tax Parcels
o 45 90
180
270 360
Feet
- -
Palm Beach County Prope11y Appraiser Property Search System
Page 1 of2
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Property Information
1~~~~~,atMi.1
Location Address: 124 SE 2ND AVE
Municipality: BOYNTON BEACH
Parcel Control Number: 08-43-45-28-12-002-0070
Subdivision: BOWERS PARK IN
Official Records Book: 21320 Page: 213
Sale Dec-2006
Date:
l,.,e9~IP~.~,cr.iption: BOWERS PARK LT 7 BLK 2
Owner Information
Name: MUSEUM OF LIFESTYLE AND
1~~II;;.OWnfMl.~'f'oi;~l
Mailing Address: PO BOX 6127
DELRAY BEACH FL 334826127
Sales Information
Sales Date Book/Page
Dec-2006 2132,OIO.~U
Apr-2005 Ul,S36j0773
Apr-1995 08728L09~;l
Price Sal~Iy.p_~ Owner
$200,000 WARRANTY DEED MUSEUM OF LIFESTYLE AND
$131,000 WARRANTY DEED ABELL BRYAN R &
$48,000 WARRANTY DEED
[Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Property Information
Number of Units: 1
*Total Square Feet: 1291
Use Code: 0100 Description: RESIDENTIAL
* in residential properties may Indicate living area.
A
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ssesse an axa e a ues
Tax Year: ~QQ7 ~QQ() 2"OQ.5,
Assessed Value: $158,559 $158.526 49.086 ldtrYmu:r~~
Exemption Amount: $0 $0 25.000
Taxable Value: $158,559 ~158.526 24,086
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2005
553
174
727
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1111,.,111118111111111
CFN 20070029269
OR BK 21320 PG 0213
RECORDED 01/19/2807 08:26:08
RESOURCE TITLE COMPANY. rNC. Pal. Beech County, Florida
399 SOUTH FEDERAL HTGHW A Y AlIT 280,000.00
B~ RATON, FLORIDA 33432 Doc Sta.p 1,460.80
\f?op~ Appraisers Parcclldentificalion (Folio) Numbers: 08-43-45-12.niIJ!\RP1b R. Bock, CLERK .. COHPTROLLER
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TIllS W A~Y DEED. made lho 4th day of Jaouary. 2007 by Bryan R. Abell and Kelly R, Abell,
husband and~{e.,,- herein "Riled the grantors, to Museum of Lifestyle & Fashion History, a Florida nol for
proOt corp, . wIi()s,e'pqst office address is 124 SE 2nd Avenue, Boynton Deach, Florida 33435, hereinMler called
the Grantee: (<,--:,
(JYherewr used herei~~ ttrms "grantor" and "grtJllttt" inc/udt 011 (he p41"fieJ 10 thit ;mlnlment ami the htirJ, legal
rvprtsemati\'eJ and osli~flndividvnl$. and ,he SUCCI-nON (lnd (Us/gns of COl'porolions)
WIT N E SSE T Hi.C~at the grantors, for and in consideration of the sum ofTEN AND OO/IOO'S ($10.00)
Doliars and other valuabh(~ilsiderations, receipt whereof is hereby acknowledged, hereby grants. bargains. sells,
aliens, remises, release.s. ~~V',~s.. and continns unto the grant~ all that certain land situate in PALM BEACH
County, Slate of Florida, viz.. ,,,>i <)
~,,,,>
\:,-' )'.,
Lot?, Block 2, of nOWERS;1>A~lli, according to the Plat thereof, a. recorded in Plat Dook 11, Page 57
of lhe Public Records of PalntJJ\~h Counl}', Florida.
(C)~
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TOGET~ER, with all the tenements((f~ditaments and appurtenances thereto belonging Or in anywise
appertammg. (( ~;:
"~>:":>.,
TO HA YE AND TO HOLD. the same in f~~\i?!J~, forever.
, /"c::,.
liND, the granlors hereby covenant with said g\inicfthal the gnmtors are lawfully seized of said land in fee simple;
thallhe grantors have good right and lawful authority to sell and convey said land, and hereby warrantlhe title to
said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of
all encumbrances, except taxes accruing subsequent to December 3 J, 2006.
THiS INSTRUMENT PREPARED BY AND RETURN TO:
Space Above This Line For Recording Data__
IN WITNESS WHEREOF, the said grantors have signed and sealed these presents the day and year firsl above
'\Titten.
Signed, sealed and delivered in the prescnt<: of:
B~~
124 SE 2nd AVMue, Bo)llton Beach, fk><uta 33435
~~
yR. b
124 SE 2nd ^""nue, Boynton B..u.. Florid. 33435
!\
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me Ihis 20th day of Decem er
Kelly R, Abell who are personally known to me or have roduced
identification,
SEAL
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Printed Notary Name
File No: 6-1228
Book21320/Page213
Page 1 of 1
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Property Information
location Address: 116 SE 2ND AVE
'i'i;iciwM!e.w~aD.je;,;~;,;,j1
[_'PYI~jte." J
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Municipality: BOYNTON BEACH
Parcel Control Number: 08-43-45-28-12-002-0090
Subdivision: BOWERS PARK IN
Official Records Book: 20292 Page: 737
Sale A r-2006
Date: P
.!.,~g<ll P~scr:jp-tiQn: BOWERS PARK LT 9 BLK 2
Owner Information
Name: MUSEUM OF LIFESTYLE AND
Mailing Address: PO BOX 6127
DElRAY BEACH FL 33482 6127
1~~lAllbQw.n.et~'i';,*",.;il
Safes Information
Sales Date Boolt/page
Price s..a!~. TYPe
Owner
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Apr-2006 20292/07.::37
Aug-1996 09386/1213
Aug-1996 !l.!i!~86LU1_1
$194,000 WARRANTY DEED MUSEUM OF LIFESTYLE AND
$100 QUIT CLAIM
$43,000 WARRANTY DEED
[ Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Marl<et Value:
.~QO,S
$66 632
45239
111 871
Property Information
Number of Units: 1
*Total Square Feet: 1302
VS~.~Q!t~; 0100 Description: RESIDENTIAL
* In residential properties may Indicate living area.
A
d
dT
bl V I
sse sse an axa e a ues
Tax Year: 2007 2006. ~Q.Q~
Assessed Value: $161,467 63 810 $61 951 1~~~r~~\tl.l4I
Exemption Amount: $0 25 000 $25 000
Taxable Value: $161.467 38 810 $36 951
http://www.co.palm-beach.f1.us/papa/aspx/web/detail_info.aspx?p _ entity=08434528] 20020090&... 6/17/2008
II.IIIIIIIIIIID M IIIIIIIHIIII&II
RcI\lm 10: r.hc~"lOn B..nard
Name: BERNARD TITLE GIIARA1'''T\', I,.,.C.
M~' 1200 N.W, 171h A\'C. Ul
/&?" Delroy lIuch. ""rida JJ44S
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~,' m<nl Prepand.
\,:,,:' ...."') 0 MlckeDson Bfr!llrd .
~ ,~.'_ IIERNARD Tm,E GUARANTY, INC.
\;'1 Ll) 1%00 N.W. t7/h Ave, m
".:.' D~,."y Ouch, florida JJ445
as. nOCllf~l1cldcnlto the Mllllment of conditions
con18lncd'\.iJ>.~e insul'8l1<e commitment issued by it
\~r
Property AP~~ Parcel LD. (Folio) Numbet(s);
08.4J.4S-2~~~2-0090
Grantee(s) S.S:#W~?
File No:200607I!3
'oB,
't....(c;..) WARRANTY DEED
This Warranty Deed ~<<~Jhe 28tb day of April, 2006. by FJLlBERTO ALVARADO, a .iogle maD.
~::::::~C:l;:I:;~~&~~.~ Hlslory, Ioc,. a Florida corporation, whose polrt office address is;
P.O. Box 6127, Delroy Be~~~Q.rlda 33482, hereinafter called the grantee,
1'(':;';
WITNESSETH: Thai said grantol';ifc-.,}lIlld in cOll8idenllion of the Sl1ffi of SlO.OO Dollan and other valuable
considemuons. re<:cipt whereof 15 hJ~1~cknowl~8ed. hereby grB/lts, bargalns, sells, aliens, remises, releases,
conveys and confinns unto the grantee, aJ~\ certain land situate in Palm Brach County, Florida, viz:
Lot 9, Block 2, of Bowers Park, acco-t;Ii~'p- to the plat thoreof, 88 recorded In Plat Book 11, Pagels)
57, of the Public Records of Palm BeallfJ~County, Florida.
~~~f.J~\
r::..:::.t.t;,
CFN 20060264131
OR BK 20292 PG 0737
RECORDED 05/04/2006 13t22101
Pal. Beaoh County, Florida
AIlT 194,000.00
Doo Stenp 1,358.00
Sharon R. Bock,CLERK & COHPTROLLER
Pg 0737; llpgl
The property Is Ihc homestead ofthc Orantorts),
TOGETHER with all the tenement.<, h...edilament.< and awurten.,,= thereto belonging or in anywise apperlllining,
To Have and 10 Hold, the .ame in fee simple forever.
And lhe grantor hereby covenant.< with said grantee that the grantor is lswfully seized of said land In fee simple; Ihat the gnutlCl{
has good right and lawful authority to sell and convey said 'and; that the grantor heRby fully "'''mIllt. the title to said land and
will defend the same agalnS! the lawful clal"" of all pe<tOl1S whomsoever; and that said land Is free of an encumbnoooes, eX""!'t
taxes accruing subsequmt to 2006, reservations. r..lriction. and ...cmcn~ of record, If any.
(T],t t~nru 'lg,.DrUOf" o1Kl "grQIIt,," h,reln Ihall b6 COMlnltd to includ, all g,lJdm IUId sinp/a/' or plural C1J the c:onJul indicatr1.)
In Witness Whereof, Grantor hao hereunto .eI grantor'. hand and seal the day and year first above written,
Witness Signal\lre:
Printed Name:
h'J / he l' f-c) A/va Yc) di'.
'FILlBERTO ALVARADO
STATE OF FLORlDA
COUN1Y OF PALM DEACH
The foregoing in'ln1ment was acknowledged befoTe me this 28th day of April, 2006, by F'ILIDERTO
ALVARADO, a single man, who is/are personsJly known to me or who h ve produced driver license(s) as
identification.
My Commission Expires:711f1007
J\1ACKENSON BERNARD
Notary Public
Serial Number
Book20292/Page737
Page 1 of 1
Palm Beach County Property Appraiser Property Search System
Page 1 of2
.~~1~,!~n:r1(':=::~-;:::::'\. . 'Pwpnrly A.Jlprailior's. P.ublic "CC(lf;~ Systt1.m
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Property Information
l~,}lIA!&..~~g;"'.;i';[';ij
Location Address: 304 S SEACREST BLVD
Municipality: BOYNTON BEACH
Parcel Control Number: 08~43-45-28-12-002-0100
Subdivision: BOWERS PARI( IN
Leg~JPe5Cr,ptJQO:
Sale Jan-2006
Date:
BOWERS PARK LTS 10, 11 lit LTS 12 lit 13 (LESS W 7 FT lit RTN CURVE AREA
SE 2ND AVE, SE 3RD AVE lit SEACREST BLVD R/WS) & LTS
Official Records Book: 19901
Page: 847
Owner Information
Name: MUSEUM OF LIFESTYLE AND
[ :~",,,,,AII.Q.wo.!:r:!,..c:,,'1
~-"iii'l!l ,'~ "~,~[
Mailing Address: PO BOX 6127
DElRAY BEACH FL 334826127
Sales Information
Sales Date Book/ Page
Price $.pl~Iyp-e
Owner
li~'ii;iil",~AlJ~~I~~jl
Jan-2006
Apr-2003
Apr-2003
;l.~~_Q1/Q~4Z $1,250,000
lS059/3,263 $310,000
~5Q~~L1AQ~ $10
WARRANTY DEED MUSEUM OF LIFESTYLE AND
WARRANTY DEED EL GAZA INC
QUIT CLAIM
SNOW JOHN T
[Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
~o_oz 2..0Q(; ~Q05
5182 338 206 671 150,849
&426.084 370.508 240 589
5608 422 577,179 391438
Property Information
Number of Units: 3
*Total Square Feet: 3333
Acres: 1.1294
V~~_(;~?g~: 0100 Description: RESIDENTIAL
* In resIdential properties may Indicate living area.
A e s d nd T x bl V I
S5 S e a a a e a ues
Tax Year: ~Q.oZ :Z.QOG. .~PQ5,
Assessed Value: $608,422 $577 179 $391 438 L;sittY~r~JJ?-Ato~
Exemption Amount: $0 $0 SO
Taxable Value: $608.422 $577 179 $391.438
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
I~Tax.~~I1i!LP!9~)
~~~!@!!ac~~1
9~I~lJl~t~ AdditiOnal]
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http://www.co.palm-beach.fl.us/papalaspx/web/detaiUnfo.aspx?p _entity=08434528120020] 00&.,. 6/17/2008
!1W4t EqaUlJ 5uk. ere
'Will Call,13O
! nIl ~ lr<< vm 1IIIlIIIIU If (11 f &1' If/III IWff
CFN :!0';";.0076~1Q\2
OR BK lB901 PG 0847
RECOfWE:D 1':2107/200t. 14 HI? :22
Pal" BeRch COlont;)', floY'1da
AIIT 1, :!~10, 000. 0~
Doc StaNp B.750.~
Sharon H. Bock,C~SRR & COnPTROLLRR
Pg 0847; (j pgl
THIS II\STRUMF.:'II'l' PREPARED BY AND PJjTURN TO:
Dinah S. Stephenson, Esq.
ffRSTEQurn' TlfLE, U,('
1171 North Congn:"" Ave.
Buynton Oeaoh. Florida 33426
Property i\PJ>mi.er., J'.rcelldcnlific.tioD (Folio) Number;:
Grolll,'" SS h\
__ ~ :::::-~~ SPA..,' A!l()VE TIllS /.HIE FOR RFf'OllDING DATA ___ ,___._
\( /.>
THIS "\\A~TY DEED, made lnc 27th do>' of January, 2006 by EI, (;AZA, J:-Ic., i>::Ji:in cxllc<.l rile
gr""lor, lo\6J\~~~OF UPKSTYLE & FASHION HISTORY, INC. who>o posl office o<I<Ire.. i> 304 S.
Sl!ACREST;~!~~BOYNTO~ BEACH, FL 33435, he1einafta called the Oralll",,:
rWhert.'I\.t 1(.t~~'1;~~~(hl' Ip.l'nlr pOhlt}r" IJnd -KrruttU." u:c/udc nil the P'JrUt..$ /(t chj~ imlrumem uniT ,k~ hl"f'J, I~(tl
0;'f'~t'''1t1,Jr'f!'' il.:ktrL.trl~ tt!ltwu1'dfla/s, nnd Ihe J'lICC.l!SJOf'." aM cJuigm (If cnf'pcfal;orn)
\\..,1/
-- ..,
WIT N E SSE T H.\.o~'r'the 1118Il1or, (or am! ill consideration nflhe "Ull of rE~ AND flO/lW'S (~IO,W) Donar>
and "u,.r \'.lual>l. ~Q~IWlli' receipt wh.~o( is hereby acknowledged, hcrub)' gnl1l1l. baJg,,;n~, sells, aliells,
"'"uses. ",leases, COli'" 4~~c()n(irm. unloln. gramee atlilia, c<rtain land sil\lal~ in PALM BEACH County, SUlte of
FloddM. 'Vii... ..,....~)
r,
/>
Lob II). II, 12, n, i~':i~> 6. and 17, 8Iock 1, of BOWE}{S PARK, a<tording 10 Il1e pial Ihereof ..
recorded in PIal /Joolo: 1': ~_~, of Ih. P~bJJc Rl'<:ords of Palm Beacb Counry, Florldo,
I /!
Subject 10 ."uRlmt" rcstJ'irl(~J~.:lI!';d reservations of record and 10 'ltXeJ; for the year 2006 and lhueafter.
~....\.\
\..<;
TOC.t:;TIIER, with all the lClIements,.tl:cJm1.menri and .ppune/lllllCe:< thereto belol1gillg or In anywise .ppe11ainin....
,-,.">"7
TO ITA Vi: AND TO HOLD, the a.n1.~';ec .ample fOlelfcr,
AND. the gtAntor hereby cOlferullll. with 4~~lee tho( tJ;e &Tantor j. lnwfull;' .e;,-ed of s~id I.nd in fee simple; foal
Ihe gT"Ohlr has good right and lawful authQriIY)i\,~l ao<I <;<love)' .aid land, llnd btttby Wll'TTDnlJ; t~ lille \0 ..td IRod
Hnd will M(end the same a\,,,,inst the I.wfu~ ~*,~f all pelSoN whomsoewr; "od thaI said land i. free or all
encumbn!l\cc" excepltllXc< accruing sUh'CqUC~~F~r ) 1 , 2 OO~.
IN WITJliESS WHEREOF, the ,,",id grantor hR., 'i~~}Q, ~Ied these pr.s<nlS the day and year tinH Doove "rilten,
"':/,/,
Signed, ~"led WId delivered in the preycnce of; \;~ ,;.,~.. " l.
\,C'/)') '~
\{ ;.~,~\
i /\\1 \ I:;L CA1A, me.
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\,(-:\f'ABlON K. EIILF,RS. PRESIDF.NT
ST An: OF Fl.OIUUI\
('Ot-:-<TY 011 PAL.\fBF.ACH
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The forelluing instromen! wa, llCknowlcdg&>d before m. tills 21th dn;' of J8l1UU)'. 2006 by MARION E EHLERS,
)~~d% of EL G^\f<' lNC. 00 behalf of.he corporatulU, He/She is pmuolllly known ." me or h.. pmducC<!
\--{ ,)OAS ~idenlificaliol1. (\
.1
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SEAL
MyColll
(' . REY J 81lia
. SIll> <I PddII
, ....l\J:lo,lllDl
Oil 10782_
:}1\Ii t Natary MIl\.
File No.: 5121U49
Book19901/Page847
(\) \m jC'Of i Sdn ~___
~o~c
Page 1 of 1
1 RESOLUTION 08-06
2
3 A RESOLUTION OF THE BOYNTON BEACH
4 COMMUNITY REDEVELOPMENT AGENCY
5 RECOMMENDING TO THE CITY COMMISSION OF
6 THE CITY OF BOYNTON BEACH FLORIDA THAT
7 THE COMMUNITY REDEVELOPMENT PLAN BE
8 AMENDED TO MODIFY AND EXPAND THE
9 REDEVELOPMENT AREA BOUNDARY
10 DESCRIPTION TO INCLUDE REAL PROPERTY
11 HEREIN DESCRIBED AND COMMONLY REFERRED
12 TO AS THE MUSEUM OF LIFESTYLE AND FASHION
13 HISTORY SITE; AND PROVIDING AN EFFECTIVE
14 DATE.
15
16 WHEREAS, Florida Statute 163.361 provides for amendment or modification of a
17 Community Redevelopment Plan including changes in boundaries of the redevelopment area to add
18 land to or exclude land from the redevelopment area; and
19 WHEREAS, Florida Statute 163.361 requires that the Community Redevelopment Agency
20 make recommendations to the City Commission regarding Plan Amendment, including, but not
21 limited to, boundary amendment; and
22 WHEREAS, the City Commission has heretofore described the boundaries of the
23 Community Redevelopment Area by adoption of Ordinance 00-59.; and
24 WHEREAS, the Community Redevelopment Agency finds that the properties that are the
25 subject of this amendatory ordinance shared the same characteristics as other properties currently in
26 the Community Redevelopment Area and that such properties are slum or blighted areas as those
27 terms are defined in Section 163.340, Florida Statues; and
28 WHEREAS, the Community Redevelopment Agency has reviewed the proposed City of
29 Boynton Beach Ordinance regarding amendment of the Community Redevelopment Area
30 boundaries to include the properties hereinafter described Museum; finds that the intent and
31 purpose of the Ordinance is consistent with the goals of the Community Redevelopment Agency;
S \CA\CRA\CRA Boundary Reso (museum),doc
and supports the passage and adoption of that Ordinance,
2 NOW, THEREFORE, BE IT RESOLVED BY THE BOYNTON BEACH
3 COMMUNITY REDEVELOPMENT AGENCY, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
4
5 being true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2.
The Community Redevelopment Agency recommends modification of the
6
7 Community Redevelopment Plan and the boundaries of the Community Redevelopment Area to
8 include the following properties:
9
10
(a)
The boundaries of the Community Redevelopment Area are as set forth in the
11 following legal description:
12 Lot 7, Block 2 of BOWERS PARK. according to the Plat thereof as recorded in Plat
13 Book 11, Page 57. of the Public Records of Palm Beach County. Florida.
14
15 Lot 9, Block 2. of BOWERS PARK. according to the Plat thereof. as recorded in Plat
16 Book 11. Page 57. of the Public Records of Palm Beach County, Florida.
17
18 Lots. 10, ] 1, 12. ] 3. 14. 15. ] 6 and] 7. Block 2. of BOWERS PARK, according to the
19 Plat thereof as recorded in Plat Book ] 1. Page 57. of the Public Records of Palm
20 Beach County. Florida.
21
22
23
Section 3.
The Community Redevelopment Agency finds that all properties herin
24 described share the same characteristics of the slum and/or blighted properties which surround or
25 are adjacent to them and are therefore these additional properties are suitable for inclusion 111 and
26 will benefit from the Community Redevelopment Agency's redevelopment programs and policies,
Section 4.
This Resolution will become effective immediately upon passage.
27
28
PASSED AND ADOPTED this] 2th day of August. 2008.
S leA ,CR!\ IL 'IC\ Boundary Resu (museum I doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16 APPROVED AS TO PURPOSE:
17
18
19 By:
20 LISA BRIGHT,
21 Executive Director
22
23
24 APPROVED AS TO FORM:
25
26
27 By:
28 JAMES A. CHEROF
29 Board Attorney
30
31
S:\CA\CRA\CRA Boundary Reso (museum) doc
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
Jerry Taylor - Chair
1. Taylor
1. Rodriguez
R. Weiland
W.Hay
M. Ross
'''~\,'C..~...
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XII. - LEGAL - 1st Reading
ITEM C.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlu
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 15, 2008 March 31, 2008 (Noon) 0 June 17,2008 June 2, 2008 (Noon)
0 May 6, 2008 April 14, 2008 (Noon) 0 July I, 2008 June 16,2008 (Noon)
0 May 20, 2008 May 5, 2008 (Noon) 0 July 15,2008 June 30, 2008 (Noon)
0 June 3, 2008 May 19,2008 (Noon) [8J August 5, 2008 July 14,2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [8J Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Adoption of Ordinance amending the Community Redevelopment Plan to amend the boundaries of
the Community Redevelopment Area.
EX PLANA TlON: Ordinance 00-59 which was adopted in November 8, 2000, amended the Community
Redevelopment Area boundaries and extended the reach of those boundaries from the North jurisdictional boundary of the
City to the South jurisdictional boundary. Ordinance 00-59 did not specifically address unincorporated enclaves within the
described Community Development Area boundaries, The purpose of the proposed Ordinance is to clearly establish that
when unincorporated enclaves were or are annexed into the City that there is a corresponding inclusion of those properties in
the Community Redevelopment Area and that those properties are subject to Community Redevelopment Agency jurisdiction.
The Ordinance specifically addresses several projects that were annexed into the City since the adoption of Ordinance 00-59
but which are not reflected in the Palm Beach County Property Appraiser's records as being included in the Community
Redevelopment Area. Adoption of this Ordinance will resolve any doubt regarding the status of those properties as well as
properties which are annexed in the future.
PROGRAM IMP ACT: Inclusion of annexed properties in the defined Community Redevelopment Area will bring those
properties under the jurisdiction of the Community Redevelopment Agency for purposes of redevelopment incentives and
programs. The Community Redevelopment Agency will receive the benefit of TIF revenues not currently being received
since the property is not recognized as CRA property by the Property Appraiser's office.
FISCAL IMPACT:
There will be an increase in TIF revenues to the CRA and a revenue loss to the City.
The Finance Director has prepared a spreadsheet which depicts the parcel information and the taxable value allocation to the
City and the CRA. The CRA staff is evaluating this data. A copy of the spreadsheet is attached.
The estimated taxable value for each of the developments is as follows:
Waterside - Completed 2007 - Estimated Taxable value $32,509,159
Tuscan - Completed 2007 - Estimated Taxable value $10,837,500
Bayfront - Completed 2007 - Estimated Taxable Value $16,4 73,000
Gulfstream Gardens - Vacant - Estimated Taxable Value $15,564,500
Palm Grove - Vacant - Estimated Taxable Value $1,500,000
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES, Amend the eRA boundary d"ignation 10 ,pecifically "7 annexed enclave'
~ -- ~~tuA~~
Department Head's Signature City Manager's Signattlre
City Attorney
Department Name
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
CRA Projects Annexed into Area V of the Federal Highway Corridor Redevelopment Plan
FY of TIF Revenue Received
Approx. Base Approx. 08 Approx. 09 (Note) Fiscal Ad Valorem
Name Project Base Year Assessed Assessed Assess- Year of TIF Millage (PBC TIF Revenue FY 2008-2009 FY 2009-2010 FY 2010-2011
Status Year Value Tax Assessment
Assessment Value (Completion) ment Date Levy & City)
Waterside Complete 07 2005 $ 4,000,000 $32,509,159 1/1/09 2009-10 $ 28,509,159 10,2364 $ 277 ,240 $ 277,240 $ 277,240 $ 277,240
Tuscan Complete 07 2007 $ 1,260,000 $10,837,500 1/1/09 2009-10 $ 9,577,500 10.2364 $ 93,137 $ 93,137 $ 93,137 $ 93,137
Gulfstream Gardens Vacant 2009 $ 15,564,500 $ 77,000,000 1/1/10 2010-11 $ 61,435,500 10.2364 $ 597,434 $ - $ - $ 597,434
Palm Cove Vacant 2007 $ 9,325,000 $ 27,225,000 1/1/08 2008-09 $ 17,900,000 10.2364 $ 174,070 $ - $ - $ 174,070
Bayfront
Complete 07 2005 $
1,500,000 $ 16,473,000
1/1/08 2008-09 $ 14,973,000 10.2364 $ 145,606 $ 145,606 $ 145,606
$ 1,287,487 $ 515,983 $ 515,983
City 6.4553
County 3,7811
~
$ 145,606
$ 1,287,487
(Note) The assumed effective assessment date represents
the January 1 date after the later of: Complete date or
base ear.
CRA Projects Annexed into Area V of the Federal Highway Corridor Redevelopment Plan
FY of TlF Revenue Received
Approx. Base Approx. 08 Approx. 09 (Note) Fiscal Ad Valorem
Project Base Assessed Year of TIF
Name Status Year Year Assessed Value Assess- Tax Assessment Millage (PBC TIF Revenue FY 2008-2009 FY 2009-2010 FY 2010-2011
Assessment Value (Completion) ment Date Levy & City)
----"-"
Waterside Complete 07 2005 $ 4,000,000 $ 32,509,159 1/1/09 2009-10 $ 28,509,159 10.2364 $ 277,240 $ 277,240 $ 277 ,240 $ 277.240
Tuscan Complete 07 2007 $ 1,260,000 $10,837,500 1/1/09 2009-10 $ 9,577,500 10,2364 $ 93,137 $ 93,137 $ 93,137 $ 93,137
Gulfstream Gardens Vacant 2009 $ 15,564,500 $ 77.000,000 1/1/10 2010-11 $ 61.435,500 10.2364 $ 597,434 $ - $ - $ 597,434
Palm Cove Vacant 2007 $ 9,325,000 $ 27,225,000 1/1/08 2008-09 $ 17,900,000 10.2364 $ 174,070 $ - $ - $ 174,070
Bayfront
Complete 07 2005 $
1,500,000 $16.473,000
1/1/08 2008-09 $ 14,973,000
10,2364 $ 145,606 $ 145,606 $ 145,606 $ 145,606
$ 1,287,487 !_~~3 $ 515,983 $ 1,287,487
City
County
6,4553
3,7811
10,2364
(Note) The assumed effective assessment date represents
the January 1 date after the later of: Complete date or
base ear.
CRA Projects Annexed into Area V of the Federal Highway Corridor Redevelopment Plan
FY of TIF Revenue Received
Approx. Base Approx. 08 Approx. 09 (Note) Fiscal Ad Valorem
Project Base Assessed Year of TIF
Name Status Year Year Assessed Value Assess- Tax Assessment Millage (PBC TIF Revenue FY 2008-2009 FY 2009-2010 FY 2010-2011
Assessment Value (Completion) ment Date Levy & City)
Waterside Complete 07 2005 $ 4,000,000 $ 32,509, 159 1/1/09 2009-10 $ 28,509,159 10.2364 $ 277,240 $ 277,240 $ 277,240 $ 277,240
Tuscan Complete 07 2007 $ 1,260,000 $10,837,500 1/1/09 2009-10 $ 9,577,500 10.2364 $ 93,137 $ 93,137 $ 93,137 $ 93,137
Gulfstream Gardens Vacant 2009 $ 15,564,500 $ 77,000,000 1/1/10 2010-11 $ 61,435,500 10.2364 $ 597,434 $ - $ - $ 597,434
Palm Cove Vacant 2007 $ 9,325,000 $ 27,225,000 1/1108 2008-09 $ 17,900,000 10.2364 $ 174,070 $ - $ - $ 174,070
Bayfront
Complete 07 2005 $
1,500,000 $16,473,000
1/1/08 2008-09 $ 14,973,000 10.2364 $ 145,606 $ 145,606 $ 145,606 $ 145,606
$ 1,287,487 $ 515,983 $ 515,983 $ 1,287,487
City 6.4553
County 3.7811
~
(Note) The assumed effective assessment date represents
the January 1 date after the later of: Complete date or
base vear.
CRA Projects Annexed into Area V of the Federal Highway Corridor Redevelopment Plan
FY of TIF Revenue Received
Approx. Base Approx. 08 Approx. 09 (Note) Fiscal Ad Valorem
Project Base Assessed Year of TIF
Name Status Year Year Assessed Value Assess- Tax Assessment Millage (PBC TIF Revenue FY 2008-2009 FY 2009-2010 FY 2010-2011
Assessment Value (Completion) ment Date Levy & City)
Waterside Complete 07 2005 $ 4,000,000 $ 32,509,159 1/1/09 2009-10 $ 28,509,159 10,2364 $ 277,240 $ 277,240 $ 277,240 $ 277,240
Tuscan Complete 07 2007 $ 1,260,000 $10,837,500 1/1/09 2009-10 $ 9,577,500 10.2364 $ 93,137 $ 93,137 $ 93,137 $ 93,137
Gulfstream Gardens Vacant 2009 $ 15,564,500 $ 77,000,000 1/1/10 2010-11 $ 61,435,500 10.2364 $ 597.434 $ - $ $ 597.434
Palm Cove Vacant 2007 $ 9,325,000 $ 27,225,000 1/1/08 2008-09 $ 17,900,000 10.2364 $ 174,070 $ - $ - $ 174,070
Bayfront
Complete 07 2005 $
1,500,000 $16,473,000
1/1/08 2008-09 $ 14,973,000
10,2364 $ 145,606 $ 145,606 $ 145,606 $ 145,606
$ ~~! $ ,515,983 $ 515,983 $ 1,,-28!,48I
City
County
64553
3.7811
~
(Note) The assumed effective assessment date represents
the January 1 date after the later of: Complete date or
base ear,
CRA Projects Annexed into Area V of the Federal Highway Corridor Redevelopment Plan
FY of TIF Revenue Received
Approx. Base Approx. 08 Approx. 09 (Note) Fiscal Ad Valorem
Name Project Base Year Assessed Assessed Assess- Year of TIF Millage (PBC TIF Revenue FY 2008-2009 FY 2009-2010 FY 2010-2011
Status Year Value Tax Assessment
Assessment Value (Completion) ment Date Levy & City)
Waterside Complete 07 2005 $ 4,000,000 $32,509,159 1/1/09 2009-10 $ 28,509,159 10.2364 $ 277,240 $ 277,240 $ 277,240 $ 277,240
Tuscan Complete 07 2007 $ 1,260,000 $10,837,500 1/1/09 2009-10 $ 9,577,500 10.2364 $ 93,137 $ 93,137 $ 93,137 $ 93,137
Gulfstream Gardens Vacant 2009 $ 15,564,500 $ 77,000,000 1/1/10 2010-11 $ 61,435,500 10.2364 $ 597,434 $ - $ - $ 597,434
Palm Cove Vacant 2007 $ 9,325,000 $ 27,225,000 1/1/08 2008-09 $ 17,900,000 10.2364 $ 174,070 $ - $ - $ 174,070
Bayfront
Complete 07 2005 $
1,500,000 $16,473,000
1/1/08 2008-09 $ 14,973,000 10,2364 $ 145,606 $ 145,606 $ 145,606 $ 145,606
$1,287,487 $ 515,983 $ 515,983 $ 1,287,487
City 6.4553
County 3.7811
~
(Note) The assumed effective assessment date represents
the January 1 date after the later of: Complete date or
base Year.
CRA Projects Annexed into Area V of the Federal Highway Corridor Redevelopment Plan
FY of TIF Revenue Received
Approx. Base Approx. 08 Approx. 09 (Note) Fiscal Ad Valorem
Project Base Assessed Year of TIF
Name Status Year Year Assessed Value Assess- Tax Assessment Millage (PBC TIF Revenue FY 2008-2009 FY 2009-2010 FY 2010-2011
Assessment Value (Completion) ment Date Levy & City)
Waterside Complete 07 2005 $ 4,000,000 $ 32,509, 159 1/1109 2009-10 $ 28,509,159 10,2364 $ 277,240 $ 277,240 $ 277,240 $ 277,240
Tuscan Complete 07 2007 $ 1,260,000 $10,837,500 1/1/09 2009-10 $ 9,577 ,500 10,2364 $ 93,137 $ 93,137 $ 93,137 $ 93,137
Gulfstream Gardens Vacant 2009 $ 15,564,500 $ 77,000,000 1/1/10 2010-11 $ 61,435,500 10.2364 $ 597,434 $ - $ - $ 597,434
Palm Cove Vacant 2007 $ 9,325,000 $ 27,225,000 1/1/08 2008-09 $ 17,900,000 10,2364 $ 174,070 $ - $ $ 174,070
Bayfront
Complete 07 2005 $
1,500,000 $16,473,000
1/1/08 2008-09 $ 14,973,000
10,2364 $ 145,606 $ 145,606 $ 145,606 $ 145,606
$ 1,287,487 ~_u5~ ~. 515,9~ W~
City
County
6.4553
3.7811
~
(Note) The assumed effective assessment date represents
the January 1 date after the later of: Complete date or
base ear.
CRA Projects Annexed into Area V of the Federal Highway Corridor Redevelopment Plan
FY of TIF Revenue Received
Approx. Base Approx. 08 Approx. 09 (Note) Fiscal Ad Valorem
Name Project Base Year Assessed Assessed Assess. Year of TIF Millage (PBC TIF Revenue FY 2008-2009 FY 2009-2010 FY 2010-2011
Status Year Value Tax Assessment
Assessment Value (Completion) ment Date Levy & City)
Waterside Complete 07 2005 $ 4,000,000 $ 32,509,159 1/1109 2009-10 $ 28,509,159 10.2364 $ 277,240 $ 277 ,240 $ 277,240 $ 277,240
Tuscan Complete 07 2007 $ 1,260,000 $10,837,500 1/1/09 2009-10 $ 9,577,500 10.2364 $ 93,137 $ 93,137 $ 93,137 $ 93,137
Gulfstream Gardens Vacant 2009 $ 15,564,500 $ 77,000,000 1/1/10 2010-11 $ 61,435,500 10.2364 $ 597,434 $ - $ - $ 597,434
Palm Cove Vacant 2007 $ 9,325,000 $ 27,225,000 1/1/08 2008-09 $ 17,900,000 10.2364 $ 174,070 $ - $ - $ 174,070
Bayfront
Complete 07 2005 $
1,500,000 $16,473,000
1/1/08 2008-09 $ 14,973,000 10,2364 $ 145,606 $ 145,606 $ 145,606 $ 145,606
$ 1 ,287,487 $ 515,983 $ 515,983 $1,287,487
City 6.4553
County 3.7811
~
(Note) The assumed effective assessment date represents
the January 1 date after the later of: Complete date or
bas ear.
I
CRA Projects Annexed into Area V of the Federal Highway Corridor Redevelopment Plan
FY of TIF Revenue Received
Approx. Base Approx. 08 Approx. 09 (Note) Fiscal Ad Valorem
Project Base Assessed Year of TIF
Name Status Year Year Assessed Value Assess- Tax Assessment Millage (PBC TIF Revenue FY 2008-2009 FY 2009-2010 FY 2010-2011
Assessment Value (Completion) ment Date Levy & City)
Waterside Complete 07 2005 $ 4,000,000 $ 32,509, 159 1/1/09 2009-10 $ 28,509,159 10,2364 $ 277,240 $ 277,240 $ 277,240 $ 277,240
Tuscan Complete 07 2007 $ 1,260,000 $10,837,500 1/1/09 2009-10 $ 9,577,500 10.2364 $ 93,137 $ 93,137 $ 93,137 $ 93,137
Gulfstream Gardens Vacant 2009 $ 15,564,500 $ 77,000,000 1/1/10 2010-11 $ 61.435,500 10.2364 $ 597,434 $ - $ - $ 597.434
Palm Cove Vacant 2007 $ 9,325,000 $ 27,225,000 1/1/08 2008-09 $ 17,900,000 10,2364 $ 174,070 $ - $ - $ 174,070
Bayfront
Complete 07 2005 $
1,500,000 $16,473,000
1/1/08 2008-09 $ 14,973,000
10,2364 $ 145,606 $ 145,606 $ 145,606 $ 145,606
$1,287,487 ~~~_ $ 515,983 $1,287,487
City
County
6 4553
3,7811
~
(Note) The assumed effective assessment date represents
the January 1 date after the later of: Complete date or
base ear.
CRA Projects Annexed into Area V of the Federal Highway Corridor Redevelopment Plan
FY of TIF Revenue Received
Approx. Base Approx. 08 Approx. 09 (Note) Fiscal Ad Valorem
Name Project Base Year Assessed Assessed Assess- Year of TIF Millage (PBC TIF Revenue FY 2008-2009 FY 2009-2010 FY 2010-2011
Status Year Value Tax Assessment
Assessment Value (Completion) ment Date Levy & City)
Waterside Complete 07 2005 $ 4,000,000 $ 32,509,159 1/1/09 2009-10 $ 28,509,159 10.2364 $ 277 ,240 $ 277,240 $ 277,240 $ 277,240
Tuscan Complete 07 2007 $ 1,260,000 $10,837,500 1/1/09 2009-10 $ 9,577,500 10.2364 $ 93,137 $ 93,137 $ 93,137 $ 93,137
Gulfstream Gardens Vacant 2009 $ 15,564,500 $ 77,000,000 1/1/10 2010-11 $ 61,435,500 10,2364 $ 597,434 $ - $ - $ 597,434
Palm Cove Vacant 2007 $ 9,325,000 $ 27,225,000 1/1/08 2008-09 $ 17,900,000 10,2364 $ 174,070 $ - $ - $ 174,070
Bayfront
Complete 07 2005 $
1,500,000 $16,473,000
1/1/08 2008-09 $ 14,973,000 10,2364 $ 145,606 $ 145,606 $ 145,606 $ 145,606
$ 1 ,287,487 $ 515,983 $ 515,983 $ 1,287,487
City 6.4553
County 3,7811
~
(Note) The assumed effective assessment date represents
the January 1 date after the later of: Complete date or
base ear.
CRA Projects Annexed into Area V of the Federal Highway Corridor Redevelopment Plan
FY of TIF Revenue Received
Approx. Base Approx. 08 Approx. 09 (Note) Fiscal Ad Valorem
Project Base Assessed Year of TIF
Name Status Year Year Assessed Value Assess- Tax Assessment Millage (PBC TIF Revenue FY 2008-2009 FY 2009-2010 FY 2010-2011
Assessment Value (Completion) ment Date Levy & City)
Waterside .. $ 32,509, 159 1/1/09 2009-10 $ 28,509,159 277,240
Complete 07 2005 $ 4,000,000 10.2364 $ $ 277,240 $ 277,240 $ 277,240
Tuscan Complete 07 2007 $ 1,260,000 $10,837,500 1/1/09 2009-10 $ 9,577 ,500 10,2364 $ 93,137 $ 93,137 $ 93,137 $ 93,137
Gulfstream Gardens Vacant 2009 $ 15,564,500 $ 77,000,000 1/1/10 2010-11 $ 61,435,500 10.2364 $ 597,434 $ - $ - $ 597,434
Palm Cove Vacant 2007 $ 9,325,000 $ 27,225,000 1/1/08 2008-09 $ 17,900,000 10,2364 $ 174,070 $ - $ - $ 174,070
Bayfront
Complete 07 2005 $
1,500,000 $16,473,000
1/1/08 2008-09 $ 14,973,000
10,2364 $ 145,606 $ 145,606 $ 145,606 $ 145,606
$1,287,487 $ 515,983 $ 515,983 $1,287,487
_..~ _._~
City
County
6,4553
3,7811
~
(Note) The assumed effective assessment date represents
the January 1 date after the later of: Complete date or
base ear.
1 ORDINANCE 08 -
2
3
4 AN ORDINANCE OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA AMENDING THE
6 COMMUNITY REDEVELOPMENT PLAN TO CLARIFY
7 THAT ENCLAVES AND OTHER PROPERTIES ANNEXED
8 INTO THE CITY THAT ARE WITHIN THE PREVIOUSLY
9 DESIGNATED BOUNDARIES OF THE CRA ARE PART OF
10 THE COMMUNITY REDEVELOPMENT AREA AND
11 THEREFORE SUBJECT TO JURISDICTION OF THE
12 COMMUNITY REDEVELOPMENT AGENCY; AMENDING
13 THE COMMUNITY REDEVELOPMENT BOUNDARY
14 DESCRIPTION TO CLARIFY INCLUSION OF ANNEXED
15 PROPERTY; PROVIDING FOR AUTOMATIC INCLUSION
16 OF ANNEXED PROPERTY IN THE CRA UNLESS
17 EXCLUDED BY EXCEPTION; AMENDING CHAPTER 2 OF
18 ARTICLE I OF THE CODE OF ORDINANCES AND
19 SECTION 2-13.2(b) THEREOF RELATING TO THE
20 COMMUNITY REDEVELOPMENT AGENCY
21 BOUNDARIES TO RENUMBER SUBSECTION (b) AS A
22 NEW SECTION 2-13.5; ACCEPTING A
23 RECOMMENDATION FROM THE COMMUNITY
24 REDEVELOPEMENT AGENCY TO IMPLEMENT THE
25 AMENDMENTS PROVIDED HEREIN; DIRECTING THE
26 CITY ADMINISTRATION TO TAKE SUCH ACTION AS
27 NECESSARY TO EFFECTUATE THE INTENT OF THIS
28 ORDINANCE; PROVIDING FOR CONFLICT,
29 SEVERABILITY, CODIFICATION; PROVIDING FOR AN
30 EFFECTIVE DATE.
31
32 WHEREAS, Florida Statute 163.361 provides for amendment or modification of a
3 30mmunity Redevelopment Plan including changes in boundaries of the redevelopment area to
34 dd land to or exclude land from the redevelopment area; and
35 WHEREAS, the City Commission has provided notice of and conducted a public hearing
36 n the proposed modification of the Community Redevelopment Plan hereinafter set forth in
37 ccordance with the requirements of State law; and
38 WHEREAS, the City Commission has heretofore described the boundaries of the
390mmunity Redevelopment Area by adoption of Ordinance 00-59. The boundaries of the
400mmunity Redevelopment Area as set forth in Ordinance 00-59 a north and south boundary that
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was coterminous with the City's north and south jurisdictional boundaries: and
WHEREAS, the City Commission subsequent to the adoption of Ordinance 00-59 hac
annexed enclaves and other property with the intent that those properties were to be treated as
within the Community Redevelopment Area; and
WHEREAS, the City Commission finds that the enclaves that have been annexed into the
City subsequent to the adoption of Ordinance 00-59 shared, at time of annexation. the same
characteristics as other properties in the Community Redevelopment Area and that such areas
were. at time of annexation, slum areas, blighted areas, or areas in which there was a shortage of
housing that is affordable to residents of low or moderate income. including the elderly or were
costal and tourist areas that were deteriorating or economically distressed due to outdated building
density patterns, inadequate transportation and parking facilities, faulty lot layout or inadequate
street layout or a combination thereof; and
WHEREAS, the City Commission finds that there are additional enclaves within the
generic boundaries of the Community Redevelopment Area which. if annexed into the Cit\',
should be deemed and considered part of the Community Redevelopment Area as the) share the
'ame characteristics described in the foregoing whereas clause; and
WHEREAS, the City Commission has considered and accepts the recommendation from
he Community Redevelopment Agenc) as expressed in Community Redevelopment Agency
esolution 2008-05; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
ITV OF BOYNTON BEACH, FLORIDA:
Section 1.
That the foregoing "WHEREAS" clause is true and correct and hereby
atified and confirmed by the City Commission.
Section 2.
Section 2-13.2 of Article 1. Chapter 2 of the Code of Ordinances is hereby
Page :2 of9
. j 'C^" Mm"",,,'CRA 'eRA ROUNDAR Y AMfNDM'Nf "" "'" :"
I
amended to read as follows:
2 Sec. 2-13.2. Governing body of community redevelopment agency. *
3 (a) The members of the City Commission constitute the governing body (Board) of
4 the Community Redevelopment Agency.
5 (b) The community redevelopment agency, shall e)(erci~;e its jurisdiction in all areas
6 ~city '..vhich the city has heretofore designated for redevelopment. The community
7 redevelopment area is more particularly described in EKhibit A.
8 (e12) Chair and Vice-Chair. The Mayor shall be the Chairperson and the Vice-Mayor
9 the Vice Chairperson of the Board of the Community Redevelopment Agency.
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Section 3.
Creating a new section 2-13.5 as follows:
/-13.5. Community Redevelopment Area.
(a)
The boundaries of the Community Redevelopment Area are as set forth in the
following legal description:
Beginning at a point of intersection of the West right-of-way line of the Intracoastal Waterway
with the North line of the South half (S lIz) of the North half (N lIz) of Section 15, Range 43,
Townshi 45 said North line bein the North bound line for the Ci of Bo ton Beach run
westerl alon said North line of S lIz of the N lIz of Section 15 to a oint on the West line of said
Section 15'
hence souther! alon the West line of said Section 15 to the S W comer of Section 15 be in
Iso the NW comer of Section 22 Ran e 43 Townshi 45'
oint on
hence S 81d 48'30" E alon said South ri
line a distance of 302.68 feet.
hence S 87d 13'22" E alon said South ri
line a distance of 309.97 feet.
hence S 80d 25' 27" E alon said South ri ht-of-wa line a distance of 50.95 feet to the
outhwest comer of LOT 5 BLOCK 1 LAKE BOYNTON EST A TES as recorded in said ublic
Page 3 of9
\CA\Ordinances\CRA\CRA BOUNDARY AMENDMENT 071408,doc
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I records in Plat Book 13 Pag,e 32:
I
thence N 88d 06'29" E alon~ said South right-of-way line and along the South line of LOTS 3,
4, and 5 said BLOCK 1 a distance of 150 feet to the Southeast comer of said LOT 3 and a point
on the West line of said Section 28:
thence SId 31' 31 ,. E along said West Section Line a distance of 506.58 feet to the intersection
with the Vlesterly extension of the center line of West Ocean Avenue:
thence S 89d 4 T 31" E along said center line to the intersection with the said West right-of-vva\
line of Seacrest Boulevard;
thence southerly to the intersection of the West right-of-way line of Seacrest Boulevard with the
centerline of S E 2nd Avenue:
thence easterly to the intersection of the center line of SE 2nd with the East right-of-wav line of
Florida East Coast Railwav;
thence southerly along said East right-of-way line of FEe RR to a point at the intersection with
the westerly extension of the South line of lot 20 Delray Beach Estates as recorded in Palm
Beach County Public Records in Plat book 21. Page 13, and located in Section 4. Range 43.
Township 46:
~4 hence easterl 'alon said South line of South 50 feet to a oint on the West line of Tradewinds
~5 "states first Addition, a subdivision recorded in Plat Book 22, Paae 44. Palm Beach County
36 ublic Records'
37
~8 hence northerlv alon J said West line of Tradewinds Estates first Addition a distance of 5U
~l) eet'
~o
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43
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4"
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Page 4 of9
i
j \CA\Urdmances\CRA \eRA 13m !NDARY AMENDMLNJ (17 J 4u~ doc
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thence easterly, northerly, and westerly along South, East, and North lines of said lots 9, Kings
Subdivision, to a point on the East right-of-way line of U.S. Federal Highway No.1:
thence northerly along the East right-of-way line of U.S. Federal Highway No.1 to a point that
is 305 feet South of the North line of Section 4, Range 43, Township 46, said point located on
the North right-of-way- line of Bamboo Lane, a private road:
thence easterly and along said North right-of-way line of Bamboo Lane to a point that is 300
feet west of the West right-of-way line of the Intracoastal Waterway:
thence northerly a distance of 94.5 feet to a point on the South right-of-way of the finger canal;
thence easterly and along said South right-of-way line of the finger canal to the West right-of-
way line of the Intracoastal Waterway:
thence northerly and along the West right-of-way line of the Intracoastal Waterway to the Point
of Beginning.
The following described properties which were annexed into the Citv of Bovnton Beach
subsequent to the adoption of Ordinance 00-59 are expressly deemed included in the Community
Redevelopment Area as of the effective date of annexation of those properties:
BOYNTON BAGELS:
Lot 8, Less the Westerly 17 feet for road right-of-way. KINGS SUBDIVISION
according to the Plat thereof. as recorded in Plat Book 20. Page 47, of the Public
Records of Palm Beach County. Florida.
BA YFRONT:
Lots 56 & 57, "Amended Plat of Tradewind Estates" according to the Plat
thereof as recorded in Plat Book 21 , Page 73 of the Public Records of Palm
Beach Countv, Florida, Less a portion of Lot 57 for Right-of Wav of State
Road No.5 as shown on State of Florida State Road Department right-of-way
map section No. 9301-205.
rUSCAN VILLAS:
Lot 1 and Lot 1A of KING'S SUBDIVISION, according to the Plat thereof,
as recorded in Plat Book 20. Page 47, Public Records of Palm Beach Countv,
Florida: less the westerly 17 feet of said lots.
I Page 5 of9
ICA 10rdlnanceslCRA ICRA BOUNDARY AMENDMENT 071408,doc
Together With:
')
3 All that part of Lot C of KINO'S SUBDIVISION in Section 4, Township 46
4 South, Range 43 East, Palm Beach Countv, Florida, as per Plat recorded in
5 Plat Book 20, Page 47, Palm Beach County records except the following part
6 thereof: Beginning at the Southwest (S W) comer of said Lot C. and running
7 thence North along the West line thereof a distance of Eighty (80) Feet:
8 thence Easterly in a straight line to the Southeast (SE) comer of said Lot C;
9 thence running West along the South line of said Lot C to the Point Of
10 Begilming. Further less and except the Westerly 17 feet for road right-of-wav.
11
12 PALM COVE:
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That part of Lot 59, "Amended Plat of Trade Winds Estates. a Subdivision:'
according to the Plat thereof. recorded in Plat Book 2 L Page 73. of the Public
Records of Palm Beach County. Florida: lying west of the right-of-wav of
State Road 5 (U.S. Highwav No. 1) as conveved to Palm Beach County,
Florida, by a deed recorded in Official Records Book 124. Page 638 of the
Public Records of Palm Beach Countv. Florida.
Together with:
,'"
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Lot 15. "Killian's Park. a Subdivision." according: to the Plat thereof. as
recorded in Plat Book 23, Page 195. in the Public Records of Palm Beach
County. Florida, less that portion of Lot 15 conveyed to the State of Florida
bv a Wananty Deed recorded in Official Records Book 119. Page 453. of the
Public Records of Palm Beach County. Florida.
24
25
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27
28
29
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Together with:
32
All of Lots 6 through 14 and Lots 16 through 29 of "Killian' s Park'" recorded
in Plat Book 23. Page 195. in the Public Records of Palm Beach County.
Florida.
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A TERSIDE:
A PARCEL OF LAND IN SECTION 4. TOWNSHIP 46 SOUTH. RANGE 43
EAST. PALM BEACH COUNTY. FLORIDA. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF LOT 48. "TRADE WINDS
ESTA TES FIRST ADDITION" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 22. PAGE 44 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA. SAID CORNER BEING ON THE
WESTERLY RIGHT-OF-WAY UNE OF THE INTRACOASTAL WATERWAY:
THENCE NORTH 05026'06" EAST.oN SAID WESTERLY RIGHT-OF-WAY
Pagl: 6 of 9
j 'CA_a,,",,",,",,"RA ,eRA HOUNDAR Y A MeNDM "N' '" ",,' -,,,,
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LINE 365.92 FEET TO THE POINT OF BEGINNING; THENCE SOUTH
2 890] 8'46" WEST 385.00 FEET; THENCE NORTH 05026'06" EAST 4.08 FEET;
3 THENCE SOUTH 89018'46" WEST 35.00 FEET; THENCE SOUTH 05026'06"
4 WEST 174.98 FEET; THENCE SOUTH 89018'46" WEST 236.14 FEET TO A
5 POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE SOUTHEAST;
6 THENCE SOUTHWESTERLY ON THE ARC OF SAID CURVE, WITH A
7 RADIUS OF 102.47 FEET AND A CENTRAL ANGLE OF 34034'00" AN ARC
8 DISTANCE OF 61.82 FEET TO A POINT OF REVERSE CURVATURE OF A
9 CIRCULAR CURVE, CONCAVE NORTHWEST; THENCE SOUTHWESTERLY
10 ON THE ARC OF SAID CURVE, WITH A RADIUS OF 82.59 FEET AND A
11 CENTRAL ANGLE OF 34034'00" AN ARC DISTANCE OF 49.83 FEET TO A
12 POINT OF TANGENCY; THENCE SOUTH 89018'46" WEST 94.20 FEET TO
13 THE INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY OF U.S.
14 HIGHWAY NO.1 (STATE ROAD NO.5), SAID INTERSECTION BEING ON
15 THE ARC OF A CIRCULAR CURVE, CONCAVE WEST, THE RADIUS POINT
16 OF WHICH BEARS NORTH 73025'48" WEST; THENCE NORTHERLY ON
17 SAID EASTERLY RIGHT-OF-WAY AND ON THE ARC OF SAID CURVE,
18 WITH A RADIUS OF 11.509.20 FEET AND A CENTRAL ANGLE OF 02023'09"
19 AN ARC DISTANCE OF 479.27 FEET; THENCE NORTH 89014'41" EAST
20 245.48 FEET; THENCE NORTH 05026'06" EAST 95.70 FEET TO THE
21 INTERSECTION WITH A LINE PARALLEL WITH AND 578.97 FEET SOUTH
22 OF THE NORTH LINE OF SAID SECTION 4; THENCE NORTH 89018'46"
23 EAST ON SAID PARALLEL LINE 274.00 FEET; THENCE SOUTH 06036'55"
24 WEST 40.21 FEET TO THE INTERSECTION WITH A LINE PARALLEL WITH
25 AND 6 18.85 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 4;
26 THENCE NORTH 89018'46" EAST ON SAID PARALLEL LINE 250.00 FEET TO
27 THE INTERSECTION WITH THE AFOREMENTIONED WESTERLY RIGHT-
28 OF-WAY LINE OF THE INTRACOASTAL WATERWAY; THENCE SOUTH
29 05026'06" WEST ON SAID WESTERLY RIGHT-OF-WAY LINE 315.29 FEET
30 TO THE POINT OF BEGINNING.
31
32 within the boundaries of the Communi
33 ro erties which constitute uninco orated enclaves have been found b the Ci
34 'ommission to share the same characteristics of the slum and/or bli hted ro erties which
35 ulTound or are ad'acent to them and are therefore suitable for and will benefit from the
36 ommUlll
37
c
All uninco orated enclaves within the Communi
38 e ffimexed into the City of Bo nton Beach subse uent to the ado tion of this code section shall
39 utomaticall included in the Community Redevelopment Area and subiect to the iurisdiction of
40
he Communi
Commission
41
from the Communi
Page 70f9
\CA \Ordinances\CRA \CRA BOUNDARY AMENDMENT 07 J 408,doc
II ' of the Community Redevelopment Agency.
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Section 4,
The City's administrative staff is directed to take appropriate action
3 including but not limited to, coordination of effort with the Community Redevelopment /\genc:
4 staff and the Palm Beach County Property Appraiser's office to effectuate the intent of this
5 ordinance. There shall be no retroactive reallocation of ad valorem or TIF revenues between the
6 City and the Community Redevelopment Agency by virtue of the adoption of this Ordinance.
7
Section 5. All prior ordinances or resolutions or parts thereof in conflict herev,:ith are
8 hereby repealed to the extent of such conflict.
9 Section 6. If any section. sentence, clause. or phrase of this Ordinance is held to be invalid
10 or unconstitutional by any court of competent jurisdiction. then said holding shall in no way affect
11 the validity of the remaining portions of this Ordinance.
12 Section 7. It is the intention of the City Commission of the CITY OF BOYNTON
13 BEACH. Florida, that the provisions of this Ordinance shall become and be made a part of the
14 ITY OF BOYNTON BEACH Code of Ordinances; and that the sections of this ordinance may
15 e renumbered or relettered and the word "ordinance" may be changed to "section." "article." ur
16 'uch other appropriate word or phrase in order to accomplish such intentions.
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Section 8. This Ordinance shall he effective immediately after adoption by the City
'ommlsslon.
PASSED FIRST READING this
day of
.2008.
Page 80f9
. \CA\Urdlnances\CRA\CRA BOUNDARY AMENDMENT U714118 dOl
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SECOND AND FINAL READING ADOPTED this _ day of
,2008.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
TTEST:
Commissioner - Marlene Ross
anet M. Prainito, CMC
ity Clerk
Corporate Seal)
Page 90f9
'ICA IOrdinanceslCRA ICRA BOUNDARY AMENDMENT 071408,doc