Agenda 06-16-09
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Jerry ray,lor
Mayor - At Large
W'o.cb'~owHil,y
Vice Mayor - District II
Ron Wel:lend
Commissioner - District I
JoaeRod,ri...z
Commissloner- District HI
Me'I.".....
Commissioner - District IV
Kurt .,....II1,.r
City Manager
Jame. a.rot
City Attorney
Ja'.etM~P'r.,:n:ito
City Clerk
www.boynton-beach.org
We're Reil7ventin~ City Living for
fht:) AAillanniul'Y1
WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES &. PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
. Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
. Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to impose
time limits on the discussion on an issue.
. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings."
. Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission - Time Limit - Three (3) Minutes
. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded, with the exception of Consent Agenda Items that have
not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit -
Three (3) minutes
.
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the presiding
officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or
step down when so ordered shall be treated as a continuing disruption of the publiC meeting. An order by the
presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority
vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
Holidays/Election Day).
S:\CC\WP\CCAGENDA\Cover Template\WELCOME SHEET - REVISED 04-04-07.doc
City of Boynton Beach
REGULAR CITY COMMISSION MEETING
AGENDA
June 16, 2009
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Father Sam Zebron of St. Mark Catholic Church
C. Pledge of Allegiance to the Flag led by Commissioner Rodriguez
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS
A. Announcements:
1. July 4th, Salute to Independence celebration will be held at
Intracoastal Park starting with a concert featuring the Synthesis Band at
6:30 p.m. including a Patriotic Salute scheduled for 7:30 p.m. At 9:00
pm the world famous "Fireworks by Grucci" will light up the sky. The
event is free with food and beverage vendors on-site and park and ride
shuttle service from Bank of America until 10 p.m.
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
None
2. Presentations:
None
1
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
June 16, 2009
IV. PUBLIC AUDIENCE:
INDmDUAL 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. Accept the resignation of Martin Helo, an alternate member of the Library Board.
B. Appointments
I Weiland
II Hay
I Weiland
II Hay
Mayor Taylor
II Hay
III Rodriguez
IV Ross
III Rodriguez
III Rodriguez
Length of Term
Board Exoiration Date
Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/09 Tabled (3)
Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/09
Cemetery Board Reg 3 yr term to 12/09 Tabled (3)
Cemetery Board Alt 1 yr term to 12/09 Tabled (2)
Code Compliance Board Alt 1 yr term to 12/09 Tabled (2)
Education & Youth Advisory Board Alt 1 yr term to 12/09
Education & Youth Advisory Board Alt 1 yr term to 12/09
Education & Youth Advisory Board Stu N/V 1 yr term to 12/09
Recreation & Parks Adv. Bd. Reg 3 yr term to 12/11
Senior Advisory Bd Alt 1 yr term to 12/09
Appointment
To Be Made
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 - June 2, 2009
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2008-2009 Adopted Budget.
2
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
June 16, 2009
1. Approve the purchase of additional computer storage drives for the City's
existing Storage Area Networks (SAN) located at City Hall and Utilities
from Dell, Inc. for $37,649.02.
2. Award a contract to Glatting Jackson for the design of the
MeadowsfNautica Park in the amount of $60,000. (Proposed
Resolution No. R09-086)
C. Resolutions
1. Proposed Resolution No. R09-0S7 RE: Approving and
authorizing execution of a Lease Agreement with Team Reel Estate, Inc.
d/b/a Florida Fishing Academy for use of the Bait Shop at Boat Club Park
to be operated as a bait shop for a period of three years for a total of
$15,375 of in-kind value to the City annually.
2. Proposed Resolution No. R09-0SS RE: Approving and
authorizing execution of a lease agreement for a proposed
telecommunications tower at the City's West Water Utility Plant located
at 5469 Boynton Beach Boulevard for an initial term of 5 years and
renewal of 5 additional 5-year terms for a total of 30 years with a
monthly rent of $2,000 adjusted (103%) annually and an additional $500
rent for each subtenant that co-locates on the tower.
D. Accept the written report to Commission of purchases over $10,000 for the
month of May 2009.
E. Approve the return of the balance of a performance bond (in the amount of
$352,000) for the Gateway Boulevard widening to a six lane divided roadway,
from Renaissance Boulevard eastward to High Ridge Road.
F. Authorize the use of $1,000 of Community Investment Funds from Vice Mayor
Hay for the Museum of Lifestyle & Fashion History.
G. Authorize the use of $750 of Community Investment Funds from Commissioner
Ross for the Museum of Lifestyle & Fashion History.
H. Authorize the use of $500 of Community Investment Funds from Commissioner
Ross for the Poinciana Elementary Magnet School to provide special programs
for students
VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS:
None
3
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
June 16, 2009
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:
Descri ption:
B.
Project:
Agent:
Owner:
Location:
Description:
c.
Project:
Agent:
Owner:
Location:
Description:
D.
Project:
Agent:
Owner:
Location:
Descri ption:
Sea crest Garden Office Building (MSPM 09-004)
Jose Aguila of Curry Sowards Aguila Architects
M. F. Sea crest, LLC
2860 Seacrest Blvd.
Request for approval for the construction of a 14,206 square foot
addition to an existing 1,693 square foot building for a total of
15,899 square feet, on the site of an existing one-story dentist
office within the C-1 Office Professional zoning district.
Imagine Charter School at Boynton Beach (REZN 09-002)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
New Urban High Ridge, LLC
West side of High Ridge Road, approximately 0.25 miles north of
Miner Road
Request to rezone from Planned Unit Development (PUD) to the
Single and Two-Family Dwelling (R-2) zoning district. (1st
Reading Proposed Ordinance No. 09-031)
Imagine Charter School at Boynton Beach (COUS 09-003)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
New Urban High Ridge, LLC
West side of High Ridge Road, approximately 0.25 miles north of
Miner Road
Request for Conditional Use/New Site Plan approval to construct a
Charter School on a 4.22-acre parcel in a proposed R-2 zoning
district.
Imagine Charter School at Boynton Beach (HTEX 09-001)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
New Urban High Ridge, LLC
West side of High Ridge Road, approximately 0.25 miles north of
Miner Road
Request for a height exception of nine (9) feet to allow decorative
architectural features to exceed the maximum building height of
25 feet, for a total of 34 feet at its highest point.
IX. CITY MANAGER'S REPORT:
A. Report on Central Sea crest Potable Water and Stormwater Improvement Project
4
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
June 16, 2009
B. 2009-10 Budget Preview - Report on Span of Control Analysis
C. 2009-10 Budget Preview - Report on 2009 Program Analysis
X. FUTURE AGENDA ITEMS:
A. Consider the continuation or deferral of the "CONSTRUCTlON OF CONGRESS
AVENUE BARRIER FREE PLAYGROUND", Bid #017-2730-09jJA to Ocean Gate
General Contractors of Stuart, FL for $1,925,000 plus an owner's contingency of
10% in the amount of $192,500 for a total expenditure of $2,117,500j501(c)(3)
Discussion (Proposed Resolution No. R09-073) (Tabled to Budget
Workshop)
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
1. Proposed Ordinance No. 09-003 RE: Approving a
request to annex the properties. (Sam's Club ANEX 09-001) (Tabled
on June 2, 2009)
2. Proposed Ordinance No. 09-004 RE: Approving a
request to annex the properties. (Northstar ANEX 09-001) (Tabled
on June 2, 2009)
3. Proposed Ordinance No. 09-005 RE: Amending the
Comprehensive Plan Future Land use Map classification on :1::41.19 acres
of land from Commercial High (CHIS) and Institutional (Palm Beach
County) to Local Retail Commercial (LRC). (Sam's Club LUAR 09-002)
(Tabled on June 2, 2009)
4. Proposed Ordinance No. 09-006 RE: Amending the
Comprehensive Plan Future Land use Map classification on :1::41.49 acres
of land from Commercial High (CHIS) and Institutional (Palm Beach
County) to Local Retail Commercial (LRC). (Northstar LUAR 09-002)
(Tabled on June 2, 2009)
S. Proposed Ordinance No. 09-007 RE: Approving the
rezoning from Palm Beach County Commercial General (CG) and
Residential Multifamily (RM) to Planned Commercial Development (PCD)
5
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
June 16, 2009
and C-3, Community Commercial. (Sam's Club LUAR 09-002) (Tabled
on June 2, 2009)
6. Proposed Ordinance No. 09-008 RE: Approving the
rezoning from Palm Beach County Commercial General (CG) and
Residential Multifamily (RM) to Planned Commercial Development (PCD)
and C-3, Community Commercial. (Northstar LUAR 09-002) (Tabled
on June 2, 2009)
7. Proposed Ordinance No. 09-009 Re: Amending the
Comprehensive Plan Future Land Use Map classification on J;;14.22 acres
of land from Medium Density Residential to Industrial (New Urban High
Ridge LUAR 09-001) (Tabled on June 2,2009)
8. Proposed Ordinance No. 09-010 RE: Rezoning a
parcel of land located on the northwest corner of High Ridge Road and
Miner Road from Planned Unit Development (PUD) to M-1 Industrial
District (New Urban High Ridge LUAR 09-001) (Tabled on June 2,
2009)
9. Proposed Ordinance No. 09-026 RE: Amending the
Land Development Regulations, Chapter 2, Zoning to create a waiver
process for minimum setbacks associated with ancillary fueling centers
with Planned Commercial Development (PCD) zoning districts annexed
into the City.
10. Proposed Ordinance No. 09-027 RE: Amending the
Land Development Regulations, Chapter 2, Zoning to allow Funeral
Homes with Cemetery in the Community Commercial (C-3) zoning district,
on parcels in excess of 10 acres.
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1.
Proposed Ordinance No. 09-029
abandonment of a portion of NE 12th Avenue.
RE: Approving the
2. Proposed Ordinance No. 09-030 RE: Approving the
creation of a seven member Community Redevelopment Agency Board.
C. Ordinances - 1st Reading
None
6
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
June 16, 2009
D. Resolutions:
1. Proposed Resolution No. R09-0S4 RE: Approving and
authorizing execution of an Annexation Agreement between the City of
Boynton Beach and Northstar Palm Beach, LLC regarding annexation of
Northstar Palm Beach Property into the City boundary. (Tabled on June
2, 2009)
2. Proposed Resolution No. R09-0SS RE: Approving and
authorizing execution of an Annexation Agreement between the City of
Boynton Beach and Wal-Mart Stores, Inc. regarding annexation of Wal-
Mart Stores C'Sam's Club") property into the City boundary. (Tabled on
June 2, 2009)
E. Other:
None
XIII. UNFINISHED BUSINESS:
A. Follow-up Discussion on Community Improvement at 1630 NW 3rd Lane -
Encarnacion and Maria Figueroa.
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT PAM WELSH, (561) 742-6013 AT LEAST TWEN1Y-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO
REASONABLY ACCOMMODATE YOUR REQUEST.
AGENDA 06-09-09 4:45 P.M.
5: \CC\ WP\CCAGENDA \AGENDAS\yEAR 2009\061609.DOC
7
III.-ANNOUNCEMENTS & PRESENTATIONS
Item A.I.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
X
0 Anril21,2009 April 6, 2009 (Noon) 0 June 16, 2009 June 1,2009 (Noon)
0 May 5, 2009 Anri1 20, 2009 (Noon) 0
0 May 19, 2009 Mav 4, 2009 (Noon) 0
0 June 2, 2009 Mav 18, 2009 (Noon) 0
0
X Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0
0 Consent Agenda Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Announcement of July 4th Salute to Independence.
EXPLANATION: Salute to Independence, Saturday, July 4,2009, from 6:30 - 9:30 p.m. at Intracoastal
Park. FREE EVENT. A concert with Synthesis Band begins at 6:30 p.m. until 9:00 p.m.
There is a Patriotic Salute scheduled for 7:30 p.m. At 9 p.m. the world famous "Fireworks by Grucci"
will light up the sky. Food and beverage vendors will be on-site. Park and ride the shuttle from Bank of
America on the NE comer ofE. Ocean Avenue and N. Federal Hwy., the shuttle runs from 6:00 p.m.
untill 0:00 p.m.
PROGRAM IMP ACT:
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S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
V. ADMINISTRATIVE
ITEM A.
Pyle, Judith
From: Clark, Craig
Sent: Wednesday, May 27,20099:34 AM
To: Prainito, Janet; Pyle, Judith
Subject: FW: Library Advisory Board Meeting
Importance: High
Good Morning Janet,
Please see Martin Helo's resignation from the Library Advisory Board below.
Craig
From: Abramson, Karen
Sent: Wednesday, May 27,20099:26 AM
To: Clark, Craig
Subject: FW: Library Advisory Board Meeting
Importance: High
Please see email from Martin Helo.
'l(pren
Li6rary, 742-6380
From: Martin Helo [mailto:martinhelo@att.net]
Sent: Thursday, May 21, 20094:43 PM
To: Abramson, Karen
Cc: martinhelo@att.net
Subject: Re: Library Advisory Board Meeting
Dear Ms. Abramson:
Please pass this message on to the appropriate people.
I resign from the Library Advisory Board effective immediately. After careful thought I do not believe
that at this time I can assist in any way.
Thanks,
Marty Helo
m On Thu, 5/21/09, Abramson, Karen <AbramsonK@bbjl.us> wrote:
From: Abramson, Karen <AbramsonK@bbfl.us>
Subject: Library Advisory Board Meeting
To: "Prainito, Janet" <PrainitoJ@bbfl.us>, "Pyle, Judith" <PyleJ@bbfl.us>
Cc: "Barbara McGee" <BarbMcGee638@MSN.com>, "Clark, Craig" <ClarkC@bbfl.us>, "Dan
Holthouse" <dan70@bellsouth.net>, "Diane Lawrence" <drrobertlawrence@yahoo.com>,
"Donna Harmening" <Harmen_D@BellSouth.net>, "Jeannie Taylor"
<Jeannied@bellsouth.net>, "John McGovern" <Johnm555fl@aol.com>, "Martin Helo"
5/27/2009
<MartinHelo(~~:A TT.Net>, "Valerie Pleasanton" < \aleriepliuiaol.col1l'. "\Villie Pearl \~ I1soll
<Vv'Wilso31 tW.be!!south.net>
Date: Thursday. Ma: 21. 2009. 3:04 PM
The Library Advisory Board will meet on Wednesday. May 27th at 4:00 pm in Conference Room A
7(p,ren )l6ramson
Boynton Beach City Library
208 S. Seacrest Boulevard
Boynton Beach, FL 33435
561-742-6380
l\bramsonK@Gi, E3oynton-Beach,fL us
5/27/2009
V. ADMINISTRATIVE
ITEM B.
APPLICANT ELIGIBLE FOR APPOINTMENT 06/16/U~
Last Name First Name 1 st Choice 2nd Choice 3rd Choice
Anton Steve Arts Com
Farrington John Veterans
Commission
Gresh Thomas Recreation &
Parks Bd.
*Scantlan Don Veterans
. .
Commission
Young Jean Senior Advisory
Bd.
* Donald Scantlan is requesting to be moved up from an alternate to a regular member when a vacancy arises.
ALTERNATES:
Wallshein-Radin, Betsy
Cook, Corey
Recreation & Parks Bd.
Recreation & Parks Bd.
Appointed 1/6/09
Appointed 3/1 7/09
NOTE:
Cemetery Board has only one alternate position that is also open.
VI.-CONSENT AGENDA
ITEM B.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 Avril 21, 2009 Avril 6, 2009 (Noon) X June 16, 2009 June 1,2009 (Noon)
0 Mav 5, 2009 Avril 20, 2009ONoon) 0
"J.
0 Mav 19,2009 Mav4,2009(Noon) 0 C> n,~
:- -;;<;;
0 June 2, 2009 Mav 18, 2009 (Noon) 0 c: ~
--
G~
0 Announcements/Presentations 0
NATURE OF 0 Administrative 0
AGENDA ITEM X Consent A enda 0 Le al
0 0 Unfinished Business
0 Public Hearin 0
RECOMMENDATION: Motion to approve the purchase of additional computer storage drives for the City's existing
Storage Area Networks (SAN) located at City Hall and Utilities. The $37,649.02 order to Dell, Inc. will be shared equally
between I.T.S. account number 001-1511-513-64-15 and Utilities account number 401-2821-536-64-15 through Florida State
Contract #250-000-09-1. "The State of Florida complied with Public Contract Bid requirements
equal to or which exceeds Boynton Beach's requirements.~
EXPLANATION: In June, 2007, City Commission approved the purchase ofDelllEMC Storage Area Network (SAN)
technology to be installed at the City Hall and Utilities computer centers. This evolving storage technology allows multiple
computer software applications, running on separate computer servers, to share a common bank of hard-drives. The shared
drives allow the City to:
. Respond to our immediate need for more disk space.
. Decrease the amount of equipment in the computer rooms to reduce our need for additional space.
. Decrease our need for electrical power for the equipment itself and cooling.
. Increase our ability to function during a local outage (business-continuity/disaster-recovery) by "mirroring" our
equipment between City Hall and Utilities.
The $178,853 purchase in 2007 was funded by: $84,017 from the EOC account; $87,211 from the Utilities Department
account, and $7,625 from the I.T.S. Department. This request increases the storage capacity for the two 2007 SAN
implementations (at City Hall and Utilities).
The new Fire Station 5/E.O.C. facility will also incorporate similar new technologies. Computer servers and modem storage
technology in the new "hardened" facility should allow the City to remain operational during a hurricane or other disaster.
Eventually, many of our computer applications will be migrated to run at that new facility.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT: I.T.S. and the Utilities Department will gain needed additional storage capacity, so they can
replicate the city's critical information systems between two sites now. and then three sites once the equipment at the new Fire
Station 5/E.O.C. is operational.
In addition to increasing the total amount of available computer-storage, the shared drives allow us to save the City on our
energy and cooling costs by lowering the amount of equipment in each data center. This is part of a "green" initiative to
reduce our server and equipment footprint.
FISCAL IMPACT: This purchase will be split equally between the ITS. Department and the Utilities Department as
shown in the following chart:
Deoartment Account # Bud2eted Amount Exoenditure
Utilities 401-2821-536-64-15 $27,000 $18,824.5]
ITS/GIS 001-15] ] -513-64-15 $23,232 $]8,824.51
ALTERNATIVES: Suspend the advantages gained since the 2007 project implementation.
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City Manager's Signature
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Information Techno]ogy Services
City Attoroey ,I Finance
Depa~e
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Procurement stvices
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
Page 1 of2
DELL
QUOTATION
488398028
861622
32ABH
250-000-09-1
5/13/09
CITY OF BOYNTON BEACH
..,.
Date: 5/13/09 2:50:32 PM
QUOTE #:
Customer #:
Contract #:
CustomerAgreement #:
Quote Date:
Customer Name:
TOTAL QUOTE Af\!iOUNT: $37.c;~n fl'}
Product Subtotal: $37,649.02
Tax: $0.00
Shipping & Handling: $0.00
Shipping Method: Ground Total Number of System Groups: 2
.r:: ::} {"H dJ I r,1 j.. k,.,"TV. " ~Vc:'TCI\~ OIQ'f"E <t?H r.:flo. (\"'1 GROUP TOTAL: $2{L609,,92
~~,,,v,,,,l'~ , \..dVM-J~ i i! ~ 0 j .'<J a ~ i 'l.-Htt f C\iV ~
Base Unit: FC4 Disk Array Enclosure for CX3-20. CX3-40, CX3-80 (222-4355)
Service: GOLD Enterprise Support: 4-Hour 7x24 On Site Service with Emergency Dispatch,2 Year Ext
(970-2312)
Service: GOLD Enterprise Support: 7x24 Escalation Manager, Hw/Sw Tech Phone Support, Enterprise
Command Center, 3Year (970-2572)
Service: GOLD Enterprise Support: 4-Hour 7x24 On Site Service with Emergency Dispatch,lnitial Year
(970-8030)
Service: Dell Hardware Warranty Plus OnSlte Service Initial Year (984-4127)
Service: Dell Hardware Warranty Plus On Site Service Extended (984-4128)
Installation: * items May Not be Returned (467-7646)
Installation: Installation of Storage Components into an Existing Environment. 2 Events (987-2519)
146GB 15K RPM Fibre Channel4Gbps 3.5-in HotPlug Hard Drive (341-3783)- Quantity 15
",'~'"
GROLif>" ,2 -I au "( SYSTEM PHICE: f7" 101 C;JR01;JP o.\L ~,L: iv
i
Base Unit: FC4 Disk Array Enclosure for CX3-20, CX3-40, CX3-80 (222-4355)
Service: GOLD Enterprise Support: 4-Hour 7x24 On Site Service with Emergency Dispatch,2 Year Ext
(970-2312)
Service: GOLD Enterprise Support: 7x24 Escalation Manager, Hw/Sw Tech Phone Support, Enterprise
Command Center, 3Year (970-2572)
Service: GOLD Enterprise Support: 4-Hour 7x24 On Site Service with Emergency Dispatch,lnitial Year
(970-8030)
Service: Dell Hardware Warranty Plus OnSlte Service initial Year (984-4127)
Service: Oell Hardware Warranty Plus On Site Service Extended (984-4128)
.' Installation: * Items May Not be Returned (467-7646)
Installation: HARDWARE INSTALL INCLUDED IN SAN/DAS IMPnNST BUNDLE (984-4327)
146GB 15K RPM Fibre Channel4Gbps 3.5-in HotPlug Hard Drive (341-3783) - Quantity 15
file:l/C:\Documents and Settings\mcnallyj\Local Settings\Temporary Internet Files\OLKB... 5/14/2009
Page
SALES REP: Simon Gervais j PHONE: 800-981-3355
Email Address: simon gervais@dell.com I Phone Ext: 47499
For your convenience, your sales representative, quote number and customer number have been
included to provide you with faster service when you are ready to place your order. Orders may be
faxed to the attention of your sales representative to 1-866-607-6914. You may also place your order
online at http://www.dell.com/qto.
This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement,
to Dell's Terms of Sale.
Prices and tax rates are valid in the U.S. only and are subject to change. Taxes ref/ected on quotes
are estimates and may vary from tax shown at invoicing based on the actual ship to address.
**Sa/es/use tax is a destination charge, i.e. based on the "ship to" address on your purchase order.
Please indicate your taxability status on your PO. If exempt, please fax exemption certificate to
Dell Tax Department at 1-888-863-8778, referencing your customer number.
If you have any questions regarding tax please call 800-433-9019 or email Tax_Department@dell.com.**
All product and pricing information is based on latest information available. Subject to change
without notice or obligation.
LCD panels in Dell products contain mercury, please dispose properly.
Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal
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Dell has a 30 day return policy for new products purchased directly from Dell. Dell's Total Satisfaction
Return Policy may be found at http://www.dell.com/us/en/hied/misc/policy_010_policy.htm.
Shipments to California: For certain products, a State Environmental Fee of up to $10 per item may be
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More Info: Refer to URL www.dell.com/environmentalfee.
file:lIC: \Documents and Settings\mcnallyj\Local Settings\ Temporary internet Files\OLKB... 5/14/2009
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VI.-CONSENT AGENDA
ITEM B.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office ....,
0 0-
0 April 21, 2009 Amil 6. 2009 (Noon) [gI June 16, 2009 \.D :::j-<
June I, 2009 (Noon) ,
c:: ~.....::;::
0 May 5, 2009 Ami! 20, 2009 (Noon) 0 July 7, 2009 June] 5, 2009 (Noon)~ r- 3
c..> :ry -:;.
0 May 19. 2009 Mav 4,2009 (Noon) 0 Julv 2 L 2009 July 6. 2009 (Noon) ::A '/:
~ 0') ~
0 June 2, 2009 Mav 18, 2009 (Noon) 0 August 4, 2009 Julv20, 2009 (Noon) _, g z:
.. -::T. :!Ill
en
-:"fTl
M>
.- ~
0 Announcements/Presentations [gI City Manager's Report fi
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: Motion to approve a resolution to authorize a contract with Glatting Jackson in the amount of
$60,000 for the design and construction drawings for MeadowslNautica Sound Park.
EXPLANA TION: Proposals for the design and construction documents for the development of MeadowslNautica Sound
Park were received from 20 finns. The review team, Wayne Bergman, Building Official, Andrew Mack, Public Works
Engineer and Jody Rivers, Parks Superintendent, rated each proposal based on several criteria. Staff has successfully
negotiated a contract and is ready to move the project forward.
PROGRAM IMPACT: One task of the Scope of Services will be to help the City detennine the physical elements that City
residents would like to see in the park. This will help detennine the program elements and their impacts.
FISCAL IMPACT: The MeadowslNautica Sound Park project has been funded in the CIP for $600,000 (Acct # 302-4298-
580-63-05 CP08!7) utilizing Park Impact Funding.
ALTERNATIVES: (I)
Not to enter into a contract with Glatting Jackson and not to proceed with the
development of the park.
(2)
Defer a decision on the design of the park until August at which time the budget issues
will be addressed and the City Commissi n can move forward with a decision.
Procurement inquired if Glatting Jackson will onor the bid price until August and they
have're to do so.
CIty Manager's Signature
Department Name
b,4h,
Recreation & Parks
S \BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
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RESOLUTION NO. RU9-
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A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A LETTER OF
AGREEMENT IN THE AMOl1NT OF $60,000.00 WITH
GLA TTING JACKSON FOR THE DESIGN AND
CONSTRllCTION DRAWINGS .FOR
MEADOWSINAUTICA SOUND P ARK; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, proposals 1'or the design and construction documents tor the
development of MeadowslNautica Sound Park were received from twenty (20) tirms and
were rated based on several criteria: and
WHEREAS, the City Commission of the City of Boynton Beach upon
recommendation of staff, deems it to be in the best interest of the citizens of the City of
Boynton Beach to approve the Letter of Agreement with Glatting Jackson Kercher. Anglin
to provide design and construction drawings for Meadows/Nautica Sound Park in the
amount of $60,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2.
The City Commission of the Cit) of Boynton Beach, Flonda does
hereby approve and authorize the City Manager to execute a Letter of Agreement for design
and construction drawings for Meadmvs/Nautica Sound Park with Glatting Jackson Kercher.
S \CA\RESO\Agreements\Glattlng Jackson - Nautlca Sound Park (Meadows I dOL 1
Anglin, in the amount of $60,000.00, a copy of which is attached hereto as Exhibit "A".
2
Section 3.
This Resolution shall become effective immediately upon passage.
3
PASSED AND ADOPTED this _ day of June, 2009.
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22 ATTEST:
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26 Janet M. Prainito, CMC
27 City Clerk
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31 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
S'\CAIRESOlAgreemenlsIGlatting Jackson - Nautlca Sound Park (Meadows I doc 2
P,lit ,ii, '.
2.9
2.9
NAME: City of Bovton Beach/Nautica Sound ParI
PROJ # 21761
DATE original: 6/8/09 Rev 1:
Glatting Jackson Kercher Anglin
PROJECT FEE BUDGET
-----
Rev 2:
Rev 4:
ADMiN
2.1
2.2
2.3
2.4
2.5
2.6
Barth Sobczak E Manley McMacken Kuhn Peterman GJ FEE SUB SUB
270 175 115 I HRS I R~:E IHRSI R:~ ~~E IHRSIR~ HRS I $-1
la;~':~ RATE,~ RATE ~RSf RATi~~ ~i;1~11:F~rrigation TOTAL FEE
8 $920 2 $120 10 $1,040 $1,040
8 $920 1 $60 9 $980 $980
16 $1,840 12 $1,680 2 $120 34 $4,720 $1,500 $6,220
$350 16 $1,840 3 $420 22 $2,880 $2,880
7 $805 7 $805 $1,500 $2,305
5 $575 5 $575 $575
o 2 $350 30 $3,450 1 $230 36 $2,880 2 $280 2 $120 73 $7,310 $11,520 $1,500 $20,330
1 $270 19 $2,185 2 $460 1 $60 23 $2,975 $12,960 $900 $16,835
1 $270 2 $350 28 $3,220 2 $460 1 $60 34 $4,360 $4,360
1 $270 2 $350 29 $3,335 2 $460 1 $60 35 $4,475 $4,475
_.aii"
T~~::FEE 8 $2,160 8 $1,400 166 $19,090 7
~CTIVlTY
~':;';",,",d,;i
Project Management
Base Data
Kick-off Meeting/Site Visit
Conceptual MP Design
Statement of Cost
Client Review
4
1
$1,080
$270
2
S\lJiltotal'
"."
30% Submittal
60% Submittal
90% Submittal
Bid Set
I 1--
[C
We Plan and Design
Livable Communities
Jark F GI,ltting, FounriN
William J, Anglin, Jr
David L Barth
Gregory A, Bryla
Dan E. Burden
Charlc~ P. Cobble
Jay H. ExulT'
Carey S, Hayo
Jay R Hood
Timothy T, Jackson
William C. Kercher, Jr
Walter M, Kulash
Br@nt A, Lacy
Sharon K, Lamantia
Ian M. Lockwood
Franc!?s E. Marino
ThomJs J. McMJcken. Jr
John H Percy
Troy p, Ru~s
Peter C. Sechler
Donaid G, Wishart
1389 Peachtree Street, NE
Suite 310
Atlanta, GA 30309
P: 404 541 6552
1523 18th St
)U1te 10 1
Denver, CO 80202
P: 303 524 3090
1 iO North Or;,n')" Avp
Orl,lIldo. rL 32801
r 4078436552
222 Clemat.s Street
Suite 200
We" .'alm Beach, FL33401
1': 56 i 6~9 6"~i
www.glatting.com
GLATTING JACKSON KERCHER ANGLIN
LETTER OF AGREEMENT
May 18, 2009
Revised May 27, 2009
Ms. Jody Rivers
City of Boynton Beach
100 E Boynton Beach Blvd
Boynton Beach, FL 32425
Telephone: (561)742-6226
Hereinafter referred to as Client.
AND
Glatting Jackson Kercher Anglin, Inc.
222 Clematis Street, Suite 200
West Palm Beach, Florida 33401
Hereinafter referred to as Glatting Jackson
Re: City of Boynton Beach! Meadows! Nautica Sound Park
GJ Project No. 21761.0
Dear Jody,
Glatting Jackson is pleased to provide this Letter of Agreement to the City of Boynton Beach to provide
design services for Meadows! Nautica Sound Park. Following is our proposed Scope of Services and Fees.
1.0 PROJECT DESCRIPTION
1.1 The project is the City of Boynton Beach Meadows! Nautica Sound Park, located in Boynton
Beach, Florida, between Meadows and Springfield Boulevards. The site is approximately nine
acres and is currently undeveloped. Existing features include a small storm water pond, utility
easement including overhead power lines and a drainage canal, and an existing sidewalk from
Springfield to Meadows Blvd.
1.2 The Client desires for Glatting Jackson to develop a Conceptual Master Plan for the project based
on community input; develop design and construction documents; and assist the Client with pre-
construction services.
1.3
The Scope of Services for the project is divided into three (3) parts:
Part I Conceptual Master Plan! Public Involvement
Part II Construction Documents
Part III Bidding and Construction Phase Services
1.4
This Agreement includes a lump sum fee for Part I, and estimated fees for Part II. Actual fees for
Part II will be verified upon completion of Part I, and this Letter of Agreement may be amended as
mutually agreed upon between the Client and Glatting Jackson.
Part III - will be provided on an hourly basis or an agreed upon lump sum fee, if needed.
Page I
[C
1.5 The Client represents that it is the owner of the property.
1.6 Additional Professionals working on the project under contract to Glatting Jackson include the
following. The Client acknowledges and agrees that all professional firms working on the project
shall bear separate responsibility and liability for the work prepared by them and their serv]ce~
Kimley Horn & Associates
To be determined
Civil Engineering
Irrigation Design, if needed
2.0 SCOPE OF SERVICES
PART I - Conceptual Master Plan/ Public Involvement
2.1 Project Coordination - In addition to the specific services detailed below (the "Services"). the
Design Team shall coordinate our work with the Client's representative and the Client's project
team, monitor the project schedule as it relates to the scope contained herein. and provide timely
invoicing and reporting of project progress.
2.2 Base Data- The Client will provide Glatting Jackson with the following data:
. Boundary, topographic, site, and tree surveys, if needed
. Architectural and civil plans
. Aerials
. Site photographs
. Proposed construction plans for adjacent development or utility and!or roadway
improvements.
Glatting Jackson shall rely on all information supplied by the Client as accurate and correct.
Additional work required due to inaccurate, incorrect, or incomplete information supplied bv the
Client shall be completed as an Additional Service.
2.3 Kick-off/Site Visit - During a one-day visit, the Design Team will undertake the fo11ow1l11,'
activities:
. Kick-off Meeting - The day will begin with a kick-off meeting, the purpose of which will
be design team, client, and stakeholder introductions and an identification of a preliminary
project program and design theme. This kick-off meeting shall occur in the Client' ~
offices and meeting agenda will include:
o Introductions
o Client objectives for the project
o Project Requirements
o Project Budget
o Project issues
o Design Intent! Preliminary Development Program
o Project Design Theme
o Design Team and Client Responsibilities
o Project Schedule
[C
· Site Visit - The Design Team will visit the site in order to develop an understanding of the
site's opportunities and constraints. During this site visit, environmentally sensitive areas
will be identified and the probability of listed species will be investigated for the purposes
of conceptual master planning.
· Public Meeting/ Walking Tour - The Design Team will conduct a walking tour of the
project site and an on site public meeting to obtain input from residents from the
surrounding neighborhoods and invited guests. The purpose of the meeting will be to
understand the desires of the park users that will help form the programming schedule for
the Park. Glatting Jackson will present previously prepared design concepts to determine if
there is community consensus regarding a preferred approach. The Client shall be
responsible for scheduling and advertising the meeting, inviting participants, and making
physical arrangements.
· Summary Memorandum - The Design Team will summarize the findings from the day
in a brief memo to the Client. Included in this memo will be a recommendation for
programming and design direction. The Client will provide approval of the program and
design direction before the design team proceeds with preparation of the Master Plan.
Attendance at any additional meetings required to develop consensus will be provided as
an Additional Service to this Agreement.
2.4 Conceptual Master Plan Design - Based on the approved program and design direction from the
Client, any environmental constraints, and input from the public meeting, the Design Team shall
prepare a conceptual master plan for the project.
2.5 Conceptual Statement of Probable Cost - The Design Team shall prepare a preliminary
statement of probable construction cost for the conceptual Master Plan.
2.6 Client Review - The Client will review the preliminary conceptual Master Plan and statement of
probable cost and provide a consolidated set of written review comments to the Design Team. The
Client will also present the Conceptual Plan to the public, if desired, for review and approval.
The Design Team will proceed with the schematic design phase of the work, incorporating the
Client's review comments into the plans in the next phase of the work. Additional revisions or
concepts requested by the Client shall be provided as an Additional Service.
De/iverables - As a result of these tasks. the Design Team shall produce the following:
Kick-off meeting summary memorandum
One (1) printed and one (1) digital copy of the conceptual Master Plan
One (1) printed and one (1) digital copy of the briefmemorandum describing environmental
considerations and recommendations
One (l)printed and one (1) digital copy of the conceptual statement of probable cost
Page \ :3
[C
PART II Construction Documents
2.7 Construction Documents - Based on the approved Conceptual Master Plan of Part 1. (rIutting
Jackson shall develop a preliminary design of the proposed project improvements. Preliminar:--
plans shall include the following:
· Demolition/site preparation plans
· Layout and hardscape construction plans and details
· Grading and drainage plans and details
· Irrigation plans and details, if required
· Site furnishings plan and details
· Planting plan and details
Architectural, structural, utility and/or electrical plans and details are not included in this
Agreement, and will be provided as an Additional Service if requested by the Client.
Submittals to the Client will be at thirty percent (30%), sixty percent (60%>) and ninety percent
(90%) completion intervals for review. Statements of probable construction costs will be
submitted after each plan submittal. With the 90-percent drawing submittal, Glatting Jackson will
prepare and submit draft technical specifications for pertinent Division 2 through Division 1 h
sections. The Client will be responsible for Division I specifications (front-end documents)
Deliverables - Glatting Jackwn shall produce the (ollowing.fr)/- the Client at each suhmittal
Three (3) sets of the plans
- Three (3) copies ofStatemenudProbable Construction Costs
- Technical spec({ications (9()O n suhmittal onlv). C!) copies
2.8 Design Review Meetings - Glatting Jackson shall meet with the Client to review the plans at each
submittal. The Client will prepare a consolidated set of written review comments that will be
discussed during each review. Minor revisions will be incorporated into cach subsequent le\el of
documentation. Significant revisions requested by the Client shall be provided as an Additional
Service.
2.9 Bid Documents - Based on the Client's comments from the 90% review meeting, Glatting
Jackson shall prepare bid documents, including final construction documents and technical
specifications.
2.10 Final Statement of Costs - Glatting Jackson shall prepare a final statement of probable
construction costs based on the final construction documents.
Deliverables - Glatting Jackwn shall produce theloflowing'
One (1) reproducible set of Bid Documents
- One (1) bound sets (~frull-size For Bid Constructioll Plans( copies)
- One (1) loose set offull-size For Bid Constl11ctioll PIa liS
- One (1) unbound set of Technical Specdicatiolls
- Three (3) bound sets of the Technical SpecificatTon.1
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_ Three (3) copies of the Final Statement of Probable Construction Costs
PART III - Bidding and Construction Phase Services
2.11 Bidding Assistance
. Pre-Bid Meeting - The Design Team will attend a pre-bid meeting with the Client and
potential bidders. It is the responsibility of the Client to schedule, advertize, and provide a
location for this meeting.
. Issuing Addenda - The Design Team will issue addenda in response to bidder's requests for
clarification of the contract documents or additional information. Significant changes to the
documents during or after bidding due to unknown site conditions, inaccurate information
provided by the Client, substantial deviations in materials, design or methods previously
approved by the Client, and regulatory agency requirements after permit approvals
2.12 Construction Phase Services - The Design Team's responsibility to provide services during
construction of the project under this Agreement commences with the award of the initial Contract
for Construction and terminates at the earlier of the issuance to the Client of the Contractor's final
Certificate for Payment or 60 days after the date of Substantial Completion of the work.
The contract for construction shall be between the Client and the Contractor. The Client or his
designated representative shall be responsible for day-to-day administration of the contract and for
daily observation of construction. The Client shall notify the Design Team when services in
addition to those described in this Part of the work are required, which shall be provided as an
Additional Service to this Agreement.
. Administrative Services - The Design Team's work shall include:
o Pre-Construction Meeting (1 meeting)
o Construction Meetings (4 meetings; concurrent with site visits listed below)
o Review of Product Submittals by Contractor
o Review of Shop Drawing Submittals by Contractor
o Preparing responses to RFI's from Contractor
o Preparing Field Sketches or Modifications to Documents Related to
Constructability based on Contractor requests or site observations
o Evaluate Substitutions by Contractor
. Site Visits to Observe Construction - The Design Team will visit the site four (4) times
(concurrent with construction meetings), at intervals appropriate to the stage of construction to
become familiar with the progress and quality of the work completed, and to determine in
general if the work observed is being performed in a manner indicating that the work, when
fully completed, will be in accordance with the construction documents. However, the Design
Team will not be required to make exhaustive or continuous on-site inspections to check the
quality or quantity of work.
The Design Team shall neither have control over or charge of, nor be responsible for, the
construction means, methods, techniques, sequences or procedures, or for safety precautions
Page i :;
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and programs in connection with the work, since these are solely the C0ntractor's rI!!hts and
responsibilities under the contract documents.
· Site Visit Reports - Each site visit will be followed by a report to the Client of known
deviations from the contract documents. However the Design Team shall not be responsible
for the Contractor's failure to perform the work in accordance with the requirements of the
contract documents or the project schedule.
· Project Completion - The Design Team's work shall also include:
o One (I) site Visit to determine the date of Substantial Completion
o One (I) site Visit to determine the date of Final Completion
PART IV - Additional Services
2.13 Additional Services - Glatting Jackson will provide Additional Services as mutually agreed
upon between Glatting Jackson and the Client. If such changes affect Glatting Jackson's cost or
time required for performance of the Services, an equitable adjustment will be made through an
amendment to this Agreement. Additional Services may include but are not limited to:
· Environmental Permitting - It is assumed that the Conceptual Master Plan will be designed to
avoid any impacts to on-site wetlands, and that no environmental permitting will be required
for this project. If permitting assistance is required (including ACOE and Gopher tortoise
permitting and relocation) it shall be provided as an Additional Service.
· City Permitting Assistance - It is assumed that the Client will undertake permitting for the
project; if permitting assistance is required it shall be provided as an Additional Service
· Traffic counts and analysis studies
· Additional public meetings or presentatiom
· Electrical Engineering/Site Lighting design
· Grant applications and program administration
PART V - Services Not Provided
2.14 Services Not Provided
· Recommendation of Contractor
· Contract Administration Between Owner and Contractor
· On-Site Construction Supervision or Management
. As Built Documents
· Any work required by federal, state, or local code to be provided by a licensed professional
other than a Landscape Architect is beyond the scope of the work to be performed by (ilatting
Jackson. Each professional on the team will sign and seal documents containing the \vmk
prepared by them.
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3.0 PROJECT SCHEDULE
Glatting Jackson is prepared to begin work on the project immediately upon receipt of this
executed Letter of Agreement and a retainer if required under Compensation. Glatting Jackson, in
consultation with the Client, shall perform its work in such a manner as to comply with a mutually
agreed schedule.
4.0 ASSIGNED PERSONNEL
The following personnel from Glatting Jackson will be assigned to this project, and will have the
responsibilities described:
David Barth, ASLA, AICP
Elisabeth Manley, ASLA
Mike Sobczak
Principal-In-Charge/ Project Manager
Landscape Architect 2
Senior Urban Designer
5.0 COMPENSA TION
5.1 Part I - The fee for Part I - Master Plan/ Public Involvement shall be a lump sum fee of fourteen
thousand dollars ($14,000), including direct expenses.
5.2 Part II - The fee for Part II, Construction Documents, is estimated not to exceed forty six
thousand dollars ($46,000), based on the anticipated site development program and the Clients'
construction budget of $540,000. This fee shall be a lump sum fee including direct expenses. The
fee for Part II will be verified upon completion of Part I, and this Letter of Agreement will be
amended as necessary.
5.3 Part III - The fee for Part III - Bidding and Construction Phase Services, if requested by the
Client, shall be billed using the Hourly Rates Schedule listed herein, or as an agreed upon fixed
fee. The fee to provide these services is in addition to the fees listed in Parts I and II.
5.4 Part IV - The fee for Part IV, Additional Services, shall be billed using the Hourly Rates
Schedule listed herein, or as an agreed upon fixed fee.
5.5 Hourly Rate Schedule
Principal 6
Principal 5
Principal 4
Principal 3
Principal 2
Principal 1
Ecologist 6
Ecologist 5
Ecologist 4
Ecologist 3
Ecologist 2
Ecologist 1
$295
$270
$245
$230
$205
$175
$215
$175
$140
$115
$100
$ 80
Transportation Planner/Engineer 6
Transportation Planner/Engineer 5
Transportation Planner/Engineer 4
Transportation Planner/Engineer 3
Transportation Planner/Engineer 2
Transportation Planner/Engineer I
Environmental Graphics Designer 6
Environmental Graphics Designer 5
Environmental Graphics Designer 4
Environmental Graphics Designer 3
Environmental Graphics Designer 2
Environmental Graphics Designer 1
$215
$175
$140
$115
$100
$ 80
$215
$175
$140
$115
$100
$ 80
Page i 7
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Landscape Architect 6
Landscape Architect 5
Landscape Architect 4
Landscape Architect 3
Landscape Designer! Archi teet 2
Landscape Designer 1
Planner 6
Planner 5
Planner 4
Planner 3
Planner 2
Planner 1
$215
$175
$140
$115
$100
$ 80
$215
$175
$140
$115
$100
$ iW
Urban Designer 6
Urban Designer 5
Urban Designer 4
Urban Designer 3
Urhan Designer 2
Urban Designer I
Graphic Artist/GIS 4
Graphic Artist/GIS 3
Graphic Artist/GIS 2
Graphic Artist/GIS I
Administrative Assistant
Technician
\21 "
<;']'"
S j-+I
'hI I-
S 1 i H
S 'Ii
$11
');! )1,
$ Ii
S \1
<;; i)\'
S
5,6 Other Direct Costs - Other direct costs incurred in completing Parts I and II of the scope ,':i
services are included in the fees for Part Ill. if the work is billed on an hourly basis direct Cthts
will be billed at cost without markup. Other direct costs may include. but are not limited to, costs
for reprographics. printing, photocopying, photography, courier services. travel expense~,
automobile mileage and other expenses. Personal automobile mileage shall be charged al lhl
current IRS regulation limit.
5.7 Application Fees - All application, filing, and permit fees, including, without limitation, all fees
to local. regional and state governments and agencies, shall be paid by the Client directly to the
appropriate agency at the necessary time,
5.8 Subconsultant Fees Fees for subconsultants working on this project under direct contract with
Glatting Jackson are included in the fees for each part of the scope of services detailed above
5,9 Retainer - No retainer will be required.
6.0 CLIENT RESPONSIBILITIES
6,1 Client shall designate a Project Representative upon execution of this Letter of Agreement, wlw
shall be Glatting Jackson's point of contact with the Client, and who shall, by virtue of Client's
designation, have authority to bind the Client. Client's Project Representative with such authonly
is Jody Rivers. The Project Representative shall be responsible for all coordination with the
Owner (if a separate person or entity from the Client) and any separate consultants.
6.2 Client shall provide full information to Glatting Jackson regarding project requirements and
constraints including, without limitation, a program setting forth the Client's objectives. and shal]
provide all data, drawings, information or other resources requested by Glatting Jackson that arc
necessary for completion of the project.
6.3 Client shall comply with any schedule requirements made known to the Client by Glatting Jackson
and, in any event, shall be available to meet with Glatting Jackson and provide decisions in "
timely manner throughout the project.
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6.4 Client shall be responsible for all other aspects of the project not specifically assigned to Glatting
Jackson under this Letter of Agreement or any subsequent request (and acceptance) for Additional
Service.
7.0 SUPPLEMENTAL TERMS OF AGREEMENT
7.1 Acceptance of Agreement - This Letter of Agreement shall be valid for Client acceptance for a
period of fifteen (15) days from the date of execution by Glatting Jackson. This Letter of
Agreement may be terminated by either party with fifteen (15) days written notice. In the event of
termination, Glatting Jackson shall be compensated through the date of termination for all fees and
direct expenses incurred, including, without limitation, all fees for hours spent on hourly rate tasks,
and a proportionate amount based on services performed and the level of completion of all fixed
fee or lump sum tasks.
7.2 Submittal and Payment of Invoices - The Client assures Glatting Jackson that financial
arrangements have been made to fulfill the Client's obligations under this Letter of Agreement.
Invoices for services shall be submitted on approximately a monthly basis. Payment shall be due
upon receipt. If the Client has any questions on an invoice, the Client agrees to call the Project
Manager within five working days of receipt of the invoice. Failure to call within this period
acknowledges that the invoice is correctly rendered to the Client and therefore payable within the
prescribed time.
7.3 Action of Agencies Not Guaranteed - Glatting Jackson will exercise professional skill in
executing its services, however, it cannot and does not guarantee the action of any governmental
official, agency or judicial proceeding. The Client shall pay all invoices submitted in accordance
with this Letter of Agreement regardless of the results of any such governmental or judicial
actions.
7.4 Ownership of Documents - All documents, work product and information contained therein
prepared by Glatting Jackson or its Subconsultants are instruments of service for use by the Client
solely with respect to this Project. Glatting Jackson shall be deemed the author of these
documents, work product and information, and shall retain all rights thereto. The drawings and
specifications are not suitable for reuse by the Client on any other project or for additions or
extensions to this Project without appropriate professional review and adaptation. Any reuse or
adaptation without Glatting Jackson's professional involvement will be at the Client's sole risk
and without liability to Glatting Jackson. If the drawings and specifications are to be so used
without Glatting Jackson's professional involvement, the Client hereby agrees to remove Glatting
Jackson's name, professional seal, title block and other means of identification from the drawings
and specifications prior to such use, and the Client hereby further agrees to hold Glatting Jackson
harmless from any and all claims, damages, losses, expenses and attorney's fees arising out of or
resulting there from, to the extent permitted by law.
7.5 Retention of Records - All original documents, work product and information contained therein
shall be retained by Glatting Jackson for two (2) years following completion of the Project. After
that time, Glatting Jackson reserves the right to dispose of the documents, work product and
information consistent with Florida's public records laws and retention requirements. The Client
may request reproducible copies of all original deliverables at its expense.
Page! 9
[C
7.6 Limitation of Liability - Glatting Jackson is not responsible or liable for any circumstances, acts,
errors, omissions or events, of any type associated with the Project, beyond its reasonable control
including, without limitation, any decisions made or interpretations or clarifications of an:
contract documents without consultation and advice of Glatting Jackson, construction COSb. [he
acts or failures to act of any governmental or judicial agency, or the existence of hazardous waste
of any type. Glatting Jackson shall not be responsible or liable for the acts or omissions of an}
contractor, separate consultant, subconsultant or supplier, or of any of the agents or employees of
any of them or any other persons at the Project site or otherwise furnishing or performing 311\ of
their work.
7.7 Assignment of Agreement - Neither the Client nor Glatting Jackson shall have any right to assign
this Letter of Agreement to any other person or entity, absent prior written consent from the other
party.
7.8 Dispute Resolution - In the unlikely event of any dispute, difference, claim or counterclaim
between Glatting Jackson and the Client arising out of or in connection with this Letter of
Agreement, which cannot be amicably resolved by the parties through good faith negotiations. an}
such matter shall be submitted to the circuit court, or such other court having subject matter
jurisdiction, in and for Palm Beach County, Florida, for trial and determination by the coun sitting
without jury. The parties hereby consent to the jurisdiction of such court and to the service (] i
process outside the State of Florida (ifapplicablel pursuant to the requirements oflaw, and the)
expressly waive the right to a jury trial. The losing party agrees to pay the prevailing party' '.
reasonable attorney's fees and all costs and litigation expenses incurred in bringing any sllch. ,uit
including paralegals, and at the trial court and all appellate levels.
7.9 Entire Agreement / Governing Law - Regarding the subject matter hereof. this Agreement
contains the entire agreement of the parties and their representatives and agents, and supersedes all
prior understandings, whether oral or written. This Agreement shall be governed by the 13\\'5 (If the
State of Florida.
7.10 Professional Registration Numbers (Florida):
Corporate LA
Corporate
Kevin J. Aust
David L. Barth
Michael J. Brown
Gregory A. Bryla
Nathan L. Clair
Charles P. Cobble
William C.
John T. Griffin III
Bruce C. Hall
Hayley D
Jay R. Hood
David M. Hoppes
Daniel Manley
LC C000049
EB 0005812
LA 6666838
LA 0000573
LA 6666962
LA 0001259
LA 6666729
LA 0001576
LA 6666885
LA 6666700
LA 0001367
LA 6666963
LA 0001277
LA 0001719
LA 6666717
Elisabeth Manley
Thomas 1.
Carlos F. Perez
Peter C. Sechler
Andrew B.
Gary E. Warner
Joe J. Webb
John Paul Weesner
Donald G. Wishart
Jay Wozniak
Timothy T.
Laurence V. Lewis
Kok Wan Mah
Paul J. Moore
Patricia Tice
LA 6666722
LA 0001 ] 93
LA 6666902
LA 0001465
LA 6666767
LA 0001473
LA 6666766
LA 6666R36
LA 0001026
LA 0666837
PE 0035544
PE 0061739
PE 0056739
PE 00533C)3
PE 005409S
[C
We look forward to working with you on this project. I f you find these tenllS acceptable. please sign where
indicated helow and return one signed original to Glatting Jackson for our files. Please call me if you have ar
questions.
Sincerely.
David Barth. ASLA, Ale?
Vice President
AGREED TO AND ACCEPTED BY:
Cit}' of Boynton Beach
By:
Name
Its:
Title
Date:
GJattiog Jackson Kercher Anglin. Inc.
By:
/
L.____
David L. Barth
Its:
Vice President
Dale:
r:7.~.~
VI.-CONSENT AGENDA
ITEM C.t
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 A ril2l, 2009 ~ June 16, 2009
0 5,2009 0 Jul
0 19,2009 0 Jul
0 June 2, 2009 0 Au st 4, 2009
0 Announcements/Presentations 0
NATURE OF 0 Administrative 0
AGENDA ITEM ~ Consent A enda 0 Le al
0 0 Unfinished Business
0 Public Hearin 0
RECOMMENDATION: To approve, via resolution, a Lease Agreement with Team Reel Estate, Inc.
d.b.a. Florida Fishing Academy for use of the Bait Shop at Boat Club Park to be operated as a bait shop
for a period of three (3) years.
EXPLANATION: The Florida Fishing Academy is a local non-profit organization with a mission to
teach fishing as a healthy lifestyle and a constructive hobby. The Academy has proposed to use the
building as a bait shop to benefit the educational efforts of the Academy. In return for use of the
building, the Academy will pay an annual sum of One Dollar ($1.00) and give 300 hours of instruction
and $1,875 in materials per year to the City for programs such as Hooked on Fishing-Not on Drugs,
after-school and summer camps, senior programs and other programs.
The bait shop building was constructed in the mid-1980s. It was leased to a private operator until late
2000. The building is currently being used for storage and office space for the parking attendants, which
collect parking/launching fees on holidays and weekends at the park. It stopped functioning as a bait
shop because the vendor was not generating enough revenue.
PROGRAM IMPACT: The Academy currently offers programs to the city through summer and
specialty camps. Operation of the bait shop will allow for expansion of that program to after-school
programs and other programs for a total of 300 hours. Additionally, the Academy will upgrade the
building at no cost to the City. Upgrades include replacement of the exterior of the building with stucco,
painting of the exterior and replacement of door and windows. The building will then complement the
design of the new restroom to be built at Boat Club.
FISCAL IMPACT: The Academy's normal hourly rate for instruction is $45. 300 hours of instruction
is the equivalent of$13,500 plus the $1,875 in materials which equals a total of$15,375 of in-kind value
to the City annually.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
\
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES: Not to enter into a
ase ~greement with the Flo da F hing Academy.
Y~-"--'"t'
City Manager's Signature
Assistant to City Manager ~
Recreation & Parks
City Attorney / Finance
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
25
26
RESOLliTION NO. R 09-
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A RESOLllTION OF THE CITY COMMISSION OF
THE CIT)' OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE EXECUTION OF THE LEASE
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND TEAM REEL ESTATE, INC., D/B/A
FLORIDA FISHING ACADEMY FOR A PERIOD OF
THREE (3) YEARS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, upon recommendation of staff. the Cit) Commission has determined
13
that it is in the best interests of the residents of the City to execute a Lease Agreemcnt WIth
14
Team Reel Estate, Inc., d/b/a Florida Fishing Academy for the use of the Bait Shop al L30at
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161
Club Park to be operated as a bait shop for a period of three (3) ycars.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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I
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
20
hereof
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Section 2.
The City Commission of the City of Boynton Beach. Florida does
22
hereby authorize the execution of thc Lease Agreement with Team Reel Estate. ltll j/hi;\
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Florida Fishing Academy for the use of the Bait Shop at Boat Club Park to be operated as a
bait shop tor a period of three (3) years. a copy of which is attached hereto as Exhibit ..\ .
Section 3.
This Resolution shall become effective immediately upon passage
, !
I
1 PASSED AND ADOPTED this _ day of June, 2009.
2
3 CITY OF BOYNTON BEACH, FLORIDA
4
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6 Mayor - Jerry Taylor
7
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9 Vice Mayor- Woodrow L. Hay
10
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12 Commissioner - Ronald Weiland
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15 Commissioner - Jose Rodriguez
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18 Commissioner - Marlene Ross
19 ATTEST:
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23 Janet M. Prinito, CMC
24 City Clerk
~~
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31 (City Seal)
LEASE AGREEMENT
THIS AGREEMENT. dated this
da). oj
2009. by and between
CITY OF BOYNTON BEACH. a municipal corporation organized and operating under
the laws of the State of Florida. with an address of 100 E. Boynton Beach Boulevard.
Boynton Beach, Florida 33435, hereinafter referred to as "LESSOR",
and
TEAM REEL ESTATE, INC. d/b/a FLORIDA FISHING ACADEMY. a Florida
corporation authorized to conduct business in the State of Florida, with an address of 7067
Peninsula Court, Lake Worth, FL 33467 hereinafter referred to as "LESSEE"
WHEREAS, the City of Boynton Beach and Team Reel Estate. Inc. desire to enter into this
Lease Agreement; and.
WHEREAS, the City agrees to Lease to Team Reel Estate, Inc. for the use of the Florida
Fishing Academy a portion of the designated facility located at the Boat Club for the purposes set
forth herein; and.
WHEREAS. the Lease Agreement does not preclude the City from also using the remaining
property located at the Boat Club as provided herein; and.
NOW, THEREFORE, the parties hereto for the promises and covenants herein contained
and other good and valuable consideration, the sufficiency of which is hereby acknowledged state as
follows:
1. PREMISES~ LOCATION AND USE THEREOF.
1.1. LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the
building at the Boat Club Park located at 2010 North Federal Highway, Boynton Beach. Florida. with all
improvements therein, which shall hereinafter be referred to as "the Premises",
I .2. This Lease Agreement includes the lease of the parking areas used in connection with and
minimally necessary for the operation of the Premises for its intended use,
1.3 This Lease is subject to the terms. covenants and conditions herein set forth and LESSl-T
covenants as a material part of the consideration for this Lease to keep and perform each and every teml.
covenant and condition herein set forth.
2. USE.
2.] LESSEE shall use the Premises for the operation of a "bait shop" where the LESSEF \\ ill
otfer for sell the products generally listed is Exhibit "A,"
2.2. LESSEE shall not do or permit anything to be done in or about the Premises or allow the
Premises to be used for any improper. unlawful or objectionable purpose; nor shall LESSEE cause.
maintain or permit any nuisance in. on or about the Premises. LESSEE shall not commit or allow to be
committed any waste in or upon the Premises.
3. RENT.
3.1. LESSEE agrees to pay to LESSOR as Rent, without notice or demand, for the Term of this
Lease, the annual sum of One and 00/1 00 ($1.00) dollar. The rental payments shall commence on the date
upon which the last party to this Agreement has executed this hereinafter defined as the "Commencement
Date" and each year thereafter for the term of this Lease. All rental payments shall be paid to LESSOR.
3.2. In exchange for the nominal rent, LESSEE agrees to provide the Three Hundred (300)
hours of instruction and One Thousand Eight Hundred Seventy-Five and 00/1 00 ($1,875.00) dollars in
materials per year of the term that benefit the participants of the City of Boynton Beach's programs, which
includes fishing instruction from the Hooked On Fishing-Not On Drugs curriculum, advanced fishing
instruction and fishing trips, and may be provided in a combination of summer and specialty camps, after
school programs and other programs.
4. LESSEE'S OBLIGATIONS.
4.1. LESSEE shall submit a written description of the products being offered and a detailed
description of the item. Merchandise, souvenirs and any other non-consumables can be sold by LESSEE.
LESSOR shall have the final approval on what products are offered for sale. Approval will not be
unreasonably withheld.
4.2. LESSEE shall keep accurate records of all sales and receipts through the use of electronic
cash registers which provide daily tapes and reports.
4.3. LESSEE will provide a monthly report to the LESSOR and attach copies of the daily tapes
of each report by the 15th of the following month. LESSOR shall have the right to inspect the financial
books, records and inventories of LESSEE in relation to the operation of the bait shop at the Premises at
any reasonable time.
4.4. LESSEE will be responsible for the purchase, inventory and security of all products
offered for sale in the Premises. LESSOR shall not be responsible for any goods or equipment stored at
the Premises nor will it be responsible for damage resulting from a power failure, flood, fire, theft,
vandalism, explosion and/or any other causes to LESSEE's goods or equipment.
4.5. LESSEE shall arrange for the delivery of supplies used at the Premises at times and in a
manner so that such deliveries do not create congestion or undue interference with regular operation and
maintenance of the site.
4.6. LESSEE agrees to make all the renovations to the Premises as listed on the "Bait shop
renovation list" attached hereto as Exhibit "B."
4.7. LESSEE will use all its own equipment, as approved by the appropriate governing agency.
LESSEE shall provide all working capital. operating equipment and inventory necessary to effectively
manage the operation of a bait shop.
4.8. LESSEE shall supervise and compensate all of its employees at the Premises. LESSEE's
staff shall be employees of the LESSEE and not the LESSOR.
4.9. Consumption of alcoholic beverages, smoking and the use of any tobacco products is
strictly prohibited at the Premises.
Page 2 of 1 0
4.10. No cooking or heating of any foods products and products for consumption is allowed Iti
the Premises. including but not limited to the use of ovens. burners, microwave ovens.
4.11. LESSEE's employees shall be neatly dressed at all times. LESSEE shall only employ
competent personnel to perform retail services. In the event that at any time during the term of the Lease
Agreement the LESSOR desires the removal of any person(s) employed by the LESSEE to perform
services at the Premises pursuant to this Lease Agreement. for any reason. the LESSEE shall remove such
person(s) immediately upon receiving notice from the LESSOR of the desired removal of such person! s)
4.12. LESSEE shall ensure that background checks of all of LESSEE's employees working a1
the Premises shall be performed by the CITY OF BOYNTON BEACH POLICE DEPARTMENT at the
expense of the LESSEE.
4.13. LESSEE shall maintain copies of Material Safety Data Sheets (MSDS's) for all of the
products used in the performance of the contract on the premises. The MSDS's shall be easily accessibk
for the purpose of reference with regard to toxic and hazardous properties, precautions to take and what Ili
do in case of an emergency.
4.14. LESSEE will be responsible for disposing of all its trash and garbage in the designated
dumpster or recycling areas. LESSEE is responsible for complying with all recycling rules. regulations.
and laws of the CITY and/or appropriate governmental bodies.
4.15. LESSEE shall make every effort to assist the CITY in keeping the area free from debris
and litter.
4.16. LESSOR shall be solely for and shall promptly pay all charges for utilities including.
sewer. electricity. telephone, security. solid waste disposal. recycling. and alarnl service.
5. HOURS OF OPERATION.
5.1. LESSEE may designate its own hours of operation; however, LESSEE agrees that the bait
shop shall be open for operation at a minimum on Friday, Saturdays and Sundays from 6:00 a.m. to 3:00
p.m. and on the following holidays: Martin Luther King Day, President's Day. Memorial Dav.
Independence Day, Labor Day. Veterans Day. Day after Thanksgiving Day, and Christmas Day.
5.2. LESSEE shall provide LESSOR with a monthly schedule designating hours of operation
of the bait shop and a schedule of instruction time to the Department Director by the 15th of each month
for the month following.
6. TERM.
6.1. Term. The Lease term shall commence on the Commencement Date and continue for
three (3) years, (hereinafter referred to as the "Term"). LESSOR and LESSEE may. by mutual consent.
agree to renew this Lease for two (2) additional two (2) year terms by executing a written amendment to
this Lease providing for the equal dignity herewith.
6.2. LESSOR may terminate this Lease at any time upon providing LESSEE with sixty (60)
days written notice. LESSEE will have no obligation to pay any rent. costs. or expenses which may
accrue following the termination of the Lease.
Page 3 of 1 0
7. COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT ("ADA" OR
"ACT") AND OTHER LAWS.
7. I. Should any improvements made by the LESSEE's be determined to require alterations to
bring the Premises into compliance with the Act, LESSEE shall be responsible to perform such alterations
and ensure that its operations are in compliance with the Act and the regulations interpreting the Act
currently in effect or hereafter promulgated. LESSEE shall not use the Premises, or permit anything to be
done in or about the Premises, which shall in any way conflict with any applicable general law, statute,
ordinance or governmental rule or regulation now in force or which may hereafter be enacted or
promulgated.
7.2. LESSEE shall, at its sole cost and expense, throughout the Lease Term, promptly comply
with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force, or
which may hereafter be in force, and with the requirements of any board of fire underwriters or other
similar bodies now or hereafter constituted relating to or affecting the condition, use or occupancy of the
Premises, including any structural changes related to or affected by LESSEE's improvements or acts.
8. MAINTENANCE. REPAIRS. IMPROVEMENTS AND ALTERATIONS.
8.1. LESSEE's taking possession of the Premises shall be conclusive evidence of LESSEE's
acceptance thereof in good, sanitary order, condition and repair, and with no defects of any sort. LESSEE
shall, at LESSEE's sole cost and expense, throughout the Term hereof, keep the Premises in good
condition and repair including maintenance, replacement and repairs, which may be necessary, to keep the
Premises in the condition delivered to LESSEE on the commencement date hereof, ordinary wear and tear
excepted. LESSEE shall promptly make, at LESSEE's sole cost and expense, all repairs in or to the
Premises for which LESSEE is responsible.
8.2. LESSEE will make improvements and repairs which are consistent with the list attached
hereto as Exhibit "B". For the improvements listed in Exhibit "B", the LESSEE will not seek any
reimbursement from the LESSOR. For purposes of this Section, the term "improvement" shall include
any structural, plumbing, or electrical improvements which are part listed on the renovation list as
attached hereto.
8.3. No improvement, alterations or additions shall be made by LESSEE without prior written
consent of LESSOR unless specifically permitted herein, provided, however, LESSOR's consent shall not
be unreasonably withheld. LESSOR may review any and all repairs and improvements proposed to the
Premises which are reasonable and necessary to maintain the current appearance and integrity of the
Premises.
8.4. LESSEE agrees that it shall not create, permit, or suffer the imposition of any lien, charge,
or encumbrance upon the Premises, Building, Property, or any part thereof. LESSEE agrees that it shall
make full and prompt payment of all sums necessary to pay for the costs of repairs, alterations,
improvements, changes, or other work done by LESSEE to the Premises, and further agrees to indemnifY
and hold harmless LESSOR from and against any and all costs and liabilities incurred by LESSEE and
against any and all mechanic's, materialmen's, or laborer's liens arising out of or from any work where
the cost thereof which may be asserted, claimed or charged against the Premises.
8.5. In the event any notice of claim of lien shall be asserted of record against the LESSOR's
interest in the Premises on account of or arising out of any improvement or work done by or for LESSEE,
Page 4 of 10
l)r any person claiming by, through or under LESSEL for improvements or work the cosl (YI which is tht.'
responsibility of LESSEE, LESSEE agrees to have such notice of claim of lien canceled and discharged cd
record as a claim against LESSOR' s interest in the Premises (either by payment or bond as pennitted h\
law) within ten (10) days after written notice to LESSEE by LESSOR,
9. ASSIGNMENT AND SUBLETTING.
9.1. LESSEE shall not assign the right of occupancy under this Lease Agreement. or any other
interest therein. or sublet the Premises. or any portion thereof without the prior written consent (1f
LESSOR.
9.2. Under no circumstances shall the LESSEE mortgage, pledge, encumber. or involuntaril:
assign (whether by operation of law, legal process, or otherwise) this Lease, the Premises. or LESSEE'"
leasehold estate. In the event of any violation of the preceding sentence, or of any assignment or subletting
not in strict conformance with the provisions of this Section, same shall constitute a breach and default of
this Lease which shall entitle LESSOR to immediately terminate this Lease and exercise all the remedies
provided to LESSOR hereunder, and under applicable Florida law.
10. INSURANCE.
i O. i. LESSEE shail provide insurance in the following forms and amounts during the term (11
this Lease:
10.1.1. Comprehensive General Liability insurance to cover liability bodily injury and
property damage. Exposures to be covered are: premises, operations, products/completed
operations, and certain contracts. Coverage must be written on an occurrence basis. with the
following limits ofliability:
A.
General Liability
I . Each Occurrence
") Annual Aggregate
$1.000,000
$1.000.000
B. Workers' Compensation - To statutory limits.
10.2. LESSEE shall not occupy the Premises until all insurance required under this paragraph
has been obtained and such insurance has been approved by the LESSOR'S Risk Manager.
10J. Certificates of Insurance which name the LESSOR as an additional insured, and reflect
evidence of the required insurance shall be filed with the LESSOR's Risk Manager prior to the
commencement of this Agreement. These Certificates shall contain a provision that coverage's afforded
under these policies will not be cancelled until at least forty-five days (45) prior written notice has been
given to the LESSEE. Policies shall be issued by companies authorized to do business pursuant 10 the
laws of the State of Florida. Financial Ratings must be not less than "B+ " in the latest edition of "Best
Key Rating Guide", published by A.M. Best Guide.
10.4. Insurance shall be in force and so long as LESSEE remains in possession of the Premisc;,
or until the obligations required to be fulfilled under the terms of this Lease are satisfied. In the event the
insurance certificate provided indicates that the insurance shall terminate and lapse during the period of
this Lease, then LESSOR shall furnish to LESSEE. at least thirty (30) days prior to the expiration of the
date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the
balance of the period of the contract and extension thereunder is in effect. The LESSEE shall not have
Page 5 of I 0
any obligation to perform under the terms of this contract unless all required insurance remains in full
force and effect.
11. FORCE MAJEURE.
11.1 The obligations of LESSOR herein shall be excused to the extent arising from the lack of
ability of LESSOR, to use the Premises as a result of, or by cause or causes beyond LESSEE's absolute
control which shall include without limitation, all labor disputes, civil commotion, civil disorder, riot, civil
disturbance, war, war-like operations, invasion, rebellion, hostilities, military or usurped power, sabotage,
governmental regulations, orders, moratoriums, or controls, fire or other casualty, or through Acts of God.
12. TAXES.
12.1. LESSOR shall pay, or cause to be paid, before delinquency, any and all taxes levied or
assessed and which become payable during the Term hereof upon the real property where the Premises is
located.
12.2. LESSEE's shall pay, or cause to be paid, before delinquency, any and all taxes levied or
assessed and which become payable during the Term hereof upon leasehold improvements, equipment,
furniture, fixtures, and any other personal property located in the Premises.
13. SURRENDER.
13. I. Upon the expiration of the Lease Term hereof LESSEE shall surrender the Premises to
LESSOR in as good order and condition as they were in at the commencement of the Lease Term except
for ordinary wear and tear.
14. HOLDING OVER.
14.1 . If LESSEE remains in possession of the Premises or any part thereof after the expiration of
the Term or any Option Period hereof without the express written consent of LESSOR, such occupancy
shall be a tenancy from month to month at a rental in the amount $1000 per month as the Minimum Rent,
and all other amounts payable hereunder, and subject to all the terms hereof applicable to a month to
month tenancy.
15. ENTRY BY LESSOR.
15.1. LESSOR, or its authorized agent or agents, shall have the right to enter the Premises with a
representative of the LESSEE at all reasonable times to inspect same to insure compliance with the Lease,
to prevent waste, to insure compliance with any applicable State, County and municipal laws or
regulations, and further providing that the business of the LESSEE shall not be interfered with
unreasonably.
16. INDEMNITY.
16.1. LESSEE agrees, represents, warrants and covenants that it shall indemnify, defend and
hold harmless the LESSOR (provided LESSOR is not negligent and/or is not in default under the terms of
this Agreement) from all suits, actions, damages, liabilities, expenses and attorney's fees and costs in
connection with the LESSEE's use of the Premises, including but not limited to loss of life, bodily or
personal injury, property damage or loss of income arising from or out of any occurrence in, upon or at or
from the Premises, unless caused by the LESSOR's gross negligence or willful misconduct.
Page 6 ofl 0
17. LESSEE'S DEFAULT.
\7.1. The occurrence of anyone or more of the following events shall constitute a default and
breach of this Lease by LESSEE:
17.1.1. The vacating or abandonment of the Premises by LESSEE for a period of more
than ten (10) business days.
17.1.2. The failure by LESSEE to observe or perform any of the terms. covenants. or
conditions of this Lease to be observed or performed by LESSEE. where such failure shall
continue for a period of thirty (30) days after written notice thereof by LESSOR to LESSEE.
provided, however. that if the nature of LESSEE's default is such that more than thirty (30) da) ~
are reasonably required for its cure, then LESSEE shall not be deemed to be in default if LESSEr
commences such cure within said thirty (30) day period and thereafter diligently prosecutes such
cure to completion.
17.1.3. The Premises come into the hands of any person other than expressly permitted
under this Lease.
17.1.4. The assignment. transfer, mortgage. subletting, encumbrance of this Lease or
execution or attachment thereon by I J:':SSFF or ,my other party in a manner not express!:,
pennitted hereunder.
J 7. J .5. The making by LESSEE of any general assignment or general arrangement for the
benefit of creditors; or the filing by or against LESSEE of a petition to have LESSEE adjudged a
bankrupt, or a petition for reorganization or arrangement under any law relating to bankruptc)
(unless. in the case of a petition filed against LESSEE, the same is dismissed within sixty (60)
days); or the appointment of a trustee or a receiver to take possession of substantially all of
LESSEE's assets located at the Premises or of LESSEE's interest in this Lease. where possession
is not restored to LESSEE within thirty (30) days; or attachment, execution or other judicial
seizure of substantially all of LESSEE's assets located at the Premises or of LESSEE's interest in
this Lease. where such seizure is not discharged within thirty (30) days.
18. RECONSTRUCTION.
18.1 In the event the Premises are damaged by fire or other perils covered by LESSI-]-'"
insurance coverage. LESSEE must repair the same to the identical condition prior to the damage.
19. EMINENT DOMAIN.
19.1. In the event of any taking or appropriation by any public or quasi-public authority under
the power of eminent domain, or in the event of a conveyance in I ieu thereof, LESSEE shall be entitled to
terminate this Lease and be entitled to any and all awards and/or settlements which may be given to
LESSEE as a result of its interest in the Premises
19.2. All compensation awarded for such taking or conveyance, whether for the whole or pan of
the premises or otherwise, shall be shared equally by the LESSOR and LESSEE.
20. SIGNS.
20.1. The LESSEE may install and maintain only signs which are of such type. size. color.
location. copy nature and display qualities that are in compliance with all wdes. ordinances and
Page 7 of 10
regulations of any governing body and shall be subject to the approval of the Recreation and Parks
Director. Any such failure to comply with the provisions of this Section shall be deemed a default of this
Lease.
21. GENERAL PROVISIONS.
21.1. No Waiver. No term, covenant, or condition of this Lease shall have been deemed to have
been waived by LESSOR or LESSEE, unless such waiver be in writing and signed by LESSOR or
LESSEE. The rights and remedies created by this Lease are cumulative, and are not intended to be
exclusive. The use of one remedy under this Lease shall not be taken to exclude or waive the right or use
of another, and each party shall be entitled to pursue all remedies generally available under the laws of the
State of Florida.
21.2. Headings. The marginal headings and Section titles set forth in this Lease are not a part of
the Lease and shall have no effect upon the construction or interpretation of any part hereof.
21.3. Time of the Essence. Time is of the essence of this Lease and each and all of its provisions
in which performance is a factor.
21.4. Successors and Assigns. The respective rights and obligations hereunder shall inure to,
and be binding upon, the respective heirs, distributees, devises, legal and personal representatives, assigns,
grantees, and successors in interest of LESSOR, and shall also inure to, and be binding upon, the
permitted assigns and successors in interest of LESSEE.
21.5. Prior Agreements. This Lease Agreement contains all of the agreements of the parties
hereto with respect to any matter covered or mentioned in this Lease, and no prior agreements or
understandings pertaining to any such matters shall be effective for any purpose. No provision of this
Lease may be amended or added to except by an agreement in writing signed by the parties hereto or their
respective successors in interest. This Lease Agreement shall not be effective or binding on any party until
fully executed by both parties hereto.
21.6. Partial invalidity. Any provision of this Lease which shall prove to be invalid, void,
illegal, or otherwise unenforceable, shall be deemed severed from this Lease, and shall in no way affect,
impair or invalidate any other provision hereof and such other provisions shall remain in full force and
effect. This Lease shall be construed without regard to any presumption or other rule requiring
construction against the party causing this Lease to be drafted.
21.7. Choice of Law and Venue. This Lease shall be governed by the laws of the State of
Florida, and venue for any action relating to the terms of this Lease shall be in Circuit Court in and for
Palm Beach County, Florida.
21.8. Attorneys' Fees. In the event that either party shall have to enforce the provisions of this
agreement the prevailing party shall be entitled to recover all of its attorneys' fees, including costs of
appeal and any post-judgement proceedings.
21.9. No Partnership or Joint Venture. It is understood and agreed that nothing contained in this
Lease shall be deemed or construed as creating a partnership or joint venture between LESSOR and
LESSEE or between LESSOR and any other party or cause either party to be responsible in any for the
debts or obligations of the other party. This Agreement does not create an employee/employer
relationship between the LESSOR and any of the LESSEE's employees or personnel. It is the intent of
the parties that the LESSEE is a separate and independent entity from the LESSOR and any of the
LESSEE's contractor under this Agreement and not the LESSOR's employee for all purposes, including
Page 8 of 10
IN WITNESS WHEREOF. the parties have caused this Interlocal Agreement to be executed on the Ja\
and year first above written. ~ .
CrTY OF BOYNTON BEACH. FLORIDA
ATTEST:
BY:
JANET PRAINTO. CITY CLERK
JERRY TA YLOR. MAYOR
APPROVED AS TO FORM
OFFICE OF THE CITY ATTORNEY
TEAM REEL ESTATE. INC. d/b/a FLORIDA
FISHING ACADEMY
By:
PRESIDENT
WITNESS
WITNESS
Corporate Seal
SECRETARY
ST ATE OF FLORIDA
SS.
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on t9}s day before me. an officer duly qualified to take
acknowledgements. personally appeared f ((,t (\ \t tt:;.t... . as President of the TEAM
REEL ESTATE. IN&; a Florida corporation. personally known to be the person described in. or \vhu
produced ~\)L-- as identification. and who executed the foregoing and
acknowledged before me that (s)he executed the same.
WITNESS my hand and seal in the County and State aforesaid on this .='1\ day of I~ (\.'~ i .2004.
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CE~TIFICArg OF LI~~ILITY IN.~URANCf; _ I OAT~~~~/~C;V) i
CrossrQad'S Insurance AgenCY', \ THIS CERTIFICATE 1$ ISSUED AS A MAlTER OF INFORMATi:lN
I I ONL Y AND CONFERS NO RIGHTS UPON THe CERTIFICATE
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t>.NY REQUIREMENT, "TERM OR CONtllTlON or ~'( CON'l"RA.CT OR OTI-1t;R C>OCUMENTWlTH PtESPI;CT TO W1iICH ,HIS CERTlACATf MAY Be ISSUED OR
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! Cption to I ,e,lSl~
la) In consideration of the payment of five hundred and no:IOO d"llars ($500.1)Ollthe "Option h;e"! [)\ reniinl to Landltlrd.
Landlord hereby grants to Tenant an option to lease a portion of the real property described in the attached ]:,\hihit A (the "1)roperi,\ "I ,'11
the terms and conditions set forth herein (the "Option"). The (Jption shall be j()J' an iniiial1ertn of twelve ,12l lllomlls, commencing "n Ihe
Effective Da(e (as defined below) (the "Option Period")
(b I During the Uption Period and during the Initial I erln and any Renewal I erm 1 as (hose terms are ddined hek)\\:) of tht, Le,be.
Landlord agrees to cooperate with Tenant in obtaining, at Tenant's expense. alllieense:; and permits Ill' authorizations required I'll' I endlll ,
use of the Premises (as defined below) from all applicable government dndil>r regulatory entities I including. without limitation. zonin~ and
land use authorities. and the Federal Communications Commission ("'FCC") I"(iovernmental Approvals"j. including all land usc ~iI1d
zoning permit applications, and Landlord agrees to cooperate with and to allow Tenant at no cost 10 Landlord. 10 obtain a titk I'epor\.
zoning approvals and variances. land-use permits, Landlord expressly grants to Tenant a right of access to the Properl:- to perf,mll am
surveys, soil tests, and other engineering procedures or environmental investigations ," rests"! on the Property deemed neCeSSdr\ "I
appropriate b) Tenant to evaluate the suitability of the Properly for the uses contemplated under this Lease, During the ()ption Peri lId dlH!
during the Initial Term or any Renewal Term of this Lease. Landlord agrees that it \vill not interfen: vv ithl enant'., dr()rls to secure othe:
licenses and permits or authorizations that relate to other property. During the (Jption Period, 1 enanl may excrcise the (Jption il\ '"
notifying Ldndlord in writing, at Landlord's address in accordance with Section 12 hereof. Ilpon the completion of an) Tests. lemll!t IV II
restore the Properly and Premises to its original pre-inspection l,ondition, and repair an) damage at its sole enst and e\.pense
(c) If Tenant exercises the Option. then Landlord herehy leases to!enant thai portton oftll<: Property sunicient for placeJ1\eJ1l o[
the Antenna Facilities (as defined below), together vvith allneeessar) space and easements for access and utilities. as g,enerally dcscribed
dnd depicted in the attached Exhibit B (collectively referred to hereinafter as the "Premise,"), The Premises. located at 54fll) H"\II1,)ll
Beach Blvd., Boynton Beach. FL 33437. comprises approxim,itely :'125 square ket.
') Term. Ihe initial term of this Lease shall be jive (:'I) year, commencing on the date of e\.el'el,e .1\ the ()pllol\ Ithe
"Commencement Date"). and terminating at midnight on tbe last day of the initial term I the "Initial Term"!
3. Renewal. Tenant shall have tbe right to extend this Lease Illr llve (:'I) additional and successiv'e live-year term.' leaCI\ d
"Renewal Term" I on the same terms and conditions as set ('lrth herein. This Lease shall automaticdll:- renelv for each successive Rene\\al
'I erm unless Tenant notifies Landlord, in writing, of Tenant's intention not to renew this Lease. dt least thirt) nO) days prior 1<; the
expiration of the Initial Term or any Renewal Term. If renant shall remain in possession of the Premises at thl: expiration of this Le,\:'c 01
dny Renewal Term without a written agreement. such tenancy shall he deemed <1 nmnth-to-month tenancy under the same IeI'm' dnd
conditions of this Lease.
4. Renl.
(al From and after the Commencement lJate, l'enant shall pay Landlord or designee, <13 renl 1\\\1 thuusalld and II" lOll
($2,OOOJ)0) per month ("Rent"), The first payment of Rent shalJ be due within twenty (20) days !()lIowing the Commencement I Jalc and
shall be prorated based on the days remaining in the month following the Commencement Date, and thereafter Rent will he payable
monthly in advance by the fifth day of each month to Landlord at the address specified in Section 12 helmv. lflhis Lease is lemllllillnl 1(11
any reason (other than a default by Tenant) at a time other than lln the last day of a month, Rent shall hl' pmrated ,I;, (If thL: .hlk ut'
termination and all prepaid Rent shall he immediately refunded 10 Tenant. Landlord. 11:-, successors, assigns ,111dior designee. i I .UI) 1111\
submit to Tenant any documents required by Tenant in connection with the payment of Rent. including. \vithouI limitation, an IR" I (In\!
\V-I).
(b) During the Initial Term and any Renewal I erms, monlhly Rent shall be adjusted on each anniversary of the llIJlmll'nec'meJ1l
Date to an amount equalta one hundred three percent (j030,,) olthe monthly Rent in elleet immedi,ltely prior tn the adjustment dak
(c) Notwithstanding anything to the contrary herein, if I enant sublets a pOl1ion of the Premi,e, It> olle I II or mort; suhkll,l11b 1I1
accordance with Section IS(a) below, monthly Rent shall he increased by an amount equal 10 live hundred dollars ($51)(),()()) oler llie Ihell
existing monthly Rent J()l' each such subtenant prorated for any partial months, renant shall noti!) Landlord ill \Iriling ,,[ tile
commencement date of any such sublease, and the tirst payment of suh-rent shall be due within twenty 120) days alier such eOll11l1CIICelllenl
date, Subsequent payments shall be payable in advance by the 1ifth da) of each month to Landlord at the addrc" specilied in Sel'lillJl 12
If Tenant's sublease with any additional suhtenant terminates f(n allY reason, the additional Rent that l'ena11l pays Landlord pursuant h' till'
provision shall he proponionately reduced accordingly. effective as of the effective date "I' terrnindti"n "fthe sublease
(d) Notwithstanding the provisions of subsection 4(c) above, if there IS insutlicient ground :;paec ill the Premises to subkase ,,,
future subtenants. Tenant shall be permitted to :;llblease spaee on the t()\vcr to other third pdrties prolided that an) such subtelHlIlh jirsl
enter into a commerciall) reasonable lease agrecment with Landlord Illr ddditional ground space (Ill the I'n>pcTty prior \0 l'OI\l\llel1,'il1~
Site Number: I1WP12f1XD
Site Name: !ioynh}[) Waler Trealment
i'darket: Miami
'''Illc ll'iht \ (1""\i.1"\
operations on the tower. In such event, both Landlord and Tenant agree to charge commercially reasonable rental amounts for their
respective tower and ground space leases to such third parties and each shall be entitled to keep any and all rent or other fee derived from
their respective leases. Also in such cases, the increased rental rate referenced in Section 4(c) above shall not apply. Tenant shall notily
Landlord of any proposed collocation on the tower.
5. Permitted Use.
(a) The Premises may be used by Tenant for the transmission and reception of radio communication signals and for the
construction, installation, operation, maintenance, repair, removal or replacement of related facilities, including, without limitation, tower
and base, antennas, microwave dishes, equipment shelters and/or cabinets and related activities.
(b) Landlord may use the Reserved Space (as defined below) to operate, police, fire, ambulance, and/or other government
licensed public safety antennas.
(c) Landlord may, at its sole cost and expense, install, maintain, repair operate and remove up to two (2) small parabolic
antennas ("Landlord's Antennas") on the tower at the seventy-eight foot (78') above ground level (the "Reserved Space") at no rental cost
to Landlord. Landlord's Antennas shall be used for the purpose of transmitting and receiving government licensed emergency and law
enforcement frequencies. Tenant shall have no obligation to install. maintain, repair, or remove Landlord's Antennas and shall not in any
way be liable for, and shall, to the extent permitted by law, be indemnified and held harmless by Landlord in relation to, their malfunction
or inability to operate absent Tenant's interference therewith as prohibited in Section 6 below. Notwithstanding the aforementioned
indemnification, Landlord does not waive its sovereign immunity pursuant to Section 728.68, Florida Statutes. Construction drawings for
the Landlord's Antennas must be approved by Tenant in writing before the Landlord's Antennas are installed on the tower, and Landlord
and its contractors (all of whom must be pre-approved by Tenant) must obtain Tenant's prior consent before doing any installation, repair,
maintenance or other work on the tower. Landlord shall be solely responsible for all costs and expenses relating to the operation, repair,
maintenance and replacement of Landlord's Antennas, including, without limitation, utility service charges. In connection with the
installation, operation and maintenance of Landlord's Antennas, Landlord must obtain and maintain commercial general liability insurance
with a combined single limit of $1 ,000,000.00 for bodily injury, death and property damage per occurrence, and Tenant shall be named as
an additional insured on such policy and be provided certificates of such insurance. Landlord's contractors who perform work on the
tower must obtain and maintain the same types and amounts of insurance coverage that Tenant's contractors are required to maintain, and
Tenant shall be named as an additional insured on all liability policies and be provided certificates of such insurance.
6. Interference. Tenant shall not use the Premises in any way which interferes with the use of the Property by Landlord or
lessees or licensees of Landlord with rights in the Property prior in time to Tenant's (subject to Tenant's rights under this Lease, including,
without limitation, non-interference). Similarly, Landlord shall not use, nor shall Landlord permit its lessees, licensees, employees,
invitees or agents to use, any portion of the Property in any way which interferes with the operations of Tenant. Such interference shall be
deemed a material breach by the interfering party, who shall, upon written notice from the other, be responsible for terminating said
interference. [n the event any such interference does not cease promptly, the parties acknowledge that continuing interference may cause
irreparable injury and, therefore, the injured party shall have the right, in addition to any other rights that it may have at law or in equity, to
bring a court action to enjoin such interference or to terminate this Lease immediately upon written notice. Notwithstanding the foregoing,
the operation of the Antenna Facilities (as defined below) at any given time shall not interfere with Landlord's Antennas provided that
Landlord's Antennas (i) have been installed in accordance with Section 5(b) above, (ii) are being operated within their licensed
frequencies, (iii) are being operated in the manner intended hy the manufacturer and are not malfunctioning, and (ivl are located within the
Reserved Space.
7. Improvements: Utilities: Access.
(a) Tenant shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property and
facilities necessary to operate its communications system, including, without limitation, a monopole designed to have the appearance of a
palm tree, radio transmitting and receiving antennas, microwave dishes, tower and base, equipment shelters and/or cabinets and related
cables and utility lines and a location based system, as such location based system may be required by any county, state or federal
agency/department, including, without limitation, additional antenna(s), coaxial cable, base units and other associated equipment
(collectively, the "'Antenna Facilities"). Tenant shall have the right to alter, replace, expand, enhance and upgrade the Antenna Facilities at
any time during the term of this Lease. In the event Tenant desires to modify or upgrade the Antenna Facilities and Tenant requires an
additional portion of the Property (the "'Additional Premises"), for such modification or upgrade, Landlord agrees to negotiate in good faith
an amendment to this Lease for the Additional Premises, which Additional Premises shall be contiguous to the existing Premises and which
location shall be acceptable to both parties, upon the same terms and conditions set forth herein, except that the Rent shall increase, in
conjunction with the lease of the Additional Premises by a pro-rata amount of the Rent then currently being paid by Tenant. Landlord's
approval to any such request for Additional Premises shall not be unreasonably withheld, delayed or conditioned but will be made in
accordance with all applicable laws and ordinances. Tenant shall cause all construction to occur lien-free and in compliance with all
applicable laws and ordinances. Landlord acknowledges that it shall neither interfere with any aspects of construction nor attempt to direct
construction personnel as to the location of or method of installation of the Antenna Facilities and the Easements (as defined below). The
Antenna Facilities shall remain the exclusive property of Ten ant and shall not be considered fixtures. Tenant shall have the right to remove
the Antenna Facilities at any time during and upon the expiration or termination of this Lease.
2
Site Number: 6WP1208D
Site Name: Boynton Water Treatment
Market: Miami
Site Lease version 9.21.07
Ihl fenant. al Ils e"pense, may use any and all al'proprialL' mean:, Ii! restrlelln~ dcees" iii tile \llte'lll,I I <lCllllle:,. lilll
II ithout limitation, the construL,tion of a knce on thc~ I'rel11i,e'" I elllilll ,hall provide landloi'll II ith a kn ill d(,C::S, ulde S(l lb 11 I'il!
llceess to thc Antenna Facilities in the evenl of an emLTgenl'\. I',)r pm!,,'se' III' Ill!', suh,eeli'll1 '(hi .111 L'mergelk\ '11ll1! hl' dl'IInn,.1
i.'\'l'!11lhat Ina;_ re"lult in the in!111inent h~!nn ll' pCl-~;on;-, l~~- ;~nq;:.:r1
Icl Icnant shall. ilt Ienant's expense, l--cc::p and maintain I.he /\ntenn<l l,lcllilie, IWII or IWITalkr Ideated on the I 'ro!'l'rI ,
commercially reasonahle condition and repair during the terl11 01 thi:, I,ease, lIormal Ilcar and te<lr ,md e,bu<lit\ (lutslde the "\lll!l','
["elHlI1t or casualty caused hy third panies excepted, \Vithin sixty I ()O I days after the termination or e"piration of IhlS Lease, '1 enalll ,"
sole cost and expense, will remove the Antenna Facilities li'onl the I'n:mise, und the "remises shall he rL'turned t(\ I andlnrd in gtHld I"Ji'k
condititln. normal \\.ear and tear excepted,
Id) Tenant shall have the right to install utilities, all cnant's cxpcnse, and 10 improve the present utililies tln the I 'f<lpel'l \
(including. but not limited ltl, the installation of emergency power !:'eneralorq, Lmdlord agn:es Itl use reasonable eft()ns in ,bShllll~
Tenant to acquire necessary utility service at no cost or expense to LandlonL I cnanl shed!, \lherC\er practicable, install separate llIt:ler', 1(11
utilities used on the ['ropen} by Tenant In the event Tenant Is unable to install separate meters despite its diligent elTons,1 enanl shalll"!\
the periodic charges for all utilities attributable to Tenant's use, at the rate charged bv the servicing utility, If I enant is subrnelnillt' lhc,tI
Landlord shall make all commercially reasonable efforts to correct any variation, intelTupiion or iililure of utility. lien ice.
(e) As partial consideration for Rent paid under this Lease, Landlord hereby grants Tenant casements on, under and aeross Ihe
Propeny for ingress, egress, utilities and access (including access I()]' the purposes descrihed in Section 1) 10 the Premises adequate I"
install and maintain utilities. including. but not limited to. the inslallation of pOller and telephone service cable, and to service the Premise;.
and the Antenna Facilities at all times during the lnitial Term of Ihis Lease and any Renewal Term (collectiveh, Ihe "LasemenIS"! Jhe
Easements provided hereunder shall have the same term as this I ellS(:
(f) Tenant shall have 24-hours-a-day, 7-days-a-\\eek access to the l'remis.:s ilt all limes during the IllIlial lerm of this lease ']11'{
any Renewal Term. at no eharg.: to Tenant.
(g) Landlord shall n1uintuin and repair all access rnad\vays fronl the nearest public IOddwct) 111 the Prellll:-'\..'~ Ifl it Inanller Sllnlloll:IH
to allow vehicular and p.:destrian access al all times, at its sole e"pense. except I()r am damage t" SUc'li rOadllll\ s calls.:J hy ') t'nalll
(h) Tenant shall. at its cost and expense, install landscaping around the perimeler "I' \'remises as depiet.:d In Ih.: Exliibu I; ", lhc'
Lease, During the Initial ram and any Renewal Term. l,andlord shall water and maintain, all required land'caping as depickd 'i 11,<:
Exhihit B of the Lease,
(i, Absent the negligence or willful misconduct "I' Landlord, or Landlord's empl"yces, agents, l'Ilntraclors, suhcontraclor"
lessees. licensee and invitees, Landlord shall not be held responsible or liable !I)r damage or destruction "t'1hc' Antenna laulill(> il!
personal propeny of TenanL
g, Termination, Except as otherwise provided herein, this Lcasc llIay he tt:rminarecL without any penalt\ or further lidhilil', ,J:,
j()llows:
la) upon twenty (20, days' wrillen notice by Landlord if Tenant fijils to clIre a default tor pavment o{ innt\unts due lIndn rhl'
Lease within such twenty (20 I day period:
(b) immediately lIpon written notice by renant ill enant notlIie, Landlord of any unacceptahle resulh of any I esls pl'I' I"
1 enant's installation of the Antenna Facilities on the Premises, or if'[ cnant do.:s not ohtailL maintal11, or otherwise !()rfcils or cancel'. ,UI\
license (including, without limitation, an FCC license). permi1 or any C;overnmental Approval necessary to tile installation and/or "perilli(H!
of the Antenna Facilities or Tenant's business:
(c) upon sixty (60) days' written notice hy Tenant Ie Tenant dclennin.:s that the Propeny 01' the .\ntenna hJClInic' arc'
inappropriate or unnecessary !()r Tenant's operations for economic or technological reason;.
(d) immediat.:ly upon written notice by Tenant if the Premises or the Antcnna Faeilities arc destroyed or damaged '" III
renant's reasonahle judgment to substantially and adversely atfectlll.: effective use of the Antenna Facilities, III such evenL all rights ,md
obligations of the panies shall cease as of the date of the damage or destruction, and '1 cnant shall h.: .:ntitled to the reimbursement "1 am
Rent prepaid by TenanL If Tenanl elects to continue Ihis Lcase, then all Rent shall ahate until the Premises and/or the ,\nlenna hic'rlilie',
are restored 10 the condition existing immediately prior to such damage or destruction: nr
(e) at the time title to the Prnperty transfers to a condemning authoritY' plIrsuant to a taking of all or a portion of Ihe I'rtlpcrt\
sut1icient in Tenant's determination to render the Premises ul1suilahle f(lr Tenant's use. Landlord and I enant shall each be entitled I"
pursue Iheir own separate awards with respect to such tal--ing, Sale of all or part or the Property to a pllrchaser I\illl the pnwer ul emmelll
domain inlhe J'ace of the exercise of the power shall he treated as a taking hy condcmnalion
l), DeJ'ault Ilnd Right to Cure, Notwithstanding anything contained h.:rein III the contral'\ and I\ithout \Iai\ing an) (l{hl'l lighl'
granted to it at law or in equity. each party shall have the right. hut not IlK ohligatinn, to krminate thi, I easc' ;111 Ilrllten notice plll'!;dlll r"
Site Number: 6WP120XD
Slle Name Boynton Water I realmcnl
rvlarJ,ct M,am]
.....ilc 1 east.' \'er:...liln" '1
Section ] 2 hereot: to take effect immediately, if the other party fails to perform any covenant or commits a material breach of this Lease
and fails to diligently pursue a cure thereof to its completion after thirty (30) days' written notice specifYing such failure of performance or
default.
10. Taxes. Landlord shall pay when due all real property taxes for the Property, including the Premises. In the event that
Landlord fails to pay any such real property taxes or other fees and assessments. Tenant shall have the right, but not the obligation, to pay
such owed amounts and deduct them from Rent amounts due under this Lease. Notwithstanding the foregoing, Tenant shall pay any
personal property tax, real property tax or any other tax or fee which is directly attributable to the presence or installation of Tenant's
Antenna Facilities, only for so long as this Lease remains in effect. If Landlord receives notice of any personal property or real property
tax assessment against Landlord, which may affect Tenant and is directly attributable to Tenant's installation, Landlord shall provide timely
notice of the assessment to Tenant sufficient to allow Tenant to consent to or challenge such assessment, whether in a Court, administrative
proceeding, or other venue, on behalf of Landlord and/or Tenant. Further, Landlord shall provide to Tenant any and all documentation
associated with the assessment and shall execute any and all documents reasonably necessary to effectuate the intent of this Section 10. In
the event real property taxes are assessed against Landlord or Tenant for the Premises or the Property, Tenant shall have the right, but not
the obligation, to terminate this Lease without further liability after thirty (30) days' written notice to Landlord, provided Tenant pays any
real property taxes assessed as provided herein.
I ]. Insurance and Subrogation and Indemnification.
(a) Tenant will maintain Commercial General Liability Insurance in amounts of One Million and no/100 Dollars ($],000,000.00)
per occurrence and Two Million and noli 00 Dollars ($2,000,000.00) aggregate (the "CGL Policy") which shall not exclude explosion,
collapse and underground perils. Landlord shall be named as an additional insured on the CGL Policy. Tenant may satisfY this
requirement by obtaining the appropriate endorsement to any master policy of liability insurance Tenant may maintain. All insurance
required to be carried by Tenant pursuant to the terms of this Lease shall be effected under valid and enforceable policies issued by
reputable and independent insurers permitted to do business in the State of Florida, and rated in Best's Insurance Guide, or any successor
thereto (or if there be none, an organization having a national reputation) as having a general policyholder rating of A VII or better.
(b) Landlord, to the extent authorized by law, and Tenant each agree to indemnify and hold harmless the other party from and
against any and all claims, damages, costs and expenses, including reasonable attorney fees, to the extent caused by or arising out of the
negligent acts or omissions or willful misconduct in the operations or activities on the Property by the indemnifYing party or the
employees, agents, contractors, licensees, tenants and/or subtenants of the indemnifYing party, or a breach of any obligation of the
indemnifYing party under this Lease. The indemnifYing party's obligations under this section are contingent upon its receiving prompt
written notice of any event giving rise to an obligation to indemnifY the other party and the indemnified party's granting it the right to
control the defense and settlement of the same.
(c) Notwithstanding anything to the contrary in this Lease, the parties hereby confirm that the provisions of this Section] I shall
survive the expiration or termination of this Lease.
Tenant shall not be responsible to Landlord, or any third-party, for any claims, costs or damages (including, fines and penalties)
attributable to any pre-existing violations of applicable codes, statutes or other regulations governing the Property.
(c) Tenant shall maintain, during the term of this Lease, Workers Compensation as prescribed by applicable law.
12. Notices. All notices, requests, demands and other communications shall be in writing and are effective three (3) days after
deposit in the U.S. mail, certified and postage paid, or upon receipt if personally delivered or sent by next-business-day delivery via a
nationally recognized overnight courier to the addresses set forth below. Landlord or Tenant may from time to time designate any other
address for this purpose by providing written notice to the other party.
Uto Tenant. to:
T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, W A 98006
Attn: PCS Lease Administrator
]fto Landlord. to:
City of Boynton Beach
100 E. Boynton Beach Blvd.
P.O.Box310
Boynton Beach, FL 33425-03] 0
With a copy to:
Attn: Legal Dept.
And with a copy to:
Attn: City Attorney
And with a copy to:
T-Mobile South LLC
3407 W. Dr. Martin Luther King. Jr. Blvd.
Tampa, FL 33607
Attn: Lease Administration Manager
Send Rent payments to:
City of Boynton Beach
] 00 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425-0310
With a copy to:
Attn: Legal Dept.
4
Site Number: 6WPI208D
Site Name: Boynton Water Treatment
Market: Miami
Site Lease version 9.2 1.07
13. Ouiet Enjoyment ritle and Authori1y. !\, 01 the Uleelive \late and at <llItlllle, dlll"in~ thc 11111Ia' I el"Jn dnd al1\ RellL'\\dl
I enns of thi" Leasc. Landhml covenanb and W,UT,Ulb to i cllant thai (II :.andlold h,\- '"11 righl. I"'\\CI "Ihi dull,,>r:l\ ." e:-'ClLllc :!;Id
j'll"rfnnn this Lease: (ii, LanJlprJ has good and uncncun1h~red lc-c tllle!p tl1t Pnlr:.:n:, I:-~,-' ~:nd \.'L...'ar nfun) l:':ll:, \:.' i)),lngL~E('>. C''\C~pi 1ilt.'...,,_
heretofore disclosed in writing ltJ Tenant and which will [JOI inlerJere ,,]th I ellanl', righb 10 \\1' Lise 01 the l'renlhe". I iii I c:-.eClIlIOII <It\d
pcr!(lrmanCe of this Lease will nnt \'inlalt: any laws. ordinance,. cP\enallls. pr the prp\ j"IPn, 01 an) IllPrtgage. lease. (Ii" other agreement
hinding on Landlord: and (]\)I enant's quiet enjoyment ol"the l'rc:IllIS,]' ..r '111\ part thnepf ,hall not he disturhed ,I' [olll! a:-, Tcnanl I' (hi!
in default heynnd allY applicahle grace or cure period.
14. Environmental Laws. Landlord represent', to the hest 01 its \..nowledgc and heliefthatlt has Ill> kn(l\\ledge Ilfa1l\ substallll'.
ehemical or waste (collectivel), "llazardous Suhstance") pn thc Propert) that is identitied as ha7ardolls. to'\iL] or dangewu:., ii, dll.\
dpplicahle federal. state or ]pca] law or regulation. Landlord and renant shall not IlItroduce or use iJn) IlazarJOIb Substallc" ,>1) Iii"
Property ill violation of any applicahle law. Landlord shall be responsible j(lr, and shall prompt I) ,'OflduLt elll) il1\estigatloll ilml
remediation as required b) any applicable environmental laws. all spills or other releases 01" an) l'lazardolb Suhstance to the extem call,ed
h) Landlord that have occurred or which ma) occur on the Property. Each part) agree:, to delCnd. indemnil) and hold harm Ie", th" olhel
Irom dnd against an) and <tll administrative and judicial actions dllll rulings, claims, cau:-,e\ cd action. demand., and liability Icoller1!\c'J\
"Claims"l including. hut not limited to, damages, costs, e\pen:-,e" assessments. penaltie,. tllle,;. losse,. judgment:-, ,md rL:asonable ,iIUIITIC'\
kes that they Cduse the other I collectively "Actions"). Landlord agrees and covenant, not W slle lenant in rclaliontn Uaims n:,,:iulli-'
I)-om Actinns on the Propert) caused hy Landlord. Ihe indemnifications In Ihis section specilicalh include. \\itI1llut lill1ita\l\lll, ,.,':L,
incurred in connection with an) investigation \If site conditions or any cleanup, remedial. removal \lI' res1mull<ln "<lr\.. n':L.Jui,'ed iI"
governmental authnrit\. This Section 14 shall survive the termination or npiralion or this I ea:,~'.
15. Assignment and Suhleasinl!..
(a) lenant will not assign or transfer this Lease \\ithoUl the prior writtell consent of Landlord. \\hich consent will lill! h,'
nnreasonably withheld, conditioned or delayed: provided. however, lenalH may assign or transl"er this Lea,c without Landlord' 0 priol
written consent to (i)'j enan1's principal(s), atliliates, subsidiaries of its principal(sl and anilidks llr lill \() any entity which aeqlllre" ,I': ,'i
substantially all of Tenant'~~ assets in the tnarket defined h:-. the Federal l\)111nlunications C0i11i11issioil i"l '( 'C" i III \\,hiclI lhe Fn:nH:>l'.') !'
located by reason of a merger. acquisition or other business reorganizatinn. With respect {o iJn) permitted Jssignment made pursuant !I,
Section 151a)(il only. J ell ant shall not he relieved of all t[lture liabilities and nhligatillns accruing under this Lease. With respect 10 al1\
permitted assignment made pursuan1to Sect inn 15( all ii I. or upon an) other assignment or transfer that is approvcd by the Landlord. lionl
and aner the effective date llf any such assignment or transfer. renant shall be relieved 01" all I"uture liahilities and ohligation:-, accruing
under this Lease. Tenant mal lease. license or suhlet space on the tower with the exception orlhe Resencd ,'ipace 1('1 Landlord SpCCll'led ili
this Lease.
(b) Intentionally ()mi1ted.
IC) Landlord shall have the right to assign or otherwisc transfer this Lease and the Easements granted herein, upon \\rlttell 11<.licc
10 Tenant except for the following; any assignment or transfer 01" this Lease which is separate and distinct Ii'om d transJer lll" Landlllrd'
entire right title and interest in the Property. shall require the prinr written consent 01" Tendnt \\hich consem shall not he unrea:-,olldbl)
withheld. Upon Tenant's receipt of Ii) an executed deed nr assignment and Iii) an IRS Form \V-9 ii-om assignee. and suhject h> i el';~lI1(-
consent if required. Landlord shall be relieved of all liahilities and obligations hereunder and l"enant shall Ino\.. snlelv to the assignee' (lll
perf(>r1nance under this Lease and all obligatinns hereunder.
Id) Additionally, nntwithstanding anything to the contrary ahove. Landlord or lenant may. upon notice to the other grant <I
security interest in this Lease land as regards the Tenant. in the Antenna Facilities), and may collaterally assign this Lease land ib regard,
the Tenant, in the Antenna Facilities) to any mortgagees or holders of security interests, including their successors or assigns (collcctl\elv
"Secured Parties"). Any lien holder of Ten anI shdll perl(>r1n (111) and all ohligations on enant pursuant tllthis Lease and shdll cure '111\ and
all de1~lU\ts pursuant to this Lease. In the event a lien holder of Tenant l~lils to perf(mn an) llr all Llf the ohligations of Tenant hcreunder and
cure any and all defaults hereunder, the lien, if any, of said lien holder shall be null and y.pid. shal] be PI" no I"urther fpree and e1Tecl and
said lien holder shall have no rights under the Lease pr otherwise. 'I enant shall keep the l'roperty li'ee !i'om any liens. In the event a lien i,
imposed which arises out of Tendnt"s work performed, materials furnished. or pbligations incurred, the lien shall he hondcd off \\ithm
Ihirty LHll days. Nu \\ork which Landlord permits Tenanttn perform on the l'rnpert) or l'remises shall be deemed for Ihe usc Ill' benc1lt o!
Landlord so that no mechanie's liens or other lien shall he allo\led against the Property pr PremisL's 01" the landlord. l.andlnrd shdll h'I\"
the right to post notices that it is not responsihle l()r payment Ill' any such \lor\...
lb. Suceessors and Assig.ns, This Lease and the Lasements granted herein shall run with the land, and shall hc binding "1'(111 and
inure to the hendit of the parties, their respective successors, personal reprcsentatives ~ll1d assigns
17. Waiver of Landlord's Lien, Landlord hereby suhordinates any and all lien rights it ma) hale, statutl)ry or otherWise.
concerning the Antenna Facilities or any portion thereof to any prinr lien interest related thereto and ackll<l\\!edges thai Ihe' \1I1e!nJiJ
Facilities shall he deemed persnnal property for the purposes 01" this l,ease. whether or not the same i,; deemed real or personal pl"l'pert\
under applicahle IdWS.
,'>lle Numher: hWPt20gD
'lite Namc. Boy11l01l Water Treatment
MarkeL Miami
....dle I Ubc vcr,>, \1i 'I
18. Sovereign Immunity. Notwithstanding anything to the contrary in this Lease, Landlord does not waive its sovereign
immunity pursuant to Section 728.68, Florida Statutes.
19. Miscellaneous.
(a) The prevailing party in any litigation arising hereunder shall be entitled to reimbursement trom the other party of its
reasonable attorneys' fees and court costs, including appeals, if any venue shall lie in Palm Beach County, Florida.
(b) This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other
agreements with respect to the subject matter and property covered by this Lease. Any amendments to this Lease must be in writing and
executed by both parties.
(c) Landlord agrees to cooperate with Tenant in executing any documents necessary to protect Tenant's rights in or use of the
Premises. A Memorandum of Lease in substantially the form attached hereto as Exhibit C may be recorded in place of this Lease by
Tenant.
(d) In the event the Property is encumbered by a mortgage or deed of trust, Landlord agrees, upon request of Tenant, to obtain
and furnish to Tenant a non-disturbance and attornment agreement for each such mortgage or deed of trust, in a form reasonably acceptable
to Tenant.
(e) Tenant may obtain title insurance on its interest in the Premises. Landlord agrees to execute such documents as the title
company may require in connection therewith, at no cost or expense to Landlord.
(f) This Lease shall be construed in accordance with the laws of the state in which the Property is located, without regard to the
conflicts of law principles of such state.
(g) If any term of this Lease is found to be void or invalid, the remaining terms of this Lease shall continue in full force and
effect. Any questions of particular interpretation shall not bc interpreted against the drafter, but rather in accordance with the [air meaning
thereof. No provision of this Lease will be deemed waived by either party unless expressly waived in writing by the waiving party. No
waiver shall be implied by delay or any other act or omission of either party. No waiver by either party of any provision of this Lease shall
be deemed a waiver of such provision with respect to any subsequent matter relating to such provision.
(h) The persons who have executed this Lease represent and warrant that they are duly authorized to execute this Lease in their
individual or representative capacities as indicated.
(i) This Lease may be executed in any number of counterparts, each of which shall be deemed an original, but all of which
together shall constitute a single instrument.
Ul All Exhibits referred to herein and any Addenda are incorporated herein for all purposes. The parties understand and
acknowledge that Exhibits A and B may be attached to this Lease and the Memorandum of Lease, in preliminary form. Accordingly, the
parties agree that upon the preparation of final, more complete exhibits, Exhibits A and/or B, as the case may be, may he replaced by
Tenant with such final, more complete exhibit(s).
(k) If either party is represented by any broker or any other leasing agent. such party is responsible for all commission fees or
other payment to such agent, and agrees to indemnify and hold the other party harmless from all claims by SLlch broker or anyone claiming
through such broker.
(1) The parties agree to comply with all applicable laws of the United States of America, State of Florida, and the Ordinances of
the City of Boynton Beach. Tenant shall secure all necessary permits and licenses and use good faith efforts to keep same in force during
the term ofthis Lease and shall not commit any waste of the Property. Tenant acknowledges that certain permits may require action at the
City Commission of the City of Boynton Beach, and that execution of this Lease by the Landlord in no way guarantees further approval by
the City Commission.
(m) In accordance with Florida law, the following notice is hereby given to Tenant: "RADON GAS: RADON IS A
NATURALLY OCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCULlLATED IN A BUILDING IN SUFFICIENT
QUANTITY, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSE TO IT OVER TIME. LEVELS OF RADON
THAT EXCEED FEDERAL AND STATE GUILDELlNE HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL
INFORMA TION REGARDING RADON AND RADON TESTING MAYBE OBTAINED FROM YOUR COUNTY PUBLIC HEALTH
UNIT".
*** REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK ***
6
Site Number: 6WPl208D
Site Name: Boynton Water Treatment
Market: Miami
Site Lease version 9.2 1.07
1,.\ N D LO RD:
The cI1l'cti\e datL' ,)ltlll\ I.case IS (he dak <II ("\"'01111<'111-.'" IIi<' id,ll'ilr!1 I" ,1~11 (111<' "'!,t!cui",' i 'OIk"'
11\
j'rJnled !\:ame
I ilk:
Datc:
WITNESS
BI
Printed Name
Cit~, of Boynton Beach
\\'ITNIS~
B\
!late, Pat<:
I'rrnted Name
TE'IAI\T:
Ill'
Printed Name
TltlC,
I)ate'
WIT"JESS
By
PfI1llCO Name
[late
T-Mobil, S~ LL'dJi.
:!:I-fL,_=-_
Area Directur, Igi~ring & Operations
&,)-,01
-fjll I
~~ ~ - ~
7Cl-1,.C t t:: - lhtf c.i ;-1' .
~/;),-{o~
'I'-Mobile Legal Approval
Site Number I1WP1208D
SIll: Namc' Buynton \Vatcr Treatment
Vlarhe! l'vliarl11
\\TINES~
By
Printcd "ame
J late
.-~-;ff~
~.Ll'-l/LJ
\Ih: Il',ISl' \'l'1'-l1l1\1' ,: \ (1-
EXHIBIT A
Legal Descriptions
The Property is legally described as follows:
'PWNfTRAcr fJESCRlPTION: '~'-- . . '--" -----.--.----- --.- m_ -~ ..------.---------
PAROEl15
A ptlro8l of land .aItuale In the South one-h8If (112) of 8el::tJon 23, Township 45Souttt, Range 42
Eut. Palm Beach Counly, Florida, mora padleuS&rfy d8lCribed 88 foBow8:
Commencing at fh& Southwest cometof~ Southeaat one-qulUt8l' (1/4) of aa1d SecUon 23i
thence North OO-19'04-a Weat along the W&at Un. of aBId SouthBast one-qusrter (1/4) r:A 8GctkJn
23, 8 cllatance<< 70.45 feet to th& ufsIIng North right-oJ.wey of S,A. 804. sa recorded in Road
Plat Book 1. pag6184-, of the PublIc Recorda of 88ld County,lh8noe North arr1S'04- Eat along
6<<Id right-of-way line. a dfstanGG of 332.2.7 feet. to tha pOInt fA beginning.
FraIn ttle polnt of bfJQInnlng, GOndnue North 89V19'04--e&st aJonp $lid S.R. 104 righl-af..way line,
a dlslance of~.27 feat; thence. North 00"02'02- East 8 distance of 588.10 f~ thence SouIh
89-:roW west a distance of 332.05 feet; thence South 00-03'13" Wm a dlalance of 589.61 faet
to Ihe polnt of begInning.
PARCEl. 16
A p8tca' of land .Qltuata In Ih& South one-half (112) of SectJan 23. Tcwnehlp 45 South. Range 42
east. Palm Beech County, Florida. motU particularly described 88 foIbwa:
Commence at the SC'Il.Itnwest ~'oflhe SOUtheast an.quartar (1/4) of said 88ctlon 23;
I thance HmftI 00.19'04- Wost afbng th& West line of 881d SoUltMraat one-quaMr. (114) of Secllan
23, a d1s1ance of 70..45 feet to the elClatlng North rfghkf-way Pna of S.R. 804. IS I8co1ded In
i Rotld Plat Book 1. Page 184, of 1M public RBcord8 of Mid County; thence North 89.19'04", fEaat
; along 8Bkl right-of-way line. a dlGtBnce of 40.00 feet to th& Ea9t line a1 an 8t) foot right-of .way for
: the E-3C1l118I.snd the point of beginning.
I
; Fmm the paint of beginning. CM1Jnue North 89-1904- East along IJ:8Id SA 804 rioht-oJ.way line.
, a dJatDnGe of 292.27 feet: Ihence NoM 00-03'13- EaBt 8 dlatance of 589.81 feet; thenc& South
89'"30W Wet 8 d1Btancs of 292.95 feet to the efomald Eat fJtIe of the E-3 canBlIfgbt..of..wa!r.
then08 South (W04'25" Wast ~ eeld East line, lil distance of 590.78 feet In the point 01
begInnIng.
#
8
Site Number: 6WPI208D
Site Name: Boynton Water Treatment
Market: Miami
Site Lease version 9.21.07
l'dlIBIT B
The location of the Premises within the Property (together with arress and utilities l is more particularly desrnhed and depicted as
follows:
The Premises are legally described as follows:
T-MOBfLE lEASE AREA:
A p<)rtIon of lh\t Southeast 1/4 cf SectIon 23. Townehlp .<IS-SOUth. Range 42 Eaat. Palm Beach
county, Florida belng RKlI'e particularly d9aCfibed sa fol/o\lllJ;
commenca at the SouthW88\ comer of the afommantloned SouthlUlst114; thence North
40-24'35" Eest. (bearlnga &bown hereon 8re balled on a beaJfng of South 19"28'44" Waat 6Iong
Ill8 South On., of the e1oh:tmenllonad Set:tlol'l23), a dlatanGll of 683.77 feet to the Point of
8eglnnlngi thence North 24eo2'tW WeBI. a dl8tanGe of 15.00 ffJ8I: IhenGe North tlS"S7V East, a
dlslanc& of 35.00 feel; lhanae South 24"02'05" East, 8 dl8tsnCll of 16.00 fest;.fheno& South
65"57'85" Weat. B diatal'lO& of 35.00 foot 10 tha PoInl of Beginning. Said d8scrlbed parcel
containing 525 aqUBl'e feet, mom or la$8.
The Tenant's access easement is legally described as follows:
'5 FOOTT-M08ILE NON-EXClUSIVE ACCESS EASEMENT:
A portion of the Southeast 1/4 of SeI:tion 23, Tovmstdp 45 Soulh. AIlflg8 42 eaat, Palm BGs.mh
County, Ffarida In whWl1 the centsrllne Ia being more partleularly described s& follow8j
Comm8nc:8 8t the Southwest comer of the ab1JmentIoIlad Southeast 114; tI1enos North
78"24'13" f;.aat, (bearfnaa shown hel'8Of) are based on II bear1r19 of Sou1h 89"28'44" West along
the SOUth Ins of the aforementioned SectIon :23). a dIalanGll fA 447.4G f8et to Ole Point of
8agInnlng of the afOl9mentlonlld c8nblllln8 being lacated on the North tVht of WIly /lne d Slate
Road No, 804, Boynton Sach BoulfJ\'Btd: thence North 00"00'00- Wtsr. 8 dlatsnoe of 247.69
feet; th8m:a North 90'00'00. EMt, a dlstanca fA 137.82 ~ 1henoe North 00"00'00" East. a
dllllanGS of 115.46 f8et; thence NoIth 67'U'12" Weal, B dlatance of 62.30 feet; thence North
24"orosw West, 8 distance of 15.16 feet to the PoInt orTermlnUa, being \Qc8ted on the Southeaat
line of tho T -MOBLE tEASE AREA. SaId d&lltirlbed parcel contaInIng 8528 square fi!91 more or
laBs.
The Tenant's utility easement is legally described as follows:
! 5 FOOT T-MOB1LE NON-EXCLUStVE UTlUTY eASEMENT;
, A poltlon of th& Southsaat 1/4 of S6olIon 23, Township 4S Sou1l1,Rang6 42 Easl, Palm Beach
County, FIorkla In which the centerlIne 18 beIng more particularly cleaCl1bed 88 foIlowa;
Commence at the Soofhweat c;orner of the s1orel'Mntioned SoulMaet 114; thence North
28'58'1'" Eael. (bearings ahown hereon aAt baled on 11 btering of SoUlh 89"28'44- W6IIla!ong
th$ south an. of the eroreme"Ucmed'SectJon 23). a dl8tance of 362.73 feet to th& Poln! of
Beglnnlng of the aforelnentkmed ~nle1llrte being located on the Weal face c181'1&ldelior wall;
th8noe North 89-&6'54" East" atong a line 2,5 feat SouIh of Bnd parsllel wIth the NOIth me of an
exterior wall Bnd Its Eastmty proJectIon, a distance af 235.86 f8l1It; thence Noah 00"00'Ot1" East. 8
dlatBnG8 of 110.08 feet; thence North 59"10'17" Ea1lt, 8 dl6tance of B8.11 teet; thence NoIth
24002'05" Weet, aJong 8 line 2.5 feet 8oulhW8llturiy of and pa.1 Wi1h the Southweatel'ly One of
the T-M08JLELEASe AREA. a distance 01'20,28 fee{; thence NorUJ 65"57'SS" East. along a!ln$
2.5 fee! Horthwa8tBtly at and parallel with the NoIthweet Ilne of the T.MOIIIl! LEASE AASA. 8
distance of 28.69 feet; thence North 05"41'42- We1\, B dt8taJ'lCl8 at 77.61 fe4It; thence North
54"26W Waat.a dlat8nce of 60.44 feet; thencilt North 88"42'.25" Weal, 8 <llatanCl8 of 292.38 feel
to the Polnt of TermlrnuJ, belnglocat&cJ on 1M Eall!erty facs of an exterior wall. Said dQ8Clibed
paroel containing 4617 square fe&t l1'lOI'8 or lees.
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'>ite Number: t>W1'120XD
<;1\<: Name: Boynt"n Water Treatment
Mar"et: MIami
'.1\1.: \.tase \l._T~lllJl q 2\ I)....
Site Plan Page I of 3
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r1\SITE PLAN
go 35" 70'
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GRAPHIC SCALE
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Site Number: 6WPI208D
Site Name: Boynton Water Treatment
Market: Miami
PROPoSED 5' WIDE
T-WCl8lE NDN-DCa..l..ISM
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BOYNTON WATER .
TREATMENT I
WP 12080 il
1i4fi8O'lNTllN~1lOlJlLVNID)'
IIO'/'IIJONIlDCH.Fl.s34Jl .
-- r
LEASE EXHIBIT I
(SITE PlAN)
-~ I
L1 f
Site Lease version 9,21,07
Site Plan Page 2 of 3
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'iite Number: 6WPI2USn
Site Name' Boynton Water lr~atmellt
Market. Miami
~lt~ I ~ase \'IT....1i1l; " _ i I
~. .Mobile.
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Site Plan Page 3 of 3
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Site Number: 6WPI208D
Site Name: Boynton Water Treatment
Market: Miami
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BOYNTON WATER
TREATMENT
WP120BD
LEASE EXHIBIT
(ELEVATION)
L3
1f
Site Lease version 9,21.07
EXHIBIT C
Memorandum
of
Lease
, '
,_1
~ite Number: 6WPJ20/iD
')ile Name: Boynton Water Tn:atmel1l
'.larker Miami
.......1\1: L,e~h( VChl(I1~~; -, I ll~'
MEMORANDUM OF LEASE
Assessor's Parcel Number: 00-42-45-23-00-000-5030
Between the City of Boynton Beach ("Landlord") and T- Mobile South LLC ("Tenant")
A Site Lease with Option (the "Lease") by and between the City of Boynton Beach, a municipal corporation
("Landlord") and T-Mobile South LLC, a Delaware limited liability company ("'Tenant") was made regarding a portion of the following
property:
See Attached Exhibit "A" incorporated herein for all purposes
The Option is for a term of twelve (12) months after the Effective Date of the Lease (as defined under the Lease),
The Lease is for a term of five (5) years and will commence on the date as set forth in the Lease (the "Commencement Date").
Tenant shall have the right to extend this Lease for five (5) additional and successive five-year terms.
The Lease prohibits Tenant from placing any Lien on the Property including but not limited to a mechanic's lien.
IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum effective as of the date of the last
party to sign.
LANDLORD:
City of Boynton Beach
By:
NOT FOR EXECUTION
Printed Name:
Title:
Date:
WITNESS:
WITNESS:
By:
NOT FOR EXECUTION
By:
NOT FOR EXECUTION
Printed Name:
Printed Name:
Date:
Date:
TENANT:
T-Mobile South LLC
By:
NOT FOR EXECUTION
Printed Name:
Tim B. Chandler
Title:
Date:
Area Director, Engineering & Operations
WITNESS:
WITNESS
By:
NOT FOR EXECUTION
By:
NOT FOR EXECUTION
Printed Name:
Printed Name:
Date:
Date:
Memorandum to Site Lease with Option - Page I
Site Number: 6WPI208D
Site Name: Boynton Water Treatment
Market: Miami
Site Lease version 9.21.07
<';'1 i\ If, ()J 1'l()RID,\
('ClUNTY ()F
//Volarl' Mock for LtlJul/onJ/
) ss,
This instrument was acknowledged
______________~, [title] ___
corporation, on behalf of said City of Boynton Beach,
Personally Known OR Produced Identification
Type of Identification Produced______
Dated:
(\ Ise this space for notary stamp/seal)
ST i\ TE OF FLORIDA
COUNTY OF
bd()re
NOT FOR EXECUTION
Nutary Public
Print Name
My commission expires ,_
/ Nolan' block fDr T eflllflt!
I
) ss,
n1l:
UJ]
;,\
Ur City of Boynton Beach a municipal
This instrument was acknowledged before me on ,_~,__,__ ,_ __ by Tim B, Chandler. Area Dm:clor.
Engineering & Operations of T-Mobile South LLC, a Delaware limited liability company. on behalf of said T-Mobile South
LLC.
Personally Known ____ OR Produced Identitication
Type of Identification Produced_ _
Dated:
(1lse this space for notar) stamp/seal)
Site Number: t\\VPI208D
SHe Name: Boynton Watn'l reatment
Market' Miami
NOT FOR EXECUTl()1'\
Notary Public
Print Name _ _~_,_____
M\ commission expires _ __,_
Memorandum to SHe I.ease With ( '['tillll - I'at'l' ~
\1l1' Lea'1l" VlT\1illl \. 1 !)""'
Memorandum of Lease Exhibit A
Legal Descriptions
The Property is legally described as follows:
pwNT'tAACT DESCRIPTION: ~_._- .............un._.___~~_______ -- .-._~~_.__.._..,.~_._.._--_.P---------
PAROEL 15
A p8J'08I of land .a1tu8le In the South one-half (112) of SectIon 23. Township 45SauIh. Range 42
East. PsJm BellCh Counly, FIorfds. mora padiculBriy d8lCribed 88 folbw8:
CommeRClng at fha Southwest comel'of the ~ GJtfH1UBltBr (114) of aa1d SecUon 23;
tn8l'lOlt Norih 00-19'04' Welt along Ih8 West Hne at sBld Soulh8a&t omHIuarter (1/4) d Sectfan
23- 8 distance fA 70.45 feet to th& exfatIng North right-otLws.Y of a.at 804. aa reoo1ded III Road
Plat Book 1. pag&184, of the Pubh Aecofd8 ot88ld County; thence North 8rNSlQ4- East stong
8IlId right-of..way 11ne, 8 dfsrance of 332.27 fe8t to the pOInt d beginning.
From the potnt of beplnnlng. oontlnue NmtA 89019'04-&BlaJong said S.A. 104 rfght-af..way line,
a cIIstanoe of 832.27 feet; thence. NoItl 00"02'02'" East 8 dlattmce of 588.70 f~ thence SouIh
sa~w W8IIta dlatBnce of 332.06 feet; thence Sautb<Kr03'13'" Well a dlalanoe of 589.61 feel
to the point of beglnnfng.
PARCELf6
A patell. of land .sltuate In th& SolIIh one-half (112) of SectIon 23. TownshIp 4S South, RanlJe 42
East. peJm Beech County, Florida. motu particularly described 88 folbwa:
Commence at the SoLlthweat ~ 'crUte Southeast CJne.quartal' (1/4) of Hid secUon 23;
th8noe North 00.19'04. Weat aJtJng the West line of aid SoUlhRat One-qualf:8r. (114) of SectIon
23. 8 d1al8nc8 or 70.45 feel to the existing North. rfght..of-way Pne of S.R. 804. as I8corded In
R.oe.d Plat Book i. Page 184, d the pubJlcR8cardB of Mid County; thrmce North 89"19'04.. Eaat
along 88kl rf;ht-of-way line. adl8tance of 40.00 feet to the em line or an 8Ofoot right-of -way for
: the E-3C8JJ8I.end the point of beginning.
I
; Frana th& point of beglnntng, contlnue Notth 89.1904" East aSofl9lJ:81d SA 804light-of..way line,
, a c08CBnGe of 292.27 feel: IJ\enQI North 00-03'13" Eaat a dlatence of 589.81 feet thence South
89'"30'29" Wet 8 d1llfan'ce of m.95 tee' to the af'ote8lld Eatt f1ne of the E~ cenBlIfgtlt..of.way:
then08 South ~'2~ West along aatd: East Une, a dlslancaof 590.18 feet In the point at
beginnIng.
The Premises are legally described as follows:
T-MOBlLE lEASE AREA:
A portion at th9 Southe88t 1/4 Clf SectIon 23. Town,hlp .tIS-SoUth, Range 42 Eatt. Palm Beach
Ccit.lnty. Florida being more particularly described 88 fol1oMs;
Ccmmence at the SouthWB8t c:omer of the afomrnanf/onecf Sotdhuast 1U; thence North
40-24'35- Eeat. (bearings ehown hereon 8l'D wed on a bearing of South 89"28'W Weat along
the South Ilne of the efof8mentlonad Section 23). a dlatance of 693.77 feet to the Point of
8eglnnlng.1hunce NOfth 24~ West, a dratance of 15.00 fa8I: fhence North 66"57'55" East, a
dl8bsnc& of 38.00 feel; Ihsnce South 24"02'05w East, 8 d18tsnoe of 15.00 f88l:. thence South
65"57'85" Wet. a diafamm of 35.00 feet to the Polnt of leglnnlng. Sakt d8sCftbed parcel
contaIning 626 aqUBf9 feet, more Of Iasa.
Memorandum to Site Lease with Option - Page 3
Site Number: 6WP1208D
Site Name: Boynton Water Treatment
Market: Miami
Site Lease version 9.21.07
The Tenant's access easement is legally described as follows:
15 FOOT T--MOBILE NON--EXClUSlVE ACceSS eASEMENT:
A portfon of the Southeast 1/4 of Sel::tion 23, Tawnshtp 45 South. Range 42 East, Palm Beach
Counly. FJorida In wtich the centerBna Is being more particularly described 8& folfowej
Commenee at the SoulhW$St comer of U\6 afoAJmentloned Southeot 1/4; thence North
78'24'1S-I;.sat, (beat{nge shoWn hereon 8re baaed 011 II beaJfn9 of Sou1h 89~8'44. West abng
the Scum Ilis of the afollmJantloned Sec:Uan 23). a dlatanca of 447.49 f8et to the ~oInt of
Beginning of the aforemuntlonBd cent&rUrte being Iocat8d on the North ..vht at way fine d Slate
Road No. 804. 8oyntOt'l8each Boulevard: <<hence NorIh 00.00'00- w.st. a dJatance of 247.69
feet: 1hlInca North 90'00'00. east, a dlstanCa of 137.82 feet; 1henoe Noeth 00-00'00. &sat. 8
dfatance of 116.46 feet; thence NoIth 67'3S'1~ Wea!. B dl8tance of S2.~O (eet; thence North
24"02W Woat. a d1atanroe of 15.15 feet to the PaInt of"ermlnUa, being IocIlted on ~ Southeast
line of tho T-MOB1t.E LEASE AREA. SaId dest>rlbed pamet ocmtalnlng 8528 square' fael mot'8 or
lass.
The Tenant's utility easement is legally described as follows:
i 5 FOOrT-MOB1LE NON-EXCLUStVE unUlY eASEMeNT:
I A portlon of 01& SouU1881t 114 of SeetIon 23, TownShIp 45 SOUth,Rang& 42 Ea8l.Palm Beach
County, FtarldB In which. th& centerline Is beIng more partfcU$a1iy cJ.escribed 88 toIlow8;
Commence at the SQufhwe&t comer or the sfol'8ment1oned Southeast '1/4; 'thence North
W58'1P real, (bearillle 8hown hereon ale b88ed on . bearing of SouU\ 89~~44" Weal BIong
the south Una of the aroremenlloned'SealJon 23). a dl8tam>> of 362.13 feet to Ih& PoInt of
BegInning of the aforetnentlaned c:entarlln& being located on the Weal face of an G3d8rior WIll!;
thanca North 89-58'54- EDet. along a line 2.51aet SoUlh of end psralfel wllh the NoIth ta;a of an
exterior waD and 1t8 f:slterly pmJeclfon. a dlal8nce of 235.89 188t: thence Notth OO.OOl()(r' Eaat. 8
dfItBnce of 110.08 fa&!; thence North 59"10'1'" Eaet. a dl6tanoa of 98.11 feet; tMno& NotIh
24002'05- WestJ abng 8 t1ne 2.5 f&et 8outhwes1sriy cf and pal'dlle) with the SouthW8lferly Dne of
the T-MO$lt.e.lEASe MEA. a distance of 20.28 feel; lhenoe North 8S'57W E88t. along 8 !&lEt
2.5 fe8I: Harthwal'lterly of end psrallefwfth the Northwest Ifne of ttle T..YOBlLJ! LEASE NEA, 8
distance of 28.59 faet; thence North 05.41'42- Wem. 8 dfstance at 77.61 feat: thenaI North
54'28W Weat" a dlltanoe of 60.44 feet; thenc>> North 88-42'25'" W~, 8 dl&tanoe of 292.36 feet
to the PoInt of Tennlnus. being IocatecJ on Ih& f!aatarty face of en exterior watt. said (fe8Crib9d
paroel cantalntng 4817 aqU81'9'. more or Ien.
I\kmorandum to Site I.ease With ()ption - Page 4
Site Numher: 6WPJ20SU
SHe Name: !\oynton Water Treatment
Market. Miami
\lte l ~ase VlT~l\lll \-! 21 ()"
MEMORANDUM OF LEASE
Assessor's Parcel Number: 00-42-45-23-00-000-5030
Between the City of Boynton Beach ("Landlord") and T - Mobile South LLC ("Tenant")
A Site Lease with Option (the "Lease") by and between the City of Boynton Beach, a municipal corporation
("Landlord") and T-Mobile South LLC, a Delaware limited liability company ("Tenant") was made regarding a portion of the following
property:
See Attached Exhibit "A" incorporated herein for all purposes
The Option is for a term of twelve (] 2) months after the Effective Date of the Lease (as defined under the Lease),
The Lease is for a term of five (5) years and will commence on the date as set forth in the Lease (the "Commencement Date").
Tenant shall have the right to extend this Lease for five (5) additional and successive five-year terms.
The Lease prohibits Tenant from placing any Lien on the Property including but not limited to a mechanic's lien.
IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum effective as of the date of the last
party to sign.
LANDLORD:
By:
Printed Name:
Title:
Date:
WITNESS:
By:
Printed Name:
Date:
TENANT:
By:
Printed Nllme:
Title:
Date:
WITNESS:
By:
Printed Name:
Date:
City of Boynton Beach
WITNESS:
By:
Printed Name:
Date:
T_M.Ob'tfLZ J /
~_ Cot&-
Tim B. C n er
1l
~dt\J c_~,.~
~~ ~ nt.L- Cotl"
(" {'- fo,
wrrNESS ~
By ~C(
Printed Name: \" ; 1M t)fv...., c.. fSe/kd
Date U (2.- (() <j
Memorandum to Site Lease with Option - Page I
Site Number: 6WPI208D
Site Name: Boynton Water Treatment
Market: Miami
Site Lease version 9.2] .07
/iVotl/l1' bloc!. lor Landlord/
') I \ If. ( 1I FU lIW),\
I SS,
('Ol INT\' OJ.
This instrument was acknowledged
____ ___~. [title]
corporation, on behalf of said City of Boynton Beach,
Personally Known OR Produced Identification
Type of Identification Produced __ ,_ ______
he fore
me
un
of City of Boynton Beach a Illunicip,tl
Dated:
Nutary Public
Print Name
My commission expire,
(llse this space for notary stamp/seall
/Notlll1' block far Tefll/llt/
STATE OF FLORJ[)A
Ct HINTY OF
t),u ,,~\
I s-;
.. :rhis instrume,nt was. acknow.Jedged befor~ me on _.:iL.l ~~ 2..1. ~ 1 by Tim B, Ch~mdler, Area Director,
Engmeenng & OperatIons of T-MobIle South LLC, a Delaware lnmted Itahtl1ty company. on hehalf oj saJd T-Mohtle South
LLC, /"
Personally Known~::_ OR Produced Identification
Type of Identification Produced__ _
Dated:
~ l 't.- ( 0 C) ._~__
~~ ~ '-~-----
Notan Public ~ ~-
'nl Name ''\~'-V\. E...J) '-tpl.l-l-S
11' commissiun expires IV-t!J \J .~~C/ I '"t
'!I." PAUL E. DUPUIS
'\ Notary Public. Stitt of .
.:
.74.! My Comm, Ellpires Nov 19. 20 2
,~t1J." Commission 11 DO 839656
..",
(llse this space for llotary stamp/seal)
Memorandum III Site I.ease With (Jpnlln - Pai'l' 2
Site Numher 6WPI2<JSD
Site Name: Boynton Water Treatment
Market. Miami
'-;,k lease \er:-.llil~ Ii .2 j
Memorandum of Lease Exhibit A
Legal Descriptions
The Property is legally described as follows:
.PAAENTTRAcT DESCRJPTlON:' ___h'.____._.______._____ __U ------------.--.--.--------
PARCEl 15
A paJOUf of land .8l1ual:e In the South one-h8lf (112) of SecUan 23. Township .c5South, Range 42
East, PsJm Beach County, FIoridIi, mora pertb.dsrfy dlHlCribed 89 follows:
CommeRClng at the Southwest COJY1'lr of the Soulheaat oJ1fHlUlUt8l' (1/4) of aa1d SecUon 23;
theno9 Norih 00-19'04' We.t along the West On.of811d Soulh8atJton&-qusder(1J4)cf&;1ction
23. a dlatance of70AS feet to th& dsIIng North right~W8Y of S.R. 804, u reco1ded JIl Roed
Plat Book 1. page 184. of Ute PubUo Record. of 88ld County,lh8nc& North ....9'04. Eat along
sekf right-of..way h. a dfslanGG of 332.2.7 fe$t. to the point of beg1nnlng.
Flam Ule polnt of beginnIng, CDnttnue North 89.19'04-eaBlalong said 8.R. 104 rfghl-af..way Ins.
a distance of 332.27 fe6tt thence. Nodh 00002'02' East 8 dlatance of 588.70 f~ thence SouIh
89"30'29" West a dlatance of 332.06 feGt; thence South 00"'03'13" Wett a dle1anee of 689.$1 feel
to the point of begInning.
PARCEl. 16
A parcel of land .lIltuat& In the South one-half (112) of Sectian 23. Tawnahlp 4S South. Range 42
East, Palm Belllch County, FlOrida. mote partlculllrly described B8 folloWs:
Commenca at tI\8 Southwest comer 'of the SOUlbea81 One-quartar (it4) of 8BId SBCtlon 23:
jlh8nce NoI'f:h 00-19'04- Welt aJDng the We8t line of 881d Southeaat One-quarter, (114) of SectIon
23, a dlal8nC8 of 70.45 feet la the _sting North rfght..of..way Pna of S.R. 804, 118 racoldtld In
i -.d Plat Book 1, Page 184, or the public Rscord8 of eard County; thence NorIh 89-19'0411, eaat
; along 88kl right-of.way lIne, a d\8t&nc& of 40.00 feet to the t:a9t line of an 80 foot right-of -way for
1 the E-3cenal,and U1e point of beginning.
,
: Frcm th& point of baglnn\ng, conlInue NDrth 89-1904- East along .d SA 904 right-or-way line,
. a dJ8trIrtGe of 292.27 feet; 0\enc8 Nortb 00-03'1311 Eels dlltal'\C8 of 589.81 feet thence SouUl
. 89~OW Wftt 8 d1rdanC& of 292.95 feet to the efcn8&ld EattDne of the E~ cenBl.rfght-of.way:
thenoe South ~~" Wast along said East line. a dl8t9nca of 590.78 feet to the point of
beglnntn;.
The Premises are legally described as follows:
T-MOBfLE LEASE AREA:
A portion of th9 Sot.dheaat 1/4 of SectIon 23. Townshlp M),aouth, Range 42 East. Palm Beach
CciUnly. Florida being mare partlcutatly deScribed Ila fot1owa;
Commence at the Southwest oomer of the afcAlmantloned Southsaat 114; thence Nolfh
40-24'35. Eeat. (bearfng8 shown hall)Qn 8At wed em a bearing of South 89"2W4411 Weat along
the South One of the efoNmentloned Section 23), a dl8tsm:e of 693.77 feet to the Point of
Begtnnlng; thence NDIth 24eo2'05" Welt. a distance of 15.00 feet; thence North 66-57'55'" East, a
dl8tanc& of 36.00 feel; Ihsnce South 241102'05'" East, 8 dlitsnO$ of 15.00 f88l~ thence South
85.STfi51' WfiHlt. a dlafal'109 of 35.00 feet to the Point of Beginning. Said d6scftbed pan:el
wntalnlng 526 8qUS59 feet, tnOle or Ia8a.
Memorandum to Site Lease with Option - Page 3
Site Number: 6WPl208D
Site Name: Boynton Water Treatment
Market: Miami
Site Lease version 9.2] .07
The Tenant's access easement is legally described as follows;
15 FOOT TooMOSlu.: NO~exClUSJVE ACCeSS EASEMENT:
A portfon of the Southeast 1/4 of Section 23. TownstNp 4S Sou1h, Rang& 42 eu.st, Palm Beach
County, Rorid8 In which the efJntsrlfn& fa belng more pertbllarly described 88 mlfO'Mlj
Commence at the Southwest comer of Uls a~mentlol1ed Southeaal1f4; ttlence North
78'24113. Eaat, (bomfn;e 8ho\m hereon are baled on II bearing of Sou1h 89"28'44" WeRt stong
the South 1n6 at the afol'6mentloned SecUon 23). a dt&tanca d 447.49 teet to the Point of
BeQiMIng: of the afClr8mentlonBd centsrUne being Iacated on the North right of way Ifne of State
Road No. 804. Boynton &ach Boulevatd: Uwnoa Marth 00"00'00" w.st. a dJslBnC& of 247.69
feet: thunce North 90'00'00" East, a dlst8nca of 137.82 feet; thenoe North 00-00'0011 E'aat. a
dletenca of 1 15.46 feet; thence NDlth 67.3a'1~ Weal, B dlltance or $2.30 f88t: theftoe Hol1h
24"02W W8&t, a dJalan08 of 15.15 feet to the PoInt or"ermlnUa, betng IoCited on the Southeast
line of the T-M08ItE lEASE AREA. SaId desarfbed parcef OCNltalnlng 8528 squ8re' feet more or
laBs.
The Tenant's utility easement is legally described as follows:
5 FOOTT-MOBlLe NON-eXClUStVE UTIurr eASEMENT;
A portlon ofOta SouIheaat 114 of Sectlan 23, TownShIp 45 South,Range 42 Eael.Pa'lm Beach
County, FlorIda In which. tM centerlIne Is being mom partIcUlarly described 88 foIlow3,
. Commence at the Soufh\Wst eamer of the afo18tMnt1ot1ed Southeast 114: 1hsnc& North
W58'1r Eaal, (bearfngll shown heNan 8,. baled on 11 bearing of South 89~&144-" Waat stong
the south vn. of the 8forementJoned'SeclJon 23), a dlstanee of 362.73 feet to Ih& Polnt of
geglnnlng of the afor&tnentlone<l centBtlln& belnlJloGated on the Weal face of an 83d81ior wall:
thenca North 89-66'54- East. sfong a i1ne 2.5 feat South of and p&I'IfleJ wlth th& Notth fIt:a of an
exterior walJ and Ita easterly pmfeollon, a distance of 235.8B feet; thence North 00-OO1()O" Eaat. e
dfalBnee 01110.oe fee!; thence North 5fr10'fP East. 8 distance of 18.111&&t; thence NoIth
24002'05- W8ItJ aSong alfne 2.5 feet Soulhwes1eriy of and pal8Jlel With the 80uthweaterly Dne of
the TooM081LE LEASE AREA. a df6tence 01'20.28 feel; IhenQ8 Nodh 65"57$5" East. along a ttna
2.5 feet Hcrthwe8terfy of and psraUetwlth the Northwest Une of the T..MOBJU! LEAS! AAf!A, 8
dl5t!lnce d 28.59 tee!; thence North 05-41'42. We'8t, 8 dt818nce at 17.87 feat: thenae North
S4~6W West,. a dla18nce af 80.44 teet; thent& Notth 88-42.'25" W881, 8 distance of 292.38 feet
to the PoInt of Tlf11'llnUl. being br.;atecJ on 1ll& Ealllariy face of en extemr watt. S81d cf88Cribed
parcel contBfnlng 4611 square tWIt more or lees.
Memorandum to Site I.case WIth ( Ip11011 - I'age 4
~lle Numher: 6WP1208ll
Site Name Bovnton Water Treatment
i'darket. rvliami
'\He l.ease \'er;-,I(1I1 q '1 i)'
VI.-CONSENT AGENDA
ITEM D.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
o A ri121, 2009
o 5,2009
o 19,2009
o June 2, 2009
IZI June 16, 2009
0 7,2009
0 21,2009
0
a""l"'l
r-m
0 Announcements/Presentations 0
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM IZI Consent A enda 0 Le al
0 0 Unfinished Business
0 Public Hearin 0
RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month
of May 2009.
EXPLANATION: Per Ordinance 001-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b,
which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute
a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities,
and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the
second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City
Manager.
PROGRAM IMPACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement
of commodities, services, and personal property. Administrative controls are in place with the development of a special
processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the
Department Director, Purchasing Agent, and City Manager.
FISCAL IMP ACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the
organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead
of processing for a proval, and allow for more timely purchases to be made.
IV StE;W.
epartment Head's Signature
~~a___
City Manager's Signatur71
j'
City Attorney / Finance
W.h~~~
Procurement S rvibes
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
.
CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR MAY 2009
1. Vendor: TALLEY WALKER SERVICES, INC.
Requesting Department: ENGINEERING
Purchase Amount:
Contact Person: KEVIN RAMSEY
Date: 5/26/09
S 13.442.00
Brief Description of Purchase:
SKYLAKE - SIDEWALK REPAIRS AND REPLACEMENT - SERVICE
Source for Purchase:
3 QUOTES
Fund Source: 302-4905-580.63-24
2 Vendor: SPECIAL PRODUCTS GROUP
Requesting Department: FIRE DEPARTMENT
Purchase Amount:
Contact Person: AMY MCDEAVITT
Date: 5/26/09
$23,732,80 i
Brief Description of Purchase:
(40) SETS OF BODY ARMOR TO BE WORN BY FIRE PERSONNEL WHEN POTENTIAL VIOLENT INCIDENTS OCCUR -
COMMODITY
Source for Purchase:
STATE CONTRACT 680-850-05-1
Fund Source: 001-2210-522-64-06
3 Vendor: FRITZ MASSIE FENCE INC
Requesting Department: RECREATION & PARKS
Purchase Amount:
Contact Person: WALLY MAJORS
Date: 5/1/09
$12,500.00 i
Brief Description of Purchase:
BLACK WIRE 9 GAUGE FENCING AROUND TENNIS COURTS - COMMODITY/SERVICE
Source for Purchase:
THREE WRITTEN QUOTES
Fund Source: 302-4112-572.63-05
4 Vendor: TALL Y WALKER
Requesting Department: ENGINEERING
Purchase Amount:
Contact Person: KEVIN RAMSEY
Date: 5/18/09
$20,965.40 '
Brief Description of Purchase:
FIRE STATION #3 REMODELING KITCHEN. FLOORING REMOVAL AND REPLACEMENT AND REMOVAL OF CABINETS AND
COUNTER TOPS - SERVICE/COMMODITY
Source for Purchase:
THREE WRITTEN QUOTES
Fund Source: 302-4127-522.62-01
5 Vendor: VERMONT SYSTEMS
Requesting Department: ITS FOR RECREATION
Purchase Amount:
Contact Person: CATHY MCDEAVITT
Date: 5/12/09
$18,084.00 '
Brief Description of Purchase:
SOFTWARE FOR REC TRAC AND WEB TRAC - COMMODITY
Source for Purchase:
SOLE SOURCE
Fund Source: 172-2712-572.64-14
Page 1
6 Vendor: COBHAM TRACKING & LOCATING L TO
"equesting Department: POLICE
Purchase Amount:
Contact Person:
Date:
$12,500.00
LT. GARY CHAPMAN
5/14/09
orief Description of Purchase:
2 GUARDIAN REAL TIME TDK - COB HAM TRACKING AND LOCATING WITH BATTERY PACKS - COMMODITY
Source for Purchase:
SOLE SOURCE
Fund Source: 001-2110-521.64-20
7 Vendor: DELL MARKETING
Requesting Department: POLICE
Purchase Amount:
Contact Person:
Date:
$16,043.60
DOUG SOLOMON
5/15/09
Brief Description of Purchase:
(20) COMPUTERS - COMMODITY
Source for Purchase:
STATE CONTRACT 250-040-08-1
Fund Source: 691-5000-590.01-27
8 Vendor: AT&T
Requesting Department:
ENGINEERING
Purchase Amount:
Contact Person:
Date:
$10,078.00
KEVIN RAMSEY
5/12/09
Brief Description of Purchase:
RELOCATION, SET UP AND SERVICE FOR 911 EQUIPMENT FOR THE EMERGENCY DISPATCH CONTROL ROOM AT FIRE
STATION #5 SERVICE
Source for Purchase:
SOLE SOURCE
Fund Source: 304-4123-580-62-01
9 Vendor: ITT FL YGT
~equesting Department:
UTILITIES
Purchase Amount:
Contact Person:
Date:
$13,958.00
drief Description of Purchase:
REPAIR A 110 HP PUMP AT MASTER STATION #356 SERVICE
JIM HART
5/6/09
Source for Purchase:
PIGGY-BACK JEA
Fund Source: 401-2816-536-46-51
10 Vendor:
Requesting Department:
Purchase Amount:
Contact Person:
Date:
Brief Description of Purchase:
Source for Purchase:
Fund Source:
Page 2
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P,O, BOX 310
BOYNTON BEACH, FLORIDA 33425-031 ()
::c.C. #. U:1 8il
~ATE~ D.5 c~ ..,~
VENDOR 0833
TO: TALLEY WALKER SERVICES, INC.
5208 PALM WAY
LAKE WORTH, FL 33463
SHIP TO:
::i:::y of Boynton Beach
ENGINEERING DEPARTMENT
lOa E, BOYNTON BCH. BLVD.
BOYNTON BEACH, FL 33435
DATE NEEDED:
BID NO:
COMMISSION APPROVED:
REQUISITION NO.
49319
ORDERING DEPARTMENT: ENGINEERING/GM/RC
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COST
1
13442.00 DL SKY LAKE- SIDEWALK REPAIRS
remove and replace 2,452 square
feet of sidewalks
1.000e
13442.00
REMARKS:
Refer to Talley Walker proposal dated 5-19-09.
PROCUREMENT SERVICES:
P.O. TOTAL:
-..'''.[
.3442.C0
ACCOUNT NO.
302-4905-5BO.63-24
PROJECT
CP0263
13442.00
DIIDf'U ^ C::11\1r-
"
.
'. ~
15/19/09
PROPOSAL
Talley Walker Services Inc.
5208 Palm Way
Lake Worth FL. 33463
561- 719- 3101
Fax 561-966-8609
LIC# CGC-060030
To: City of Boynton Beach
100 E. Boynton Beach Blvd.
PO Box310
Boynton Beach FL. 33425
Att: George Mantell Fax# 742-6285
SUB: Sky Lake Side Walks
. Remove and replace 2A52 Square feet of sidewalks. All work is
based on pages 1 thru 5 dated 4/29/2009 received from George
Mantell. All sidewalks areas itemized on these pages will be
replaced. Areas that indicate stamped will be with D.O.T. approved.
All cut areas will be sectioned off with orange barrier fencing on each
end while concrete is missing or drying. Sod will be replaced with
same type as before if destroyed by our work within 12" of sidewalk
(this can be less if city requires). Any roots will be removed by us.
Irrigation will be repaired if we break a line. We will maintain traffic
during construction.
$13,442.00
Total Price
All work is guaranteed to be as specified. All work to be completed in a workmanlike
manner according to standard practices. Any alteration or deviation from above
specifications involving extra costs, will be executed only upon written orders, and will
become an extra charge over and above the estimate.
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEV ARD
P.O. BOX 310
BOYNTON BEACH FLORIDA 33425-03'1()
I **,
8,.
DATE: 05.
VENDOR 5607
TO: SPECIAL PRODUCTS GROUP
2023 CORPORATE DRIVE
BOYNTON BEACH, FL 33426
SHIP TO:
City of Boynton Beach
FIRE STATION #1
100 E. BOYNTON BCH BLVD
BOYNTON BEACH, FL 33435
DATE NEEDED:
BID NO:
I COMMISSION APPROVED:
fiJJ ) f
fl' I ,
REQUISITION NO.
49307
ORDERING DEPARTMENT: AMY - FIRE RESCUE
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST
EXTENDED
COST
1
40.00 EA ABA XTREME HP LEVEL 3A 452.1400
concealment armor panels (front
and Back)
18085.60
,.,
<..
40.00 EA ABA RED OUTER CARRIER (FIREARMS 109.9800
INSTRUCTOR CARRIER
4399.2C
3
80.00 EA CUSTOM In PATCH FOR FRONT AND 15.6000
BACK TO READ:
~9.YJ:tt:on B~ach
Ji?$;reRescue
(Gold Letters on Red)
...or specify other design / color
1248.00
REMARKS :
pricing per Florida State Contract #680-850-05-1.
Shipping and handling charges included in price.
PROCUREMENT SERVICES:
P.O. TOTAL:
:::3732.8J
ACCOUNT NO.
OOl-22l0-522.64-06
PROJECT
23732.80
PURCHASING
/~>\'-'~?I::-'
(/ .. "\\
Ul ...; "t"
o . /0
J.~. . /~
,,"'- _A'
"."rON ""
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Date: 20-May-09
Requesting Department: Fire Rescue
Contact Person: Ray Carter
Explanation for Purchase:
This is a purchase of 40 sets of Body Armor to be worn by Fire Rescue Personnel on the scene of
violent incidents as well as potentially violent incidents. This Personal Protective Equipment is
being purchased as part of a safety initiative for Fire and EMS personnel working on scene with the
Police Departmment.
I Recommended Vendor Specialty Products Group
I Dollar Amount of Purchase $23,732.80
Source for Purchase (check and attach backup materials):
Three Written Quotations D GSA D
State Contract Ixxx I PRIDE/RESPECT D
SNAPS D Sole Source D
Piggy-Back D Budgeted Item D
Emergency Purchase D Other D
Contract Number: #680-850-05-1
NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract.
Fund Source for Purchase:
Account # 001-2210-522-64-06
Approvals:
Department Head
Purchasing Agent
Asst City Manager
City Manager
)
Wr't7t.,
Date
Date
Date
Date
..
."" ".t.;, ; ~1
",.. 1
Form Revised 02/01/02
/'"
~,;~,!,."
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O, BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
#: J ~~
:JIJ.TE: 05/0 (] ~~;
VENDOR 7947
TO: FRITZ MASSIE FENCE INC.
2862 2ND AVENUE NORTH
LAKE WORTH, FL 33461
SHIP TO:
:ity of Boynton Beach
TENNIS CENTER
3111 S CONGRESS AVENUE
BOYNTON BEACH, FL 33426
REOUISITION NO.
49065
ORDERING DEPARTMENT: RECREATION & PARKS
I COMMISSION APPROVED:
BID NO:
Irll( !lItHI' ,
I' Ir\\ j
DATE NEEDED:
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST
EXTENDED
COST
1
1.00 EA BLACK WIRE 9-GAUGE FENCING AROUND 12500.0000
TENNIS COURTS
12500.JO
REMARKS:
Per quote dated Marcn 20, 2009.
4' x 127' and la' x 582 fencing.
PROCUREMENT SERVICES:
P,O. TOTAL:
12500.00
ACCOUNT NO.
302-4112-572.63-05
PROJECT
RP0918
12500.00
PURCHASING
, ..
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Date: 21-May-09
Requesting Department: Recreation & Parks
Contact Person: Todd Johnson
I Explanation for Purchase:
IThe Tennis Center is in need of new fencing around its four composite courts. The fence has
become dilapidated and the rotted light posts, which are no longer usable, must be removed; a job
that the Parks Department has agreed to perform, The composite courts are not aesthetically
pleasing or safe for our customers.
I Recommended Vendor Fritz Massie Fence Inc.
I Dollar Amount of Purchase $12,500
Source for Purchi;lse (check and attach backup materials):
Three Written Quotations 0 GSA D
State Contract D PRIDE/RESPECT D
SNAPS D Sole Source D
Piggy-Back D Budgeted Item D
Emergency Purchase D Other D
Contract Number:
NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract.
Fund Source for Purchase:
CIP acocunt # 302-4112-572-63.05, RP 0918
Approvals:
Department Head
Purchasing Agent
Asst City Manager
City Manager
P1 ___________
~
Form Revised 02/01/02
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
'it: :;7J_
._i.z:"TE: 05/ '.;;
VENDOR 0833
TO: TALLEY WALKER SERVICES, INC.
5208 PALM WAY
LAKE WORTH, FL 33463
SHIP TO:
City of Boynton Beach
ENGINEERING DEPARTMENT
loe E. BOYNTON BCH. BLV=
BOYNTON BEACH, ?L 3343S
DA TE NEEDED:
BID NO:
I COMMISSION APPROVED:
lNOIIlFW' I ", "
PUl>! ..1A
'J'
REQUISITION NO.
49195
ORDERING DEPARTMENT: ENGINEERING/KR/RC
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
:OST
1
20965.40 DL FIRE STATION #3-REMODELING OF
KITCHEN
flooring and removal of cabinets
and counter tops
remove existing tile in kitchen
and install
12in x 12in non skid floor tile
1.0000
20965.40
REMARKS:
Per proposal dated May 5, 2009.
PROCUREMENT SERVICES:
P.O. TOTAL:
:")965. ,;1_
ACCOUNT NO.
302-4127-522.62-01
PROJECT
880903
20965.40
PURCHASING
....
5/5/09
Page 1
PROPOSAL
Talley Walker Services Inc.
5208 Palm Way
Lake Worth FL, 33463
561-719-3101
Fax 561-966-8609
To: City of Boynton Beach
222 N.E. 9th Avenue
PO Box 310
Boynton Beach FL. 33425
Att: Kevin Ramsey ramseyk@ci.boynton-beach.fl,us
SUB: Fire Station # 3 628-8638
LIC# CGC-060030
Demo: $850.00
. Remove cabinets and counter tops and dispose of into dumpster,
Backing:
. By others
Partition:
By others
Drywall:
. By others
Flooring Labor:
. Remove existing tile in Kitchen and install 12" X 12" non-skid floor
tile on a straight pattern in Kitchen including tile base where needed.
$ 1,317.00
. Remove existing VCT in dining room and install 12" X 12" non-skid
floor tile on a straight pattern in dining room including tile base where
needed, $2,086.00
. All trash to be put in dumpster.
Flooring Material Allowance (Thin set, grout, tile, pickup and delivery):
. Kitchen $990.00
. Dining Room $1,795.00
Plumbing/ Propane GasIMechanical:
. All by City of Boynton
FRP Walls:
. By others
Electric:
. All electric by City of Boynton.
Spice Racks: $95.00
. Remove and reinstall existing spice racks.
Acoustical Tile:
. By others
SilesStone: $6,902.40
. Fabricate and install 3 slabs of %" thick with 1 1/2" standard edge
group 1 silestone with 4" backsp1ash. Color choice to be Beige
Olimpo, Bianco City, Coral Troya, Diana Pearl or Urban Cream.
Cabinetry: $6,930.00
. Provide and install 14' upper cabinetry with doors on both sides,
Center Island and 7' base with upper cabinet using Formica from
Wi1sonart laminate colors and fInishes. Premium colors are not
included, Cabinetry all plywood with white laminate interior.
. Marine ply construction of all cabinets,
. Cabinet pull allowance for all cabinets,
Dumpster:
. Dumpster supplied by City within 100 feet of work area or all trash
piled By Talley Walker Services Inc. in designated area by City
Contractor.
Not Included:
. No work to exhaust hood.
. No painting.
$20,965.40 Total for work listed above
$10,482.70 Due when flooring is installed. All flooring is figured to be installed at
one time. Base board will be installed after cabinets.
$10,482.70 Due upon installation of countertops.
All appliances to be moved by City prior to work commencing.
Any unforeseen conditions inside or behind walls or floors may become an
extra charge. Any extra work added may be charged at an hourly rate of
$55per man hour if set price is not given.
All work is guaranteed to be as specified. All work to be completed in a workmanlike
manner according to standard practices. Any alteration or deviation from above
specifications involving extra costs, will be executed only upon written orders, and will
become an extra charge over and above the estimate.
'\
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEA.CH BOULEVARD
P.O. BOX 31 0
BOYNTON BEACH, FLOF:IDA 33425-0310
P.O. #: 091033
DATE: 05/12/09
----
V JR 8629
TO: VERMONT SYSTEMS
12 MARKET PLACE
ESSEX JUNCTION, VT 05452
SHIP TO:
City of Boynton Beach
ITS DEPARTMENT
100 E BOYNTON BEACH BLVD
BOYNTON BEACH, FL 33435
DATE NEEDED:
BID NO:
I COMMISSION APPROVED:
INQUIRIES REGARDING
PURCHASE ORDER CALL
(561)742-6310
REQUISITION NO.
49174
ORDERING DEPARTMENT: ITS FOR RECREATION
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COST
1
1.00 EA WEB INTERNET SOFTWARE
5450.0000
5450.00
2
., "' . . ..
. ,.. ... ... . .
.. ... ,"..
1 . 00 EA WEB INTERl\T'E;.::J:\ SOli"tWA1ZE~A4",
MAINTENANCE .i. .
990.0000
990,00
3
1. 00 EA
4
1. 00 EA
... ".... . . . ".
::-:':':;:::;:;:::;'::::;:.::::;.. ' -: . -::. .
. . . . . . . .. .,
. . .......... .....
... ........... ...
. . -, ."........,...
~~~dAC1'IVITY REGISTRATION
'~lUIMA;rNTENANCE
),450,0000
1450.00
'2~o.0000
290.00
....'...'....... .
,',' .'....'..,........
.. ,.. .....,
. .,' . '. .
. . .
1. 0 0 EA;~D' LREC TRA,C USERS FOR WEB
.. ...
. :1.2.$0,:000 0
1250.00
6
.' ,. ..'..... .
1, OOEA~I~~~C~~~tJSERS FOR WEB
. . .
."". ,". ....
256)0000
250.00
7
1. 00
... ...... .
EA/<B~~C . TRAC
A~qESS
2450.00
8
1.00 EA EREC TRAC INTERNET REC TRAC STAFF
ACC$SS ANN MAINT
440.0000
440.00
, 9
1.00-EA DISCOUNT
1500,0000
1500.00-
10
1.00 EA OPEN ];lDGE Y10A;PPLlCATION SERVER
.. ..
. .... ...., .
... .
. ..... .. ....' ".
. ,,,...
. . ......... ............ '. .... '. '.','., . ......
1.00 EA OPEN EDGEy*9.~PPL~qA::rI()~$$RVER
ANNUAL MAINT"'''''.'......'....
1820.0000
1820.00
11
394.0000
394.00
12
1.00 EA WEB TAC FIRST STYLE SHEET SERVICE
INITIAL & MAJOR
750.0000
750.00
PROCUREMENT SERVICES:
P.O. TOTAL:
ACCOUNT NO.
"72-2712-572.64-14
PURCHASING
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
:t:t:
-~}i:::E: 05
VENDOR 8629
TO: VERMONT SYSTEMS
12 MARKET PLACE
ESSEX JUNCTION, VT 05452
:3HI i? TO:
=lty of Boynton Beach
ITS DEPARTMENT
100 E BOYNTON BEACH BLVD
BOYNTON BEACH, FL 33435
DA TE NEEDED:
BID NO:
COMMISSION APPROVED:
REOUISITION NO.
49174
ORDERING DEPARTMENT: ITS FOR RECREATION
16
1.00 EA AIRFARE FOR TRAVEL (ESTIMATED)
~'$~I<S:
:r?Ei:ri.VSI QUote number 8121.
EXTENDED
UNIT COST COST
625.0000 1875
300.0000 300
325.0000 975
900.0000 900 0
LINE#
QUANTITY DOM ITEM NO. AND DESCRIPTION
13
3.00 DAY INSTALLATION & TRAINING
14
1.00 DAY TRAVEL TIME
15
3.00 DAY TRAVEL EXPENSES
PROCUREMENT SERVICES:
P.O. TOTAL:
18084.00
ACCOUNT NO.
172-2712-572.64-14
PROJECT
18084.00
PURCHASING
\,,11 T ur DU T I~ I VI'" DI;;;.I-\vl I, I L.'JIII.....",
PROCUREMENT SERVICES DEPARTMENT
1 00 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
P.O, #: 091036
DATE: 05/14/09
VENDOR 2421
TO: COBHAM TRACKING & LOCATING LTD
PO BOX 2728
90 SANFORD DRIVE
WINDSOR, NOVA SCOTIA, CN BON- 2TO
SHIP TO:
City of Boynton Beach
POLICE DEPARTMENT
100 E. BOYNTON BCH. BLVD.
BOYNTON BEACH, FL 33435
REQUISITION NO.
49172
ORDERING DEPARTMENT: POLICE
I COMMISSION APPROVED:
BID NO:
INQUIRIES REGARDING
PURCHASE ORDER CALL
15611742-6310
DATE NEEDED:
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COST
1
2.00 EA 2-GUARDIAN REAL TIME TDK
COBHAM TRACKING & LOCATING
90 SANFORD DRIVE
PO BOX:pg8 .... '. .'. ....
WIND9,9~,~OV~ SCOTIA
~O~..fWb · CA.NADA
9o.~;,.1~$t8~99
~O~~1~$;:;8 ]A~E3( FAx}
6795.0000
13590.00
****PLS. RETURN PO TO PD******
VENDOR ITEM NO.- ST820TDK-SW-CS
2
2.00 EA
2-820 BATTERY PACKS FOR
ST820-9X2!3 A
VENDOR ITEM NO.~ ST820BP
400;0000
800.00
3
1. 00 - :EA/
..... .
. . ", .
D$SCOUNT AMouNT
.. ..
,,' .
. ..
.. . .
189Q.OOOO
1890.00-
. ... . ....... .
.. ,. ,....
. . .....
... . .....
.. . .....
.. "......
. ,. . . .......
.. .,..""
. . . . .. ....
.".. .,......
.. "'" ... ,.....
... "' . .. .
..............~~~KS :
.... Plea$e refer to QUbtation no. RL125h'Q$,
PROCUREMENT SERVICES:
P.O. TOTAL:
12500.00
ACCOUNT NO.
001-2110-521.64-20
PROJECT
12500.00
PURCHASING
CITY OF BOYNTON BEACH, FLORIDA
INTER-OFFICE MEMORANDUM /!..n (':), \ it:'
LOivlifJ rY~ '(uCT'G
,---"-~~--_...,'
FILE ,J 7-
-111 ~OO
" I""'"
~
::::---
64-2-0
.j'"
.1- UJ.zl/H H,)1'f-
,o~ Lt. Chapman, Gary
~ . Support Services
FROM: Det. P. Zampnii
DATE:
07 Januarv 2009
SUBJECT:
ST -820 Guradian Tracking Device
Operations / Justification ~
Auu
REFERENCES:
ENCLOSURES:
Below are listed case investigations that warrant the use of a tracking device:
. (08-43884-Surinach Burglaries) Defendant confessed to (126) commercial burglaries. We knew hIS
identity but had poor surveillance footage in the beginning of the investigation. We utilized BBPD's
current tracking device, however it failed on two occasions and was removed. Intent was to compare
suspects travel over a period of time with locations of reported burglaries.
. (08-17312-Rebecca Zolnay WalMart) Purse snatching / Credit Card Fraud. Key actor was never
arrested due to lack of evidence. As per Zolnay, Tammy EVANS would steal the credit cards and hand
them off to ZOLNA Y for purchases. BV ANS would pick up ZOLNA Y and transport her around the
county. It is suspected that EVANS is still engaged in this scheme but with other subjects.
. During another Burglary Investigation it was discovered a group of individuals were responsible for
daytime burglaries. These individuals were working together with the strict purpose to carry out the
crimes of burglary, dealing in stolen property, criminal use of personal information, etc. One of the
subject's vehicles was being used for the burglaries and to transport the stolen items to different
locations for sale and fencing of the items. The State Attorney's office agreed there was enough
probable cause for a vehicle tracker request. However we did not have one available to continue this
investigation in this direction. This prevented the discovery ofthe subjects' activities that may have
lead to additional charges and persons involved in this criminal enterprise.
. Utilizing the P AWN Shop registry (ie.. Pawn Registry list the most active P AWN Customers):
SIMON JR, THOMAS has pawned 140 items from 09/16-12/16/2008, again the unit would be used to
cross reference locations of suspect vehicle and reported burglaries.
. Tracking of Sexual Predators / Pedophiles
. Narcotics Operations
. Construction site thefts / Burglaries. (attach unit to equipment)
. Generator Thefts (Unit is the size of a pack of cigarettes and has no external antennas.)
. Homicide Investigations (Suspect History ie. Scott Peterson)
The unit downloads to our computers not a server in another state (evidence retention / chain of custody),
Program can be downloaded on multiple computers and numerous persons can track the unit. Unit works of
Cell signals and GPS. Does not need to "See the Sky" like the older units.
Other agencies using this type of device:
Delray Beach PD
Ft. Lauderdale P.D.
Indian River Co So
F.D.L.E. MBI
Largo P.D. Port S1. Lucie P.D.
Tampa P.D. Jupiter PD
Hillsborough S.O.
Boca Raton PD
W.P. Beach PD
Coral Springs P.D.
Hollandale Beach P.D.
Numerous additional agencies
J VI '''''I Ir-\'-'_ _ ",_ _. .
~
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
P.O. #: 091039
DATE: 05/15/09
VE'
R
7736
TO: DELL MARKETING LP
ONE DELL WAY
ROUND ROCK, TX 78682
SHIP TO:
City of Boynton Beach
POLICE DEPARTMENT
100 E, BOYNTON BCH. BLVD.
BOYNTON BEACH, FL 33435
DATE NEEDED:
BID NO:
COMMISSION APPROVED:
INQUIRIES REGARDING
PURCHASE ORDER CAll
(561)742-6310
REQUISITION NO.
491 73
ORDERING DEPARTMENT: POLICE
LINE#
QUANTITY UOM ITEM NO, AND DESCRIPTION
UNIT COST
EXTENDED
COST
1
20.00 EA
AS PER ATTACHED QUOTE #484086573
DELL MARKETING
ONE DELL~.A:);:< .'
ROUNP RQCK,"'i'X 7$682<'
802.1800
16043.60
***$TATE CONTRAcT
#250-040-0B001****
***PLS.RETU1lN' PO TO POLICE****
12-50 FUNDS
QUOTE #484086573 DATED 4/14/09
..1}EMARKS :
1?fggy-bac::k FLSate Contract no. 250-04(J"'o.S-1
PROCUREMENT SERVICES:
P.O. TOTAL:
16043.60
ACCOUNT NO.
691-5000-590.01-27
PROJECT
16043.60
PURCHASING
/~'OELL
QUOTATION
Date: 4/14/094:26:22 PM
QUOTE #:
Customer #:
Contract #:
CustomerAgreement #:
Quote Date:
Customer Name:
484086573
861622
N3005
NASPOWSCA # A63307
4/14/09
CITY OF BOYNTON BEACH
TOTAL QUOTE AMOUNT: $802.18 X lhV
Product Subtotal: $802,18
Tax: $0.00
Shipping & Handling: $0.00
Shipping Method: Ground Total Number of System Groups: 1
GROUP: 1 / QUANTITY: 1 SYSTEM PRICE: $802.18/ GROUP TOTAL: $802.18
Base Unit: Opt1360, Minltower Base (224..0471)
Processor: Dual Core E2200/2.20GHz,1M 800FSB (311-9075)
Memory: 4GB,Non-ECC,800MHz DDR2,2x2GB OptiPlex 330 (311-7595)
Keyboard: Dell USB Keyboard,No Hot Keys English,Black,Optiplex (330-1987)
Monitor: No Monitor Selected, OptiPlex (320-3704)
Video Card: Integrated Video,GMA3100,Dell OptlPlex 330 (320-5766)
Hard Drive: 80GB SATA, 7200 RPM Hard Drlvewith Data Burst Cache,Dell OptlPlex 745 and 330 (341-2961)
Floppy Disk Drive: 3.5Inch,1.44MB,Floppy Drive Dell OptiPlex Desktop or Minltower (341-3840)
Floppy Disk Drive: Cable for 3.5IN,1.44MB Floppy Drive, Dell OptiPlex Minitower (330..0474)
Operating System: Windows XP PRO SP3 with Windows Vista Business LicenseEngllsh,Dell OptlpJex (420-9570)
Operating System: Vista Basic Downgrade Relationship Desktop (310-9162)
Mouse: Dell USB 2 Button Optical Mouse with Scroll, Black OptlPlex (330-2733)
CD-ROM or DVD-ROM Drive: 16X DVD+/-RW and 16X DVD,Data Only,Dell OptlPlex 360 Minitower (313-6763)
CD-ROM or DVD-ROM Drive: Roxio Creator Dell Edidion,9.0Dell OptiPlex (420-7963)
CD-ROM or DVD-ROM Drive: Cyberllnk Power DVD 8.1,with Media,Dell OptlPlex/Precision (420-9179)
Sound Card: Optl 360 Heat Sink,Minitower (330-2079)
Speakers: Dell AX210 two piece stereo Speakers (Black) for Latitude OptiPlex, Precision (313-6515)
Cable: OptlPlex 360 Minitower Chassiswith Standard Power Supply (330-2077)
Documentation Diskette: Documentation,English,Dell OptiPlex (330-1710)
Documentation Diskette: Power Cord,125V,2M,C13,Dell OptiPlex (330-1711) !
Bundled Software: Adobe Acrobat 9.0 English and French,BND,Dell OptiPlex Preclsion,and Latitude (410-1862)
Bundled Software: Microsoft Office Professional for Latitude, OptiPlex, Precision (420-6712) !
Factory Installed Software: Dell Energy Smart Power Management Settings Enabled OptiPlex (310-9504)
Feature Resource DVD contains Diagnostics and Drivers for Dell OptiPlex (330-3686) 1
Service: ProSupport for IT: 7x24 Technical Support for certified IT Staff, 2 Year Extended (984-0002) \
Service: ProSupport for IT: 7x24 Technical Support for certified IT Staff, Initial (984-6640) ,
Service: Thank you choosing Dell ProSupport. For tech support, visit http://support.dell.com/ProSupport
or call 1-866-516-31 (989-3449)
Service: ProSupport for IT: Next Business Day Parts and Labor Onsite Response 2 Year Extended (990-
7692) i
1t )50 - Oi.{O-06 - / 1
C,drdd
file:lIC:\Documents and Settings\solomond\Local Settings\Temporary Internet Files\OL...
2009-04-15
~ ',: .....
. -.
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOU LEV ARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
P.O. #: 091026
DATE: 05/12/09
VE' R 7604
TO: AT & T
701 NW POINT PKWY
SUITE 400
WEST PALM BEACH, FL 33407
SHIP TO:
City of Boynton Beach
ENGINEERING DEPARTMENT
100 E, BOYNTON BCH. BLVD.
BOYNTON BEACH, FL 33435
DATE NEEDED:
BID NO:
COMMISSION APPROVED:
INQUIRIES REGARDING
PURCHASE ORDER CALL
(561)742-6310
REQUISITION NO.
49061
ORDERING DEPARTMENT: ENGINEERING/KR/RC
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COST
1
10078.00 EA FIRE STATION #5-RELOCATION, SET
UP AND SERVICE
for 911 E~ipinent:
Adding...Rp.~f~t rl.;r 3t1Q$uttpp,.,..
deskt;:9Ppg:~J. tP;PI1H/ ..'.. ..,. .'.(), .... ...>
andtWP .12f '911 ti'iiriks.' ........ .' ..
1.0000
10078.00
. ......... .
....... ......, .
. ................ ..
....'.......'.'...................'.',...' ..
..................,.......
.......................
..., .............., ......
.............,..........
RE~${' .
...c.......:..,..........,......'.......-......_' . "'_"
ca$'S14timb$r FL08-7105*03
For-Emergency Dispatch Control Room in Fire
Station no, 5.
PROCUREMENT SERVICES:
P.O. TOTAL:
10078.00
ACCOUNT NO.
304-4123-580.62-01
PROJECT
CP0720
10078.00
PURCHASING
':\ r':-.-" '.
'" \,
~ \
",,'~
o :tJ
;..,/ ./
.-:,' .' .' ' J.
.~ . .:'~~~:-- ". .,..__,;- <f:, 'V"I'.
~ '-if" ,,',' ':;. /c::l
~'::::_~.~"'~C^..
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Date: 4/23/2009
Requesting Department: PW/Engineering
Contact Person: Kevin Ramsey
Explanation for Purchase:
Relocation, Set up and service for 911 equipment for the emergency dispatch control room at Fire
Station #5
I Recommended Vendor A T & T
IOoli'ar Amount of Purchase $10,078.00
Source for Purchase (check and attach backup materials):
Three Written Quotations D GSA D
State Contract D PRIDE/RESPECT D
SNAPS D Sole Source D
Piggy-Back D Budgeted Item D
Emergency Purchase D Other Ix I
Contract Number:
NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract.
Fund Source for Purchase:
304-4123-580-62-01 CP0720
Approvals:
Department Head
Purchasing Agent
Asst City Manager
City Manager
Form Revised 02/01/02
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
.DOR 3876
TO: ITT FLYGT
1730 W. 10TH STREET
RIVIERA BEACH, FL 33404
P.O. #: 091018
DATE: 05/06/09
SHIP TO:
City of Boynton Beach
EAST UTILITY ADMIN
124 E. WOOLBRIGHT ROAD
BOYNTON BEACH, FL 33435
REQUISITION NO.
ORDERING DEPARTMENT: UTILITIES ADMIN
HS
INQUIRIES REGARDING
PURCHASE ORDER CALL
(561)742-6310
49056
DA TE NEEDED:
I COMMISSION APPROVED:
BID NO:
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
1
1.00 EA KIT, O-RING NITRILE 6X5 C
VENDOR ITEM NO.- 830594
2
1.00 EA BEARING ROLLER CYL SNGL ROW
VENDOR ITEM NO. - 824633
3
1 . 00 EA B~W~St u:l;!1-\LJJl\NG CONT SNGL ROW
VE:NJ:)t)~:rTEM NO.- 833616
1.00 EA SEAL. MECHANICAL WCCR/WCCR
VENbOR ITEM NO.- 6179901
4
5
1.00 EA SEAL MECHANICAL WCCR/WCCR
VENDOR ITEM NO.- 3377911
6
1.00 EA BEARING ROLLR UNIT SNGL ROWCYL
VENDOR ITEM NO.- 6643300
7
1.00 EA :r:M1?:ii,:LLER C 460MM CI 3231
VENPOR ITEM NO.- 6211000
8
1 . 00 EA Rlr:qC,;, GUIDE CI
vENDOR ITEM NO.- 6311000
9
1.00 EA DETECTOR, LEAK UNIT FLS
VENDOR ITEM NO.- 5188902
10
1.00 EA MAT'L, LUBES, SOLVENTS-LARGE
PUMP
VENDOR ITEM NO.- 1400000699802
11C
1. 00 EA
ENVIRONMENTAL FEE >50HP
PURCHASING
UNIT COST
, EXTENDED
COST
209.0000
209.00
177.0000 177.00
766.0000 766.00
,2160.0000 2160.00
1887.0000 1887.00
380.0000 380.00
4604.0000 4604.00
2697.0000 - 2697.00
163.0000 163.00
58.0000 58.00
65.0000
65.00
P.O. TOTAL:
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
ATE:
VENDOR 3876
~;~{I? TO:
TO: ITT FLYGT
1730 W. 10TH STREET
RIVIERA BEACH, FL 33404
(~l 'eil of Boynton Beach
EAST UTILITY ADMIN
124 E. WOOLBRIGHT ROAD
BrJYNTON BEACH, :<'L 33435
REOUISITION NO.
49056
ORDERING DEPARTMENT: UTILITIES ADMIN
HS
,f\ ~ J r \
f',
I
I
DATE NEEDED:
BID NO:
r COMMISSION APPROVED:
LINE#
QUANTITY DOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COST
12
11.00 EA LABOR, SERVICE-WEST PALM BEACH
VENDOR ITEM NO.- 1400000699940
72.0000
792. G
REMARKS:
To PEepai:t a 110 hp FLYGT Pump for Master Lift
stat.ion ;356.
PROCUREMENT SERVICES:
P.O. TOTAL:
13958. OC) i
--I
ACCOUNT NO.
401-2816-536.46-51
PROJECT
13958,00
PURCHASING
,'r~;;:-Y-~~ ,~-
" .
, "-
-" .' '\
.". i-
~ "H .' ."'...
< (";- \- //~~'
.- . ;,;~- (j N' ~~ ~:~>.
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Date: 22-Apr-09
Requesting Department: Utilities/Wastewater
Contact Person: Jim Hart
Explanation for Purchase:
Repair a 110 hp pump at Master Station # 356.
I Recommended Vendor ITT Flygt
IDollar Amount of Purchase $13,958.00
Source for Purchase (check and attach backup materials):
Three Written Quotations D GSA D
State Contract D PRIDE/RESPECT D
SNAPS D Sole Source D
Piggy-Back D Budgeted Item D
Emergency Purchase D Other D
Contract Number:
NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract.
Fund Source for Purchase:
401-2816-536-46-51
Approvals:
Department Head
Purchasing Agent
Asst City Manager
~ity Manager
~
Date
Date
Date
Date
+~1 0-04
V 1.I.\.,;?t\.dJt..
Form Revised 02/01/02
([G." ""','-,,_,,0,''''',,'\;
ill " , , J:r:
0, 11..1
;..'" ' _/'~'"
""0 N <;>
VI.-CONSENT AGENDA
ITEM E.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
D April 21, 2009 April 6, 2009 (Noon) IZI June 16, 2009 June I, 2009 (Noon)
D Mav 5,2009 April 20, 2009 (Nool1) D Julv 7, 2009 June 15, 2009 (Noon)
D Mav 19,2009 May 4, 2009 (Noon) D Julv 21, 2009 Julv 6,2009 (Noon)
D June 2, 2009 May 18, 2009 (Noon) D August 4, 2009 July 20,2009 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM IZI Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Motion to approve the return of the balance of a performance bond (in the amount of$352,000)
for the Gateway Boulevard widening to a six lane divided roadway, from Renaissance Boulevard eastward to High Ridge
Road.
EXPLANATION: Per the attached e-mail, the developer of the Boynton Town Center (the Sembler Company), has
completed the one-year warranty period for the construction of widening of Gateway Boulevard, from Renaissance Boulevard
to High Ridge Road. This widening project was a phased development of the supporting roadway network required to
support the said Boynton Town Center commercial development and the future residential development to follow.
PROGRAM IMPACT: The original Performance Bond was in the amount of$1,760,000. This was reduced by 80% (to
$352,000) at the November 18,2008 City Commission meeting, just to allow for final wrap up of the resurfacing, which was
completed by the end of the calendar year.
FISCAL IMPACT: N/A
ALTERNATIVES: None. The construction project was accepted as completed on January 1, 2008, The one-year warranty
period for the construction as been satisfied.
/l
. (
ignature
m~
City Manager's Signatu!J.L
Assistant to City Manager ~
/
I
\.,.."
Public Works / Engineering Division
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
Livergood. Jeffrey
From: Mike Hagan [Mike.Hagan@sembler.com]
Sent: Thursday, May 21,20095:37 PM
To: Kelley, David
Cc: Mike Hagan; Livergood, Jeffrey
Subject: RE: 1950 Congress Ave, LLC - Gateway / Congress bond release
Mr, Kelley.
I am writing to follow up on the request issued by Brad Jacobs (see below) back in August, 2008 for a full release of the
Gateway/Congress Performance Bond. I don't seem to have record of a written response to that request, but Brad Jacobs had
indicated in his notes that the City (I believe Angie Michael?) responded that the bond needed to remain in place for a one year
maintenance period. It is my understanding that the City was looking for the year to start at the time of the City's sign off of the
work, which was issued per the attached document on 1/11/08.
Can you advise on what steps need to be taken to now fully release this bond?
Thanks,
MICHAEL HAGAN
DIRECTOR OF DEVELOPMENT
404.847,18001 M 404.414.85441 FAX 404.847.1818
MIKE.HAGAN@SEMBLER.COM
----- '-
~I
From: Brad Jacobs
Sent: Thursday, August 07, 2008 9:24 AM
To: 'David Kelley (kelleyd@ci.boynton-beach.fl.us)'
Cc: Mike Hagan; Sara Cornish
Subject: 1950 Congress Ave, LLC - Gateway / Congress bond release
Mr. Kelley:
Please see attached correspondence in regards to bond posted by 1950 Congress Ave, LLC for the Gateway! Congress roadway
improvements. Hardcopy to follow via fax.
Thank you,
BRAD JACOBS
PROJECT MANAGER
0404.847.1800 I F 404.847,18181 M 404.216.7011
BRAD.JACg_El~@SEMBLER.COM
iXl
c:. It: l"lnno
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOAAl
VI.-CONSENT AGENDA
ITEM F.
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
o A ri121, 2009
o 5,2009
o 19,2009
o June 2, 2009
IZI June 16, 2009
o
o Jul
o st4,2009
Jul
Jul
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM IZI Consent Al!:enda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Authorize the use of $1,000 from Vice Mayor Hay's Community Investment Fund to
assist the Museum of Lifestyle & Fashion History with renovations, construction and preparation of exhibits and
educational programs scheduled for display in the Boynton Beach Mall by the end of July 2009.
EXPLANATION: Commission approval is requested for allocation of $1,000 from Vice Mayor Hay to the
Museum of Lifestyle and Fashion History in order to prepare the Boynton Beach Mall space for occupancy by
the end of July 2009.
PROGRAM IMPACT: Allocation of funds will assist the above program.
FISCAL IMPACT: (include Account Number where funds will come from) 001-1110-511-95-47
Funds are budgeted to these types of activities. Each Commissioner has $10,000 in Community Investment Funds
to allocate subject to Commission approval.
ALTERNATIVES: Decline to authorize the requested use.
Department Head's Signature
~
City Manager's Signature
Public Affairs
A"islant"' City M'j ~
City Attorney ! Finance
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: June 8, 2009
Requested by Mayor/Commissioner: Vice Mayor Hay
Amount Requested: $1,000.00
Recipient/Payee: Museum of Lifestyle & Fashion History.
Description of project, program, or activity to be funded: to assist the Museum of Lifestyle &
Fashion History with renovations, construction and preparation of exhibits and educational programs
scheduled for display in the Boynton Beach Mall by the end of July 2009.
Dated: ~/ J!b /
B . '.A -' . / /,. . .
y. / I / )L>/' . L "L L
,. ,/
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000.00. $5,700.00 has been used to date by the requesting Member,
leaving a balance of available funds of $4,300.00. This request would bring the available
amount down to $3,300.00.
Accordingly:
CJ There are funds available as requested
CJ There are insufficient funds available as requested.
Dated:0/fft'1__ BY~t<J' Ii j)
( r Finance Director
Part 111- Eligibility Evaluation (to be completed by City Manager)
CJ The proposed expenditure of funds will not result in improvement to private
property;
D"" The recipient/payee provides services within the City of Boynton Beach:
CJ The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
q/Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
')
Dated:
'-'
<v -'6 -0~.1
By:
l /7
4\A1JjJ\.~-<---\...
City Manager
S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05.
06.doc
Mus e u m 0 f L i f est y I e & F ash ion His tor y fTlr. i
P.O. Box 6127, Delray Beach, FL 33482 . Phone: (561) 243-2662 - Fax: (561) 243-9916 ~/=i4, ~'
Email: info@mlfhmuseum.org www.mlfhmuseum.orgL..llilLILJ!
,t..AVSEUM. OF LlFaiVUr &
June 5, 2009
Mayor & Commissioners
City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Dear Mayor, Commissioners and City Manager:
This letter is being sent to request your support of the Museum of Lifestyle & Fashion History which is being
donated 8,000 square feet of space at the Boynton Beach Mall in Boynton Beach, Florida.
Your consideration of a donation from your commission discretionary fund would greatly appreciated.
The owner of the Boynton Beach Mall has made an in-kind donation of the space for the Museum's occupancy.
However, the space is in need of minor renovations of the restrooms and the construction of exhibition walls as
well as painting before the Museum can open to the public, Funding and/or donation of material and labor are
~ded. Also, funding is needed for the exhibits and educational programs that are being scheduled for display
..1 the space. The initial funds that are need to be raised is approximately $22,000 in order to get the space
ready for the Museum to occupy by the end of July.
Year 2009 marks the tenth anniversary of the Museum of Lifestyle & Fashion History. This non-profit is also
the only Museum in Palm Beach County that is approved to host traveling exhibitions from the Smithsonian
Institution of Washington. D.C. Therefore, in order for the Museum to meet the criteria to host certain
traveling exhibitions, the minor renovations are a necessity.
The Museum of Lifestyle & Fashion History also offers numerous outreach programs to children and has a
partnership with the Mathematics Department of the School District of Palm Beach County. The math program
consists of the infusion of mathematics into cultural arts exhibits, architectural design and interior design with
math applications such as counting, measurement, addition, subtraction and spatial relations.
Thank you so much for your time and consideration. If you have any questions or need additional information,
I can be reached at 561-243-2662 or e-mail: Durante@MLFHMUSEUM.org.
Sincerely,
"'ri J. Durante, Executive Director/Chief Curator
~useum of Lifestyle & Fashion History
Enclosure:
Page 1 of 2 - Museum of Lifestyle & Fashion History - Request to City of Boynton Beach
Museum of Lifestyle & Fashion History
P.O. Box 6127
Delray Beach, Florida 33482
Phone: 561-243-2662
Fax: 561-243-9916
MLFHMUSEUM.org
Line item of estimated Expenses for the minor renovations of the 8.000 square feet of space
General Contractor Services to pull permit: In-kind Donation already obtained
City of Boynton Beach Permit Fees: $500.00 (based on value of job at 2.300)
Architectural Services $1 AOO.OO (discounted rate already confirmed)
Electrical: $2,000 (discount hope to be negotiated)
Plumbing: $2,000 (discount hope to be negotiated)
Restroom renovations (to replace decaying and broken fixtures): $2,000 (discount hope to be negotiated)
. ncluding labor at discounted/donated rate)
Construction of permanent exhibition walls (supplies, labor): $5,000 (discount hope to be negotiated)
Installation/Set-up Phone system: $1,000
Installation of security system (camera & sound): $3,500
Furnishings for exhibit, education area & admissions counter: $5,000 (if some items are donated as requested)
Total: $22.400.00
Page 2 of2 - Museum of Lifestyle & Fashion History - Request to City of Boynton Beach
Page J of2
Kendall, Kimberley
From:
Welsh, Pam
Monday, June 08,200910:00 AM
Kendall, Kimberley
FW: Hi Comm. Hay - This request was sent to Mr. BressnerFwd: Commissoner's
Discretionary Fund
Attachments: MLFH - Boynton City Commissioners - Discrectionary fund request.doc
Sent:
To:
Subject:
Please prepare paperwork to place on 6/16 Commission meeting.
Thanks
!Jam Wef.6ft
l1.dmini6tw.t.iu.e ~6i6tant
em; ...Hanag.u'" 19fJ.ia
S61-742.6013
wd,fip@M{L~
From: Bressner, Kurt
Sent: Monday, June 08,20099:46 AM
To: Welsh, Pam
Subject: FW: Hi Comm. Hay - This request was sent to Mr. BressnerFwd: Commissoner's Discretionary Fund
Please add to the agenda for 6/16.
Kurt Bressner, City Manager City of Boynton Beach, 100 E. Boynton Beach Blvd. P.O. Box 310,
Boynton Beach, FL 33425-0310 (561)-742-6010 (office) or (561) 436-2328 (cell) http://www.bovnton-
Qt<al;p.grg
~~__~~_~..m'-,..........,__~",,,,,,~~_~_._~,~_~y.__~..,.~_.,.~__~,,~.,~_ ~""-",-"'''''''-~'''''''''~-~_'.'''''~_''''Y'Y'''''''''''.~'''m.....,.,....____~.,......._.......,_~..._W'__~W'"'_"".____~_~,___,y",_,_",,,,,,,,,,,,,.,_,,_,,,,,,,",_--.,..,,-,,,,,,",,_
From: Hay, Woodrow
Sent: Monday, June 08, 2009 8:49 AM
To: Bressner, Kurt
Subject: FW: Hi Comm. Hay - This request was sent to Mr. BressnerFwd: Commissoner's Discretionary Fund
Good Morning Kurt,
I wish to contribute $1,000.00 of my discretionary funds to this cause, The Museum of Lifestyle
& Fashion History... I think the mall would be a great location for them...
Vice Mayor W. L. Hay
_y___~m,...._.......,~_.._.~,....,_._....._.,..._._.,.....,_,",_y.~._.y..~..,~..,.,_'~_m'~,"w'~,,^,_""'_~.__,.,__.,..,.___..,.,.....,.._~,.........,.....,_ .~..",~.c,.... . ."'.,..,.,....mm_._.,___,._~__,w.~__~._'.,.,.....,.....ny~_"'_~.._....,..,..,..",....~~~.__'~'m'~~_.~~.
From: Lori J. Durante [mailto:durante@mlfhmuseum.org]
6/8/2009
VI.-CONSENT AGENDA
ITEM G.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Fonn Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
0 A ril21, 2009
0 Ma 5,2009
0 Ma 19,2009
0 June 2, 2009
t8J June 16, 2009
o 7,2009
21,2009
Jul
Jul
0 Announcements/Presentations 0 City Manager's Reoort
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM t8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Authorize the use of $750 from Commissioner Ross' Community Investment Fund to
assist the Museum of Lifestyle & Fashion History with renovations, construction and preparation of exhibits and
educational programs scheduled for display in the Boynton Beach Mall by the end of July 2009.
EXPLANATION: Commission approval is requested for allocation of $750 from Commissioner Ross to the
Museum of Lifestyle and Fashion History in order to prepare the Boynton Beach Mall space for occupancy by
the end of July 2009.
PROGRAM IMPACT: Allocation of funds will assist the above program.
FISCAL IMPACT: (include Account Number where funds will come from) 001-1110-511-95-47
Funds are budgeted to these types of activities. Each Commissioner has $10,000 in Community Investment Funds
to allocate subject to Commission approval.
AL TERNA TIYES: Decline tn .nthon,e the requested use. -.U
Department Head's Signature City Manager's Signature
Public Affairs
Assistant to City Manager t-i
2lfl {-
City Attorney /Finance
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: June 9, 2009
Requested by Mayor/Commissioner: Commissioner Ross
Amount Requested: $750.00
Recipient/Payee: Museum of Lifestyle & Fashion History.
Description of project, program, or activity to be funded: to assist the Museum of Lifestyle &
Fashion History with renovations, construction and preparation of exhibits and educational programs
scheduled for display in the Boynton Beach Mall by the end of July 2009.
Dated: ,:,/c; /t'l
I f
B Y:7f/;t} ( . .'t ,/ c[[ <-~,
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000.00. $6,400.00 has been used to date by the requesting Member,
leaving a balance of available funds of $3,600.00. This request would bring the available
amount down to $2,850.00.
Accordingly:
~ There are funds available as requested
o There are insufficient funds available as requested.
BY~+J-,Q
Dated:
tb II/loCI
I ,
Finance Director
Part 111- Eligibility Evaluation (to be completed by City Manager)
:J The proposed expenditure of funds will not result in improvement to private
property;
P/ The recipient/payee provides services within the City of Boynton Beach;
if The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
~Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
)
Dated:
C' . I:;
(:;- (; - L I
~ /1
By: .' !klv{}t
Ity Manager
S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
Museum of Lifestyle & Fashion History
P.O. Box 6127, Delray Beach, FL 33482 - Phone: (561) 243-2662 - Fax: (561) 243-9916
Email: info@mlfhmuseum.org www.m/fhmuseum.org
.
~
~
:t
r
;
11.
t..Aur.<<lN or l~~tYLI!' &
June 5, 2009
Mayor & Commissioners
City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Dear Mayor, Commissioners and City Manager:
This letter is being sent to request your support of the Museum of Lifestyle & Fashion History which is being
donated 8,000 square feet of space at the Boynton Beach Mall in Boynton Beach, Florida.
Your consideration of a donation from your commission discretionary fund would greatly appreciated.
The owner of the Boynton Beach Mall has made an in-kind donation of the space for the Museum's occupancy.
However, the space is in need of minor renovations of the restrooms and the construction of exhibition walls as
well as painting before the Museum can open to the public. Funding and/or donation of material and labor are
eded. Also, funding is needed for the exhibits and educational programs that are being scheduled for display
_.< the space. The initial funds that are need to be raised is approximately $22,000 in order to get the space
ready for the Museum to occupy by the end of July.
Year 2009 marks the tenth anniversary of the Museum of Lifestyle & Fashion History. This non-profit is also
the only Museum in Palm Beach County that is approved to host traveling exhibitions from the Smithsonian
Institution of Washington. D.C. Therefore, in order for the Museum to meet the criteria to host certain
traveling exhibitions, the minor renovations are a necessity.
The Museum of Lifestyle & Fashion History also offers numerous outreach programs to children and has a
partnership with the Mathematics Department of the School District of Palm Beach County. The math program
consists of the infusion of mathematics into cultural arts exhibits, architectural design and interior design with
math applications such as counting, measurement, addition, subtraction and spatial relations.
Thank you so much for your time and consideration. If you have any questions or need additional information,
I can be reached at 561-243-2662 or e-mail: Durante@MLFHMUSEUM.org.
Sincerely,
. ,ri J. Durante, Executive Director/Chief Curator
.useum of Lifestyle & Fashion History
Enclosure:
Page 1 of 2 - Museum of Lifestyle & Fashion History - Request to City of Boynton Beach
Museum of Lifestyle & Fashion History
P.O. Box 6127
Delray Beach, Florida 33482
Phone: 561-243-2662
Fax: 561-243-9916
MLFHMUSEG"M.org
Line item of estimated Expenses for the minor renovations of the 8.000 square feet of space
General Contractor Services to pull permit: In-kind Donation already obtained
City of Boynton Beach Permit Fees: $500.00 (based on value of job at 2.3%)
Architectural Services $1,400.00 (discounted rate already confirmed)
Electrical: $2,000 (discount hope to be negotiated)
Plumbing: $2,000 (discount hope to be negotiated)
Restroom renovations (to replace decaying and broken fixtures): $2,000 (discount hope to be negotiated)
'ncluding labor at discounted/donated rate)
Construction of permanent exhibition walls (supplies, labor): $5,000 (discount hope to be negotiated)
Installation/Set-up Phone system: $1,000
Installation of security system (camera & sound): $3,500
Furnishings for exhibit, education area & admissions counter: $5,000 (if some items are donated as requested)
Total: $22.400.00
Page 2 of2 - Museum of Lifestyle & Fashion History- Request to City of Boynton Beach
VI.-CONSENT AGENDA
ITEM H.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
0 A ril 21, 2009
0 Ma 5,2009
0 Ma 19,2009
0 June 2, 2009
[gI June 16, 2009
7,2009
Jul
21,2009
Jul
0 AnnouncementslPresentations 0 City Manager's Report
NA TURE OF 0 Administrati ve 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Authorize the use of $500 from Commissioner Ross' Community Investment Fund to
assist Poinciana Elementary Magnet School provide special programs for the students.
EXPLANATION: Commission approval is requested for allocation of$500 from Commissioner Ross to
Poinciana Elementary Magnet School to provide special programs such as Odyssey of the Mind and Lego
Robotics to increase academic development.
PROGRAM IMP ACT: Allocation of funds will assist the above program.
FISCAL IMPACT: (include Account Number where funds will come from) 001-1110-511-95-47
Funds are budgeted to these types of activities. Each Commissioner has $10,000 in Community Investment Funds
to allocate subject to Commission approval.
AL TERNA TI~:;;;O authorire the requested use.
Department Head's Signature
~g",S Signatu"
Public Affairs
Assistant to City Manager
~jJ2
City Attorney / Finance
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: June 9,2009
Requested by Mayor/Commissioner: Commissioner Ross
Amount Requested: $500
RecipientlPayee: Poinciana Elementary Magnet School.
Description of project, program, or activity to be funded: to assist Poinciana Elementary
Magnet School provide special programs for the students including Odyssey of the Mind and Lego
Robotics.
Dated: [If /0 7'
I '
By:)'\
I ./ ,
I\/J'-t C .t C (
I ,)
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000.00. $7,150.00 has been used to date by the requesting Member,
leaving a balance of available funds of $2,850.00. This request would bring the available
amount down to $2,350.00.
Accordingl y:
~ There are funds available as requested
o There are insufficient funds available as requested.
Dated 6/Q/of By :J- ~ ;J--.Q
Fmance DIrector
Part 111- Eligibility Evaluation (to be completed by City Manager)
Dated:
~. The proposed expenditure of funds will not result in improvement to private
property;
~ The recipient/payee provides services within the City of Boynton Beach;
o The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
o-1>roper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated pUjose.
{ .,' /_.,
(0- f).- 0 '1 By:_~1<(,J01---'"
City Manager
S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005.2006\BLANK FORM REVISED05.
06.doc
Poinciana Elementary Math/Science/TeChnology Magnet SChool
..'
.~ .-.. :...". ...... r;'J:"':"+..!.a~'!:l~!.~3~~I~,,~~t:'f:~.=~'1\.;,,..,k..
~-"" :. ...;1'o;.:t<_:;Irt............,~'1"~~~1..-:..;;:~~.~1'..:rr!t~.
;.;:.~"....:.1..,.... ~ . ".' . '.. _: ..-..," , -..;;J'" :J'~" .~~':~~..i~:~ ~
.-,
f~~~
it';;
May 20, 2009
Mr. Kurt Bressner
City Manager
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Bt:a~h, FL 33425-0310
...~. .". "P,. . ...._........
RECEIVED
MAY 2 9 2009
CI1Y ~~t:\f.!!~Gr.P'S o ~['If'r.:
\i ~:.~J\;.". li-1\' 'I i n.l1....
~-
F. .
1"-
,. .
>:.i i
n,....'......__.'(. 't
;.i +,1' ....
,;' "~'-;~.r."n~.~~~llioA:~'~~';;.:)':'.r.'_"'1!F'..r
Re:
Discretionary Funds
Dear Mr. Bressner:
At the request of Commissioner Marlene Ross I am writing to request that you consider Poinciana Elementary as a
recipient for discretionary funds that may be available. Under separate cover you should be receiving correspondence
"rom Steve Waldman confirming this request.
Poinciana Elementary Magnet School is a unique school that offers educational opportunities to increase academic
development in the areas of science, math and technology. Students participate in a science centered, interdiscipli-
nary curriculum that integrates all other subject areas, such as reading, writing, mathematics, and social science.
Poinciana offers high quality, student centered, hands-on-Ieaming. In addition students utilize the Planetarium,
Computer Lab, Science Lab and the Technology Lab to achieve high academic performance.
With the available discretionary funds, Poinciana Elementary would be able to continue the special
programs provided by our Magnet school for the students. These special programs include:
* Odyssey of the Mind (Poinciana won at the World Competition two years in a row)
* Lego Robotics
Thank you in advance for your support which will help us as educators to enrich the lives of students in Palm Beach
County .
. .
Principal, Peter T. Slack
Assistant Principal, Trevor Roberts
1203 N. Seacrest Boulevard - Boynton Beach, FL 33435
Phone: (561) 739-5700 - Fax: (561) 739-5750
City of
Boynton Beach
Education and Youth
Advisory Board
Stephen Waldman
Chair
Mary Morera
Vice Chair
Paulette Ford
Board Member
Carol Lundquist
Board Member
Hattie Miller
Board Member
Lesha Roundtree
Board Member
Lori Wilkinson
Board Member
Jose de la Torre III
Alternate
Robert Chiste
Student Board Member
Lisa Pierre
Student Board Member
The Education and Youth
Advisory Board exists to act
as a fact-finding and advisory
board on all issues pertaining
to the youth of the Boynton
Beach Community.
May 15,2009
Kurt Bressner, City Manager
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425-0310
Dear Kurt,
!fD) ~ ~ ~ a \vi ~ .
IfrUJ MAY I 5 2009 ~
CITY MANAGER'S OFFICE
, It"',..,
~....,:,:?
. !)..."\ (I...
-"""'1<' Jj;.,
I am writing to support the request for discretionary funds from
Commissioner Ross for Poinciana Elementary School. Poinciana is a
math, science and technology school which has exceptional programs
including the Odyssey of the Mind International Program, the Lego
Technology Program and the Lego Chess Program. These are
outstanding programs with brilliant teachers. I know that they will use
any funds to enhance the education of the children.
~ ttld:k~
Steve Waldman, Chair
Education & Youth Advisory Board
100 E. Boynton Beach Blvd., P.O. Box 310, Boynton Beach, FL 33425, (561) 742-6000
Staff Report - Seacrest Garden Office Building (MSPM 09-004)
Memorandum No PZ 09-024
Page 2
BACKGROUND
Proposal:
Mr. Jose Aguila is requesting major site plan modification approval for the
construction of a 14,206 square foot addition to an existing 1,693 square foot
building, for a total of 15,899 square feet, on the site of an existing one story
dentist office on South Seacrest Boulevard. The proposed new two-story building
would consist of understory parking with two floors of offices above, while the
existing building will be slightly renovated to match.
ANALYSIS
Concurrency:
Traffic: The City is awaiting the traffic concurrency approval letter from the Palm Beach
County Traffic Division. No building permits will be issued until receipt of
concurrency approval from Palm Beach County (see Exhibit "c" - Conditions of
Approval).
Drainage: Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual information to be adequate and is
recommending that the review of specific drainage solutions be deferred until time
of permit review (see Exhibit "e" - Conditions of Approval).
School: School concurrency is not required for this type of project.
Driveways: This project has an existing two-way driveway opening on South Sea crest
Boulevard which will be widened to 25 feet, in order to accommodate the larger
project.
Parking Facility: Required parking calculations for office projects are based on the following ratios:
for general office, one (1) parking space is required for each 300 square feet of
gross floor area, for medical office, one 1 space per 200 square feet of gross floor
area is required. The applicant proposes to provide a mix of general office and
medical office space (especially with the proximity to Bethesda Hospital), which
equates to 6,899 square feet of general office and 9,000 square feet of medical
office. Based upon these square footages, 23 spaces would be required for the
general office and 45 spaces for the medical. Therefore, the building will require a
total of sixty-eight (68) parking spaces. The site plan (Sheet A1) indicates that
sixty-eight (68) parking spaces are being provided, six (6) of which are designated
handicap. A total of seventeen (17) parking spaces are being provided underneath
the building footprint. As a condition of approval, staff will require the applicant to
maintain a parking tabulation with each tenant and their parking requirement.
Anytime a tenant applies for a business tax (license) to locate in the building, an
updated copy will need to be submitted with their application (see Exhibit "C" -
Conditions of Approval).
Landscaping: The site plan tabular data (Sheet LP-1) indicates that the size of the proposed open
space or "pervious" area would be 21 % of the site. The tabular data also notes that
80% of the trees and 66% of the shrubs and groundcover are native. The property
line fronting Sea crest Boulevard will be enhanced with a seven (7) foot wide
Staff Report - Seacrest Garden Office Building (MSPM 09-004)
Memorandum No PZ 09-024
Page 3
landscape buffer, which includes Orange Geiger and Eastern Red Cedar trees, as
well as Oldham Bamboo, Red Tip Cocoplum shrubs and Beach Dune Sunflower.
The north property, adjacent to the professional offices, is designed with a five (5)
foot buffer, and includes the planting of Madagascar Olive trees and Red Tip
Cocoplum shrubs. The southern landscape buffer is proposed to be slightly more
than six (6) feet in width, with a six (6) foot concrete wall to help screen and buffer
the abutting single-family homes. Since there are existing overhead lines in an
easement along this property line, the applicant is following FPL guidelines for
planting proper trees and proposes to utilize Silver Buttonwood and Orange Geiger
trees, Red Tip Cocoplum shrubs and Sand Cordgrass. Because the office building
and parking area are integral along the south fa<.;ade, there is not an opportunity to
provide foundation plantings to help screen the building from the residents to the
south. The applicant has proVided a cross-section detail (sheet entitled
"Elevations") depicting the view from the backyards of abutting homes, which
shows the line of sight with the six (6) foot wall and twelve (12) foot trees above
the wall, effectively screening the view of the building. The applicant has also
initiated discussions with several of these property owners about the potential
placement of landscape in their rear yards to assist with the buffering. Staff
recommends that the applicant plant additional Silver Buttonwood trees along the
entire southern buffer to close any gaps between the other trees depicted along
this boundary on the proposed landscape plans, in order to form a dense landscape
barrier (see Exhibit "c" - Conditions of Approval).
Building and Site: The building and site design as proposed would generally meet code requirements
when staff comments are incorporated into the permit drawings. The new office
building would total 14,206 square feet, which includes understory parking and 694
square feet of lobby, elevator and stairwell space on the ground floor. The second
floor consists of 7,300 square feet, which is preliminarily divided into five (5) tenant
spaces, dependent upon the individual tenant demand. The third floor consists of
6,212 square feet, and divided into five (5) tenant spaces. The existing one story
dentist building is 1,693 square feet and is currently occupied.
The new office building is proposed with a roof deck of 29'-11", which complies
with the maximum height allowed in the C-1 (Office Professional) district of 30 feet.
The parapet is depicted as extending 3'- 6" above the roof deck, well within the five
(5) foot allowed by code. The proposed office building is depicted with a 60 foot
front setback, a 10 foot setback against the professional office to the north, a 48.5
foot setback from the residential to the south and approximately 147 feet from the
residential to the east, all of which meets or exceed code minimums. The existing
dentist office also meets the setback requirements.
Design: The proposed building is designed in a modern style, with very clean lines. The
architect proposes wraparound eyebrow features, suspended by stainless steel
cables, a smooth stucco finish painted a classic white, and blue-green impact glass.
The architect has also designed large balconies on the second and third floors, with
a post and cable railing system, which again furthers the modern, streamlined
building form. These balconies are proposed with large planters, with the intent of
the outdoor area serving as a meditative/contemplative place to relax. The existing
building has much the same architectural style, including the concrete eyebrow
Staff Report - Seacrest Garden Office Building (MSPM 09-004)
Memorandum No PZ 09-024
Page 4
features and will be painted to match the new building. There is no established
design theme in the area and the architect has proposed a structure with character
and one that compliments and enhances surrounding buildings.
Signage: The existing site signage will be removed and a new monument sign will be
erected. Staff recommends the sign be designed to match the style of the building
and be placed to screen existing utility equipment in the front setback (see Exhibit
"C" - Conditions of Approval). No signage is proposed to be placed on the new
building.
Public Art: The applicant is responsible for compliance with the Art in Public Places
requirements. There have been several discussions been the applicant and the
Public Arts Administrator. One concept is to incorporate the art into the balconies,
but this has not been resolved at the time of staff report preparation. Final details
will likely be worked out at time of permitting (see Exhibit "C" - Conditions of
Approval).
RECOMMENDATION:
The Technical Advisory Review Team (TART) has reviewed this request for major site plan modification
and is recommending approval contingent upon satisfying all comments indicated in Exhibit "C" -
Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be
documented accordingly in the Conditions of Approval.
S:\Planning\SHAREDlWP\PROJECTS\SEACREST GARDENS\MSPM 09-004\Staff Report.doc
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NATIVE PLANT MATERIAL DATA
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LANDSCAPE NOTE.
ALL UTILITY BOXES OR STRUCTURES (NOT CURRENTL Y
KNOWN OR SHOWN ON THE PLAN) SHALL BE SCREENED
WITH COCOPLUM ON THREE (3) SIDES.
!RRIGATION NOTES
110% IRRIGATION SHALL BE PROVIDED
TURF AND LANDSCAPE AREAS SHALL BE ON SEPARA IE
ZONES AND TIME DURATIONS FOR WATER
CONSERVATION
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EXHIBIT "C"
Conditions of Approval
Project name: Seacrest Garden Office Building
File number: MSPM 09-004
Reference: 2nd review plans identified as a Major Site Plan Modification with an April 21, 2009 Planning &
Z d k'
ontng ate stamp mar mg.
I DEP ARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments:
1. In regards to the Bambusa Oldhamii (Giant Timber Bamboo) line of sight X
may become a problem as bamboo spreads as it grows, especially the
southwestern one, which may be problematic. If the applicant chooses to
retain this material, install a root barrier to ensure the plant material does not
encroach into the required line of sight. The applicant will have to ensure
maintenance to preserve sight lines.
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
2. Please provide a timeline that clearly illustrates when water and sewer X
services will be required to serve the proposed project. Your starting date for
the time line should be the date of City Commission approval. Also provide
milestone dates for permit application, the start of construction, and the
setting of the first water meter. This time line will be used to determine the
adequacy of water and wastewater treatment capacity for your project upon
the project's completion, so please be as accurate as possible.
3. Utility construction details as shown on sheets C6.1 thru C6.3 will not be X
reviewed for construction acceptability at this time. All utility construction
details shall be in accordance with the Utilities Department's "Utilities
Engineering Design Handbook and Construction Standards" manual
(including any updates) and will be reviewed at the time of construction
permit application.
FIRE
Comments: None X
Conditions of Approval
1
I - I ! '~o="il
DEP ARTMEl\TS INCLuDE :i
I I REJECT II
I
! i !I
I -.~I
POLICE i
:
Comments: None X I Ii
i c=li
i
ENGINEERING DIVISION I
i I
I 'f
Comments: i i
4. Paving, drainage and site details will not be reviewed for construction ! X !
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards" I'
and will be reviewed at the time of construction permit application. !I
I ii
i ! ;1
I I,
"
BUILDING DIVISION I i il
I I II
"
Comments: i !i
I'
'I
5. Please note that changes or revisions to these plans may generate additional X I ,I
I:
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.
I i
6. Buildings, structures and parts thereof shall be designed to withstand the I X i
minimum wind loads of 140 mph. Wmd 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. II
7. A water-use permit from SFWMD is required for an irrigation system that X ii
utilizes water from a well or body of water as its source. A copy of the
permit shall be submitted at the time of permit application, F.S. 373.216.
i
8. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
A) The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
B) The 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)
9. Pursuant to approval by the City Commission and all other outside agencies. X
the plans for this project must be submitted to the Building Division for
I reVIew at the time of permit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
DEPARTMENTS INCLUDE REJECT
10. Show the separation distance between the existing building and the new X
building walls. Comply with FBC table 704.8.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments:
II. Existing Vegetation Schedule (page DT-l of 1) Tree Management Plan X
At time of permit, the applicant shall relocate not remove:
. Tree #& [18"Saba1 Palmetto] and
. Tree #20 [ II" DBH Cocos Nucifera 'Maypan' Coconut Palm] on
the list to another location on the site.
Environmental Regulations, Chapter 7.5, Article I Sec 7. D.p.2.]
12. At time of permit, the following trees shown to be removed, should be X
mitigated with replacement trees on the site and shown with a separate
symbol on the landscape sheet LP-I of 2.
NO. DBH COMMON NAME TYPE ACTION
1 10" Norfolk IsI Pine tree mitigate with new
2 48" Earleaf Acacia tree mitigate with new
3 16" Plum tree mitigate with new
4 4" Loquat tree mitigate with new
5 8" Plum tree mitigate with new
6 16" Plum tree mitigate with new
11 1.5" Carrotwood tree mitigate with new
12 1.5" Carrotwood tree mitigate with new
33 10" Queen Palm tree mitigate with new
43 8" Garcinia tree mitigate with new
123" total DBH mitigation required for the site.
13. Page LP-l of 2: Plant Schedule note on bottom X
· 1 Yellow Elder tree must be planted on each side of entrance
[Bamboo will not meet requirements of City Signature tree]
PLANNING AND ZONING
Comments:
14. On Sheet L 1, the planting scheme along the south property does not provide X
for a dense planting scheme between the heights of 6 feet and 12 feet. The
residential properties to the south need to be screened from the 3-story
structure. Staff recommends that additional silver buttonwood trees be
added along the south landscape buffer, planted close enough to create a
barrier. As an alternate or supplement, the applicant can coordinate with
adjacent residents to plant their backyards to increase the landscape
Conditions of Approval
4
I I i ---"11
!i
DEPARTMENTS INCLUDE: REJH~I
I screenmg. i : "
II
15. The new site sign shall be located a minimum of 10 feet from any property I X Ii
line, be designed to match the elements / colors of the building and placed
to screen utility equipment in the front setback. I
16. Due to the fact that the building will be a mix of medical and general office X !
space, based on parking limitations, the landlord will be required to
maintain a cumulative parking tabulation spreadsheet with each tenant and
their parking requirement. Anytime a tenant applies for a business tax
(license) to locate in the building, an updated version of the spreadsheet will
need to be submitted with their application. The landlord shall acknowledge
that tenants who exceed the parking allowance will be denied. i
17. No permits shall be issued prior to receipt of a traffic concurrency approval I X
letter from Palm Beach County. I i
18. The applicant is responsible for compliance with Ordinance 05-060, the ! X I
"Art in Public Places" program. i
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
I
!
Comments: I I,
i I'
. .'l ~
None :\
i'
ADDITIONAL CITY COMMISSION CONDITIONS i I j,
i , Ii
Comments: I i ii
I To be determined. : : II
'I
.,
S :\Plann ing\SHARED\ WP\PROJECTS\Seacresl Gardens\COA .doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Sea crest Garden Office Building
APPLICANT'S AGENT: Jose Aguila - Currie, Sowards, Aguila Architects
APPLICANT'S ADDRESS: 134 NE 1st Avenue, Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 16,2009
TYPE OF RELIEF SOUGHT: Request Major Site Plan Modification approval for the addition of
14,206 square feet to an existing 1,693 square foot office building.
LOCATION OF PROPERTY: 2860 S. Seacrest Blvd
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\Seacrest Gardens\DO .doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
not possible, the modular would be removed and the entire building would be
completed at once.
Motion
Mr. Myott moved to approve a modification of the approved campus master plan
increasing the number of project phases from four to six to include the addition of an
interim (temporary modular) school facility and a maintenance building, and update the
project build-out schedule, subject to staff comments. Mr. Barnes seconded the 'motion
that passed unanimously.
Motion
Mr. Myatt moved to approve a 2,200 square-foot temporary modular classroom
building, as part of the new Phase II of the master plan within a Planned Unit
Development (PUD) zoning district. Ms. Grcevic seconded the motion that passed
unanimously.
C. Seacrest Garden Office Building
Malor Site Plan Modification
1.
PROJECT:
Seacrest Garden Office Building
(MSPM 09-004)
Jose Aguila of Curry Sowards Aguila Architects
M.F. Seacrest Boulevard
2860 Seacrest Boulevard
Request for approval for the construction of a
14,206 square-foot addition to an existing
1,693 square-foot building for a total of
15,899 square feet, on the site of an existing
one-story dentist office within the C -1 Office
Professional zoning district.
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Mr. Breese presented the request as set forth in the staff report. The proposed three-
story building would have understory parking with two floors of office above. Required
parking for a general office was based upon one parking space per 300 square feet of
gross floor area and one parking space per 200 square feet of gross floor area for a
medical office. The applicant indicated he would prefer the option of having both
medical and general offices within the building. The site plan indicated there were 68
parking spaces onsite, six of which would be handicap and 17 understory parking. The
proposed office building was depicted with a 60-foot front setback from Seacrest, a 10-
foot setback from the professional office to the north, a 48-foot setback from the
16
Meeting Minutes.
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
residential to the south and a 147-foot setback from the residential to the east. The
Sea crest Boulevard frontage would be enhanced with a seven-foot landscape buffer.
The six-foot southern landscape buffer with a six-foot masonry wall would help to
screen and buffer the abutting single-family homes. The applicant provided .a view
from the backyards of abutting homes showing the line of sight with the six-foot wall
and 12-foot trees above the wall which screened the view of the building. Staff
recommended additional Silver Buttonwood trees be planted within the south buffer to
close any gaps shown in the landscape plan and to provide a dense landscape barrier
from the backyards to the building.
The proposed building was designed in a modern style with clean lines. The architect
proposed wraparound eyebrow features suspended by stainless steel cables. The
building would have a smooth stucco finish with a classic white paint. The architect
also designed large balconies on the second and third floors, posting a cable railing
system. The balconies were intended to have landscape planters to provide a "Zen"
garden affect. Staff recommended approval with the conditions contained in Exhibit
"C."
In response to the inquiry of Chair Jankiewicz, Mr. Breese noted the project was not
located within the CRA district. As such, the language contained in the
recommendation pertaining to additional conditions recommended by the CRA Board
would be stricken.
Jose Aguila, Curry Sowards Aguila Architects, Delray Beach, noted the site was vacant
with the exception of a dental office, Suite 101, formerly occupied by Dr. Shepherd.
The existing building housing the dental office would become a parcel in the overall
condominium-professional office building to be constructed. It was Mr. Aguila's intent
to modify the exterior facade, eyebrow, the "pink" color and existing elements so that it
would appear the building had been constructed at one time. The stones would be
removed and replaced with stucco. Mr. Aguila agreed to all 18 conditions of approval.
Feedback from neighbors indicated there would be no objections to the project. Mr.
Aguila also agreed to staff's request for landscaping to be added on the south side.
Chair Jaskiewicz opened the public hearing.
Henry J. Gary, 2862 S. seacrest Boulevard, resides next door to the dental office. He
expressed concern for the wall to be built and the view from his property. Mr. Aguila
noted a six-foot high wall would' be constructed on both the north and south property
lines, with three elevations and layers of landscaping to break up the visual monotony.
Mr. Gary's view would consist of a painted, stucco wall and above that, landscaping
from the property on the new site. The wall was required by the City's Code to
separate the residential and commercial areas. The landscaping for the site had been
17
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
designed by the landscape architect for Morikami Park. Construction would take place
during normal construction hours, and Mr. Aguila anticipated the project would be built
in the near future within established guidelines.
No one else having come forward, the public hearing was closed.
Below are questions and/or comments by the Board, together with the responses.
. During the renovation of the dentist's office, would new roofing material be
applied?
Mr. Aguila was unaware of the condition of the roof, but he assured the roof would be
current and viable.
. Would the building be Energy and Environmental Design (LEED) certified?
Mr. Aguila responded negatively. The project could be LEED certified, but this would be
at the discretion of the owner.
. The "white" color would be very obvious, as the structure would be located on
the high en9 of the ridge.
Mr. Aguila indicated the parcel had dropped and would not be as elevated as it
appeared. There was a six-foot difference in grade between the northwest and
southwest corners of the site. The building was clean and contemporary with a good
deal of glass and eyebrows.
. While the architectural features were good, an earth tone would be preferable to
the color "white". Mr. Breese advised from staff's perspective, the color "white"
was appropriate for the type of architecture utilized.
Motion
Ms. Grcevik moved that the request for the construction of a 14,206 square foot
addition to an existing 1,693 square foot building for a total of 15,899 square feet, on
the site of an existing one-story dentist office within the C-l Professional zoning district
be approved. Mr. Barnes seconded the motion that passed unanimously.
8. Other
None
18
VIII.-PUBLIC HEARING
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
0 A ri121, 2009
0 Ma 5,2009
0 Ma 19,2009
0 June 2, 2009
r8J June 16,2009
0 Jul 7,2009
0 Jul 21,2009
0 Au ust 4,2009
June 1,2009 Noon)
Jul
Jul
Announcements/Presentations
Consent A enda
o
o
o
o
o
New Business
NATURE OF
AGENDA ITEM
o
D
o
o
r8J
Administrative
Unfinished Business
c:>
\.D
::
:1:Joo
Le al
n
;'.q;...c
:?I;
.-
> (,")-"\1
RECOMMENDATION: Please place this request on the June 16, 2009 City Commission Agenda ufiffer ~c
Hearing. The Planning and Development Board on May 26,2009, recommended that the request be approved, ~je ". II
staff conditions. For further details pertaining to this request, see attached Department Memorandum No. 09-02'tS
Public Hearin
:
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Sea crest Garden Office Building (MSPM 09-004)
Jose Aguila of Curry Sowards Aguila Architects
M. F. Seacrest, LLC
2860 Seacrest Boulevard
Request for approval for the construction of a 14,206 square foot addition to an
existing 1,693 square foot building for a total of 15,899 square feet, on the site of
an existing one-story dentist office within the C-l Office Professional zoning
district.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
~
j ~ --
City anager's Signature
Assistant to City Manager ~
'--"
Planning and Zoning Director City Attorney / Finance
S:IPlanningISHARED\WP\PROJECTSISeacrest Garden\Agenda /tern Request Seacrest Garden Off Bldg MSPM 09-004 6- I 6-09.doc
~
,/
S:\BULLETINIFORMS\AGENDA ITEM REQUEST FORM. DOC
TO:
THRU:
FROM:
DATE:
PROJECT NAME/NO:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 09-024
STAFF REPORT
Chair and Members
Planning & Deyelq~net.!t Board
") ~/
Michael RumpJ):
Planning and Zoning Director
Ed Breese ~
Principal Planner
May 11, 2009
Seacrest Garden Office Building (MSPM 09-004)
Major Site Plan Modification
Applicant/ Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
East:
West:
PROJECT DESCRIPTION
Jose Aguila of Curry Sowards Aguila Architects
2860 South Sea crest Boulevard (see Location Map - Exhibit "A'')
Office Commercial (OC)
Office Professional (C1)
14,206 square foot addition to an existing 1,693 square foot building
0.95 acres (41,702 square feet)
Professional and Medical office buildings, zoned Office Professional (Cl);
and
Developed single-family residential homes, zoned Single-family residential
(R1M); and
Developed single-family residential homes, zoned Single-family residential
(R1M); and
Right-of-way for Seacrest Boulevard, then farther west is developed multi-
family residential, zoned Office Professional (Cl).
VIII.-PUBLIC HEARING
ITEM B. ~
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to Citv Clerk's
Office
0 A riI2!, 2009
0 Ma 5,2009
0 Ma 19,2009
0 June 2, 2009
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to Citv Clerk's
Office
[gI June 16,2009
0 Jul 7,2009
0 Jul 21,2009
0 Au ust 4, 2009
Jul
Jul
o Announcements/Presentations
o Administrative
o
o
[gI Public Hearin
o
o
[gI Le al
o Unfinished Business
o
...
NATURE OF
AGENDA ITEM
:x
RECOMMENDATION: Please place this request on the June 16, 2009 City Commission Agenda under
Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board on May 26, 2009,
recommended that the request be approved, subject to all staff conditions. For further details pertaining to this request, see
attached Department Memorandum No. 09-032.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Imagine Charter School at Boynton Beach (REZN 09-002)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
New Urban High Ridge, LLC
West side of High Ridge Road, approximately 0.25 miles north of Miner Road
Request to rezone from Planned Unit Development (PUD) to the Single and Two-Family
Dwelling (R-2) zoning district.
PROGRAM IMPACT: N/ A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
~-
,/
~~
City Monag"', Si7 -
Assistant to City Manager " v
Planning and Zoning Director City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Imagine Charter School\REZN\Agenda Item Request Imagine Charter School at BB REZN 09-002 7-7-09.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 \, ORDINANCE NO. 09-
I
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF MG/3 DEVELOPER GROUP,
6 AMENDING ORDINANCE 02-013 TO REZONE A
7 PARCEL OF LAND LOCATED ON THE WEST
8 SIDE OF HIGH RIDGE ROAD, APPROXIMA TEL Y
9 0.25 MILES NORTH OF MINER ROAD, AS MORE
10 FULLY DESCRIBED HEREIN, FROM PLANNED
11 UNIT DEVELOPMENT (PUD) TO SINGLE AND
12 TWO FAMILY DWELLING DISTRICT (R-2);
13 PROVIDING FOR CONFLICTS, SEVERABILITY,
14 AND AN EFFECTIVE DATE.
15
16 WHEREAS, the City Commission of the City of Boynton Beach. Florida has
17 adopted Ordinance No. 02-013. in which a Revised Zoning Map was adopted for said CIty"
18 and
19 WHEREAS, MG/3 Developer Group, owner of the property located on the west side
20 of High Ridge Road. approximately 0.25 miles north of Miner Road in Boynton Beach.
21 Florida, as more particularly described herein. has tiled a Petition, through its agent Bradley
22 II D. Miller. AICP, Miller Land Planning Consultants. Inc" pursuant to Section l) of Appendix
23 A-Zoning, of the Code of Ordinances. City of Boynton Beach. Florida. for the purpose of
24 rezoning a parcel of land, said land being more particularly described hereinafter. lrom
25 Planned Unit Development (PUD) to Single and Two-family Dwelling District (R-2): and
26 I WHEREAS, the City Commission conducted a public hearing and heard testimony
i
2711 and received evidence which the Commission linds supports a rezoning for the pro pert)
28 II hereinafter described; and
II
291 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
I
30 I an amendment to the Land Use which \vas contemporaneously considered and appnn ed at
i
S .l'A .Urdinanccs\Planning\RezonmglRez(lnmg -Imaglllc ,'hartc! Seh,)(l1 e1, 'c
JI
the public hearing heretofore referenced; and
2
WHEREAS, the City Commission deems it in the best interests of the inhabitants of
3
said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
4
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
5
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
6
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
7 herein by this reference.
8
Section 2.
The following described land located on the west side of High Ridge
9 Road, approximately 0.25 miles north of Miner Road in Boynton Beach, Florida, as set forth
10 as follows:
11
12 See legal description attached hereto as Exhibit "A"
13
14 Subject to easements, restrictions, reservations, covenants and
15 rights-of-way of record.
16
17 be and the same is hereby rezoned from Planned Unit Development (PUD) to Single and Two-
18 Family Dwelling District (R-2). A location map is attached hereto as Exhibit "B" and made a
19 part of this Ordinance by reference.
20 Section 3.
21 accordingl y.
22 Section 4.
23 repealed.
24 Section 5.
That the aforesaid Revised Zoning Map of the City shall be amended
All ordinances or parts of ordinances in conflict herewith are hereby
Should any section or provision of this Ordinance or any portion thereof
25 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
26 the remainder of this Ordinance.
s: \CA \Ordinances\PI annin~ezonin~ezon ing -I magine Charter School. doc
4
5
6
7
8
9
10
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12
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16 I
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18
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20
21
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1
Section 6.0 This ordinance shall become effecti\c immedIately upon passage.
.2000.
SECOND, FINAL READING and PASSAGE this
day of
,2009.
CITY OF BOYNTON BEACH. FLORIDA
Mayor - Jerry Taylor
Vice Mayor Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
') \CA.Urdlnanccs\Planning,Rezonmg\Rczonmg -Imagine Charter ~choul d,,"
21
l
31
I
FIRST READING this
day of
ATTEST:
Janet M. Prainito. CMC
City Clerk
(Corporate Seal)
EXHIBIT "A"
A portion of "High Ridge PUD", according to the Plat thereof, as recorded in Plat Book 109,
Pages 90 thru 93, inclusive, of the Public Records of Palm Beach County, Florida, being more
particularly described as follows:
Begin at the NOIthwest comer of said "High Ridge PUD" Plat;
Thence North 88 degrees 35 minutes 59 seconds East along the North line of said Plat, a distance
of 471.46 feet;
Thence South 01 degrees 50 minutes 29 seconds West along the East line of said Plat, a distance
of 400,00 feet;
Thence North 88 degrees 09 minutes 31 seconds West, a distance of 475,09 feet;
Thence North 01 degrees 09 minutes 29 seconds East along the West line of said Plat, a distance
of242.76 feet;
Thence North 05 degrees 02 minutes 00 seconds East along said West line, a distance of 130.80
feet to the Point of Beginning.
Said lands situate, lying and being in Palm Beach County, Florida.
EXHIBIT .a. - SITE LOCATION MAP
IMAGINE CHARTER SCHOOL - REZN 09-002
- "---------....~..,,--__.r_---"'.,.~-...-.---.---,~,,~,-_____
I
Not in City
Not in City
R-1-AA
270 135 0
I
270
540
810
1\:
1 ,080~~
V~J7L
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 09-032
FROM:
Chair and Members
Planning and Development Board
Hanna Ma~
Senior Planner
TO:
THROUGH:
Michael W. Rumpf t:ICrJ
Director of Planning and Zoning
DATE:
May 18, 2009
PROJECT NAME/NUMBER:
Imagine Charter School / REZN 09-002
REQUEST:
Request to rezone 4.22 acres of property from Planned Unit
Development (PUD) to Single- and Two-Family Dwelling District
(R-2)
PROJECT DESCRIPTION
Property Owner/Applicant: MG/3 Developer Group
(.
Agent:
Bradley D. Miller, AICP, Miller Land Planning Consultants, Inc.
Location:
West side of High Ridge Road, approximately 0.25 mile north of
Miner Road (Exhibit "A")
Parcel Size:
4.22 acres (183,897 sf)
Existing Land Use:
Medium Density Residential (MeDR, 10 du/ac)
Existing Zoning:
Planned Unit Development (PUD)
Proposed Land Use:
No change
Proposed Zoning:
Single- and Two-Family Dwelling District (R-2)
Charter School (K_Sth Grade)
Proposed Use:
Adjacent Uses:
North:
Single-family homes in unincorporated Palm Beach County,
designated Low Density Residential (LR-2, 2 du/acre) and
zoned Single Family Residential (RS);
South:
Undeveloped property (14 acres) designated Medium Density
Residential (MeDR) land use and zoned Planned Unit
File Number: REZN 09-002
Imagine Charter School
Page 2
Development (PUD). This property is currently subject to
pending application (LUAR 09-001) to amend the land use tc
Industrial (I) and rezone to Industrial (M-1); further south is
the right-of-way of Miner Road, then developed property (fie
warehouse space) designated Industrial (I) and zoned
Industrial (M-1):
East:
The right-of-way of High Ridge Road, then, Cedar Ridge
Estates, with single-family homes and townhomes
designated Low Density Residential (LDR) and zoned Planned
Unit Development (PUD). To the southeast, High Ridge
Commerce Park, developed properties designated Industrial
(I) and zoned Planned Industrial Development (PID); and
West:
Undeveloped property (High Ridge Country Club) designated
Low Density Residential (LDR) and zoned Single-Family
Residential (R-1AA).
EXECUTIVE SUMMARY
Staff recommends approval of the requested rezoning based on the following reasons:
1. The request is consistent with the relevant policies of the Comprehensive Plan that allow
non-residential uses in residential land use districts when the non-residential use is a
community facility designed to serve the residential area (such as schools, churches, day
care centers, libraries, etc).
2. The request is consistent with the relevant policies of the Comprehensive Plan that states
that the City shall encourage the location of public schools proximate to urban residential
areas.
3. The proposed amendment is of great civic benefit to the City given the shortage of new
public schools in the area and overcrowded classrooms in existing schools.
4. The proposed amendment would not create additional impacts on infrastructure that cannot
be accommodated within existing capacities.
5. The potential negative impacts on the surrounding residential neighborhoods can be
minimized through adequate screening and buffering and the project's design.
BACKGROUND
The subject property is the northern 4.22 acres of an 18.44 acre property located at the
northwest corner of High Ridge Road and Miner Road. From 2005 to 2008, the following
applications were approved for the greater property: annexation (AN EX 05-001); land use
amendment to Medium Density Residential (MeDR 9.68 dwelling units per acre maximum)
(LUAR 05-002); rezoning to Planned Unit Development (PUD) (LUAR 05-002); master plan! site
File Number: REZN 09-002
Imagine Charter School
Page 3
plan (NWSP 05-016) for 174 residential units (48 single-family units, 126 townhouse units)
known as High Ridge PUD; a one (1) year site plan time extension (SPTE 06-013) extending site
plan approval to September, 2007; and a major site plan modification (MSPM 07-010) to reduce
the number and type of units from 174 units (48 single-family units, 126 townhouse units) to
110 single-family homes. The High Ridge development was platted and construction
commenced for infrastructure. However, due to the downturn in the residential market,
construction discontinued and the property was put up for sale.
In October, 2008, the property owner requested a large-scale land use amendment and
rezoning (LUAR 09-001) of the overall site, to amend the land use classification from Medium
Density Residential (MeDR) to Industrial (1) and rezone from Planned Unit Development (PUD)
to Industrial (M-l). The request was a part of the Round 1-2009 Comprehensive Plan
Amendments and has already been reviewed by the Department of Community Affairs (no ORC
report was issued). In March, 2009 the property owner notified staff that a 4.2-acre parcel at
the northern portion of the 18.44-acre property was under contract to be sold to MGf3
Developer Group to be developed as Imagine Charter School. Due to the pending contract
purchase of the subject 4.22-acre parcel, the property owner has agreed to revise the land use
amendment portion of the pending application (LUAR 09-001) prior to it being presented to the
City Commission for final adoption, thus deducting the subject 4.22 acres from the overall site.
Therefore, the underlying land use classification for the subject property will remain as Medium
Density Residential (MeDR), while the balance of the property (14.22 acres) can continue to
progress through the pending process intended to reclassify the property to Industrial (I) land
use and the (M -1) Industrial District. The application is scheduled for adoption by the City
Commission on June 2, 2009.
This application request does not include a Comprehensive Plan (land use) amendment; the
land use classification of the subject property will remain as Medium Density Residential
(MeDR). This request is to simply rezone the subject property from PUD to R-2, which
corresponds with the MeDR land use classification of the subject property. The R-2 zoning
district also allows the proposed use as a conditional use, and provides a transition between the
existing single-family residential uses and light industrial uses in the surrounding area.
Review Based on Criteria
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings, and are as follows (a.-h.):
a. Whether the proposed rezoning would be consistent with applicable comprehensive plan
policies including but not limited to, a prohibition against any increase in dwelling unit
density exceeding 50 in the hurricane evacuation zone without written approval of the Palm
Beach County Emergency Planning Division and the City':; risk manager. The planning
department shall also recommend limitations or requirements, which would have to be
imposed on subsequent development of the property, in order to comply with policies
contained in the comprehensive plan.
File Number: REZN 09-002
Imagine Charter School
Page 4
The following two objectives within the Future Land Use Element of the Comprehensive Plan
and their related policies outlined below address civic uses in residential land use categories
and zoning districts, and the siting of school locations within the City:
Objective 1.3 - Future development and redevelopment within the City shall continue to
be regulated through administration of the Land Development Regulations specified
within the City's Zoning Code, Community Redevelopment Plans, Building Code and
subdivision regulations.
· Policy 1.3.1 on allowing non-residential uses in residential land use districts:
Community facilities designed to serve the residential area, such as elementary, middle
and high schools, churches, day care centers, governmental administration, police and
fire protection facilities, libraries and civic centers may also be appropriate in a
residential land use category;
Objective 1.16 - The City shall continue its involvement in the process of coordination and
collaboration between the County, local governments, and the School District in the
planning and siting of public school facilities in coordination with planned infrastructure
and public facilities.
· Policy 1.16.5 on the siting of school locations within the City: The City of Boynton
Beach shall encourage the location of schools proximate to urban residential areas by
(1) assisting the School District in identifying funding and/or construction opportunities
(including developer participation or City Of Boynton Beach capital budget
expenditures) for sidewalks, traffic signalization, access, water, sewer, drainage and
other infrastructure improvements; (2) providing for the review for all school sites as
indicated in Policy 1.16.1 above; and, (3) allowing schools as a permitted use within all
urban residential land use categories.
Policy 1.3.1 supports the residential land use category and thus the proposed rezoning to
the R-2 district for a community facility such as a school designed to serve the residential
area in which it is located. The Land Development Regulations specified within the City's
Zoning Code allows a school as a conditional use in the R-2 zoning district, whereby strict
standards and conditions are stipulated in order to mitigate negative impacts on the
surrounding residential areas.
Policy 1.16.5 supports the location of public schools in urban residential areas with
residential land use categories. The proposed rezoning is intended for construction of a
Charter School, not a traditional public school. However, a charter school is publicly-funded,
open to the public and free of tuition, and is overseen by the local school district. The
subject property is nearby major arterial highways (Interstate 95, Hypoluxo Road, Gateway
Boulevard) and in close proximity to urban residential areas.
b. Whether the proposed rezoning would be contrary to the established land use pattern or
would create an isolated district unrelated to adjacent and nearby districtsF or would
constitute a grant of special privilege to an individual property owner as contrasted with the
protection of the public welfare.
File Number: REZN 09-002
Imagine Charter School
Page 5
The proposed rezoning to R-2 would not be contrary to the established land use pattern and
would not constitute the granting of a special privilege. In addition, the area surrounding
the subject site presents a mix of residential, industrial, and civic uses within close proximity
of one another. Therefore, neither the proposed R-2 zoning district, nor the proposed use
(Le. charter school) would represent an isolated district. There are low density residential
uses north and west of the property; a civic use developed with a private school to the
northeast; and industrial uses to the southeast. The proposed rezoning, which allows a
density of 9.68 dwelling units per acre, will provide a transition from the single-family
homes to the north to the vacant property immediately south of the subject property that is
proposed as future Industrial (I) land use and Industrial (M-1) zoning.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The proposed rezoning ;s driven primarily by the changed economic conditions. As noted
above in the Background section of this report, the market decline has made the residential
project of High Ridge PUD economically unfeasible to develop at this time. The subject
property will retain the current residential land use classification of Medium Density
Residential (MeDR). The request for rezoning is accompanied by a conditional use and new
site plan request for a Charter School. The Imagine charter school currently operates as
Chancellor School in Lantana and includes kindergarten through fifth grade. The number of
students is anticipated to double from 500 to 1,000 students when the school adds middle
school grades. There is a need for a larger school campus to accommodate this expansion
to include the additional classes.
Given that the existing zoning, PUD, is a planned residential zoning district, the revocation
of the zoning ordinance after the eventual expiration of the project would be consistent with
the intent of the Code. The revocation in this case could not result in the reversal to the
previous (Palm Beach County) zoning designation. As explained in section (b) above, the
proposed rezoning constitutes an appropriate transitional designation between low density
single-family residential and industrial districts.
d. Whether the proposed use would be compatible with utility systems/ roadways/ and other
publiC faCIlities.
The proposed charter school would be compatible with utilities, roadways, and other public
facilities as detailed below:
Traffic
The applicant has provided a traffic impact analysis for the proposed use. The daily, peak
a.m. and peak p.m. trip generation numbers for the school would exceed respective trip
generation numbers calculated for the maximum residential density of 9.68 dwelling units
per acre permitted at the site, based on its current land use of MeDR and the proposed R-2
zoning district. However, a school is a conditional use in the R-2 zoning district and is
therefore subject to more scrutiny and held to strict conditional use standards and
conditions, including vehicular access, traffic flow, and safety in order to mitigate negative
impacts of the use. In addition, the Palm Beach County Comprehensive Plan's
Transportation Element includes special provisions for school uses with respect to traffic
impacts: it allows the level of service standard permitted on affected segments and
File Number: REZN 09-002
Imagine Charter School
Page 6
intersections to be up to 30% above the Level of Service (LOS) "D" volume on those
segments and intersections. The traffic impact analysis and required traffic concurrency, as
explained in the accompanying conditional use staff report, is pending approval by Palm
Beach County Traffic Engineering, and no building permit for the project will be issued untii
traffic concurrency approval is granted.
Potable Water and Sewer
Likewise, the demand for potable water and sewer for the proposed school use WOUld
exceed the demand based on maximum residential density of 9.68 dwelling unit per acre
permitted at the site, based on its current land use of MeDR and the proposed R-2 zoning
district. The maximum number of dwelling units allowed on the subject property under the
R-2 zoning district is 40 units, which would generate a demand for 18,080 and 9,040 gallons
of water and sewer per day, respectively. The total gallons-per-day demand for the school
would be higher - 22,500 for water and 18,000 for sewer. However, the city has sufficient
unreserved capacity to serve the projected increase in demand. In addition, the proposed
charter school will not include a traditional cafeteria that cooks lunch for the students.
Instead the students will either bring their lunch or purchase a catered lunch that is
delivered to the school.
Solid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the 10-year planning period.
Drainaqe
Drainage will be reviewed in detail as part of the site plan approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future use of
adjacent and nearby properties I or would affect the property values of adjacent or nearby
properties.
The proposed rezoning will be reasonably compatible with the current and future use of
adjacent and nearby properties, and should have no impact on their property values. As
stated is section (b) above, the proposed rezoning, which allows a density of 9.68 dwelling
units per acre, will provide a transition from the single-family homes in unincorporated Palm
Beach County to the north, designated LR-2 Low Density Residential (2 du/acre) and zoned
RS Single Family Residential, to the future industrial zoning district south of subject
property. Please note that a similar land use pattern exists on the east side of the High
Ridge Road. Cedar Ridge Estates, east of the property, is developed with both single-family
homes and high density townhomes, the latter being specifically placed to separate
industrial uses from the single-family neighborhood. Similar to the subject property that
would be adjacent to single-family homes, Lake Worth Christian School is also adjacent to
single-family homes. The proposed use of the property will represent a transition from the
industrial uses south and southeast of the property to low density residential use to the
west and north. Any potential land use conflicts would be mitigated by applying relevant
Land Development Regulations such as greater setbacks, landscaping, buffering, and proper
File Number: REZN 09-002
Imagine Charter School
Page 7
lighting design, and included as conditions of approval to the project at the time of site
planning.
f. Whether the property is physically and economically developable under the existing zoning.
There are no physical constraints to the development of the subject property under the
existing zoning, but the development of a large PUD would be economically unfeasible at
this time due to the downturn in the residential market. In addition, the subject property is
less than the minimum five (5) acres required for PUD zoning, and the proposed use could
not be developed with the current PUD zoning.
g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the
neighborhood and the city as a whole.
The proposed rezoning would be beneficial to the city by providing additional educational
options and employment opportunities, and would also reasonably relate to the needs of the
neighborhood. The rezoning may be considered consistent with the ongoing shift in
paradigm in land use planningl whereby it departs from a traditional separation of uses, and
supports mixed-use patterns allowing places for people to live, work and play to be in close
proximity of one-another and thus promoting resource conservation and sustainable
communities.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts
where such use is already allowed
The City has an acute shortage of large vacant parcels suitable for a school campus to
support 1,000 students. The existing school in Lantana serves the local area, and the
subject property is in close proximity to also serve the local area.
CONCLUSIONS/RECOMMENDATIONS
The request is consistent with the relevant policies in the Comprehensive Plan that allow
nonresidential uses within residential zoning districts when the use is of a public, civic function
such as a school, and serves the residential area where it is located. It has also been
established that the proposed rezoning for a charter school would not create additional impacts
on infrastructure that cannot be accommodated within existing capacities. Lastly, staff
concludes that any potential negative impacts on the surrounding residential neighborhoods can
be minimized through proper site design involving, but not limited to, building setbacks,
landscaping/buffering and lighting. Therefore, staff recommends APPROVAL of the request to
rezone the subject property from PUD to the R-2 zoning district.
S:\Planning\SHARED\WP\PROJECTS\Imagine Charter School\REZN\Rezoning Staff Report.doc
EXHIBIT nAn - SITE LOCATION MAP
IMAGINE CHARTER SCHOOL - REZN 09-002
Not in City
Not in City
R-1-AA
\' "#L"
I
I
270 135 0
I
270
540
81U
1\;
1 ,080I(t~
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1:
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
1. Final disposition of the April 28, 2009 Planning and Development
Board meeting agenda items.
Ed Breese, Principal Planner, reported the request for the Ocean 95 Exchange Plaza
Site Plan Time Extension was denied by the City Commission at its May 19, 2009 City
Commission meeting.
6. Old Business
None
7. New Business
Attorney Alexander administered the oath to all who would be testifying.
A. Imagine Charter School at Boynton Beach
Rezonina
Attorney Alexander noted the City Attorney was a member of the firm of Goren, Cherof,
Doody and Ezrol. A partner within the firm represented Imagine Charter School. As
such, Attorney Alexander recused herself, and Attorney Leonard G. Rubin served as
Board Attorney with respect to this item.
(Attorney Alexander left the dais at 6:38 p.m.)
DESCRIPTION:
Imagine Charter School at Boynton
Beach (REZN 09-002)
Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
New Urban High Ridge LLC
West side of High Ridge Road, approximately
0.25 miles north of Miner Road
Request to rezone from Planned Unit
Development (PUD) to the Single and
Two-Family Dwelling (R-2) zoning district.
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
Imagine Charter School
Conditional Use
2.
PROJECT:
Imagine Charter School at Boynton
Beach (COUS 09-003)
Bradley Miller, AICP, Miller Land Planning
AGENT:
2
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
OWNER:
LOCA nON:
DESCRIPTION:
Imagine Charter School
Hei9ht Exception
3.
PROJECT:
OWNER:
AGENT:
LOCATION:
DESCRIPTION:
Consultants, Inc.
New Urban High Ridge LLC
West side of High Ridge Road, approximately
0.25 miles north of Miner Road
Request for Conditional Use New Site Plan
approval to construct a charter school on a
4.22-acre parcel in a proposed R-2 zoning
district.
Imagine Charter School at Boynton
Beach (HTEX 09-001)
New Urban High Ridge LLC
Bradley Miller, AICP, Miller Land Planning
West side of High Ridge Road, approximately
0.25 miles north of Miner Road
Request for a height exception of nine (9) feet
to allow decorative architectural features to
exceed the maximum building height of 25
feet, for a total of 34 feet at its highest point.
Chair Jaskiewicz suggested the three items be combined for discussion purposes, to be
followed by three separate motions at the conclusion of the discussion. Attorney Rubin
noted this was permissible.
Hanna Matras, Senior Planner, presented the rezoning request as set forth in the staff
report. The property owner previously requested a land use amendment and rezoning
of the site from Medium Density Residential to Industrial (I) and rezoning from Planned
Unit Development CPUD) to Industrial (M-l). In March 2009, staff was notified that a
4.22-acre parcel at the northern portion of the 18.44-acre property was to be sold to
MGj3 Developer Group to be developed as a charter school. As a result of the pending
purchase of the 4.22-acre parcel, the property owner had agreed to revise the Land Use
Amendment portion of the pending application prior to its submittal to the City
Commission for final adoption on June 22, 2009. The land use would remain as
Medium Density Residential, while the balance of the property would be reclassified to
Industrial (I) land use and the M-l Industrial District.
As the previous Planned Unit Development CPUD) zoning was no longer feasible, the
applicant requested to rezone the property from PUD to R-2, Single and Two-family
Dwelling District, which allowed the proposed use as a conditional use. Staff
3
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
recommended approval of the rezoning, as the request was consistent with the relevant
policies in the Comprehensive .Plan that allowed non-residential uses in residential land
use districts if the use was a community facility. The request was also consistent with
the policies of the Comprehensive Plan which encouraged the location of a public school
close to residential areas. The proposed amendment would be beneficial to tt1e City,
given the shortage of public schools in the area and overcrowded classrooms, and
would not create an additional impact on infrastructure. The potential negative impact
on the surrounding residential neighborhoods could be minimized through adequate
screening and buffering in the project design.
In response to the inquiry of Chair Jaskiewicz, Ms. Matras noted the requested rezoning
would not affect the pending application to be presented to the City Commission on
June 22, 2009.
Kathleen Zeitler, Planner, presented the conditional use and new site plan approval
request set forth in the staff report. The proposed charter school would offer grades
kindergarten through eighth grade (K-8), with an anticipated enrollment of 900-1,000
students and would provide a needed transition of the industrial uses to the south and
residential uses to the north and east. Staff evaluated the application USil'lg the
conditional use review criteria. . The applicant had worked with staff to sati~fy the
criteria, including ingress and egress, traffic flow, vehicle staCking and ped.estrian
safety. Bus and car traffic had been separated as much as po~sible. Existing cars
would be directed south, away from Lake Worth Christian: School. Pedestrian
connectivity would be provided, including a cross-walk on High Ridge Road. Staff had
recommended cOr:'ditions of approval to mitigate the impacts and minimize conflicts
such as staggering school hours, providing expediters through peak student dropoff and
pickup times and. servicing dumpsters during non-school hours. Other site design
features included limiting parking lot lights to be more compatible with adjacent
residential areas and locating play areas away from residential areas to minimize noise.
Traffic concurrency for the project was still awaiting approval by Palm Beach County.
However, a condition of approval required that no building permits could be issued
without traffic concurrency approval.
The applicant had requested a nine-foot height exception for a small portion, of the
school.building. The mass of the building would not exceed the R-2 district maximum
height limitation of 2S feet and would be compatible with the neighboring residential
properties. Architectural tower features located on the front and rear building
elevations, as well as the roof profile at the front entrance of the building would be 34
feet from ground level to their highest point. .
4
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
The property would include buffers consisting of canopy and palm trees, hedges and
ground cover, and a combination of buffer walls and fencing to provide screening from
adjacent properties. More than 47% of the site would include pervious landscaped
area. The right-of-way east buffer is 10 feet wide with a three-foot berm, a six-foot
fence, trees and shrubs on both sides of the fence, and a bioswale between the buffer
and the school. The north and west buffer adjacent to the residen,tial area is seven feet
high with a six-foot masonry buffer wall and heavy plantings. The south buffer is 2,5
feet high, but when the adjacent property to the south is developed as Industrial, an
additional 15-foot buffer would be required.
Based on the staff report analysis and compliance with development regulations and
conditional use standards, staff recommended the request for a conditional use be
approved, subject to all 24 conditions of approval. Staff also recommended a one-year
time period be provided to initiate the project.
Bradley Miller, Miller Land Planning Consultants, Inc., noted he represented MG/3.
He was in agreement with all 24 conditions of approval attached to the conditional use
application. Neither the rezoning nor the height exception requests included any
conditions. Also present were Architect Gus Carbonell, Traffic Engineer Glen Hanks,
Landscape Architect Leo Urban and Laura Mardyks, Principal of the existing charter
school in Lantana.
Mr. Miller reiterated the three-part application consisted of the rezoning from Planned
Unit Development (PUD) to R-2 for the northern four acres of an 18-acre parcel for
which an application was currently pending for Industrial use, removing four acres from
the property. MG/3 Developers Group had purchased the four: acres and was fully
committed to the four-acre site. The property was located halfway between Gateway
Boulevard to the south and Hypoluxo to the north. Miner Road was to the southern
portion of the 18 acres, 600 feet away from the site. To the south were light industrial
and commercial uses at Gateway Boulevard. The required buffers would be placed
around the perimeter seven feet to the north and 10 feet to the east along High Ridge
Road, to the south 2.5 feet and seven feet to the west. In addition to the landscape
buffer, there would be adjacent open space. Sunflower artwork would be placed on the
southwest corner of the property which was based on the logo for Imagine Schools.
The bioswale would be used for drainage and green designs were being promoted. A
play area would be located in the northern enclave of the building. The architectural
style to be used is Key West with Bahama shutters, tile roof and stucco finish.
The overall building was limited to 25 feet, and the applicant had complied with this
limitation. The architectural features would exceed the 25-foot maximum by nine feet
and would require a height exception. However, the requested height exception was
only required for a small portion of the roof of the school building.
5
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, ,2009
Mr. Bradley noted that upon receipt of approvals, his team would begin the construction
drawings, with the intent of opening for the 2010 school year. Chair Jaskiewicz
inquired whether Mr. Bradley. would have any obje~ion to a condition of approval
requiring permits be pulled or that the work commence within a year. Mr. Braqley did
not believe this would be an issue. He noted an 18-month period was provided for site
plan approvals, and in order to vest the project, a building permit was necessaryJ as
was the first inspection.
Chair Jaskiewicz opened the public hearing.
'.
Edward ArcherJ 7383 High Ridge Road, understood a third access was to be provided
for emergency vehicles, as High Ridge Road was owned by the County.
Mr. Bradley explained another parcel had originally been considered for the school
wherein the primary access point was High Ridge Road. The property was not in the
City of Boynton ~ach and would require annexation. The legalities which arose in
annexing the property dealt with contiguous property already in the City and the issue
of compactness. An easement or third access point was required to provide emergency
access, and it had been necessary to approach the adjacent property owner for the
easement. Mr. Bradley was not aware of any need for three access points for the
property in question. In this instance, the property had already been annexed into the
City, and the legal issues of compactness and contiguity were not pertinent.
Glen Hanks, Glen Hanks Consulting Engineers, noted he was a registered Professional
Engineer and Traffic Operations Engineer. In March of 2009, he had received a letter
from Palm Beach County Traffic Engineering Division in response to his initial traffic
study. The County had not indicated any concerns regarding the two access points to
High Ridge Road.
Chair Jaskiewicz inquired whether traffic control would be necessary at dismissal times.
Mr. Hanks explained consideration was being given to extending the school zone from
Lake Worth Christian, which would impose a 20 mile-per-hour speed limit. The other
component considered was supervised crossing for pedestrians traversing High Ridge
Road. Mr. Bradley verified traffic control would be implemented. Imagine School held
operational control onsite. He contended the circulation pattern described earlier would
result in automobile and pedestrian safety and prOVide access in the event of fire. Mr.
Hanks added the pickup operations at the school's current locatio, n were excellent and
, .
ensured a smooth traffic flow. A component under consideration for the proposed site
was to eliminate merges and conflicting traffic motions. Normal rules of right-oF-way
would apply.
6
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
Tara Archer noted she was the owner, along with Edward Archer and Jo Ann Archer,
of houses at 7361, 7381, 7383 and 7395 High Ridge Road. She was in favor of the
school if it were located on her property. The houses had been dormant with the
understanding the Imagine School would be built on her property. Chair Jaskiewicz
pointed out that as a result Qf the current project, it was possible another prospect
would occur in the near future. Ms. Archer contended motorists had not complied with
the speed limit signage posted on High Ridge Road, nor were any signs posted. noting
the school hours. Chair Jaskiewicz suggested the City look into these issues.
Rachel Costigan, 6681 High Ridge Road, inquired whether the school would be
provided City or well water, and where the nearest fire hydrant and police and fire
stations were located.
Mr. Bradley responded potable and City water would be provided. The fire station was
located at Gateway and Congress, and the pOlice station shared the City Hall location.
Chair Jaskiewicz noted construction of new fire and police stations were anticipated in
the near future. Mr. Bradley advised a fire hydrant was currently located on High Ridge
Road and two hydrants would be installed at the site.
No one else having come forward, the publiC hearing was closed.
Listed below are questions and/or comments from the Board and the responses
thereto:
. Would there be a 20 mile-an-hour school zone flasher? Would that be controlled
by the City or the County?
Mr. Hanks explained Palm Beach County controlled the thoroughfare road and it would
be at the discretio'n of Palm Beach County Traffic, Public Works and Land Development
whether to approve or disapprove any school signal or school zone flashers.
. Did the County, in its in~tial concurrency letter, indicate they would want a. school
zone designation?
Mr. Hanks responded negatively, adding a meeting or discussion with the County would
be necessary in this regard.
. It was suggested a condition be imposed directing the petitioner to ask the
County for a designated school zone.
7
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
Mr. Bradley noted.he could have discussions with Palm Beach County, and that would
be an acceptable condition. However, the decision would be at the discretion of the
County. Mr. Bradley believed everyone was in favor of making the area safe.
. It appeared people were being routed from the southeast to the northeast in a
clockwise motion. How would people travel north on High Ridge Road?
Mr. Hanks replied parents exiting the site would be required to turn south during peak
hours. Left turns were not encouraged because of the close proximity to the crosswalk.
Last-minute suggestions would be tweaked as discussions were held with the school
principal, and the team would continue to improve on the traffic circulation with City
staff and the City Engineer.
. Were there any driveways east of High Ridge Road?
Mr. Hanks replied there were no other driveways. The closest driveway was located
approximately 170 feet to the south which was the entrance to Cedar Ridge. A two-
way continual left-turn lane could be utilized by Cedar Ridge residents during their peak
hour of 5:00 p.m., and by the school for the northbound left turns during the school
peak hour of 3:45 p.m. As such, there would be no conflicting motion between the
incoming traffic to the residential and the school. As Lake Worth Christian's hours
commenced at 8:00 a.m. and dismissed at 2:50 p.m., and the charter school started at
9:00 a.m. and dismissed at 3:40 p.m., it was believed there would be no overlap of
peak-hour traffic.
. Upon dismissal times at Lake Worth Christian, are motorists directed to turn
north?
Mr. Hanks replied the signage called for right turns only.
. There should be a traffic light at High Ridge and Miner Roads.
. If traffic signals were installed, would the applicant contribute?
Mr. Hanks noted the applicant's team had taken a look at the intersection of Miner and
High Ridge Roads for the intersection criteria required by Palm Beach County. Pursuant
to the County's Critical Movement Analysis (CMA), the applicant had complied with the
County's current criteria.
. Boynton Beach residents pay taxes to Palm Beach County. As such, all City
residents should have input regarding signals on a County or City road.
8
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
. Do all grade schools in Palm Beach County automatically have school zone
markers?
Mr. Hanks advised in dealing with a charter school, some, but not all of the regulations
have to be met. The placement, number and spacing of school signals for school zones
would be pursued with the County.
. Have you had any feedback from the neighbors at Lake Worth Christian and
Cedar Ridge to determine the manner in which the new school would be
welcomed?
To date, neither staff nor Mr. Bradley had any direct contact with the residents. Notice
of the proposed project had been provided by letter, posting onsite and in newspapers.
It was requested the issue addressed earlier by f\1r. Archer be revisited. f'v1r. Archer
provided clarification regarding property ownership and his understanding as to the
third lane. He noted his property was not located within City limits. Mr. Bradley noted
at the time the applicant was pursuing the Archers' property, it had been revealed the
County would have objected to the applicant's annexation request as the issue of
compactness had not been satisfied. In addition, other issues existed with the Archers'
property. The County's attorney advised if an easement was obtained from the
adjacent property for the thirq connection, the County would recommend remo'ving its
objection to the annexation.
It was noted while several charter schools had opened within the City, it had been a
protracted period of time for the proposed school to open. The question was raised as
to the criteria required to open a charter school.
Laura Mardyks, 600 S. East Coast Avenue, Lantana, Principal at Chancellor Charter
School in Lantana (an Imagine School), noted negotiations began less than two years
ago, and it was hoped the new school would be built with ease and immediacy. In
order for a charter school to open, an authorizer (in this instance; Palm Beach County)
was necessary. A charter school was obligated to meet all benchmarks in proficiency
standards as determined by the State. Chancellor paid a fee of 5% of its total income,
which was based on State and Federal funding. Chancellor .served 550 students,
kindergarten through fifth grade (K-5). Ms. Mardyks shared concerns regarding the
traffic flow, and as such, school officials were vigilant and committed to the safety of
the students. The school also worked closely with the Lantana Police Department to
ensure compliance with traffic flow and stacking requirements, and the new school
would work closely with the Boynton Beach Police Department as well. Chancel.lor was
marked by flashing lights. Chair Jaskiewizc hoped the flashing lights could be
considered as a condition of approval for the new school and that a recommendation be
9
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, '.2009
made to the County to designate the site as a school district. Chair Jaskiewicz inquired
whether the dism!ssal of earli~r grades had been considered. Ms. Mardyks noted the
school, was going. to experiment with a staggered dismissal next year, dismissing by
grade level at lO-minute intervals.
It was questioned whether. the school was pursuing Leadership in Energy and
Environmental Design (LEED) certification for the ,construction materials and the
operation of the school. Mr. Bradley noted while LEED certification had been discussed,
measures to begin the process had not been taken. He pointed out the design of the
bioswale was a step in the right direction.
Gus Carbonell, 1457 NE 4th Avenue, Architect, noted the landscaping had complied
with many of the Leadership in Energy and Environmental Design (LEED) requirements.
The building would be certifiable upon completion. At the present time, the glass in the
building had been tinted, concrete and other materials used were locally produced, the
wood roof was a renewable resource and many of the windows were shaded by
Bahama shutters.
It was noted the plans indicated the difference between the height of the parapet and
the roof was approximately four feet. It was not understood how the four towers and
gabled facade would screen mechanical equipment, and it was questioned whether the
towers were as high as they were in order to be seen from 1-95. Mr. Carbonell believed
the intent of the' towers was to provide the building with movement. The varying
heights and accent features of the towers and gables added a "playful" touch and
reduced the monotony of the building. The mansard metal roof would hide the
equipment. Mr. Bradley noted the towers were proposed as an architectural' feature
and were not intended to screen equipment. The gables, however, did screen the
mechanical equipment.
Below are additional questions and/or comments from the Board and the responses
thereto: '
. Is the roof metal?
Mr. Carbonell responded the roof had been changed with the last rendering from metal
to a flat cement tile, which was a richer material that would provide greater
permanency.
. Has the budget been established for the construction?
Mr. Carbonell noted the budget process had been ongoing for a number of months.
10
Meeting Minute!;
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
. The details and appearance and architectural details of the building shGUld be
maintained during the development of the budget. What is the method of
construction of the building?
Mr. Carbonell noted the interior of the building would be tilt wall.
. Are there any phases planned as the 500 student capacity increased to 900?
Mr. Carbonell replied the construction would be completed at one time.
. Is there any possibility the site would be changed again?
Mr. Carbonell replied the project site had been locked in and the applicant had closed
on the land.
. How will the property be maintained over time?
Ms. Mardyks noted Imagine School was part of a national management company
located in 10 states, with five schools in Florida. Requests for Proposal (RFP) had been
solicited seeking one company to be responsible for the maintenance. Imagine ~chool's
standards were high and superseded those of public schools. She suggested the Board
review the following websites for information on the Imagine and Chancellor Charter
Schools: www.imagineschools.com and www.chancellorlantana.com.
Chair Jaskiewicz suggested conditions of approval be added requiring a permit be pulled
within one year and that a recommendation be made to the County that a school zone
be established at the site with the use of some type of signaling equipment. She
believed the County would accede to the recommendation.
Motion
Mr. Saberson moved to approve the request to rezone from Planned Unit Development
(PUD) to the Single and Two-Family Dwelling (R-2) zoning district. Mr. Barnes
seconded the motion.
Mr. Us noted he would vote if the rezoning was conditioned upon the approval of the
remaining two items. He did not believe the property should be rezoned without the
specific use and other conditions tied to the rezoning. Chair Jaskiewicz commented the
rezoning would preclude any other development on the subject property. Attorney
Rubin explained the rezoning was in place and the three items before the Boar.d were
based on separate criteria. In addition, the actions taken by the Board were in the
form of recommendations for Commission approval.
11
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
The motion passed unanimously.
Motion
Mr. Myott moved to approve the request for a conditional use for a New Site Plan to
construct a charter school on a 4.22-acre parcel in a proposed R-2 zoning district,
subject to all staff comments and with the added comment that the Board recommend
a school zone be established in front of the school with the appropriate signalization to
make it as safe an environment as possible and that permits be pulled within one year.
Ms. Grcevik seconded the motion.
Mr. Barnes suggested the following substitute wording: "The applicants have requested
the establishment of a school zone on High Ridge Road from Palm Beach County." Mr.
Myott accepted the language as an amendment to his motion. Mr. Barnes did not
believe the applicant should be required to pull a permit within a year, and that 18
months would suffice.
Attorney Rubin explained the conditional use section of the Code called for the
establishment of a time limitation in which the applicant would be required to construct
25% of the total cost of all improvements. The motion by the Board should include a
recommendation to the City Commission for a time limitation. Ms. Zeitler explained the
time limitation would provide the applicant a period of a year within which to establish
their site work prior to issuance of the building permits. As long as the applicant had
completed 25% of the site work, the one-year timeframe would be satisfied. A building
permit would be required to be pulled within 18 months for site plan approval.
Mr. Myott restated his motion as follows:
Motion
Mr. Myott moved to approve the request for a conditional use of a New Site Plan to
construct a charter school on a 4.22-acre parcel in a proposed R-2 zoning district,
subject to all staff comments, with the addition that a school zone be established
according to Palm Beach County standards, and that 25% of the improveme'nts be
made within a one-year time period.
Mr. Bradley expressed concern with the permit process. Attorney Rubin advised the
conditional use would expire unless the threshold set forth in the Code was met.
However, he believed a provision existed for an extension. It was suggested the
timeframe be amended to 18 months. Mr. Myott agreed to amend his motion to reflect
a time period of 18 months. Mr. Breese noted staff would be amenable to the 18-
12
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
month timeframe. However{ he requested the motion be modified to reflect the County
would establish the designation of the school zone.
Motion
Mr. Myott moved to approve the request for a conditional use of a new site plan to
construct a charter school on a 4.22-acre parcel in a proposed R-2 zoning district, with
a school zone that complies to County approvals, that 25% of all the improvements be
made within an lS-month period, and that this approval is subject to all staff
comments. Mr. Saberson seconded the motion that passed unanimously.
Motion
Mr. Barnes moved to approve the request for a height exception of nine (9) feet to
allow decorative architectural features to exceed the maximum building height of 25
feet{ for a total of 34 feet at its highest point. Ms. Killian seconded the motion that
passed unanimously.
7. New Business
(Attorney Alexander returned to the dais and resumed her position as Board Attorney at
8:34 p.m.) \
,
B. Calvary Chapel
Master Plarl'Modification
'\
1.
PROJECf:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Calvary Chapel~PMD 09-001)
David Frank of/PreCision Drafting & Design
/'
Calvary Chapel of Boynton Beach, Inc.
3190 Hy-~6Iuxo Road
ReC\U,YSt for approval of a modification of the
ap~~ed campus master plan increasing the
n)4mb~t:, of project phases from four to six to
I {nclude tnf;: addition of an interim (temporary
? i modular) st1oo1 facility and a maintenance
building, and '4Pdating the project build-out
schedule.
r
Calvary Chapel
New Site Plan
.J
2.
PROJECT:
Calvary Chapel (NWSP 09-002)
13
VIII.-PUBLIC HEARING
ITEM C.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
0 A ri121, 2009
0 Ma 5,2009
0 Ma 19,2009
0 June 2, 2009
i:8J June 16, 2009
0 Jul 7,2009
0 Jul 21,2009
0 Au ust 4, 2009
June 1,2009 (Noon)
0 Announcements/Presentations 0
NATURE OF 0 Administrative 0 New Business :x
AGENDA ITEM 0 Consent A enda 0 Le al 'fI
0 0 Unfinished Business ~
i:8J Public Hearin 0
Jul 6, 2009 (Noon
Jul
RECOMMENDATION: Please place this request on the June 16, 2009 City Commission Agenda under
Public Hearing to coincide with the corresponding rezoning and height exception. The Planning and Development Board on
May 26, 2009, recommended that the request be approved, subject to all staff comments. The Board also recommended an
18 month period to perform work in compliance with the Conditional Use regulations and installation of a fully functional
school zone on High Ridge Road, with Palm Beach Traffic Engineering authorization. So that final approval of the rezoning
changes precede consideration of the conditional use / new site plan request, staff recommends that this item be tabled to the
July 7, 2009 meeting to follow final ordinance approval. For further details pertaining to this request, see attached
Department Memorandum No. 09-019.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Imagine Charter School at Boynton Beach (COUS 09-003)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
New Urban High Ridge, LLC
West side of High Ridge Road, approximately 0.25 miles north of Miner Road
Request for Conditional Use ( New Site Plan approval to construct a Charter School on a
4.22-acre parcel in a proposed R-2 zoning district.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
Development Department
~-
City anager's SIgna,flV
Assistant to City Manager #--
~.
" Planning and Zoning Director City Attorney / Finance
S :\PlanningISHARED\ WP\PROJECTSlImagine Charter SchoollCOUSlAgenda ltem Imagine Charter School at BB COUS 09-003 6-16 for 7-7 -09.doc
S:IBULLETINIFORMSIAGENDA ITEM REQUEST FORM ,DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 09-019
THRU:
Chair and Members
Planning & Development Board
Michael Rumpf ~
Director of Planning and Zoning
TO:
FROM:
Kathleen Zeitler ~
Planner II
DATE:
May 18, 2009
PROJECT:
Imagine Charter School at Boynton Beach I COUS 09-003
REQUEST:
Conditional Use I New Site Plan approval to construct a Charter School (K-8) on a
4.22-acre parcel in a proposed R-2 zoning district.
PROJECT DESCRIPTION
Property Owner: New Urban High Ridge, LLC / Timothy Hernandez, VP
Applicant: MG/3 Developer Group
Agent: Miller Land Planning Consultants, Inc. I Bradley D. Miller, AICP
Location: West side of High Ridge Road, approximately 0.25 mile north of Miner
Road (see Exhibit "A" - Location Map)
Existing Land Use/Zoning: Medium Density Residential (MeDR) / Planned Unit Development (PUD)
Proposed Land Use/Zoning: Medium Density Residential (MeDR) I Single and Two-Family Residential
(R-2) (see REZN 09-002)
Proposed Use: Charter School (K_8th Grade)
Acreage: 4.22 acres (183,897 sf)
Adjacent Uses:
North:
Single-family homes in unincorporated Palm Beach County designated
Low Density Residential (LR-2) and zoned Single-Family Residential (RS);
South:
Undeveloped property (14 acres) designated Medium Density Residential
(MeDR) land use and zoned Planned Unit Development (PUD). This
property is currently the subject of a pending application to amend the
land use to Industrial (I) and to rezone to Industrial (M-1); further south
is the right-of-way of Miner Road, then developed property (flex space
warehouse) designated Industrial (I) and zoned Industrial (M-1);
Imagine Charter School - COUS 09-003
Page 2
Memorandum No. PZ 09-019
East:
The right-of-way of High Ridge Road, then, Cedar Ridge Estates, with
single-family homes and townhomes designated Low Density Residential
(LDR) and zoned Planned Unit Development (PUD). To the southeast,
High Ridge Commerce Park, developed properties designated Industrial
(I) and zoned Planned Industrial Development (PID); and
West:
To the west, undeveloped property (High Ridge Country Club) designated
Low Density Residential (LDR) and zoned Single-Family Residential (R-
1M).
BACKGROUND
The subject property is the northern 4.22 acres of an 18.44-acre property located at the northwest
corner of High Ridge Road and Miner Road. From 2005 to 2008, the following applications were
approved for the greater site: annexation (ANEX 05-001); land use amendment to Medium Density
Residential (MeDR 9.68 dwelling units per acre maximum) (LUAR 05-002); rezoning to Planned Unit
Development (PUD) (LUAR 05-002); master plan/ site plan (NWSP 05-016) for 174 residential units (48
single-family units, 126 townhouse units) known as High Ridge PUD; a one (1) year site plan time
extension (SPTE 06-013) extending site plan approval to September, 2007; and a major site plan
modification (MSPM 07-010) to reduce the number and type of units from 174 units (48 single-family
units and 126 townhouse units) to 110 single-family homes. The High Ridge development was platted
and construction commenced for infrastructure. However, due to the down turn in the residential
market, construction discontinued and the property was put up for sale.
In October, 2008, the property owner requested a large-scale land use amendment and rezoning of the
overall site, to amend the land use classification from Medium Density Residential (MeDR) to Industrial
(I) and rezone from Planned Unit Development (PUD) to Industrial (M-1) (LUAR 09-001). First reading of
the land use amendment was approved for transmittal to the Department of Community Affairs (DCA) in
January, 2009. Due to the pending contract purchase of the subject 4.22-acre parcel for a proposed
school, the property owner has agreed to revise the land use amendment application prior to it being
presented to the City Commission for final adoption, thus deducting the subject 4.22 acres from the
overall 18.44-acre property. Therefore, the underlying land use classification for the subject 4.22-acre
portion would remain as Medium Density Residential (MeDR), while the balance of the property (14.22
acres) can continue to progress through the pending process intended to reclassify the property to
Industrial land use and rezone to Light Industrial (M -1).
PROPOSAL
Mr. Bradley Miller, AICP, agent for the property owner, is seeking conditional use I new site plan
approval to construct a charter school consisting of 56,553 square feet of total building area on 4.22
acres in the R-2 zoning district. The proposed charter school would consist of kindergarten through
eighth grade (K-8) with an anticipated total of 900 to 1,000 students. According to the school's website,
the Chancellor School currently operates in Lantana as an Imagine Charter School and has an average of
520 students enrolled in kindergarten through fifth grade. The school is proposing to expand to include
middle school grades, and their current facility does not have space to accommodate the addition of
middle school students. If approved for the proposed location, construction of the school building and
related site improvements would occur in one (1) phase. The proposed construction timeline indicates
the new school to be open for kindergarten through eighth grade (K-8) by July, 2010 in time for the
2010-2011 school year.
Imagine Charter School CDUS 09-003
Page 3
lV1emorandum No. PZ 09-01'1
This project is currently pending approval of a corresponding request (REZN 09-002) to rezone from
Planned Unit Development (PUD) to the Single- and Two-Family (Duplex) Residential (R-2) zoning district.
In addition, the project is also pending approval of a height exception (HTEX-09-001) to allow
architectural tower features located on the front and rear building elevations at a total height of 34 feet to
exceed the R-2 district maximum building height of 25 feet by an additional nine (9) feet. Approval of the
conditional use will be contingent upon the approval of the accompanying requests for rezoning (REZN 09-
002) and height exception (HTEX 09-001).
Pursuant to Chapter 2. Section 5.A. of the Land Development Regulations (LDR), primary and secondary
schools, seminaries, colleges, and universities conforming to Chapter 2. Zoning, Section 11.C are
conditional uses which may be considered and granted in accordance with the procedures set forth in
Chapter 2, Section. 11.2. of the LDR. Per Section 11.C.1-3., Nonresidential Uses in Single-family Zoning
Districts, the only applicable provision for a school in the R-2 zoning district is 11.C.2 which states
"building height, setbacks, parking and total floor area shall be governed by the applicable zoning
district". The LDR defines a Conditional Use as a use that would not be appropriate generally, or without
restriction, throughout a zoning district, however, if controlled as to area, location, number or relation to
the neighborhood, would promote public appearance, comfort, convenience, general welfare, good
order, health, morals, prosperity and safety of the city.
STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS
Section 11.2.D of the Land Development Regulations contains the following standards to which
conditional uses are required to conform. Following each of these standards is the Planning and Zoning
Division's evaluation of the application as it pertains to each of the standards. In addition, the applicant
has submitted a separate detailed justification statement that addresses each of these standards (see
Exhibit "B" pages 6-10).
The Planning & 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 conditioned upon adherence to conditions of approval 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.
Access to this property is from High Ridge Road which is an 80 foot wide collector roadway. There
are two driveways proposed for the school circulation as shown on the proposed site plan (see
Exhibit "e"). School traffic flow is important for both the operation of the school as well as the
adjacent roadways. The proposed general traffic flow for the subject school will be ingress from the
southern driveway with movement clockwise around the building to the north side where there will
be a drop-off area and covered walkway for the students. The drop-off lane then merges into the
one-way exit lane for right-out only egress from the site using the northern driveway. The school
Imagine Charter School - CGUS 09-003
Page 4
Memorandum No. PZ 09-019
has been designed to provide egress that directs departing traffic to the south to either Miner Road
or Gateway Boulevard, and away from the neighboring Lake Worth Christian School, to reduce
traffic conflicts. Likewise, egress at Lake Worth Christian is designed to direct departing traffic north
to Hypoluxo Road. Sufficient vehicle stacking is provided on site and vehicular circulation is
designed so that cars dropping off students can wrap around the school building, and not interfere
with traffic flow on the adjacent roadway. Visitor parking will be located on the south side of the
school, and employee parking will be located in the rear and on the north side of the school.
In addition to the automobile traffic, there is a separate bus stacking area located at the front (east)
building entrance to minimize any potential conflict between autos and buses. During peak traffic
periods in the morning and afternoon, the northern driveway will be used exclusively for bus ingress
into a two (2)-lane circular drive that includes a bypass lane in front of the school, with bus egress
through the southern driveway. In addition, all necessary traffic control signage and pavement
markings will be provided to clearly delineate areas on site and direction of circulation. To minimize
traffic conflicts with Lake Worth Christian School during peak times, the hours of the school will be
staggered (see Exhibit "0" - Conditions of Approval). In addition, the right-out only egress will
direct traffic south, away from the neighboring school.
A proposed crosswalk near the northern driveway will provide pedestrian connectivity, linking the
continuous sidewalk on the east side of High Ridge Road with pedestrian walkways on the front and
sides of the school building. The circulation around the entire perimeter of the school provides
sufficient access for fire control. The nearest fire station is located at Congress Avenue and Miner
Road, so the route for fire access will most likely be from the south and include either driveway.
The applicant has submitted a traffic analysis indicating the project would generate over 2,232
vehicular trips per day. However, the analysis is currently being reviewed by the Traffic Division of
Palm Beach County to ensure compliance with the Traffic Performance Standards (TPS) of Palm
Beach County. No building permits may be issued by the City until the Traffic Division approves the
analysis (see Exhibit "0" - Conditions of Approval).
2. Off-street parking and loading areas where required, with particular attention to the items in
standard 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 who/e.
The site plan depicts parking spaces along the perimeter of the school site adjacent to the required
landscape buffers. Current parking requirements for elementary and middle schools require one (1)
parking space per 500 square feet of classroom floor area. The proposed revisions to the parking
requirements of the Land Development Regulations require one (1) parking space per 500 square
feet of gross floor area, which is more restrictive. The site plan indicates a total of 107 parking
spaces required and 107 parking spaces provided, including five (5) handicap accessible spaces,
based on the more restrictive gross floor area provision. All spaces are dimensioned nine and one-
half (9-1/2) feet in width by 18- V2 feet in length, except for the handicap spaces, which would be 12
feet in width and a five (5) foot wide striped area by 18-1/2 feet in length. The vehicular backup
area would be 25 feet in width. The bus drop-off lane located within the circular drive in front of
the school will also function as an emergency fire lane and a loading zone during school hours.
No glare is expected from the proposed development. freestanding light poles throughout the
parking areas are limited to fifteen (15) feet as indicated on the photometric plan. The perimeters
of the school site will be secured with a combination of a six (6)-foot high buffer wall and chain link
fencing with locked gates, thereby minimizing the need for security lighting. No odor effects are
Imagine Charter Schoo .. COUS 09-003
Page 5
Memorandum No. PZ 09-019
anticipated due to student lunches either provided by a catered service, or brought by the students,
as no cafeteria is proposed. The outdoor play area is located at the rear (west) of the building away
from existing residential uses to minimize children noise. There is also a smaller playground area
located in an interior courtyard of the building that will be fenced and screened. The six (6)-foot tall
C.S.S. wall is proposed along the north and west property lines in connection with the code required
landscape barrier to mitigate any negative impacts upon the adjacent neighborhood.
J. Refuse and service areas/ with particular reference to the items in standards 1 and 2 above.
All refuse and service areas are located to the rear of the proposed school. The site plan proposes a
dumpster enclosure near the southwest corner of the site. Its location, orientation, and angle would
facilitate the convenient and efficient removal of trash. Trucks would enter the site through the
northern driveway, drive to the rear of the school and access the dumpster head-on, then have
enough space for back-up, subsequent turning movements, and eventual egress from the site using
the southern driveway. The dumpster will be enclosed with a concrete block wall and screened with
landscaping. A detail of the dumpster enclosure is provided on the Site Plan set. To reduce any
conflicts with traffic and students on site, the dumpster will be required to be serviced at times
when the school is not in operation (see Exhibit "0" - Conditions of Approval).
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 and will be compatible to support the proposed
charter school. Water and sewer service will be provided from existing facilities owned by the City
of Boynton Beach. Water service will come from an existing water line within the right-of-way of
High Ridge Road. The City's Water Utilities Department projects the school will require a total of
22,500 gallons of potable water per day, and a sufficient supply of potable water exists for this
project due to the City's purchase of up to five (5) million gallons of water per day from Palm Beach
County Utilities. Local piping and infrastructure improvements may be required for the project,
dependent upon the final project configuration and fire-flow demands. These local improvements
would be the responsibility of the site developer and would be reviewed at the time of permitting.
Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the
project total of 18,000 gallons per day, subject to the applicant making a firm reservation of
capacity, following approval of the site plan. Sewer service will come from an existing on-site lift
station that has been constructed near Miner Road for the previously proposed PUD development
However, the lift station was not completed by the prior property owner, and therefore was not
accepted by the City. The developer will be required to complete the lift station and the
interconnecting sewer and have it accepted by the City.
5. Screening/ buffering and landscaping with reference to type/ dimensions/ and character.
The entire property boundary will include landscape buffers consisting of both canopy and palm
trees as well as hedges and ground cover, and a combination of buffer walls and fencing to provide
screening from adjacent properties. The buffer along the eastern property line adjacent to High
Ridge Road will be ten (10) feet in width and include a berm three (3) feet in height and a green
vinyl chain link fence six (6) feet in height with trees and colorful shrubs planted on both sides of
the fence. In addition, there is a planted bio-swale area proposed between the right-of-way buffer
and the school that will also add to the separation of the school building from the adjacent roadway.
Imagine Charter School - CGUS 09-003
Page 6
Memor;mdum No. PZ 09-019
The buffers along the north and west property lines are each seven (7) feet in width and will include
a masonry wall six (6) feet in height in addition to heavy plantings. For consistency and maximum
buffering between the outdoor play area and the adjacent single-family neighborhood, staff
recommends that the wall (proposed along the north and west landscape buffers) be six (6) feet in
height and be made of either C.B.S. or prefabricated masonry, and be painted to match the
building. Furthermore, staff recommends that the buffer wall contain decorative columns I caps to
minimize visual impacts upon adjacent residential properties.
The southern buffer is two and one-half (2.5) feet in width under power lines thereby reqUiring
compliance with FP&L plant type and height requirements. In addition to the two and one-half (2.5)
foot buffer on the school site, a substantial buffer with a minimum width of fifteen (15) feet will be
required on the adjacent property to the south when it is developed as industrial.
In addition to the required buffers along each property line, the site will have foundation
landscaping around the building, landscaping on islands throughout the parking areas, and a
planted bioswale detention area. To complete the requirement for public art, a metallic sculpture
depicting a cluster of sunflowers is planned at the school entrance drive located at the southeast
corner of the site near High Ridge Road.
The site plan tabular data indicates over 47% of the subject site would be pervious landscaped area.
The landscape data on sheet L -2 indicates that the project would have a total of 138 canopy trees of
which 83% are native species; 120 palm trees of which 90% are native species; 3,733 shrubs of
which 91% are native species; and 1,234 groundcover plants of which 100% are native species.
The project would provide a mix of canopy and palm trees. The tree and palm species would
include the following: Green Buttonwood, Southern Magnolia, Oahoon Holly, Southern Live Oak,
Glaucous Cassia, Sabal Palm, and Montgomery Palm.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
No monument sign is proposed for the school. The primary signage is wall sign age proposed on the
front of the building, identifying the name of the school. Traffic control signage will be provided for
directional purposes at the two driveways and in the parking lot. The school has a sign design
company that will submit plans and details of their signage upon time of permit. Signs will be
constructed outside of required visibility triangles and designed to be consistent with the building
colors, finishes and materials.
The school parking lot will be lighted by pole standards that are a maximum of 15 feet in height, in
order to be more compatible with residential uses in the surrounding area (see Exhibit "0" -
Conditions of Approval). Additionally, the Photometric Plan (sheet PH-i) indicates that no lighting
will spill onto adjacent properties. Light pole details and a photometric plan are provided in the Site
Plan set for review. The photometric plan originally proposed freestanding lights at a height of 25
feet throughout the site. In response to staff's strong recommendation, the heights of the lights
were reduced to 15 feet to be more compatible with the surrounding residential area.
7. Required setbacks and other open spaces.
The site plan indicates the building is positioned centrally within the site thus complying with the
required R-2 district setbacks of 25 feet from the front and rear and 10 feet from each side.
Specifically, the proposed setbacks are as follows: 96 feet from the front; 191 feet from the rear;
Imagine Charter Schoo! - COUS 09-003
Page 7
[YJemorandum No. PZ 09-019
and 105 feet and 89 feet from the sides. The building footprint will be 30,915 square feet which is
16.8% of the site area, thereby complying with the maximum lot coverage of 40%. As previously
mentioned the site would be improved with over 47% of the land area allocated for landscaping;
open spaces.
8. General compatibility with adjacent properties, and other property in the zoning district.
Although the subject site is intended to be developed as a charter school, it will provide a transition
similar to the existing development pattern on the east side of High Ridge Road, opposite the
subject property. For example, there are existing industrial uses on the north side of Commerce
Road that abut the Cedar Ridge PUD development. The southern portion of Cedar Ridge is
developed with townhomes at a higher density. The northern portion of Cedar Ridge is developed
with detached single-family homes at lower densities. Upon final adoption of the pending land use
amendment for the property to the south of the subject site, the proposed use will provide a needed
transition from the industrial uses to the south and the residential uses to the north and east.
Although the proposed building has considerable mass, the 96-foot front setback and extensive
landscaping along the front are intended to offset the size of the proposed structure relative to the
adjoining Single-family neighborhoods. Furthermore, with the traditional portico and columns at the
front entrance, Bahama shutters, tile roof, and smooth stucco finish, the architecture of the
proposed school building is in keeping with homes in the area. The building elevations indicate the
building walls would be painted a base color of beige (Frappe, BM AF-85) and field color of soft sage
green (Prescott Green, BM HC-140) and moldings and trims would be highlighted with off-white
accents (Frostine, BM AF-5).
9. Height of building and structures, with reference to compatibility and harmony with adjacent and
nearby properties, and the city as a who/e.
The proposed two-story school building as shown on the elevations is less than 25 feet in height as
measured to the top of the flat roof, and therefore the building complies with the maximum
allowable building height of 25 feet in the R-2 zoning district. However, there are certain elements
of the building that exceed the 25-foot threshold. There are architectural features that exceed this
height requirement but are allowed by the City's regulations. Proposed architectural tower features
located on the front (east) and rear (west) building elevations, as well as the roof profile at the front
entrance of the building would be 34 feet from ground level to their highest point. These
architectural features would exceed the 25 foot maximum height by nine (9) feet and therefore,
would require a height exception (see HTEX 09-001). As shown on the roof plan, the requested
height exception is applicable to only a small portion, less than eight percent (8%), of the entire
roof of the proposed school building. The mass of the proposed school building would not exceed
the district's maximum height limitations and would be compatible with the neighboring residential
properties. This building height is not dissimilar to the industrial buildings to the south, the
town homes to the east or even some of the two-story single family homes. The Key West
architectural style will provide a harmonious compatibility with the area and consistency with other
civic type uses within the City.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
The development of the school should not have any adverse effect on property values within the
area. According the their website, Imagine Charter School was granted SOl( c)3 status as a non-
profit organization, and is tax-exempt, therefore the proposed school will not have a direct economic
Imagine Charter School - COUS 09-003
Page 8
Memorandum No. PZ 09-019
impact on the City tax base. The school website states they have small classes with individual and
customized instruction, and essentially offer a private school education for free. Given the existence
of the adjacent residential uses in the area, many families with young children would be well served
by the proposed charter school.
11. Conformance to the standards and requirements, which apply to site plans, as set forth in Part III,
Chapter 4. Site Plan Review, of the City's Land Development Regulations.
A set of plans has been provided with this application, prepared to be in compliance with Chapter 4
of the City Regulations. The plan set generally includes a Survey, Site Plan, Landscape Plan, Paving
& Grading Plan, Utilities Plan, Photometric Plan and Architectural Elevations and Floor Plans. These
plans will be reviewed for compliance and comments issued as conditions for the ensuing
development. With incorporation of staff comments noted within Exhibit "0" - Conditions of
Approval, the proposed project would comply with all requirements of applicable sections of city
code and Land Development Regulations.
12. Compliance with and abatement of nuisances and hazards in accordance with the performance
standards of Chapter 2, Section 4.N. of the Citys Land Development Regulations and conformance
to the City of Boynton Beach Noise Control Ordinance.
The applicant's justification states the proposed project will be developed and operated to be in
complete compliance with applicable City Ordinances. With incorporation of all conditions and staff
recommendations contained herein, the proposed building and use would exist in a manner that is
in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. The
project would not create smoke, odors, fumes, or toxic matter that would negatively impact the
neighboring properties.
RECOMMENDATION
Based on the information contained herein, compliance with development regulations and conditional
use standards, and consistency with the Comprehensive Plan, staff recommends that this request for
conditional use be approved subject to satisfying all conditions of approval as contained in Exhibit "D" -
Conditions of Approval. Any conditions of approval recommended by the Board and required by the City
Commission will be placed in Exhibit "D" accordingly. Furthermore, pursuant to Chapter 2 - Zoning,
Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be
developed. Staff recommends that a period of one (1) year be allowed to initiate this project.
S:\Planning\SHARED\WP\PROJECTS\Imagine Charter School\COUS\Staff Report.doc
EXHIBIT "A" - SITE LOCATION MAP
IMAGINE CHARTER SCHOOL - COUS 09-003/HTEX 09-001
------------- -------- i
Not in City
Not in City
R-1-AA
260 130 0
I
260
520
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EXHIBIT "B'
MILLER
LAND
PLANNING
CONSULTANTS, INC.
420 W. Boynton Beach Boulevard
Suite #201
Boynton Beach, Florida 33435
PHONE . 561/736-8838
FAX . 561/736-8079
Original:
Revisions:
March 1 1, 2009
May 08, 2009
IMAGINE CHARTER SCHOOL
AT BOYNTON BEACH
Request:
Project Summary:
Rezoning & Conditional Use
Project Background & Justification Statement
This application requests the rezoning and conditional use of a 4.2
acre property located on the west side of High Ridge Road
approximately 1,200 feet north of Minor Road. The rezoning is from
the Planned Unit Development (PUD) to R-2, Duplex District. The
proposed development is a charter school for students in
kindergarten to 81h grade which requires the conditional use
approval.
Property Owner:
New Urban High Ridge, LLC
Applicant: MG/3 Developer Group
Agent: Miller Land Planning Consultants, Inc.
Bradley D. Miller, AICP
Location: West side of High Ridge Road, approximately
1,200 feet north of Minor Road
Parcel Size: 4.2:t Acres
Existing Land Use: Medium Density Residential
(MeDR - 9.68 du/ac)
Proposed Land Use: Medium Density Residential
(MeDR - 9.68 du/ac)
Existing Zoning: PUD, Planned Unit Development
Proposed Zoning: R-2 Duplex District
Proposed Use: School - Charter K - 8th Grade, 900 students
(Conditional Use)
Imagine Charter --Ochool at Boyntofl B8(':.l~
Rezoning & Conditional Use Applicotion
February 11, 2009 / Revision April 21, 2009
PClge ..
Adjacent Uses:
North - Single family homes in unincorporoted Palm Seaer-; COUnTy
designated for lR..2, low Density Residential [2 :..Jia; :Jnd zoned p~
Single Family Residential.
East .. The right-ot-way of High Ridge Road, thel', '...8iJar "'io;:
Estates with single family homes and townhomes, designated LOV,
Density Residential (lOR) and zoned Planned Unit Developme"i
(PUDI.
South - Undeveloped land designated for MeDR land use ::m:::
zoned PUD. This property is currently subjectJ pendinl:::
application to change the land use to Industrial and Wiling to Iv'!
West - Undeveloped property that is part of High Ridge Countr)
Club designated low Density Residential (lDR) and zoned P 1 ,At,
Single Family Residential.
Property Background:
This site is the northern 4.2 acres of all 18.44 acre property that wa:
annexed into the City in May 2005, approved os u Plar Illed Un,
Development tor 174 residential units, plotted, permitted an'::1
construction commenced for infrastructure. Construction on the sitE:"
has not continued due to the slow down in the residential market
Accordingly, in 2008, an application was presented to the City TC
change the land use of from MeDR to Industrial and the zoning tron-
PUD to M -1 Industrial. The land use amendment application we);
approved in January 2009 by the City Commission to be transmittec
to the Department of Community Affairs (DCA I
To accommodate the subject application, the property owner na~
agreed to revise the land use amendment application prior 1(, !
being presented to the City Commission for final adoption. The
revision will consist of eliminating the subject 4.2 acres from the overal
property. Accordingly, the underlying land use designation for rrte:-
subject 4.2 acre property will remain as MeDR while the balance
the property can continue to be processed under 1he proposec'
Industrial land use and M -1 zoning district.
Project Description:
Imagine Schools is a charter school currently operating in Lantan,:
but in need of additional space to accommodate a higher demanc
for the school curriculum. Their current location con accommodak
grades kindergarten through Sir grade and the demand has been t
continue the school through 81r, gl-ade. In order to meet theSe:
additional demands, the school needs a larger campus and buildin<;;
This sife provides the space needed fOI the facility in 0 location the
is still viable for their existing students as well as new students.
The school is proposed to accommodate approximately 900 to 1 ,OOC
students between the grades of kindergarten and 81r grade. Tr'
building is proposed as a two-story structure with maximum height (I'
25 feet as defined by the Code. There ole architectulol featurE"
that exceed this Ileighi requirernent but ore allowE;d by tile Co'j'
Imagine Charter School at Boynton Beach
Rezoning & Conditional Use Application
February 11, 2009 I Revision April 21, 2009
Page 3
The building layout is in an "H" format which provides windows and
light into all portions of the building and creates courtyard areas that
can be used for playground and gathering space. There is a small
playground area proposed within the northern courtyard area and
a active play area with an open area grassed sports field on the west
side of the building. The architecture is a Key West style with
decorative metal brackets, bahama shutters, hardiplank siding, etc.
Access to this property is from High Ridge Road which is a 80 foot
wide collector roadway. There are two driveways proposed far the
school circulation as shown on the proposed Site Plan. School traffic
flow is important for both the operation of the school as well as the
adjacent roadways. The proposed traffic flow for the subject school
will be ingress from the southern driveway and then clockwise around
the back of the building to the north side of the building where there
will be a drop off area and covered walkway for the students. They
will then proceed to the northern driveway for egress from the site.
In addition to the car traffic, there is a separate bus stacking area at
the front side of the building so there is no conflict between cars and
buses. There is a connector crosswalk across High Ridge Road near
the northern driveway. Sidewalks run throughout the site with access
on all four sides of the buildings that will be available for fire or
emergency access. The circulation around the entire perimeter of
the school provides on-site stacking and sufficient access for fire
control. The nearest fire station is located at Congress A venue and
Miner Road, so the route for fire access will most likely be coming
from the south and will have access from either driveway.
The balance of the site will be open space areas used for dry
detention and landscaping. A chain link fence will be installed
around the perimeter of the property for security purposes with gates
at both driveways. There is a six foot high concrete buffer wall
running along the north and west property line.
Traffic impacts on High Ridge Road need to be addressed
considering the proximity of Lake Worth Christian School which is
located on the east side of High Ridge Road and slightly north of the
subject site. Lake Worth Christian School has a similar access pattern
as the proposed Imagine School with a circular drive in the front of
the building and circulation oround the entire building. Their
driveways are signed where during peak morning and afternoon
times, egress traffic must turn right and go north on High Ridge Road.
The proposed access to Imagine School can be operated in a similar
fashion forcing traffic to turn right and go south on High Ridge Road
during peak hours. Accordingly, the egress traffic from both schools
will be going in opposite directions. Lake Worth Christian School
traffic will be going north toward Hypoluxo Road and Imagine School
traffic will be going south toward Miner Road or Gateway Boulevard.
For ingress traffic, there will be a north bound turn lane and a south
bound turn lane constructed within High Ridge Road. A traffic study
has been provided for review of roadway capacity however, the
circulation can also be coordinated to be compatible with Lake
Worth Christian School and other uses in the area.
Imagine Cllorte :;chool at Boynton Beac ,-
Rezoning & Conditional Use Applicatirx,
February I I, 2009 / Revision April 2 L 2009
I-~Cl!:.
With the approval ot this application it is the applicont: w:1entiori f
proceed immediofely with permitting and construction ,'~ '-:1r, etfon'
be open for student population as soor os c.ossir)I':
Rezoning
Application Criteria:
Rezoning - This application requests the rezoning ot the subject site
from PUD to R-2 for the proposed development of a charter schoo!
campus and facility. The following criteria are -:onsidered fn:
rezoning applications
1) Whether the proposed land use amendment /rezoning WOUI:)
be consistent with applicable comprehensive plan policie:
The division sholl also recommend limitations ()r requirement~
that would hove to be imposed on subsequent developmenT
of the property in order to comply with policies contained
the comprehensive plan.
As indicated above, this property currently has a land use
designation at MeDR and is zoned PUD with development
plans tor 0 residential subdivision. The property is also subjec
to a pending land use amendment tor the entire 18.44 acr'c
property to change the MeDR designation to industrial.
hos been agreed by the property)wner that
accommodate this application and the development of i~
school on the northern 4.2 acres, the land use amendmeri'
application will be amended prior to final adoption by trlE-
City Commission to eliminate the northern 4.:2 acres trom th,::
request which would then leave the MeDR designation if
place. With that, the zoning will then need to be changel:
from the current PUD to a residential district that correspond
to the MeDR land use designation_ The proposed R-2 zonine
district allows for schools and remains consistent with thi
MeDR land use designation. .Accordingly this applicatici
will remain consistent with the applicable comprehensiv'
pl":m ;)oliCle:,
2) Vv'hetherthe proposed land use amendment/rezoning waUl,
be contrary to the established land u~e pattern or WOUI!
create on isolated district unrelated to adjacenT and neort>
districts or would constitute 0 grant of special privilege fey
individual propertY1 owner as controsted wiN, the protecll,-::
()( the public welfare_
The proposed R-2 zoning district will provide a transition tron
the single family residential to the north and the propose,.'
change to industrial uses to the south_ A similar developmer"
pattern exists on the east side ot High Ridge Rood, aClU'"
from the subject property. There are existing industrial USt:'
on the north side ot Commerce Road that abut the Cedo,
Ridge PUD development. The southern portion of Ceder
Ridge is developed with townhomes at a higher density Ti'!(
northern potion of Cedar Ridge is developed with detachh:
single family homes ot lower densities. A.lthough the subje:
site I~ Intended to t:->e ,jeveloped os CJ chenter ~ch()ol th
Imagine Charter School at Boynton Beach
Rezoning & Conditional Use Application
February 11, 2009 / Revision April 21, 2009
Page 5
rezoning to R-2 for this 4.2 acre property will provide a
transition similar to existing development on the east side of
High Ridge Road.
3) Whether changed or changing conditions make the
proposed land use amendmentlrezoning desirable.
There are a couple of circumstances that make the proposed
rezoning desirable. The first is that the existing PUD zoning for
the proposed residential development has been stagnated
by the slowed economy. This has been proven by the
pending application to change the land use and zoning of
the entire PUD to industrial designations and uses. The
second is the need for additional land area and building
space to accommodate an existing school that needs to
relocate and expand. This change of zoning will provide a
transition from the anticipated industrial uses to the south to
the existing single family homes to the north, rather than a
more abrupt change in use if the subject parcel were
approved for industrial uses immediately adjacent to the
single family homes.
4) Whether the proposed land use amendment Irezoning would
be compatible with utility systems, roadways and other public
facilities.
Public facilities are available to serve the subject site. Access
will be from High Ridge Road in two locations. The site plan
that accompanies this application shows the access locations
and site circulation. Also provided with this application is a
traffic study to address the requirements of roadway capacity
for concurrency. Water and sewer service are also available
to the site. A water line exists within the right-of-way of High
Ridge Road and a sewer line will be extended from a lift
station that has been constructed on the north side of Miner
Road within the New Urban High Ridge PUD property. A
drainage system is also conceptually designed and provided
on the accompanying site plan drawings. This property is
already serviced by City of Boynton Beach Fire and Police
services. All of the public services required for the
development of this site are available and compatible with
the proposed development.
5) Whether the proposed land use amendment Irezoning would
be compatible with the current and future use of adjacent
and nearby properties or would affect the property values of
adjacent and nearby properties.
As indicated above, the proposed R-2 zoning district will
provide a transition from the single family residential to the
north and the proposed change to industrial uses to the
south. A similar development pattern exists on the east side
of High Ridge Road, across from the subject property. There
are existing industrial uses on the north side of Commerce
Imagine Chartel 'lc:hool at Boyntor, BeCk I
Rezoning & Conditional Use Applicaiiol
f-ebruarv 11, 2009 / Revision April 21, 2009
1qf,
Road that abut the Cedar Ridge PUD 'developmel-:I
southern portion of Cedar Ridge JeveioDed 01111
rownhomes at a higher density'. "ne norn-ierTi ::-lotion
Cedar Ridge is developed with detached single lCHllily Ilome
at lower densities. Although the suojecl siies Intended
be developed as a charter SChOO! the leZOI1i:1';1 '0 P-2 for trl
4.2 acre property will provide 0 transition similor Ie existiw'
development on the east side at High Ridge PC.Jc:.
6) Whether the property' ;~ ph;/sicaliY.JrKJ e :c.momic:J!i\
oevelopable under the existing !:Jnd Lise jesiCi"olicn/zoninc;
The application to change the land use and zoning of thl'
property trom a residential PUD development 10 industrio
designations show that the existing land use and zoning ore
not economically developable under the current economic
conditions. The proposed rezoning and development ot 0
charter school are based on a need to expand on existing
operating school. The land is physically suited fol this type
development and duetu Ihe indicated ,jen1ar,d is aic,c
economically developable
7) Whether the proposed land use amendment/rezoning is of:::
scale that is reasonably' related to the'leeds of Ir,c
neighborhood and the city'JS 0 whole.
The proposed rezoning at the 4.2 acre site is related to the sizE:'
ot property needed to accommodate the proposed charter
school campus and related facilities. The school will provide
on alternative means of school options tOI the I'esidents c;
Boynton Beach.
8) Whether there ore adequate sites elsewhere ir; the for tn"-
proposed use, in districts where suen use is o/reody allower.
Site location for the proposed school needed to take ,
consideration the market in which it is intended to serve ane
access. The subject site is well suited tor existing students 1<
be transported to this site rather than the existing site II
Lantana with good southerly and northerly occess trom \_()i
It is also well suited to serve children of new communitie"
within the City of Boynton Beach. Although there may ry'
other site locations within the City there are other markE:-'
driven considerations that were applied to select the subjec '
site.
Conditional Use Under the R-2 zoning district. schools are allowe'J
as a conditional use. Accordingly, there are standards found "
section 11.2 of the City Code which must be met for approval ot tl,"-
conditional use. Those standards and 0 response indicating how thi'
application complies with those standards Is provided below.
I. Ingresj ,xld e'9resj To ttle suoject l>1C)per+\ Clnd propClje:
cirUC;!Jre~ Ihereor-Nith [1(Jrticular referen,:''''' .::- :'7L'r~Jmot'':'-
Imagine Charter School at Boynton Beach
Rezoning & Conditional Use Application
February 11,2009 I Revision April 21 ,2009
Page 7
and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe.
Access to this property is from High Ridge Road which is a 80
foot wide collector roadway. There are two driveways
proposed for the school circulation as shown on the proposed
Site Plan. School traffic flow is important for both the
operation of the school as well as the adjacent roadways.
The proposed traffic flow for the subject school will be ingress
from the southern driveway and then clockwise around the
back of the building and then to the front where there will be
a drop off area and covered walkway for the students. The
drop off area then circulates back to the northern driveway
for egress from the site. In addition to the car traffic, there is
a separate bus stacking area on the south side of the building
so there is no conflict between cars and buses. Sidewalks run
throughout the site with access on all four sides of the
buildings that will be available for fire or emergency access.
The circulation around the entire perimeter of the school
provides sufficient access for fire control. The nearest fire
station is located at Congress A venue and Miner Road, so the
route for fire access will most likely be coming from the south
and will have access from either driveway.
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.
Off street parking and loading is provided in accordance with
the proposed changes to the City's Land Development Code
which is more restrictive that current regulations. Upon final
adoption of the pending land use amendment for the
property to the south of the subject site, this use will provide
a needed transition from the industrial uses to the single family
residential uses to the north. The building design will not
produce glare and there will be no cooking on site which
eliminates odor effects. The outdoor play area is located on
the western side of the building away from existing residential
uses to minimize children noise. There is also a smaller
playground area within the northern wings of the building that
will be fenced and screened away from the adjacent
property.
3. Refuse and service areas, with particular reference to the
items in subsection 1. and 2. above.
A dumpster is proposed in the southwest corner of the site
which provides easy access for trucks. The dumpster will be
enclosed with a concrete block wall and screened with
landscaping. A detail of the dumpster enclosure is provided
on the Site Plan set. There are no specific service areas
proposed.
imagine C!;one' ,)cnooi ot Boynton 8e.:]. i
Rezoning & C0n,jitional Use Applicoti!Ai
February 1 L 2009 / Revision April 21,200'7'
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Jtilities, with reference lc!cctlOrlj :1. :;/IJ:=JIiITV :JrI '
:::ornoafibiiii\'.
Water and sewer service will be provided team existin<:=!
facilities owned by the City of Boynton Beach. Water service
will come from an existing water line within the right-at-way rJ;
High Ridge Road. Sewer service will come tram on existing lif;
station that has been constructemkd along Miner Rood withir
the adjacent PUD. According to our engineer research. the
existing utilities will be compatible to support tile oroposec1
charter school
5. Screening, buffering and Icm,jscoping with reference to
dimensions. and character.
The entire property boundary will include landscape buffer:,
and fencing to provide screening from adjacent properties
The buffer along the eastern property line, adjacent to Higf',
Ridge Road will be 10 feet in width however in addition there
is a bio-swale area that will also include planfings along the
majority of the frontage that is 25 feet wide which will odd tc
the separation from the adjacent roadway. There will also be
o two to three foot berm within the right-of-way buffer, Tri'::;
buffers along the north and west property lines are 5 feet i'
width which complies with code for uses adjacent
residential property, The southern buffer is 2.5 feet in widtl
anticipating the change to southern property to an industria
iand use and zoning and includes powerlines so landscapin~;i
will comply with FP&L requirements, The landscaping withi"
011 of the buffers will consist of both canopy and palm trees :1
well as hedges and ground cover, A proposed landscape
pion has been submitted with the Site Plan se' for r,:,vie\\
b. Signs, and proposed exterior lighting, with reference to gla',,:
traffic safety', economic effect. clncf compat.ibiJitv ':.1",
harmom' with adjacent and nearbv Droper!i",
Signage will be provided for directional purposes at the tWr
driveways with primary signage for the school on the face
the building. The school has a sign design company that wil:
submit plans and details of their signage upon time of pemw
Signs will be constructed outside of required visibility triangles
and designed to be consistent wiih the building calm',
ii'lishes and materials
The school parking will be lighted by pole siandards that are
(] maximum of : 5 feet in Ileight. Light pole details and::
photometric plan are provided in the Site Plan set for reviev,
7. Reauired setbaci':s and ,:)tner open saaces
The building is positioned centrally within ihe site il k'
c:)mplying wiih ihe required setbacks of::-5 f<?pj frolT! the tre'
Imagine Charter School at Boynton Beach
Rezoning & Conditional Use Application
February 11, 2009 I Revision April 21,2009
Page 9
and rear and 10 feet from the sides. The actual setbacks are
88 feet from the front. 192 feet from the rear, and 96 feet and
98 feet from the sides. The building footprint is 31.251 square
feet which is 16.9% of the site area, complying with the
maximum lot coverage of 40%.
8. General compatibility with adjacent properties, and other
property in the zoning district.
The proposed school will provide a transition from the single
family residential to the north and the proposed change to
industrial uses to the south. A similar development pattern
exists on the east side of High Ridge Road, across from the
subject property. There are existing industrial uses on the
north side of Commerce Road that abut the Cedar Ridge
PUD development. The southern portion of Cedar Ridge is
developed with townhomes at a higher density. The
northern potion of Cedar Ridge is developed with detached
single family homes at lower densities. Although the subject
site is intended to be developed as a charter school, it will
provide a transition similar to existing development on the
east side of High Ridge Road.
9. Height of buildings and structures, with reference to
compatibility and harmony to adjacent and nearby
properties, and the city as a whole.
The building is proposed as a two-story structure with
maximum height of 25 feet as defined by the Code. There
are architectural features that exceed this height requirement
but are allowed by the Code. This building height is not
dissimilar to the industrial buildings to the south, the
townhomes to the east or even some of the two story single
family homes. The Key West architectural style will provide a
harmonious compatibility with the area and consistency with
other civic type uses within the City.
) O. Economic effects on adjacent and nearby properties, and
the city as a whole.
The development of the school should not have any adverse
effect on values of property within the area.
) ). 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.
A set of plans has been provided with this application,
prepared to be in compliance with Chapter 4 of the City
Regulations. The plan set generally includes a Survey, Site
Plan, Landscape Plan, Paving & Grading Plan, Utilities Plan,
Photometric Plan and Architectural Elevations and Floor
Plans. These plans will be reviewed for compliance and
comments issued as conditions forthe ensuing development.
Imagine Chanel )chool at Boyntorl I:$eo:: i
::;ezoning & Condiiional Use Applicotior,
February 11, 2009 / Revision April 21, 2009
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::omp/iance with, and abatemeni af rtuisanCt::',:Jno nozor::;
in occardance with the performance :tanC1CYc:!S C:ection 4.
of Chapter 2; also, conformance T,C) the '.~;t\ 'J' Boymy
Beach Noise Control Ordinance, Ch-:Jprer ! 5'ectic" E.:'
rhe Beacl~ Code'Jf ;::)rdinonces
The proposed project will be developed and operated to be
in complete compliance wit 1'1 applicabie Citv ,'Jrdinances
13. Required analysis. AI/ condiTional use applications for bars.
nightclubs and similar establishments sholl include thi?
fol/owing analysis.
This standard is not applicable to this applicatior,.
Conclusion:
This application proposes a rezoning of 4.2 acres and conditional use
for the development of a charter school to offer an alternatiVe;
means of education for students in the area from kindergarten to 8"
grade. The development will occur on a parcel of land that has nol
been developed and the prior residential use has struggled fOI
viability due to the economic slowdown. The intentions of the
applicant are to pursue these approvals and continue through
permitting and construction as quickly as possible.
This application provides the narrative, data and plans needed 1;.
review the proposed development relative to the standards one
criteria that need to be me1 for approval.
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ArchItect and Planner
1457 N.E. 4th AVE.
Ft. Loudel'"dale, Flarida, 33304
(954) 482-B565
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GUSTAVa J. CARBONELL, P.A.
Architect and Planner
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R Lauderdole, Florlda. 33304
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EXHIBIT "D" - CONDITIONS OF APPROVAL
Conditional Use
Project name: Imagine Charter School at Boynton Beach
File number: COUS 09-003
Reference: 2nd review plans identified as a Conditional Use with a May 1, 2009 Planning and Zoning
Department date stamp marking
. "
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS - Solid Waste
Comments: None (All previous comments addressed). X
PUBLIC WORKS - Forestry
Comments: None (All previous comments addressed). X
PUBLIC WORKS-Traffic
Comments:
1. Provide a notice of concurrency approval (Traffic Performance Standards X
Review) from Palm Beach County Traffic Engineering. The traffic impact
analysis must be approved by the Palm Beach County Traffic Division for
concurrency purposes prior to the issuance of any building permits for the
project eCh.1.5, Art.VI, Sec.8.E).
ENGINEERING
Comments: None (All previous comments addressed). X
UTILITIES
Comments:
2. Provide a looped water distribution system with a stub out at southern X
property line for future connection to water distribution system as parcel to
the south is developed.
FIRE
Comments:
3. A Fire Sprinkler system will be required and a monitored fire alarm system. X
POLICE
Comments:
4. Prior to the issuance of a building permit for the project, the applicant shall X
submit a construction site security and management plan for approval by the
City's Police Department CPTED Official.
Imagine Charter School
Conditions of Appro\'al
Page 2
II
--,
I
I
I
DEPARTMENTS
INCLUDE
REJECl
BUILDING DIVISION
Comments:
5. Please note that changes or revisions to these plans may generate additional
comments. Acceptance of these plans during the TART (Technical
Application Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review,
'\
6. Buildings, structures and parts thereof sha1l be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or structure
sha1l be determined by the provisions of ASCE 7. Chapter 6. and the
provisions of 2007 FBC, Section 1609 (Wind Loads), Calculations that are
signed and sealed by a design professional registered in the state of Florida
sha1l be submitted for review at the time of permit application,
7. At time of permit review, submit signed and sealed working drawings of the ! X
proposed construction.
8. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the permit
sha1l be submitted at the time of permit application, F.S. 373.216,
9. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information sha1l he
provided at the time of building permit application:
cJF The full name of the project as it appears on the Development Order and the
Commission-approved site plan.
CiF The total amount paid and itemized into how much IS for water and hO\,>
much is for sewer.
(CBBCO. Chapter 26, Article II, Sections 26-34)
10. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must incorporate
a1l the conditions of approval as listed in the development order and approved
by the City Commission.
11. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. The addressing plan
shall be approved by the United States Post Office, the City of Boynton
Beach Fire Department. the City's GIS Division, and the Palm Beach County
Emergency 911 .
-:iT' Palm Beach County Planning, Zoning & Building Division, 100 Austral1an
Avenue. West Palm Beach, Florida (Sean McDonald 56 I -233-50 13)
ff United States Post Office, Boynton Beach (Miche1le Bullard 561-734-
0872)
Imagine Charter School
Conditions of Approval
Page 3
I g
DEPARTMENTS INCLUDE REJECT
PARKS AND RECREATION
Comments: None (All previous comments addressed). X
FORESTER/ENVIRONMENT ALIST
Comments: None (All previous comments addressed). X
PLANNING AND ZONING
Comments:
12. The trees proposed around the building must be installed at a minimum of Y2 X
the building height of the building (Chapter 7.5, Article II, Section S.M.).
13. Staff recommends elimination of some of the smaller sod areas to reduce X
irrigation demand. Substitute hardy groundcovers and shrubs in place of the
sod.
14. Revise plans to include a typical detail of the six (6) foot masonry buffer wall X
required along the entire length of the north and west property lines, adjacent
to residentially zoned properties. The wall detail shall include the
dimensions, exterior finish, and color(s), and architectural enhancements such
as columns and a wallcap.
15. Revise plans to include a typical detail of the six (6) foot chain link fences to X
be used throughout the school site. The fence detail shall include the
dimensions, exterior finish, and color(s), i.e. green vinyl.
16. On photometric plan (sheet PH-2), revise detail of typical freestanding X
outdoor light pole to include the exterior finish and color, I.e. white
aluminum.
17. Add note to site plan indicating traffic control signage where sidewalk and X
crosswalk intersect to deter student drop-off from High Ridge Road near bus
access drive.
18. Consider placing expeditors (school personnel and student safety patrols) X
along walkway in front of building to open/close vehicle doors and assist
students entering and exiting vehicles at peak arrival/departure times to help
traffic flow of stacked vehicles.
19. Coordinate different hours of operation with adjacent Lake Worth Christian X
school to minimize traffic congestion during drop-off/pick-up times.
20. To reduce any conflicts between traffic and students on site, coordinate times X
for solid waste pickup so that the dumpster is serviced only at times when the
school is not in operation.
lmagme Charter School
Conditions of Approval
Page 4
I DEPARTMENTS
I! 21. Revise civil plans to indicate buffer wall along north and west property lines.
I'
II 22. Revise landscape plan to provide a detail and cross-section of bios wale area.
II
I
I 23. Staff recommends that the light pole heights be maintained at a maximum of
15 feet to maximize compatibility with adjacent residential areas.
INCL UDE
X
REJEC j
. . -----.-~~--i-----
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24. Revise plans prior to permitting to update building elevations to include '\
architectural elements originally proposed that match color renderings
presented to the Board, including the following: covered walkways on north
and east building elevations (student drop-off areas): Bahama shutters on
south and east elevations (most visibility): hardiplank lap siding on front
portico and architectural tower features: gray concrete roof tIle: and
decorative metal brackets on tower features.
-'
.--!
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
25. The Board recommends the applicant be given 18 months to pull the
necessary permits and meet the construction percent completion requirements
listed in the Conditional Use section of the LDR's.
26. The Board recommends that the applicant work on the placement of a fully
functional school zone on High Ridge Road in front of thc school. with Palm
Beach County Traffic Engineering authorization.
\:
.V
-"
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
MWR/kz
S :IPlan n inglSHARE D\ W PIPR OJE CTSllmag ine Charter SchoollCOU S\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Imagine Charter School at Boynton Beach
APPLICANT'S AGENT:
Bradley Miller, Miller Land Planning Consultants, Inc.
AGENT'S ADDRESS:
1501 Corporate Drive, Suite 240, Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 7,2009
TYPE OF RELIEF SOUGHT: Conditional UselNew Site Plan approval to construct a Charter School
(K-8) on a 4.22-acre parcel in a proposed R-2 zoning district.
LOCATION OF PROPERTY: West side of High Ridge Rd, approximately 0.25 mile north of Miner Rd
DRAWING(S): SEE EXHIBIT "C" 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 "0" 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\lmagine Charter School\ COU5\DO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
1. Final disposition of the April 28, 2009 Planning and Development
Board meeting agenda items.
Ed Breese, Principal Planner, reported the request for the Ocean 95 Exchange Plaza
Site Plan lime Extension was denied by the City Commission at its May 19, 2009 City
Commission meeting.
6. Old Business
None
7. New Business
Attorney Alexander administered the oath to all who would be testifying.
A. Imagine Charter School at Boynton Beach
Rezonina
Attorney Alexander noted the City Attorney was a member of the firm of Goren, Cheraf,
Doody and Ezra!. A partner within the firm represented Imagine Charter School. As
such, Attorney Alexander recused herself, and Attorney Leonard G. Rubin served as
Board Attorney with respect to this item.
(Attorney Alexander left the dais at 6:38 p.rn.)
1.
PROJECT:
Imagine Charter School at Boynton
Beach (REZN 09-002)
Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
New Urban High Ridge LLC
West side of High Ridge Road, approximately
0.25 miles north of Miner Road
Request to rezone from Planned Unit
Development (PUD) to the Single and
Two-Family Dwelling (R-2) zoning district.
AGENT:
OWNER:
LOCATION:
DESCRIPTION;
Imagine Charter School
Conditional Use
2.
PROJECT:
Imagine Charter School at Boynton
Beach (COUS 09-003)
Bradley Miller, AICP, Miller Land Planning
AGENT:
2
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
OWNER:
LOCATION:
DESCRIPTION:
Imagine Charter School
Height Exception
3.
PROJECT:
OWNER:
AGENT:
LOCATION:
DESCRIPTION:
Consultants, Inc.
New Urban High Ridge LLC
West side of High Ridge Road, approximately
0.25 miles north of Miner Road
Request for Conditional Use New Site Pia n
approval to construct a charter school on a
4.22-acre parcel in a proposed R-2 zoning
district.
Imagine Charter School at Boynton
Beach (HTEX 09-001)
New Urban High Ridge LLC
Bradley Miller, AICP, Miller Land Planning
West side of High Ridge Road, approximately
0.25 miles north of Miner Road
Request for a height exception of nine (9) feet
to allow decorative architectural features to
exceed the maximum building height of 25
feet, for a total of 34 feet at its highest point.
Chair Jaskiewicz suggested the three items be combined for discussion purposes, to be
followed by three separate motions at the conclusion of the discussion. Attorney Rubin
noted this was permissible.
Hanna Matras, Senior Planner, presented the rezoning request as set forth in the staff
report. The property owner previously requested a land use amendment and rezoning
of the site from Medium Density Residential to Industrial (I) and rezoning from Planned
Unit Development (PUD) to Industrial (M-l). In March 2009, staff was notified that a
4.22-acre parcel at the northern portion of the 18.44-acre property was to be sold to
MG/3 Developer Group to be developed as a charter school. As a result of the pending
purchase of the 4.22-acre parcel, the property owner had agreed to revise the Land Use
Amendment portion of the pending application prior to its submittal to the City
Commission for final adoption on June 22, 2009. The land use would remain as
Medium Density Residential, while the balance of the property would be reclassified to
Industrial (I) land use and the M-l Industrial District.
As the previous Planned Unit Development CPUD) zoning was no longer feasible, the
applicant requested to rezone the property from PUD to R-2, Single and Two-family
Dwelling District, which allowed the proposed use as a conditional use. Staff
3
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
recommended approval of the rezoning, as the request was consistent with the relevant
policies in the Comprehensive .Plan that allowed non-residential uses in residential land
use districts if the use was a community facility. The request was also consistent with
the policies of the Comprehensive Plan which encouraged the location of a public school
close to residential areas. The proposed amendment would be beneficial to the City:
given the shortage of public schools in the area and overcrowded classrooms, and
would not create an additional impact on infrastructure. The potential negative impact
on the surrounding residential neighborhoods could be minimized through adequate
screening and buffering in the project design.
In response to the inquiry of Chair Jaskiewicz, Ms. Matras noted the requested rezoning
would not affect the pending application to be presented to the City Commission on
June 22! 2009.
Kathleen Zeitler, Planner, presented the conditional use and new site plan approval
request set forth in the staff report. The proposed charter school would offer grades
kindergarten through eighth grade (K-8), with an anticipated enrollment of 900-1,000
students and would provide a needed transition of the industrial uses to the south and
residential uses to the north and east. Staff evaluated the application using the
conditional use review criteria. . The applicant had worked with staff to satisfy the
criteria, including ingress and egress, traffic flow, vehicle staCking and pedestrian
safety. Bus and car traffic had been separated as much as possible. Existing cars
would be directed south, away from Lake Worth Christian School. Pedestrian
connectivity would be provided, including a cross-walk on High Ridge Road. Staff had
recommended co~ditions of approval to mitigate the impacts and minimize conflicts
such as staggering school hours, providing expediters through peak student dropoff and
pickup times and. servicing dumpsters during non-school hours. Other site design
features included limiting parking lot lights to be more compatible with adjacent
residential areas and locating play areas away from residential areas to minimize noise.
Traffic concurrency for the project was still awaiting approval by Palm Beach County.
However, a condition of approval required that no building permits could be issued
without traffic concurrency approval.
The applicant had requested a nine-foot height exception for a small portion. of the
school building. The mass of the building would not exceed the R-2 district maximum
height limitation of 25 feet and would be compatible with the neighboring residential
properties. Architectural tower features located on the front and rear building
elevations, as well as the roof profile at the front entrance of the building would be 34
feet from ground level to their highest point.
4
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
The property would include buffers consisting of canopy and palm trees, hedges and
ground cover, and a combination of buffer walls and fencing to provide screening from
adjacent properti~s. More than 47% of the site would include pervious landscaped
area. The right-of-way east buffer is 10 feet wide with a three-foot berm, a six-foot
fence, trees and shrubs on both sides of the fence, and' a bioswale between the buffer
and the schooL The north and west buffer adjacent to the residenpal area is seven feet
high with a six-foot masonry buffer wall and heavy plantings. The south buffer is 2.5
feet high, but when the adjacent property to the south is developed as Industrial, an
additional IS-foot buffer would be required.
Based on the staff report analysis and compliance with development regulations and
conditional use standards, staff recommended the request for a conditional use be
approved, subject to all 24 conditions of approval. Staff also recommended a one-year
time period be provided to initiate the project.
Bradley Miller, Miller Land Planning Consultants, Inc., noted he represented MG/3.
He was in agreement with all 24 conditions of approval attached to the conditional use
application. Neither the rezoning nor the height exception requests included any
conditions. Also present were Architect Gus Carbonell, Traffic Engineer Glen Hanks,
Landscape Architect Leo Urban and Laura Mardyks, Principal of the existing charter
school in Lantana.
Mr. Miller reiterated the three-part application consisted of the rezoning from Planned
Unit Development (PUD) to R-2 for the northern four acres of Cln 18-acre parcel for
which an application was currently pending for Industrial use, removing four acres from
the property. MG/3 Developers Group had purchased the four: acres and was fully
committed to the four-acre site. The property was located halfway between Gateway
Boulevard to the south and Hypoluxo to the north. Miner Road was to the southern
portion of the 18 acres, 600 feet away from the site. To the south were light industrial
and commercial uses at Gateway Boulevard. The required buffers would be placed
around the perimeter seven feet to the north and 10 feet to the east along High Ridge
Road, to the south 2.5 feet and seven feet to the west. In addition to the landscape
buffer, there would be adjacent open space. Sunflower artwork would be placed on the
southwest corner of the property which was based on the logo for Imagine Schools.
The bioswale would be used for drainage and green designs were being promoted. A
play area would be located in the northern enclave of the building. The architectural
style to be used is Key West with Bahama shutters, tile roof and stucco finish.
The overall building was limited to 25 feet, and the applicant had complied with this
limitation. The architectural features would exceed the 2S-foot maximum by nine feet
and would require a height exception. However, the requested height exception was
only required for a small portion of the roof of the school building. .
5
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26,2009
Mr. Bradley noted that upon receipt of approvals, his team would begin the construction
drawings, with the intent of opening for the 2010 school year. Chair Jaskiewicz
inquired whether Mr. Bradley. would have any objection to a condition of approval
requiring permits be pulled or that the work commence within a year. Mr. Braqley did
not believe this would be an issue. He noted an 18-month period was provided for site
plan approvals, and in order to vest the project, a building permit was necessary, as
was the first inspection.
Chair Jaskiewicz opened the public hearing.
Edward Archer, 7383 High Ridge Road, understood a third access was to be provided
for emergency vehicles, as High Ridge Road was owned by the County.
Mr. Bradley explained another parcel had originally been considered for the schoo!
wherein the primary access point was High Ridge Road. The property was not in the
City of Boynton Beach and would require annexation. The legalities which arose in
annexing the property dealt with contiguous property already in the City and the issue
of compactness. An easement or third access point was required to provide emergency
access, and it had been necessary to approach the adjacent property owner for the
easement. Mr. Bradley was not aware of any need for three access points for the
property in question. In this instance, the property had already been annexed into the
City, and the legal issues of compactness and contiguity were not pertinent.
Glen Hanks, Glen Hanks Consulting Engineers, noted he was a registered Professional
Engineer and Traffic Operations Engineer. In March of 2009, he had received a letter
from Palm Beach County Traffic Engineering Division in response to his initial traffic
study. The County had not indicated any concerns regarding the two access points to
High Ridge Road.
Chair Jaskiewicz inquired whether traffic control would be necessary at dismissal times.
Mr. Hanks explained consideration was being given to extending the school zone from
Lake Worth Christian, which would impose a 20 mile-per-hour speed limit. The other
component considered was supervised crossing for pedestrians traversing High Ridge
Road. Mr. Bradley verified traffic control would be implemented. Imagine School held
operational control onsite. He contended the circulation pattern described earlier would
result in automobile and pedestrian safety and proVide access in the event of fire. Mr.
Hanks added the pickup operations at the school's current location were excell~nt and
ensured a smooth traffic flow. A component under consideration for the proposed site
was to eliminate merges and conflicting traffic motions. Normal rules of right-of-way
would apply.
6
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
Tara Archer noted she was the owner, along with Edward Archer and Jo Ann Archer,
of houses at 7361, 7381, 7383 and 7395 High Ridge Road. She was in favor of the
school if it were located on her property. The houses had been dormant w.ith the
understanding the Imagine School would be built on her proper:tY. Chair Jaskiewicz
pointed out that as a result Qf the current project, it was possible another prospect
would occur in the near future. Ms. Archer contended motorists had not complied with
the speed limit signage posted on High Ridge Road, nor were any signs posted, noting
the school hours. Chair Jaskiewicz suggested the City look into these issues.
Rachel Costigan, 6681 High Ridge Road, inquired whether the school would be
provided City or well water, and where the nearest fire hydrant and police and fire
stations were located.
Mr. Bradley responded potable and City water would be provided. The fire station was
located at Gateway and Congress, and the police station shared the City Hall location.
Chair Jaskiewicz noted construction of new fire and police stations were anticipated in
the near future. Mr. Bradley advised a fire hydrant was currently located on High Ridge
Road and two hydrants would be installed at the site.
No one else having come forward, the publiC hearing was closed.
Listed below are questions and/or comments from the Board and the responses
thereto:
. Would there be a 20 mile-an-hour school zone flasher? Would that be controlled
by the City or the County?
Mr. Hanks explained Palm Beach County controlled the thoroughfare road and it would
be at the discretio'n of Palm Beach County Traffic, Public Works and Land Development
whether to approve or disapprove any school signal or school zone flashers.
· Did the County, in its initial concurrency letter, indicate they would want a school
zone designation? . .
Mr. Hanks responded negatively, adding a meeting or discussion with the County would
be necessary in this regard. .
· It was suggested a condition be imposed directing the petitioner to ask the
County for a designated sChool zone.
7
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
Mr. Bradley noted. he could have discussions with Palm Beach County, and that would
be an acceptable condition. However, the decision would be at the discretion of the
County. Mr. Bradley believed everyone was in favor of making the area safe.
. It appeared people were being routed from the southeast to the northeast in a
clockwise motion. How would people travel north on High Ridge Road?
Mr. Hanks replied parents exiting the site would be required to turn south during peak
hours. Left turns were not encouraged because of the close proximity to the crosswalk.
Last-minute suggestions would be tweaked as discussions were held with the school
principal, and the team would continue to improve on the traffic circulation with City
staff and the City Engineer.
. Were there any driveways east of High Ridge Road?
Mr. Hanks replied there were no other driveways. The closest driveway was located
approximately 170 feet to the south which was the entrance to Cedar Ridge. A two-
way continual left-turn lane could be utilized by Cedar Ridge residents during their peak
hour of 5:00 p.m., and by the school for the northbound left turns during the school
peak hour of 3:45 p.m. As such, there would be no conflicting motion between the
incoming traffic to the residential and the school. As Lake Worth Christian's hours
commenced at 8:00 a.m. and dismissed at 2:50 p.m., and the charter school started at
9:00 a.m. and dismissed at 3:40 p.m., it was believed there would be no overlap of
peak-hour traffic.
. Upon dismissal times at Lake Worth Christian, are motorists directed to turn
north?
Mr. Hanks replied the signage called for right turns only.
. There should be a traffic light at High Ridge and Miner Roads.
. If traffic signals were installed, would the applicant contribute?
Mr. Hanks noted the applicant's team had taken a look at the intersection of Miner and
High Ridge Roads for the intersection criteria required by Palm Beach County. Pursuant
to the County's Critical Movement Analysis (CMA), the applicant had complied with the
County's current criteria.
. Boynton Beach residents pay taxes to Palm Beach County. As such, all City
residents should have input regarding signals on a County or City road.
8
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
. Do all grade schools in Palm Beach County automatically have school zone
markers?
Mr. Hanks advised in dealing with a charter school, some, but not all of the regulations
have to be met. The placement, number and spacing of school signals for school zones
would be pursued with the County.
. Have you t1ad any feedback from the neighbors at Lake Worth Christian and
Cedar Ridge to determine the manner in which the new school would be
welcomed?
To date, neither staff nor Mr. Bradley had any direct contact with the residents. Notice
of the proposed project had been provided by letter, posting onsite and in newspapers.
It was requested the issue addressed earlier by Mr. Archer be revisited. Mr. Archer
provided clarification regarding property ownership and his understanding as to the
third lane. He noted his property was not located within City limits. Mr. Bradley noted
at the time the applicant was pursuing the Archers' property, it had been revealed the
County would have objected to the applicant's annexation request as the issue of
compactness had not been satisfied. In addition, other issues existed with the Archers'
property. The County's attorney advised if an easement was obtained from the
adjacent property for the thirq connection, the County would recommend remo'ving its
objection to the annexation.
It was noted while several charter schools had opened within the City, it had been a
protracted period of time for the proposed school to open. The question was raised as
to the criteria required to open a charter school.
Laura Mardyks, 600 S. East Coast Avenue, Lantana, Principal at Chancellor Charter
School in Lantana (an Imagine School), noted negotiations began less than two years
ago, and it was hoped the new school would be built with ease and immediacy. In
order for a charter school to open, an authorizer (in this instance; Palm Beach County)
was necessary. A charter school was obligated to meet all benchmarks in proficiency
standards as determined by the State. Chancellor paid a fee of 5% of its total income,
which was based on State and Federal funding. Chancellor .served 550 students,
kindergarten through fifth grade (K-5). Ms. Mardyks shared concerns regarding 'the
traffic flow, and as such, school officials were vigilant and committed to the safety of
the students. The school also worked closely with the Lantana Police Departrl1ent to
ensure compliance with traffic flow and stacking requirements, and the new school
would work closely with the Boynton Beach Police Department as well. Chancellor was
marked by flashing lights. Chair Jaskiewizc hoped the flashing lights c6uld be
considered as a condition of approval for the new school and that a recommendation be
9
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, .2009
made to the County to designate the site as a school district. Chair Jaskiewicz inquired
whether the dism!ssal of earli~r grades had been considered. Ms. Mardyks noted the
school was going. to experiment with a staggered dismissal next year, dismissing by
grade level at lO-minute intervals.
It was questioned whether, the school was pursuing Leadership in Energy and
Environmental Design (lEED) certification for the construction materials and the
operation of the school. Mr. Bradley noted while lEED certifIcation had been discussed,
measures to begin the process had not been taken. He pointed out the design of the
bioswale was a step in the right direction.
Gus Carbonell, 1457 NE 4th Avenue, Architect, noted the landscaping had complied
with many of the Leadership in Energy and Environmental Design (LEED) requirements.
The building would be certifiable upon completion. At the present time, the glass in the
building had been tinted, concrete and other materials used were locally produced, the
wood roof was a renewable resource and many of the windows were shaded by
Bahama shutters.
It was noted the plans indicated the difference between the height of the parapet and
the roof was approximately four feet. It was not understood how the four towers and
gabled facade would screen mechanical equipment, and it was questioned whether the
towers were as high as they were in order to be seen from 1-95. Mr. Carbonell believed
the intent of the'towers was to proVide the building with movement. The varying
heights and accent features of the towers and gables added a "playful" touch and
reduced the monotony of the building. The mansard metal roof would hide the
equipment. Mr. Bradley noted the towers were proposed as an architectural feature
and were not intended to screen equipment. The gables, however, did screen the
mechanical equipment.
Below are additional questions and/or comments from the Board and the responses
thereto: '
. Is the roof metal?
Mr. Carbonell responded the roof had been changed with the last rendering from metal
to a flat cement tile, which was a richer material that would provide greater
permanency.
. Has the budget been established for the construction?
Mr. Carbonell noted the budget process had been ongoing for a number of months.
10
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
. The details and appearance and architectural details of the building should be
maintained during the development of the budget. What is the method of
construction of the building?
Mr. Carbonell noted the interior of the building would be tilt wall.
. Are there any phases planned as the 500 student capacity increased to 900?
Mr. Carbonell replied the construction would be completed at one time.
. Is there any possibility the site would be changed again?
Mr. Carbonell replied the project site had been locked in and the applicant had closed
on the land.
. How will the property be maintained over time?
Ms. Mardyks noted Imagine School was part of a national management company
located in 10 states, with five schools in Florida. Requests for Proposal (RFP) had been
solicited seeking one company to be responsible for the maintenance. Imagine ~chool's
standards were high and superseded those of publiC schools. She suggested the Board
review the following websites for information on the Imagine and Chancellor Charter
Schools: www.imagineschools.com and www.chancellorlantana.com.
Chair Jaskiewicz suggested conditions of approval be added requiring a permit be pulled
within one year and that a recommendation be made to the County that a school zone
be established at the site with the use of some type of signaling equipment. She
believed the County would accede to the recommendation.
Motion
Mr. Saberson moved to approve the request to rezone from Planned Unit Development
(PUD) to the Single and Two-Family Dwelling (R-2) zoning district. Mr. Barnes
seconded the motion.
Mr. lis noted he would vote if the rezoning was conditioned upon the approval of the
remaining two items. He did not believe the property should be rezoned without the
specific use and other conditions tied to the rezoning. Chair Jaskiewicz commented the
rezoning would preclude any other development on the subject property. Attorney
Rubin explained the rezoning was in place and the three items before the Boar.d were
based on separate criteria. In addition, the actions taken by the Board were in the
form of recommendations for Commission approval.
11
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
The motion passed unanimously.
Motion
Mr. Myatt moved to approve the request for a conditional use for a New Site Plan to
construct a charter school on a 4.22-acre parcel in a proposed R-2 zoning district,
subject to all staff comments and with the added comment that the Board recommend
a school zone be established in front of the school with the appropriate signalization to
make it as safe an environment as possible and that permits be pulled within one year.
Ms. Grcevik seconded the motion.
Mr. Barnes suggested the following substitute wording: ''The applicants have requested
the establishment of a school zone on High Ridge Road from Palm Beach County." Mr.
Myott accepted the language as an amendment to his motion. Mr. Barnes did not
believe the applicant should be required to pull a permit within a year, and that 18
months would suffice.
Attorney Rubin explained the conditional use section of the Code called for the
establishment of a time limitation in which the applicant would be required to construct
25% of the total cost of all improvements. The motion by the Board should include a
recommendation to the City Commission for a time limitation. Ms. Zeitler explained the
time limitation would provide the applicant a period of a year within which to establish
their site work prior to issuance of the building permits. As long as the applicant had
completed 25% of the site work, the one-year timeframe would be satisfied. A building
permit would be required to be pulled within 18 months for site plan approval.
Mr. Myott restated his motion as follows:
Motion
Mr. Myott moved to approve the request for a conditional use of a New Site Plan to
construct a charter school on a 4.22-acre parcel in a proposed R-2 zoning district,
subject to all staff comments, with the addition that a school zone be established
according to Palm Beach County standards, and that 25% of the improveme'nts be
made within a one-year time period.
Mr. Bradley expressed concern with the permit process. Attorney Rubin advised the
conditional use would expire unless the threshold set forth in the Code was met.
However, he believed a provision existed for an extension. It was suggested the
timeframe be amended to 18 months. Mr. Myott agreed to amend his motion to reflect
a time period of 18 months. Mr. Breese noted staff would be amenable to the 18-
12
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
month timeframe. However, he requested the motion be modified to reflect the County
would establish the designation of the school zone.
Motion
Mr. Myott moved to approve the request for a conditional use of a new site plan to
construct a charter school on a 4.22-acre parcel in a proposed R-2 zoning district, with
a school zone that complies to County approvals, that 25% of all the improvements be
made within an 18-month period, and that this approval is subject to all staff
comments. Mr. Saberson seconded the motion that passed unanimously.
Motion
Mr. Barnes moved to approve the request for a height exception of nine (9) feet to
allow decorative architectural features to exceed the maximum building height of 25
feet, for a total of 34 feet at its highest point. Ms. Killian seconded the motion that
passed unanimously.
7. New Business
(Attorney Alexander returned to the dais and resumed her position as Board Attorney at
8:34 p.m.)
B. Calvary Chapel
Master Plan Modification
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Calvary Chapel (MPMD 09-001)
David Frank of Precision Drafting & Design
Calvary Chapel of Boynton Beach, Inc.
3190 Hypoluxo Road
Request for approval of a modification of the
approved campus master plan increasing the
number of project phases from four to six to
include the addition of an interim (temporary
modular) school facility and a maintenance
building, and updating the project build-out
schedule.
Calvary Chapel
New Site Plan
2.
PROJECT:
Calvary Chapel (NWSP 09-002)
13
VIII.-PUBLIC HEARING
ITEM D.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
0 A ri121, 2009
0 Ma 5,2009
0 Ma 19,2009
0 June 2, 2009
[8) June 16, 2009
0 Jul 7,2009
0 Jul 21,2009
0 Au ust 4, 2009
Jul
NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
o Consent A enda
o
IZI Public Hearin
o
o New Business
o Le al
o Unfinished Business
o
Jul
RECOMMENDATION: Please place this request on the June 16, 2009 City Commission Agenda under
Public Hearing to coincide with the corresponding rezoning and conditional use I new site plan request. The Planning and
Development Board on May 26, 2009, recommended that the request be approved, subject to all staff comments. So that
fmal approval of the rezoning changes precede consideration of the height exception request, staff recommends that this item
be tabled to the July 7, 2009 meeting to follow final ordinance approval. For further details pertaining to this request, see
attached Department Memorandum No. 09-023.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCA nON:
DESCRIPTION:
Imagine Charter School at Boynton Beach (HTEX 09-001)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
New Urban High Ridge, LLC
West side of High Ridge Road, approximately 0.25 miles north of Miner Road
Request for a height exception of nine (9)-feet to allow decorative architectural features to
exceed the maximum building height of 25 feet, for a total of 34 feet at its highest point.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
Development Depa
~
City Manager's Signature
Assistant to City Manager ~'-f---
Planning and Zoning Director City Attorney I Finance
S:\Planning\SHARED\ WP\PROJECTS\Imagine Charter School\HTEX\Agenda Item Imagine Charter School at BB HTEX 09-001 6-16-09 for 7 -7 -09 .doc
~
/
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 09-023
Chair and Members
Planning & Developrn.ert Board and City Commission
Michael Rumpf t,~Lj~"
Director of Planning and Zoning
Kathleen Zeitler ~'7
Planner II
May 18, 2009
Imagine Charter School at Boynton Beach / HTEX 09-001
Height Exception
Property Owner:
Applicant:
Agent:
location:
Future land Use:
Zoning District:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
East:
High Ridge New Urban LLC
MG/3 Developer Group
Bradley D. Miller, AICP / Miller Land Planning Consultants, Inc.
West side of High Ridge Road, approximately 0.25 miles north of Miner Road (s'
Exhibit "Au - Site Location Map)
Medium Density Residential (MeDR)
Single-Family and Duplex Residential (R-2) proposed (see REZN 09-002)
Charter School (K-8)
4.22 acres (183,897 sf)
Single family homes in unincorporated Palm Beach County, designated Low
Density Residential (LR-2/ maximum 2 units per acre) and zoned Single Family
Residential (RS);
Undeveloped property (14 acres) designated Medium Density Residential (MeDR)
land use and zoned Planned Unit Development (PUD). This property is currently
subject to a pending application (LUAR 09-001) to amend the land use to
Industrial (I) and rezone to Light Industrial (M-l) for ultimate light industrial use;
further south is the right-of-way of Miner Road, then developed property (High
Ridge Commerce Center 2 flex warehouse space) designated Industrial (I) and
zoned Light Industrial (M-l);
The right-of-way of High Ridge Road, then, Cedar Ridge Estates, with singl
family homes and town homes designated Low Density Residential (LDR) and
zoned Planned Unit Development (PUD). To the southeast, High Ridge Commerce
Park, developed properties designated Industrial (I) and zoned Planned Industria!
Development (PID); and
Page 2
Imagine Charter School HTEX 09-001
Memorandum No. PZ 09-023
West:
To the west, undeveloped property (High Ridge Country Club) designated Low
Density Residential (LDR) and zoned R-1-AA Single Family Residential.
BACKGROUND
The applicant is proposing a two-story public charter school consisting of 56,553 square feet of total
building area for kindergarten through eighth grade (K-8) to accommodate an anticipated 900 to 1,000
students. The project is currently pending approval of a rezoning request (REZN 09-002) from Planned
Unit Development (PUD) to the Single- and Two-Family (Duplex) Residential (R-2) zoning district. In
addition, the subject property is also pending approval of a conditional use and new site plan (COUS 09-
003) for the school project. Approval of the height exception will be contingent upon the approval of
the accompanying requests for rezoning (REZN 09-002) and conditional use (COUS 09-003).
This application represents the applicant's request for a nine (9)-foot height exception. The
corresponding rezoning application requests the property be rezoned to R-2. The building height in the
R-2 zoning district is limited to 25 feet and the building cannot exceed two (2) stories. It should be
noted that the single-family homes built within the R-2 zoning district may be constructed up to 30 feet
in height. The proposed two-story school building as shown on the elevations is less than 25 feet in
height as measured to the top of the flat roof, and therefore the building complies with the maximum
allowable building height in the R-2 zoning district. However, there are certain elements of the building
that exceed the 25-foot threshold. Those elements are the subject of this request for height exception.
Noted exceptions to the maximum building height include noncommercial towers, church spires, domes,
cupolas, flagpoles, electrical and mechanical support systems, parapets, and similar structures. The
portions of the roof that require the height exception should consist of parapets, rooftop mechanical
equipment, elevator shafts, stairwells, and roof profiles, all of which are uninhabitable space. Typically,
parapet walls that conceal electrical and mechanical support systems are eligible to be considered for
height exceptions. Likewise, decorative architectural features attached to a building, such as bell
towers and cupolas, are structures eligible for height exceptions. However, the noted exceptions are
allowed only through obtaining approval from the City Commission.
In 2002, the City Commission approved a revised method for measuring building height based on roof
type. The goal of the new definition was to be consistent with current standards and to allow more
flexibility in building design. The definition for Building/Structure Height in Article II of the LDR states
that building height is measured to the deck line for mansard and parapet roofs of less than five (5)
feet in height. The definition also states that rooftop penthouses, stairwells, and mechanical and
electrical equipment are to be concealed by or constructed of exterior architectural materials or features
of the same type or quality used on the exterior walls of the main building, and such requests would be
analyzed against the review standards of Chapter 2, Section 4.F. of the Land Development Regulations.
PROPOSAL
The exterior building elevations indicate that the elevation from finished floor to the highest points of
the architectural features is 34 feet above ground level. Proposed architectural tower features located
on the front (east) and rear (west) building elevations, as well as the roof profile at the front entrance
of the building would be 34 feet from ground level to their highest point. The building elevations
indicate these architectural features would exceed the 25 foot maximum height by nine (9) feet and
therefore, would require a height exception (see Exhibits "B" - "B-2"). However, as shown on the roof
Page 3
Imagine Charter School HTEX 09-001
Memorandum No, PZ 09-023
plan, the requested height exception is only required for a small portion, less than eight percent: 8%),
of the entire roof of the proposed school building (see Exhibits "B-3" and "B-4"),
ANAL YSIS
The Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and
Exceptions, states that in considering an application for an exception to the district height regulation,
the City Commission shall make findings indicating the proposed exception has been studied and
considered in relation to specific standards. The agent has submitted a detailed justification statement
that addresses all of the specific standards applicable to a height exception (see Exhibit "c" ---
Justification Statement).
Per the Community Design Plan, rooftop equipment shall not be visible for a minimum distance of 600
feet. The decorative tower features and roof profile at the building entrance are proposed as a method
of screening the rooftop air conditioning equipment from view. The proposed decorative towers would
not have an adverse effect on the existing and proposed land uses and the mechanical equipment will
be screened in accordance with City code.
The proposed tower features on the front and rear of the building add to the Key West architecture and
would further accentuate the building entry and enhance the overall project dynamic. In addition, the
tower features contributing design elements that portray the illusion of a bell tower as would appear on
a schoolhouse. In addition, the proposed roofline variation would provide more of an aesthetic profile
than a large expanse of flat roofline. The building could function without the decorative towers,
however, it would be a plain, flat roofline, and omission of the tower features would be detrimental to
the building's overall design.
As evidenced by previous approvals, this request for height exception would not constitute a grant of
special privilege, nor would it impact adjacent properties, due to the small percentage of the overall
roof area that is subject to the height exception. In addition, the building setbacks from all property
lines, along with the proposed landscaping to the north and east will serve to mitigate the additional
height and provide for compatibility with adjacent properties. Staff concurs with the applicant's
justification statement (Exhibit "C"). The decorative tower features would not negatively impact
adjacent properties in terms of reducing light or air. The height exception would not adversely affect
property values in adjacent areas or adversely influence the living conditions in neighboring
communities. The decorative tower features and front entry roof profile would serve to screen rooftop
mechanical equipment as well as add to the aesthetic value and appeal of the project. Therefore, staff
has determined that the project meets the intent of all criteria itemized in Chapter 2, Section 4.F.3 of
the Land Development Regulations.
RECOMMENDATION
Based on the analysis contained herein, staff recommends that this request for a height exception of
nine (9) feet be approved, subject to the conditions of approval listed in Exhibit "D", Any conditions of
approval recommended by the Board or required by the City Commission will be placed in Exhibit "D"
accordingly.
S;IPlanningISHARED\WPIPROJECTSllmagine Charter SchoollHTEXIStaff Report.doc
EXHIBIT "A" - SITE LOCATION MAP
IMAGINE CHARTER SCHOOL - COUS 09-003/HTEX 09-001
R-1-AA
Not in City
Not in City
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MILLER
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CONSULTANTS, INC.
EXHIBIT lie'
1501 Corporate Drive
Suite #240
Boynton Beach, FL 33426
PHONE . 561.736.8838
FAX. 561.736.8079
Imagine Charter School at Boynton Beach
Height Exception Request
Justification Statement
March 16, 2009
A). Whether the height exception will have adverse effect on the existing and proposed land
uses.
The proposed architectural tower features requiring the height exception are located on
the east and west sides of the building. These structural features are required for aesthetic
purposes and are a small portion of the building roof structure. The height exception will
not have an adverse effect on the existing land use. We anticipate this project to have
a positive influence on the City and be considered an example for new development.
B). Whether the height exception is necessary.
The height exception is necessary to make the building aesthetically pleasing and create
a Key West style feel. The tower features break up the architectural facade and provide
character to the building.
C). Whether the height will severely reduce light and air in adjacent areas.
The building layout is in an "H" format which provides windows and light into all portions
of the building and creates courtyard areas that can be used for playground and
gathering space. These building features will not reduce light or air for the subject site and
adjacent areas.
D). Whether the height exception will be a deterrent to the improvement or development of
adjacent property in accord with existing regulations.
The property to the south is undeveloped and in the process of changing the land use to
Industrial and zoning to M-l. To the west is undeveloped and part of High Ridge Country
Club. To the north is scattered single family homes and to the east is the right of way for
High Ridge Road and single family homes and townhomes. The proposed building is
centrally located within the site and thus the height exception will have no impact on the
surrounding properties.
E). Whether the height exception will adversely affect property values in adjacent areas..
We believe that the proposed Imagine Charter school project will enhance property
values in the area by utilizing the R-2 zoning district development standards. Again, the
height exception is only to make it more aesthetically pleasing. The height exception will
not affect property values and will only increase the value of their property by having a
school nearby.
imagine CharTer School at Boynton Be::Ju
Height Exception Request - Justification Statement
March 16, 2009
F). Whether the height exception will adversely influence living conditions in the
neighborhood.
The proposed imagine Charter school will enhance the living conditions ir
neighborhood, Residents could have the opportunitv to sena their childrer- 1C tilis SC!
The requested height exception is to accommodate a structural building reouireme'l"
will not adversely influence living conditions in the neighborhood.
G). Whether the height exception will constitute a grant of special privilege to an individual
owner as contrasted with the public welfare.
Other property owners have the same right to utilize this section of the code os th-::
applicant for the Imagine Charter School, Each height exception request is reviewed Clnj
evaluated on its own merits. The requested height exception for Imagine Charter Sch:y):
will not grant a special privilege,
H). Whether sufficient evidence has been presented to justify the need for a height exception,
A site plan application and re-zoning application for the charter school hos beer
submitted for review by City staff. Included in the site plan package are architecturo!
elevations and floor plans illustrating the proposed building, including the architectura!
tower features that require the height exception, We believe that these features improve
the overall look at the building and project and that the above standards are justified
EXHIBIT "D"
Conditions of Approval
Project name: Imagine Charter School
File number: HTEX 09-001
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
Imagine Charter School HTEX 09-00]
Conditions of Approved
Page 2
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DEP ARTMENTS INCLUDE I REJEC r i
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Comments: None I X i
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ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS i
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--~ --... . --.---_.~--+---- --~ ---
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ADDITIONAL CITY COMMISSION CONDITIONS
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Comments: -" ---~---~--"_._._---------~._---+.- ---. _._---~~--_.- -
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To be determined. l
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S:\PlanningISHARED\WP\PROJECTSllmagine Charter School' I-ITEX\("OAuoc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Imagine Charter School at Boynton Beach
APPLICANT'S AGENT:
Bradley Miller, Miller Land Planning Consultants, Inc.
AGENT'S ADDRESS:
1501 Corporate Drive, Suite 240, Boynton Beach, Fl33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 7,2009
TYPE OF RELIEF SOUGHT: Height Exception approval to allow architectural tower features and the
roof profile for building entrance at a height of 34 feet, a total of nine (9)
feet above the 25 foot height limit in the R-2 zoning district, in
conjunction with the construction of a charter school with 56,553 square
feet of total building area.
LOCATION OF PROPERTY: West side of High Ridge Rd, approximately 0.25 mile north of Miner Rd
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 "D" 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\lmagine Charter School\ HTEX\DO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
OWNER:
LOCATION:
DESCRIPTION:
Imagine Charter School
Height Exception
3.
PROJECT:
OWNER:
AGENT:
LOCATION:
DESCRIPTION:
Consultants, Inc.
New Urban High Ridge lLC
West side of High Ridge Road, approximately
0.25 miles north of Miner Road
Request for Conditional Use New Site Plan
approval to construct a charter school on a
4.22-acre parcel in a proposed R-2 zoning
district.
Imagine Charter School at Boynton
Beach (HTEX 09-001)
New Urban High Ridge LLC
Bradley Miller, AICP, Miller Land Planning
West side of High Ridge Road, approximately
0.25 miles north of Miner Road
Request for a height exception of nine (9) feet
to allow decorative architectural features to
exceed the maximum building height of 25
feet, for a total of 34 feet at its highest pOint.
Chair Jaskiewicz suggested the three items be combined for discussion purposes, to be
followed by three separate motions at the conclusion of the discussion. Attorney Rubin
noted this was permissible.
Hanna Matras, Senior Planner, presented the rezoning request as set forth in the staff
report. The property owner previously requested a land use amendment and rezoning
of the site from Medium Density Residential to Industrial (I) and rezoning from Planned
Unit Development (PUD) to Industrial (M-l). In March 2009, staff was notified that a
4.22-acre parcel at the northern portion of the 18.44-acre property was to be sold to
MG/3 Developer Group to be developed as a charter school. As a result of the pending
purchase of the 4.22-acre parcel, the property owner had agreed to revise the Land Use
Amendment portion of the pending application prior to its submittal to the City
Commission for final adoption on June 22., 2.009. The land use would remain as
Medium Density Residential, while the balance of the property would be reclassified to
Industrial (I) land use and the M-l Industrial District.
As the previous Planned Unit Development (PUD) zoning was no longer feasible, the
applicant requested to rezone the property from PUD to R-2, Single and Two-family
Dwelling District, which allowed the proposed use as a conditional use. Staff
3
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
recommended approval of the rezoning, as the request was consistent with the relevant
policies in the Comprehensive ,Plan that allowed non-residential uses in residential land
use districts if the use was a community facility. The request was also consistent with
the policies of the Comprehensive Plan which encouraged the location of a public school
close to residential areas. The proposed amendment would be beneficial to tl)e City,
given the shortage of public schools in the area and overcrowded classrooms, and
would not create an additional impact on infrastructure. The potential negative impact
on the surrounding residential neighborhoods could be minimized through adequate
screening and buffering in the project design.
In response to the inquiry of Chair Jaskiewicz, Ms. Matras noted the requested rezoning
would not affect the pending application to be presented to the City Commission on
June 22, 2009.
Kathleen Zeitler, Planner, presented the conditional use and new site plan approval
request set forth in the staff report. The proposed charter school would offer grades
kindergarten through eighth grade (K-8), with an anticipated enrDllment of 900-1,000
students and would provide a needed transition of the industrial uses to the south and
residential uses to the north and east. Staff evaluated the application usir'\g the
conditional use review criteria. ' The applicant had worked with staff to satisfy the
criteria, including ingress and egress, traffic flow, vehicle stacking and pedestrian
safety. Bus and car traffic had been separated as much as possible. Existing cars
would be directed south, away from lake Worth Christian: School. Pedestrian
connectivity would be provided, including a cross-walk on High Ridge Road. Staff had
recommended conditions of approval to mitigate the impacts and minimize conflicts
such as staggering school hours, providing expediters through peak student dropoff and
pickup times and, servicing dumpsters during non-school hours. Other site design
features included limiting parking lot lights to be more compatible with adjacent
residential areas and locating play areas away from residential areas to minimize noise.
Traffic concurrency for the project was still awaiting approval by Palm Beach County.
However, a condition of approval required that no building permits could be issued
without traffic concurrency approval.
The applicant had requested a nine-foot height exception for a small portion. of the
school 'building. The mass of the building would not exceed the R-2 district maximum
height limitation of 25 feet and would be compatible with the neighboring residential
properties. Architectural tower features located on the front and rear building
elevations, as well as the roof profile at the front entrance of the building would be 34
feet from ground level to their highest point.
4
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
The property would include buffers consisting of canopy and palm trees, hedges and
ground cover, and a combination of buffer walls and fencing to provide screening from
adjacent properties. More than 47% of the site would include pervious landscaped
area. The right-of-way east buffer is 10 feet wide with a three-foot berm, a six-foot
fence, trees and shrubs on both sides of the fence, and a bioswale between the buffer
and the school. The north and west buffer adjacent to the residen~ial area is seven feet
high with a six-foot masonry buffer wall and heavy plantings. The south buffer is 2.5
feet high, but when the adjacent property to the south is developed as Industrial, an
additional 15-foot buffer would be required.
Based on the staff report analysis and compliance with development regulations and
conditional use standards, staff recommended the request for a conditional use be
approved, subject to all 24 conditions of approval. Staff also recommended a one-year
time period be provided to initiate the project.
Bradley Miller, Miller Land Planning Consultants, Inc., noted he represented MG/3.
He was in agreement with all 24 conditions of approval attached to the conditional use
application. Neither the rezoning nor the height exception requests included any
conditions. Also present were Architect Gus Carbonell, Traffic Engineer Glen Hanks,
Landscape Architect Leo Urban and Laura Mardyks, Principal of the existing charter
school in lantana.
Mr. Miller reiterated the three-part application consisted of the rezoning from Planned
Unit Development (PUD) to R-2 for the northern four acres of an is-acre parcel for
which an application was currently pending for Industrial use, removing four acres from
the property. MG/3 Developers Group had purchased the four acres and was fully
committed to the four-acre site. The property was located halfway between Gateway
Boulevard to the south and Hypoluxo to the north. Miner Road was to the southern
portion of the 18 acres, 600 feet away from the site. To the south were light industrial
and commercial uses at Gateway Boulevard. The required buffers would be placed
around the perimeter seven feet to the north and 10 feet to the east along High Ridge
Road, to the south 2.5 feet and seven feet to the west. In addition to the landscape
buffer, there would be adjacent open space. Sunflower artwork would be placed on the
southwest corner of the property which was based on the logo for Imagine Schools.
The bioswale would be used for drainage and green designs were being promoted. A
play area would be located in the northern enclave of the building. The architectural
style to be used is Key West with Bahama shutters, tile roof and stucco finish.
The overall building was limited to 25 feet, and the applicant had complied with this
limitation. The architectural features would exceed the 25-foot maximum by nine feet
and would require a height exception. However, the requested height exception was
only required for a small portion of the roof of the school building.
5
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, ,2009
Mr. Bradley noted that upon receipt of approvals, his team would begin the construction
drawingsl with the intent of opening for the 2010 school year. Chair Jaskiewicz
inquired whether Mr. Bradley, would have any objeq:ion to a condition of approval
requiring permits be pulled or that the work commence within a year. Mr. Braqley did
not believe tDis would be an issue. He noted an 18-month period was provided for site
plan approvals, and in order to vest the project, a building permit was necessary, as
was the first inspection.
Chair Jaskiewicz opened the public hearing.
Edward Archer, 7383 High Ridge Road, understood a third access was to be provided
for emergency vehicles, as High Ridge Road was owned by the County.
Mr. Bradley explained another parcel had originally been considered for the school
wherein the primary access point was High Ridge Road. The property was not in the
City of Boynton Beach and would require annexation. The legalities which arose in
annexing the property dealt with contiguous property already in the City and the issue
of compactness. An easement or third access point was required to provide emergency
access, and it had been necessary to approach the adjacent property owner for the
easement. Mr. Bradley was not aware of any need for three access points for the
property in question. In this instance, the property had already been annexed into the
City, and the legal issues of compactness and contiguity were not pertinent.
Glen Hanks, Glen Hanks Consulting Engineers, noted he was a registered Professional
Engineer and Traffic Operations Engineer. In March of 2009, he had received a letter
from Palm Beach County Traffic Engineering Division in response to his initial traffic
study. The County had not indicated any concerns regarding the two access points to
High Ridge Road.
Chair Jaskiewicz inquired whether traffic control would be necessary at dismissal times.
Mr. Hanks explained consideration was being given to extending the school zone from
Lake Worth Christianl which would impose a 20 mile-per-hour speed limit. The other
component considered was supervised crossing for pedestrians traversing High Ridge
Road. Mr. Bradley verified traffic control would be implemented. Imagine School held
operational control onsite. He contended the circulation pattern described earlier would
resl.!.l~ .in automobile and pedestrian safety and provide access in the event of fire. Mr.
Hanks added the pickup operations at the schooPs current locatio,n were excellcint and
ensured a smooth traffic flow. A component under consideration for the proposed site
was to eliminate merges and conflicting traffic motions. Normal rules of right-at-way
would apply.
6
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
Tara Archer noted she was the owner, along with Edward Archer and Jo Ann Archer,
of houses at 7361, 7381, 7383 and 7395 High Ridge Road. She was in favor of the
school if it were located on her property. The houses had been dormant with the
understanding the Imagine School would be built on her property. Chair Jaskiewicz
pointed out that as a result Qf the current project, it was possible another prospect
would occur in the near future. Ms. Archer contended motorists had not complied with
the speed limit signage posted on High Ridge Road, nor were any signs posted, noting
the school hours. Chair Jaskiewicz suggested the City look into these issues.
Rachel Costigan, 6681 High Ridge Road, inquired whether the school would be
provided City or well water, and where the nearest fire hydrant and police and fire
stations were located.
Mr. Bradley responded potable and City water would be provided. The tire station was
located at Gateway and Congress, and the police station shared the City Hall location.
Chair Jaskiewicz noted construction of new fire and police stations were anticipated in
the near future. Mr. Bradley advised a fire hydrant was currently located on High Ridge
Road and two hydrants would be installed at the site.
No one else having come forward, the public hearing was closed.
Listed below are questions and/or comments from the Board and the responses
thereto:
. Would there be a 20 mile-an-hour school zone flasher? Would that be controlled
by the City or the County?
Mr. Hanks explained Palm Beach County controlled the thoroughfare road and it would
be at the discretio'n of Palm Beach County Traffic, Public Works and Land Development
whether to approve or disapprove any school signal or school zone flashers.
. Did the County, in its in!tial concurrency letter, indicate they would want a. school
zone designation?
Mr. Hanks responded negatively, adding a meeting or discussion with the County would
be necessary in this regard.
. It was suggested a condition be imposed directing the petitioner to ask the
County for a designated school zone.
7
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
Mr. Bradley noted.he could have discussions with Palm Beach County, and that would
be an acceptable condition. However, the decision would be at the discretion of the
County. Mr. Bradley believed everyone was in favor of making the area safe.
. It appeared people were being routed from the southeast to the northeast in a
clockwise motion. How would people travel north on High Ridge Road?
Mr. Hanks replied parents exiting the site would be required to turn south during peak
hours. Left turns were not encouraged because of the close proximity to the crosswalk.
Last-minute suggestions would be tweaked as discussions were held with the school
principal, and the team would continue to improve on the traffic circulation with City
staff and the City Engineer.
. Were there any driveways east of High Ridge Road?
Mr. Hanks replied there were no other driveways. The closest driveway was located
approximately 170 feet to the south which was the entrance to Cedar Ridge. A two-
way continual left-turn lane could be utilized by Cedar Ridge residents during their peak
hour of 5:00 p.m., and by the school for the northbound left turns during the school
peak hour of 3:45 p.m. As such, there would be no conflicting motion between the
incoming traffic to the residential and the school. As Lake Worth Christian's hours
commenced at 8:00 a.m. and dismissed at 2:50 p.m., and the charter school started at
9:00 a.m. and dismissed at 3:40 p.m., it was believed there would be no overlap of
peak-hour traffic.
. Upon dismissal times at lake Worth Christian, are motorists directed to turn
north?
Mr. Hanks replied the signage called for right turns only.
. There should be a traffic light at High Ridge and Miner Roads.
. If traffic signals were installed, would the applicant contribute?
Mr. Hanks noted the applicant's team had taken a look at the intersection of Miner and
High Ridge Roads for the intersection criteria required by Palm Beach County. Pursuant
to the County's Critical Movement Analysis (CMA), the applicant had complied with the
County's current criteria.
. Boynton Beach residents pay taxes to Palm Beach County. As such, all City
residents should have input regarding signals on a County or City road.
8
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
. Do all grade schools in Palm Beach County automatically have school zone
markers?
Mr. Hanks advised in dealing with a charter school, some, but not all of the regulations
have to be met. The placement, number and spacing of school signals for school zones
would be pursued with the County.
. Have you had any feedback from the neighbors at Lake Worth Christian and
Cedar Ridge to determine the manner in which the new school would be
welcomed?
To date, neither staff nor Mr. Bradley had any direct contact with the residents. Notice
of the proposed project had been provided by letter, posting onsite and in newspapers.
It was requested the issue addressed earlier by Mr. Archer be revisited. Mr. Archer
provided clarification regarding property ownership and his understanding as to the
third lane. He noted his property was not located within City limits. Mr. Bradley noted
at the time the applicant was pursuing the Archers' property, it had been revealed the
County would have objected to the applicant's annexation request as the issue of
compactness had not been satisfied. In addition, other issues existed with the Archers'
property. The County's attorney advised if an easement was obtained from the
adjacent property for the third connection, the County would recommend removing its
objection to the annexation.
It was noted while several charter schools had opened within the City, it had been a
protracted period of time for the proposed school to open. The question was raised as
to the criteria required to open a charter school.
Laura Mardyks, 600 S. East Coast Avenue, Lantana, Principal at Chancellor Charter
School in Lantana (an Imagine School), noted negotiations began less than wo years
ago, and it was hoped the new school would be built with ease and immediacy. In
order for a charter school to open, an authorizer (in this instance; Palm Beach County)
was necessary. A charter school was obligated to meet all benchmarks in proficiency
standards as determined by the State. Chancellor paid a fee of 5% of its total income,
which was based on State and Federal funding. Chancellor served 550 students,
kindergarten through fifth grade (K-5). Ms. Mardyks shared concerns regarding the
traffic flow, and as such, school officials were vigilant and committed to the safety of
the students. The school also worked closely with the Lantana Police Department to
ensure compliance with traffic flow and stacking requirements, and the new school
would work closely with the Boynton Beach Police Department as well. Chancellor was
marked by flashing lights. Chair Jaskiewizc hoped the flashing lights c6uld be
considered as a condition of approval for the new school and that a recommendation be
9
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, '.2009
made to the County to designate the site as a school district. Chair Jaskiewicz inquired
whether the dismissal of earli~r grades had been considered. Ms. Mardyks noted the
school, was going, to experiment with a staggered dismissal next year, dismissing by
grade level at 10-minute intervals.
It was questioned whether .the school was pursuing leadership in Energy and
Environmental Design (LEED) certification for the ,construction materials and the
operation of the school. Mr. Bradley noted while lEED certification had been disc:ussed,
measures to begin the process had not been taken. He pointed out the design of the
bioswale was a step in the right direction.
Gus Carbonell, 1457 NE 4th Avenue, Architect, noted the landscaping had complied
with many of the Leadership in Energy and Environmental Design (LEED) requirements.
The building would be certifiable upon completion. At the present time, the glass in the
building had been tinted, concrete and other materials used were locally produced, the
wood roof was a renewable resource and many of the windows were shaded by
Bahama shutters.
It was noted the plans indicated the difference between the height of the parapet and
the roof was approXimately four feet. It was not understood how the four towers and
gabled facade would screen mechanical equipment, and it was questioned whether the
towers were as high as they were in order to be seen from 1-95. Mr. Carbonell believed
the intent of the' towers was to provide the building with movement. The varying
heights and accent features of the towers and gables added a IIplayful" touch and
reduced the monotony of the building. The mansard metal roof would hide the
equipment. Mr. Bradley noted the towers were proposed as an architectural. feature
and were not intended to screen equipment. The gables, however, did screen the
mechanical equipment.
Below are additional questions and/or comments from the Board and the responses
thereto: '
. Is the roof metal?
Mr. Carbonell responded the roof had been changed with the last rendering from metal
to a flat cement tile, which was a richer material that would provide greater
permanency.
. Has the budget been established for the construction?
Mr. Carbonell noted the budget process had been ongoing for a number of months.
10
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
. The details and appearance and architectural details of the building should be
maintained during the development of the budget. What is the method of
construction of the building?
Mr. Carbonell noted the interior of the building would be tilt wall.
. Are there any phases planned as the 500 student capacity increased to 900?
Mr. Carbonell replied the construction would be completed at one time.
. Is there any possibility the site would be changed again?
Mr. Carbonell replied the project site had been locked in and the applicant had closed
on the land.
. How will th~ property be maintained over time?
Ms. Mardyks noted Imagine School was part of a national management company
located in 10 states, with five schools in Florida. Requests for Proposal (RFP) had been
solicited seeking one company to be responSible for the maintenance. Imagine $chool's
standards were high and superseded those of public schools. She suggested the Board
review the following websites for information on the Imagine and Chancellor Charter
Schools: www.imagineschools.com and www.chancellorlantana.com.
Chair Jaskiewicz suggested conditions of approval be added requiring a permit be pulled
within one year and that a recommendation be made to the County that a school zone
be established at the site with the use of some type of signaling equipment. She
believed the County would accede to the recommendation.
Motion
Mr. Saberson moved to approve the request to rezone from Planned Unit Development
CPUD) to the Single and Two-Family Dwelling (R-2) zoning district. Mr. Barnes
seconded the motion.
Mr. lis noted he would vote if the rezoning was conditioned upon the approval of the
remaining two items. He did not believe the property should be rezoned without the
specific use and other conditions tied to the rezoning. Chair Jaskiewicz commented the
rezoning would preclude any other development on the subject property. Attorney
Rubin explained the rezoning was in place and the three items before the Boarn were
based on separate criteria. In addition, the actions taken by the Board were in the
form of recommendations for Commission approval.
11
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
The motion passed unanimously.
Motion
Mr. Myott moved to approve the request for a conditional use for a New Site Plan to
construct a charter school on a 4.22-acre parcel in a proposed R-2 zoning district,
subject to all staff comments and with the added comment that the Board recommend
a school zone be established in front of the school with the appropriate signalization to
make it as safe an environment as possible and that permits be pulled within one year.
Ms. Grcevik seconded the motion.
Mr. Barnes suggested the following substitute wording: ''The applicants have requested
the establishment of a school zone on High Ridge Road from Palm Beach County." Mr.
Myatt accepted the language as an amendment to his motion. Mr. Barnes did not
believe the applicant should be required to pull a permit within a year, and that 18
months would suffice.
Attorney Rubin explained the conditional use section of the Code called for the
establishment of a time limitation in which the applicant would be required to construct
25% of the total cost of all improvements. The motion by the Board should include a
recommendation to the City Commission for a time limitation. Ms. Zeitler explained the
time limitation would provide the applicant a period of a year within which to establish
their site work prior to issuance of the building permits. As long as the applicant had
completed 25% of the site work, the one-year timeframe would be satisfied. A building
permit would be required to be pulled within 18 months for site plan approval.
Mr. Myott restated his motion as follows:
Motion
Mr. Myott moved to approve the request for a conditional use of a New Site Plan to
construct a charter school on a 4.22-acre parcel in a proposed R-2 zoning district,
subject to all staff comments, with the addition that a school zone be established
according to Palm Beach County standards, and that 25% of the improveme'nts be
made within a one-year time period.
Mr. Bradley expressed concern with the permit process. Attorney Rubin advised the
conditional use would expire unless the threshold set forth in the Code was met.
However, he believed a provision existed for an extension. It was suggested the
timeframe be amended to 18 months. Mr. Myott agreed to amend his motion to reflect
a time period of 18 months. Mr. Breese noted staff would be amenable to the 18-
12
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
month timeframe. However, he requested the motion be modified to reflect the County
would establish the designation of the school zone,
Motion
Mr. Myott moved to approve the request for a conditional use of a new site plan to
construct a charter school on a 4.22-acre parcel in a proposed R-2 zoning district, with
a school zone that complies to County approvals, that 25% of all the improvements be
made within an is-month period, and that this approval is subject to all staff
comments. Mr. Saberson seconded the motion that passed unanimously.
Motion
Mr. Barnes moved to approve the request for a height exception of nine (9) feet to
allow decorative architectural features to exceed the maximum building height of 25
reet, for a total of 34 feet at its highest point. Ms. Killian seconded the motion that
passed unanimously.
7. New Business
(Attorney Alexander returned to the dais and resumed her position as Board Attorney at
8:34 p.rn)
B. Calvary Chapel
Master Plan Modification
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Calvary Chapel
New Site Plan
2.
PROJECT:
Calvary Chapel (MPMD 09-001)
David Frank of Precision Drafting & Design
Calvary Chapel of Boynton Beach, Inc.
3190 Hypoluxo Road
Request for approval of a modification of the
approved campus master plan increasing the
number of project phases from four to six to
include the addition of an interim (temporary
modular) school facility and a maintenance
building, and updating the project build-out
schedule.
Calvary Chapel (NWSP 09-002)
13
f(r;
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
IX. - CITY MANAGER'S
REPORT
ITEM A
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to Citv Clerk's Commission Meeting Dates Turned in to Citv Clerk's
Dates Office Office
0 April 21, 2009 April 6, 2009 (Noon) ~ June 16, 2009 June 1, 2009 (Noon)
0 May 5, 2009 April 20, 2009 (Noon) 0
0 May 19, 2009 May 4,2009 (Noon) 0
0 June 2, 2009 May 18,2009 (Noon) 0
0 Announcements/Presentations ~ 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:
Informational item - Presentation regarding the upcoming Central Seacrest Corridor Potable Water and
Stormwater Improvement Project
EXPLANATION:
The Central Seacrest Corridor project will replace all of the substandard water mains in the project area
with new, 6-inch diameter or larger water mains, and relocate all water meters from rear easements to the
front of each parcel. This activity is intended to improve water flow, pressure and quality; provide
improved fire protection; and improve access to water meters and service lines.
The project also includes re-shaping all swales within the area, installing exfiltration piping where needed
for stormwater capture and treatment, and resurfacing all roadways impacted by the construction. The
stormwater system improvements will require the removal of all un-permitted paved areas in the swale
sections, so as to restore the stormwater system to achieve adequate treatment of stormwater, and also
meet minimum drainage criteria. Locations where the grassy area has been paved over will have the
pavement removed, and the area restored to its original, unpaved condition. This will serve to improve
stormwater management, and also improve the appearance of the neighborhood community.
Un-permitted construction within a city right-of-way creates problems for the City in many ways. It can be
unsightly, unsafe, and detrimental to the environment. If allowed to proliferate, the spread of un-permitted
construction can eventually turn a good neighborhood into an unattractive area.
In the portion of the City east of 1-95, the City right-of way is generally the area included between the back
edge of sidewalks, and including the sidewalks. Where a grassy area exists between the sidewalk and the
roadway, that grassy area is part of the right-of-way, and is designed to capture and percolate stormwater
into the ground. This allows the soil to remove pollutants from the stormwater, and also to recharge the
aquifer so that the City's wellfields can continue to be productive. If those grassy areas are paved with
asphalt or concrete, or f"Illed with compacted rock to allow parking, they become ineffective at capturing
and treating stormwater. They can also become an eyesore to the community, and create dangerous traffic
movements when parking or backing.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM, DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
The enclosed aerial photos show two views of some of these paved areas between the sidewalk and roadway
in the Central Seacrest Corridor project area. The first represents the current situation, showing the area
as paved. The second view is an artistic rendition ofthe first view, but with grass in place ofthe paved
area. These "before and after" renditions provide an indication of how the appearance of the area will be
improved.
PROGRAM IMPACT:
Replacement and refurbishing of the potable water and storm water systems in the project area will reduce
the frequency of repairs on the potable water system, and provide enhanced service to customers. The
stormwater system modifications will increase percolation rates, reduce ponding outside of the swales, and
increase stormwater recharge to the aquifer system, thereby providing added protection against salt-water
intrusion.
FISCAL IMPACT:
Approximately 11.5 million dollars, Sufficient funds are available in the Utilities CIP budget for FY 2008-
09, and the subsequent years necessary to complete this multi-year project.
AL TERNA TIVES:
. Delete one or more features of the project
. Redesign the stormwater system to provide an alternate, more expensive method of treatment
n disposal
l~~-
Department Head's Signature
, / /J
~~4
City Manager's Signatur~
Assistant to City Manager.:#
Utilities
Department Name
City Attorney / Finance
Xc: Peter Mazzella (wi copy of attachments)
Michael Low
Chris Roschek. P.E.
File
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
IX. - CITY MANAGER'S
REPORT
ITEM B
Requested City
Commission Meetin[!:
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
o A ril2!. 2009
o Ma 5,2009
o 19,2009
o June 2. 2009
[g! June 16,2009
0 Jul 7,2009
0 Jul 21,2009 Ju1
0 Au ust 4, 2009 Jul
0 Announcements/Presentations [g! City Manager's Rel'ort
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: Review of Span of Control Analysis
EXPLANATION: As part of the budget process for Fiscal 2009-2010 staff has conducted a span of control analysis. This is
not an organizational chart. The span of control analysis looks at the staffing relationships in departments to determine if the
level of supervision is adequate or if changes are needed, Overall, the basic span of control relationships are good and there
are a few minor issues that need addressing. Based on a preliminary review the following basic issues have been identified:
Assistant City Manager - In addition to be the acting City Manager in the absence of the City Manager, the Assistant City
Manager is also responsible for the supervision of eight departments and has eleven employees who are direct reports, This
may be too many persons, One option would be to fold the Golf Course into the Recreation Department as a division of that
department.
Library - The Assistant Director is also second in command for overall operations of the Library, The chart as shown does
not reveal this additional role, No changes are needed but the relationship needs to be disclosed,
Recreation and Parks - There are Parks Maintenance staff that report to the Recreation Supervisors of the Civic Center and
the Tennis Center. These positions should report to the Parks Manager, Park maintenance resources may be shared more
fully and an evaluation of work load completed for staffing levels.
Development Department - The Administrative Assistant supervision of the Imaging Program needs to be reviewed to make
sure that the job requirements for this position can include this function, Overall, a review of clerical support in the
Development Department should be reviewed to determine if there are assignments to other departments on a temporary basis
that could be accommodated while the building activity is down, There has already been re-assignment of one position to the
Finance Department.
Police Department - The position of Sergeant reporting to the Lieutenant responsible for supervision of Communications and
Records may be redundant. More review of this position is needed,
Utilities - The Crew Leader Senior in the Wastewater Division is shown as supervising eight individuals, This appears to be
out of the norm and not in line with other Crew Supervisor Seniors not supervising this many personnel. In the Water
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM,DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Distribution Division, a Crew Leader Senior is supervising seven individuals while an Assistant Supervisor in the same
division is also supervising six individuals, In short, the Crew Leader Senior may not be the appropriate level to supervise In d
manner that appears to be similar to the responsibilities of an Assistant Supervisor. This may be a temporary situation that
needs to be addressed, There may be some opportunities to consolidate field operations in Utilities, As a practical matter.
due to vacancies, the field operations are being consolidated with multi-functional teams, not a bad idea, Overall, a review l'(
clerical support in the Utility Department should be reviewed as well.
PROGRAM IMPACT: This is an ongoing review of operations that will require possible revisions,
FISCAL IMPACT: Not available at this time,
ALTERNATIVES: Not applicable
"'~~;;;'~d'S S;gnatu"
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City Manager's Signature '; ,_
Assistant to City Manager ___--7f:~-.
Department Name
City Attorney ,I Finance
S\BlILLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
. Overview and goals of project
. · Define project area
· Project expectations
· Project schedule
· Improvement benefits
1
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. Overview and goals of project
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Overview of Project
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Potable Water
. To improve water pressure and quantity
. To improve water quality
. To replace old and damaged pipelines
. To improve fire protection by adding more hydrants
Neighborhood Improvements
. Install/Replace sidewalks and driveway aprons
. Provide roadway overlay
Stormwater
. To reduce nuisance flooding after small storms
. To help improve water quality by adding surface swales
2
Project Goals
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Potable Water
· Replace undersized and old water lines throughout
neighborhood with new, larger pipes
· Replace water lines from rear easements to allow ease
of maintenance
Stormwater
· Add stormwater collection and disposal features in
areas prone to flooding
· Restore swales to provide stormwater storage
· Removal of unpermitted pavement in right-of-ways
· Define project area
.
.
.
3
Project Location
Golf Road
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. Project expectations
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Project Expectations
Short term traffic flow impacts
. Swale modifications/loss of parking
- Removal of unpermitted pavement
- Replacement/removal of some landscape
and irrigation piping in swale areas
. Code enforcement
5
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· Project schedule
.
Estimated Project Schedule
Activity Date Total Time
Advertise July 1, 2009 Month 1
Open Bids August 1, 2009 Month 2
Construction September 1, 2009 Month 3
Project Completion September 1, 2011 Month 27
6
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· Improvement benefits
Improvement Benefits to the
Community
· Enhanced recharge for surficial aquifer
. Improved drainage relieves flooding
· Streets are safer with improvements
. Increased property values
. Improved appearance of roadways
and swales
7
Existing Right-of-Way Profile
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Improvement Benefits to the
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CITY MANAGER
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City Clerk
Deputy
City Clerk
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Admin. Office Recording
Assoc. Assistant Secretary
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Manager
Assistant Golf Course
Superintendent
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Mechanic
Assistant
Mechanic
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Admin.
Assistant
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I 1 I 1 I I I I
Network Admin. Programmer/ Utilities Sys. Computer Sup. GIS Intern. Senior GIS GIS
(4) Analyst Administrator Specialist (2) (P.T.) GIS Analyst Analyst Addressing Webmaster
Analyst *
*(Fnd. by Bldg.)
Video Prod.
Specialist
Library Director
I I I I I I
Administration Division Head librarian library Division Head librarian Library Technology Museum/Special library
Admin. Assistant (Cust. Svcs. Tech.Svcs';COALA) Archivist (Public Svcs. Reference) Network Admin. Services Coord. Assistant Director
I 1 I I I I r I , I
Accounting library Aide Library Assoc. library Aide Library Page Catalog Librarian librarian library Tech. Admin. Museum Youth Svcs. Youth Program Teen Svcs.
Tech., Sr. (1.25) (4) (2.5) (3) (Support Svcs.) (Adult Svcs.) Spec. (2) Secreta ry Staff librarian Assistant (2) librarian
(1.5)
,
Admin. Assoc. Library Aide Catalog
(2) (1. 5) Librarian
( .5)
Development
Director
I
Community Improvement Division Development
Manager Assistant Director
I I I I
Affordable Admin. Const. Building Division Administrative Planning & Zoning
Housing Secretary Coord. Building Official Assistant Director
Administrator (2)
I I 1 I
Deputy Building Fee Administrative Chief Field Admin. Imaging Office Zoning & Business Tax Forestry Administrative Planner Principal
Official Coordinator Assistant Inspector Assoc. Technician Assistant Manager Environmentalist Assistant Senior Planner
* *
*(Utilities funded)
T I I I I I I I I
Multi-Disc. Plan Review Plan Review Application Admin. Office Records Bldg. Field Bldg. Field Multi-Disc. Plans Review Business Administrative Record Application Planner II
Plan. Rev. Analyst, Sr. Analyst Technician Assoc. Assist. Spec. Insp., Sr. Inspector Bldg. Field Analyst, Sr. Inspector Associate (2) Specialist Technician (2)
Analyst (3) (4) (2) (2) Insp. (2)
--
Risk
Manager
I I
Claims Environmental &
Administrator Safety Coord.
Insurance
Claim
Specialist
Financial Services
Director
I I
Budget Revenue Financial Services Purchasing Warehouse
Manager Manager Deputy Director Agent Manager
I I I I I I I I I
Accounting Accountant Accounting Accounting Accounts Payroll Payroll Buyer Warehouse Senior Storekeeper Service
Technician Technician Technician Payable Administrator Technician Assistant Storekeeper Writer
(5) (P.T.) Technician Manager
Operations & Professional Development
Deputy Chief
Emergency Battalion Chief
Medical Shift A
Coordinator
Battalion Chief Battalion Chief
Shift B Shift C
Captain (2)
Company
Lietenant (8)
Firefighter/
Paramedic
(30)
Captain (2)
Company
Lietenant (8)
Firefighter/
Paramedic
(30)
Captain (2)
Company
Lietenant (8)
Firefighter/
Paramedic
(30)
Training & Safety
Division Chief
Admin. Assoc.
Training
Fire
Chaplain
Administration & Finance
Division Chief
Admin. Assoc.
Payroll
Info. & Comm.
Coordinator
Fire & EMS Services
Director (Chief)
Admin. Assoc.
Administration
Community ReI.
Specialist
ssistant to the
Director
Admin. Assoc
Billing
Administrative
Assistant
Student
Clerk
(P.T.)(.58)
Fire & Life Safety Bureau
Deputy Chief Fire Marshal
Fire Protection Engineer/
Fire Plans Engineer
Assistant
Fire Marshal
(4)
Fire
Inspector
(2)
Fire Protection Engineer/
Systems Specialist
"I
Human Resources
Director
-
I
Human Resources Human Resources Administrative
Assistant Director Ana Iyst Assistant
I I I I I
Benefits Human Resources Administrative Recruitment / Student
Administrator Specialis Assistant Employment Clerk
Coordinator (P.T.)
PoliceD*f'
I~~I
Facilities Management Div.
Supervisor
Crew Suprvisor
(Trades/Mech.)
Public Works & Engineering
Director
~
I
I
I
I
Public Works
Assistant Director
Fleet Maint. Div,
Administrator
Solid Waste Div.
Manager
Crew Suprvisor
Crew Suprvisor
Streets Maint.
Sign & Mrkg,
Technician
Crew Suprvisor
(Recyc. & Com, Dmptr,)
Crew Suprvisor
(Recyc. & Com. Dumpster)
Equip, Operator.
Senior (8)
Equip, Operator
(5)
Equip, Operator,
Senior (10)
Equip. Operator
(3)
Engineering Division
Assistant Director
Engineering Plans
Analyst/Inspector
I
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U
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
IX. - CITY MANAGER'S
REPORT
ITEM C
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 21, 2009 April 6, 2009 (:Noon) [gI June 16, 2009 June I, 2009 (:Noon)
0 May 5, 2009 April 20, 2009 (:Noon) 0 July 7, 2009 June IS, 2009 (Noon)
0 May 19, 2009 May 4, 2009 (Noon) 0 July 21,2009 July 6, 2009 (Noon)
0 June 2, 2009 May 18,2009 (Noon) 0 August 4, 2009 July 20, 2009 (Noon)
0 Announcements/Presentations [gI 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: Review of2009 Program Analysis - REVISED 6/11/09
EXPLANATION: This is an update of the 2007 Program Analysis with revised cost data and
identification of new programs from 2007 to 2009. The net difference in programs was an increase from
684 programs in 2007 to 710 programs in 2009. However, that does not tell the whole story. Between
2007 and 2009, the City made major revisions in programs. For example City Hall in the Mall was
closed (9 programs) and there are a new programs based in the Sims Center, Intracoastal Clubhouse and
the Wilson Pool. (33 programs). There were other areas of adding and subtracting programs. As with
the 2007 review, there are four different types of programs as follows:
CATEGORIES:
ES: Essential Services
Functions that address the safety, survival and
health of the citizens/employees and is
essential to the department's purpose.
SS: Social Service
Functions that address the social welfare of the
citizens/employees and serves the
department's purpose.
OS: Discretionary Service
Functions that contribute to the well-being,
convenience, and quality of life of the
citizen/employee and services the department's
purpose.
PE: Program Enhancements Functions that enhance the department,
division, or City's primary purpose and services.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Each program/project was ranked using the following criteria:
10 Mandated by law
8 Necessary to meet the department's essential purpose
6 Essential to support other service(s) or functions in the City - (explain)
4 Contributes> 50% value to the department's purpose
2 Has limited Value i.e. contributes 20%-49% value to the department's
purpose
Note: The numbers 1, 3, 5, 7, and 9 are left undefined to allow for gradations.
Each program or project was then evaluated as to status or disposition using the following code:
1. Retain in current state
2. Reduce cost
3. Increase revenue
4. Outsource internal
5. Outsource external
6. Improve process/service
7. Privatize
8. Sell
9. Terminate
Interestingly, when the cost of the programs was tallied, the essential programs were the most prevalent:
Essential Services -- 285 Programs with an estimated cost of $88.6 M
Social Services -- 16 Programs with an estimated cost of $311 ,000
Discretionary Services -- 186 Programs with an estimated cost of$14.3 M
Program Enhancement Services -- 223 Programs with an estimated cost of$14.4 M
A supplementary comment about the overall scope of services and programs for the City of Boynton
Beach compared with other cities. Boynton Beach, West Palm Beach and Boca Raton are the three
communities in the Broward and Palm Beach County area that share the most comprehensive level of
programs and services. Other communities, for example do not provide utility service, police service,
fire service or sanitation services (or various combinations of services). A composite perspective of
these overall service functions is attached to this report. Of the three full service communities, Boynton
Beach has the weakest taxable value. In many cases, communities with greater taxable value offer less
in terms of programs and services. Boynton Beach has had a reputation of providing a wide variety of
programs and services for the community, something that may need to be revised and reduced in this
time of fiscal stress.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMP ACT: The program analysis will assist the City in establishing service level priorities for
the budget and financial plan.
FISCAL IMP ACT: See above. In all probability many of the essential services cannot be eliminated but
possibly service intervals or levels of service within these essential services can be adjusted to reduce
costs. The data presented is helpful in making these types of program and service reductions.
AL TERN A TIVES: This is continuation of the 2007 program analysis and is presented as information.
J~~
Department Head's Signature
~~~
City Manager's Signature
Assistant to City Manager Xi--
City Attorney I Finance
Department Name
Attachments:
Composite City Service Profile Data - 2008-09
Summary of All Programs by Department
Summary Report on Essential Services arranged by department (white sheets)
Summary Report on Discretionary Services arranged by department (yellow sheets)
Summary Report on Program Enhancements arranged by department (green sheets)
Summary Report on Social Services arranged by department (pink sheets)
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
City Service Profile Data
City
Boca Raton
Boynton Beach
Coconut Creek
Coral Springs
Davie
Deerfield Beach
Delray Beach
Ft. Lauderdale
Greenacres
Hallandale Beach
Hollywood
Jupiter
Lake Park
Lake Worth
Lauderhill
Miramar
North Lauderdale
Palm Beach
Palm Beach Gardens
Palm Springs
Parkland
Pompano Beach
Riviera Beach
Royal Palm Beach
Sunrise
Tamarac
Tequesta
Wellington
West Palm Beach
CAO Title
City Manager
City Manager
City Manager
City- Manag~r
Town Administrator
City Manager
City Manager
City Manager
. City Manager
City Manager
City Manager
Town Manager
Town Manager
City ~anager
City Manager
City Manager
City. Manager
Town Manager
City Manager
. Village Manager
City Manager
Cit)' Manager
City Manager
City Manager
City Manager
City Manager
Village Manager
Village Manager
City Administrator
Population
2008
--
Services Directly Supervised By Manager/Adminstrator *
Utilites Utilites Sanitation
Police Fire Parks/Rec Water Sewer Services Library
Prod/Deiiver i Collection Collection
Yes Yes Yes Yes . Yes Yes Yes
Yes Yes Yes Yes Yes Yes Yes
Yes County Yes Yes Yes Contract County
Yes Yes Yes No No Contract County
Yes Yes Yes Yes Yes Contract County
County Yes Yes Yes Yes Contract County
Yes Yes Yes Yes Yes Contract Non-Profit
Yes Yes Yes Yes Oistrict Yes County
Yes Yes Yes CO\jnty Yes Contract County
Yes Yes Yes Yes Yes Contract County
Yes Yes Yes Yes Yes Yes County
Yes County Yes Yes District Contract County
County County Yes District District Yes Yes
County County Yes Yes Yes Yes Yes
Yes Yes Yes Yes Yes Contract County
Yes Yes Yes Yes Yes Contract County
No Yes Yes Yes Yes Contract County
Yes Yes Yes No Yes Contract Yes
Yes Yes Yes District District Contract County
Yes Yes Yes Yes Contract Contract Yes
County County Yes District District Contract Yes
Yes Yes Yes Yes Yes Yes County
Yes Yes Yes Yes Yes Contract Yes
County County Yes District District Contract County
Yes Yes Yes Yes Yes Yes County
County Yes Yes Yes Yes Contract County
Yes Yes Yes Yes District Contract County
County County Yes Yes Yes Contract County
Yes Yes Yes Yes Yes Yes Yes
85,293
66,671
48,193
128,930
92,207
73,2P
64,220
180,400
32,54~
38,232
143,172
49,783
9,112
36,725
64,635
112,666
42,?87
9,797
50,282
15,500
23,835
100,058
35,150
31,567
90,081
59,855
5,898
55,076
103,663
.. Data on services derived from examination of City/County web sites 2009
Three Cities Provide All Services -- Boca Raton, Boynton Beach and West Palm Beach.
Lake Worth also operates an electric utility but recently contracted with Palm Beach County for Police and Fire Services.
I Population Data from University of Florida BEBR Report 2008
_1
CITY OF BOYNTON BEACH
PERFORMANCE MEASUREMENT PROGRAM
PROGRAM EVALUATION INDEX - 2009
]
# Programs # Programs # Programs # Programs
Department Divisions by Division- by by Division- by
Department- Department-
2007 2007 2009 2009
City Manaaer 87 67
cTIV MamiOer 32 35
Communication Administration 9 0
Communications ODe rations 6 0
Neiahborhood Services 11 0
Oraanizational Develooment 0
Public Affairs 15 15
Pulic Arts 9 11
Grants Team 5 6
C-jtV Clerk's Office 9 11
City Clerk 9 11
DeveloDment 21 23
Develooment 21 23
Fire Rescue 30 36
Administration 8 10
Fire & Life Safety 10 10
Fire Rescue Ooerations 12 16
Finance 8 17
Finance Administration 6 6
Procurement Services 1 1
Warehouse 1 10
Human Resources 40 60
Administration 7 9
Benefits 11 13
COnloensation/Classification 5 5
Labor & Emolovee Relations 5 5
Records Manaoement 6 7
Recruitment 6 13
Oroanizational Develooment 0 8
Information Technoloov 103 110
Administration 13 72
Geoaraohic Info, Systems IGIS) 23 20
Tier 1 - HelD Desk 20 0
Tier 2 - Suooort/Admin 27 0
MPS 20 0
Utilities-CATS 0 18
Librarv 13 13
Administration 3 3
Public Services 5 5
Soecial Services 2 2
Technical Services 3 3
Police Department 57 57
Administration 6 6
Animal Control 10 10
Code Comoliance 20 20
Suooort Services - Investigations 7 7
Uniform Services 14 14
Public Works 51 49
Administration 5 5
Enoineerina 7 7
Facilities Manaoement 9 9
Fleet Maintenance 4 4
Forestrv & Grounds 10 8
Solid Waste 8 8
Street Division 8 8
Recreation & Parks 136 136
Administration 12 12
Art Center 19 14
Athletics 10 0
Boat Club Park 0 4
Cemeterv 0 2
City Hall in the Mall 9 0
Civic Center Division 16 17
01 PM Index-2009
Page 1 of 2 Pages
CITY OF BOYNTON BEACH
PERFORMANCE MEASUREMENT PROGRAM
PROGRAM EVALUATION INDEX 2009
, , I # program:! I # p~ograms \ ! # Program; I
# Programs
I by oy
Department Divisions , by DiVision-\ by Division-
Department- Department-
I 2007 I 2007 2009 I
2009
Hester CommunitY Center 17 15
Madsen Center & Boat Club Buildi 16 0 T "..-- -.." --- ---
Ocean Rescue 4 4 I
Parkinq 1 1 --"..------.-
Parks 4 --_.-P.
4
Senior Center 12 13 -.-' .---.--,-.--<
Tennis Center 13 14 " -~_._,...,"---'
T ransoortation 3 -- - --<. .'--~
3
Sims CenterC07/08) 0 16 .___....__..h_
Wilson Poof(07/08} 0 11
Intracoastal Clubhouse (07/08) 0 6 - _<O__'~_'"
Risk Manaaement 11 _ ~- ---1!J
Risk Manaqement 11 11
Utilities -.---. ---------I
90 --~
Administration 15 16 .---'.-
Enqineering 7 7 -. --_..,-~
Customer Relations 6 6 _..._._..__._~.
Meter Services 10 9 ._---.,
Lift Stations 15 16 .."-""
Public Water Treatment 8 11 -- "'-'~'-'
Storm Water 11 11 _ __n",_ --~-_.~--
Water Distribution 11 1') .c.._
h'
Water Qualitv 7 6 ___n
Golf Course 28 ---~
..,..----- ~
Administration 10 10 ----------
Golf Course Maintenance 9 9 I
0 9~ --.------
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,IVil"a.;
Page 2 of 2 Pages
01 PM Index-2009
12009 PROGRAM EVALUA TIONS
1=1 ESSENTIAL SERVICES (ES)
D
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
City Clerk Meetings & Minutes Commissioners, staff, Public, Attorneys, ES 10 Mandated $108,268 This program is vital to
citizens board other oovt. aoencies loreserve the nroceedinos of the
City Clerk Records Staff, Citizens, Citizens, other govt, ES 10 Mandated $43,753 Records Management is
Commissioners aoencies vendors mandated under Florida State
City Clerk Mail Processing Staff, Citizens, ES 10 City Operations would $45,951 Process is necessary to keep
Commissioners cease & laws would be the Citv oneratino,
City Clerk Commission Agenda City Commission, staff ES 10 Indirectly mandated by $54,667 This program is vital to conduct
& Citizens our Ordances reouirino the business of the Citv,
City Clerk Municipal Liens Citizens, Attorneys, staff ES 10 Mandated $26,499 Fee was raised in 2002 that
title comoanies staff resulted in 300% increase in
City Clerk Public Records Citizens, City Staff, ES 10 Mandated $38.695 This service is manded under
Attornevs Vendors Florida law.
City Clerk Municipal Admin. SV( Staff Citizens ES 10 Some services are $121,334 Some mandatory services are
mandated bv law lorovided in this cateoory,
City Clerk Election Citizens, ES 10 Mandated $97,934 This is a mandatory service.
Commissioners staff
City Clerk Advisory Board Admi Commissioners, Staff, a Necessary to keep City
Citizens Commission and staff
ES aware of openings on $18.105
City boards that are vital
to the operation of the
City.
City Manager Administrative Support City Mgr, ACM, Ass!' to ES 6 Office would not operate 1 Integral & necessary function for
CM, Commission professionally & efficiently $74,542 efficient operation of city
administration
City Manager Budget Preparation City Mgr Commission Citizens 5 Dept has no control of line 1 Research & preparation for budget
City Staff ES items $1,662 review is completed in an efficient
& timely manner
City Manager Budget & Financial Commission Staff 10 Financial instability - 1 Continue Financial Forecasting
Management ES inability to provide $48,707
Department Review equitable, appropriate
services
City Manager Meeting Cordination City Mgr Commission 5 Impossible to function 1 Meetings would not be set in an
Staff & Citizens ES without meeting $17,298 efficient manner &
coordination, communication would suffer
citywide
City Manager Interdepartmental Staff a There would be a 1 Keeps staff apprised of current
Meetings breakdown of issues, poliCies and procedures
ES communication between $6,903
interrelated departments
in the city,
City Manager City Commission Commission ES a Poor results of $36,055 1
Activities Commission action
Page 1 of SO
Department
City Manager
iCily Manage'
["'.
iCity Manage'
1------
I. City Managel
i
I
r-----
iCily Manager
[
biv Manager
ICity Manager
City Manager
City Manager
~itY-Manager
_l
12009 PROGRAME_'!~~l!ATIO"i~__
1
I ESSENTI.A-L SERVICES (ES)
._--""._--.---_..._.,_.__._,~_...
1
I i ., 1
I i i
Customers I I i I
-.._-- I I Revie i
------.------.... .'."---,- - Total Aiinuar-
Rank If not deliv<ered w
Program/Project Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
Development Issues Development -- ---
Citizens 4 Lack of consistent and 6 Modernize Plan Dev
community ES quality development - $26,074 Regulations
Reduced or stag net tax I
base
c:c---.--- .-----.- ----- -.- -----. ----
Employee & Labor Staft Citizens ES 6 Loss of morale and staff $38.331 6 Streamline Contracts
Relations Issues 5 effectiveness
General Management Staff - --.-.. _.-.-
Citizens ES 6 Lack of consistency - $115,102 1 Increase Staff Effectiveness
--.-----.--'"- -- -- - repeat same mistakes
CMLT Staff 6 Maintain effective 1 Increase Staff Effectiveness
ES communications and $15,751
oversight with Dept
.-.- ~.. -- -- Head Staff.
Recreation & Park Staff Community 8 40% reduction in future 1 Advocating for implementation
Planning delivery of services of future Park & Rec needs
ES Potential communication $7,822 high priority
gap w/internal dept Reduce Cost
communication Public/Private Partnership
Adm Services Team Staff ..- 50% reduction in org Reliable communication from
8 1
Management leadership effectiveness CM Office to dept heads is
ES 50% increase in "Dept $10,203 critical along w/guidance on
Silo" mentality matter of admin & operations
- 1--- , -
Project Development Staff Community 8 Organization would not Anticipate and plan for growth
be identifyng and and changing demographics of
ES meeting the needs of a $39,248 the city by developing needed
changing city. programs/projects.
CIP Oversite Mgt Staff 6 80% chance of 1 Direct staff through the process
ES ineffective or incorrect $5,102 of managing capital
planning and improvement projects.
- implementation of CIP.
Agenda Coordination Staff Citizens 6 Agenda items would not 1 Essential to conducting efficient
be complete and be City Commission meetings.
ES presented to the City $30,308
Commission in a timely
manner
Project/Program Staff/Citizens Staff/Citizens 8 Certain projects as 1 Implementation and tracking of
Coordination directed by the City specific CM & Commission
Manager and City driven projects.
ES Commission would not $17,316
be coordinated and could
not move foreward_
Pag 50
12009 PROGRAM EVALUATIONS
CI ESSENTIAL SERVICES (ES)
D
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect ES 0-10 list 2.3 consequences Cost $ Code Review Comment
City Manager Customer Complaint Citizens Staff 6 There would be no 1 Necessary to ensure customer
Tracking & executive level oversight service and satisfaction.
Resolution to customer complaint
ES resolution, 50% increase $18,034
in customer
dissatisfaction with
government
City Manager Quality Assurance Citizens Staff 6 There would be no 1 Necessary to ensure customer
executive level oversight service and satisfaction.
to web based customer
ES O&A. There would be no $3,632
reporting or tracking
function for citizens
concerns,
City Manager EOC Management Staff Citizens 8 There would be a lack of 1 Necessary for efficient
administrative management of the EOC
management at the EOC during before, during and after
ES and would divide the $8,474 disaster events that effect the
CM's focus from citywide city.
emergency
manaaement.
City Manager Emergency Staff Citizens 8 There would be a lack of 1 Necessary for efficient
Preparedness administrative management of disaster
Management management at the EOC planning, response and
ES and would divide the $12,601 recovery and federal
CM's focus from citywide compliance,
emergency
manaaement.
City Manager City Hall Expenses Citizens Community ES 10 Necessary to operate $1,619,935 1
City Hall facilitv
City Manager/Grants Budget Staff Community 6 Missed funding Identifying potential external
opportunities, funding sources for City
departments focusing on projects and programs at
pet projects rather than budget time is essential to
ES citywide priorities, match $452 sound fiscal management.
may not be included in Reviewing potential grants early
projected expenses for in the process allows for
budget year, causing oversight and guidance in
problems mid-year if meeting City priorities,
awarded
City Manager/Public Disaster/EOC Citizens, Businesses Commission, 8 Inability to communicate 1 Reassuring to stakeholders
Affairs Planning & Employees, Other ES information in a disaster $6,500 during an emergency,
Operations Governmental Entities event.
Page 3 of 50
~ Departmen
ICity Manager/P
I Affairs
[------------ -
I Development
jOeveloprnenf
Development
Development
I200~J~ROGRAM EVALUA_~/ONS____~~S-ENj-/AI. SEiivicE~_f#~L
i . _._---,---_. .~-_.- r----." --~ - ,
; 1
-J Customers i I Revie
...----.- --- ~Total Annua'-- w
Rank If not delivered ,
t b Program/Project Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
ublic Administration ---. ---
Employees, Citizens 8 No projects would be 1 Necessary to department
I Commission planned or completed operation, $4,500 is placed in
ES No oversight $36,226 the budget for the Recognition
Team and is not used for Public
Affairs programs_ ____J
--- ---- i------------ - - -- -- ----- --.- -,-- - - --.-. --- '------
--
Application Review Citizens, Business & Development Review 8 Failure to meet local, 6 This is the essential day to day
Property; Owners Boards; City regional and state operations of the Planning &
Developers Commission; City regulations_ Deterioration Zoning Division
Administration ES in community $225,729
appearance and decline
in property values
-- ---"~------- ---- ~-,--..-_.- - ,----------- -- ~-----~------ ----- --- -- -----
Land Development Public, Developers_ Development; Review 8 Failure to address 6
Regulation (LOR) City Employees Boards; City conflicting development
Updatesl Rewrites Commission; City regulations_ Confusion
Administration ES and inconsistency in $220,508
interpretations n~sulting
in exposure to Iitigation_
--- ._--. --------'_. -- b----------- -- --- f------------------~---
Comprehensive Plan Business & Property Review Boards; City 10 City would be in violation 6
Mgt. Owners; Developers; Commission; City of F,S,163_ State
Citizens; Administration; agencies could withhold
Development all revenues and grants
and DCA could refuse to
ES review any Comp Plan $52,354
amendments, thereby
halting almost all new
development activity in
the City
Community Citizens; Business & City Commission & 6 Loss of capacity to 6
Improvement Property Owners; CRA; City Advisory administer over $1_1
Developers Boards & million in annual state
Administration and federal grants, in
addition to millions in
extraordinary periodic
ES grants that provide $97,654
employment, supplement
local public services and
improve the physical
environment in the City's
poorest communities_
Pag SO
1
12009 PROGRAM EVALUATIONS
CJ ESSENTIAL SERVICES (ES)
CI
Customers Revie
Rank If not delivered Total Annual w
Department program/Project Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
Development Business Tax Business Owners Public; City 8 Businesses locating in 6
Services inappropriate zones
without any
environmental, code
ES compliance or fire safety $156.548
inspections. Loss of
approximately $1.3
million in annual revenue
to the City,
Development Inspection Services Contractors; Property Residents; City 10 Unchecked violations of 6
Owners; Business Design Professionals the Building Code.
Owners City Review Board (Bldg Inferior construction that
Employees Board of Adjustment & threatens public health
Developers Appeals) ES and safety and $639,586
contributes to blight
conditions and declining
property values,
Development Permit Application Contractors; Property Residents; City; City 10 Unchecked violations of 6
Processing Owners; Business Commission; City the Building Code,
Owners; City Administration; Review Inferior construction that
Employees; Board; (Bldg Board of threatens public health
Developers; General Adjustment & ES and safety and $692,721
Public; Design Appeals) contributes to blight
Professionals conditions and declining
property values.
Development Grant Management Public; Businesses; Residents; City 2 Loss of capacity to 1
City Commission secure and administer
millions of dollars in state
and federal grants that
ES provide employment, $74,334
supplement local public
services and improve the
physical environment in
the City,
Development Budget Preparationl Citizens; Staff; City Commission; City 8 Projects and initiatives
Financial Administration City Administration would not be properly
Administration Employees General Vendors funded or monitored;
Public Property ES vendor services would $101,285
Owners Business not be monitored; no
Owners oversight on bill
loavments.
Page 5 of 50
12009 PROGRAM EVALUATIONS
.1_JESSEiiT/~~_SERVICES (~S)._._
! i i I i i
, Customers !
. ...---' --.--------.- i Revie!
..
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
i..--.----- ----- . . -- --
i Development Commission/ Citizens; City City Commission, 6 Citizens, developers and 6
Administrative Commission City Citizens general public would not
Requests Employees City receive personal
Administration ES attention; escalation of $106,868
Business Owners complaints dissatisfied
I Developers General citizenry
Public Property
-. Owners
I Development -- --"- -_._---------- --"--
Emergency Business Owners, 10 Lack of coordination 1
Management Property Owners; during emergency
Contractors; General conditions. Poor service
Public; City delivery to customers
Employees; City ES during and after an $193,196
Commission; City emergency. Adverse
Administration long range effects on
I economy of city and
fo~velopment ..".~ -- citizens. ...---.., "'..."-- 1--- ~ _ _ _.___u.___~~'
-- --.-
Contractor License General Public; Contractors; 10 Unregulated and 6
! Enforcement Property Owners; Developers; City unlicensed contractors;
Business Owners Commission; City inferior construction that
I Administration; Review does not meet code; life
Board (Bldg Board of ES safety concerns for the $175.519
! Adjustment & public; failure to comply
i Appeals) with State mandates
fDevelop~ent - -~--. ......"...--..- '----- I-----------~-_.,---
Public Information General Public; City Commission; City 10 Violation of Florida State
Requests Property Owners; Administration Statute . Decreclse in
I Business Owners; customer serviCE!,
I Developers; ES exposure to legal action. $157,447
Contractors; Design
Professionals; City
-- Employees
Finance/Admin, & Payroll Employees Citizens 10 Grievances 1 Extremely complex payroll
Purchasing Work stoppages Less control over processing
, ES Extremely irate $146,413 accuracy and less personalized
employees response to employees
r--.------------.---.. -- Violation of State Law Required compliance with State
Finance/Admin. & Fixed Assets/General Departments Citizens 10 1
Purchasing Ledger/Administrativ ES Non Compliance with $237,823 Law and GASB
e regulatory requirements Lose control over processing
--- and recording accuracy
Finance/Admin. & Budget Departments Citizens ES 10 Violation of State Law $137,888 1 Required compliance with State
Purchasina . '-..--- Commission Loss of State funding Law
Pagf ,0
12009 PROGRAM EVALUA TlONS
DESSENTlAL SERVICES (ES)
D
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
Finance/Admin. & Audit Citizens Bond Markets 10 Violation of State Law 1 Required compliance with State
Purchasing PreparationNear End Commission Citizens ES Failure to comply would $137,012 Law
Work result in State assuming
control
Finance/Admin, & Purchasing/Procure DepartmentsComm issi Citizens 8 Violation of State Law 1 Required compliance with City
Purchasing ment onVendors Non Compliance with Ordnance & Federal/State Law
Contractors ES regulatory requirements $241,996
Vendor/Contractor
Complaints
FinancelWarehouse Deliveries and Mail City Employees Citizens 8 Increase in courier 1 To distribute items to variuos
service for US mail and departments
ES deliveries, Increase $29,248
in soft cost for goods and
services,
FinancelWarehouse Field Purchase City Employees Vendors Citizens 6 Reduced accountability, 1 To provide centralized area for
Orders Non Stocked Decentralized items ordered by various city
Items ES purchasing, Reduction in $59,224 departments
cost savings.
Fire Emergency All city department citizens & visitors of 10 lack of preparation for 6 There is a lack of motivation
SupportJAdministrati Preparedness city disaster mitigation and and activity in a number of
on Coordination recovery, Federally other departments, Other
ES mandated, violation of $19,442 departments must take a more
law if not followed. productive role in the process,
Fire Chief, Police Chief, Risk
Mgr.. Buliding- committee,
Fire Contractual Services City, Firefighters, Visitors Our stretchers and EMS This program provides our EMS
SupportJAdministrati Businesses,Citizens equip. would not be equipment and our stretchers
on maintenanced, Hydrant to be maintaned and kept in
ES maintenance would stop. $72,060 good working order. These
Our defibillator servie programs are essential to the
agreements would be wellbeing of our patients and
canceled, staff.
Fire Fire Administration All Fire Dept citizens & visitors of 8 All operations would fail 1 Essential administration
SupportJAdministrati Personnel city ES to funciton - salaries not $813,341 functions to provide support to
on paid, supplies not all department functions and
ordered etc, I personnel
FLS Billing Services Business, commercial, Finance 10 1, Loss of revenue for 4 Future plans to move to
multi-family ES general fund $31,876 Finance Department when they
2. Excessive false fire are ready
alarms
Page 7 of 50
f-- - Depi'lf..tm
iFLS
F' c.
l
!FLS
I
IFLS
i
rFi~
~LS
I
FLS
FLS
Fire Operatio
.12009 ~!iOG~AM -.EVALUATIONS
.IESSENTIAL~ERViCE~Jjs).. ..J
.m -. , i . ._ ,n_ _.
I !
Customers I Revll: i
...- -. ,-_._---,,', .- ".-- - ... --_.- I
Rank If not delivlJred Total Annual w
ent Program/Project Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment I
Fire protection Bus. owners. Contractors 10 1 Greater fire potential 6 Vital service especially in high
systems Visitors, FFs, ES 2. Citizen & firefighter $107,145 rise and densely populated
management residents of multi- PE life safety risk buildings.
-..- - familv -. - _. ~ ._'____e'~._." __'"
- .. --- e-'
Annual fire Business owners. 10 1 Unidentified fire 6 Consider going to bi-annual
inspections of Visitors, Firefighters ES hazards 2 $204,702 inspections.
commercial Uncorrected fire hazards
--"-'-'-~ .'..-. Explosive growth in the City
New construction Developers, Future tenants 10 1. Code violations 3
support (plans Contractors, 2. Unidentified lire demands additional resources
review and Firefighters E8 hazards 3. $127.856 to accomplish required tasks
inspections) Uncorrected fire hazards
School inspections -'''- Unfunded mandate
Students Staff Firefighters,School 10 1. Unidentified fire 5
board hazards 2. Go to state inspectors only
E8 Uncorrected fire hazards $38,868
3. Greater risk to
- f-_.- .., -.----'.------ .. students
q. -- -....-- ,-- Purpose to identify cause for
Cause and orgin Citizens, Property Firefighters 8 1. Unidentified fire 1
investigations owners, ins companies E8 hazards 2. $20,082 prevention, illegal activity -
Increased fire potential responsibility of State and
3. Insurance fraud Police Deoartment
---- -- -- Foundation for preventing fire
Code enforcement Citizens, Visitors 10 1. City liability 6
Firefighters E8 2, Violation of State $62,049 hazards
Statutes 3. Loss of life
- .-- -.-,.-----,-- and orooertv
Public education Citizens, Visitors, 8 1. Citizen lack of 6 Mostly needed in single family
Firefighters 88 information that could put $60,947 homes which our inspection
ES them at greater risk service does not include. Seek
IClrant
Flow testing to Developers, Firefighters, City, 10 1. Unreliable fim safe 1 Provides basis for sprinkler
determine water Contractors Insurance ES design criteria for $21,093 design and water available for
supply 2. Insufficient water firefighting
suoolv
Fire & Life Safety Fire inspectors and Firefighters and public 8 Decreased efficiency 1 Needed for keeping up with
Admin Expenses .. F&LS staff through lack of dynamic changes in codes
meetings, supplies, ES networking and training $15,055 ordinances and building codes.
books & publications at meetings, Office and equipment supplies
for admin
.--.. Catastrophic loss of Current staffing, vehicles, and
ns Emergency Medical Sick and injured Relatives of sick and 8 1
Services (includes patients injured patients ES lives, probable lawsuits equipment are sufficient to
BLS, ALS, and for failure to provide an $2,005,696 provide adequate EMS services
patient transport) essential public safety in Boynton Beach
---- service
Pag! ,0
l
12009 PROGRAM EVALUATIONS
o ESSENTIAL SERVICES (ES)
D
Customers Revle
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
Fire Operations Special Operations Persons subjected to Relatives of "direct", 8 Loss of the ability to 1 The Fire Service is the "First
(includes technical hazardous conditions, and disrupted provide technical rescue Responder" for terrorist, WMD,
rescue and HazlMat Utilities, trench businesses services, probable Haz/Mat, and technical rescue
support services, workers, Confined ES recruitmenUretention $141,824 services nationwide
Dive Rescue) spaces, problems in the near
future,
Fire Operations Training and All BBFRD Personnel Citizens and visitors to 9 Our employees will not 1 The broad range of emergency
Professional Boynton Beach receive the necessary services provided by the
Development, 2/3 of and mandated modern Fire Service requires
training is mandated ES training/education $233,311 constant training and
by federal and state needed to perform safely education. Shows a need for
law. and competently more personnel.
Fire Operations Recruitment and All BBFRD Personnel Citizens and visitors to 8 New Firefighters must be 6 Outsourcing criminal
Retention (hiring and Boynton Beach hired to fill vacancies background checks,
keeping new which occur due to physical/drug/psychological
Firefighters) regular retirements and screens to Human Resources
PE departmental growth. $42,457 would be a more efficient
Loss of incentive to meet system
the diversity
requirements of the City
Commission.
Fire Operations Firefighter Safety All Certified Citizens, Visitors, and 10 LODD for Firefighters. 1 Mandatory program to ensure
Program Firefighters employees who Non compliance with FD personnel safety,
receive our services OSHA safety regulations
ES and NFPA standards $141,814
resulting in costly
litigation, Violation of
Labor Agreement.
Fire Operations Fire Suppression Accident and Fire All citizens, visitors, 8 Loss of extrication 2 Helps to keep insurance
related emergencies employees ES support, Loss of fire $12,162,470 premiums low due to better ISO
support ratings.
Fire Operations Support Services All BBFRD Personnel Citizens and visitors to 8 Our employees cannot 6 The Communications and Fleet
(vehicles, Boynton Beach perform their duties Maintenance Divisions need
communications, ES without properly more funding/personnel to
supplies/equipment. maintained $92,415 properly support Fire Rescue's
Fleet, Dispatch) communications, mission
vehicles, and equipment
Fire Operations Fire Operations F&LS staff Firefighters and 8 Decreased level of 1 Funding critical to management
Admin expenses residents ES service to customers and $28,395 operations division and level of
increased safety issues service.
Page 9 of 50
J~~q9 P~OGRAM EV ALUA TIONS,J
}ESSENTIAL SERViCES (ES)
-_.__.._--~-----_.'--
L~L
r
Operation-
I i I I
Customers i ! Revie
-. ._-- i I Total Annual--
Rank If not delivored w
t Program/Project Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
Capital Equipment All BBFRD Staff Citizens and visitors to 8 Catastrophic loss of 1 Funding critical to management
and Supplies Boynton Beach lives, probable lawsuits operations division and level of
I for failure to provide an service.
I essential public safety
service .Loss of the
I ES ability to provide $175,234
technical rescue
services, probable
recruitmenUretention
problems in the near
future.
Un _ ______._'__n.' ___ .__._~-_._--._- _f--.n'_'..n."n_.nn,__, ......".'-r'. -
Facility Management All BBrRD Staff Citizens and visitors to 8 Decreased level of 1 Funding critical to management
& Rentals Boynton Beach ES service to customers and $216,875 operations division and level of
increased safety issues service.
f-- -----" --.-- Funding critical to management
Internal Service Fees Fleet Fund, All BBFRD Staff 8 Our employees cannot 1
Warehouse services, perform their duties operations division and level of
Vehicle Maintenance without properly service. Fleet Maintenance
ES maintained $817,723 Divisions need more
communications, funding/personnel to properly
vehicles, and equipment support Fire Rescue's mission
.-..- .------... ".--- -,.'._------,-- Funding is critical for
Licenses, Fees, & All BBFRD Personnel Citizens and visitors to 8 Building HOA's, Fire 1
Permits Boynton Beach Assesment Consultant manamgement of Fire Stations,
ES fees, and tax collectors $48,760 Management of Fire
office would not be paid Assessment Fees and tax
collectors office
---,----< ---~._-
-. This function is essential to the HR
Preparation admin, Of HR Staff Vendors 8 None cost effective 2
inistr Budget ES Unable to forecast $13,420 program. Must find ways to reduce
costs and increase efficiency.
.----- Costs required to perform Resources other than HR staff
Operating Costs HR Staff Employees State and Federal 9 1
inistr Citizens Managers Government ES the administrative functions $108,942 hours are needed to successfully
perform this function
Capital Employees Departments 9 Employee Self Serve 6 Employee Self Service Software
linistr Software will not be will allow for more efficient and
ES available thus system $25,000 accurant employees records and
utilization will be less employee access to their data
efficient
-
FMLA Employees Dependents ES 9 Violation of Federal Law 1 Federal Law mandates that we
efits Fines and lawsuits. $2,736 comply by offering FMLA leaves to
..- eligible employees.
~...... Departmen
[Fire Operations
,
,
I
rFireOpe~<i'tions
!
~-,
I Fire Operations
I
Human
Resources/Adm
ation
Human
Resources/Adm
ation
r-'
Human
Resources/Adrr
ation
Human
Resources/Ben
Page 50
12009 PROGRAM EVALUATIONS
l~ ESSENTIAL SERVICES (ES)
D
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
Human Operating Expenses Employees Dependents 8 Unable to effectively 1 Resources other than manpower
Resources/Benefits function without the are needed to successfully perform
ES resources to perform the $108,925 this function,
Benefits Administration
function.
Human Operating Costs City Depts. Employees Citizens 9 Unable to effectively 1 Resources other HR staff hours are
Resources/Comp. & function without the needed to successfully perform this
Classification ES resources to perform the $13,146 function.
compensation and
classifications functions,
Human Collective Bargaining Employees City Manager Unions 10 No Contract, Impasse. Low 2 Need to negotiate collective
Resources/Labor & ES morale and deteriorating $24,508 bargaining agreements that are
Employee Relations Labor Management relations consistant with reduce revenue
steams.
Human Contracts Employees Managers Citizens Unions 8 Employee Grievances, Poor 1 Follow successful training methods
Resources/Labor & Implementation & Morale used for prior contract.
Interpretation ES $22.154
Employee Relations
Human Grievances and Employees Managers Unions 8 Unfair labor practice, 6 Human Resources has met with
Resources/Labor & Discipline Arbitration and increased Department Directors to review
Employee Relations ES legal fees. $22,691 current contract language for
suggested revisions to grievance &
discipline language,
Human labor Management Employees Union Other depts. 6 Poor Labor Relations; lack 6 Continue participation in the Labor
Resources/Labor & Process Managers of trust and poor Management Committees and sub-
Employee Relations ES communications $17,171 committees. Expand as needed.
Human Operating Costs Employees Union Departments Citizens 9 Unable to effectively 1 Resources other than HR staff
Resources/Labor & Managers function without the hours are needed to successfully
Employee Relations ES resources to perform the $21,642 perform this function,
employee relations
functions.
Human Workforce Training Employees Managers Citizens 8 A training needs analysis 2 Training needs analyis must be
Resources/Org. Planning will not be completed or done annually before scheduling
Development acted upon. Sharing 00 t,aining. Training to support the
best practices will be sustainability initiative is needed.
hindered. Implementation of
new types of training to $9,883
ES support the sustainability
initiative will be negatively
impacted.
Page 11 of 50
f.Hum~:part-l!1en
i Resources/Or!J
i Oevc!opnli:?5It
I
[Human
I Resources/Org
Development
fHuman
Resources/Org
Development
I
Human
Resources/Org
Development
Human
Resources/Org
Development
Human
Resources/Org
Development
Human Resour
Recruitment
Jzo~~ PROGRAM EVALUA T1~NS
j~~~Ef\!TIA~ SER~~~~~lES) _ __ J.
i I I
Customers Revie!
...- ... ..-..~-_..._~.._". . ...
Rank if not delivllred Total Annual w I
t Program/Project_ ES Cost $ ,
Direct indirect 0-10 list 2-3 consequences Code Review Comment
..
Technical Employees Managers Citizens 8 Employees will be less 1 As technology evolves our
I Training/Cortlpute' productive. Technology will workforce must upgrade and
,APPlication" not be used and PC skills maintain their skills. The green
will deteriorate Poor initiative will result in using
ES morale $7,103 technology to save our resources
and all of our employees must have
the skills to work in this
environment
-- --_.~...._---- . -,----- .---... ,----
State Mandated Employees Managers Citizens State 9 City will face the possibility 1 Employees of the City may work in
T,aining Regulators of Legal action. Employees positions that require manadated
i ES will not be able to perform $7,635 training and it must be provided as
essential functions. required.
~f''';O'''' --- --- . ..- =-:--_.. .---... ...- -..--..
Employees Managers Citizens 9 Learning curves will 2 Employees desire to be more
Development increase for employees productive. If the City provides
Employees will not be able training and education to enhance
to share experiences with their ability to perform their
ES participants from other $21,364 functions more efficiently this will
departments and cities benefit the citizens of our
Employees will not be able community
to obtain CEU's
- ..._---~_. - -.~- .,-"
Administrative City employees Departments 8 No supervision of the 1 Oversight is required in the areas of
Oversight ES function Deadlines may be $4,332 needs analysis. vendor selection
missed and setting priorities.
Operating Expenses Employees Managers Citizens 9 Unable to effectively perform 1 Resources and the expense of
the 00 and Training outsourced services are needed to
ES functions without proper $104,825 successfully perform this function
resources. Employees will
not receive training.
Capital Employees Managers Citizens 9 Unable to effectively perform 1 Capital resources are required for
the 00 and Training on-line mandatory employment law
ES functions without proper $5,000 related employee training classes
resources. Employees will
not receive training.
..-"--.---.'.- With tight budgets it is anticipated
ces Workforce Dept Heads City Citizens 8 No assistance to current 6
ReorglTransfe,s employees employees fin finding that there will be reorganizations
ES positions within the City afte $2,103 and increased need to transfeer
department reorganizations_ employees to where there is a
need.
Page 50
12009 PROGRAM EVALUA nONS
CI ESSENTIAL SERVICES (ES)
1=1
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
Human Resources - Screening of General Public and City Departments 8 Best qualified applicants will 2 This function is carried out daily.
Recruitment applications employees not be selected for Each application must be reviewed
positions. to determine if the applicant meets
ES $18,503 the minimum qualifications for the
position. May be able to reduce
cost by on-line application
screening through new HR module.
Human Resources - Administrative General Public and City Departments 8 No supervision of the 1 Function is carried out daily.
Recruitment Oversight employees ES function. Deadlines may be $18,822
missed.
Human Resources - Operating Costs General Public and City Citizens 9 Unable to effectively 1 Resources other than HR Staff
Recruitment employees ES function without the $73,132 hours are needed to successfully
resources to perform the perform this function.
recruitment functions,
Human Resources - Personnel Files Employees Citizens, Employees 10 Legal liability 6 Must be able to respond to a public
Records External Customers ES No Tracking Method records request, employee request
Management Communication Concern $23,658 or management request with
accurate historical information,
Human Resources - Medical Records Employees Unemployment 10 Legal liability - HIPAA 6 Must follow HIPAA guidelines when
Records Commission Risk Management responding to information requests
Management ES $6,553 and maintain separate employee
medical files.
Human Resources - Public Records Employees Attorney's Courts 10 Violation of Law 6 Follow established procedure for
Records Request Citizens Media, ES Fines $19,026 providing this information.
Union , Disgruntled Customers
M
Human Resources - Employees Attorney's Courts 10 Deadlines would be missed, 1 Provide supervision of HR Records
Records Administrative Citizens Media, ES Priorities would not be set $6,274 Staff,
Oversight Union
Human Resources - Employees Attorney's Courts 9 Unable to effectively 1 Resources other than manpower
Records Citizens Media, ES function without the are needed to succeSSfully perform
Management Union resources to perform the $3,505 this function,
.,- records management
All Operating Expense - functions,
Page 13 of 50
12009 PROGRAM EVALUATIONS
I~~SENTIAL~~'!'!!_~~~Jisj _
su
ma
,
~- Customers I
..-----.- Revie
--- Total Annual
Rank If not delivNed w ,
Program/Project Oi reet Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
.-...-- . -
ti Virus Protection Employees All External Customers 8,6 * PCs and Servers will 1 Without a strong anti-virus
become infected and program, the system(s) would
crash. become infected, and
* Staff can spend eventually not function The
upwards of 280 hours to result would be a major I
effect repairs. decrease (or total loss) in
ES * Outside communication $6,267 employee productivity and the
will be compromised. business would suffer. From
* Employee downtime past history, one major virus
will increase infection resulted in 280 hours
exponentially. of ITS effort to resolve. This
greatly exceeded the cost of
-----..-----"" ~." --",-- -".~--_._~--'" --. - -'" this program.
/400 Hardware Employees All External Customers 8,6 * Decentralize Sllpport 1 The AS400 is the core of our
pport and costing much more enterprise system, as it runs
intenance technical $ and our HTE application.
technology challenges. Alternatives to purchasing the
* Inability to track finance system were performed
data across the approximately four years ago
enterprise. during which a lease option
ES * Unstable operating $45,059 was executed, spreading the
system-AS/400 is a purchase price over three years
proven operating system instead of taking a "hit" in the
with more up time initial year. This option will also
availability than windows be considered when we move
or Linux. our critical systems over to the
proposed Fire Station #5/EOC
building.
--....-....-
E software Employees All External Customers 8,6 * Federal and state 1 The HTE software is our
grades and mandated changes to enterprise software system,
intenance software calculations running almost all financial and
would cause inaccurate operational aspects of the City.
reporting Without this system, and
* Software version would replacing it with another
be stagnant system, the savings incurred
ES * Newer features would $162,377 from this reduction would be
not be available to the offset by the inefficiencies of a
users manual system, The other
alternative would be a lesser-
known system, without the
functionality required to run our
entity at this high level.
~--'-~ .
, Department
f-- '.--'
! Information
i j ec hnologyflle'
-L~
!
~.- -
i Information
tTechnoloyy!Tie,
AS
Information HT
TechnologylTier 2 up
ma
Page 50
1
12009 PROGRAM EVALUA TIONS
LJ ESSENTIAL SERVICES (ES)
D
Customers Revie
Rank If not delivered Total Annual w
Department ProgramfProject Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
Information HTEcustomer reports Employees All External Customers 6 . Federal and State 1 The HTE software is our
Technology/Tier 2 and queries reporting requirements enterprise software system,
would not be met. running almost all financial and
. Users would not be operational aspects of the City,
able to produce needed Without this system, and
reports to their replacing it with another
customers or external system, the savings incurred
ES agencies. $24,624 from this reduction would be
offset by the inefficiencies of a
manual system, The other
alternative would be a lesser-
known system, without the
functionality required to run our
entity at this high level.
Information HTE End User Employees All External Customers 6 . Our users would be 1 The HTE software is our
TechnologylTier 2 Support required to work with the enterprise software system,
software vendor for running almost all financial and
support, operational aspects of the City.
. Slow vendor response Without this system, and
to reported issues could replacing it with another
cause work slow-downs system, the savings incurred
ES or stoppages while $30.567 from this reduction would be
issues were resolved, offset by the inefficiencies of a
manual system. The other
alternative would be a lesser-
known system, without the
functionality required to run our
entity at this high level.
Information HTE education and Employees All External Customers 6 . Our users would be 1 The HTE software is our
Technology/Tier 2 end-user training required to work with the enterprise software system,
software vendor for running almost all financial and
support. operational aspects of the City,
. Slow vendor response Without this system, and
to reported issues could replacing it with another
cause work slow-downs system, the savings incurred
ES or stoppages while $8,612 from this reduction would be
issues were resolved, offset by the inefficiencies of a
manual system, The other
alternative would be a lesser-
known system, without the
functionality required to run our
entity at this high level,
Page 15 of 50
~ Department
jlnformation
!TechnologylTie!
rl~formatiO/1
iT edmologyiT Ie'
J~009 PROGRAM EV~_~UATlg!J~_.___L_ JESSEN!!!':~_~~!iV~~~~JES}
\
I
1.
I I , I
, I i I .
Customers Revle
__n_ ._.. --.'--- _..~"..., -."
Rank If not delivered Total Annual w ;
Program/Project Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
-,--,..
Storage Area Employees All External Customers 8.6 * Revert to the previous 1 The introduction of the San
.. Network (Data method of high-powered provided us with greater
Storage)\ systems with storage flexibility in regards to usage of
locked into the single disk space. It allows us to
server. allocate disk space to the
* Storage then becomes servers that have the greater
ES more expensive as $26,615 needed. This has proven to be
space is wasted on a cost-savings during our
servers where it is not previous server and disk
needed. purchasing methodology,
where high disk capacity
servers cost upwards of
.-'''-.--.--'- - -.----........ _.. .- -.-- $35,000 each)
Disaster Recovery & Employees All External Customers 8 * Considerable system 1 In a growing number of states,
Business Continuity downtime of perhaps up government agencies are
for all city to one month or longer to required by federal and state
departments rebuild all systems from mandates to have effective
computer and scratch. contingencies in place to
communication * Lost of current and preserve timely operation of
needs historical data. payroll and payments,
* Lost of According to FEMA, 80% of the
equipmenUability to run local businesses failed to
operation in disaster resume operations in 1992 after
mode hurricane Andrew ravaged
large areas of Southeastern
Florida, The U.S. Bureau of
ES $95,551 Labor Statistics states that as
many as 93% of all companies
that suffer a significant data
loss are out of business within
five years, As a result,
spending for disaster recovery
services has increased, In July,
2002, the Chicago Tribune
reported that companies were
spending an average of $100 to
$250,00 a month on data
recovery services.
Page 50
-I
12009 PROGRAM EVALUA TlONS
CJ ESSENTIAL SERVICES (ES)
D
Customers Revie
Rank If not delivered Total Annual w
Department ProgramIProject Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
Information Exchange/Email Employees All External Customers 8,6 . Increase in paper 1 E-mail communication is now a
TechnologylTier 2 Support copies and storage of strategic communication tool in
paper-the need to the city, To improve the
acquire additional floor service, other electronic
space services such as faxing, and
. Means to notify and net meeting to host online
provide timely meeting can provide better time
information across the management and reduce cost
ES enterprise will be $9,272 associated with travel for
compromise. meetings, classes,
. Archival e-mail stored conferences, etc,
will be lost-necessary for
sunshine law disclosure
. Inability to correspond
electronically with other
government agencies
Information Exchange Employees All External Customers 10 . This is already a 1 Requests for public information
TechnologylTier 2 Email/Public manual process, with the fall under the Florida State
Requests ES bulk of the expense in $9,759 sunshine laws, Producing
hourly salaries, email records as part of a
public request is a state
requirement.
Page 17 of 50
i Department
r~ h~
i Information
! TechnOlogy!r,p,
I
I~~ .--- --..~--.
Information
TechnologylTier
!
I
L~ _
u_~12009 PROGRAM EVA~!!~!~9NS_
J ESSENT-'A~_~EIiVIC~~_i~~l
L
! ! I I Revie I
! -~:PI:Y'~~~'; Customers ;
-, ~ .--- r'-'-'--------.--- I ~__
I Rank If not delivered Total Annual w
Program/Project Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
-
File/Print All External Customers 8,6 * Revert to manual 1 These servers provide network
jAPPliCatiOIl/servcl systems communication, security and
Support * Delay in processing file storage. Having timely
! customer/citizen request access to data is critical to
i No centralization of user meet the high demand of
I accounts, passwords or government and businesses in
I access controls today's technology age. Public
I * No centralization of safety would be compromised if
I
I data. we did not have the ability to
I * Potential increase in share information with other
i staffing due to lack of government and law
I automation enforcement agencies. The
I recent sniper case in Maryland
proved that without the sharing
and accessibility of data
$34,780 between the various law
ES agencies and states, the case
could have taken much longer
than three weeks to solve_
To improve the process, the
city should continue
standardization of one network.
This project is currently
underway with the
implementation of the active
directory project between
Utilities, Police, and ITS.
Microsoft 2000 will be the
primary active directory across
the enterprise.
.-.-..
Intrusion Employees All External Customers 8,6 * Accessibility to 1 This service has alreadv been
2 Detection/Firewall unsolicited system outsourced in order to leveraQe
access (intrusion) and expertise and security, To
program liability. provide the appropriate 7/24
* Lost of control of monitoring and timely response
network, program codes, to intrusions of the network, the
ES financial records, $28,920 city would need to hire 3
business accounts. additional network technicians
* Work in a reactive at a base cost of $40,000 per
mode vs. proactive mode employee. The $27,370 yearly
to lessen and correct outsource cost is less than one
intrusion. of the network staff salary.
Page 50
1
12009 PROGRAM EVALUATIONS
CJ ESSENTIAL SERVICES (ES)
D
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
Information Network Employees All External Customers 8 . Unable to communicate 1 The City's local area network
Technology Connection/Mai ntena with other PC's in the city (LAN) and wide area network
nee or external agencies, (WAN) provides the city's ability
. Revert to manual to communicate, share,
process that will slow access, update and provide
down the process and timely data to meet the city
affect the accuracy of business services. Without the
ES information, $54,380 network connections across the
. Inability to access the enterprise, each department
internet would be an island to itself. All
. Lack of automation and other technology investment in
centralize network would the city would be useless if we
require additional city were not able to share the
staff in the business information and cost.
units,
Information PBX Phone Service Employees All External Customers 8 . No telephones service 1,6 We are currently looking at
TechnologyfTier 2 . Extremely limited alternatives to our current
internal and external expenses (different vendors,
communication equipment, etc), with the
. No voice mail potential for cost reduction,
With the addition of another fire
station and any potential
annexation, the current PBX will
ES $54,837 not be able to support the
demands, Other area of
concern includes the
vulnerability of the City Hall
roof, We need to grow while
reducing cost by sharing the
workload and the equipment in
harden facilities or multiple
locations that will provide better
contingency.
Information Telephone Employees All External Customers 10 Inability to communicate 1 Communication and telephone
TechnologylTier 2 Services/Enterprise with the public by phone, services is a key component of
ES unable to receive or $376.000 conducting business with the
make phone calls from public,
city facilities,
Information Telephone Employees All External Customers 10 Unable to provide phone 1 Essential service for the city to
TechnologyfTier 2 Maintenance/Supplie support including office provide office relocation,
s ES relocation and wiring of $26,500 network wiring and desktop
offices. phone repairs and
reDia cements,
Page 19 of 50
Departme!'L
Information
! T pchnology!T!c'
Prograrr
Desktop Sl
riSSENTIAL SERliicEsiEs)
...'~-'-'--_.- ---..
I
I
~
J2009 PROGRAM EVALUATIONS
~_. -^^'---"---'~
1
I
i
_._-L._
r I , T i r Revie
I Customers .-..
--------.------- ---- .- Total Annual i
Rank If not delivered w
I/Project Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
--
IppOrt City employees; City Citizens 8 *No hardware or software 6 The Desktop Support function
Administration, City support for customers is the intake for nearly all of the
Commission and systems City's technology related
*Decreased customer inquiries, troubleshooting and
productivity and requests_ All of these inquiries
customer service are inputted by the technician
*Long turn-a-round for into software known as Track It
issue resolution and they are given unique work
order numbers and treated as a
case_ In many cases, issues
are resolved immediately over
the phone and in other
instances research and more in
depth manpower is required to
resolve issues, Tier 1 spends a
ES $69,012 majority of its time in taking all
these calls and processing
them to be resolved or
prioritized to Tier 2_
Improvements can be made in
the enterprise help desk
support model, The City has 3
technical support groups (ITS,
PD, Utilities) that can provide
better range of service and
extended coverage hours if
they work together. Currently
the Tier 1 ratio for ITS Help
Desk support is 154 PCs to 1
technician_ The national
average is 65 PCs to 1
technician_ More manpower
Page 50
12009 PROGRAM EVALUATIONS
D ESSENTIAL SERVICES (ES)
D
Customers Revle
Rank If not delivered lotalAnnual w
Department ProgramlProject Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
Information Track-It ITS Employees City Employees; City 6 *No central knowledge 6 Track It! is the Help Desk
Technology Administration Administration; City database for customer software used by ITS to track
Commission support and solutions technology related work orders
*No means of tracking submitted by departments and
internal work order other City facilities, It is the
processes and costs most widely used software for
associated with them this purpose in the fjeld, This
*Loss of reliable asset input and tracking structure
tracking system allows us to prioritize,
categorize and catalog inquiries
phoned to the Help Desk as
well as requests that are
submitted via interoffice mail,
email or fax, It also serves as
an extensive knowledge base
E$ $6,923 for ITS employees for past
inquiries, history,
troubleshooting sessions and
requests, The administration
and management of this
software is key to allowing this
tool to function as it should
without errors or interruptions. It
is our "bread & butter" tool in
ITS. Currently this software is
due for an upgrade which is
paid for with our service
maintenance agreement, going
from version 6,01 to version
7.0. In the future, we should
move to their Web based
application Footprint which
Page 21 of 50
Departm~.nt
Information
T PGhnologyr! 'e'
Ilnformati~11
iT ectlnologyiTie!
i
I
ri .......-----
Information
Technology/Tier 1
\
i
i
I
I
~gram/Project .
Tape Em
Backup/Disaster
Recovery
UPS Replacement Em
Risk Master Program Em
Support
J2009 PROGRAM EVALUATIONS...J
I ESSENTIAL' sERvicES-rES)
.....L_._.._._.___________
I
J
i
Customers ~_._--<<._.._-,_.... i Reliie'
..fi____'_____.... . -
Rank If not delivNed Total Annual w
Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
ployees Citizens 8 'Major decrease in IBM Backup Tapes/Drives,
saving City Financial provides safe measures of
Data. redundancy in case of
'Major Decrease in disasters. Utilizing "Backups
Protection affordable while active" technology would
total cost of ownership provide a 24X7 window for
Customer support. Currently,
ES $9,676 we send backup data tapes off
site to provide security for
restoration of City financial data
and customer information,
Possible use of off site Web
Based data storage Systems
could lower total costs of
ownership
_.-- ----. __..._._m_"_'-.' ,._.. ..---....-- _.
ployees Citizens 6 'PCs with aging UPS Implemented a replacement
systems will suddenly plan that rotates older UPS
shut down during power units with new UPS units, This
outages, resulting in loss is achieved via a UPS
of unsaved data and replacement plan to help lower
ES possible damage to $13,260 the costs per computer by
hardware using a trade in plan provided
'No replacement by vendor.
discount with vendor
'Possible improper
disposal of hazardous
material
ployees _._--~"... Citizens RISKMASTER is integrated
6 . Employee's time to 6
research physical data browser-based software that
. Decreased accurate automates your processing
reports environment - from risk
management and claims
ES $1,035 administration to policy processing
and litigation management. This is
a stand alone Version, would
recommend investing into a Web
Based Product.
------
Pag! . 50
12009 PROGRAM EVALUA TlONS
UESSENTlAL SERVICES (ES)
D
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
Information AS/400 System Employees Citizens 6 . Increased time for 4 System operations, perform
Technology/Tier 1 Operator Problem solutions save and restore functions,
. Decrease Customer Monitors various Jobs for error
support conditions and status of all job
. Ability to react to streams, responds to error
immediate needs messages as defined in AS/400
SOP's Records problems
encountered and actions taken
to overcome them, Operates
peripheral equipment such as
tape drives and printers and
performs user preventive
maintenance on tape drives
and DASD drives weekly,
Observes peripheral equipment
ES $9,317 and error messages displayed
to detect machine stoppage,
enters commands to correct
stoppage and resume
operations Performs
installation, configuration, or
upgrading of equipment
hardware, and peripheral
equipment. Performs Daily
AS400 IBM backups onto tape
drives; verifies backups,
determines the success of each
backup ands logs all events
- daily, Monitors system activities
by checking System Operator
messages, batch jobs, devices,
and printer or writer Out
Information City Intranet Employees Citizens 8 Deparments become 1 Intranet leverages
Technology Administration more isolated from one dissemination of valuable
ES another when information $26,075 interdepartmental services and
portal is eliminated, information,
Page 23 of 50
I Department..
i Information
. Technology/GIS
rlnf~rmation
ITechnology/We!
I
j Services
t
I Information
I Technology/Admil,
,
~-
I'nformation
Technology/Adlllir,
!
__J 2iio9 PROGRAM EVIUUA TlONS
l~~~~NTlAL~EI!:~[C~~ (~~)..
I
__Hi.
.L__l_____
, ,
c--~.~_--~.j I I Revie
I ~...-
Rank If not delivered Total Annual w I
Program/Project Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment i
udget Preparation ~_.- -
City 8 ITS. & G.I.S. 4 Budget could be driven from
Administration Commisslon/Citlzens/ I Departments would not top down. A dollar amount is
CityStaff have a budget document alloted to department and then
for planning and the department determines the
ES purchasing purposes $22,005 best use of funds. The Finance
Charge backs to Department could be ultimately
organizations such as responsible for administering
the CRA would not be department budgets.
coordinated at the
-------..- -_.._,~- ..-- department level ------
ity Intranet Employees Citizens 8 Deparments become more 1 Intranet leverages dissemination of
dministratio. isolated from one another valuable interdepartmental services
ES when information portal is $26,075 and information.
eliminated
.---.------ -_.. -.-
udget Preparation & Clt, 8 I.T S & G.1.5. Departments 4 Budget could be driven from top
dministratinn Comml sSlon/C Itlzer IS/C Ily would not have a budget down. A dollar amount is alloted to
Staff document for planning and department and then the
purchasing purposes department determines the best
Charge backs to use of funds. The Finance
ES organizations such as the $22,005 Department could be ultimately
CRA would not be responsible for administering
coordinated at the department budgets.
department level.
---.--------.....- -=--.---- ..-- f-:-,---.----- -- L-..______..._____
rocurement of City Staff/Citizens City Commission 8 Standardization of 4 Various departments could
chnology items for equipment would no determine their technology
S, GIS and city longer be coordinated by needs and procure and support
ide departments a central department. them on an individual basis.
Technicians would not be
able to assist users on
unfamiliar equipment.
Contractual service may
be necessary to
ES troubleshoot $15,896
equipmenUsoftware
problems. Direction to
management and
supervisory personnel on
purchasing guidelines
would not be
communicated.
t
I
I
C
A
B
A
P
te
IT
w
Page ,0
1
12009 PROGRAM EVALUA nONS
CJ ESSENTIAL SERVICES (ES)
D
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect ES 0-10 list 2"3 consequences Cost $ Code Review Comment
Information Payroll City Staff City 8 All employees would be 4 Automate it through the badge
Technology/Admin. Commission/Citizens paid a straight 40 hours. system, All time less than 40
Paychecks would not hours would be charged to
ES reflect accurate work $19,879 bank of personal time
time, vacation time, regardless of sick, vacation,
training events, etc. training, etc.
Information Staff meeting & City Staff Citizens 6 No one designated 4 Provide staff with necessary
Technology/Admin. scheduling person would be equipment to perform functions
assigned to Help Desk regardless of their location,
functions, Meeting Hire a 24 hour help desk firm.
coordination would have
ES to be handled on an $1,836
individual basis and
could cause conflict,
Essential staff may not
be available to handle
daily operations.
Information Supervison of Tier 1 City Staff City 6 Staff would not receive 5 Outsource entire help desk
Technology/Admin. staff Commission/Citizens direction and information, operation to a private firm,
thus quality customer
service would diminish,
Staff would not receive
semi-annual and annual
ES performance reviews. $27,540
Policy implementation
and creation would be
handled on an individual
basis.
Information City Commission City 8 Items needing City 4 All items for Commission
Technology/Admin. Agenda Items Commission/Citizens/ Commission approval approval could be brought forth
CityStaff ES would not be brought $4,266 by City Clerk, City Attorney or
forward in the prescribed City Manager
manner.
Page 25 of 50
Depart
nformation
1 Pc hnology
h~~fonllatior,
, . ,
I Tectmology
I
p~'iormatiol1
I Technology
I Utilities
i
i
i3g!!~PROGRAM EVALUATIONS
.J~SSE",!_!!~~ ~~'!-",i~~~_(~~l.
, I ,
I I ! i
Customers I I ReVle
---_.._,-- ---~ ~'~'---" ..---
Rank If not delivElred Total Annual w
ment Program/Project _. Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment I
... .-.--
E-911 Employees All External Customers 10 Inability to integrate with 1 Dispatch 911 operations is an
IGIS SupportlSel vices telephone company essential service and operations to
I database to update numbers the city and its residents. Failure to
I for emergency call back and add accurate phone numbers to the
I site location database cannot be compromise
Having the ability to locate cell
ES $4,477 phones via GPS is becoming
essential as cell phones are
replacing land lines as the primary
I phone service and communication
I GiSA"o;,;;;;;; method.
.- - .. --'-'-' . .. ... - -.-.-----..--....--.------...-.---- ..
Employees All External Customers 8 Current addressing in the
(GIS city is 90% incorrect The
high error rate not only
add latency to projects
ES but also increase the $40,715
chance of duplicating
addresses and street
names.
-- ....-... 1----.--.. f-::-c----- _.- -......-
Anti-Virus Protection Employees Citizens 8 * PCs and Servers will Without a strong anti-virus
leATS become infected and program, the system(s) would
crash. not function and business
* Staff can spend processes would suffer.
upwards of 280 hours to One occurrence of 280 hours
ES effect repairs. $19,750 cost the City $5,600, which
* Outside communication exceeds the total cost of the
will be compromised. program.
* Employee downtime
will increase
exponentially,
Page 50
12009 PROGRAM EVALUATIONS
DESSENTIAL SERVICES (ES)
D
Customers Revie
Rank If not delivered Total Annual w
Department ProgramlProject Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
Information Disaster Recovery Employees Citizens 9 * Considerable system In a growing number of states,
Technology/CATS- downtime of perhaps up government agencies are
Utilities to one month or longer to required by federal and state
rebuild all systems from mandates to have effective
scratch, contingencies in place to
* Lost of current and preserve timely operation of
historical data, payroll and payments,
* Lost of According to FEMA, 80% of the
equipment/ability to run local businesses failed to
operation in disaster resume operations in 1992 after
mode hurricane Andrew ravaged
large areas of Southeastern
Florida. The U,5, Bureau of
Labor Statistics states that as
ES $17,878 many as 93% of all companies
that suffer a significant data
loss are out of business within
five years. As a result,
spending for disaster recovery
services has increased, In July,
2002, the Chicago Tribune
reported that companies were
spending an average of $100 to
$250,00 a month on data
recovery services,
This has been partially
outsourced,
Page 27 of 50
---..-
II Department
Information
TechnologylCA.
Utilitle~.
Program/Project
WaterlWaste Water
lTelemetry
I
I
i
f
i
I
I
!
_____L--~_.._._~
12009 PROGRAM EVALUATIONS
Direct
----~_._.
Citizens
Customers
-----.----
Indirect
Employees, Citizens
.fEss~~!~~~ ~~~!~~Sf!S) ___ .L _nJ
ES
Rank
0-10
9
If not delivered
list 2-3 consequences
Without regular updates
system bugs would not
be repaired possibly
causing system failures
The lose ability to
monitor the health of lift
stations pumping
stations, wells and other
critical components of
the water and
wastewater
infrastructure. . lose
ability to monitor the
health of lift stations
pumping stations, wells
and other critical
components of the water
and wastewater
infrastructure.
'Malfunctioning
equipment can cause a
variety of problems such
as distasteful,unsanitary
drinking water sewage
back up in the streets
and citizens service
being without service '
Lose connectivity
between radios in the
field and computer
monitoring systems. '
Unable to detect alarms
ES
Pag_ - 50
Total Annual
Cost $
$67,805
I 1
- I
Rev,e'
w
Code
Review Comment j
In order to identify and respond
effectively to problems with our
water and waste water
equipment we must be notified
as soon as a problem arises.
Without working SCADA and
telemetry systems the status of
equipment would have to be
tracked manually by
employees, With over 158
liftstations alone the cost would
be tremendous. The utilities
infrastructure in the field is
monitored via radio_ It is the
responsibility of our department
to maintain and monitor the
health of the radio signal as
well as the equipment used to
transmit and receive that
signal.
-I
12009 PROGRAM EVALUA TlONS
o ESSENTIAL SERVICES (ES)
D
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
Information SCADA Systems Citizens, Employees 9 * Revert to manual These servers provide network
Technology/CATS- systems. communication, security and
Utilities * Delay in processing file storage.
customer/citizen request. Having timely access to data is
* No centralization of critical to meet the high
data. demand of government and
* Potential increase in businesses in today's
staffing due to lack of technology age, Utilities would
automation be compromise if we do not
have the ability to share
information with other
government and law
enforcement agencies, The
recent sniper case in Maryland
proved that without the sharing
ES $55,545 and accessibility of data
between the various law
agencies and states, the case
could have taken much longer
than three weeks to solve,
To improve the process, the
city should standardize on one
network. This project is
currently underway with the
implementation of the active
directory project between
Utilities, Police, and ITS,
Microsoft 2000 will be the
primary active directory across
the enterprise,
Page 29 of 50
I Department
r Information
iT echnologylC A I S
~ Uti!itie~c
lu~uu
i Information
IT echnologylCA TS
I Utilities
Information
TechnologylCA TS
Utilities
12009 PROGRAM EVALUATIONS
_~.l-- ~__~__ .___.___._
--'lESSENTlAL SERVICES (ES)
-- - ~._- --~-- --~_.,----'.~, -
_...
,
, Customers l Revie
<-- 0 ".~- ---..._--_..__.,~ _._.~---_..- - -_._._~
i I Rank If not delivered Total Annual w i
Program/Project Direct Indirect ES 0.10 list 2.3 consequences Cost$ Code Review Comment J
-~ -- ~.
Server Support Employees Citizens 8 . Remove a major The Internet is the fastest
resource to research and growing technology ever sine
share knowledge with its existence in the late 70's.
others According to Mathew Gray of
. Potential increase in the Massachusetts Institute of
long distance phone bills Technology, the number of
. Inability to share files people using the internet has
with other agencies tripled from 32 million in 1994
to 9.5 million in 1996. Since
1996, the numbers continues to
PE $127,369 triple almost every three
months.
. The city can also improve its
i work processes and save $ by
integrating many of its legacy
systems to web based
applications. This project
should coincide with the HTE-
AS/400 project listed as part of
this program evaluation.
----..-----.- .- ____un. -~- ~------~-_..---
Internet Connectivity Employees Citizens . In an emergency The utilities administration
various departments building is the city's EOC. It is
would be without our responsibility to insure this
technology that would building is prepared to serve
allow them to do their the technical needs of all
jobs. employees on hand during an
ES . With already limited $14,351 emergency.
resources EOC
personnel would have to
revert to manual
processes further
hindering their
effectiveness
Network Connectivity Employees Citizens 8 . No telephones service This PBX system services the
. Extremely limited Utilities OIT admin ( EOC )
internal and external building and the East Water
communication Treatment plant. This PBX can
. No voice mail function independently of the
ES . Loss of communication $17,308 City Hall PBX in the event that
in the EOC the City Hall complex is out of
service continuing operation at
the Emergency Operations
Center.
------ ----
Page 50
1
12009 PROGRAM EVALUA TIONS
I~ ESSENTIAL SERVICES (ES)
I=:J
Customers Revie.
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
Information EOC Center (Setup) Citizens, Employees 9 If the EOC was not setup
T echnology/CA TS- properly ahead of time
Utilities There would be no
phones radios or
computers available to
the Operations center
staff. This would hinder
their ability to organize
and coordinate recovery
efforts. Support staff in
ES the EOC is essential. $2,403
The EOC needs to have
at least 2 IT staff
members on site during
an event to deal with
unexpected problems
that may occur. This
would hinder their ability
to organize and
coordinate recovery
efforts.
Information PBX Phone Service Employees Citizens 9 * No telephones service The Secondary PBX located in
Technology/CATS- . Extremely limited the Utilities Administrations
Utilities internal and external building can operate
ES communication $3,504 independently of the Main PBX
. No voice mail in the City Hall complex. This
PBX supports the current EOC
Information PC Maintenance Employees Citizens 8 . Software will not work New software technologies
Technology/CATs- Program properly using obsolete exploit newer, more robust
Utilities hardware. hardware developments driving
. Decreased employee the coevolution of both.
(customer) productivity. However, we can reduce cost
by incorporating a mixture of
thin clients and PC's. I do not
believe every position needs a
ES $32,269 PC with 20-30 Gig hard drive
space. We will investigate and
provide a report in the coming
fiscal. An enterprise leasing
agreement may also be
advantageous to leverage
technology while saving $ to
the city.
Page 31 of 50
12009 PROGRAM EV~LUATlONS
...1__ _ J~~~!,!T1AL SERVICESJES} _.
T l r
i I !
I Customers Revie
---~ -------. "- -.-... ,-----_..---"- . ..'-
Rank If not delivered Total Annual w I
Department Program/Project Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
.~
Information ,Project Management Employees Citizens 8 . Deadlines are not met Organizing and managing
Technology/CATS I and mission critial resources in a way that these
Ut.ilitie~ I systems may not be in resources deliver all the work
I place when they are required is crucial to
i needed * Budgets are maximizing productivity.
i
I Es exceeded as resources $29,498 Integrating resources from
are not accounted for multiple parties often becomes
necessary as many of the
projects ITS-Utilites are
Ii involved in extend beyond a
soley technological scope.
[ Information -. .-.------ ---~------ --::-:-C.--'.-- -- -. -..- --- --~...---
Site Security E mpolyeesil nfrastruct Citizens 9 If proper security
I Technology/CA rs I ure services are not in place
! Utilities I unauthorized access to
I critical areas of
I operation; would be
I
allowed their by creating
an unsafe environment
for city staff and the
public. It would increase
the chances of sabotage
ES and theft to our drinking $136,961
water, and the facility
where it is produced
I would also increase
either by internal and/or
external entities. Further,
The Water plants would
not meet the minimum
security requirements set
by central government.
--"--'" Citizens
Police Public Police Department 8 Loss of agency 1
DepartmenUAdmill. Information/Public accreditation. Loss of public
Records Request E:S confidence in agency. Loss $84,010
Compliance of media liaison. Violation of
State Statutes.
----- f-
Police Increase in free-roaming
DepartmenUAnimal animals, deceased animals
CtrL ES on roadways, injured pets, $20,256 Calls for service generated by
animal-to-human bites, citizen complaints. Health/safety
L Stray animal Complainant traffic hazards, and welfare issue. Essential for
impoundment Community All citizens 8 overpopulation 1 support of division purpose.
-
Page 50
'I
12009 PROGRAM EVALUATIONS
I~ ESSENTIAL SERVICES (ES)
I=:J
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
Police
Department/Animal Increase in animal
CtrL abuse/dog fighting activity, This is a prevalent problem in many
ES dangerous dogs, injured $21,295 neighborhoods. Animal fighting is
Animal cruelty/fighting animals, pet thefts. children linked to other acts of violence and
i nvestigation/prosecuti Complainant desensitized to felonious criminal activity.
on Community All citizens 10 violenUabusive act. 1 Proactive program.
Police Violators would not be
Department/Animal penalized. Increase in free- Calls for service generated by
CtrL ES roaming animals, injured $45,375 citizen complaints. Health/safety
Complainant pets and animal -to-human and welfare issue. Essential for
Ordinance enforcement Community All citizens 10 bites. 1 support of division purpose.
Police Health/safety and welfare issue.
Department/Animal ES Unsightly roads, traffic $8,836 Many municipalities utilize
CtrL Deceased animal hazards, threat of disease, roads/streets personnel for this
removal Citizens All citizens 2 foul odors. 1,4 function.
Police
Department/Animal
CtrL
ES $5,084
Threat of zoonotic disease Mandated by Health Department,
Animal bite transmission (rabies), essential to ensure health and
investigation Bite victim All citizens 10 dangerous dogs. 1 welfare of citizens.
Police
Department/Animal ES Animal Control Division $19,640 Essential for support of Division
ICtrL Divison Administration Entire Community Entire Community 10 would not exist 1 purpose.
Police
Department/Code Comm. Appearance ES Diminished property value, $186,197 Essential for support of division
Enforcement Violators/Complainants Entire Community 8 visual blight 1 purpose
Police Essential for support of division
Department/Code ES Danger to community safety, $14,322 purpose
I- I" Demolitions Violators/Complainants Entire Community 8 increased crime, blight. 1 Currently outsourced
Police ... Uninspected buildings and
Department/Code ES systems due to no $29,429 Essential for support of division
Compliance permitting, unsafe purpose & Building Division
Violations - Red Tags Violators/Complainants Entire Community 8 buildings/structures 1
Police
Department/Code ES $24,786 Essential for support of division
Compliance In Support of Bldg Div - Unsafe installations, purpose & Building Division
Permits Violators/Complainants Entire Community 8 uninspected work 1
Police
DepartmentJCode ViolatorsJT enants/Compl ES $24,786 Essential for support of division
. nee Housing ainants Entire Community 8 Unsafe living conditions 1 purpose
Page 33 of 50
1
12009 PROGRAM EVALU~T'ON~___1
Customers
!
i
!
~ f-. ~
~ Program/Project _ Direc!...___
Administrative SupporU
~ust()_rn:!_~:.rvice_ EntlfP C01THl1ll\oIt!
BOMd Legal
Procedures
Indirect
ES
Greater Boynton Beach
area
-+-.-
ES
ES
Entire Community
Violators
I~entallnspections
j""OIP"d"",'
ES
T enantsNlolators
Entire Communltv
--f----...--.- .
ES
Police/Predators
-- ----_._--.--
Entlfe Community
--- --_.__._~-----_.
ES
Unlicensed Contractor
Enforcement Violators/Complainants Entlfe Community 8
Evidence Employees Citizens, Court System 10
rt Maintenan'~',
ES
1---------_. --. -----.
Police Crime Scene Employees, victims Citizens, Court System 10
DepartmenUSuppo rt
Services ES
Police Records Employees, citizens Citizens, Court System 10
DepartmentlSuppo rt Management
Services
Es
--
Victims
-- --~----~----
Police Victim Advocate
DepartmentlSupport
Services
Employees, Court
System
Es
PagE 50
I ESSENTIAL SERVICES (ES)
Revie i
Rank If not delivered Total Annual w
0-10 list 2-3 consequences Cost $ Code
8 Code Compliance Division $407,007
would not exist 1
-..--.---
Code Compliance D,vision $17,603
8 would not exist 1
-.- .--
Unsafe conditions for $23,805
8 tenants 1
----"'.-.-"." ~--f-.--._-~-'.
$5,859
10
Unsafe Community
-- f-- .------ ---- -- -
10
Large increase in cases
involving contracting fraud,
Large increase in unsafe
construction due to lack of
permits/inspections
Agency will lose
accreditation status.
State Attorney will be
unable to prosecute
cases. Agency will be
inviolation of State
Statutes. __________.___._
Agency will lose
accreditation status.
State Attorney will be
unable to prosecute
cases. Crime rate will
increase.
Agency will lose
accreditation status.
State Attorney will be
unable to prosecute
cases. No crime
analysis, Agency will be
in violation of State
Statutes.
Service is required by
law. Sworn personnel or
contractors would have
to provide the service
Agency will be in
violation of State
Statutes,
$2,322
$122,902
L
i
j
Review Comment
Essential fOi support of divIS10n
purpose
-.
Essential for support of diVISion
purpose
. --
Essential for support of diVISion
purpose
Essential for support of division
purpose
-
1
6
Essential for support of diviSion
purpose
-.--..-----.----
- - -----f----.--.~
2
$289,178
$1,071,830
$78,312
6
.-
1
12009 PROGRAM EVALUA T10NS
CJ ESSENTIAL SERVICES (ES)
D
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
Police Investigation Victims Employees, State 10 Investigation is required 2
Department/Support Persons and Attorney on certain cases. If not
Services Property Crimes us, another agency
would have to come in to
Es handle the investigations. $2,541,671
Agency would be in
violation of City
Ordinances and State
Statutes
Police Investigation - Victims Employees, State 10 State mandated. We 6
Department/Support Juvenilel Adult DCF Attorney, DCF have signed an MOU on
Services Crimes ES this matter obligating us. $603,678
Agency would be in
violation of State
Statutes.
Police Criminal Intelligence Police Officers Citizens 10 Criminal intelligence and 6
Department/Support analysis is required to
Services ES conduct preventive $59,253
policing and crime
investigation operations
Police Uniform Patrol Citizens Government 10 Civil unrest. Uncontrolled 6
Department/Uniform crime. Unsafe communities.
Services Deterioration of the City.
ES Violation of City Ordinances $12,123,544
and State Statutes.
Police Traffic Unit Citizens, Police Ofcs. Government 8 Decreased capability to 3
Department/Uniform enforce traffic statutes,
Services ES control traffic, investigate $945,344
crashes. Loss of revenue.
Police Patrol Administration Citizens, Employees Government, Employees 10 Decreased operational 2
Department/Uniform ES efficiency. Increased liability $422,457
Services and a reduction in employee
morale.
Police Veh. Svcs. Transfer Citizens, Employees Government, Employees Decreased operational
Department/Uniform ES efficiency. Increased liability $742,206
and a reduction in employee
Services morale.
Page 3S of 50
-1
l_~ei3..~ment -1- program/Project_
I Police ..19.1-1 Call Taking
IDepartmentiC,omrnunl
i ications I
I
1
_~ _. C'_'_"'__ _,
__12009 PROGRAM EVALUAT~g!'JS
Customers
Direct
Indirect
Police & Fire-Rescue
Citizens
I
tp~iic~ No~~E;;;~~ge;;~yCaii-~;~~e~s
i Departmpntd 0i11Il1Un Taking. .. Cost
I ication~ included in ITS budget
rpolice
IDepartrnenUCo
I ications
I
!
...-1-.....----.---
Fire/EMS Dispatch
mrnun
Police Police Dispatch
DepartmenUCornrnun
ications
Police & Fire-Rescue
ALL other City
Departments
- --..- __un
Citizens
Fire~Rescue
Citizens
Police
-
l~S~~NTlAL SERVi~~~J~~L.L .1
ES
i Rank
0-10
10
8
ES
ES
ES
ES
Page 50
If not delivered
list 2-3 consequences
1. If the FIRST "First-
Responders" don't answer
911, it is impossible for the
Police and Fire-Rescue
Departments to carry out
their most vital function~~
emergency response, ie.
saving property and lives of
citizens 2. Obvious legal
liability, due to negligence
10
8
1. Loss of intervention in -- -
non~emergencies frequently
escalates them into
emergencies. 2_ Loss of
conduit (for citizens) to all
other City Departments
during off time, i. e. nights,
weekends, holidays. 3.
Obvious legal liability due to
negligence.
10
8
1. Failure to (or delay in)
dispatching Fire or Medical
calls could result in loss of
life and/or property. 2.
Ineffective dispatch could
result in injury or death,
danger to field personnel,
and compromised Fire-
Rescue operations. 3.
Obvious legal liability due to
negligence.
10 1. Failure to (or delay in)
8 dispatching Police can result
in loss of life or property.
2.lneffective dispatch
jeopardizes officer and
public safety, and
compromises Police
operations. 3. Obvious legal
liability, due to negligence.
Total Annual
Cost $
$364,995
$364,995
$364,995
$400,095
Revie i
w
Code
Review Comment
-------------.-- --.-.--
12009 PROGRAM EVALUA T10NS
DESSENTIAL SERVICES (ES)
D
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
Police FCIC/NCIC/Palms Police Citizens 10 1.Failure to provide 1
DepartmentlCommun 8 information necessary for
ications investigative purposes.
ES could result in officer injury $365,460
or death, and danger to
public.2.0bviousllegal
liability, due to negligence.
Police Emergency Medical Citizens Fire Rescue 10 1. Failure to provide would 1
DepartmenUCommun Dispatch result in violation of
ications nationally established
standards of care. increased
bystander risk, and greatly
lessened patient viability
when EMS arrives. 2.Loss
of medically correct, caller-
ES empowering/reassuring, and $467,662
life-saving pre-arrival
instructions ("Zero-minute
response time" to access a
medical professional.) 3.
Legal liability due to neglect.
Public WorksAdmin. Financial Public Vendors 8 No oversight on bill 1 None
Administration ES payment. No budget $54,747
I preparation.
Public WorksAdmin. Public Relations / City Employees Public 4 Public and customers 1 None
Mtgs. would not be given
ES "personal" attention.
Phone calls could go $41,872
unanswered.
complaints not resolved.
Public Development Plan Developers Residents and 10 Development may not 1 None
Works/Engineering Review Businesses ES meet local and state $297,039 Procedures
codes without City
oversight.
Public Record Plat Reviews Developers Residents and 10 The City would be in 6 Consider contracting plat
Works/Engineering Businesses violation of State statute review for large projects and
ES (Chap. 177) if this $57,418 passing cost to the customer.
services is not provided.
Public Project Management Depts. Citizens & Visitors ES 8 None. $49,850 1 Maintenance contracts must be
Works/Facilities continued.
Page 37 of 50
I Department
. Public Works/Fleet
i Public Works/F1eel
[PI;bIiC Works/Fleet
I
Ipublic Works/Fleet
I
[PUbliC
jWorks/SanitatioP
I
Public
Works/Sanitation
Public
Works/Sanitation
Public
Works/Sanitation
Public
Works/Sanitation
J 2009 PROGRAM.~'!.ALUA_T10N~___~__~JfSSENT~A~~EJ~VICES (ES)__L
Program/Proje<:t_
Maintain Fleet
(Preventive)
Maintain Fleet
(Breakdowns)
Direct
City Employees
City Employees
_.-."'~--~'_.
Purchasing City Employees
(Purchase vehicles &
opp supplies for
fleet)
Fuel Purchase and
Fuel System Maint
City Employees
Residential Garbage Residents
Residential Bulk
Trash
Residential
Vegetation
Residents
Residents
Commerical Garbage Businesses
Construction Debris Contractors
Public Works/Streets Sign Placement &
Maintenance Main!.
Motorists and
Pedestrians
"T
i
I ; , I
Customers I Revie
-~- ______. --~----..-.._---
Rank If not deliv,~red Total Annual w
Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment ,
---."- I- ----
Public 10 Fleet will fail and city 1,5,6 This service will be restructured
services will not be to provide a increased in house
provided. Fleet service level designed to
ES operational condition will $1,008,840 reduce breakdowns through
decease aggressive
maintenance/inspection
practices
- -.-..- - -- f-----
Public 9 Fleet will fail and city 1,6 This service will help provide
services will not be safe usable resources for city
Es provided. Fleet $609,816 departments and service
operational condition will providers.
- decease
._..~... -
Public 9 Resources must have 1,6 Recommendation to evaluate
timely replacement usage and dispose of unused
Es schedules or $1,748,963 or seldom used equipment.
maintenance cost will Develop plan to identify and sell
soar and residual values this equipment, maximize
will decrease. residual value.
1.- ..-.....---. ~-~._--
Public 9 Fleet will fail and city 1,6 Evaluate and maximize
services will not be storage, evaluate security and
Es provided. $1,293,195 efficiently of existing tanks to
provide cost effective services
1--_.
NA 10 Health hazard 1,5 Residential Garbage service is
ES City becomes dumping $3,006,309 essential. Frequency of pickup
area could be changed.
--~~. City becomes dumping Some communities offer
NA 10 1,5
ES area $1,763,373 quarterly service only. Boynton
Illegal dumping would be Beach offers weekly service.
ramoant
NA 10 Illegal dumping 1,5 None
F ES 6 More composting and $601,862
odors
Business patrons 10 Illegal Dumping 1,5 Staff would like to replace
Es 8 Unsightly commercial $1,186,839 dumpsters more frequently to
areas enhance appearance.
Future tenants and 10 Significant loss of 1,5 Program must remain or other
residents Es 8 revenue to Solid Waste $1,167,393 fees be increased.
Fund
.- -.--
NA 10 Must post regulatory 1 None
ES control. No choice. $129,762
L~ --------
Page 50
12009 PROGRAM EVALUA T10NS
I~ ESSENTIAL SERVICES (ES)
1=1
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
Public Works/Streets Pavement Repairs Motorists Pedestrians 8 Potholes would develop 1,5 This would be well suited for in
Maintenance and damage cars. house staff because of the
ES Pavement costs would $142,418 flexible nature of assignments.
increase in the long run.
Public Works/Streets Sidewalk Pedestrians, Parks, businesses 8 Sidewalk failures would 5 Contractors may be more
Maintenance Maintenance especially grade ES lead to trip hazards, $156,315 efficient Minor work still done in
school children injuries and lawsuits house
Recreation & Financial Staff Citizens Vendors 9 Budget would not be 6
Parks/Admin. Administration prepared. No reports or
Es oversight on dept $63,109
financial activities.
Payments not processed.
Recreation & Personnel Staff Citizens 9 Lack of direction and 6
Parks/Admin. Administration coordination between
ES various sections. Loss of $78,047
leadership. Lack of
support.
Recreation & Administrative Staff, Citizens 8 Essential functions could 1
Parks/Arts Ctr Support ES not be maintained. $26,959
Recreation & Section Staff, Citizens, 8 Lack of direction and 1
Parks/Boatclub Park Administration Participants, Vendors Es supervision at the facility $3,572
and for the programs.
Recreation & Program Program participants, Staff, Instructors Customers wouldn't be Program registration by this self
ParksllCPCH Registration Parents ES able to participate in $36,787 directed work team is essential
recreation programs. to the department's function.
Recreation & Section Staff, Citizens, , ,. i Lack of direction and
ParksllCPCH Administration Participants, Vendors :,.! supervision at the facility $27,647
and for the programs.
Recreation & Section Staff, Citizens, 8 Lack of direction and 1
Parks/Civic Ctr. Administration Participants, Vendors ES supervision at the facility $19,825
and for the programs.
Recreation & Administrative Staff, Citizens 8 Essential functions could 1
Parks/Civic Ctr. Support ES not be maintained. $8,316
Recreation & Strategic Citizens Staff 9 Could not maintain 1 Strategic planning has allowed
Parks/Civic Ctr. Planning/Research ES national accreditation; $8,006 the department to become
grow and improve. nationally accredited.
Page 39 of 50
_12009 PR~GRAM EVALUAT~~NS__j___JESSiNTjjU~SE,!VICES (ES~_
i I I
Customers i Revie
- + ._1 .-..-
Rank If not delivered Total Annual w ,
Department Program/Project Cost $ I
Direct Indirect ES 0-10 list 2-3 consequences Code Review Comment
Recreation & Section ....,---, --.---.
Staff, Citizens, 8 Lack of direction and 1
Parks/Hester r:entei AdministratIOn Participants Vendurs I Es supervision at the facility $20,191
and for the programs
,
, -- .'."_-".0" __ .___.____ --- --.---..-.--- --.- ---- --. -----~
) Recreation & IAdministrative Staff Essential documentation
\ ParkslOeson p",_" could not be reGorded.
History could not be
i ES maintained in order to
compare cost analysis, $21,458
i and provide input for
improvement.
--.----- ---~_.._- ..~- -.... ~. ~..- "-'"^'._-~-----'---~------
[Recreation & Pool Maintenance Staff/Citizens Could not maintain water
Parks/Des on Pooi quality to public health
i department standards.
!
i Es Would cost the City and $18,154
I
i added job classification
i in order to maintain
i
-_.--~- . .------ -- --.. --.--.-.--..--..--- ~_._----- f--- ---.-..._----- ----
Recreation & Section Staff, Citizens, 8 Lack of direction and
Parks/Sims Center Administration Participants, Vendors Es supervision at the facility $24,821
and for the programs.
..--.--..--
Recreation & Administrative Staff, Citizens 8 Essential functions could
Parks/Sims Center Support ES not be maintained. $37,453
Recreation & Section Staff, Citizens, 8 Lack of direction and 1
Parks/Senior Center Administration Participants, Vendors ES supervision at the facility $17,031
and for the programs.
_.-----.-- ------"
Recreation & Section Staff, Citizens, 8 Lack of direction and 1
Parks/Tennis Center Administration Participants, Vendors ES supervision at the facility $24,191
and for the programs.
--- . ~- ---~- -,._- Detioration of court 5 or 7
Recreation & Court Maintenance Players Staff, Vendors 8
ParkslTennis Center surfaces would occur
without regular
ES maintenance resulting in $60,117
an unsafe and unusable
playing surface.
-.-. ----. -,_....._-- -~.,.-._._-~._.-
Pag f 50
l
12009 PROGRAM EVALUATIONS
1~IESSENTlALSERVICES (ES)
I=:J
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect ES 0-10 list 2-3 consequences Cost $ Code Review Comment
Parks Administration Residents, Employees Public 9 Decreased and deficient 1
ES accountability,
administering personnel, $228,535
budget and public issues
Risk Management Bringing case mgmnt in-
Workers' Com pen- ES Less efficient medical $80,765 house resulted in reduced
sation Claims treatment Increase in frequency of litigation and
Administration Injured employees Employees 10 litigation. Higher costs. 2 reduced cost
Risk Management
Current use of in-house
claims staff & outside
adjuster on property and BI
ES $64,079 cases results in efficient cost
effective claims
management Alternative of
Property & Casualty Less efficient response outsourcing entire program
Claims Damaged General to claims. Increase in will result in increased costs
Administration Public General Public 8 litigation. Higher costs. 2 & loss of control of program.
Risk Management
Continue program mandated
ES Fines by federal $9,755 by law. Alternative will result
government in violation of federal
Increased probability program & increased risk for
Random Drug & General Motoring of motor vehicle losses resulting from
Medical Testing CDL Drivers Public 10 accidents 6 impaired vehicle operators.
Risk Management
Continue activities in
disaster planning,
implementation & recovery
activities. Alternative of
ES $23,106 dropping or reducing
Failure to receive program will result in loss of
FEMA, State & reimbursements due to
Other govern- insurance inability to document and
Disaster/EOC mental agen-cies, reimbursements. provide information
Planning & Dept. staff & City ins. Companies & Increase in property necessary to receive
Operations staff General Public 10 insurance premiums. 1 reimbursements.
Page 41 of 50
fRisk ~e:n
agemen!
['-
~-----_.... --.-----.-
! Utilities/Admin
i
I Utiiiti~slAdmin
l.._-_~
i Utilities/Admin
i
I
I
I
12009 PRiJGRAM E.V A_L.!!~!!O~~
i----.-.~--.. _._________Customers
Indirect
--.<-.----- -----
.P.rog~~roject__i--~___ Direc~_________~
Dept. staff & City
Office Administration staff
Safety and
Environmental
promotion and
public concern for
environmental
;"''''....'''
Backflow Prevention
Program
Support for
department
environment,
departmental staff.
OSHA
Cllizens
City staff & General
Public
------
customers
regulatory agencies
--_.--- r--,------
Department. citizens, other City departments
ratepayers
-- --.__.~-"
Meter Se rvices Read Water Meters Customers
---
Meter Se rvices Install New Meters Consumer
--,...~ --- --
Meter Se rvices Establish Service Consumer
_...
Wastewa ter line Inspection Employees
collection ,lift (including
station, tr eatment storm water)
Finance
Finance
Finance
Citizens
IDSEi\iriAi SERVICES TiS)
- --'--'~--'-'~"-----
ES
I
i
Rank'
0-10
If not delivered
list 2-3 consequences
Es
6
Failure of department
to operate
10
safety and environment
will be compromised
Es
Es
possible contamination of
potable water supply
ES
administrative functions
like payroll, procurement,
human resources,
attorney support,
insurance coverage can
not be adequately
performed
Revenue Loss;
Unaccounted for water
No Certificate of
Occupancy; Lost
Revenue
Es
ES
10
10
ES
9 Miss Billings Revenue;
lIIeoal Consumotion
9 Difficulty in finding
location. Acceptance of
bad piping from
contractors
ES
PagE 50
'__ __ ___' Revie I
Total Annual w
Cost $ Code
$94,079
- ---
$178,924
$63,880
$4,896,500
$104,927
$283,306
$160,522
$289,431
j
I
Review Comment
--
Continue departmental
operations to manage
programs efficiently and cost
effectively. Alternative is to
have other department
assume responsibilities, or
outsource activities, resulting
in reduced efficiency and
increased costs for
departmental programs
6
safety and environment
important
3
Will eventually convert to Fixed-
Base Meter Readino
New Development
3
3 New customers, current
readinQ, shut off or turn on
6 This program is essential to
City to properly operate and
maintain the Collection System
12009 PROGRAM EVALUATIONS
I=:J ESSENTIAL SERVICES (ES)
I=:J
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect Es 0-10 list 2-3 consequences Cost $ Code Review Comment
Wastewater Sewer Main Line Employees Citizens 8 Sewer Back-ups - 6 This program is essential to
collection, lift Cleaning using Insurance claims rise City to properly operate and
station, treatment vactor type ES $535,075 maintain the Collection System
equipment and TV
tr",....
Wastewater Service Calls/Repairs Citizens Employees Citizens 8 Existing pipe lines will fall 6 This program is essential to
collection, lift respond to customer -- apart. Additional services City to properly operate and
station, treatment needs ES for customrs will not be $534,023 maintain the Collection System
met. Outdated system
Wastewater Pipe lining, Employees Ciizens 8 Open trench excavations 6 This program is essential to
collection, lift rehabilitation of the ES costly. Restoration costs $31,286 City to properly operate and
station, treatment system higher maintain the Collection System
Wastewater Sewer main Citizens Employees Citizens 8 More sewer line repairs, 6 This program is essential to
collection, lift replacement, loss of service for City to properly operate and
station, treatment manhole rehabs ES customers, insurance $322,683 maintain the Collection System
claims increase
Wastewater Submersible Pump Employees Citizens 8 Savety liability increases. 6 This program is essential to
collection, lift Replacement ES. Outdated pumps will $341,901 City to properly operate and
station, treatment break maintain the Collection System
Wastewater Aerial Pipeline Citizens Citizens 8 Citizen complaints will 6 This program is essential to
collection, lift Crossing increase. Insurance City to properly operate and
station, treatment PaintinglMaintenanc liability increases if $2,286 maintain the Collection System
e ................ someone should hit pipe
Wastewater Odor Corrosion Citizens Citizens 8 Citizen complaints will 6 This program is essential to
collection, lift Control at Lift increase. Smell and City to properly operate and
station, treatment Stations and other Es odor problem will $233,863 maintain the Collection System
highly corrosive increase
areas within the
.."..t......
Wastewater Landscaping of Lift Citizens Citizens 8 Citizen complaints will 6 This program is essential to
collection, lift Stations ES increase. Lift Station will $104,708 City to properly operate and
station, treatment look like industrial maintain the Collection System
stations (verv plain)
Wastewater I & I Study for Sewer Citizens Citizens Employees 8 Sewage flows will not be 6 This program is essential to
collection, lift System accounted for. Additional City to properly operate and
station, treatment ES cost to City to treat $159,952 maintain the Collection System
excessive inflow of clean
water
Page 43 of 50
12009 PROGRAM EVALUATlO.NS___ .JESSEi\iT1ALsiRvicrs7jS)_
I
! i I i I
i~.------------ I Customers I Revie
r- ~-_.__.<,- .~ Total Annual ..u
Rank If not delivered w
I Department_. Prograrn/Proje_~_ F D;,,,, Indirect Es 0-10 list 2-3 consequences Cost $ Code Review Comment j
----- .--..
Wastewater Wastewater , Citizens Citizens 8 operations will loose 6 This program is essential to
collection, lift Telemetry and Es efficiency $48,162 City to properly operate and
istation, treatmelli SCAD A maintain the Collection System
[----- .."--~- f--.-_H --....--" --.-,- ..---- --'-'-'-----'-
I Wastewater Lift Station Citizens Employees Citizens 8 Increased breaks, more 6 This program is essential to
icollection, lift Inspection & ES citizen calls, less $585,558 City to properly operate and
[station, tre:tmen! Maintenance maintenance maintain the Collection System
_..~. --. .~ 1-:::------ -- _..~._~<- --.----.---- -._-. ~_., .....-----.--..'
Wastewater Sewage Treatment Customers. Department 10 Mandated by law 6
I ~~~~~ction, lift environment ES $4,207,198
ion tr"atment -,---_.. - -~-----_._-- -. f-- - -- --
l~astewater Administrative Department 8 Paperwork, buslf1ess 6 Program is essential to city
,collection, lift acitivities that functions necessary to functions as documented in
i station, treatment include procurement, ES run department $731,402 past events
! payroll, fleet,
i personnel issues
rUtilities Engine-e~irlg ~_._-_._-- - ------.-- -- --_.-- - ----- --- -,----- This program is mandated by
Utilities Locations Contractors and Customers 10 Delays in construction - 6
I Designers ES Increased outages and $274,952 the state
I Utilities~C~st~r;';er --1---.----.- reoairs
Collection Of Utilities, Finance, City Citizens 9 Increase in unpaid & lost 3 An essential activity to reduce
Isvc Revenue of Boynton Beach revenues. Increased revenue loss,
! ES illegal usage & damage $161,418 A potential means of
to metering equipment. generating new revenue and
additional oavment ootions.
- ---".'---.- .. Develop consolidated billing for
Utilities Customer Utility Billing Utilities dept., Utility Finance, City of 10 Delayed & missed billing. 6
Svc, Customers, City Boynton Beach Increase in illegal usage, multiple account customers_
Revenue ES no billed accounts, lost $442,785 Provide e-gov billing and
revenue & customer additional payment options,
complaints,
---.. Develop consolidated billing
Utilities Customer Printing and Copying Utility Customers, City Citizens 8 Delayed/missed billing & 6
Svc. Staff revenue. Lowered and e-gov billing. Centralize
ES morale, increased cost, $151,914 printing, copying, laser fiche &
dissatisfied staff duplicating operations for City.
~---_._.. ------ -~ -- ES Necessary in correlation with
UtilitieslWater Test Water Customers, Water 10 Mandated by law 1
Quality Plant, Regulatory $262,717 making water, quality
Agencies assurance that it meets
guidelines established bv law
UtilitieslWater Sampling Customers, Water Regulatory Agencies 10 Mandated by law 1 Necessary for testing purposes,
Quality Plant ES $71,747 sampling occurs throughout the
--.- svstem
UtilitieslWater Consumer Protection Customers Regulatory Agencies 8 Mandated by law 1 Quality Assurance is necessary
Quality Es $88,141 to maintain potable water
-.-----'. --.-".-.. ---- standards
Pag f 50
l
12009 PROGRAM EVALUA T10NS
1~IESSENTIAL SERVICES (ES)
CI
Customers Re"ie
Rank If not delivered TotafAimual w
Department Program/Project Direct Indirect Es 0-10 list 2-a consequences Cost $ Code Review Comment
Water Distribution Conserve Water Water Plant SFWMD and 10 Violate Water Use Permit 6 Measure results and evaluate
Consumer, kids Es Capital Expansion Costs $101,273 annually
Water Distribution Fix Leaks All service area PBCHU SFWMD 10 Wasted Water, Unsafe 2 Emergency response will
customers Es 10 Conditions, Boil Water, $347,201 decrease with increased water
main replacements
Water Distribution Maintain All service area Fire Dept. PBCHU 10 Loss of Fire Protection, 5 Could be outsourced
Hydrants/Flow customers Es Violations of Law $206,959
C.. n.."itv
Water Distribution Install New Services All new residents and Customer Service Es 10 Inability to provide water $128,120 6 Review - doing in house vs.
and Taos businesses contractina out
Water Distribution CUP Compliance SFWMD SFWMD and Es 10 Permit Violation $137,528 6 Required Permit Conditions
Consumer
Water Distribution Replace Hydrants Neighborhoods Fire Dept. PBCHU 10 Less Fire Protection - 6 Sporadic and emergency
ES Increased Insurance $69,743 response
Cost
Water Distribution Exercise Valve & Consumers Water Distribution 8 Valve may not work - 5 Potential for outsourcing
Locate ES Inability to isolate - $71,856
longer boil waters water
wasted
Water Distribution Flow Testing Customers Water Distribution 8 Inadequate flow for 5 Potential for outsourcing
customer fire lines.
Es Customers not receiving $32,744
minimum flows
Water Distribution Water line Customers Water Distribution 8 Inadequate flow for 6 Will be incorporated in several
replacement customer fire lines capital projects
Es Customers not receiving $343,648
minimum flows
Public Water Provide Drinking City and Service Area SFWMD and LWDD 10 Mandated by law 2 Provides quality product, meets
Treatment Water, operation of 2 ES 8 $4,895,146 all regulations, process
water treatment constantly, reviewed
nl..ntc>
Public Water Proactive Safety Department, City, customers, Safety is a #1 priority
Treatment employees workers compensation Es $80,615
rates
Public Water CUP Compliance Regulatory Agencies sfwmd, customer ES 10 Required to pump water $284,394
Treatment
Public Water Dispatch City and Service Area Sewage Pumping 10 Boil Water, Traffic 4 Distracts from operation and
Treatment Responders Water/Sewer ES Hazard, Health Hazard, $27,678 staffing modifications
Stormwater Loss of Production
Public Water Monitor Sewage Pumping Station All residents and 6 Boil Water, Traffic 4 Distracts from operations
Treatment Stations Division Visitors to Service ES Hazard, Health Hazard, $16,053
Area Loss of Production
Page 45 of 50
Department
Public Water
Treatment
Public Wate,
Treatment
I-
i Stormwate!
f .
, Stormwate'
f~-n...........~
I Stormwater
I S torm-Wat~r
I
Stormwater
Stormwater
I i009 PRO-GRAM EVAiUA~I~~~_J~HJff~~_iivTlA~};ERVICE~~@r~n_l~_j
.,-'- ;-- ,
i L i
Customers Revie
Rank If not delivered Total Annual w
Program/Project Direct Indirect Es 0-10 list 2-3 consequences Cost $ Code Review Comment I
!
Well Maintenance Department, water Customers, regulatory ES 10 Mandated by law $673,634 6 need raw water to provide
and Manaoement jplants --- -----,_.._- ~nc:i~ . ---..- n_ - - ~ I potable_water.to customers
Plant Improvements - Customers 1 egulating Regulation mandates
Capital Projects agencies Es operating permits $68,696
- ----....- ------ ---------- ----_.._-._-"~~-- -.. - .---- ~
Swale installation I City Residents City of Boynton 8 Reduced pretreatment of 6 This program is an essential
Pipe Maintenance storm water. Flooded city service for the City and its
Repair streets & water residents. The Storm Water
Es damage in homes / $114,353 rules are mandated by the
businesses. Sink holes State of Florida and Federal
along storm drain Gov.
~-_.. ....--- - - systems ---..-- .-----.--- ~._._--
Catch basin & Storm City Residents City of Boynton 8 Increase in flooded city 6 This program is an essential
Drain line cleaning streets & water damage service for the City and its
Es in homes / businesses $126,303 residents The Storm Water
rules are mandated by the
State of Florida and Federal
"--- -.. Gov.
-- f----.----- __-_
Catch basin & Storm City Residents City of Boynton 10 Failure to detect 6 This program is an essential
Drain Line damaged storm drain service for the City and its
Inspections ES structures increasing $76,793 residents. The Storm Water
liability of open catch rules are mandated by the
basins or sink holes State of Florida and Federal
Gov.
-.- f-.- < -..--
Respond to water & City Residents City of Boynton 8 extended repair time, 6
sewer emergencies increased damage to
(Vac-con Crew) Es property, posible $92,237
exposure of hazerdis
material to resedents.
Water Quality City Residents City of Boynton 10 Loss of Storm Water 6 This program is an essential
monitoring at permit monetary fines service for the City and its
Discharge points Es for failing to follow State $38,878 residents. The Storm Water
along the Florida & Federal laws rules are mandated by the
waterways State of Florida and Federal
Gov.
Retention /Detention City Residents City of Boynton 10 reduced pretreatment 6 This program is an essential
Pond Maintenance and increased down service for the City and its
Es stream pollution, $168,941 residents. The Storm Water
Increased impact on rules are mandated by the
down stream storm water State of Florida and Federal
svstems Gov.
Pagf - 50
l
12009 PROGRAM EVALUATIONS
CI ESSENTIAL SERVICES (ES)
CI
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect Es 0-10 list 2-3 consequences Cost $ Code Review Comment
Stormwater Retention IDetention City Residents City of Boynton 10 Failure to maintain 6 This program is an essential
Pond Inspections proper water levels, service for the City and its
Vegetation growth, residents. The Storm Water
Es sediments, debris & $41,173 rules are mandated by the
erosion control Increased State of Florida and Federal
impact on down stream Gov.
systems
Stormwater Catch basin City Residents City of Boynton 10 Failure to detect 6 This program is an essential
Inspections & damaged storm drain service for the City and its
System Mapping ES structures increasing $137,309 residents. The Storm Water
(Maintenance crew) liability of open catch rules are mandated by the
basins or sink holes. No State of Florida and Federal
Storm Water maps Gov.
Stormwater Re-Iine/renew storm City Residents City of Boynton 8 Failure of pipe integrity, 6 This program is required to
water piping sink holes, Flooded city keep Storm Water flowing
es streets & water $3,185 when inspections locate a
damage in homes / failing storm drain line.
businesses
Stormwater Storm drain renewal City Residents City of Boynton 8 Failure of pipe integrity, 6 This program is required to
and replacement sink holes, Flooded city keep Storm Water flowing
Es streets & water $3,185 when inspections locate a
damage in homes / failing storm drain line or catch
businesses basin.
stormwater Administrative Dvision, Department residents, other 8 paperwork is a necessary 6
issues, supervision, departments, staff
payroll, procurement,
NPDES ES $145,454
requirements,
equipment
maintenance
Golf Course/Admin. Starting Time/Pace of Golfers, spouses, friends Employees. suppliers 8 Inconvenience to golfers, 1 Slow play will result in 1055 of
Play and employees of golf 1055 of revenue, slow play revenue and unhappy golfers. The
customers USGA and customer surveys
ES $162,036 substantiate these facts. Starting
times are expected by golfers and
allow them to schedule their day.
Golf Course/Admin. Driving Range Goifers, employees, Suppliers 8 Loss of revenue, unable to 3 The USGA and PGA cite that the
citizens teachllearn golf growth of the game requires
ES $28,749 instruction due to the difficulty of
the sport and the range produces
annual revenue of $95,000
Page 47 of 50
12009 PROGRAM EVALUATIONS
.,L-_~__
.n[~-~~]ESSENTiA(~f~VIC~~{~S}.
-......,.
I i i
I
I Customers ' Revie
,_._-----"," -- . "'. ._~..._._- I -- ..
I Rank If not delivE,red Total Annual w
i Department Program/Project Direct Indirect Es 0-10 list 2-3 consequences Cost $ Code Review Comment I
~If Course/Admin.. ._-----~-~~-- ~----_.
Golfer Golfers City Suppliers 9 No collection of revenue, no 3 This is the most important of all
registration/payment direction of customer functions. If only one employee
ES $199,383 made it to work, this would be the
duty to assign him
Pro Shop -. -- . .,.--- 1---- ...----..- --- --_..,--._---"-~-
Golf l liuiseiAdmlll Golfers, employees, other Vendors 3 Loss of revenue, 1 Typical revenue from
merchandising customers inconvenience to customers, $62,214 merchandising is a gross profit of
ES failure to meet Industry $30,000.
standards Competition
iG - ---..- -'-----.-.""--'--- r-,------- --- --.--,-.-- --_....._~,-,- . .-._---.- _un. .-
CO\HSf~ Maintenance Mowing & Course Customers Citizens, Vendors and 9 (1) Course becomes 1 This is the most expensive part of
Preparation Suppliers 8 overgrown and unusable. (2) golf course maintenance We have
ES Playing conditions $482,613 increase efficiency by using larger
deteriorate (3) Weeds take gang mowers
over.
~-' f)'lfS}' Maintenance '::--~..~..- -;::-- _ -..------ -- As a government entity we have
Fertilization Customers Citizens, Vendors and 9 (1) Turf becomes thin and 1
Suppliers 8 unsightly. (2) Playing access to significantly reduced
I ES conditions deteriorate. (3) $113,665 costs of materials due to the bid
Weeds and pests take over process. (no taxes/no margins)
1---' --~. ~-- --~---_. ~- -,------..-- --- --.- _.~,--_._-- '--1 This program requires daily
IGolf CourSf-; Maintenance Irrigatioll Customers Citizens, Vendors and 9 (1) Loss of turf. (2) Playing
, Suppliers 8 conditions deteriorate. (3) adjustments and onsite staff to
ES Weeds take over. $66,307 address emergencies.
i- .-.. --.- _.,-~-_.- -----'. -._- --_._--_.~ -- Ail of this work is currently
lGo/f Course - Maintenance Cultivation Customers Citizens, Vendors and 9 (1) Turf becomes thin and 1
, Suppliers 8 unsightly. (2) Playing completed in~house.
ES conditions deteriorate. (3) $56,054
Weeds and pests take over
f~~p- . ._u___ ~-- ----.. ~.,..._".~- -:-----.---.-
: Golf Course Maintenance Pest Control Customers Citizens, Vendors and 9 (1) Turf becomes thin and 1 As a government entity we have
I Suppliers 8 unsightly. (2) Playing access to significantly reduced
ES conditions deteriorate. (3) $138,119 costs of materials due to the bid
i Weeds and pests take over. process.
IGO" CO"",
Maintenance Employees ----. Customers, Citizens, (1) Loss of value of a 6 Golf Course Maintenance is an
Equipment Repairs and 9
Maintenance Vendors and Suppliers significant investment (2) extremely equipment intensive
ES Reduced efficiency (3) $126,973 business. It is crucial to have
I Playing conditions control of Repairs & Maintenance
~- deteriorate.
-- -----------~----- __un ---- --
t ._-- ------_.
._._~~- --~-------
Grand Total $88,606,809
---"~._-',~~- .. _u
--
-- -...-."..------.---
-~._._._._-._--- -~
, -._--_....,- --..--.-.
Page 50
-12009 PROGRAM EVALUA T10NS c=r=J DISCRETIONARY SERVICES (OS)
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect OS 0-10 list 2-3 consequences Cost $ Code Review Comment
City Clerk Cemetery Citizens Could be privatized, but few graves
remain to be sold and a private
OS 6 $5,387 company would realize little
revenue, but high O&M costs.
City Manager Travel City Mgr Staff & Commission make 2 Travel arrangements are made to
Arrangements Commission OS 4 own reservations. Not $2,310 receive the best price & most
Staff receive the low/best price. efficient use of time through
advanced scheduling
City Manager APM Revision Staff Policies would not be Guarantees continuity of practices
centrally located and current among all departments & serves as
OS 4 $3,484 a guideline for accepted procedures
City Manager Intergovernmental Citizens Commission Increased cost possible due
Activities OS 6 to lack of intergovt resource $28,684
sharing
City Manager Professional Assoc Staff Lack of continuous
Activities OS 4 improvement - Loss of $20,523
contact with colleagues
City Manager Legislative Tracking Staff Citizens City would not be aware of Necessary for bill analysis and
& Coordination pending changes in tracking for pre-emptive action on
legislation that may have legislation that would negatively
OS 8 negative impact on City $7,263 impact the city.
operations. City would lose
opportunity for input with
legislators.
City Manager Stimulus Funding, Staff Citizens City would lose opportunity Necessary for citywide coordination
Research, for grant/stimulus funding. in identifying and applying for
Application, OS 8 $14,526 stimulus funding relevant to city
Tracking & projects.
City Manager Departmental Staff Citizens There would be decreased Additional communication link
Liasion communication and direction between the CM office and staff.
OS 6 between the CM office and $15,025
department heads
City Manager Safety Committee Staff Staff City Manager's office would
OS not have representation on $433
safety issues.
Page 1 of 33
12009 PROGRAM EVALUATIONS
cr=J DISCRETIONARY SERVICES (OS)
Customers Revie
0$ R!!nk If not delivered Total "n!,!J!!1 w
Q~partmeht Program/Project Direct Indirect 0...10 list ~-3 c()nDq~nces CostS Code Review Comment
City Manager/Public External Newsletter Citizens, Commission, ...... Limits City's ability to 1 Brings City's message into
Affairs Businesses, Employees . communicate with every home and business.
Other I;)S 8 stakeholders. Limits $11,940 Documents and creates
Governmental stakeholders' ability to permanent record of City's
Entities, Media .-.'.. receive information. accomplishments.
City Manager/Public Guide to City Citizens, Commission, Increased call volume at 1 Improves communication with
Affairs Services Businesses Employees, MAPS. Limit the City.
Other 8 stakeholders' about to $2,600
Governmental contact City, receive
Entities information.
City Manager/Public Ceremonial Citizens, Commission Disappoint constituents. 1 Good community relations.
Affairs Documents Businesses, Limit City's ability to
Religious, recognize achievement.
Civic, Fraternal Limit City's ability to raise
Organizations OS 3 public awareness of $2,600
internaVextemal
;.~iF programs affecting
quality of life.
City Manager/Public 5 peechwriting Commission Citizens .cy Divert commissioners 1 Provides direct service to
Affairs ..........' from other tasks. Ideas, Commission.
.'- concepts not fully
........ ~$ 7 articulated. City's $1,950
.-..: messages not effectively
.;~i communicated.
City Manager/Public AIPP Operation City Other City ;".
Art Commission, boards, Artists, There would be no one
City & CRA staff, public, I~: management of the PA Cost efficient now, to
eRA Board, Arts businesses, 8 process, implementation $11,200 1
Commission, or record keeping for the outsource would raise costs.
developers, AIPP.
planners,
Page 3
-12009 PROGRAM EVALUATIONS
I=cIO/SCRETIONARY SERVICES (OS)
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect OS 0-10 list 2-3 consequences CostS Code Review Comment
City Manager/Public City identity City Other City
Art Commission, boards, Artists,
City & CRA staff, public,
CRA & City businesses, There would be know
Boards, Arts knowledge of the Public
Commission, OS 2 Art program. It would $9,709 Cost efficient now, to
developers, lessen the impact of the 1 outsource would raise costs.
planners, public, City's image and identity
businesses, branding.
organizations,
associations
City Manager/Public Economic City Other City
Art Development Commission, boards, Artists,
City & CRA staff, public, The City would not have
CRA & City businesses, the AIPP's support and
Boards, Arts impact to attract visitors,
Commission, DS 6 stimulate cultural $8,409 1 Cost efficient now, to
developers, interaction, amenities, outsource would raise costs.
planners, public, education, business
businesses, growth and economic
organizations, development.
associations
City Manager/Public Avenue of the Arts City City Boards,
Art Commission, planners, The City would lack a
City & CRA staff, organizations, program that directly Initial costs to install pads
CRA Board, Arts associations attract visitors, stimulate would not be incurred in future
Commission, Ds 6 cultural interaction, $10,478 2 program. It is one time cost
developers, amenities, education, only. Other costs are minimum
public, costs that will continue to
businesses, business growth and benefit in future.
artists economic development.
Page 3 of 33
0=1 DISCRETIONARY SERVICES(D$J
12009 PROGRAM EVALUATIONS
Department ProgramlProJect
City Manager/Public City Facility Art
Art Exhibits and
educational
programming
City Manager/Public City & CRA Public
Art Art Projects
Customei's
Direct Indirect
City City Boards,
Commission, planners,
City & CRA staff, organizations,
City & CRA associations
Boards, Arts
Commission,
developers,
planners public,
businesses,
artists,
other
governmental
organizations,
planners,
City City Boards,
Commission, planners,
City & CRA staff, organizations,
CRA Board, Arts associations
Commission,
developers,
public,
businesses,
artists
City Manager/Public Development Public City City Boards,
Art Art Projects Commission, planners,
City & CRA staff, organizations,
CRA Board, Arts associations
Commission,
developers,
public,
businesses,
artists
os
DS
os
os
Rank
1).;.10
If not delivered
list2'-3 conSequences
Total Annual
Cost $
$11,579
$11,548
$56,548
R~vie
w.
Code
Rellil!WComrnent
6
The City would lack PA
projects that attracts
visitors, and project
target market, stimulate
cultural interaction,
amenities, education,
business growth and
economic development.
1
This is an ongoing cost that will
continue to benefit in future.
6
The City would lack PA
projects that attracts
visitors, and project
target market, stimulate
cultural interaction,
amenities, education,
business growth and
economic development.
1
Cost efficient now, to
outsource would raise costs.
6
The City would lack PA
projects that attracts
visitors, and project
target market, stimulate
cultural interaction,
amenities, education,
business growth and
economic development.
1
Cost efficient now, to
outsource would raise costs.
Pal 33
-12009 PROGRAM EVALUA TIONS
I==r=:]DISCRETIONARY SERVICES (DS)
Customers
Department
Development
Program/Project
Special studies,
plans and reports
Direct
Chamber of
Commerce;
Citizens;
Business &
Property
Owners;
Developers
Indirect
Development
Review Boards
City
Commission;
City
Administration
os
Rank
0-10
If not delivered
list 2-3 consequences
Economic development
initiatives, including a
Business Retention
Program, suspended. The
Development Atlas ceases
to be available. Staff no
longer able to provide up
to date information
conceming demographics
and development activity
in the city.
Total Annual
Cost $
Revie
ViI
Code
6
Relliew Comment
os
8
$215,877
Development Code Compliance City Staff; General Unlicensed contractors 6
Support Compliance Public; City preying on property
Board Commission owners. Unregulated
OS 6 businesses and $51,884
unresolved code violations
contributing to blight
conditions.
Development Personnel! Policy City; City General Employee needs and 6
Management Employees; Public; issues would not be
Developers; Property addressed; higher level of
Contractors; Owners; OS 8 staff turnover; greater $153,565
Design Business number of vacancies. Loss
Professionals Owners; City of operational efficiency;
Administration decline in customer
service.
Finance/Admin. Accounts Payable Vendors Citizens Vendors would institute legal City operations would ultimately
OS 8 action and refuse to $71,591 cease
perform services or supply
goods
Finance/Admin. Cash Receipts & Citizens Vendors Cash from programs and Personalized and centralized
Receivables OS 8 services would not be $274,679 services to citizens paying for
available to pay vendors or services
employees
FinancelWarehouse Receiving / City Citizens No accountability. To provide centralized area for
Ordering Employees OS 8 Increased cost of goods. $70,474 items ordered by various city
departments
Page 5 of 33
12009 PROGRAM EVALUA TIONS
cr=ID/~CRITl~l)I~RY S6RVICf;$.(DSJ
Customers Revie
Rank 1!,~~d~!I,Yll~ Total Ai1nual w
Dli!partment l>1'C;)gl'll~roject Direct Indirect QS 0-10 li~~2-'3,co~~e"c~ COstS Code .J:{8\rlew co!"m!imt
Fire Support/Admin. CERT Community local citizens visitors loss of civilian assistance 2 This program provides for public
Emergency OS during a disaster $15,100 education as well as providing
Response Team citizen resources during a disaster
Fire Support/Admin. Public Education citizens, visitors 1. Necessary for public 6 Instruction of school children and
and Public Relation business OS 8 Safety 2. loss of $64,598 public relations could be better
customers, 2 accreditation
em 10 ees
Fire Operations Child Passenger Children, Visitors, 1. Loss of feel good 2 Provides seat fittings and child
Safety Seat parents insurance program 2. Higher seats for families who cannot afford
Program companies, OS 0 accident injury rate for $23,402 them.
firefi hters children
Fire Operations Company Zone Firefighters 1. less contact with citizens Low cost to manage program and
Management and business 2. Less knowledge of city $14,776 provide service to citizens
owners
Employees will not be Well informed employees have
knowledgeable about $7,151 fewer complaints and issues with
benefits. Turnover may benefit providers.
increase.
Human Wellness Initiative Employees Vendors Unidentified health Agreement with Health provider -
Resources/Benefits Program & Dependents situations, Higher claims three programs per year. Adds to
Employee Health experience resulting in competitiveness compared to other
Fair increased insurance agencies; Raises employee
4 premium cost, and lost work $11,130 awareness of health and safety.
days. EAP resources available to
employees.
Human Longevity Employees Dependents Dedicated long term 2 Recognition of years of service with
Resources/Benefits employees will not be various awards
recognized for their service. $2,156
Lowered morale
Human Employee Employees Dependents No available resource for Employees must have access to
Resources/Benefits Support/Issues employees to tum to with $15,304 individual counseling and prOblem
benefit issues and solving for their benefit programs.
questions.
Human Administrative Employees Dependents Projects will not be Supervision of program to ensure
Resources/Benefits Oversight prioritized and may be highest quality service
delayed. The most cost $31,371
8 effective benefits may not
be offered due to lack of
oversight
Human Staffing New City Depts. Citizens Increase in voluntary Review all staffing requestion vs
Resources/Comp. & Position Requests Employees tumover. Job bum out of position control. Follow proven
Classification and 6 employees working out of $15,296 methods for consistant and
Reclassifications class. equitable reclassifications.
Page 3
-12009 PROGRAM EVALUATIONS
I~DISCRETIONARY SERVICES (DS)
Customers Revle
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect OS 0-10 list 2-3 consequences Cost $ Code Review Comment
Human HRIS/HTE Employees Citizens Integration of employee 6 By using our HRIS system for
Resources/Org. Administration Managers training data will not take tracking training and then
Development place. The HRIS system developing reports; we can have
OS 8 will not be fully utilized. $15,440 the data to decide if maintaining
additional software is required in
the future.
Human Employee Employees Departments Inadequate communications, 1 Treat all customers with the highest
Resources/labor & Consultation Citizens conflicts, and performance level of respect. Conduct impartial
Employee Relations Referral/employee OS 8 issues. $6,833 investigations. Make EAP referral
Assistance Plan as needed,
Human Resources/ Physicals, Psych. Applicants Health and Put the health of City 1 Cost is for new hires only. Uphold
Recruitment Eval & Drug Testing Wellness OS 8 employees at risk. Increase $6,728 the City's drug free work place
Clinic workers comp c1aims_ policy & DOT regulations.
Human Resources/ Employment General Public Departments Unable to complete public Human Resources follows the
Recruitment Record and City record request in a timely record retention regulations.
Administration employees OS 8 manner. Records may be $3,364
lost or unorganized
Human Resources/ Applicant Tracking General Public Departments Citizens will be forced to 2 This program will greatly enhance
Recruitment and City physically visit HR to apply the recruitment process. Applicant
employees for vacancies. Slowdown tracking will assist in managing
the recruitment process. requisitions throughout the
Applicant tracing is EEOC recruitments process. Once a
OS 6 required. $18,915 requisition is approved, the system
will allow applicants to
automatically apply to open
positions. City employees will also
benefit from this program
Human Resources/ Exit Interviews General Public Citizens No detailed tracking of 6 The current exit process needs to
Recruitment and City underlying reason for be expanded to glean addional
employees OS 6 turnover. Extended time to $2,103 information as to why employees
discover problems with are choose to leave the City's
supervison. employ.
Human Income/Employmen Employees Financial If outsourced the cost would 1 This process is handled virtually
Resources/Records t Verification Institutions be passed onto the problem free.
Management Employment employee resulting in
Agencies OS 2 disgruntled Employees. City $13,529
would still need to provide
the information to vendor.
Human Resources Document Imaging Employees Courts limits access to files 6 Sensitive and confidential
dissatisfied customers; employee records are scanned
OS 4 storage cost of paper files $15,932 within the Human Resource
Department by trained Ees.
Page 7 of 33
CCIDISCRErIONJtR.~~fItVI~E$..(D$l
12009PROGMM EVALUA TlONS
. This is already a manual Archiving is what we do to
process, with the bulk of the preserve email for Mure public
expense in hourly salaries. record requests. It is a manual
6 $4,996 process, and we believe we have
saved money from not investing in
an expensive automated system.
Information Training Employees All External Pay higher rate for Continuing education and support
TechnologylTier 2 Customers consultants to train city staff. of technology is essential to staff
8 Difficulty to acquire $16,000 growth and to solve problems
technology knowledge and internally.
to keep up with technical
accreditation.
Information Membership Employees All External Does not have access to Having access to the various
TechnologylTier 2 Customers white papers, and other technical support groups and
8 critical technology forum $1,500 organizations is an essential
that provides timely system services to acquire and apply
and security patches. network and desktop
maintenance/support.
Information Vehicle Employees All External Without the availability of a The operating budget was remain
TechnologylTier 2 Customers city vehicle, staff would use lower in personnel cost since the
their own cars enduring department start using the city
mileage for offsite support vehicle to deploy PC's, printers and
8 resulting in a higher cost. $600 make support calls within the city
and outside the city ,limits facilities
such as the golf course
paf 33
-12009 PROGRAM EVALUATIONS
I~ETIONARY SERVICES (OS)
Customers Reilie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect OS 0-10 list 2.J conSequences Cost $ Code Review Comment
Information PC Replacement City Citizens *Decreased customer 6 The PC Replacement program
TechnologylTier 1 Program employees; productivity is very important in that it
City *Inability to move to provides an avenue of cyclical
Administration; newer software due to replacement of aging PC
City hardware obsolescence systems. New software and
Commission *Increased cost in repairs hardware exploit newer, more
due to out of date robust technologies, driving the
warranties. co evolution of both. It is a
involved process that requires
adequate research of existing
systems, researching for
adequate replacement
systems, assessing needs,
obtaining quotes, drawing up a
replacement time-table,
OS 8 $11,871 migrating user data and
settings, physically replacing
systems and then properly
allocating the old systems,
either by retiring it from the
existing network or utilizing it
for another function in the City.
Track It is essential for
capturing much of this data that
we will base these decisions
from. ITS can improve its
deployment of new systems
(and service to existing
systems) by utilizing
streamlined and more intuitive
imaging and user migration
software.
Page 9 of 33
12OO91!RQGRAM EVAL..I.l!tTlONS
CCIDISCRP;IONARy.SERVIC~~i(t:JS}
...~ . ..
puatOR!ers Revie
Rank Jfili:lt~~.I!Y!tred To(ilAill1ulll · 'w'.
D~partment Pr()g!'lim/Project Direct Indirect OS 0-10 li.t..24.\<()~C1l1ences i COst $ ~o.de ReylewCOl1lment
Information Printer City Citizens "Increased cost due to 1 Historically within the City,
TechnologylTier 1 Replacement employees; more frequent printer printers are replaced on a 5-6
City repairs from aging year cycle in order to recoup all
Administration; devices acquisition costs. The City can
City *Decreased employee benefit and reduce cost by
Commission productivity obtaining multi-functional
equipment (printing, faxing,
OS 4 $2,070 copying, scanning) deployed
within a centralized document
processing facility. Currently
the City has taken steps in this
direction with the
implementation of leasing
Minolta Bizhub products by the
departments.
Information Research/Review - City ITS *No hardware or software 6 In addition to internal customer
TechnologylTier 1 Hardware/Software Employees; Employees; support for customers support, Tier 1 provides service
Citizens City and systems support for many offsite
Commission *Inadequate technology location such as the Links Golf
support to citizens and Course, Tennis Center, Public
their facilities Works, Fire Stations and other
*Long turn-a-round for facilities. Additionally, the CRA
issue resolution and the PC labs located at the
City Hall, Hester Center and
Senior Center are also
OS 8 $3,796 supported. Offsite support
includes physically going onsite
to make repairs, replacing or
installing equipment or software
as well as offering guidance
and recommendation to
personnel responsible for the
upkeep of grant funded PC
systems in labs.
Page ~3
-12009 PROGRAM EVALUATIONS
1=0 DISCRETIONARY SERVICES (DS)
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect OS 0-10 list 2-3 consequences Cost $ Code Review Comment
Information Training ITS Employees City *Poor quality of service 6 Due to the ever changing
TechnologylTier 1 employees; provided to customers industry of IT, it is imperative
City both internal and external that staff be trained in the use
Administration; *Staff not current on of the various hardware and
Citizens industry practices and software systems we support
policies relating to the and be current of trends
various hardware and impacting our services. In
OS 8 software systems we $4,141 addition, to provide optimal
maintain customer service to our city
employees, training in the
areas of soft skills is essential.
Currently, ample training is
available in both of these areas.
Information Ghost software/pc ITS Employees City *Increased man-hours 1 Ghost Software allows the ITS
TechnologylTier 1 Imaging Employees setting up new and staff to quickly restore PCs to a
replacement pes known installation state. In
*Delay Desktop Support other words, it takes a
issues that require full "snapshot" of a PC at a given
system restores in a point and then a PC can be
timely manner restored from that point at a
later date, either to restore a
OS 5 $1,725 corrupt system or to prepare a
new PC for introduction to the
City network. Currently, this
software could be used for
other functions for assisting in
user migration, faster
deployment of new/restoring
current and asset tracking.
Page 11 of 33
Department
Infonnation
TechnologylTier 1
Information
Technology/Web
Services
Information
Technology/Web
Services
12009 PROGRAM EVALUA TI(JNS
Programlf'ri;lject
My HTE support -
web based
Building
PennitslTeleworks
Administration
Direct
Employees
Cllsti;l/llers
Indirect
Citizens
C=ODISCRETIONARYSERVICE.s(DS}
DS
Ds
Citizens/Emplo Citizens/Emplo
yees yees
Business Tax Citizens/Emplo Citizens/Emplo
Renewal (Click 2 yees yees
Gov) Administration
Rank
040
Ifnotdeliveted
list 24 conseql.lences
, Decreased quality of
service for customers
. increased Employee
support for HTE Products
, Impacts Customers.
, lack of Employees
knowledge based options
4
6
Volume of building
inspections would severely
decrease due to necessity 0
processing work in the office
as opposed to work
process streamlined to take
place at job site. Eliminating
online
subscriptions/notifications
would diminish citizen
access to current and
relevant information.
Business tax receipt renewal
process would become less
convenient and efficient due
to necessity of processing
work in the office as
compared to efficient, online
6 process on the Web.
Eliminating online business
tax renewal would diminish
citizenlbusiness access to
city services_
Page 33
Total Annual
CO$! $
$2,070
$330
$989
Revie
w
Code
6
Re\tklYiCi;l/llment
MyHTE is a Web Based e-support
tool available exclusively to
SunGard HTE customers. Provides
expanded online customer
capabilities.
Creates and maintains support
cases, ability to review status of
open or closed support cases,
review, download and order PTFs
(fixes) for software applications.
HTE online documentation, Access
training and development
information. Recommend more
Employees use this service to
lower help desk usage.
Automation reduces costs and
improves efficiency when notifying
public by phone, email, and fax.
Increases convenience to citizen
subscriber to info. Significantly
increases productivity for building
permitlinspection work flow by
shifting to portable, "in the field"
process.
Automation reduces costs,
improves efficiency, productivity,
and increases convenience to
citizens/business owners.
-12009 PROGRAM EVALUATIONS
CDD/SCRETIONARY SERVICES (DS)
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect OS 0-10 list 2-3 consequences Cost $ Code Review Comment
Information Citizen Request Citizens/Emplo Employees Citizen contact with elected 1 Citizen Request Tracking improves
TechnologylWeb Tracking (Gov. QA) yees officials and City Manager is quality and efficiency of
Services administration relegated to costly. government interaction and
OS innefficient and burdensome $14,711 services to citizens. Increases
6 phone, email, and ground timeliness and volume of
mail options. communication between public,
elected officials, and staff.
Information Content Citizens Employees Content on City website will 1 CMS increases efficiency and
T echnologylWeb Management OS 6 become stale and outdated. $44,202 assures current content on website.
Servir:A~ ISvstem Admin_
Information Employment Citizens/Emplo Citizens/Emplo Citizens and HR department 1 Automation reduces costs and
TechnologylWeb Application (Click 2 yees yees would return to inefficient improves efficiency. Increases
Services Gov) administration paper-based application convenience to citizens.
process. Eliminating online Significantly increases staff
subscriptions/notifications productivity and work flow.
would diminish citizen
access to current and
Ds 6 relevant infonnation while $2,508
also increasing manual data
entry and labor hours for job
application processing.
Information Online document Citizens/Emplo Employees Citizens would need to call, 1 Online document retrieval improves
TechnologylWeb managemenUretriev yees write or visit City Hall in- quality and efficiency of
Services al (Laser Fische) person to request pUblic government interaction and
OS documents. This option $2,508 services to citizens. Increases
6 would be burdensome to timeliness and ease of infonnation
citizens and staff. disseminated between public,
elected officials, and staff.
Information SubscriberlNotificat Citizens/Emplo Citizens/Emplo Eliminating online 1 Automation reduces costs and
T echnologylWeb ion System yees yees subscriptions/notifications improves efficiency when notifying
Services (Teleworks) admin. would diminish citizen public by phone, email, and fax.
access to current and Increases convenience to citizen
relevant information. Utilities subscriber/customer. Significantly
and Library staff would need increases productivity by relying on
to revert to inefficient and automated notification and tracking
OS 6 labor-intensive manual $16,046 process.
process of contacting
delinquent account holders
(as opposed to automated
phone/email message
broadcast system.)
Page 13 of 33
12009PR()CfRJtM~'{A~UATlONS
I=ODI5CR~/q",~RY ~~R.\lJc.E~(Q$)
.... .
~ust()#ters ~evie
...... ,. Rank Ifnotcl~J~1'l!d T()talAtitiual '.IN.
D~pllrtment PrQgn.ltl/Project Direct Indirect oS} MO li${<2.4..c()~l,llmG~ CostS Code R.yle'lllj~()ti!nient
Infonnation Utility Bill Pay (Click Citizens/Emplo Citizens/Emplo I .......... Utility bill pay would become 1 Automation reduces costs,
TechnologylWeb 2 gov.) yees yees less convenient and efficient improves efficiency, productivity,
Services due to necessity of and increases convenience to
~ processing payments in the citizens/business owners.
office as compared to
, 6 efficient, online process on $989
1- the Web. Eliminating online
business tax renewal would
diminish citizen/business
access to city services_
Infonnation Website Host (Pair Citizens Employees Increased maintenance and 1 If City website resides on internal
TechnologylWeb Networks) administration costs for server, potential for downtime
Services . hosting City website increases along with maintenance
~. 6 intemally. In the event of a $1,973 and administration costs. Disaster
local disaster affecting recovery and business continuity is
internal servers, City enhanced by offsite hosting.
.' website might fail or go
offline.
Infonnation Provide technical Employees Citizens '~~~f:-!I Employee productivity and 1 Providing training across the
TechnologylWeb training to City staff 6 job satisfaction decreases $3,579 enterprise improves productivity.
Infonnation Technical Employees IS; Quality of customer service 1 Assisting colleagues builds
TechnologylWeb Support/Assist - ~ decreases. individual and collective technical
Services Tier 1 & Tier 2 8 $2,060 skills assuring continuous
operational uptime during employee
-' absences.
Infonnation BBTC Production & Employees Citizens ;i. No programs or information 3 TV presence is a key way to
Technology/Multim Administration will be available to air on disseminate the city's information to
edia Production .~~ 6 BBTV. No meetings will be $81,118 our citizens. It's a key item to relate
.i play or record. our mission to the tax payers.
Information Website Support Employees Citizens I....;.:;~;i.. Citizens' would need to rely 3 A web presence is essential in the
Technology/Multim on severely limited and less modern world.
edia Production ~i~.': immediate sources of info
and services such as news
6 media. Significant burden $1,485
placed on City staff to
disseminate info.
Infonnation Training/Help Employees Citizens ..L..... Employees will not be able 1 Part of our on-going mission to
Technology/Multim to access the applications or upgrade software and hardware is
edia Production OS 6 hardware needed to $2,376 the training employees need to
complete their tasks. complete their task.
Page 13
-12009 PROGRAM EVALUATIONS
I~DISCRETIONARY SERVICES (DS)
Customers Revie
Rank Ifnot delivered Total AnnulIl w
Department Program/Project Direct Indirect OS 0-10 list 2.3 consequences Cost $ Code Review Comment
Information Grant Team Liasion City City Staff Grant opportunities would 5 Outsource to a Grant Writing Firm..
Technology/Admin. Commission/Ci not be realized. Funding for
tizens projects, training, etc., would
come solely from general
funds. Collaboration with
OS 4 other departments to insure $918
the goals of the city are met
would not be obtainable.
Information Training City Staff City Essential training would not 6 Mandate that training be obtained
Technology/Admin. Commission/Ci OS 6 be obtained and skills would $1,985 on employee time and without use
tizens diminish. of general funds.
Information Travel coordination City Staff City Travel coordination may not
Technology/Admin. Commission/Ci be completed according to
tizens policy. Insurance of
receiving the best cost for
OS 6 travel expenses may not be $1,377
realized. Duplication of
services (i.e., necessary
memberships) may be Mandate that all travel be done on
incurred. employee time and without use of
general funds.
Information Elected Pension City Staff City Employee representation 10 Change the Charter and have City
Technology/Admin. Board Member Commission/Ci would not be in compliance Commission act as sole fiduciary.
tizens with the charter. An
OS 4 information resource for $918
employees would be lost.
Information Intrusion Detection Employees All Employees, * PCs and Servers open to Without a strong firewall Utility and
Technology/CA TS- (Firewall) External Citizens external attack * Possible city systems could be disabled
Utilities Customers downtime * Utilities and City causing downtime. Once an
OS 8 computer systems used to $1,175 intruder has access to city systems
launch hacker attacks on they could be used for by the
other systems intruder for poSSible virus and DOS
attacks on other systems.
Information Web content Employees All Employees, *Loss of productivity To maintain compliance with city
Technology/CATS- filtering and External Citizens OS 8 *Intemet used for illegal $4,169 polices and to protect against
Ilti(jti..... Customers purposes dangeous websites.
Information Laser fiche (Doc. Locators would have to
Technology/CATs- Imaging) revert to manual AS_built
Utilities OS 8 lookup requiring them to $9,275
return to the shop costing
many hours of unnecessary
work.
Page 15 of 33
p"partmeht
Information
T echnology/CA TS-
Utilities
Library Admin.
Library - Public
Services
12009 PROGRAM EVALL/AT/ONS
Program/Project
MYSQL SQL Server
(2)
Fiscal control,
Administrative
Construction
Oversight
Library Security
Customer Services
Circulation
Olrect
Employees
Employees
and Citizens
Citizens,
employees,
businesses &
schools
LDD/~CRETIO^,.4nY SERVICES (DS)
<;u~o",el'S
IndIrect
Citizens
City
Citizens and
City
6
., ,Ifilbt delivered'"'.
"list 2:.3tcorihCiue~c~
Systems Monitoring failure
Loss of intemal CMS Loss
of test systems
Revie
Total Annual ".;-w
Cost $ Code
Review Comment
$425
1. Inability to control fiscal
resources resulting in
substandard operations.
2. Inaccurate reporting of
expenditures, resulting
again in substandard library
operations.
3. Unable to maintain
9 finance policy and $566,380
procedural currency, and the
data and payroll entry
requirements.
10
1. Citizens and staff would
feel unsafe. especially
during the late aftemoon &
evening hours. 2. Problems
would increase and cause
potential danger to the
public and staff.
1. No effective means of
inventory control.
2. Loss of knowledgeable
intermediates between
patron and collection.
3. No means of checking in
and out books and other
library materials.
9
Pagl . 33
This program enables an accurate,
up to date accounting and
recording of all library operational
costs. Currency and accuracy
ensure that the library budget
allocation is properly and efficiently
expended as per the budget plan.
In addition, there would be
considerable difficulty manitaining
consistency in the application of the
numerous Finance policies and
procedures or up to date data and
payroll entries.
$63,048
This program includes 26 hours per
week of police security and
maintenance contract on Security
Camera system. Police Coverage
is essential for staff and library
users to feel safe. Police patrols
severely limit problems and gang
activity.
$324,348
Circulation SVC5 is the first and last
point-of-contact for the library user.
A courteous, well-trained and
knowledgeable staff provides
readers advisory services and
provides individual direction as
citizens enter the building and
throughout their visit. These
services are in addition to being the
focal point for the circulation of
materials, library card registrations,
the request and receipt of reserve
and Interlibrary Loan requests. The
circ desk is a main service center
of the library.
-12009 PROGRAM EVALUA T10NS
~DISCRETIONARY SERVICES (OS)
Customers Revle
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect OS 0-10 list 2-3 consequences Cost $ Code Review Comment
Library - Public Reference Services Citizens, Citizens, 1. Reduced community 1 Reference SVC5 is the cornerstone
Services employees, employees, resource information. of community knowledge. Without
business and business and 2. Public loses access and the Reference librarians and
schools. schools skilled guidance to needed materials, the library would be
resources. unable to provide educational,
3. Broadens gap between recreational and community
"haves" and "have nots". resource information to our citizens.
This is our most important function.
Reference librarians have
OS 8 $193,177 extensive knowledge and
experience in using the total library
collection as well as accessing
outside information resources.
They assist and teach citizens how
to find and use the requested
information.
Library - Public Youth Services Day cares, Schools, 1. No academic support for 1 The Youth SVC5 division is
Services employees, citizens and students and families. extremely important to the children
schools City 2. No reading resources for and parents of this community.
children. Division staff serves preschoolers
3. No skilled guidance for through middle schol students'
new readers educational needs. Through its
reading programs it encourages the
love of reading for toddlers through
school-age children. The programs
Ds 9 $282,904 also promote social interaction and
developing creative skills for young
children. School age youth use the
division's reference and circulating
collection to assist and help
complete their homework
assignments.
Page 17 of 33
I~OD9PRCJGRAM EVALUA TIONS
crJ01SCRE'rIONARY SERVIC~loSJ
Customers Revie
RaOI< 1f.l1ot delive~d Tot8IAl1ntjal VIi
Department P@i'atnlPtoject Di~ct Inditect oS 0.10 liSt 2..3 CC!11$AAuel\C!lS CoSt $ Code Revl8W.Coml'llent
Library - Public Adult Services Citizens, Citizens, 1. No resources available at 1 Adult Svcs division is responsible
Services employees, employees, full range of hours. for the selection of materials and
businesses, business and 2. No public access to the provision of easy access to
and schools schools broad range of computer fiction and nonfiction materials in all
services. formats. Programs such as Great
..... 3. Loss of equal access for Books, Great Decisions, the Library
all citizens to knowledge and Lecture Forum and other like
enrichment opportunities programs educate, inform and
resulting in a cultural abyss_ ecourage life long learning in
OS 9 $263,320 adults. Tax information, forms and
publications are fumished for
taxpayers in cooperation with the
Internal Revenue Service and the
Florida Department of Revenue
and is the only outlet for such
services within the City limits.
'.
.'
Library - Special Schoolhouse Citizens City I ,'i' 1- Boynton Beach would not 1 Since the city owns the building, it
Services Children's Museum Tourists Businesses have an award winning, should continue to fund those line
(Regional, County 1../'.< AAA rated children's items that are essential to running
National & 501( c )3/ City ."t. museum. 2- the facility and maintaining control
International) Partnership Over 32,000 visitors per of its use. The payoff to the city is
Schools Volunteers year would not be visiting its attraction of visitors to the
, downtown Boynton Beach downtown and creation of a local
Day Cares ."~~...'.' 4 3- The city would not be $224,856 sense of community---both of which
Organizations able to boast a practical use have been lacking. The
Western 'j of a historic building public/private partnership is a
Comm .', demonstrating the true model upon which to build
model of a public/private additional, quality projects and
partnership programs at minimal cost to the
city.
Library - Technical Technical Services Citizens, library Other libraries .. 1. Neither staff nor public 1 Without the professional expertise
Services Cataloging staff that , could locate library's books to catalog and organize materials
Resources reciprocate, and other materials. and the staff to process them and
their patrons, 2. Those same materials repair them, there would be an
citizens of would deteriorate. unorganiZed group of "stuff'. In
3. No one would know what addition, staff is able to fully utilize
Florida OS 8 we have. $242,020 donated materials that are not
. purchased by the city, further
stretching our resources and
making more items available to our
citiZens.
Page 33
~2009 PROGRAM EVALUATIONS
c=r=IDISCRETIONARY SERVICES (OS)
Customers
Department
Library - Technical
Services
ProQramlProject
COALAlElectronic
Resources
Management
Direct
Patrons,
Library Staff,
citizens of the
world who
have online
access
Indirect
DS
Rank
0..10
If not delivered
list 2-3 consequences
1. Would need to refill the
positions that we were able
to cut due to automation.
2. Many citizens would not
have access to the Internet
or informational databases.
TatalAnnual
Cost $
Revie
w
Code
1
Review Comment
This provides the infrastructure for
all bibliographic and patron record
automation. Our integrated library
system is based on library standard
formated bibliographic records and
is run on a SCO Unix platform. The
librarian who administers the
system must be familiar with Unix
and MARC record format and
cataloging in order to keep the
system functioning efficiently. Our
system is shared with 3 other
libraries to reduce the cost to each
library.
DS
8
$44,277
Police Feral cat Complainant All citizens
Department/Animal trapping/removal Community Feral cats are a continual source of
Control DS 6 Transmission of zoonotic $11,289 citizen complaints and pose a
disease, including rabies, threat of zoonotic disease exposure
overpopulation epidemic. to residents and pets.
Police Department Lost/found animal Pet owner All citizens
redemption This program is a vital function of
DS 6 Increase in euthanasia rate. $9,669 the animal sheltering faCility in
Lost/stolen pets not reunited relation to the division's mission
with owners. and legal responsibliities.
Police Department Customer Citizens All citizens
Service/Community This program is at the core of all
education Ds 8 Increase in euthanasia rate, $18,199 other division functions and
overpopulation, responsibilities. Includes intake of
irresponsible/neglectful citizen complaints and daily
animal ownership. requests for information.
Police Department Animal Sheltering Citizens All citizens
Officers would have to
transport impounded Sheltering is vital to the division as
DS 6 animals directly to County $32,510 a whole; several programs are
facility; travel time would dependant on a housing facility.
negatively affect all other Current sheltering facility also
division programs. serves as office for staff.
Police Vacant Lot Violators/Com Entire 8 Neighborhood safety,
Department/Code Maintenance plainants Community Ds diminished property values, $14,912 Essential for support of division
C r blight purpose (mowing)
Police Department Complaints Violators/Com entire
plainants Community Ds 8 Unreported violations, Upset $214,651 Essential for support of division
residents/businesses purpose
Page 19 of 33
12009P~(JGRA^"EVALUA T10NS
CLJc)IS€REt!QfiJlR.Y~~RIIICES (Q~)
Customers ,_n
Revie
... Rank. Ifnotd,li~~, .'. .... TotalAllIiulll w
Department ~rog~fiilF>>roject Direct Indirect ..DS 0.10 Iist2~ con~eglJ"l1ces CoStS COde RevieiNCj)mlnent
Police Department Occupational Violators/Com Entire iC
Licenses/Business plainants Community .........~~..... Increased contractor fraud,
Tax Enforcement 8 Blighting & life safety issues $25,510
with residential rental
property & commercial Essential for support of division
property 1 purpose & Business Tax Division
Police Department Inoperable Violators/Com Entire _..- Neighborhood blight, road
Vehicles plainants Community DS 8 hazards, unsafe vehicles, $26,162 Essential for support of division
blight on roads 1 purpose
Police Department Signs Violators/Com Entire QS 8 Visual blight, road hazards, $32,501 Essential for support of division
plainants Community safety 1 purpose
Police Department Civil Citations Violators/Com Entire ......~ ....... Increased workload on
plainants Community ~. 8 support staff, increased time $23,805 Essential for support of division
for case processing 1 purpose
Police Department Lien Case Violators City of Boynton Estimated uncollected
Management Beach I;)S 8 annual revenue of ( 100,000 $12,803
annually in fines & Essential for support of division
application fees) 1 purpose
Police Canine Support and Citizens, Government ....~.. Diminished patrol and 6
DepartmentlUnifor Patrol Police Ofcs. 8 perpetrator detection
m Svcs. capability. Increased $528,446
physical danger to Essential for support of division
employees. purpose
Police Community Action Citizens Government ... Diminished narcotics 6
DepartmentlUnifor Team s~~ 8 enforcement capability.
m svcs. Inability to address emerging $980,573
crime pattems. Essential for support of division
T. purpose
Police Marine Patrol Citizens Government ii'.! No enforcement of boating 6
DepartmentlUnifor "~t$ 8 statutes. Diminished boater
m svcs. safety. Exposure of City to $254,174
additional liability. Essential for support of division
; purpose
Police Police Athletic Citizens Government .\ loss of primary recreational 2
DepartmentlUnifor League programs for significant
m Svcs. .....~~.. 3 portion of community. lack $174,969
of organized direction for
youth_ Essential for support of division
purpose
Police Community Citizens Government , Erosion of community 6
DepartmentlUnifor Education - 0$ support. Decreased citizen
m svcs. Citizen's Police 3 involvement with the $106,162 Essential for support of division
Department purpose
Pag f 33
12009 PROGRAM EVALUA TIONS I==rJDISCRETlONARY SERVICES (DS)
Customers Revie
Rank If not delivered Total Annual w
Department ProgramlProject Direct Indirect OS 0-10 list 2-3 consequences Cost $ Code Review Comment
Police Community Citizens Government Elimination of an 6
OepartmentlUnifor Education - Police educational opportunity for
m Svcs. Explorer Post OS 3 youth. Decrease in interest $32,455
in law enforcementy by
teenagers. Essential for support of division
purpose
Police Juvenile First Citizens Government Lack of juvenile diversionary 2
OepartmentlUnifor Offender programs for first offenders.
m Svcs. Increase in court costs for
OS 3 dept., increase in recidivism $24,220
and gang activity.
Essential for support of division
purpose
Police Community Service Citizens Government, Added workload to Uniform 1
OepartmentlUnifor Officer Employees OS 8 Officers. Slower response
m Svcs. times to handle non- $466,206
emergency calls. Essential for support of division
purpose
Police Community Citizens Government, Diminished crime detection 2
OepartmentlUnifor Education - Employees OS capability. Erosion of
m Svcs. Citizen's Observer 3 community support and $97,234
Patrol citizen involvement. Essential for support of division
purpose
Police Community Citizens Government, Erosion of community 6
OepartmentlUnifor Education - Crime Employees support. Diminished citizen
m Svcs. Prevention OS awreness and enhanced $86,810
3 opportunity for criminals to
victimize citizens. Essential for support of division
purpose
Police Community Citizens Government, Diminished capability to 3
OepartmentlUnifor Education - Parking Employees identify and cite parking
m Svcs. Enforcement OS 3 violators. Reduction of $52,220
citizen involvement. Loss of
revenue.
Public Works Union / Personnel City Public Personnel matters would None
Admin. Admin. Employees not be resolved and
OS 8 morale could decline. $92,401
Leadership is absolutely
necessary.
Public Building Maint. / Employees Citizens & Facilities would have Contractors my be more
Works/Facilities Painting Visitors unsightly walls and efficient especially for exterior
OS 8 unprotected building $109,258 5 work. Minor touch-up work,
exteriors would allow for vandalism touch-ups, and office
moisture infiltration. interiors still needs to be done
in-house.
Page 21 of 33
12009 PROGRAM EVALUA T10NS
0=] DISCRETIONARY SERV!~ES(QS)
T.Q"I~"~~1 R~1i'ie
Rank If nQt dtli1i'ered IN
Department ProgramIPtoject Dil'ect 'l'l~il"ect QS 0-10 Ust~~!l'\>l'l~~nces COld c~~ Re'li.wComment
Public Fencing Depts. Citizens & Fencing is primarily to All fencing work could be
Works/Facilities Visitors OS 6 support the security $21,735 5 contracted out.
needs of other programs.
Public Grounds Public Employees Barren land, erosion due 5 Parts of this program could be
Works/Forestry & Maintenance Environment to loss of root structure, outsourced in the future at a
Grounds unwanted growth. Loss cost savings. Should be thru
OS 8 of valuable landscaping. $599,104 employee attrition. In-house
Includes irrigation staff affords quick response. A
maintenance. portion is contracted.
Public Vacant Lot Public City Vacant lots would 6 Recommend selling vacant lots
Works/Forestry & Maintenance become overgrown and $100,660
Grounds out of compliance with
Ci laws
Public Irrigation Public Employees Improvements primarily In house staff affords quick
Works/Forestry & Improvements are intended to make response. Irrigation work is
Grounds current irrigation more partially contracted as it is.
8 efficient in water $29,125
consumption and leak
detection sooner. Thus,
water use would remain
hi h.
Public Tree Care Public Environment Trees could obstruct 6 Suggest contractual tree
Works/Forestry & regulatory signs. Trees $180,131 pruning on scheduled basis
Grounds could fall and damage after tree inventory verified.
ro
Public ROW Landscape Public GOVT DOTS ROW would be less Investigate County policy to
Works/Forestry & Maint. FEC RR attractive and thus the determine if County is willing to
Grounds impression of the City by assume some maintenance
others is diminished. cost.
Property values could Via Palm Beach County
decline. Maintenance League of Cities
8 contracts with FOOT, RR $675,005 Loss of existing plant material
and PBC. Also grant $'s due to no maintenance.
may need to be
reimbursed if not
maintained. Includes
irrigation maintenance.
Public Special Event City Staff Public Citywide staff support is All special event costs should
Works/Forestry & Support 6 necessary for successful $10,036 be budgeted in one program.
Grounds special events.
Pag f 33
12009 PROGRAM EVALUATIONS I=r:JDISCRETIONARY SERVICES (OS)
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect OS 0-10 list 2-3 consequences Cost $ Code Review Comment
Public Landscape Public Apprearance of City 6 Staff would like to enhance the
Works/Forestry & Installation properties would remain appearance of properties by
Grounds OS 2 the same. No visual $47,759 placing more/new landscaping
enhancement No such as Xericscape.
replacements post-
hurricanes & drou ht.
Public Street Lighting Residents, NA Crime and accidents may 1,6 None
Works/Streets businesses, increase. Pedestrian Commodity cost
Maintenance motorists OS 8 safety would be $603,610
diminished.
Public Traffic Counts Engineering Residents Counts provide data for None
Works/Streets Staff Police OS 8 proper regulatory control $6,703
Maintenance Department placement
Public Special Event Special events Residents Services must be None
Works/Streets Support staff OS 0 provided as long as $14,779
s ecial events occur.
Lack of accountability. Could not move forward and
OS 8 Decreased effectiveness $39,514 continue to progress as an
and efficiency. accredited department
Recreation & Participants Citizens, Less emphasis on An additional $1,000-$1.500 is received
Parks/Admin. Volunteer volunteerism. Less and spent each year from
Organizations community involvement by sponsorships/donations. The annual
OS 2 youth. $435 awards banquet gives all participants
individual recognition and is attended by
approx. 75 youth and their families.
Recreation & Pre-school Participants Educators, Opportunity would not be 3 Classes are always filled to
Parks/Arts Center. Programs parents and provided for area pre-school capacity with waiting lists_ Classes
families OS 8 children to prepare for $4,355 have been set up at other facilities
elementary school in a to accommodate waiting lists.
social environment
Recreation & Youth Programs Participants Educators, Opportunity would not be 3 Classes are always filled to
Parks/Arts Center. parents and provided for area children to capacity with waiting lists.
families Ds 8 gain exposure to the visual $14,681
arts and experience social
interaction.
Recreation & Adult Programs Participants Vendors Reduced local opportunities 3
Parks/Arts Center. OS 8 for adults to participate in $8,528
fine arts programming_
Page 23 of 33
12009 PROGRANlEVALUATIONS
CDDISCREtI()IVAItYSERVI"6.S(I1~l
......... ....
Cus.to""~ i~!~
Rank If notg~!~te!t T6ta1Anllu~1 I'.
Department !>r9Ql'a.l1'IIPll?j!@ L
Direct Indirect p~ 0.10. l~t2~.co~~I1~ COilt$ ..' R.evl\WVComme...t
Recreation & After-school Kids Youth Parents and Increased the number of 2,3 Affordable alternative to after
Parks/Arts Center. Club participants families, latchkey children, could school programs at local
Schools increase rate of juvenile elementary schools and daycare
crime and social centers.
DS 9 dysfunction. Reduced daily $37,515
exposure to art education.
Less high quality after
school programs and
homework assistance.
Recreation & Summer/Seasonal Youth Parents and Less fine arts exposure 2,3 Always fills to capacity with waiting
Parks/Arts Center. Break Camps Participants families, available to children (already list, very inexpensive camp for
Vendors, Local reduced in schools); would customers compared to other area
area impact the availability of programs of a similar nature and
attractions ~: high quality care with the only art camp in our immediate
emphasis on leaming and area specializing in art for children.
visual arts; would eliminate
8 the availability of a unique $18,783
.. art-related program offered
...Y';" in very few other areas of
the county for our very low
<..t... price.
...........;;
Recreation & Special Events Children and Citizens .i ..i. Decreased sense of 3 Family events provide an outlet for
Parks/Arts Center. families 't t~.. 6 community. Decreased $6,063 families to be involved in their
opportunities for family community at a low cost
. / events.
Recreation & Adult Programs Participants Staff ...........;; Decrease the opportunities 3
ParksfBoatclub for seniors to improve
Park I~~'~ 7 mental capacitiy and have $3,242
an opportunity for social
interaction.
Recreation & Beach & Boat Club Residents, Vendors, Staff ,i.',).' Loss of revenue. Decal Loss of $194,000 annual revenue.
ParksflCPCH Decal Sales Boaters ..~~;~ sales are established by city $21,819
ordinance.
Recreation & Inter/Intra Staff Program ...:;' Would hinder the planning Greatly enhance the Department's
Parks/ICPCH Departmental Participants, OS! process for major projects ability to communicate with
Teams, Vendors. and events. $14,693 contractors, event committees,
Committees, Citizens - other staff city-wide.
n .
Recreation & Professional Staff Citizens '-;-< Staff would not be able to
Parks/ICPCH DevelopmentlTraini stay abreast of current
n9 D$ trends, maintain $2,585
certifications or improve
skills and knowledge.
P ag f 33
12009 PROGRAM EVALUATIONS
CC]DISCRETIONARY SERVICES (DS)
Customers Revle
Rank If not delivered Total Annual w
Department ProgramiPrQject Direct Indirect OS 0-10 list 2,,;) conSequences Cost $ Code Review Comment
Recreation & Pre-school Participants Parents and Opportunity would not be 3 Classes are always filled to
Parks/Civic Center Programs families provided for area pre-school capacity with waiting lists.
OS 8 children to participate in $3,785
healthy activities.
Recreation & Youth Programs Participants Parents and Opportunity would not be 3
ParkslCivic Center families provided for area children to
DS 8 participate in healthy $15,149
activities and the arts.
Recreation & Adult Programs Participants Vendors Reduced opportunities for 3
ParkslCivic Center DS 8 adults to participate in $5,696
social, educational and
physical activities.
Recreation & Youth Dance Participants Parents and Reduced opportunity for the 3
ParkslCivic Center families unique experience provided
DS 8 almost exclusively by the BB $15,063
Rec_ & Parks Dept
Recreation & Concerts and Participants Vendors, Staff Reduced opportunities for 3 Provides adults with social
ParkslCivic Center Dances OS 7 social interaction for adult $6,331 interaction and cultural events
population. throughout the year.
Recreation & Therapeutic
ParkslCivic Center Program OS $5,523
Recreation & Youth Sports Participants Parents, Childhood obesity rates are 1
ParkslHester Center Spectators, at an all-time record high; by
Officials not offering, the opportunity
for area youth to improve
OS 8 their health is decreased. $24,503
Increase in idle time which
can promote negative
behavior.
Recreation & Adult Sports Participants Citizens, Loss of positive physical and 3
Parks/Hester Center Spectators, mental stress-relieving
Volunteers OS 8 activities; decrease in $20,778
socialization and overall
health.
Recreation & Summer Participants Parents and Loss of safe, constructive 6 Fees for City programs are
Parks/Hester Center Camps/Clinics families, environment for children; considerably less expensive than
Vendors, Local increase in idle time which altematives.
area OS 8 can promote negative $24,332
attractions behavior. Decrease in
physical and mental activity.
Page 25 of 33
/Z.009PR()GRAM EVALI.IAT/ONS
CTIDISCRETI01V~~;Y~~RVICES (Q~J
Cl!$tOl!1ets Revie
Rank If.~9td~!iVe~i' TOtidArll:lUal w
I)epartrnent ProgramlP~oject Oirect Indirett . DS 0-10 I~~con$llquen<;~... Cost$ COde '. ..Reyi.wCom~nt
Recreation & Special Children and Citizens Decreased sense of 3 Family events provide an outlet for
Parks/Hester Center Events/Activities families OS 6 community. Decreased $18,417 families to be involved in their
opportunities for family community at a low cost.
events.
Recreation & After-school Kids Youth Parents and Increased the number of 6 Affordable alternative to after
Parks/Hester Center Club participants families, latchkey children, could school programs at local
Schools increase rate of juvenile elementary schools and daycare
crime and social centers.
OS 9 dysfunction. Reduced daily $23,020
exposure to physical
education. Less high quality
after school programs and
homework assistance.
Recreation & Open Recreation Citizens Staff I- Loss of safe, constructive Provides a safe venue for free time
Parks/Hester Center Activities environment for children. activities.
Increase in idle time which
OS 7 can promote negative $25,550
behavior. Decrease in
physical and mental activity.
.... 1
Recreation & Police Athletic Police Parents, <:~~ Loss of support and field
Parks/Hester Center League Department Families 4 preparation for PAL $47,336
program. 2
Recreation & Teen Activities Participants Parents 5" Loss of positive direction Provides a safe venue for free time
Parks/Hester Center from coaching and activities.
mentoring. Decrease in
D.S 8 youth fitness. Increase in $15,529
idle time which can promote
negative behavior.
1
Recreation & Learn to Swim Citizens Many children loose the
Parks/Denson Pool opportunity to learn a vital,
lifelong skill.
-"'; Adults loose the opportunity
J:)S to obtain a skill necessary $29,422
., for employment and/or
personal water safety.
PagE 33
12009 PROGRAM EVALUA T10NS
O=IDISCRETIONA~r SERVICES (DS)
Customers Revie
Rank If not delivered. Total Annual w
Department Program/Project Direct Indirect OS 0-10 Iist2~3 consequences Cost $ Code Review Comment
Recreation & Recreation Swim Citizens Loss of competing at the
Parks/Denson Pool Team recreation level, where the
standard is more of an
enjoyment of swimming.
Loss of the ability to
succeed in swimming for
OS those who enjoy competing, $13,668
yet, haven't been successful
with other highly
competitive leagues; builds
self esteem in those
participants.
Recreation & Junior Lifeguard Citizens Many who aspire
Parks/Denson Pool Iifeguarding for future
employment loose the hands
on and authoritative aspect
of the job that they crave
interms of career
development and choices at
a young age.
OS $7,293
Loss of the ability to
promote the aquatic field
and official lifeguard,
certifying classes for future
generations.
Recreation & Adult Activities Citizens Adults loose physical fitness
ParkslDenson Pool and health improvement
opportunities in an aquatic
environment
OS Adults loose job qualifying $10,484
and enhancement
opportuniles_
Recreation & Open Swim Citizens A loss of open swim
Parks/Denson Pool OS supervised by certified $146,063
lifeguard, first responders.
Page 27 of 33
Departritent
Recreation &
Parks/Denson Pool
12009 PROGRAM EVALUATIONS
Pr09~m/Projeet
Summer Camps
(internal)
Recreation & Summer Camps
Parks/Denson Pool (external)
Recreation & Administrative
Parks/Denson Pool
Recreation &
Parks/Denson Pool
Professional
Development and
Training
Customers
Direct
Citizens
Citizens
Staff
Staff
Indirect
LIJ.DISCRETIONARYSEItV/~e;S(pS)
. . Ifnotdelivei'ed
IIll.t~4co~quen~es
Camps that do not have
swimming as apart of the
agenda, aren't obtaining a
true Summer camp
experience.
Loss of open swim as an
added element to the
Boynton Camps Curriculum
is an overall loss of prestige
to the Department, with a
cause and effect value of
decline in attendance and
revenue in immediate years,
forward.
Camps that do not have
swimming as apart of the
agenda, aren't obtaining a
true Summer camp
experience.
The Boynton pool loses
recogniton of quality
ammenities, competitive
prices and safety services
amoung other aquatic
complexes.
Essential documentation
could not be recorded.
History could not be
maintained in order to
compare cost analysis, and
provide input for
improvement
Public, aquatic safety will
be compromised.
Staffs knowledge of current
trends, safety protOCOls and
standards expire and
become extinct
Pagf - 33
Total.A/tnual
Co$t$
$7,038
$3,242
$21,458
$4,470
,Revie
w,
Code
Review Comment
12009 PROGRAM EVALUATIONS
o=JDISCRETlONARY SERVICES (DS)
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect OS 0-10 list 2-3 consequences Cost $ Code Review Comment
Recreation & Youth Sports Participants Parents, Childhood obesity rates are
Parks/Sims Center Spectators, at an all-time record high; by
Officials not offering, the opportunity
for area youth to improve
OS 8 their health is decreased. $10,141
Increase in idle time which
can promote negative
behavior.
Recreation & Adult Sports Participants Citizens, Loss of positive physical and
Parks/Sims Center Spectators, mental stress-relieving
Volunteers OS 8 activities; decrease in $11,792
socialization and overall
health.
Recreation & Summer Participants Parents and Loss of safe, constructive
Parks/Sims Center Camps/Clinics families, environment for children;
Vendors, Local increase in idle time which
area OS 8 can promote negative $21,055
attractions behavior. Decrease in
physical and mental activity.
Recreation & Special Children and Citizens Decreased sense of
Parks/Sims Center Events/Activities families OS 6 community. Decreased $15,639
opportunities for family
events.
Recreation & Open Recreation Citizens Staff Loss of safe, constructive
Parks/Sims Center Activities environment for children.
Increase in idle time which
OS 7 can promote negative $10,110
behavior. Decrease in
physical and mental activity.
Recreation & All - Star Participants Parents, Loss of positive direction
Parks/Sims Center Cheerleading Citizens, from coaching and
Vendors OS 7 mentoring. Decrease in $3,741
youth fitness and team
building through competitive
sports.
Recreation & Pre-K Program Participants Parents, Loss of opportunity for
Parks/Sims Center Families children ages 3-4 to
OS 8 participate in early learning $22,720
and socialization activities.
Page 29 of 33
120(}~ PRQ(jRAM EVALUA TIONS
~QISGRETIONARY SERVICES (g$J
Customers Revie
Rank . If not dfilivered TQtBI AI'lnulll W'
D~partrtlent Pl'OgramJProject Direct Inditect OS 0.10 1l~14~uen~ CotU Code ,..., RelliewComment
Recreation & Teen Activities Participants Parents Loss of positive direction
Parks/Sims Center from coaching and
mentoring. Decrease in
OS 8 youth fitness. Increase in $12,013
idle time which can promote
negative behavior.
Recreation & Senior Recreation Participants Vendors loss of opportunities for 3
Parks/Senior Center Classes seniors to engage in social
DS 8 interaction, physical health $20,983
and educational programs_
Recreation & Special Events Participants Citizens . Decreased sense of 3
Parks/Senior Center 6 community. Decreased $18,363
opportunities for senior
special activities.
Recreation & Field Trips Participants Local Inhibit opportunities for 3
Parks/Senior Center businesses seniors to get out of the
DS 6 house and participate in $21,814
socially stimulating activities.
Recreation & Court Reservations Players e. Eliminate service which 1
ParkslTennis .~~;' 7 current permit holders $13,419
,Cantar expect.
Recreation & Junior Player Players Parents :~L Would not be able grow the 1 A positive tool used to promote
ParkslTennis Development 7 game of tennis at the grass $7,431 good health and fitness.
I CantAr roots level.
Recreation & Adult Player Players . ;F' '..... Would not be able grow the 3 A positive tool used to promote
ParkslTennis Development .~'i 7 game of tennis at the grass $6,453 good health and fitness.
I Cantillr roots level.
Recreation & Tennis Players Parents The local youth population 3
ParkslTennis Camp/Juniors .;~~-' would lose the opportunity to
Center 6 experience the game of $6,453
tennis.
.....
Recreation & Leagues Players f~; loss of revenue and 3
ParksITennis 7 physical health and well- $11,430
Ir.Anh>r being.
Parks Beach Junior Residents, Public Training for future lifeguards
Lifeguards Teens b~ 9 would not be done. $3,376
Cemetery Cemetery Owners City '., Plot and mausoleum owners 1
Operations would not have access. The
Q$ 6 City is responsible for $319,737
maintenance in perpetuity.
Pag f 33
12009 PROGRAM EVALUA TIONS ~DISCRETlONARY SERVICES (DS)
Customers Revle
Rank If not delivered Total Annual w
Department ProgramlProject Direct Indirect OS 0-10 list 2~3 consequences Cost $ Code Review Comment
Cemetery Mausoleum Owners City Plot and mausoleum owners
would not have access. The
OS 6 City is responsible for $56,800
maintenance in perpetuity_
Transportation Youth Program Youth program Parents, Students would have to pay 6
Transportation participants Schools the higher cost of after
school programs at various
schools. Would have to pay
OS 7 charter bus company in $69,504
order to provide field trips
for summer camp programs.
Transportation Senior Center Senior citizens Seniors would not be 6
Transporation (residents) provided with low cost
transportation to the Senior
Center, would limit the
DS 7 capabiltiies for residents $69,504
who have no other means of
transportation to the Senior
Center.
Transportation Shopper Hopper Residents Local Riders would have to use 6 Funded through grant from Palm
(riders) businesses other means of public or Beach County
OS 6 private transportation to visit $139,009
local businesses.
Risk Management Litigation Plaintiffs & General Public
Management Attorneys In-house management of
litigation by claims
profeSSionals results in close
control & cost effective closure
of claims. Alternative of using
OS 6 $191,860 outside counsel with no in-
Loss of control of house management; or, in-
financial resources. Loss house counsel with no claims
of control of litigation experience, will result in
strategies. Increase increased costs on individual
number of litigation claims and loss of control of
cases & costs. 2 settlements at mediation.
Page 31 of 33
Department
Risk Management
Risk Management
UtllltiesJWW
Collection, Lift
Station, Treatment
UtilitieslWW
Collection, Lift
Station, Treatment
Water distribution
12009 PROGRAM EVALUATIONS
PrograrTIIProjllct
Risk Funding and
Transfer
I:=rJDISCR~J()NARY SE~VICES (DS)
CUlltOroers
Direct
Insurance
Brokers &
Companies
DS
Indirect
General Public
os
Training, Education Dept. staff &
& Networking City staff
Environmental
Issues
Reuse Water
Capital Program-
Neighborhood
Rehabilitation
Risk
Management &
Insurance
Markets
City staff & General Public
General Public
Environmental
Customers,
Neighborhoods
Rank
0-10
If not delivered
list 2-3 conSequences
Total Annual
Cost $
6
Loss of control & loss of
self- insured resources.
Loss of control of market
access. Increased
premiums for fully
insured program.
$2,291,978
Reduction in knowledge
& ongoing updating of $44,933
staff in job related
issues. Inability to
present the City as
leading edge or even
awareness of related
activities.
Decreased monitoring of
6 environmental issues. $59,518
Increase in job related
injuries. Increase in
public complaints.
8 $408,306
will have commodity and no
where to put it $72,911
Renewal, replacement,
capital improvement projects
will not be completed,
system will reach past life $43,643
expectancy and begin to
deteriorate
pag f 33
Revie
w
Codll
~~vlewCol11!tlent
Maintaining self-insured
retentions, & monitoring of
market conditions results in
reduced cost of insurance
program. Alternative of utilizing
fully insured program will result
in increased premium costs,
over & above self-insured
costs, and loss of control of
program.
2
2
Maintaining current levels will
continue program up-to-date, &
recognized as a leading
program statewide & nationally.
Alternative of dropping or
reducing program will result in
reduction of knowledge base
and increased risk for errors &
omissions in current program.
This would result in increased
risk for higher costs in various
programs.
Continue environmental
monitoring in City buildings.
Alternative of dropping or
reducing program will increase
environmental risks resulting in
increased claims by employees
& public.
Program is essential to city
functions as documented in past
events
~2009 PROGRAM EVALUATlqNS
o=JDISCRETIONARY~ERVICES (DS)
Customers ReI/Ie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect OS 0-10 list 2-3 consequences Cost $ Code Review Comment
Public Water Electrical Services City City departments will have
Treatment for others DS to hire contractual $11,782
electricians to perform jobs
Public Water Educate City and SFWMD Greater Waste Inability to 6 Maintains pride & community
Treatment Consumers Service Area DS 6 & 10 Justify Rate/Maintain CUP $15,038 ownership and involvement
Compliance
Grand Total
$14,367,116
Page 33 of 33
/2009 PROGRAM EVALUATIONS
I==r=:]PROGRAM ENHANCEMENTS (PE)
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
City Manager Revise Office Office Staff 5 Office procedures would 1 Guarantees continuity of
Manual PE not be kept current and $884 practices among office staff &
consistent throughout serves as a guideline for
C/M office accepted procedures
City Manager Suslaibability Staff Citizens 6 City would not be 1 Necessary for citywide
Coordination proactive in developing a coordination in implementing
sustainable future for Green Task Force
PE residents and would $7,263 recommendations and
suffer increased costs completion of a Climate Action
associated with reactive Plan
mitiaation.
City Citywide Grant Staff Community 6 Missed funding Continuity of grant
ManagerlGrant Team opportunities/duplication procedures/policy citywide and
Coordination of effort/no formal on-going interdepartmental
citywide overview, return communication is essential to
to "dept. silo" mentalityl maintain effective operations
PE Potential loss of millions $24,108
towards City projects,
$3,3963,796 grant
awards in FY2008.
Estimate over $5.5M in
FY2oo9/1o.
City Citywide Grant Staff Community 6 Risk non-compliance at Orientation & on-going training
Manager/Grant Management & audit, Reporting in all areas of grant
Training errors/Missed deadlines/ management is essential to
Awareness of ensure compliance and future
Commission & legal funding opportunities, positions
PE approval/Lose $43,646 turn over frequently -new staff
competitive need training and current staff
edgelAutomating grants need training when grant
management saves time management software is
and money upgraded or policy changes are
made
City Citywide Grant Staff Community 6 Missed funding Providing departments
ManagerlGrant Researchl opportunities/ non- research assistance & tools
Proposal competitive and providing quality reviews of
Development applicationslno new proposals ensures competitive
funding sources/ Avg. applications that help fund City
PE annual citywide grant $30,480 priorities
requests over past 5 yrs
$5,412,258/ potential for
loss of millions of dollars
to fund City projects
Page 1 of 39
f2009 PROGRAM EVALUA TIONS
CD PROGRAM ENHANCEMENTS (PE)
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
City legislative Citizens Staff 6 Risk loss of grant funding Monitoring bills that effect the
Manager/Grant Issues/ opportunities/being stuck future of the city and
Sustainability with additional unfunded coordinating a citywide
(ARM) mandates, could end up response is essential to
costing the City more in securing future grant funding.
long run, if not kept up Meeting with PBC staff and
with. City would be surrounding municipalities to
uninformed on share resources and
Congressional budget collaborate on
issues - lacking projects/programs as
PE information on where $16,066 appropriate
funding cuts are being
made would inhibit the
City's ability to work with
the County and
neighboring
municipalities to move
forward with our
priorities.
City Community Community staff 6 Raising funds for unique Recruit and develop a strong
Manager/Grant Foundation and potentially high cost Board of Directors who will
projects would be time develop relationships with
consuming and more public and private agencies to
difficult. Projects and support local programs and
I programs may be projects. Foundation grants
PE delayed or worse, not $10,094 may be applied for in addition
provided to the to fundraising activities and
community, as federal, donations.
state and local tax dollars
cannot fund every project
entirely.
~~ --- --
City
Manaaer/Grant .-.---- 1---.
City Media Relations Media Citizens, 8 Scattered messages 1 Media relations built on
Manager/Public Commission, Inability to manage personal relationships.
Affairs Employees PE issues. $30,760 Consultants use cookiecutter
I approach. Better able to target
I messaoe.
Fag' 19
12009 PROGRAM EVALUATIONS
!==c=JPROGRAM ENHANCEMENTS (PE)
Customers Revie
Rank If not delivered Total Annual w
Department ProgramlProject Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
City SBrv Citizens, Media, 5 Limits City's ability to 6 Expand programming. Improve
Manager/Public Businesses Commission, communicate with PIO Team's news gathering
Affairs Employees stakeholders, especially skills. Develop station
in an emergency. Limits recognition and reputation.
PE stakeholders' ability to $14,265
receive information,
especially in an
emergency. Impacts
City's image.
City Social Network Citizens, Commission, 5 Inhibits City's ability to 6
Manager/Public Media Businesses, Employees communicate with
Affairs Media stakeholders who do not
receive their information
through traditional
sources. Limits
PE stakeholders' ability to $8,060
receive information.
Impacts City's image.
Compromise points of
possible interaction.
Limits ability to learn
specific knowledge.
City Internal Employees, Media, 6 Scattered messages. 6 Work with PIO Team to
Manager/Public Consulting Commission Citizens, Inconsistency in improve news gathering skills.
Affairs Businesses communication. Inability Provide training where
PE to deliver/receive $13,000 appropriate to facilitate
important messages. communication with media.
Work with Organizational
Development to make training
available.
City City Services Citizens Commission, 6 Limit City's ability to 1 Encourages citizen participation
Manager/Public Institute Employees educate citizens. Limit in government. Feedback focus
Affairs citizen feedback. group. Expenses can be
partially offset by fees. Done in
PE $4,070 conjunction with all
departments. Does not capture
other departments' costs.
Page 3 of 39
12009 PROGRAM EVALUA T10NS
c=c=JPROGRAM ENHANCEMENTS (PE)
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
City Training/Educati Employees, Citizens 3 Limit new ideas; ways of 6 Helps create, develop more
Manager/Public on Commission doing things. Stifle efficient, effective systems,
Affairs PE creative problem solving. $5,430 methods.
Inhibit professional
development.
City Networking Citizens, Citizens, 4 Limit building mutually 1 Develops important
Manager/Public Businesses Businesses, PE beneficial partnerships. $4,170 relationships to accomplish
Affairs Employees, Limit public feedback. goals, objectives.
Commission
City Speakers' Citizens, Employees, 1 Limits City's ability to 6 New program. Evaluate. Done
Manager/Public Bureau Businesses Commission communicate with in partnership with
Affairs stakeholders regarding Sustainability Team
"green" topics and
PE sustainability. Limits $3,550
stakeholders' ability to
receive information about
"green" topics and
sustainability. Scattered
-~.-- .---------:--:- -=-:-~._--_.- messages. .-- -.---
City Message on Hold Citizens, Employees, 6 Limit means of 6 Convenient method to
Manager/Public Businesses Commission PE communicating $4,560 communicate timely
Affairs information. information.
City Guidance & City & CRA
Manager/Public Education staff, CRA & There would be no
Art City Boards, other art coordination,
Arts related PE 8 communication or $1:;!,375 1 Cost efficient now. to outsource
Commission, would raise costs.
developers, agencies knowledge of or for
planners, program implementation
public, artists ...._._~--
City AIPP strategic City
Manager/Public plan Commission, Other City There would be no
Art City & CRA boards, Artists, cohesive plan or creative
I staff, CRA public, Cost efficient now, to outsource
I PE 8 methods to implement $111,720 1
Board, Arts businesses. city or private public art I would raise costs
! Commission, organizations,
I developers, associations projects.
!
. planners, I
l__. .-
Pag
l2009 PROGRAM EVALUATIONS I==r=IPROGRAM ENHANCEMENTS (PE)
Customers Revie
Rank If not delivered TotalAnnual w
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
City Seahorse City
Manager/Public Fountain Commission,
Art City & CRA
staff, CRA City Boards,
Board, Arts planners, PE 5 $6,139
Commission, organizations,
developers, associations
public,
businesses,
artists
City Opus Sea Turtle City
Manager/Public Commission, The City would lack PA
Art City & CRA projects that attracts
staff, CRA City Boards, visitors, and project
Board, Arts planners, PE 5 target market, stimulate $1,242
Commission, organizations, cultural interaction,
developers, associations amenities, education,
public, business growth and
businesses, economic development.
artists
Development Document City Public; City 3 Increased offsite storage 6
Imaging Employees Commission; needs for record
General Public City retention; failure to meet
Business Administration; public records requests
Owners Vendors; City PE deadlines. Decrease in $170,913
Developers Administration staff efficiency.
Contractors
Design
Professionals
Development Customer Public; City 8 Dissatisfied and
Service Contractors; Employees; uninformed citizenry;
Developers; City failure to comply with
Property Commission; regulations; higher
Owners; City incident of customer and
Business Administration; code complaints. Public
Owners; Review Board PE mis-information about $276,681
General (Bldg Board of city development
Public; Design Adjustment &
Professionals; Appeals)
City
Employees
6
Page 5 of 39
12009 PROGRAM EVALUA T10NS
0=1 PROGRAM ENHANCEMENTS (PE)
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
Development Education & City General 8 Failure to comply with 6
Meetings Employees Public; City state mandates for CEU
Commission; courses for building staff
City would lead to loss of
Administration; certifications. Credentials
Contractors; PE of professional staff $168,539
Developers would also be lost
through a failure to meet
CEU requirements
Development Website City Public; City 4 Loss of 6
Development & Employees Commission, interdepartmental
Software Contractors City automation capability;
Management Developers Administration reduction in service
Design levels to the public;
Professionals PE outdated GIS maps. $105,912
Property
Owners
I Business
Owners
General Public
r--~---~~-~---._- General Design 8 Higher insurance rates; This is a service provided to the
Development CRS/Flood 6
Information Public; Professionals; Citizens would not public which goes beyond
Property City receive discount on flood normal department operations.
Owners; Commission, insurance policies.
Business City PE Difficulty in obtaining $2~1,858
Owners; Administration flood insurance for
Developers, properties
City
I ~- ~.-..- EmpJ9J~~~ L_ . L.____~___~__.____L_. ---
,Jag \C!
-12009 PROGRAM EVALUATIONS
CC!PROGRAM ENHANCEMENTS (PE)
Customers
Department
Development
Rank
0-10
6
If not delivered
list 2;.J consequences
Possible loss of seat on
county committees; Lack
of awareness of and
preparation for state and
county programs and
requirements; Loss of
opportunity to voice city
needs to outside
agencies; Increased
costs of meeting state
requirements due to lack
of access to shared
resources and efforts;
Possible decrease
in revenues due to lack
of knowledge of
opportunities
Program/Project
Intergovernment
al Agency
Coordination &
Reviews
(census, MPO,
IPARC, Dodge,
County PAPA)
Direct
Other City,
County,
Regional
agencies;
Governmental
entities
Indirect
General Public
PE
PE
Total Annual
Cost $
Revie
w
Code
1
Review Comment
$62,311
Finance Issuing City Citizens 8 No accountability. To provide centralized area for
Employees PE Increased cost of goods. $38,615 items ordered by various city
de artments
Finance Warehouse 2 Utility Citizens 8 Decentralized To provide centralized area for
Employees purchasing. No items ordered by various city
PE accountability in $42,711 departments
inventory control.
No cost savin s.
Finance Surplus The City Citizens 8 No tracking or GASB #34 requires proper
PE accountability of city $31,084 accounting of fixed assets
assets.
Finance Record Storage The State City PE 6 No centralized storage. $27,040 To comply with records
Em 10 ees retention er state statute
Finance Fixed Asset The City Citizens 8 No tracking or GASB #34 requires proper
Inventory PE accountability of city $12,525 accounting of fixed assets
assets.
Finance Warehouse 3 8 No tires for vehicles To provide centralized area for
PE $6,396 items ordered by various city
de artments
Finance Purchasing/Bids The City 8 No Bids for warehouse st To assist with purchasing
PE $4,978 process relating to warehouse
stock
Page 7 of 39
12009 PROGRAM EVALUA TIONS 0=1 PROGRAM ENHANCEMENTS (PE)
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
Fire EMS Billing insurance patient 6 great loss in revenue, 3 Necessary for revenue
Support/Admin. companies, families, FF's, legal issues brought by production. Generates
patients, legal EMS the state for not being in 1,000,000 in revenue for the
offices Coordinator PE compliance with billing $7S,370 City.
procedures. Offsets cost
to citizens by not raising
taxes_
Fire Grant application fire rescue citizens & 8 loss of valuable funding, The fire rescue department
Support/Admin. preparation department visitors of city elimination of some have brought in more grant
public relations funding than any other city
PE programs, loss of our $1B,655 departments
ability to purchase
additional equip not
bud eted_
Fire Accreditation City, Visitors 8 1. Provision for review Provide a complete review of
Support/Admin. firefighters, PE by peers 2. No rating of $4!l,648 Fire Department services
citizens services rovided
Fire Wellness Fire Rescue City, Citizens This could result in a This program provides our staff
Support/Admin. program Department break of the union the ability to maintain their
contract agreement health to the highest
PE Could increase number $8,016 appropriate levels. It decreases
of worker's comp claims. the amount of worker's
Could increase hours of compensations claims and sick
sick time used. time used within our
de artment.
Fire Operations Recruitment and All BBFRD Citizens and 8 New Firefighters must be 6 Outsourcing criminal
Retention (hiring Personnel visitors to hired to fill vacancies background checks,
and keeping new Boynton Beach which occur due to physical/drug/psychological
Firefighters) regular retirements and screens to Human Resources
PE departmental growth. $4.!,457 would be a more efficient
Loss of incentive to meet system
the diversity
requirements of the City
Commission.
I Fire Operations Tactical Mapping All BBFRD Citizens and 8 Response times will 2006 saw a significant
and Pre-planning Operations visitors to increase, important investment in new technology
I personnel Boynton Beach information will not be for this program, including over
i PE readily on scene, loss of $701,383 $130,000 in grant funds.
I lives and property may Supporting this investment
result improves response times.
Pag ,q
12009 PROGRAM EVALUA TIONS
I==r::]PROGRAM ENHANCEMENTS (PE)
Customers Revle
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
Human Policy & Procedure Employees Citizens 8 Inconsistencies 6 The PPM, APM, Pay Plan and
Resources/Admin. Development Managers Grievances Labor contracts need to be
Interpretation Citizens Communication Issues reviewed. Additions and deletions
PE $28,130 to pOlicies and procedures since
the last revision are needed.
Human Supervision of all HR Staff Employees 8 Inadequate Process 6 This is also an essential function to
Resources/Admin. HR functions/staff Managers PE Customer Complaints $7,422 meet goals and objectives
Staff lack direction
Human Train Supervisors HR Staff Citizens Unions 6 Staff, Supervisors and 6 Training on Labor Contract
Resources/Admin. and Management Supervisors Management not up to date provisions must be maintained.
on Labor Contracts Management PE on Labor Contract $10,033
provisions & Regulatory
Issues
Human Internal Managers Citizens 8 Managers make wrong 6 To continue to provide this service
Resources/Admin. Consultancy to all Employees decisions to departments. This is a major
City Departments PE No confidence in HR $37,774 Human Resource function.
Human Human Resources HR Staff State and 8 Backed up Processes 6 In an age of technology the Human
Resources/Admin. Information System Employees Federal Citizen Complaints Resource Infonnation system is
Citizens Government Staff Complaints sorely needed to keep up with the
Managers demand for instant customer
PE $38,804 service. Tools that can manipulate
historical data to identify trends is
required to be able to plan
efficiently for the future.
Human Strategic Planning HR Staff Employee's 8 No prep for future 6 Plan and review alternative
Resources/Admin. Managers HR becomes ineffective programs and make the best use of
Citizens PE $16,313 limited resources. Act as stewards
Unions of the taxpayers money. Forecast
for the future.
Human Health Insurance Employees Dependents 8 Increased turnover, Difficulty 6 Most important benefit offered,
Resources/Benefits 6 in hiring, Poor morale Included in bargaining unit
contracts. Review options for cost
PE $8,921 containment in the Employee
Health Plans, such as partial self-
funding and disease management
Human Dental Insurance Employees Dependents 7 Increased turnover, Difficulty 1 Important benefit for
Resources/Benefits PE in hiring, Poor morale $5,860 competitiveness, Included in
bargaining unit contracts
Human Vision Insurance Employees Dependents 7 Increased turnover, Difficulty 1 Important benefit for
Resources/Benefits PE in hiring, Poor morale $5,860 competitiveness. Included in
bargaining unit contracts
Human Life/AD&D/L TO Employees Dependents 7 Increased turnover, Difficulty 1 Recently changed vendors. Need
Resources/Benefits Insurance in hiring, Poor morale to utilize HTE payroll software to
PE $4,591 track data nd eventulally self-bill.
Page 9 of 39
1-12009 PROGRAM EVALUATIONS
c=r=JPROGRAM ENHANCEIVlENTS (PE)
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
Human All other benefits Employees Dependents 6 Less competitiveness for 1 A well-rounded selection of benefits
Resources/Benefits (23) PE employees with other $21,250 is important for competitiveness
agencies
Human Open Enrollment Employees Dependents 8 Possibility of losing qualified 1 Federal requirement for qualified
Resources/Benefits status of plans, poorer plans such as our health, dental.
PE communication re benefit $/',922 life and AFLAC coordinated
changes, delay changes to programs.
Payroll
Human Provider Relations City Employees 7 May impact quality of 1 Good relationships with providers
Resources/Benefits employee benefits. are critical for excellence in service
PE Employees will be $8,524 and assistance to the City and its
dissatisfied with their employees.
benefits.
Human Pay Plan Revisions Employees Applicants 8 Pay compression and pay 6 Review the current Personnel
Resources/Comp. & inequity resulting an Policy manual and revise as
Classification PE increase in voluntary $1J,702 needed.
turnover and employee
relation issues_
Human Compensation Employees Applicants 8 Lack of compensation & 1 Participate in local compensation
Resources/Comp. & Surveys & Market Other local policy data from surrounding surveys. Conduct as hoc position
Classification Analysis governments market to make decisions. specific survey with core city/county
I PE Low employee morale DOL $10,428 groups
required reports not
completed.
Human Maintain Job City Depts State and 8 Employee compensation will 6 This process has been brought
Resources/Comp, & Descriptions, Employees Federal not reflect the market rate back in-house with the use of part~
Classification Analysis, Government for the position. City will not time contract staff with extensive
Evaluation & be able to benchmark the compensation experience in the
Classification PE City's positions with other $14,784 public sector in addition to current
entities to complete market staff. In previous years an outside
I surveys. vendor performed this work at
enormous cost
-
\Human Oversee the Employees Citizens B Incomplete or biased 6 Using the performance standards
I Resources/Comp. & Performance Managers evaluations and disgruntled already in-place HR has begun to
Classification Evaluation PE Employees $10,440 formalized the process of review
I
Program I and feedback to the manager.
i I - .--
Ht,-m.;;;ReSO;:;~~es/Org , -- Some employees will not Employee who have the initiative to
Tuition Program Employees Citizens 7 2
Development Managers attend college. Poor Morale earn a degree that is job related
Produce a negative effect should not be denied the
PE on succession planning $9,161 opportunity to succeed. The
process education that they obtain will benfit
"J~_ the City's long term future I
I
"_ ___~._..............L~~, _.__n__ --_..,- ~_ _------L___.---l..__~_.~....._,__.,__._.._.,. --... - _....J
"agt -i'i
12009 PROGRAM EVALUATIONS c:=cJPROGRAM ENHANCEMENTS (PE)
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
Human Advertising General Public. Newspapers. 6 Lack of personnel in 1 Listed in the PPM and bargaining
Resources/Recruitment Dept Heads. City Radio. News- departments to deliver unit as part of the hiring
employees. letters. Joumals needed services to the procedures.
PE public. Hinder promotional $4,205
opportunities for employees.
Human Workforce Alliance Department Citizens 4 Work experience will not be Provide work experience to
Resources/Recruitment Work & Volunteer Heads provided to participants. participants and extra help to
Programs PE Completion of tasks will be $6,728 Departments, Coordination ad
delayed programs is needed.
Human Assessment Police/fire Consultant 6 Outsourcing will result in Bi-Annual for Police and Fire. As
Resources/Recruitment Centers employees. higher cost and less needed for executive vacancies.
Executive PE customer satisfaction. $4,205
applicants Brought back in-house in
2006.
Human Job Fairs Recreation & Citizens 5 Time to fill summer and Job Fairs provide an opportunity to
Resources/Recruitment Parks seasonal positions will recruit the best qualified
Department PE increase. A successful $631 candidates,
recruiting method will be lost
Human New Hire Testing General public. Consultant 8 Little assurance that the This examination tests the
Resources/Recruitment Police Dept. City candidates possess the candidate's reading, writing and
Employees PE basic skills for entry level $10,513 observation skills_ All phYSicals
police work. induding Firefighter annual
physicals.
Human Summer Camp Recreation & Citizens 8 Time to fill summer camp The summer camp program
Resources/Recruitment Program Parks employees will increase. benefits the citizens. Choosing the
Department PE Public dissatisfaction $3,869 right employees is critical.
Human Performance Employees Supervisors 8 If we did not measure 6 Performance management process
Resources/Records Evaluation performance, we would not is tied to job description, City goals,
Management be able to achieve our merit increases and training.
PE goals. Communication $25,195
problems and poor morale
will result.
Page 11 of 39
12009 PROGRAM EVALUA TIONS
CLlpROGRAM ENHANCEMENTS (PE)
I
Customel$ Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
Information Anti-Spam Employees All External 8,6 * Staff will receive 1 The City's email domain
TechnologylTier 2 Customers approximately 50 to 100 receives approximately 400,000
unsolicited emails per email messages per month, of
person per day. which only 10% (40,000) are
* Users will run the risk 0 deemed legitimate and allowed
infecting their systems to pass through our spam filter
with viruses, which are and delivered to our email
typically inbedded in users. If this program is
many SPAM messages. eliminated, the additional
* Employee productivity 360,000 email messages would
PE will decrease due to the $8,060 not be blocked by the 3rd party
receipt of unnecessary filter, would now be received
email messages. and processed by our email
server, and delivered to our
staff members. This will create
a loss of productivity on our
email users and a wasted use
of our email server's resources.
Information Needs Employees All External 8,6
TechnologylTier 2 Analysis/City Customers PE $36,450
Dept. Operations
Pagr
12009 PROGRAM EVALUATIONS
c=cJPROGRAM ENHANCEMENTS (PE)
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
Information Internet Employees All External 6 * Remove a major 1 The Internet is the fastest
TechnologylTier 2 connectivity Customers resource to research and growing technology ever sine
share knowledge with its existence in the late 70's.
others According to Mathew Gray of
* Potential increase in the Massachusetts Institute of
long distance phone bills Technology, the number of
* Inability to share files people using the internet has
with other agencies tripled from 3.2 million in 1994
to 9.5 million in 1996. Since
1996, the numbers continues to
triple almost every three
PE $17,904 months. The City is in the
process of improving its work
processes and web-enabling
some of its services. The
impact is that it extends
government services to the
community, provides customers
with altematives for travel to the
City Hall, and frees up internal
resources to work more
efficiently.
Page 13 of 39
r-
12009 PROGRAM EVALUA T10NS
c=L]PROGRAM ENHANCEMENTS (PE)
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
Information LaserFische- Employees All External 6 * Additional paper 1 This system was implemented
TechnologylTier 2 Document Customers copy/documents being in an effort to minimize space
Imaging maintain in file cabinets requirements (paper).
or outdated technology LaserFiche is now an
such as microfilm. enterprise solution. The city
* Less effective methods can benefit even more from this
of retrieval (not indexed). technology by centralizing most
* Less automation of the functions. The quality of
means more manual the scanning often suffers
effort needed to perform because the departments does
the same task. not include quality checking as
* Inability to store and part of the scanning process.
PE attached files in a central $5Ei,301 Centralizing the program will
depository also reduce overhead and
workload in the departments
that does not have a dedicated
staff to perform the task.
Centralizing the function will
provide savings in lower
maintenance cost perhaps up
to $8000/yearly, and scanning
equipment
Information SQL Server - Db Employees All External 6 * No access to GIS and 1,6 The cost to invest in another
TechnologylTier 2 engine Customers LaserFiche data base such as Oracle is
* Increase cost for around $110,000 for the city
another type of database size data network. Oracle and
engine such as Oracle or Peoplesoft requires a full time
Peoplesoft. Data Base Administer (DBA).
PE $4.120 Currently, we do not have that
I expertise in house. A DBA
I salary is roughly $85,000 per
, year. The $17,350 cost to run
the yearly SQL DB engine is by
i I far a greater investment.
.
L~."_..__ '" ; .- -. --- '"C_
Pap,f ";~f
12009 PROGRAM EVALUA T10NS
I==r=!PROGRAM ENHANCEMENTS (PE)
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect PE 0-10 list 2.3 consequences Cost $ Code Review Comment
Information Project Employees All External 6 6 Much of the work that our
TechnologylTier 2 Management Customers * Limited goals and division is responsible for is
objectives for staff, related to projects. These
based on customer projects change monthly and
directives yearly, so it is difficult to detail
* Lack of leadership for each entry in this form. Project
staff members to meet management with clear goals,
deadlines and objectives objectives, resources and
timeline should be documented
for all projects in the city
PE $n,707 providing accurate and timely
reports that should be shared to
internal staff and the public.
The project management
process would also benefit the
business strategic and
technical strategic
management process to
enhance services and reduce
cost.
Information Business Employees All External 8 Inability to get the latest 1 Technology is a constant pace
TechnologylTier 2 Meetings Customers technology updates and of change. Without access to
connect with peers in the vendors and peers, it would be
PE governmnet sector to set $4,475 impossible to keep up with the
strategic goals various training and white paper
presentation offered at the
governmnet sectors.
Information THE. Naviline Employees Citizens 6 * Decreased in the 6 HTE offers Employees and
TechnologylTier 1 Support quality of customer Citizens, an enterprise-wide
service. software and service solutions
. HTE Programs used for that help municipalities,
Utility Billings, Finance government agencies, and
payments, work order utilities connect their
creations, and public departments, staff, citizens,
PE safety would be $12,767 and businesses with critical
impacted. information and services.
Recommendation would be to
use more Web based
applications resulting in lower
over head costs. HTE Training
applications are not utilized to
full capacity
Page 15 of 39
12009 PROGRAM EVALUATIONS
0=1 PROGRAM ENHANCEMENTS (PE)
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
Information Research Review Employees Citizens 4 *Poor stewardship of 1 Verifying system capabilities
TechnologylTier 1 Hardware/Softwa funds and resources and compatibilities is an
re * Hardware and software important step in controlling
PE incompatibilities. $4,831 costs and preventing potential
* Decreased customer downtime and productivity loss.
productivity.
Information Hardware/Equip ITS City 2 *Outdated and 1 During the course of a year,
TechnologylTier 1 men! Retirement Employees; employees; incompatible equipment various pieces of obsolete
Warehouse City *Need for off-site storage hardware relating to ITS are
Administration sent to the City's warehouse
facility to be sold at the City
surplus store or disposed of if
PE $3,589 unusable. These items are
mostly PCs and monitors
replaced during the PC
Replacement Program but can
include other equipment that is
replaced throughout the year.
-_._-~ --- ------- .- ~-----_.- --- ------. --~
Information Main Answering City 8 Customer's would have 4 Provide switchboard operator
Technology/Admin Point Staff/Citizens to determine which staff with a directory that outlines
member can best meet who should receive what types
their needs instead of of calls. The switchboard
calling one central operator would be responsible
PE location. No calls would $9,180 to get the customer to the right
be screened, and personnel rather than the just
I management would have the right department.
l_ to answer every inquiry.
--~ -~_...._--_._---- -,_._,.--~_..._._.
Page I"~
12009 PROGRAM EVALUATIONS
I=c!PROGRAM ENHANCEMENTS (PE)
Customers Revie
Rank If not delivered Total Annual w
Department ProgramlProject Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
Information City GIS Map Employees All External 1) Provisions to support The creation of new layers to
Technology/GIS Creation and Customers various internal and the city staff and public is an
Ongoing Updates external users would be essential service. Data from the
compromised due to county property proposal, city
unreliable map data. annexation, and commission
Incorrect data would not districts are part of the
be usable in a production information that is created and
environment with provided to city staff and the
potential safety issues or public. GIS will continue to
delay in response to seek potential revenue stream
emergency calls. 2) by working with palm beach
Public Safety Operations county municipalities that does
PE such as Fire, PD and $196,709 not have a GIS system.
E911 Dispatch will not Revenue is also created by
have the latest essential residents and businesses that
layers. request GIS information. The
GIS database is the essential
engine to the overall
application. Failure to provide
proper maintenance would
result in lower expectation,
inability to interface with other
city enterprise applications
such as H.T.E. and LaserFiche.
Information GIS City Map Employees All External 6 1) Delays in processing 3 The GIS map book is a
Technology/GIS book Customers Field Work Requests. 2) valuable source of information
Inability to provide maps to both city staff and the public.
PE to the public. 3) Inability $12,657 City should promote and
to generate income from market the data-creating
map sales to the public additional opportunity for
revenue stream.
Page 17 of 39
12009 PROGRAM EVALUA TIONS
1=0 PROGRAM ENHANCEMENTS (PEl
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
Information GIS Fire Map Employees All External 8 1) Delays in Fire/EMS 4 The Comprehensive Fire Map
TechnologylGIS book Customers response times as Map book was created with valuable
Books are used in the input and verified by the Fire
vehicles. 2) Increased department staff. The map
orientation time of new book needs constant updating.
employees Tools are available for the fire
PE $4,028 personnel to update as needed.
I am recommending that
maintenance of the Fire map
book should reside in the Fire
department to verify accuracy
and to provide timely updates.
Information Intranet(OnPoint Employees All External 8 1) Add manual process 1 Providing easy access to a
Technology/GIS Web) Customers to business units and centralize database provides
internal staff to retrieve better efficiency to internal staff
GIS data. 2) Delay and serving the public. As the new
PE longer process to deliver $29,852 web site and intra net site is
reports and services to launch with the Orion GIS web
the public. applications, this service will
become invaluable as a one
stop service.
Information Internet(OnPoint All External Employees 6 1) Outdated data publish 1 Technology has created a 7/24
TechnologylGIS Web) Customers on the city's web site. 2) online digital experience. The
Public would spend more public expects and demands
time at City Hall more interaction with the
I PE requesting GIS data. $8,139 governmnet with timely and
accurate means of conducting
lu_u government services.
L~__.____. ~ -~~
Pag' 3'~'
12009 PROGRAM EVALUA TIONS
I==r=]PROGRAM ENHANCEMENTS (PE)
Customers Revie
Rank If not delivered Total Annual w..
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
Information Gov Q&A All External Employees 6 1) Slower response to 1 Digital correspondence with e-
Technology/GIS Customers Citizen's mail is becoming the preferred
complaints/inquiries. 2) choice of communication. This
Internal staff resorting to venue provides an alternative
manual process to for the public to request service
capture residents and post complaints while
complaints and reporting. addressing the increased
demand on governmnet to
PE $7,132 reduce spending. The GIS map
layer section of this application
has an extremely robust
reporting tool to geographically
represent the sections of the
city that has reported issues
and/or concerns.
Information Pictometry Employees All External 6 Pictometry has reduced 1 Pictometry links directly to
Technology/GIS Customers internal staff inquiry to county and city records. Public
locate aerial files within safety operations such as Code
the city. Severely Compliance relies on previous
impact damage and current aerial to compare
PE assessment of city, $8,767 violations. New aerials are
resident and commercial provided yearly. This is an
properties. Failure to extremely valuable resources to
report accurate data to city planners.
FEMA after a disaster.
Page 19 of 39
Department
Information
Technology/GIS
12009 PROGRAM EVALUA TIONS
Program/Project
Mobil GIS
Information GPS GIS
Technology/GIS
Information Utilities GIS
Technology/GIS
Direct
Employees
Employees
Employees
Customers
Indirect
All External
Customers
All External
Customers
All External
Customers
I
I
!
i
_ J. .__.
~PROGRAM ENHANCEMENTS (PE)
PE
PE
PE
PE
, I
j l
_ ________-L_.-L
Rank
0-10
6
If not delivered
list 2-3 consequences
1) Lack of automation will
increase manual process
and staff time to provide
service. 2) Take away
the ability to have robust
data in the field to
conduct business with
accurate and timely
updates. 3) Unable to
meet the demand to
enhance customer
service.
6
Unable to locate field
data such as hydrant
locations, street signs,
forestry and underground
infrastructure.
6
Unable to use GIS to
enhance CAD resources
to store Utilities data in
an user friendly and
easier tool for display
Field workers unable to
take GIS layers to
conduct vital utility
services including repairs
and preventative
maintenance.
------.---...--..--1.-...
P age 3~~
Total Annual
Cost $
$21,014
$3,069
$7,533
Revie
w
Code
1,6
Review Comment
Office space is becoming a
premium. Mobile GIS gives
staff the tool to conduct
business remotely. Business
units such as Code
Compliance, Inspectors, Fire,
Police, Utilities and Public
Works can benefit with updated
data in the field. Currently, only
the building inspectors are
using the tools in a limited
fashion. Wireless and mobile
applications are becoming an
essential option to offset office
space. Staff can utilize pen
tablets, POA's and cell phones
to connect to the city's
network. Mobile GIS would also
help with business continuity,
storm damage assessment,
and disaster recovery effort.
GPS hand held devices are
instrumental in the field to
capture any points in the city
that can be geocoded in the
GIS layers. Without GIS GPS,
the city would have to retain
expensive consultants to collect
field data.
Many of the initial CAD data
has been migrated to GIS. This
format has allow easier sharing
of files to both internal staff and
vendors. GIS is essential in the
continued operations of Utility
services.
/2009 PROGRAM EVALUA T10NS
CDPROGRAM ENHANCEMENTS (PE)
Customers Revie
Rank If not delivered Total Annual w
Department ProgramlProject Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
Information City Wide GIS Employees All External 6 Pay higher rate for 1,3 The city's GIS has won several
Technology/GIS Training Customers consultants to train city major awards and is recognized
staff. Unable to use the as one of the major GIS
GIS tools. Unable to take deployment in the state. In
full advantage of desktop addition, GIS staff members
and server applications- are sought by GIS
improving business organizations to conduct white
processes and efficiency paper presentation at
conferences. Training internal
staff to leverage the huge
investment and utilize the
PE $19,409 applications is essential to
serving the public. The city
should seek interlocal
agreement with other local
municipalities that does not
have GIS by making accessible
the county's data. The City of
Boynton Beach can
accommodate this service by
becoming an application
service provider for the smaller
municipalities and towns.
Information County Data Employees All External 8 No access to updated 1 Sharing resources with the
Technology/GIS Share Customers GIS data. county is essential to keeping
Increase cost for another the GIS cost down for getting
type of database. Pay new data. As information is
PE higher cost to get data $10,281 updated and projects are
from consulting services. completed, the city and the
county either share in the
expense or wait on the county
to provide full data at a later
date.
Information CENSUS/LUCA Employees All External 6 Failure to comply with 1 Necessary requirement to keep
Technology/GIS Requirements Customers state request to provide census data up to date for the
city census data. Unable city and report to the various
to provide accurate state. Federal and local
PE growth of the city's $4,255 agencies.
population. Inability to
predict trends and future
growth.
Page 21 of 39
12009 PROGRAM EVALUATIONS
CI:]PROGRAM ENHANCEMENTS (PE)
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
Information CRA DATA All External Employees 6 Failure to provide timely 1 CRA and other related city
Technology/GIS REQUEST Customers request can result in development projects requires
PE delay of projects not $16,655 essential GIS data.
meeting sunshine law
regulations
Information CITIZENS DATA All External Employees 6 Failure to comply to 1 Proper planning and support to
Technology/GIS REQUEST Customers sunshine law and other implementing GIS projects and
timely public request. integration to existing
applications is vital to avoid
PE $7,059 corruption and downtime of the
GIS database engines. Projects
and supports for the various
organizations and the public
must be handled with due
diliaence.
Information Project All External Employees 6 Delay in project Project coordination is
Technology/GIS Coordination & Customers PE implementation; $9,563 beneficial to the City, its
Administration Customer expectations customers, and overall
not met. oraanization
Information ADMINISTRATlO Employees All External 8 Unable to order printing 1 Keep accurate supply of office
Technology/GIS N Customers supplies, office supplies, supply, vendor contracts, and
etc. Use Contractual access to professional
services if expertise is organizations in GIS.
not available in house,
PE cell and telephone $31,803
usage, memberships to
professional
organizations, and
business meetings to
attend conferences.
---...., Keep GIS investment up 1 Leverage current technology
Information Capital Employees All External 6
Technology/GIS Customers I to date and apply new while taking advantage of
I PE technology as needed $23,000 newer technology. Increase
I throughout the enterprise staff effectiveness .J
! I __L__ __ . I
L____ L--____. ~.,_......,"---_.- ___-1--___., L-_
flag!
-12009 PROGRAM EVALUATIONS 0=] PROGRAM ENHANCEMENTS (PE)
Customers Revie
Rank Ifnot delivered Total Annual w
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
Information Server Support Employees Citizens 8 * Remove a major The Internet is the fastest
T echnology/CA TS- resource to research and growing technology ever sine
Utilities share knowledge with its existence in the late 70's.
others According to Mathew Gray of
* Potential increase in the Massachusetts Institute of
long distance phone bills Technology, the number of
. Inability to share files people using the internet has
with other agencies tripled from 3.2 million in 1994
to 9.5 million in 1996. Since
1996, the numbers continues to
PE $127,369 triple almost every three
months.
The city can also improve its
work processes and save $ by
integrating many of its legacy
systems to web based
applications. This project
should coincide with the HTE-
AS/400 project listed as part of
this program evaluation.
Information Help Desk Employees Citizens 7 . Decrease in quality of Help Desk provides a wide
Technology/CATS- Support customer service. gamut of essential support
Utilities (Repairs) * Decreased employee services that result in increased
PE (customer) productivity. $16,281 employee productivity while
* Increased downtime ensuring that PCs and
during system failures peripherals remain operable
and bu s.
Information Help Desk Employees Citizens 7 * Decrease in quality of Help Desk provides a wide
Technology/CATS- Support customer service. gamut of essential support
Utilities (Training) . Decreased employee services that result in increased
PE (customer) productivity. $15,525 employee productivity while
* Increased downtime ensuring that PCs and
during system failures peripherals remain operable
and bu s.
Library/Admin. Staff Development Employees City and the 7 1. Staff would not receive This program enables staff to
citizens Library specific training. 2_ attend Library related events,
Customer Service would not workshops, training & conferences.
PE improve. 3. Staff would not $11,983 Staff have the opportunity to
stay current with library network with vendors and staff from
trends. other libraries.
Page 23 of 39
12009 PROGRAM EVALUA T10NS
Customers
Department
LibrarylPublic Svcs.
Indirect
Citizens,
employees,
business and
schools
Program/Project Direct
library Technology Citizens,
employees,
businesses, and
schools
libraryfTechnical Svcs. Acquisitions
Materials
Employees and
vendors
Citizens and the
City
l==cJPROGRAM ENHANCEMENTS {PEJ
PE
Rank
0-10
8
If not delivered
list 2-3 consequences
1. Would not be able to
ensure that all computers
and peripherals remain in
working order 2. The
public would not be assisted
with computer-related
inquiries or assistance. 3.
Citizens would not have
access to e~Government
websites to apply for food
stamps, public assistance,
etc.
Total Annual
Cost $
Revie
w
Code
1
Review Comment
Library Technology Division is
responsible for direct customer
assistance with computer-related
inquiries. Directly responsible for
ensuring all computers, printers and
related peripherals remain in
working order to maximize public
use. Responsible for all technology
related equipment throughout the
library and Schoolhouse Children's
Museum.
PE
$236,184
Acquisitions is the principal
ordering, receiving and verifying
program for all library materials.
This program provides an accurate,
and timely status verification of all
library materials orders. In addition.
acquisitions is the only
communications interface between
library & various materials vendors
8
1. No library materials for
public use.
2. Lack of materials
available to the public
results in substandard or
totally inadequate service
program
$65,666
Police Training Police Officers Citizens 10 Decertification of officers_ 6
Department/Admin Loss of agency
PE accred itation. Expose $0
city to civil liability .
Violation of state statute.
Police Department RecruitmentlBac Police Citizens 10 Inadequate manpower. 6
kground Department Loss of agency
Investigations PE accreditation. Low $0
quality officer candidates.
Violation of state statute
l.--_."~___, _ -"-~"- Loss of agency
IPolice Department Professional Police Citizens 3
i Standards - Staff Department accreditation. Reduced
I
, Inspections/Accr PE compliance with $0
l___~~ editation directives and orders
Management I Expose city to civil
_..._.L _._--~--~-~~.- .-." ,liability ..______L_____~. _ _ ___ __~ ___--L--- - ___.._.________.____ __ ___ ._1
PE
Pag.
-12009 PROGRAM EVALUA T10NS [IJPROGRAM ENHANCEMENTS (PE)
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
Public Works Map and Exhibit City Staff Residents and 6 Other departments would 1 Much staff time is spent
Engineering Prepare Businesses be required to contract preparing exhibits for others.
PE for these services or $52.249 Often times, these exhibits are
eliminate altogether. essential to visually express
information.
Public Building Main!. / Citizens & Unsanitary facilities Continue to outsource through
Works/Facilities Custodial Employees Visitors PE 8 would result $503,092 5 future in-staff attrition.
Public Building Maint. / Facilities would become None.
Works/Facilities Carpentry Citizens & unsafe and unsightly;
Employees Visitors PE 8 would lead to more $386,787 1,6
frequent replacements.
Public Building Main!. / Facilities would become None.
Works/Facilities Elec. & Lighting Employees Citizens & PE 8 unsafe; must maintain $303,134 1,6
Visitors life/safety codes and
needs.
-_.._~"
Public Building Main!. / Facilities would tend to None.
Works/Facilities Plumbing have more frequent
Citizens & plumbing failures, such
Employees Visitors PE 8 as, sewer back-ups and $120,069 1,6
leaks which would lead to
other damages to walls.
f100rin ,etc.
Public Building Main!. / Facilities with None
Works/Facilities HVAC unmaintained air
I conditioning would make
for uncomfortable
Employees Citizens & PE 8 working environments $255,820 1,6
Visitors and activity areas, would
cause sensitive
electronics to fail, and
would introduce IAQ
roblems.
Public Adopt a Tree Public Less trees will be None
Works/Forestry & Program planted. Public
Grounds PE satisfaction with current $2,350
program will deteriorate
__..~~._o.. ,~_~, ._ Residents All citizens 1 Increase other disposal 1,5 Some U.S cities eliminating
Public Residential
Works/Solid Waste Recycling costs curbside recycling to cut costs
PE Landfills at capacity $789.527
sooner More
!environmental negatives I
_1__---- _..L~ __. .__L~.,___.~~ _~._J
Pag. 1.0
12009 PROGRAM EVALUA TIONS I==cJPROGRAM ENHANCEMENTS (PE)
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect PE 0010 list 2-3 consequences Cost $ Code Review Comment
Public Commercial Businesses Business 1 Increase other disposal 1,5 Could be a candidate for cuts
Works/Solid Waste Recycling patrons costs but would not be popular with
PE Landfills at capacity $180,070 those businesses that recycle.
sooner More They save money by recycling.
environmental negatives Self-sustaining
Public Code Residents Visitors 0 More illegal dumping. This program encourages clean
Works/Solid Waste Compliance PE 3 More illegal services by $140,407 neighborhoods.
others
Street Sweeping Residents Visitors 6 Plugged storm sewers 1,5 Street sweeping keeps our
PE Street appearance $93,746 storm sewers clean and the
diminshed streets visuall a ealin
Utility Cut Utility Staff Residents 6 Utility pavement 1,5 Utiliites could peform their own
Restoration PE excavations would $76,675 pavement restoration. Possible
remain unpaved. minor cost reduction.
Recreation & Public Citizens, Staff 9 Limit communication with Customer support and
Parks/Admin. Relations/Custo Other Depts. PE community. Lose $29,590 communication is a critical
communit su ort. function of the de artment.
Recreation & Board Liaisons Citizens, Board Staff 4 Lose strong advocate for
Parks/Admin. Members Youth and Parks & Rec.
PE Lose opportunity for $11,069
citizen involvement and
artici ation.
Recreation & CIP Management Citizens, Staff 8 Capital projects would Managing capital projects is
Parks/Admin. Vendors PE not be managed. $34,095 vital to a progressive city.
Strategic planning would
not take lace.
Recreation & Administrative Staff, Citizens 8 Essential functions could
Parks/Admin. Support PE not be maintained. $18,954
Recreation & Marketing Citizens, Vendors, Staff 7 Would not be able to sell Selling the services of the
Parks/Admin. Media, our programs and department and the City and
Program services. understanding their importance
Participants PE $43,040 is vital in keeping our citizens
informed about our quality of
life and services to the
communit .
Recreation & Interll ntra Staff Program 6 Would hinder the 6 Greatly enhance the
Parks/Admin. Departmental Participants, planning process for Department's ability to
Teams, Vendors, PE major projects and $79,857 communicate with contractors,
Committees, Citizens events. event committees, other staff
Meetings city-wide.
Page 27 of 39
12009 PROGRAM EVALUA T10NS
rr=JPROGRAM ENHANCEMENTS (PE)
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
Recreation & Strategic Citizens Staff 9 Could not maintain 1 Strategic planning has allowed
Parks/Admin. Planning/Res ear PE national accreditation, $64,903 the department to become
ch grow and improve. nationally accredited.
Recreation & Professional Staff Citizens 6 Staff would not be able to 2
Parks/Admin. DevelopmenUT ra stay abreast of current
ining PE trends, maintain $12,108
certifications or improve
skills and knowledge.
Recreation & Interllntra Staff Program 6 Would hinder the 1 Greatly enhance the
Parks/Arts Center Departmental Participants, planning process for Department's ability to
Teams, Vendors, PE major projects and $11,055 communicate with contractors,
Committees, Citizens events. event committees, other staff
Meetings city-wide.
Recreation & Professional Staff Citizens 6 Staff would not be able to 2
Parks/Arts Center DevelopmentlTra stay abreast of current
I ining PE trends, maintain $3,285
certifications or improve
skills and knowledge.
Recreation & Marketing Citizens, Vendors. Staff 7 Would not be able to sell 1 Selling the services of the
Parks/Arts Center Media, our programs and department and the City and
Program services. understanding their importance
Participants PE $20,558 is vital in keeping our citizens
informed about our quality of
life and services to the
community.
Recreation & Public Citizens, Staff 9 Limit communication with 1 Customer support and
Parks/Arts Center Relations/Custo Other Depts PE community. Lose $70,333 communication is a critical
~ft. ~ft~'ifte - communitv SUDoort. function of the department
Recreation & Strategic Citizens Staff 9 Could not maintain 1 Strategic planning has allowed
Parks/Arts Center Planning/Resear PE national accreditation; $8,549 the department to become
I ch grow and improve nationally accredited.
I
I
r'Recreation & Facility Rentals Citizens Staff 4 Loss of facility space 3 Revenue is generated for the
Parks/Arts Center PE available to the public for $2,601 City's General Fund from
leisure activities or rentals_
community meetinQs.
Recreation & Facility Rentals Citizens Staff 4 Loss of facility space 3 Revenue is generated for the
Parks/Boatclub PE available to the public for $3,242 City's General Fund from
Park leisure activities or rentals
- ---- ----- "----,.-.-"-. . I ----_.._~ community meetinQS
._--~-_.~ ~ - ~----_._.-._._-<~..._--_.-
flag' - j.)
12009 PROGRAM EVALUATIONS
I=r=JPROGRAM ENHANCEMENTS (PE)
Customers Revle
Rank If not delivered Total Annual .W
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
Recreation & Coast Guard Coast Guard 4 Coast Guard would lose 7
Parks/Boatclub Auxiliary volunteers, PE space from which to $3,407
Park Boaters provide boating safety.
Recreation & Public Relations Public, City & Staff, Diminished information City Hall in the Mall serves as
Parks/ICPCH / Customer County Instructors conduit for City, County, an information conduit for City,
Service Agencies PE State and Federal $43,122 County and State services as
agencies. Loss of well as information on
convenience for Passports.
customers.
Recreation & Marketing Citizens, Vendors, Staff 7 Would not be able to sell 1 Selling the services of the
Parks/Civic Center Media, our programs and department and the City and
Program services. understanding their importance
Participants PE $20,558 is vital in keeping our citizens
informed about our quality of
life and services to the
community.
Recreation & Special Events Staff, 8 Facility set-ups could not 1 Special Events crew provides
Parks/Civic Center Crew Participants be provided; activities not valuable services to all sections
PE provided by Public Works $47,090 within the Recreation & Parks
would not be completed. Department.
Recreation & Special Events Other Citizens 4 Other departments and 2 Crew provides services for the
Parks/Civic Center Set up (for other Departments, partners would be City Manager's Office, Golf
Departments and CRA PE responsible for event and $53,333 Course, Library, Museum and
Organizations) facility set-ups and any others for various special
other discretionary forms projects.
of assistance.
Recreation & Inter/Intra Staff Program 6 Would hinder the 1 Greatly enhance the
Parks/Civic Center Departmental Participants, planning process for Department's ability to
Teams, Vendors, PE major projects and $14,799 communicate with contractors,
Committees, Citizens events. event committees, other staff
Meetings city-wide.
Recreation & Facility Rentals Citizens Staff 4 Loss of facility space 3 Revenue is generated for the
Parks/Civic Center PE available to the public for $9,329 City's General Fund from
leisure activities or rentals.
community meetings.
Recreation & Professional Staff Citizens 6 Staff would not be able to 2
Parks/Civic Center DevelopmentlTra stay abreast of current
ining PE trends, maintain $6,648
certifications or improve
skills and knowledge.
Page 29 of 39
l2009 PROGRAM EVALUA T10NS
~PROGRAM ENHANCEMENTS (PE)
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
Recreation & Special Event Permit Other 1 Could be delivered by 4
Parks/Civic Center Permitting Seekers Departments PE another department. $12,260
-
Recreation & Marketing Citizens, Vendors, Staff 7 Would not be able to sell 1 Selling the services of the
Parks/Hester Media, our programs and department and the City and
Center Program services. understanding their importance
Participants PE $15,766 is vital in keeping our citizens
informed about our quality of
life and services to the
community.
Recreation & I nterll ntra Staff Program 6 Would hinder the 1 Greatly enhance the
Parks/Hester Departmental Participants, planning process for Department's ability to
Center Teams, Vendors, PE major projects and $1 :~,684 communicate with contractors,
Committees, Citizens events. event committees, other staff
Meetings city-wide.
Recreation & Professional Staff Citizens 6 Staff would not be able to 2
Parks/Hester DevelopmentlTra stay abreast of current
Center ining PE trends, maintain $3,572
certifications or improve
skills and knowledge.
Recreation & Facility/Field Citizens Staff 4 Loss of facility space 3 Revenue is generated for the
Parks/Hester Rentals PE available to the public for $13,591 City's General Fund from
Center leisure activities or rentals.
community meetinQs.
Recreation & Strategic Citizens Staff 9 Could not maintain 1 Strategic planning has allowed
Parks/Hester Planning/Resear PE national accreditation; $12,375 the department to become
Center ch grow and improve. nationally accredited_
~~~ Vendors, Staff Would not be able to sell
I Recreation & Marketing Citizens, 7
Parks/Sims Center Media, PE our programs and $13,662
I Program services.
Participants
I Recreation & Public Citizens, Staff 9 Limit communication with
I Parks/Sims Center Relations/Custo Other Depts PE community. Lose $36,922
i mer Service community support. ---_.- --
! Recreation & Interllntra Staff Program 6 Would hinder the
I Parks/Sims Center Departmental Participants planning process for
Teams, Vendors, PE major projects and $14,150
Committees, Citizens events.
I
1 __"__._"C.___ ~._-- I - -_.~--
pagr 39
-12009 PROGRAM EVALUATIONS
CCIPROGRAM ENHANCEMENTS (PE)
Customel'$ Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
Recreation & Professional Staff Citizens 6 Staff would not be able to
Parks/Sims Center DevelopmentlTra stay abreast of current
ining PE trends, maintain $4,573
certifications or improve
skills and knowledge.
Recreation & Facility/Field Citizens Staff 4 Loss of facility space
Parks/Sims Center Rentals PE available to the public for $11,173
leisure activities or
community meetinQs.
Recreation & Strategic Citizens Staff 9 Could not maintain
Parks/Sims Center Planning/Resear PE national accreditation; $8,299
r"h Qrow and imorove.
Recreation & Volunteers Participants, 7 Without volunteers, the 1 Cost savings to the City of
Parks/Senior Staff level of customer service $127,296 annually.
Center would decrease.
PE Decreased opportunity $22,940
for citizens to be involved
in assisting others.
Recreation & Professional Staff Citizens 6 Staff would not be able to 2
Parks/Senior DevelopmentlTra stay abreast of current
Center ining PE trends, maintain $4,005
certifications or improve
skills and knowledge.
Recreation & Public Citizens, Staff 9 Limit communication with 1 Customer support and
Parks/Senior Relations/Custo Other Depts. PE community. Lose $23,862 communication is a critical
C..nt..r m..r J::."rvi"e communitv support. function of the department.
Recreation & Facility Rentals Citizens Staff 4 Loss of facility space 3 Revenue is generated for the
Parks/Senior PE available to the public for $24,443 City's General Fund from
Center leisure activities or re nta Is.
communitv meetinas.
Recreation & Interllntra Staff Program 6 Would hinder the 1 Greatly enhance the
Parks/Senior Departmental Participants, planning process for Department's ability to
Center Teams, Vendors, PE major projects and $11,434 communicate with contractors,
Committees, Citizens events. event committees, other staff
Meetings city-wide.
Recreation & Game scheduling Players 4 Lack of finding games 6
ParkslTennis PE will cause a fall in $9,104
CAntAr I permits.
Recreation & T ournaments/soc Players Spectators 5 Decreased opportunities 3
ParkslTennis ials PE for players to compete in $7,905
Center organized events.
Page 31 of 39
l2OO9 PROGRAM EVALUA T10NS
CTIPROGRAM ENHANCEMENTS (PE)
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
Recreation & Marketing Citizens, Vendors, Staff 7 Would not be able to sell 1 Selling the services of the
ParkslTennis Media, our programs and department and the City and
Center Program services. understanding their importance
Participants PE $10,165 is vital in keeping our citizens
informed about our quality of
life and services to the
communitv.
Recreation & Professional Staff Citizens 6 Staff would not be able to 2
ParkslTennis DevelopmentlTra stay abreast of current
Center ining PE trends, maintain $3,533
certifications or improve
skills and knowledge.
Recreation & Public Citizens, Staff 9 Limit communication with 1 Customer support and
ParkslTennis Relations/Custo Other Depts PE community. Lose $52,431 communication is a critical
C~nt~r m~r S~rvi"~ communitv support. function of the department.
Staff Program Would hinder the .._-
Recreation & Inter/Intra 6 1 Greatly enhance the
ParkslTennis Departmental Participants planning process for Department's ability to
Center Teams, Vendors, PE major projects and $1,691 communicate with contractors,
Committees, Citizens events. event committees, other staff
Meetings city-wide.
-- ._-_._~- ------
Recreation & Strategic Citizens Staff 9 Could not maintain 1 Strategic planning has allowed
ParkslTennis Planning/Resear PE national accreditation: $4,257 the department to become
Center ch grow and improve. nationally accredited.
--_.--- _._~--- City's environment of
Parks Parks Residents. Employees 2 1
Maintenance Public parks and open spaces
I becomes unsightly and
I PE parks are not maintained_ $1,169,903
Unsafe conditions would
be created. Parks would
i I have to be closed.
~--
Parks Staff Citizens 6 Staff would not be able to 2
! Professional stay abreast of current
I Development PE trends, maintain $24,751
I certifications or improve
I skills and knowledge
I
I Parks Beach Residents, Public 6 Swimming conditions 1 Does not include annual
Operations Visitors would not be reported to revenue from beach/boat
I the public Hazardous decals and daily parking fees
I PE conditions could increase $468,710 I for both parks of approximately
!
I 1 j the risk of injury or I I $394,000
I J____J I
--- --- ~. -- L drownina.
"-~,-
Pag i~.'
Page 33 of 39
12009 PROGRAM EVALUA TIONS
o=!PROGRAM ENHANCEMENTS (PE)
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
Utilities Admin. Main Answering Ratepayers, Ratepayers, 10 Emergencies will not be 6 Process must be accomplished
Point/Emergenci citizens & citizens & known immediately to respond to customer and
est Radio Employees Employees (wm/sewer/ stormwater employee emergencies
Contact/Surveysl PE breaks) customers not $73,354
Walk-in greeted
Customers
Utilities Admin. Mail Distribution Ratepayers, Employees 8 Communication will be 6 The large size of Utilities
including engineers, Other Dept.'s lost between Dept. & mandates that this process be
delivery, developers, customers & other centralized due to the large
distribution, citizens PE Dept's. $5:1,370 amount of correspondence
collection, copy daily
processing
Utilities Admin. Filing/Scanningl Dept., Customers 8 Unable to retain 6 The State of Florida mandates
Records developers, documentation for that records must be kept for a
Management - contractors PE reference & retainage $9:1,492 certain amount of time.
Development
I:aft~ ^~,_hllilh. -~-~--~...-.- ~~.... ---
I Utilities Admin. Miscellaneous Customers Employees 8 No communication 2 Correspondence is essential to
Clerical/Memos/L Customers PE between $165,010 other departments/
etters Other Dept's. Dept's.lCustomersl customers/employees
. . Employees
Utilities Admin. Procurement Employees Employees 6 Unable to supply 6 Time consuming process that
Customers Customers employees/ customers must be accomplished.
PE with equipment & $99,193
supplies to complete
taSks/projects
Utilities Admin. Budget/Finance Employeeslrat tax payers 8 Stewardship challenged, 2 Time consuming process that
epayers, staff uncontrolled must be accomplished.
expenditures, other
I PE departments required to $184,135
do checks and balances
!Utilities Admin. Employee Employees, Customers 8 Employee value 6 Time consuming but worth the
I Relations other declines, investment
i departments, I communications fail,
,
I Human PE moral slips, quality $195,862
Resources employees leave, proper
I motivation, and
I _L I reinforcement
! -~- _ C" _____~__ -.-----
Pagr 3Q
12009 PROGRAM EVALUA TIONS
C]=:JPROGRAM ENHANCEMENTS (PE)
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
Utilities Admin. Management/Lea Department, Customers 8 Long term and short term 6 Time consuming process that
dership for citizens, planning fail to take must be accomplished.
Department ratepayers advantage of trends and
Activities PE can reduce department $85,410
to a knee jerk operation
in maintenance mode
Utilities Admin. Strategic Department, Customers Need to know what is 9
Planning and citizens, being planned for the
operational focus ratepayers PE future to guarantee $166,520
utilities supply for the
customers
Utilities Admin. Imaging (handled Department, Customers 2
in Building Dept., citizens,
Utilities funds 2 ratepayers PE $100,156
positions
Utilities Admin. Support Services Department, Customers Operations will
to include citizens, deteriorate
inspection ratepayers
scheduling,
location PE $72,721
coordination,
project
management
support
Utilities Admin. ITS (more Department, Customers 2
definition of citizens,
programs in ITS, ratepayers
SCADA, plant
operations, PE $281,500
security,
business support
Utilities/Meter Radio-Read Meter Reading/ Customer 9 Lost Revenue; 2 Maintaining the radio-read
Svcs. System Billing PE Inaccuracy of meter $0 system is essential to reading
Maintenance readings; less reading water meters.
efficiency
Utilities/Meter Reconnects after Customers Customer 8 Broken Valves, illegal 2 Normally done the same day as
Svcs. SONP Relations PE consumption, Customer $0 the shut off for delinquent
Complaints accounts.
Page 35 of 39
I----~ PROGRAM EVALUATIONS
CD PROGRAM ENHANCEMENTS (PE)
-
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
Utilities/Meter Meter Finance Customer 9 Lost Revenue due to 3 Yearly meter testing program,
Svcs. Maintenance/ PE inaccurate water meters, $50,638 fix water meters by replacing
Zero unaccounted for water chambers, meters, and
reaisters
Utilities/Meter After Hours Customers Customer 8 Higher Customer 6 Many customers make
Svcs. TlOn's Relations Complaints they would payments on-line, they
PE need to wait until the $81,861 currently pay $55 for this
following business day to service, also new customers
have water turned back moving in use this service
on.
Utilities/Meter Administrative Department, staff 8 Paperwork necessary for 6 Paperwork necessary
Svcs. Activities division, other division to function
including fleet, departments PE $75,257
procurement,
f------
Utilities/Engineerin Inspections for Contractors Customers 10 Delays in construction - 2 This program is essential to
g New and Designers PE 8 Increased outages and $293,183 new development
IOl'!vI'!lonments reoairs
I ~tUit;',"E"9;"OOri" New Contractors Customers Delays in construction - --
10 6 This program is essential to
Developments - and Designers 8 Increased outages and new development
Project PE repairs $104,466
Administration &
DI~n Do,,;o..,
--
Utilities/Engineerin Manage Utility Department Customers, 8 Infrrastructure 6 This program is needed to
g Projects Divisions residences, PE deteriorates, falls short of $293,774 maintain control of Utility
neighbor- meeting customer projects
hoods demand
Customers Need good maps of -
Utilities/Engineerin Map and Plot Department 8 2 Program needed to provide
g Utilities System Divisions, infrastructure for better information on assets,
Infrastructure, other maintenance, growth, and infrastructure of utility
build information departments, PE renewal and replacement $81;,770 system
I system engineering activities
I (attributes) into firms,
maps regulatory
I Utilitles/E~gineerin aqencies --.-- --- .
Facilities Department 8 Facilities deteriorate. 6 New program, efficiencies have
Ig Management, I contracts are not in been made with consolidating
Utilities service I place, will be at the facility contracts with one focus
I contracts, mercy of the market area. Management by one has
emergency PE place for any needs and $115,229 proven very efficient
I repairs services, by-passing procedures to
I handle emergencies
I emergency
preparedness i i
: i
-.L............__~____ .--,-- -j
f'ag t _N
12009 PROGRAM EVALUATIONS
CC!PROGRAM ENHANCEMENTS (PE)
Customers Revie
Rank If not delivered Total Annual w
Department ProgramlProject Direct Indirect PE 0-10 list 2.3 consequences Cost $ Code Review Comment
Utilities/Engineerin Admnistrative Department 8 2
g items - fleet PE $65,078
replacement
,.,n..t..
Utilities/Customer Information and Citizens, City Hall 10 Less secure City Hall 6 Controlled access, increased
Relations Visitor Sign-in Vendors, non Employees PE and loss of initial point of $101,962 visitor & telephoe activity,
City Hall contact for citizens. requiring an additional
Emolovees employee full time.
Utilities/Customer Customer Care Utility Finance, Meter 10 Increased inquiries to 6 Customer contact is an avenue
Relations Customers, Reading and Utiltiy Mgmt, City for providing utility and account
Developers, Services, and PE Manager ofc, City $322,752 information. An essential part of
Citizens other city Commission & others the city & department
depts. due to decreased quality operations.
of service.
Utilities/Customer Administrative Department Other 8 Paperwork is a necessity 6
Relations Activities Departments
including PE $84,632
personnel and
Water Quality Customer Customers Regulatory 8 Distribution system 6
Service Agencies PE problems may not be $84,842
discovered in a timely
manner
Water Quality Administrative Department, staff 8 Paperwork is necessary 6 Paperwork, documentation is
Activities that other for the operation necessary for reporting and
include departments PE $37,232 operation
procurement,
fleet, personnel
;""""',,
Water Distribution Flush Lines Consumers Fire Dept. 10 Loss of Disinfection - 6 Maintain water quality and
Health Dept. PE Deterioration of Water $25,555 system integrity
Lab Services Qualitv
Water Distribution Administrative Department 8 Paperwork necessary to 6
Activities that the business
include
procurement, PE $120,561
payroll, fleet,
personnel issues
Water Distribution Mapping Department Customers 8 for system reliability, 6
Systems PE service to customers, $71,856
disaster recoverv
Page 37 of 39
12009 PROGRAM EVALUA T10NS ~PROGRAM ENHANCEMENTS (PE)
Customers Revie
Rank If not delivered Total Annual w
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
Public Water Water Process Water Plants, Customers, 8 6 Provide data to work toward
Treatment and Department regulatory greater efficiencies in the
Telemetry/SCAD agencies PE $397,277 operations
A management
Public Water Beach Parks Dept 10 Permit Violation, Fines, 6
Treatment Wastewater PE Wastewater Spillage, $247,554
Close Beach
Golf Course Golf Car City, Professional 9 Golf car breakdowns, Golf car preventative
Maintenance employees, Golf Car liable for lawsuits, loss of maintenance creates records
golfers PE revenue $28,201 for legal issues, saves money
in the long run, and helps avoid
poor customer service.
Golf Course Golf Car Golfers, City, Club Car 9 Loss of revenue, 2005/2006 revenue was
Operation Employees customer limitations, $684,860. Many golfers
PE safety hazard $178,543 cannoUwould not play if they
couldn't ride.
Customer Service
Golf Course Computer Golfers, Suppliers 3 Loss of revenue, Loss of Provides approximately $2,500
Handicap service employees, industry recognition annual revenue and an
tournament PE (USGA,FSGA), $6,300 opportunity for golfers to
coordinators elimination of tournament establish a handicap which is
opportunities an industry standard
IGOlf Course Administrative Golfers. 9 All administrative tasks, 6 All paperwork and support
Support employees. i.e. payables, cash functions are handled in a
other City PE accounting, etc. would be $254,582 timely and efficient manner
departments, less efficient if handled
Purveyors by another dept.
Golf Course Marketing and Golfers, City Image, 8 Loss of current customer 6 Customers are loyal to
Public Relations community, Quality of Life base and limited growth businesses that treat them well
hotels, PE of new customers $79,120 and respond to their concerns.
i advertising
I
IGOlf Couffi~-" a encies
Custodial Customers & Citizens, 10 (1) Unsanitary 6 We have outsourced this
I Services Employees Vendors and conditions. (2) Deferred activity
Suppliers PE maintenance of facilities. $33,000
! (3) Increased liability.
I ~, .L____ ____._ ._~...._
...-- ------.-.------.-----.---. -----~ -----.-----.------..--
/Jag -{'nO
12009 PROGRAM EVALUATIONS
CCIPROGRAM ENHANCEMENTS (PE)
Customers Revie
Rank If not delivered Total Annual w'
Department Program/Project Direct Indirect PE 0-10 list 2-3 consequences Cost $ Code Review Comment
Golf Course Landscaping and Customers Citizens, 10 (1) Unsafe conditions 2 Landscaping and grounds
General Vendors and and deferred maintenance is important to the
Maintenance Suppliers maintenance of grounds overall experience at the
PE and facilities. (2) $126,820 course. It sets the mindset of
Reduced activity due to the customer,
poor curb appeal.
Golf Course Administration Customers Citizens, 10 (1) Lack of leadership 6 This includes contributing
Employees Vendors and and lost business leadership and direction on a
Regulatory Suppliers opportunities, (2) department level. This also
Agencies Violations of state/federal includes safety training,
PE regulations. (3) Potential $145,675 continuous inspection of the
hazards & increased property and completing the
liability (4) Inefficient use necessary regulatory
of resources. requirements,
Grand Total
$14,480,485
Page 39 of 39
-,
,
n_ftA 1 nf 3
"
'\
0 G
2 2009 PROGRAM EVALUA TIONS SOCIAL SERVICE (SS)
3
4 Customers Total Revie
Rank If not delivered Annual w
r; Department Program/Project Direct Indirect SS 0-10 list 2-3 consequences Cost $ Code Review Comment
Information Media Presentation on Citizens; City 55 6 .Departments would have to 1 City Departments and
TechnologylTier 1 Support Services Developers; Employees; provide their own technical personnel often request support
CRA; City support for meetings and for media presentations which
Interest Administration; workshops involve coordination between
Groups; City *Decrease in quality of the chosen facility and
Commission presentations at such meetings equipment such as laptops,
*Possible increase in cost due projectors, microphones, and
to need for outsourcing these other systems. With the
services $1,380 addition of our PEG channel
and a new AudioNideo Support
Specialist, Tier 1 has lessened
in its role and involvement in
these areas. Tier 1 does
provide an immediate backup
role when situations arise
however.
16
Information Deepfreeze Program Employees Citizens 55 2 * Decreased quality of service for 6 This is a disk protection program,
TechnologylTier 1 Support Employees and customers to preserve the exact original
. Decreased Training for standard system configurations;
Employees with Computers and improving the quality of service
software $2,760 provided towards training
Employees. Provides fast measure
of restoring new fresh media to
user in case of Disk Failure.
17
Information Cog nos (impromptu) Employees Citizens 2 * Increase time needed for 6 Impromptu report and query
TechnologylTier 1 Support researching data language program used to enable
. Decreased accurate reports and employees to extract HTE data
query's analyze it and assemble reports,
$2,760 thus decreasing the processed time
of obtaining needed data for
reports. Increase employee
awareness for process data
18
Information RecTrac Program Employees Citizens 6 * Decrease efficiency and 4 Software developed for handling
TechnologylTier 1 Support productivity the needs of parks and recreation
* Hinder management with in their day to day operations.
extensive reporting and statistical Rental Scheduling, Program
data Registration. Need to invest in Web
. Impacts Customers $2,760 Based version of this Program to
enhance Customer service and
support
Pag
3
-"
- --..... SOCIAL SERVICE (SS)
4 Customers Total Revie
Rank If not delivered Annual w
5 Department Program/Project Direct Indirect 55 0-10 list 2-3 consequences Cost $ Code Review Comment
Public Works Special Events Citizens & All support by Facilities' staff
Support CRA Visitors SS 2 $10,052 5 could be contracted out to the
related trade.
Limit ability for seniors to
particpate in healthy nutritional $8,047
program.
23
Recreation & Breakfast program Participants SS 7 Eliminate opportunities for 3
Parks/Senior Center social interaction. $15,395
24
Parks Special Event Support Residents, Businesses, SS 8 A lack of communication, would
Employees Public have to be contracted out, and $55,702
would reduce employee
artici ation.
31
32
Grand Total
$311,894
Pate 3 oU
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
XII. - LEGAL
DEVELOPMENT
ITEM A.l
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to Citv Clerk's
Office
0 A ri121, 2009
0 Ma 5,2009
0 Ma 19,2009
0 June 2, 2009
~ June 16, 2009
0 Jul 7,2009
0 Jul 21,2009
0
June 1, 2009 Noon
June 15,2009 (Noon
Jul
Jul
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Legal
0 Code Comoliance & Legal Settlements 0 Unfinished Business
0 Public Hearinl! 0
RECOMMENDATION: Please maintain this as a tabled request on the June 16, 2009 City Commission Agenda
under Legal, Ordinances - Second Reading. The City Commission on June 2nd tabled this request so that 2nd reading
coincides with the final review of the corresponding code amendment and to allow additional time for the applicant to work
toward resolutions to concerns raised by the adjacent property owner. The City Commission on January 20, 2009 approved
this item (including First Reading of the Ordinance) with the corresponding Rezoning and Land Use Amendment which was
transmitted to the Department of Community Affairs (DCA). The State's review is completed and the ordinances have been
prepared for adoption. For further details pertaining to this request, see attached Department Memorandum No. 08-104.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Sam's Club (ANEX 09-001)
Bonnie Miskel and Scott Backman
Walmart Stores #8140 I Northstar Cemetery Services of Florida, LLC
West of North Seacrest Boulevard, South of Hypoluxo Road, 7233 Seacrest
Boulevard and 3691 Seacrest Boulevard
Request to annex the properties.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
I
Development Departmen
~
CIty Manager's Signature
Assistant to City Manager. if-
ning Director City Attorney I Finance
JECTS\Sams Club PB Memorial\ANEX 09-00 I \Agenda Item Request Sam's Club ANEX 09-001 6-16-09.doc
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ORDINANCE NO. 09-,{-
AN ORDINANCE OF THE CITY OF BOYNTOl\
BEACH, FLORIDA, ANNEXING 15.78+/- ACRES
OF LAND THAT IS CONTIGUOlJS TO THE CITY
LIMITS WITHIN PALM BEACH COUNTY AND
THA T WILL, UPON ANNEXATION, CONSTITUTE
A REASONABLY COMPACT ADDITION TO THE
CITY BOUNDARIES; PROVIDING THAT THE
PROPER LAND USE DESIGNATION AND
PROPER ZONING OF THE PROPERTY SHALL BE
REFLECTED IN SEPARATE ORDINANCES TO BE
PASSED SIMllL T ANEOUSL Y HEREWITH:
PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTIVE DATE; PROVIDING THAT
THIS ORDINANCE SHALL BE FILED WITH THE
CLERK OF THE CIRCUIT COURT OF PALM
BEACH COUNTY, FLORIDA, UPON ADOPTION.
WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the
development of an Annexation Program: and
WHEREAS, Walmart Stores #8140, owner. by and through its agents, Bonnie
Miskel and Scott Backman, of the property more particularly described hereinafter. have
heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code pf
Ordinances, City of Boynton Beach. Florida, for the purpose of annexing a certain tract of
land consisting of approximately 15.78+/- acres; and
WHEREAS, the City of Boynton Beach hereby exercises its option to annex the
following tract of land as hereinafter described. in accordance \vith Article L Section 7 ('~ ~)
of the Charter of the City and Section 171.044. and 171. 062( 2). Florida Statutes: and
WHEREAS, said tract of land lying and being within Palm Beach County J<;
contiguous to the existing city limits of the City of Boynton Beach, and will. upon Its
annexation, constitute a reasonably compact addition to the City boundary
S:\CA\Ordinances\Planning\AnnexatlOnSJ\nnexatlOn - Sams l'lu!; dOL
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1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
3
Section 1.
That each and every Whereas clause is true and correct.
4
Section 2.
Pursuant to Article I, Section 7 (32) of the Charter of the City of
5 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described
6 unincorporated and contiguous tract of land situated and lying and being in the County of
7 Palm Beach, Florida, to wit:
8 See legal descriptions attached hereto as Exhibit "A"
9
10 Subject to easements, restrictions, reservations, covenants and
11 rights-of-way of record.
12
13 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be
14 and become part of the City with the same force and effect as though the same had been
15 originally incorporated in the territorial boundaries thereof.
16
Section3 :
That Section 6 and 6(a) of the Charter of the City of Boynton Beach,
1 7 Florida, is hereby amended to reflect the annexation of said tract of land more particularly
18 described in Section 2 of this Ordinance.
19
Section 4:
That by Ordinances adopted simultaneously herewith, the proper City
20 zoning designation and Land Use category is being determined as contemplated in Section
21 171.162(2), Florida Statutes.
22
Section 5.
All ordinances or parts of ordinances in conflict herewith are hereby
23 repealed.
24 Section 6: Should any section or provision of this Ordinance or any portion thereof
25 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
26 the remainder of this Ordinance.
S:\CA \Ordinances\PlanningAnnexationSAnnexation - Sams Club.doc
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1
Section 7:
This Ordinance shall not be passed until the same has he en ad\. '.T' ~('l1
2 for two (2) consecutive weeks in a newspaper of general circulation in the City of 1-)(\\1110r,
3 Beach, Florida, as required by the City Charter and Section 171_044, Florida Statutes.
4
Section 8.
This ordinance shall become effective immediately upon passage
5
Section 9.
This ordinance, after adoption, shall be filed with the Clerk of the
6 Circuit Court of Palm Beach County, Florida.
8
FIRST READING this ~_ day of JC.lnw:u~ 1 ' 2009.
SECOND, FINAL READING and PASSAGE this ___ day of_
.2009
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26 ATTEST:
27
28
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30 Janet M. Prainito, CMC
31 City Clerk
32
33
3 4 (Corporate Seal)
CITY OF BOYNTON BEACH. FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L Hay
Commissioner- Marlene Ross
S:ICA IOrdinanceslPlannin/tIAnnexationMnnexation - Sams Club doc
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LEGAL DESCRIPTION
OF
PARCEL 1
7233 SEACREST BOULEVARD
PARCEL CONTROL NUMBER 00-43-45-09-23-000-0010
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER (NWl/4) OF SECTION 9,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND KNOWN AS
BEING PARCEL NO.1 OF HY -CREST CENTER, AS RECORDED IN PLAT BOOK 64, PAGE 177-178
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING FURTHER
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS DISK FOUND AT THE INTERSECTION OF THE
CENTERLINES OF HYPOLUXO ROAD (WIDTH V ARIES) AND SEACREST BOULEVARD (80
FEET WIDE) AND BEING THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF
SECTION 9;
THENCE SOUTH 02029' 14" WEST ALONG THE CENTERLINE OF SEACREST
BOULEV ARD AND THE EASTERLY LINE OF THE NORTHWEST QUARTER OF SECTION 9,
696.58 FEET TO A POINT;
THENCE NORTH 87030'46" WEST, 40.00 FEET TO THE WESTERLY RIGHT-Of-WAY OF
SEA CREST BOULEVARD AND BEING THE PRINCIPAL PLACE OF BEGINNING Of THE
PREMISES HEREIN DESCRIBED;
THENCE SOUTH 02029'14" WEST ALONG THE WESTERLY RIGHT-OF-WAY Of
SEACREST BOULEVARD, 522.21 FEET TO A PERMANENT REFERENCE POINT (5/8" IRON PIN
CAPPED #3935 FOUND (0.07 FEET NORTH AND 0.19 FEET EAST) AT THE NORTHEASTERLY
CORNER OF LAND CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC (PARCEL
CONTROL NUMBER 00-43-45-09-05-001-0020 & 00-43-45-09-00-000-3630) BY DEED DATED
DECEMBER 28, 2004 AND RECORDED IN O.R. BOOK 17943, PAGE 691 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE NORTH 88055'16" WEST ALONG A NORTHERLY LINE OF LAND SO
CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 545.43 FEET TO A PERMANENT
REFERENCE POINT (5/8" IRON PIN CAPPED #3935) FOUND;
THENCE SOUTH 03027' 44" WEST ALONG A WESTERLY LINE LAND SO CONVEYED TO
KEATLEY INVESTMENTS-PALM BEACH, LLC, 160.14 FEET TO A P.K. NAIL & WASHER
FOUND IN ASPHALT PAVEMENT;
THENCE NORTH 88055' 16" WEST CONTINUING ALONG A NORTHERLY LINE OF LAND
SO CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 344.35 FEET TO A 5/8" IRON
PIN CAPPED #3935 FOUND AND DISTURBED ON THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (l-95);
THENCE NORTH 01001' 59" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95), A DISTANCE OF 180.00 FEET;
THENCE NORTH 36002' 54" EAST ALONG THE EASTERLY RIGHT-Of-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95),143.16 FEET TO A POINT;
THENCE NORTH 10038' 03" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTA TE HIGHWAY NUMBER 95 (l-95), 587.24 FEET;
F \(1'; ;/Z / T~ ;-1\ -11/
,___' ~ J
THENCE NORTH Or25' 24" EAST ALONG THE EASTERLY RIGHT'.'F-\I,'A Y I,'!
INTERSTATE HIGHWAY NUMBER 95 (1-95), ;.25 FEET TO ,.II, s8" IRCJ~ PIN ('\PPED ;;]93'
FOUND AND DISTURBED AT THE SOUTHWESTERLY CORNER OF LAND C01\;VEYED T()
KRISHNA REALTY, INC. (PARCEL CONTROL NUMBER 00-43-45-09-23-000-0022 i BY DEED
DATED FEBRUARY 12,2000 AND RECORDED IN O.R. BOOK 1 J607. PAGE 332 OF THE PCBU(
RECORDS OF PALM BEACH COUNTY. FLORIDA.
THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO
CONVEYED TO KRISHNA REALTY. INC.. 342.66 FEET TO A '2" IRON PIN FO'L'ND (006 FEET
NORTH AND 0.37 FEET WEST);
THENCE NORTH 02029' ]4" EAST ALONG THE EASTERLY LINE OF LAND SO
CONVEYED TO KRISHNA REALTY, INC" ] 52.37 FEET TO A POINT AT THE SOUTHWESTERL Y
CORNER OF LAND CONVEYED TO TACO BELL OF AMERICA, INC. (PARCEL CONTROL
NUMBER 00-43-45-09-23-000-0030) BY DEED DATED DECEMBER 28, 1999 AND RECORDED IN
O.R. BOOK 11529, PAGE 866 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA;
THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO
CONVEYED TO TACO BELL OF AMERICA, INC., 187.21 FEET TO A';;," lRON PIN FOUND (OL'
FEET SOUTH AND 0.33 FEET WEST):
THENCE NORTH 02029' ]4" EAST ALONG THE EASTERLY LINE OF LAND SO
CONVEYED TO TACO BELL OF AMERICA. INC" 30l.75 FEET TO A POINT ON THF
SOUTHERL Y RIGHT-OF-WAY OF AFORESAID HYPOLUXO ROAD:
THENCE SOUTH 88053' 16" EAST ALONG THE SOUTHERLY RIGHT-OF-WAY OF
HYPOLUXO ROAD, 54.00 FEET TO A POINT AT THE NORTHWESTERLY CORNER OF LAND
CONVEYED TO MOBIL OIL CORPORATION (PARCEL NO.6) (PARCEL CONTROL NUMBER 00-
43-45-09-00-000-3070) BY DEED DATED APRIL 03, 1972 AND RECORDED IN O.R, BOOK ] 997.
PAGE 176 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA:
THENCE SOUTH 02029' ]4" WEST ALONG THE WESTERLY LINE OF LAND SO
CONVEYED TO MOBIL OIL CORPORATION, 137.00 FEET TO A PERMANENT REFERENCE
POINT (5/8" IRON PIN CAPPED #3935) FOUND (0.0 I FEET SOUTH AND 0,16 FEET WEST) A'1
THE NORTHWESTERLY CORNER OF LAND CONVEYED TO MICHEL P. BARBERIS (PARCEL
CONTROL NUMBER 00-43-45-09-23-000-0040) BY DEED DATED APRIL 20, 2004 AND
RECORDED IN O.R. BOOK ]6830, PAGE 1291 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
THENCE SOUTH I 103 I '09 WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED
TO MICHEL P. BARBERIS, 60.75 FEET TO A POINT:
THENCE SOUTH 02029' 14" WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED
TO MICHEL P. BARBERIS, ] 42.00 FEET TO A POINT;
THENCE SOUTH 87030'46" EAST THE SOUTHERLY LINE OF LAND SO CONVEYED TO
MICHEL P. BARBERIS, 147.50 FEET TO THE WESTERLY LINE OF TRACT "/\" USED FOR
RIGHT-OF-W A Y OF SEACREST BOULEV ARD OF SAID HY-CREST CENTER~
THENCE SOUTH 02029' 14" WEST ALONG THE RIGHT-OF-WAY OF SEACREST
BOULEVARD, 40.00 FEET TO A P.K. NAIL & WASHER FOUND IN ASPHALT PAVEMENT (D.lO
FEET NORTH, 0.22 FEET WEST) AND BEING THE NORTHEASTERLY CORNER OF LAND
CONVEYED TO W AL-MART STORES, INC. (PARCEL 5) (PARCEL CONTROL NUMBER 00-43-45-
09-23-000-0050) BY DEED DATED JANUARY 24, ] 989 AND RECORDED IN O.R. BOOK 5CJ45.
PAGE ]460 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA:
THENCE NORTH 87030'46" WEST ALONG THE NORTHERLY LINE OF LAND SO
CONVEYED TO WAL-MART STORES, INC. (PARCEL 5), 166.00 FEET TO A P.K. NAIL SET IN
ASPHAL T PAVEMENT;
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO
CONVEYED TO WAL-MART STORES, INe. (PARCEL 5), 260.00 FEET TO A 5/8"X30" IRON PIN
CAPPED (RIVERS TONE CO DUDLEY LS6527) SET;
THENCE SOUTH 87030'46" EAST ALONG THE SOUTHERLY OF LAND SO CONVEYED
TO WAL-MART STORES, INe. (PARCEL 5), PASSING THROUGH A PERMANENT REFERENCE
POINT (5/8" IRON PIN CAPPED #3935) FOUND (0.07 FEET SOUTH AND 0.12 FEET WEST) AT
166.00 FEET, A DlST ANCE OF 178.00 FEET TO THE PRINCIPAL PLACE OF BEGINNING AND
CONTAINING 14.7961 ACRES OF LAND AS SURVEYED AND DESCRIBED BY EDWARD B.
DUDLEY, L.S. NO. 6527 OF THE RIVERS TONE COMPANY IN OCTOBER OF 2008, BE THE SAME
MORE OR LESS, BUT SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND
RESTRJCTIONS.
All 5/8"X30" IRON PIN SET AND CAPPED (RIVERSTONE CO DUDLEY LS6527)
DEED OF REFERENCE
LAND CONVEYED TO WAL-MART STORES, INC. BY DEED DATED JANUARY 24, 1989 AND
RECORDED IN OFFICIAL BOOK 5945, PAGE 1460 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
BASIS OF BEARINGS:
THE CENTERLINE OF SEACREST BOULEY ARD AS SOUTH 02029'14" WEST AS RECORDED IN
HY -CREST CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 64,
PAGE 177-178 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
CLOSURE
North: 4748.19 East: 4943.64
Line Course: S 02-29-14 W Length: 522.2\
North: 4226.47 East: 4920.98
Line Course: N 88-55-] 6 W Length: 545.43
North: 4236.74 East: 4375.65
Line Course: S 03-27-44 W Length: 160.]4
North: 4076.89 East: 4365.98
Line Course: N 88-55-16 W Length: 344.35
North: 4083.37 East: 4021.69
Line Course: N 01-01-59 E Length: ] 80.00
North: 4263.35 East: 4024.93
Line Course:N 36-02-54 E Length: 143.]6
North: 4379.09 East: 4109.\8
Line Course: N 10-38-03 E Length: 587.24
North: 4956.25 East: 4217.54
Line Course: N 07-25-24 E Length: 7.25
North: 4963.44 East: 42] 8.48
Line Course: S 87-30-46 E Length: 342.66
North: 4948.57 East: 4560.82
Line Course: N 02-29-] 4 E Length: ] 52.37
North: 5]00.79 East: 4567.43
Line Course: S 87-30-46 E Length: 187.21
North: 5092.67 East: 4754.46
Line Course: N 02-29-14 E Length: 30]7)
North: 5394.]3 East: 4767.56
Line Course: S 88-53-16 E Length: 54.00
North: 5393.09 East: 48215:'
Line Course: S 02-29-14 W Length: 137.00
North: 5256.22 East: 4815.60
Line Course: S 1]-3 ]-09 W Length: 60.75
North: 5 I 96.69 East: 4803.4 7
Line Course: S 02-29-]4 W Length: 142.00
North: 5054.82 East: 4797.31
Line Course: S 87-30-46 E Length: ]47.50
North: 5048.42 East: 4944.67
Line Course: S 02-29-14 W Length: 40.00
North: 5008.46 East: 4942.':):-
Line Course: N 87-30-46 W Length. ] 66.00
North: 5015.66 East: 4777()C)
Line Course: S 02-29-14 W Length: 260.ClO
t-.iorth: 4755.91 East: 47653.1
Line Course: S 87-30-46 E Length: li8.0r]
North: 4748.] 8 East: 4943.64
Perimeter: 4659.0] Area: 644,5]8 sq.ft. 14.796] acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.00 Course: S ] 9-24-21 W
Error North: -0.003 East: -(l.OO I
Precision 1: 4,659,020,000.00
SAM'S CLUB FUELING STATION SERVICE PUMPS PARCEL
(aka PARCEL 5)
LEGAL DESCRIPTION OF AREA OF INTEREST
A parcel of land lying in the Northwest Quarter (NW 1/4) of Section 9, Township 45 South,
Range 43 East, Palm Beach County, Florida, and known as being Parcel No, 5 of Hy-Crest
Center, as recorded in Plat Book 64, Page 177-178 of the Public Records of Palm Beach County,
Florid, and being further bounded and described as follows:
COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road
(width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast comer of said
Northwest Quarter of said Section 9;
Thence South 02029' 14" West, along the centerline of Seacrest Boulevard and the east line of
the Northwest Quarter of Section 9, a distance of 696,58 feet to a point;
Thence North 8r 30' 46" West, a distance of 52.00 feet to a permanent reference point (5/8"
iron pin capped #3935) found on the westerly line of Tract "A" used for right-of-way of Seacrest
Boulevard and being the Principal PLACE OF BEGINNING of the premises herein described;
Thence continue North 870 30' 46" West, along a Northerly line of land conveyed to Wal-Mart
Stores, Inc. (Parcel No. 1) (Parcel Control Number 00-43-45-09-000-0010) by deed dated
January 24, 1989 and recorded in O.R.B. 5945, Page 1460 of the Public Records of Palm Beach
County, Florida, a distance of 166.00 feet to a 5/8" x 30" iron pin capped (Riverstone Co.
Dudley LS6527) set;
Thence North 020 29' 14" East, along a easterly line of land so conveyed to Wal-Mart Stores,
Inc. (Parcel No. 1) a distance of 260.00 feet to a P.K. nail set;
Thence South 870 30' 46" East along a Southerly line ofland so conveyed to Wal-Mart Stores,
Inc. (Parcel No.1), a distance of 166.00 feet to a P .K. nail and washer found in asphalt pavement
and being the Westerly right-of-way line of Seacrest Boulevard;
Thence South 02029' 14" West along the Westerly right-of-way line of said Seacrest Boulevard,
a distance of 260.00 feet to the Principal PLACE OF BEGINNING, and containing 0.991 acres
of land as surveyed and described by Edward B. Dudley, L.S. No. 6527 of the Riverstone
Company in October of 2008, be the same more or less, but subject to all leg al highways,
easements and restrictions.
Note: All 5/8" x 30" iron pins set and capped (Riverstone Co Dudley LS6527).
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.Adjac::nt Uses:
t\J orth:
3outh:
Deveiop::d comm::rciai proD::rties in unincorDor-ated F'aim
E,ea:::h County r desigr,ated CH/5 and zoned C'~. ralther- north
:ight-of-wayof HypolUJ(o P,Gad.
Undeveloped parce', desigrlal::d High Der.sil)! P.e:;idential
(HDP) and zoned IVlulti-Family P,esidential (F'-3)r then
townhomes (Pin:: Point Vill::!s Condo) ciassified :-iigh [i::nsity
P,esidential (HDP) and :oned rVlulti-familv Pesidemial (F-3).
East:
Right-of-way of Sea crest Boulevard, farther east single-family
homes (San C.2stle subdivision) in unincorpor-ated F'alm Beach
County, desig:aated Iv'iedium Densitv Residential (lv'\P-:)) and
:oned Resid-=ntial Iv'\ultifamily (PJv]); to the northeastr
developed an d vacant commercial propel'ties in Lantana,
designated and :oned C1-Commercial.
West:
Right-of-way :Jf Interstate 1-95.
EXECUTIVE SU!\IilMARY
Staff recommends approval of the requested ann e>:ationr iand use amendment and rezoning for
the following reasons:
1. Th'.: request is consistent with the annexation and other relevant objectives and polici,=s
of the Cit)f's Comprehensive Plan.
") The proposed amendment will benefit th~ City by contributing to the diversification of its
economy and its tax base.
3. The proposed amendment would not create additional impacts on infr2structure that
cannot be accommodated within existing capacities, or generate any negative impact.s
upon adjacent or nearby properties.
PROJECT AJNlAl YSYS
The two properties which are the subject of this land use amendment total 41.69 acres;
thereforer the proposed land use change qualifies as a large-scale amendment pu:suant to
Chapter 163 :=.5. Following locai board review and City Commission public hearing, a "large-
scale" amendment !s transmitted to the Florida Department of Community Affairs fo~ review for
compliance with the state, regional and local comprehensive plans prior to adoption. t=ollowing
the review per-iod of approximately 60 daysr DCA provides th:: City with a reDort of th,=ir
findings in an "Objections, Recommendations and Comments UJRC) P.eport". The Citv then hes
60 da','s to either- (1) adopt the amendment as transmitted, (:2) adopt the amen:Jment with
changes in response to the ORC report, or- (3) determine not to adopt th,:, amendment and
inform DC!\ of that decision. According to t=iorida S;:atutes Chapter 163, lar'ge-s:::ai::
amendments may oniy b,:, adopIed during two amendmem cycies sach calendar vsar. This
amendrn'=nt request is a paiL of the 1st round of amendments f:Jr the :::'OC'9 calenda- vsar.
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File Number: ~[JP.P Ci9-0G2-,L\r\J:Y L)~-C)C~_
Sa m 's CI iJ b/ I\J o"tr.:;~a r
F'alm Bea'ch County's iand 15E: and ZO:lln';J designations, No chanaes in use are planned for
either proD::r'::'y'.
1~~~2trl9r chang2d 0.- chan;;ing co,ditior7s nial:e th2 DroDcs2d r2:!oning o::si;-able.
The pro:Jos:::I arnendmsnt is rsques-cet in conj'-1nction with 3rl application for ann::):ation. The
::)~i:;ting F'aim Beach County ia:ld L!se aesignatiDn and zoning mL!st be changed 1:0 the city land
use deSignation and zon'lng distric::..
d. Wh2tner t~e prooosed us=: INo.uld be comparibie If\lith uriiitl. 5\'5[2/7:S, roaoll.,al/s, and
other public facilities.
p..s s'cated, the proposed iand use amendment ODes not entail changes to current use of the
subjsct propsrtiss. The addition of an accessory fu::lilng fa:iliw is currently planrled for the
Sam's Club (see the IViaster Pian revisw in the 12st section of this report); a carw2sh may be
added latsr. The NorthStar Cemetery Services is planning to add a crematorium sometime in the
future. Both planned additions represent minirr,al impact upon municipal services as described
below.
T.amc
The rsfueling faciiity will be an ancillary use for the 3am's Club and thus there will be a large
proportion of shared trips between the two. Th~ i"acility will be available e)cclusively to the Club's
msmbers and will require a membsrship card Tor pump activation. The trip characteristics'
analysis done for similar projects indicate the intemal trip capture of over 50%).
Likewise, the future addition of the crematorium to the [\lorthS~arrs cemetery will not have a
significant impact on the surrounding roadways,
.t.\t the time of the site pian application Tor the rssp::ctive additior.s, the concurrency traffic
impact analvsis or statement will be provld~d and will be reviewed by the County for
cor.sistencv with the Pal Beach County Ti-affic Performance Standards ordinance.
P.otab~e 'Nate" and Sewer
The City' provides both water and sewer services to the Sam's Club property. The addition of a
fuelling sLation will not have a significant effect on the site's ovsrall water demand and, since
Sam's Club carwash facilities utilize recycled water; a carwash facility would also have a
negligible impact.
Upon annexation, the City will provide water to the NorthStar cemetsry, but due m the need for,
and the cost of, the extensive on-site imDrovemens, NorthS'car's conne,ction to the City's sew::r
s\'stsm will be postDoned. lViorsover, the fa:ili1:)' will continue to us::: well water Tor- lIriCiation
. ' -
purposes.
Wale, C8mal1l1d
I Land U~e
l:::}d stnl\ll 91/ Plra p::s:erll Office,! Crematc:-lTTl
I /'=hurch
G~~"ialijo:n. Rat!:: IUlIlIits
:25 C:;P[I pe' empio\fee It,
:; GP[' r::=r s::at ! llC!
Iii utal GlOP
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Sam's ']ub/NorthStai
r::d::velopment of a large e)~l:;ting ceITletei)', a proposed commercial zoning has a negligible
potential fO! negative impact or, nearby re:;idem=; 31 properties in the future.
The proposed commercial land U5e and zonin ';:) desigrlation for the l\JolthStar cemetery will
accommodate the:: o\an to subs-::qu-::ntiy add d ci-2matorium. It also r-::flects a commercial, iather
than a pUDlic use of the proDerty. I~ should ai.so be noted that the.:: commercial zoning would
accommodate the piacement of a bi\I~Dard D;i the.:: cemetery piopertvr pU:5uant to Florida
3L:atutes and the.:: 2001 settlement agreelTi-=:ilt between the Dt}! and two advertising
corpoiatlons. The settlement allows for the pia='2ment of a set number of billboarcs at various
iocations along the.:: I-9S right-of-way, subject t:Jf in Dart, a residential sepaiation S'Landaid and
all applicable siting standards of FioriJa 5;:atut-::::s. The subject property would allow Tor the
citing of one of the two remaining billboards allowed under the agreement, with minirr,a!
impaccs on residential and other- lane uses.
The.:: requested C-:3 zoning fo~ the I\JorthStar p ropeity wil! require a code amendment,. which
SLaIT will propose and initiate to be.:: timed with ultimate adoption of the subject request. The
code amendment is necessarv as the cun-'2nt C-3 regulations only allow a funeral home as a
permitted use and funeral homE. with a crerr,atorium 2S a conditional use. The amendment
would establish a cemetery in conjunction with a funeral home as a permitted IJse in the [-3
zoning disIrict.
f, IIi/hether the property is phlfsically and economical/,V developable und:;r the existing
zoning.
The propose.::d reClassification/rezoning involves developed properties and is a necessary action
in conjunction with an annexation.
a. Whether the proposed rezoning is oT a scale which is reasonabl)' related to the
needs of the neighborhood and the cit) as a who/e.
The requested land use amendment and rezoning is reasonably related to the.:: needs of the
neighborhood and the city as a whole (see above sections "err and "f'').
h. ilVhether there are adequare sites elsewhere in the city for the proposed I../se, in
districts where such use is alr-2adl ai/owed.
The proposed amendment is f-equested Tor the alr:=.:ady developed properties and in conjunction
with an application for annexation. No use chang'2s are planned for either property.
~\lj)t':.5T=R fll>L~N ANAL. YS!S POR SAJWS ClaJlS
When requesting to rezone property to a D:anned district, such 25 Planne.d Commercial
Developmem (peD), the applicant is required to submit a [Vl2ster Plan depicting the location of
siIe.:: imoroveme.n':s, proposed traffiC patterns and site.:: data. ;ince the. existing Sam's Club is
requesting peD zoning, the appii:ant has submiL~ed the requisite. master olan. The master olan
deDi::t5 the e)(!sting one-story, 134.100 5m;are foot 3am's Ciub buil'ding situated in' the
southwes_t ~omer of the pro pert.v , 2.S welI as a proposed Sam's member5hip gas station and
carvvaSli ,acIIIIY Iri the northeast comer of tn':' Droperty.
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 20, 2009
Community Alliance group. Carisse Lejeune, Assistant to the City Manager, added it was the first
quarterly report after approval of the recommendations of the Green Task Force by the City
Commission. The report was a status update on summary projects and initiatives that were either
completed or underway and in the planning stage.
Ms. Lejeune requested a policy decision by the Commission for the Affordable Housing Initiative
on the use of WaterWise landscaping materials and irrigation design in housing projects for water
conservation measures. She asked that the measure be included as one of the approved
recommendations of Green Task Force. Mr. Bressner pointed out the Land Development
Regulations would need to be amended with a Code change and public hearings rather than an
administrative decision.
There was consensus that the issue be returned to the Commission for consideration.
Motion
Commissioner Ross moved to approve Item VI.D. Commissioner Hay seconded the motion.
The motion passed unanimously.
Mayor Taylor requested an update on the boundless playground project.
Wally Majors, Director of Recreation and Parks, advised bids had been sent out and were due
by the end of January. Hopefully a contract could be awarded in February with construction
commencing in April with project completion in a year or less.
Returning to the Item VI.B.1., Mayor Taylor questioned why one of the members on the
committee that selected the golf instructor was an employee from Delray Beach. Mr. Majors
responded the gentleman had an extensive background in tennis with a similar tennis center
and contractual agreements needed to operate the facility. He brought an added level of
expertise to the panel.
VII. CODE COMPUANCE .. LEGAL SElTLEMENTS:
None
VIII. PUBUC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capadty as Local
Planning Agency and City Commission.
Attorney Cherof administered an oath to all those intending to testify on any quasi-judicial
proceedings before the Commission and gave a brief overview of the procedure to be followed.
A.
Project:
Agent:
Sam's Club/Northstar (ANEX 09-001)
Bonnie Miskel and Scott Backman
10
Meeting Minutes
Regular City Commission
Boynton Beach, FL
Owner:
January 20/ 2009
Location:
Description:
B.
Project:
Agent:
Owner:
Location:
Description:
Walmart Stores #8140/Northstar Cemetery Services of Florida,
LLC
West of North Seacrest Blvd, South of Hypoluxo Rd. 7233
Seacrest Blvd and 3691 Seacrest Blvd.
Request to annex the properties. (Sam's Club -- 1st Reading
Proposed Ordinance No. 09-003) (Northstar - 1st Reading
Proposed Ordinance No. 09-004)
Sam's Club/Northstar (LUAR 09-002)
Bonnie Miskel and Scott Backman
Walmart Stores #8140/Northstar Cemetery Services of Florida,
LLC
West of North Sea crest Blvd., South of Hypoluxo Road, 7233
Seacrest Blvd. and 3691 Seacrest Blvd.
Request to amend the Comprehensive Plan Future Land Use Map
classification on :i:41.49 acres of land from Commercial High
(CHIS) and Institutional (Palm Beach County) to Local Retail
Commercial (LRC).(Sam's Club -- 1,st Reading Proposed
Ordinance No. 09-005) (Northstar - 1st Reading Proposed
Ordinance No. 09-006)
Request to rezone from Palm Beach County Commercial General
(CG) and Residential Multifamily (RM) to Planned Commercial
Development (PCD) and C-3, Community Commercial. (Sam's
Club -- 1st Reading Proposed Ordinance No. 09-007)
(Northstar _1st Reading Proposed Ordinance No. 09-008)
Hanna Matras, Senior Planner addressed the annexation, land use amendment and rezoning for
both Items VIII. A and B. The request covered two properties; Sam's Club and Northstar
Cemetery. It included a total of 41.49 acres. She reviewed the current zoning designations and
the request to change to Local Retail Commercial. Sam's Club would be Planned Commercial
Development zoning and Northstar would be C-3, Community Commercial. There would be no
current changes to the existing uses. In the future, Sam's Club would be adding a fueling
facility and Northstar would be adding a crematorium. Staff recommended approval of the
annexation, land use amendment and rezoning. The requests met all the necessary criteria for
approval as outlined in the staff report.
Scott Backman, legal counsel for the applicants, commended staff for their cooperation. He
was present to answer any questions. Attorney Cherof pointed out the requests would return
to the Commission after transmission for approval by the Department of Community Affairs. A
separate annexation agreement would be brought before the Commission also. Any conditions
of approval would be included in the annexation agreement.
Mayor Taylor opened the issue for public hearing or comment.
No one coming forward, Mayor Taylor closed the public hearing.
11
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 20, 2009
Attorney Cherof read Proposed Ordinance No. 09-003 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-003. Commissioner Weiland
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-004 by title only on first reading.
Motion
Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 09-004. Commissioner Hay
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-005 by title only on first reading.
Motion
Commissioner Weiland moved to approve Proposed Ordinance No. 09-005. Commissioner Hay
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-006 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-006. Commissioner Ross
seconded the motion.
Vote
City Clerk Prainito caUed the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-007 by title only on first reading,
12
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
ITEM A.2
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
June 2, 2009
181 June 16, 2009
0 Jul 7,2009
0 Jul 21,2009
0 Au ust 4, 2009
June I, 2009 oon
o A ri121, 2009
o 5,2009
o 19,2009
June 15, 2009 (Noon
Jul
Jul
0 AnnouncementsfPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda lZJ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please maintain this as a tabled item on the June 16, 2009 City Commission Agenda
under Legal, Ordinances - Second Reading. The City Commission on June 2nd tabled this request so that 2nd reading
coincides with the final review of the corresponding code amendment and to allow additional time for the applicant to work
toward resolutions to concerns raised by the adjacent property owner. The City Commission on January 20, 2009 approved
this item (induding First Reading of the Ordinance) with the corresponding Rezoning and Land Use Amendment which was
transmitted to the Department of Community Affairs (DCA). The State's review is completed and the ordinances have been
prepared for adoption. For further details pertaining to this request, see attached Department Memorandum No. 08-104.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Northstar (ANEX 09-001)
Bonnie Miskel and Scott Backman
Walmart Stores #8140 / Northstar Cemetery Services of Florida, LLC
West of North Seacrest Boulevard, South ofHypoluxo Road, 7233 Seacrest
Boulevard and 3691 Seacrest Boulevard
Request to annex the properties.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
')
~
Assistant to City Manager,--;l;J_-
2/
PlannIng 'and Zo g Director City Attorney I Finance
S:\Planning\SHARED\WP\PROJ TS\Sams Club PB Memorial\ANEX 09-00] \Agenda Item Request Northstar ANEX 09-00] 6-]6-09.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
ORDINANCE NO. 09-.
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, ANNEXING 25.89+/- ACRES
5 OF LAND THAT IS CONTIGUOUS TO THE CfT\'
6 LIMITS WITHIN PALM BEACH COUNTY AND
7 THAT WILL, UPON ANNEXATION, CONSTITUTE
8 A REASONABL Y COMPACT ADDITION TO THE
9 CITY BOUNDARIES; PROVIDING THAT THE
10 PROPER LAND USE DESIGNATION AND
11 PROPER ZONING OF THE PROPERTY SHALL BE
12 REFLECTED IN SEPARATE ORDINANCES TO BE
13 PASSED SIMULTANEOUSLY HEREWITH;
14 PROVIDING FOR CONFLICTS, SEVERABILITY.
15 AND AN EFFECTIVE DATE; PROVIDING THAT
16 THIS ORDINANCE SHALL BE FILED WITH THE
17 CLERK OF THE CIRCUIT COURT OF PALM
18 BEACH COUNTY, FLORIDA, UPON ADOPTION.
19
20 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the
21 development of an Annexation Program; and
22 WHEREAS, Northstar Cemetery Services of Florida, LLC.. owner, by and through
23 its agents, Bonnie Miskel and Scott Backman. of the property more particularly described
24 hereinafter, have heretofore filed a Petition. pursuant to Section 9 of Appendix A-Zoning. of
25 the Code of Ordinances. Cit), of Boynton Beach. Florida. for the purpose of annexmg d
26 certain tract ofland consisting of approximately 25.89+/- acres: and
27 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the
28 following tract of land as hereinafter described, in accordance with Article L Section 7 (-;2)
29 of the Charter of the City and Section 171.044. and 171.062(2), Florida Statutes; and
30 WHEREAS, said tract of land lying and being within Palm Beach County IS
31 .1 contiguous to the existing city limits of the City of Boynton Beach. and wilL upon its
32 annexation, constitute a reasonably compact addition to the City boundar:.
S \CA\Ordinances\Plannin~nnexation;,\Annexatlon- Northstar doc
1
I
I
II
1
Section 1.
That each and every Whereas clause is true and correct.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
2
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
3 I
4
Section 2.
Pursuant to Article I, Section 7 (32) of the Charter of the City of
5 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described
6 unincorporated and contiguous tract of land situated and lying and being in the County of
7 Palm Beach, Florida, to wit:
8 See legal descriptions attached hereto as Exhibit "A"
9
10 Subject to easements, restrictions, reservations, covenants and
11 rights-of-way of record,
12
13 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be
14 and become part of the City with the same force and effect as though the same had been
15 originally incorporated in the territorial boundaries thereof.
16
Section3 :
That Section 6 and 6(a) of the Charter of the City of Boynton Beach,
1 7 Florida, is hereby amended to reflect the annexation of said tract of land more particularly
18 described in Section 2 of this Ordinance.
19
Section 4:
That by Ordinances adopted simultaneously herewith, the proper City
20 zoning designation and Land Use category is being determined as contemplated in Section
21 171.162(2), Florida Statutes.
22
Section 5.
All ordinances or parts of ordinances in conflict herewith are hereby
23 repealed.
24 Section 6: Should any section or provision of this Ordinance or any portion thereof
25 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
26 the remainder of this Ordinance.
S :\CA \OrdinanceSIPlanning\AnnexationMnnexation - Northstar. doc
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Section 7:
This Ordinance shall not be passed until the same has been adn.Tu
for two (2) consecutive weeks in a newspaper of general circulation in the C'ity of 130\ nlun
Beach, Florida, as required by the City Charter and Section 171.044. Florida Statutes.
Section 8.
This ordinance shall become effective immediately upon passage
Section 9.
This ordinance, after adoption, shall be filed with the Clerk of the
Circuit Court of Palm Beach County, Florida.
FIRST READING this ~ day of ~ ianuo,i-....I ,2009.
(
SECOND, FINAL READING and PASSAGE this~_ day of______~_~. 20()l).
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner -- Woodrow L. Hay
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S '\CA \Ordmances\Planning\AnnexationSAnnexation - Northstar doc
3
KEATLEY INVESTMENTS, Inc. CEMETERY PARCEL
LEGAL DESCRIPTION OF PALM BEACH MEMORIAL PARK
Situated in the County of Palm Beach, State of Florida, and knows as being a part of the re-plat
of part of Lincoln memorial Gardens, as recorded in Plat Book 25, Page 225, and further
described as follows:
COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road
(width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast comer of
Northwest Quarter (NW 1/4) of Section 9, Township 45 South, Range 43 East, Palm Beach
County, Florida;
Thence South 020 29' 14" West, along the centerline of Seacrest Boulevard and the east line of
said Northwest Quarter of Section 9, a distance of 1,218.79 feet to a point;
Thence North 870 30' 46" West, a distance of 40,00 feet to a point on the West right-of-way line
of said Seacrest Boulevard, and being 20,30 feet South of the North line of the re-plat of Lincoln
Memorial Gardens, and the POINT OF BEGINNING;
Thence South 020 29' 14" West along the West right-of-way line of said Seacrest Boulevard, a
distance of 1,391.26 feet to a point; thence North 870 30' 46" West, a distance of 92.00 feet to a
point; thence South 02029' 14" West, a distance of 93.00 feet to a point; thence North 870 30'
46" West, a distance of 81. 83 feet to a point; thence North 010 01' 59" East, a distance of 156.13
feet to a point; thence North 87030' 46" West, a distance of 33.81 feet to a point; thence North
01001' 59" East, a distance of2.74 feet to a point; thence North 87030' 46" West, a distance of
326.39 feet to a point; thence South 010 01' 59" West, a distance of 12.00 feet to a point; thence
North 870 30' 46" West, a distance of 148.72 feet to a point; thence South OJO 01' 59" West, a
distance of 19.03 feet to a point; thence North 870 30' 46" West a distance of 176.44 feet to a
point on the East right-of-way line State Route 9 (Interstate 95), a variable width public right-of-
way; thence North 010 01' 59" East, along the East right-of-way line of said State Route 9, a
distance of 1,174.86 feet to a concrete disk found; thence South 880 55' 16" East, a distance of
344.35 feet to a point; thence North 030 27' 44" East, a distance of 160.14 feet to a point; thence
South 88055' 16" East, a distance of 545.43 feet to the POINT OF BEGINNING.
Said parcel contains 25.89 acres ofland, more or less.
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SOJtr,:
Deve\'Jp,::d commercial properti,::s in unincorporat,::d F'alm
B-=ach County r d'::signat,::d CHIS and zoned C'-:;, Farther north
rigrl:-of-wayaT Hypolu)((i P,oad.
Undevelop,::d parcel d'::sigrlated Higr\ [J'::r:siI)! F',s5idential
(HDP,) and zoned IVlulti-Famil)! R,::sidential (P-3), then
townhom,::s (Pin:: Point Villas Condo) ciassifi,::d High Densitv
F',,::sidential (H DP,) and zoned Multi-family F',,::sidential (P-J'I,
cast:
P.ight-of-way or Seacr'::st Boulevard, farther east single-family
homes (San [25tie subdivision) in unincorpoiated F'aim 8::ach
County, desig r, ated IVi,::dium Density P,esidential (IVI F - 5) and
zoned Resid~ntial IVJultifamily (RM); to the northeast,
developed an d vacant comm,::rcial prop'::rti,::s in ~antana,
designated and zon,::d Cl-Commercial.
W'::st:
Right-of-way Df Int,::rstate 1-95,
eXeCUTIVE 5lHVUMARY
Staff recommends approval of the r,::quested ann '2xation, land use amendment and "ezonlng for
the following reasons:
1. The request is consistent with the anne)~Cl tion and oth'::r relevant objectives and policies
of the Citis Comprehensive Pian.
-;
The propos~d amendment will benefit the City by contributing to the div'::fsification of its
economy and its tax base.
3. The propos~d amendm,::nt would not create additional impacts on infr2structure that
cannot be accommodated within existing capacities, or generate any negative impact::
upon adjacent or nearby properties.
PROJeCT A.NAl Y5!S
The two properti'::s which are the subject of this land use amendment total 41.69 acres;
therefore, the proposed land use change quaiifies as a larg'2-scale amendment pursuant to
Chapter 163 r.S. Following local board review and City Commission public hearing! a "large-
scale" amendment is tiansmltted to the Florida Department of Community Affairs for review for
compliance with the state, regional and ]ocal comprehensive plans prior' to adoptior" Following
the review period of approximately 00 days, DCA provides the City with a report of their
findings in an "Objections, Recommendations and Comments (DRe) P,eport". The City then has
60 days to either (1) adopt the amendment as transmitted, (::2) adopt the amendment with
chang'::s in response to the ORC report, or :'3) determine not to adopt the amendment and
inform DG\ of that d,::cision. According tD Florida Statutes '=hapter 163, iai.ge-scale
amendments may only b'2 adopt,:::d during two amendm'2nt c::ycl'2s <::acn cal'2nda~ y~a~. Tn:5
amendment r~quest is cl part of tn':: 1st round of am'2ndmentr for the ~009 ,c::al'2ndar y=ar.
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F'alm 5::ach CountV's i3ild use and :=mlng designations. No chanaes In use are p:anne.d for
either Drope.itv.
Il~~=th=.r changed 0." ,::han;Jlng conditions ma/:e the DropoS9o' r970nin!} d:si;~ab/e.
The propo::ed amendment is reoueste.,j in conjunction with an appiicat'lon for anr,e>:ai::ion. The
el.!stir:;i F'aim Bs:ach Counr)/ :and use. de.sigr.aLiCln and zoning must be chan;]e.d to the. city land
use desigrla1:ion and zoning disuict.
c. Whether the proposed use would be .::omDatibie with utility 5\15[e,::5, roadllJ;'3.I<5,. and
other pubiic raci/iti.::!S.
/is state.d, the pro:x:sed land !"!se amc;ndment does not entail changes to current use of the
subject propert'les. The addition of an aCCC;SSOi)/ fuelling facility is currently piannc;d for tne
Sam's Club (52::: th,=, [Viaste.r Pian r,=,view in the lest s,,:ction of this r~port); a carwC!sh rTlay be
added later. The [\JorthStar C~m~tery Services is planning to add a crematorium sometim,=, in the
future. Both planned additions represent minimal impact upon municipal services as described
below.
Tramc
The refueling facility will be an ancillary use for the Sam's Club and thus there will be a large
proportion of shared trips between the two. The facility wilt be available exclu.sive1v to the Club's
members and will require a membership card Tor pump activation. The trip chaiacteristics'
analysis done for s'lmilar projec:t...s indicate the internal trip capture of ov~r 50%.
Likewise, tn::: future addition of the cr~matorium to the NorthStar's cemetery will not have a
significant impact on the surrounding roadways.
At the time of the site plan appiication for the respective additions, the concurrency tlame
impact arlalysis or statement will be pr-ovided and will be reviewed bV the County for
consistency with the Pal Beach County Traffic Periorrnanc::: Standards ordinanc::.
Potabie \f~:aJter arnd 5e'wer
The City provides both water and sewer servlc:::s to the Sam's Club property. The addition of a
fueliing station will not have a significant eff:::ct on the site IS ovel-all water demand and, since
Samls Club carwash facilities utilize recycled water, a carwC!sh facility would also have a
negligibie impa::t.
Upon annexation, th'2 City will provide waLer to the NorthStar cemeteryr but due to the n::ed forr
and the cost of, the e.)ctensive on-site improvements, f\JorthStarfs connection to the City's sewer
system will be postponed. !Vjoreover, the facility will continue to use well water for Irrigation
purposes,
Wa~c i:8ma1l1ld
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r,=d~\leio:JrTlent of a large e);!sting cemeter)', a proposed commercial zoning has a negligible
Dot~ltial for- nega:ive impact on ne3rJV residenti al properties in the future.
Tne :JrODC:;-::C commercial land u:;e arid zonin 9 designation for the l\Jolth5tar cemeter)/ will
aCCD'imOG2te the Dian to sub:;equentry add d cr-2matoriurTI. It also r::flects d commelTial, r-ather
than a public l.!se of the proDerty. It should also be noted that th2:::ommercial zoni:lg would
accomm:x;ate tne ;:J:acement of a billboard on tne cemetery prooerty, pursuant tD FlOrida
5'LatUL-::s and tn2 :2001 settlem2nt agieern-2nt between the City anj DNC advertising
corpoiations. The settlement al\:)w:; for the placement of a set number of billbGarc!s at various
iocations al::m9 '::~e 1-95 right-of-vvaVr subject to f WI Dart, a residential separat:ion si:an,jard and
ail applicable si~ing s'Landards of :=\o:-ica StatuL"=s. The subject property WOUld allow for the
citing of one of the two remaining billboards allowed und:::r the agreement. with minirr,al
imDac:::s Dn residential and other land uses.
The reouested C-3 zoning for the NorthS;:a:- property will requill2 a code amendment, which
scaff will propose and initiate to be timed with ultimate adoption of the subject request. The
code am~ndm:::nt is necessary 2S the current C-3 regulations only allow a funeia\ home as a
permitted use and fune,al home with a crematorium 2S a conditional use. The am:::ndment
would establish a cemet:::ry in conjunction with a runel-al home as a permitted use in the [-3
zoning district.
f, Whether the property is physicall; and economically developable under the existing
?oning.
The proposed reclassification/rezoning involves developed properties and is a necessary action
in conjunction with an annexation.
Q. Whether the proposed re?oning is of' a scale which is re2sonab/v re/ated to the
needs of the neighborhood and the city 35 a who/e.
The requested land use amendment and rezonin':;J is reasonably related to the needs of the
neighborhood and the city as a whole (see above sections "err and "f").
h. Whether there are adequate sites elsewhere in the city for the proposed use.. in
d!5rrict.r::; where such use is a/read} a/lowed.
The proposed am:::ndm:::nt is requested for the alt-sady develop:::d properti:::s and in conjunction
with an application for ann:::xation. r~o use chang,,=s are planned fOI either property.
~~P.5TER PLAN ANAL YS!S POR SA,WS CL1J1S
When requesting to r:::zone prop:::rty to a planned district, sucn as Plann:::d Commercial
D:::velopment (peD), the applicant is required to submit a fV1aster Plan d:::picting the location of
site improv:::ments, proposed tiaffi.: patterns and site da~2. Since the ex[:;ling SalT"s Club !s
I-equesting PCD zoning, the appiicant has submitted the reouisite master pian, The master olar,
deoic,::s the existing one-swl)lr l.34.100 sqU2i2 foot Sam's Club buiiding situated in th'2
southwest corner of the property', c:S well as a proposed Sam's memb::::shiD Cias station and
canNash facililv in tne northeast corner of the property.
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Meeting Minutes
Regular City Commission
Boynton Beach, Fl
January 20, 2009
Community Alliance group. Carisse lejeune, Assistant to the City Manager, added it was the first
quarterly report after approval of the recommendations of the Green Task Force by the City
Commission. The report was a status update on summary projects and initiatives that were either
completed or underway and in the planning stage.
Ms. Lejeune requested a policy decision by the Commission for the Affordable Housing Initiative
on the use of WaterWise landscaping materials and irrigation design in housing projects for water
conservation measures. She asked that the measure be included as one of the approved
recommendations of Green Task Force. Mr. Bressner pointed out the Land Development
Regulations would need to be amended with a Code change and public hearings rather than an
administrative decision.
There was consensus that the issue be returned to the Commission for consideration.
Motion
Commissioner Ross moved to approve Item VI.D. Commissioner Hay seconded the motion,
The motion passed unanimously.
Mayor Taylor requested an update on the boundless playground project.
Wally Majors, Director of Recreation and Parks, advised bids had been sent out and were due
by the end of January. Hopefully a contract could be awarded in February with construction
commencing in April with project completion in a year or less.
Returning to the Item VI.B.1., Mayor Taylor questioned why one of the members on the
committee that selected the golf instructor was an employee from Delray Beach. Mr. Majors
responded the gentleman had an extensive background in tennis with a similar tennis center
and contractual agreements needed to operate the facility. He brought an added level of
expertise to the panel.
VII. CODE COMPUANCE . LEGAL SETTLEMENTS:
None
VIII. PUBUC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
Attorney Cherof administered an oath to all those intending to testify on any quaSi-judicial
proceedings before the Commission and gave a brief overview of the procedure to be followed.
A.
Project:
Agent:
Sam's Club/Northstar (ANEX 09-001)
Bonnie Miskel and Scott Backman
10
Meeting Minutes
Regular City Commission
Boynton Beach, FL
Owner:
January 20, 2009
Location:
Description:
B.
Project:
Agent:
Owner:
Location:
Description:
Walmart Stores #8140/Northstar Cemetery Services of Rorida,
LLC
West of North Seacrest Blvd, South of Hypoluxo Rd. 7233
Sea crest Blvd and 3691 Seacrest Blvd.
Request to annex the properties. (Sam's Club -- 1,6t Reading
Proposed Ordinance No. 09-003) (Northstar - 1,st Reading
Proposed Ordinance No. 09-004)
Sam's Club/Northstar (LUAR 09-002)
Bonnie Miskel and Scott Backman
Walmart Stores #8140jNorthstar Cemetery Services of Florida,
LLC
West of North Sea crest Blvd., South of Hypoluxo Road, 7233
Seacrest Blvd. and 3691 Seacrest Blvd.
Request to amend the Comprehensive Plan Future Land Use Map
classification on :t:41.49 acres of land from Commercial High
(CHIS) and Institutional (Palm Beach County) to Local Retail
Commercial (LRC).(Sam's Club -- 1,st Reading Proposed
Ordinance No. 09-005) (Northstar - 1,st Reading Proposed
Ordinance No. 09-006)
Request to rezone from Palm Beach County Commercial General
(CG) and Residential Multifamily (RM) to Planned Commercial
Development (PCO) and C-3, Community Commercial. (Sam's
Club -- 1,st Reading Proposed Ordinance No. 09-007)
(Northstar _1,6t Reading Proposed Ordinance No. 09-008)
Hanna Matras, Senior Planner addressed the annexation, land use amendment and rezoning for
both Items VIII. A and B. The request covered two properties; Sam's Club and Northstar
Cemetery. It included a total of 41.49 acres. She reviewed the current zoning designations and
the request to change to Local Retail Commercial. Sam's Club would be Planned Commercial
Development zoning and Northstar would be C-3, Community Commercial. There would be no
current changes to the existing uses. In the future, Sam's Club would be adding a fueling
facility and Northstar would be adding a crematorium. Staff recommended approval of the
annexation, land use amendment and rezoning. The requests met all the necessary criteria for
approval as outlined in the staff report.
Scott Backman, legal counsel for the applicants, commended staff for their cooperation. He
was present to answer any questions. Attorney Cherof pointed out the requests would return
to the Commission after transmission for approval by the Oepartment of Community Affairs. A
separate annexation agreement would be brought before the Commission also. Any conditions
of approval would be included in the annexation agreement.
Mayor Taylor opened the issue for public hearing or comment.
No one coming fOlWard, Mayor Taylor closed the public hearing.
11
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 20, 2009
Attorney Cherof read Proposed Ordinance No. 09-003 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-003. Commissioner Weiland
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-004 by title only on first reading.
Motion
Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 09-004. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-005 by title only on first reading.
Motion
Commissioner Weiland moved to approve Proposed Ordinance No. 09-005. Commissioner Hay
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-006 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-006. Commissioner Ross
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-007 by title only on first reading.
12
XII. - LEGAL
DEVELOPMENT
ITEM A.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to Citv Clerk's
Office
0 A ri121, 2009
0 Ma 5,2009
0 Ma 19,2009
0 June 2, 2009
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
I2?J June 16, 2009
0 JuI
0 Jul Jul
0 Au st 4, 2009 Jul
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda I2?J Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please maintain this as a tabled request on the June 16, 2009 City Commission Agenda
under Legal, Ordinances - Second Reading. The City Commission tabled this request so that 2nd reading coincides with the
fmal review of the corresponding code amendment and to allow additional time for the applicant to work toward resolutions
to concerns raised by the adjacent property owner. The City Commission on January 20, 2009 approved this item (including
First Reading of the Ordinance) for transmittal to the Department of Community Affairs (DCA). The State's review is
completed and the ordinance has been prepared for adoption. For further details pertaining to this request, see attached
Department Memorandum No. 08-104.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
Sam's Club (LUAR 09-002)
Bonnie Miskel and Scott Backman
Walmart Stores #8140 / N orthstar Cemetery Services of Florida, LLC
West of North Seacrest Boulevard, South of Hypoluxo Road, 7233 Seacrest
Boulevard and 3691 Seacrest Boulevard
Request to amend the Comprehensive Plan Future Land Use Map classification
on ::t41.49 acres ofland from Commercial High (CH / 5) and Institutional (Palm
Beach County) to Local Retail Commercial (LRC).
DESCRIPTION:
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES:
i
I
Development Depa
u~
City Manager's Signature
Assistant to City Manage4L
~ ~~;,-ect'" City Attorney / F_ce
S:\Planning\SHARED\WP\PROJECTS\Sams Club PB Memorial\LUAR 09-002\Agenda Item Request Sam's Club Amend LUAR 09-001 6-16-09.doc
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
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111 ORDINANCE NO. 09-((:5
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38
5 BY AMENDING THE FUTURE LAND USE ELEMENT
6 OF THE COMPREHENSIVE PLAN FOR A PARCEL
7 OWNED BY W ALMART STORES #8140 AND
8 LOCATED AT 7233 SEACREST BOULEVARD;
9 CHANGING THE LAND USE DESIGNATION FROM
10 COMMERCIAL HIGH WITH A MAXIMUM 5
11 DWELLING UNITS PER ACRE (CH/5)(P ALM BEACH
12 COUNTY) TO LOCAL RETAIL COMMERCIAL;
13 PROVIDING FOR CONFLICTS, SEVERABILITY, AND
14 AN EFFECTIVE DATE.
15
16 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
17 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
18 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
19 Comprehensive Planning Act; and
20 WHEREAS, the procedure for amendment of a Future Land Use Element of a
21 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
22 WHEREAS, after two (2) public hearings the City Commission acting in its dual
23 capacity as Local Planning Agency and City Commission finds that the amendment
24 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it In
25 the best interest of the inhabitants of said City to amend the aforesaid Element of the
26 Comprehensive Plan as provided.
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
28 CITY OF BOYNTON BEACH, FLORIDA, THAT:
29 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
30 herein by this reference,
S:\CA\OrdmanceslPJanninglLand Use\Sams Club doc
) .
1
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
2 following:
3 That the Future Land Use of the following described land located at 7233 Seacrest
4 Boulevard changing the land use designation from Commercial High with a maximum 5
5 dwelling units per acre (CH/5) (Palm Beach County) to Local Retail Commercial:
6
7 See legal description attached hereto as Exhibit "A"
8
9
10 Subject to easements, restrictions, reservations, covenants and rights-
11 of-way of record.
12
13
14 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
15 Future Land Use Plan shall be amended accordingly.
16 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
1 7 Section 5: Should any section or provision of this Ordinance or any portion thereof be
18 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
19 remainder of this Ordinance.
20 Section 6: The effective date of this plan amendment shall be the date a final order is
21 issued by the Department of Community Affairs finding the amendment to be in compliance in
22 accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration
23 Commission finding the amendment to be in compliance in accordance with Section 163.3184,
24 F.S.
25 FIRST READING this ~ day of Ja.,nU(-LI-f-,2009.
S:\CA\Ordinancei;\Planning\Land Use\Sams Club.doc
- 2 -
i ~
i i
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-L
SECOND. FINAL READING and PASSAGE this
day ot
l\ 19
2
CITY OF BOYNTON BEACH. FLORII)!\
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 ATTEST:
19
20
21 Janet M. Prainito, CMC
22 City Clerk
23
24
2 5 ( Corporate Seal)
26
Mayor - lerry Taylor
Vice Mayor - lose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hav
Commissioner - Marlene Ross
S,ICAIOrdinanceslPlanninglLand UselSams Club doc
LEGAL DESCRIPTION
OF
PARCEL 1
7233 SEACREST BOULEVARD
PARCEL CONTROL NUMBER 00-43-45-09-23-000-0010
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER (NWI/4) OF SECTION 9,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND KNOWN AS
BEING PARCEL NO.1 OF HY-CREST CENTER, AS RECORDED IN PLAT BOOK 64, PAGE 177-178
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING FURTHER
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS DISK FOUND AT THE INTERSECTION OF THE
CENTERLINES OF HYPOLUXO ROAD (WIDTH V ARIES) AND SEA CREST BOULEVARD (80
FEET WIDE) AND BEING THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF
SECTION 9;
THENCE SOUTH 02029' 14" WEST ALONG THE CENTERLINE OF SEA CREST
BOULEVARD AND THE EASTERLY LINE OF THE NORTHWEST QUARTER OF SECTION 9,
696.58 FEET TO A POINT;
THENCE NORTH 87030'46" WEST, 40.00 FEET TO THE WESTERLY RIGHT-OF-WAY OF
SEA CREST BOULEVARD AND BEING THE PRINCIPAL PLACE OF BEGINNING OF THE
PREMISES HEREIN DESCRIBED;
THENCE SOUTH 02029'14" WEST ALONG THE WESTERLY RIGHT-OF-WAY OF
SEA CREST BOULEVARD, 522.21 FEET TO A PERMANENT REFERENCE POINT (5/8" IRON PIN
CAPPED #3935 FOUND (0.07 FEET NORTH AND 0.19 FEET EAST) AT THE NORTHEASTERLY
CORNER OF LAND CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC (PARCEL
CONTROL NUMBER 00-43-45-09-05-001-0020 & 00-43-45-09-00-000-3630) BY DEED DATED
DECEMBER 28, 2004 AND RECORDED IN O.R. BOOK 17943, PAGE 691 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE NORTH 88055' 16" WEST ALONG A NORTHERLY LINE OF LAND SO
CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 545.43 FEET TO A PERMANENT
REFERENCE POINT (5/8" IRON PIN CAPPED #3935) FOUND;
THENCE SOUTH 03027' 44" WEST ALONG A WESTERLY LINE LAND SO CONVEYED TO
KEATLEY INVESTMENTS-PALM BEACH, LLC, 160.14 FEET TO A P.K. NAIL & WASHER
FOUND IN ASPHALT PAVEMENT;
THENCE NORTH 88055' 16" WEST CONTINUING ALONG A NORTHERLY LINE OF LAND
SO CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 344.35 FEET TO A 5/8" IRON
PIN CAPPED #3935 FOUND AND DISTURBED ON THE EASTERLY R1GHT-Of-W A Y OF
INTERSTATE HIGHWAY NUMBER 95 (1-95);
THENCE NORTH 01001' 59" EAST ALONG THE EASTERLY RIGHT-Of-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95), A DISTANCE OF 180.00 FEET;
THENCE NORTH 36002' 54" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95), 143.16 FEET TO A POINT;
THENCE NORTH 10038' 03" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95), 587.24 FEET;
,I /1
i-XIY;/5 I T /1
TliE1'JCE NOF~TH 070251 2"4" Ei~.ST /\L(}l'JG THE E'^LSTERL") RJGHT l)F~V, .\~' j l~,
INTERSTATE !-IIGHWA Y NUMBER 95 (l-95), -:'.25 FEET ro A :; 8" IRON PI)\; C\PPED '"]<r;'
FOUND AND DISTURBED AT THE SOUTHWESTERLY CORNER OF LAND CONVF.YEDH'
KRISHNA REALTY, INC. (PARCEL CONTROL NUMBER 00-43-45-09-23-000-0022 \ BY DEED
DATED FEBRUARY 12,2000 AND RECORDED IN O.R. BOOK] 1607, PAGE 332 OF THE Pl'Bur
RECORDS OF PALM BEACH COUNTY. FLORIDA:
THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO
CONVEYED TO KRISHNA REALTY, INC 342.66 FEET TO A Ii" IRON PIN FOUND (0.06 FEET
NORTH AND 0.37 FEET WEST):
THENCE NORTH 02029' ]4" EAST ALONG THE EASTERLY LINE OF LAND SO
CONVEYED TO KRISHNA REALTY, INe., 152.37 FEET TO A POINT AT THE SOUTHWESTERL\'
CORNER OF LAND CONVEYED TO TACO BELL OF AMERICA, INC. (PARCEL CONTROL
NUMBER 00-43-45-09-23-000-0030) BY DEED DATED DECEMBER 28, 1999 AND RECORDED IN
O.R. BOOK 11529, PAGE 866 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA:
THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO
CONVEYED TO TACO BELL OF AMERICA, INC.. ]87.21 FEET TO A 10" IRON PIN FOUND (01:'
FEET SOUTH AND 0.33 FEET WEST);
THENCE NORTH 02029' ]4" EAST ALONG THE EASTERLY LINE OF LAND SO
CONVEYED TO TACO BELL OF AMERICA, INe., 301.75 FEET TO A POINT ON THE
SOUTHERL Y RIGHT-OF-WAY OF AFORESAID HYPOLUXO ROAD:
THENCE SOUTH 88053' 16" EAST ALONG THE SOUTHERLY RIGHT-OF-WAY OF
HYPOLUXO ROAD, 54.00 FEET TO A POINT AT THE NORTHWESTERLY CORNER OF LAND
CONVEYED TO MOBIL OIL CORPORATION (PARCEL NO.6) (PARCEL CONTROL NUMBER 00-
43-45-09-00-000-3070) BY DEED DATED APRIL 03, 1972 AND RECORDED IN O.R. BOOK] 997.
PAGE 176 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA:
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO
CONVEYED TO MOBIL OIL CORPORATION. 137.00 FEET TO A PERMANENT REFERENCE
POINT (5/8" IRON PIN CAPPED #3935) FOUND (0.01 FEET SOUTH AND 0.16 FEET WEST) AT
THE NORTHWESTERLY CORNER OF LAND CONVEYED TO MICHEL P. BARBERIS (PARCEL
CONTROL NUMBER 00-43-45-09-23-000-0040) BY DEED DATED APRIL 20, 2004 AND
RECORDED IN O.R. BOOK 16830, PAGE 129] OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
THENCE SOUTH 1 1031 '09 WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED
TO MICHEL P. BARBERIS, 60.75 FEET TO A POINT:
THENCE SOUTH 02029' 14" WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED
TO MICHEL P. BARBERIS, 142.00 FEET TO A POINT;
THENCE SOUTH 87030'46" EAST THE SOUTHERLY LINE OF LAND SO CONVE'{ED TO
MICHEL P. BARBERIS, 147.50 FEET TO THE WESTERLY LINE OF TRACT 'A' l'SED FOR
RlGHT-OF-W A Y OF SEACREST BOULEV ARD OF SAID HY-CREST CENTER:
THENCE SOUTH 02029'14" WEST ALONG THE RIGHT-OF-WAY OF SEACREST
BOULEVARD, 40.00 FEET TO A P.K. NAIL & WASHER FOUND IN ASPHALT PAVEMENT (0.10
FEET NORTH, 0.22 FEET WEST) AND BEING THE NORTHEASTERLY CORNER OF LAND
CONVEYED TO WAL-MART STORES, INe. (PARCEL 5) (PARCEL CONTROL NUMBER 00-43-45-
09-23-000-0050) BY DEED DATED JANUARY 24, 1989 AND RECORDED IN O.R. BOOK 5945,
PAGE ]460 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA:
THENCE NORTH 87030'46" WEST ALONG THE NORTHERLY UNE OF LAND SO
CONVEYED TO WAL-MART STORES, INe. (PARCEL 5), 166.00 FEET TO A P.K. NAIL SET IN
ASPHAL T PAVEMENT;
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY UNE OF LAND SO
CONVEYED TO WAL-MART STORES, INe. (PARCEL 5),260.00 FEET TO A 5/8"X30" IRON PIN
CAPPED (RIVERSTONE CO DUDLEY LS6527) SET;
THENCE SOUTH 87030'46" EAST ALONG THE SOUTHERLY OF LAND SO CONVEYED
TO WAL-MART STORES, INC. (PARCEL 5), PASSING THROUGH A PERMANENT REFERENCE
POINT (5/8" IRON PIN CAPPED #3935) FOUND (0.07 FEET SOUTH AND 0.12 FEET WEST) AT
166.00 FEET, A DISTANCE OF 178.00 FEET TO THE PRINCIPAL PLACE OF BEGINNING AND
CONTAINING 14.7961 ACRES OF LAND AS SURVEYED AND DESCRIBED BY EDWARD B.
DUDLEY, L.S. NO. 6527 OF THE RIVERSTONE COMPANY IN OCTOBER OF 2008, BE THE SAME
MORE OR LESS, BUT SUBJECT TO ALL LEGAL HIGHW A YS, EASEMENTS AND
RESTRICTIONS.
All 5/8"X30" IRON PIN SET AND CAPPED (RIVERSTONE CO DUDLEY LS6527)
DEED OF REFERENCE
LAND CONVEYED TO WAL-MART STORES, INC, BY DEED DATED JANUARY 24, 1989 AND
RECORDED IN OFFICIAL BOOK 5945, PAGE 1460 OF THE PUBUC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
BASIS OF BEARINGS:
THE CENTERLINE OF SEACREST BOULEVARD AS SOUTH 02029'14" WEST AS RECORDED IN
HY-CREST CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 64,
PAGE 177-]78 OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA;
SAM'S CLVB FUELING STATION SERVICE PUl\fPS PARCEL
(aka PARCEL 5)
LEGAL DESCRIPTION OF AREA OF INTEREST
A parcel of land lying in the Northwest Quarter (NW 1/4) of Section 9, Township 45 South.
Range 43 East, Palm Beach County, Florida, and kno\vn as being Parcel No. 5 of Hy-Cresl
Center, as recorded in Plat Book 64, Page 177-178 of the Public Records of Palm Beach County.
Florid, and being further bounded and described as follows:
COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road
(width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast corner of said
Northwest Quarter of said Section 9:
Thence South 020 29' 14" West. along the centerline of Seacrest Boulevard and the east line of
the Northwest Quarter of Section 9, a distance of 696,58 feet to a point:
Thence North 870 30' 46" West. a distance of 52,00 feet to a permanent reference point (5/8"
iron pin capped #3935) found on the westerly line of Tract "A" used for right-of-way of Seacresl
Boulevard and being the Principal PLACE OF BEGINNING of the premises herein described:
Thence continue North 870 30' 46" West, along a Northerly line of land conveyed to Wal-Mart
Stores, Inc. (Parcel No.1) (Parcel Control Number 00-43-45-09-000-0010) by deed dated
January 24, 1989 and recorded in O.R.B. 5945, Page 1460 of the Public Records of Palm Beach
County, Florida, a distance of 166.00 feet to a 5/8" x 30" iron pin capped (Riverstone Co
Dudley LS6527) set:
Thence North 020 29' 14" East, along a easterly line of land so conveyed to \Val-Mart Store~
Inc. (Parcel No.1) a distance of260.00 feet to a P.K. nail set:
Thence South 870 30' 46" East along a Southerly line of land so conveyed to \Val-Mart Stores.
Inc. (Parcel No.1), a distance of 166.00 feet to a P.K. nail and washer found in asphalt pavement
and being the Westerly right-of-way line of Seacrest Boulevard:
Thence South 020 29' 14" West along the Westerly right-of-way line of said Seacrest Boulevard.
a distance of 260.00 feet to the Principal PLACE OF BEGINNING, and containing 0.991 acres
of land as surveyed and described by Edward B. Dudley, L.S. No. 6527 of the Riverstone
Company in October of 2008, be the same more or less. but subject to all leg al highways.
easements and restrictions.
Note: All 5/8" x 30" iron pins set and capped (Riverstone Co Dudley LS6527).
Tn.
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r=PD!VI:
THP.oU':;H:
Dp,Tc:
PROJECT N,I\MEjNUfvlBEP,:
P,EQUEST:
DEVELOPMENT DEP'ARTrVUENT
PLANNING & ZONING DIVISION
!V1iEMlOP...ANDUM NO. PZ 018 - 104
Chair and IlI\embeis
Dlanning and De\l~I(]pmeIT[ BGal-ci
Hanna Iv'iatias
Senior Planner
'\ \.:
!v'iichael W. P.um!Jf
Director of Planning and Zoning
December 1, 2008
Sam's ClubjNortrStar/.L\I\JNEX 09-001-LU.L\P 09-002
To annex the two propelties, and to amend the Future Land Use
designation on 41.69 acres fmm Palm Beach County's
Commercial High with a maximum 5 dwelling units per acre
(CHjS) and Institutional and Public Facilities (II\!ST) to Local
Retail Commercial (LRC), and rezone from F'aim Beach County's
Commercial General (CG) and Residential IVlultifamily (RM) to
Planned Commercial Development (PCD) and C-3 Community
Commercial.
Property Owners:
Applicantj .L\gent:
Location:
PalTer Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT m:SCRIPTION
Walmart Stores #8140 and NorthStal- Cemetery Services of ;=L,
LLC
Bonnie IViiskel and Scott Sackman
7233 S:::acrest Bouievardj3691 S:::acrest Boulevard (E)(hibit "Arr)
15.80;:25.89 acres, a total of 41.69 acres
Sam's Club: Palm Bsach County's Commercial High with a
maxim um 5 dw:::liing units p:::r acre (CH/5)
NorthStai: Institutiona! and Public Facilities (IN:;!)
Sam's Club: Paim Bsach County's Commercial !:;enei-aliC(;:
NorthStar: Residential IVjultifamilv (RIVll
Local R:::tail Commercial (both Droperties)
Salll!s Club: Planned Commercial [levelopment (PCD)
l\iorth3tar: C-~: Community ':::omrnerciai
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Staff r~comm~nos aDpr-ovai of tne reaue:;t2c CJnl1-=:;;a1:ICJr; 12mc LL:;= amenJr'I':::;:-I1: ~nc
the followino r'C.'asons:
i i ~
1. T:le rsq:Jsst is consis'[snt witr t~le cmn,s~;atiol- cine CI',:I-=:: '':::le\l'[i'T:
the=ity's C.Clmprshen:;ive Pian.
-0] v~::: a:le: :JOil'C"
Tile ;JrODD5Sd amendment wil! D,:::nefit tn,::, ,=itl O\:::;InLiTJutlrIC Ie or 1=
""collom\ and it:: 'ca): bas':::.
=:at!or- '-I'
_, .
'1'1'::: :xoD,c!::;ed amsndm:::.nt WOLlIO not C:i'':::ate aci,ji1:w"cl' lillela:::1:::: ']' IT"2st:-j:::,::urc tr,ce:-
,:::annor IY:: accommodatc:d withll" C:cma:::ltIS: ,I' CJ,::nSi-aL':. ani :rT1[i2:i-~
upor auid:::ent 01 fl'C.'am\' oroIY::IL:isc,
PRQJ::CT ,ll;.INiAL Y515
I he tWCi Dropsri:is5 which al-'C.' suoject 0' til!:: :2\:-\0 ~::;=:. JrTlSnClnl'::crr w[a '-':1 ="-
tilei-sfoi-'=:.. the- DrOpOSe:o lan,j usr:: c:r,ange qL.iaiif1s: 2'.0 a iaro,:::-:;cale CilllenCJ:TI-::llt :JU;-C;Lia:T
=rlaptsr le: F,:;, Foliowinc local board revleV\' an,c _It\ _:.I~lr,\!::::;IDI 'JUDil'= i':-=:3
:;c:ai,::" amendment is L:ransmitted IL' th~ ~iClriGc =>sGo;crn'C'n-:: =O:T1:TIU~)I1:' p,;';'ai"::. Tl" '"::',1,::\/\ ,
c:ompl:all=~ wit'l the- state, regior,ai and tCic:al G)m~reri':n:;i\'=:, Di21i':: J,io' -:c cIJO:J1:IX,. =JllcWJI!
tn': I-eview 1C1':r-iod of aODrO)(imal'::l\ C{i da\ic,. ':J=)" [j!-OVICJ'C'S tl"'-==it\ \.lit! C. 'c:'~):)-::
findings irl ai' "'][nec:tiOIlc.1 P'2comm<:ndatiollc Ciile :::LiITJITien'..: =!F'::' F'::CiO:-::/. -:-'1-: =-=, ~:;I:" "
0C' c,a',': tc eitne' '1 i a:JoD1: th~ cl:TlenOmSnl c:::; 21:JO:[I: nl':C a:T!e~!Ji'-I'C'!l'
C:'lanoe::, ir :-'=5[IC)[;Se tc, th.:c ::::JF'.::: :-e~ICJ'-: ',' ;:T:: J:T''::: I JrI':CiT
lillOlTr >:L '11 ti-,cI =ICWIGc _'Law':,::.:- _I .- ::I,-,]"::-C,:'
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Fil,,=: Numb~r: LUAF', 09-002-P,[\jE)( 09-0Cll
Sam's ClubjNorthStar
ThiS proposed am~ndment is being reviewed for ti-ansmittal to the Florida uepartment of
Communit)l Affairs (D[,L\) , After t,ansmittal and DCA r~view, the propos'2d amendlll'::nt wil! b~
schedulc::d for adoption, tentatively in [v,ay 2009.
a. II//h-:::ther the propC'sed re7oi7ing II\IO:..//c' be consistent with applicable cornpr-:::f7.ensili2
plan policies including but not 11m iced w, a prohibition against an\' increase in
dwelling unit density exc-:::eding 50 in the hurricane -:::\/acuation 70/7e wit/7out written
approval of the Palm Beach Count) Emergency Planning Division and the City's risk
manager, The planning depafT,TJ=nt shall also recomm-:::nd limitations or
requiremenrs/ which would nave te' be imposed on subseQuent oevelopment of the
Dropert\; in order to comDII Ilvith policies contained in the comDren-:::i7s!i''f: plan.
The proposed rezoning is requested for d~\!elop~d properties and in conjunction with the
application for anne>:ation. The request is consistent with the City!s ann~>:ation piO';)ram as
described in the following objective and poiicies in the Comp,ehensive Plan:
Objecthre 1.15
Polievl. 15. 1
Policy 1.15.2
Pollc.II1.153
The City wi!! continue to expal!7Jd through 2mneJ:atiolli of encfal'es{
pockets and other contiguous properties.
The City shall continue to promote the orderly anne\'ation of lands
consistent with Chapter 171; Florida Statutes! and the Palm Beach County
Annexation Polic,v.
The Cit)i sha/I utilize four methods of annexation.'
1. I/oiuntaryannexationi
..., Annexation b,l' interlocal agreement with Palm Beach Count),~.
3. CompJj;ance vlIith pre-anne)\'ation Vl/ater sen/ice agreements from the
Cit\,~. and
4, Referendum.
The Ciry shall require ev:=rv propert,l/ being annexed into the Cit)/ to
concurrent/v aDDIv for land use amendment and rezoning to t7e City's
adopted land use classification and zoning district. N
The rc::quest is also consistent with Objective 1.17:
Objective 1..17
The City shall pursue economic deireiopment opportunities tiD
support a competitive and diversified economy.
Sam's Club will contribute to the diversification of the City's economy and the City's f!scal
profile, now overly dependent on the residential sector for its tay revenues.
b. Whether the proposed r-:::zoning would be cont,-ar} to the established land use
pattern/ or would create an i.solated district unrelat-:::d to adjacent and near{)!I
d/stric!:s, or would constitute 3 grant of sp-::: cia I privilege to an individual propert,l/
owner 25 conrrasted with the prorection 0,'= the public welfare.
I Ile Droposed l"ezor1mg is reou::5[ed for developed properties and in conjunction with the
applicatiorl fo,' annexation. Th,= uses of both DrODerties have been long established under the
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File Number: LUAR 09-002-ANEl OS-DOl
Sam's ClubjNolthStar
The future addition of a crematorium will have a marginal impact, accounted for in the above
table. The geneiation rates for office and church US'2S are appli'2d in d'2mand calculations fOI- the
e>dsting funeral home and chap'2! buildings.
!Datable Water raci~ities
Ivvat::r Plant Capacity; 1.P'=al", daYI I
ICommltted capacity (accual flow + r::s<::rvedcapaclty, P'=3 k davi
!lR.emaining capacity I
!SFWIV1D p<::rmitted withdrawals (av<::rage day) I
!Contracted amount to purchasE: from County I
I E>cpi,ation date of wat::r use permit I
*lnclud::" 5.000,ClOO conti-acted to purchase fa:' Pain-: BE:d.=h County
2.7,000,000
23,622,289
3,377,711
21,.190,OClO
5,000,0001
August 14,2010
p.s shown, the projected increas'2 in water demand is insignificant 2S compared to th"" r'2fTlainlng
capacity. Likewis'2, the additional sewer capacity that would be required for th"" NorthStar
cemetery in the future is minimal and can easily b'2 accommodated by th:: City's facilities.
Sewer Demand
Land Use Generation Rate IUnits [Total GD!l
Existing I Proposed Offic::/CrematorJ m 25 GPD p<::r employe~ 16 1400
Church 5 GPD per seat !120 600
l,OiOO
5al1itary Sewer Faciiities
S<::w::r Treatm<::nt Capacity
Committed or allocated capacity (IvJGD)
Available capacity (MGD)
24 MGD
18.56
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Sonid Waste
The Palm Beach County Solid VVaste ,l\uthority has stated that adequate capacit)! exists to
accommodate the county's municipalities thmugrlout the lO-ysar planning p::riod.
Draill1Oi[l!e
Drainage will also be reviewed in d'2tail as pat of the site plan approval proc::ss, and must
satisfy all requirements of the city and local diainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the CUi~-ent and rurure
use or adjacent and nearb}. properties:, or ill/ould affect the DropertJ values 0':
adjacent or nearby properties.
Th:: use of the subject properti'2s will not change; the proposed rezoning will b"" compatibiE:
with adjacent and nearby properties. The proposed land us:: and zoning for th'2 Sam's Club
property is similar to the current County lard us:: and zoning d:::signations. Th'2 Local Rei:ail
Comm::rcial land use classification is pmpos<=:d for both th"" Sam's Club and th'2 !\JorthStar
property. Both properti:::s would also hav'2 commel-cial zoning d:::signations, with ::1 pee zoning
I-equ:::sted for Sam's Club and C- 3 zoning fo:- NOlthS'Lar. The [\JorthStar cemeterv, which !:: CI
commercial enterpl-ise, constitutes an appropriate transitiorlal use betwe::1l the hl;:1I-, Intensiry
commercial Sam's Club to the nOlth and I-esiciential uses tel the:' south, ':;iver! the unf':::2sibilitv of
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rile ["lumber: LUAP 09-002-AI"lEY 09-DOl
Sam's Club/Noli:hStar
The plan depicts parking on all sides of the property, with the largest parking fields to the east
and north of the eyi,sting Sam's structure. With the incluslorl of the gas and carwelsh facilityr the
site pro:>oses 683 pal-kirlg spaces, four- (4) soac.:::s in ::)(cess of the requir::d 679. Access to th.::
property would be through four- (4) existing dri\/ewavsr one (1) from HVpoluyo F~Gad, just east
of Seacrest Soulevardr and th~ee (3; e/!sting drives off of Seac:rest Boul::var-d, at the northelTI
eO;1:::, c':.nter and south':.ln ':.og::: of the sit:::. The sii:'C: I-,as tram.: mcula1:ion conloletely arourld
the site and e)(isting and proposed structur:::s, for eas::: of s:::rvic::: o:::iiv:::rv and emerg:::ncy
access.
Planned Commer.cial District regulations establish s:::tbacl'.s and buffers in e)(cess :Jf standard
commercial zoning' districts. Th:: ':.)(isting 134,100 squar::: foot building would exceed all of the
district setback requirements; front - 40' requlr.:::d/3551 provided, side - 30' required/451 8" 270'
provided, and r:::ar - 40' required/55' provided. As for setbacl~ requir':.ments applicable to the
oroposed gas and carwash facility, the code sets forth special setback regulations for gas
stationsr which would be met with the plan submitted; front - 35' required/36' proposed, side -
20' required/555' &, no' proposedr and real' - 20' required/220' provided. Burrers are to be
d:::signed in accord with the pei-iphei-al greenbelt regulationsr which require a minimum 10 foot
landscape greenbelt area around the entire sit.:::. As this is a developed siter approved under
Palm Beach County zoning regulations, the siter including numerous tree preservation
easements, complies with this requirement, except ror an approximate 190 root long segment
along the south side of the building abutting the cemetery property. Since only this small strip
fal!s short of the PCD requirement, staff will require a denser planting scheme to be
accomplished when the formal site plan is brought rorward in the future to approve the g2S and
carwash facilitv addition. A final code provision of note within the special gas station regulations
associated with Planned Commercial Development districts requires gas pump islands and
associated canopies be located a minimum of 200 feet from any public right-of-way. As this
requirement would place the fueling operations directly in front of the front door to the existing
Sam1s Club building and would displace the established and most convenient customer parkingr
staff suggests that a code amendment be undertaken to accommodate those properties
requesting peD zoning with existing improvements, which are annexed into the City. All other
aspects of development review will be accomplished during the site plan review process
associated with the previously mentioned future improvements.
Relative to the NorthStar Cemetery Services of FL, LLC request for C- 3 zoning, a master pian is
not required as part of the rezoning. The appiicant has suggested th,:: possibility of modifying
the site at some point in the future to accommodat,:: a crematorium. When the aoplicant is
ready to bring forward such a proposal, staff will initiate the necessary site plan review process.
CONCU..!!SJIO!\~s.! RECOM'VUENDA.TIOI'~5
The request is consistent with th,:: objectives of th:=: Cit/s annexation program and relevant
policies in th,:: Comprehensive Pian. rurthermore, it will benefit the City's economy without
creating additional impa:LS on inrrastructur:=: that cannot be accommodated within e)(isting
capacities, and without gen'::rating allY negatlv::: impac-:..S upon adjacent or nearbv properties.
Therefore[ staff recommend~ that the subject request be approved.
/',TTLl.CH!ViEI\iT5
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
Owner:
January 20, 2009
Location:
Description:
B.
Project:
Agent:
Owner:
Location:
Description:
Walmart Stores #8140/Northstar Cemetery Services of Florida,
LLC
West of North Sea crest Blvd, South of Hypoluxo Rd. 7233
Seacrest Blvd and 3691 Seacrest Blvd.
Request to annex the properties. (Sam's Club -- 1st Reading
Proposed Ordinance No. 09-003) (Northstar - 1st Reading
Proposed Ordinance No. 09-004)
Sam's Club/Northstar (LUAR 09-002)
Bonnie Miskel and Scott Backman
Walmart Stores #8140/Northstar Cemetery Services of Florida,
LLC
West of North Seacrest Blvd., South of Hypoluxo Road, 7233
Seacrest Blvd. and 3691 Seacrest Blvd.
Request to amend the Comprehensive Plan Future Land Use Map
classification on :1::41.49 acres of land from Commercial High
(CHIS) and Institutional (Palm Beach County) to Local Retail
Commercial (LRC).(Sam's Club -- 1st Reading Proposed
Ordinance No. 09-005) (Northstar - 1st Reading Proposed
Ordinance No. 09-006)
Request to rezone from Palm Beach County Commercial General
(CG) and Residential Multifamily (RM) to Planned Commercial
Development (PCD) and C-3, Community Commercial. (Sam's
Club -- 1st Reading Proposed Ordinance No. 09-007)
(Northstar _1st Reading Proposed Ordinance No. 09-008)
Hanna Matras, Senior Planner addressed the annexation, land use amendment and rezoning for
both Items VIII. A and B. The request covered two properties; Sam's Club and Northstar
Cemetery. It included a total of 41.49 acres. She reviewed the current zoning designations and
the request to change to Local Retail Commercial. Sam's Club would be Planned Commercial
Development zoning and Northstar would be C-3, Community Commercial. There would be no
current changes to the existing uses. In the future, Sam's Club would be adding a fueling
facility and Northstar would be adding a crematorium. Staff recommended approval of the
annexation, land use amendment and rezoning. The requests met all the necessary criteria for
approval as outlined in the staff report.
Scott Backman, legal counsel for the applicants, commended staff for their cooperation. He
was present to answer any questions. Attorney Cherof pointed out the requests would return
to the Commission after transmission for approval by the Department of Community Affairs. A
separate annexation agreement would be brought before the Commission also. Any conditions
of approval would be included in the annexation agreement.
Mayor Taylor opened the issue for public hearing or comment.
No one coming forward, Mayor Taylor closed the public hearing.
11
Meeting Minutes
Regular City Commission
Boynton Beach, Fl
January 20, 2009
Attorney Cherof read Proposed Ordinance No. 09-003 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-003. Commissioner Weiland
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-004 by title only on first reading.
Motion
Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 09-004. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-005 by title only on first reading.
Motion
Commissioner Weiland moved to approve Proposed Ordinance No. 09-005. Commissioner Hay
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-006 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-006. Commissioner Ross
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-007 by title only on first reading.
12
XII. - LEGAL
DEVELOPMENT
ITEM A.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 21, 2009 i\priI6,2009ONoon) ld8J June 16, 2009 Junel,20090N00n)
0 Mav 5,2009 i\priI20, 2009 (Noon) 0 Julv 7,2009 June 15,2009 (Noon)
0 Mav 19,2009 Mav4, 2009 ONoon) 0 July 21, 2009 July 6, 2009 ONoon)
0 June 2, 2009 May18,2009ONoon) 0 i\ugust 4, 2009 July 20, 2009 ONoon)
0 i\nnouncements/Presentations 0 City Manager's Report
NATURE OF 0 i\dministrative 0 New Business
AGENDA ITEM 0 Consent i\genda ld8J Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please maintain this as a tabled request on the June 16,2009 City Commission Agenda
under Legal, Ordinances - Second Reading. The City Commission tabled this request so that 2nd reading coincides with the
final review of the corresponding code amendment and to allow additional time for the applicant to work toward resolutions
to concerns raised by the adjacent property owner. The City Commission on January 20, 2009 approved this item (including
First Reading of the Ordinance) for transmittal to the Department of Community Affairs (DCA). The State's review is
completed and the ordinance has been prepared for adoption. For further details pertaining to this request, see attached
Department Memorandum No. 08-104.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
Northstar (LUAR 09-002)
Bonnie Miskel and Scott Backman
Walmart Stores #8140 / N orthstar Cemetery Services of Florida, LLC
West of North Seacrest Boulevard, South of Hypoluxo Road, 7233 Seacrest
Boulevard and 3691 Seacrest Boulevard
Request to amend the Comprehensive Plan Future Land Use Map classification
on ::t4l.49 acres ofIand from Commercial High (CH / 5) and Institutional (Palm
Beach County) to Local Retail Commercial (LRC).
DESCRIPTION:
PROGRAM IMPACT: N/ A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
Development Depa I
~
City Manager's Signature
J1=
Assistant to City Manager j ,
z
Planning and Zon' irector City Attorney I Finance
S:\Planning\SHARED\WP\PROJECTS ams Club PB Memorial\LUAR 09-002\Agenda Item Request Northstar Amend LUAR 09-001 6-16-09.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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ORDINANCE NO. 09-ft0.
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING ORDINANCE 89-38
BY AMENDING THE FUTURE LAND USE ELEMENT
OF THE COMPREHENSIVE PLAN FOR A PARCEL
OWNED BY NORTHST AR CEMETERY SERVICES OF
FLORIDA LLC., AND LOCATED AT 3691 SEA CREST
BOULEVARD; CHANGING THE LAND CSE
DESIGNATION FROM INSTITUTIONAL AND PUBLIC
FACILITIES (INST) TO LOCAL RET AIL
COMMERCIAL; PROVIDING FOR CONFLICTS,
SEVERABILITY, AND AN EFFECTIVE DATE.
15
WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
16
a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
17
pursuant to Ordinance No. 89-38 and in accordance with the Local Government
18
Comprehensive Planning Act; and
19
WHEREAS, the procedure for amendment of a Future Land Use Element of a
20
Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed: and
21
WHEREAS, after two (2) public hearings the City Commission acting in its dual
22
capacity as Local Planning Agency and City Commission tinds that the amendment
23
hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
24
the best interest of the inhabitants of said City to amend the aforesaid Element (..If the
Comprehensive Plan as provided.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
herein by this reference.
S :\CA \Ordmances\PlanninglLand UselNorthstar.doc
,I
..L.
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
2 following:
3 That the Future Land Use of the following described land located at 3691 Seacrest
4 Boulevard changing the land use designation from Institutional and Public Facilities (INST) to
5 Local Retail Commercial:
6
7 See legal description atta::hed hereto as Exhibit "A"
8
9
10 Subject to easements, restrictions, reservations, covenants and rights-
11 of-way of record,
12
13
14 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
15 Future Land Use Plan shall be amended accordingly.
16 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
1 7 Section 5: Should any section or provision of this Ordinance or any portion thereof be
18 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
19 remainder of this Ordinance.
20 Section 6: The effective date of this plan amendment shall be the date a final order is
21 issued by the Department of Community Affairs finding the amendment to be in compliance in
22 accordance with Chapter 163,3184, F.S.; or the date a final order is issued by the Administration
23 Commission finding the amendment to be in compliance in accordance with Section 163.3184,
24 F.S,
25 FIRST READING this ~ day of Ja..nLl.l:J...{T-' 2009.
s: \CA \OrdinanceSIPI ann ing\Land U se\Northstar. doc
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SECOND, FINAL READING mid PASSAGE this
. n\)...,~
-! ,...,....' .
uav U1
2
CITY OF BOYNTON BEACH. FLORID.\
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
! I
S'ICA\Ordinances\PlanninglLand UselNorthstar.doc
II
KEATLEY INVESTMENTS, Inc. CEMETERY PARCEL
LEGAL DESCRIPTION OF PALM BEACH MEMORIAL PARK
Situated in the County of Palm Beach, State of Florida, and knows as being a part of the re-plat
of part of Lincoln memorial Gardens, as recorded in Plat Book 25, Page 225, and further
described as follows:
COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road
(width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast corner of
Northwest Quarter (NW 1/4) of Section 9, Township 45 South, Range 43 East, Palm Beach
County, Florida;
Thence South 020 29' 14" West, along the centerline of Seacrest Boulevard and the east line of
said Northwest Quarter of Section 9, a distance of 1,218.79 feet to a point;
Thence North 870 30' 46" West, a distance of 40.00 feet to a point on the West right-of-way line
of said Seacrest Boulevard, and being 20.30 feet South of the North line of the re-plat of Lincoln
Memorial Gardens, and the POINT OF BEGINNING;
Thence South 020 29' 14" West along the West right-of-way line of said Seacrest Boulevard, a
distance of 1,391.26 feet to a point; thence North 870 30' 46" West, a distance of 92.00 feet to a
point; thence South 02029' 14" West, a distance of 93.00 feet to a point; thence North 870 30'
46" West, a distance of 81.83 feet to a point; thence North 010 01' 59" East, a distance of 156.13
feet to a point; thence North 87030' 46" West, a distance of 33.81 feet to a point; thence North
01001' 59" East, a distance of2.74 feet to a point; thence North 870 30' 46" West, a distance of
326.39 feet to a point; thence South 01001' 59" West, a distance of 12.00 feet to a point; thence
North 8r 30' 46" West, a distance of 148.72 feet to a point; thence South 010 01' 59" West, a
distance of 19.03 feet to a point; thence North 870 30' 46" West a distance of 176.44 feet to a
point on the East right-of-way line State Route 9 (Interstate 95), a variable width public right-of-
way; thence North 010 01' 59" East, along the East right-of-way line of said State Route 9, a
distance of 1,174.86 feet to a concrete disk found; thence South 880 55' 16" East, a distance of
344,35 feet to a point; thence North 030 27' 44" East, a distance of 160.14 feet to a point; thence
South 880 55' 16" East, a distance of 545.43 feet to the POINT OF BEGINNING.
Said parcel contains 25.89 acres of land, more or less.
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File [\Jumber: LUAP 09-002-,L\I\JEX 09-001
Sam!s Clubj[\JorthStar
Adjacent Uses:
r'~orth :
South:
Developed commercial pmperties in unincorporated F'alm
Beach Coumy, designated CH/5 and zoned Cr=:;, Farth'2r nOlth
right-of-way of Hypolw<cl Road.
Undevelopeo parcel desigr-,ated High Densit)' F,e:;iaemial
(HDP,) and zoned IVJulti-Family Residential (F'- 3), then
townhomes (Pi ne Point Vil12s I::::ondo) ci2ssified High Density
F'esidential (HDP.) and zoned IVlult'-famiiy P,esidentia! W-3),
cast:
Pjght-of-way of Seacre5t Boulevard, farther ea5t single-family
homes (San Castle 5ubdivision) in unincorporated Palm Beach
Count)', desigrlated lV\edium Density Residential (IVJF'-5) and
zoned ReSidential IVJultifamily (Rfv'!); to the northeast,
developed and vacant commercial pmperi:ie:, in Lantana,
designated and zoned Ci-Commercial.
West:
Right-of-way of Interstate 1-95.
=X::CUTI\f:: 5fLJlM'II1IARY
Staff recommends approval of the requested annexation, land use amendment and rezoning for-
the following reasons:
1. The request is consistent with the anne);ation and other- relevant objectives and polici'2s
of the City's Comprehensive Plan.
I
The proposed amendment wili benefit th'2 City by contributing to the diversification of its
economy and its tale base.
3, The proposed amendment would not create additiol,al impacts or, infrastructure that
cannot be accommodated within existing capacities, or generate anv negative impacts
upon adjacent or nearby properties.
PROJECT ,!5;..NAL \"'515
The two properties which are the subject of this iand use amendment total 41.69 acres;
therefore, the proposed land use change qualifies as a large-scale amendment pursuant to
Chapter 163 F.S. Following local board review and City Commission public hearing, a "large-
scale" amendment is transmitted to the Florida D'2paILment of Community Affairs for review for'
compliance with the state, regional and locai comprehensive pians prior to adoption. ;=ollowing
the review period of approximately 60 days, DCA provides the City with a reDOli of their'
findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has
60 days to eith::r (1) adopt the amendment as transmitted, (2) adopt the amendment with
chang::5 in response to th'2 ORC report, or (3) determine not to adopt the amendm::nt and
inform DC;\, of that d::cision. According to Florida 5;::atutes ':hapter 163, iarge-s::ale
amendments may only be adopted during tWO am'2ndrnent cveie: sachcalend,r \lear, Tnls
amendment request is a part of the 15' munc' of amendmen-u; for the 20C.\~i calendar \/sar.
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File Number: UJAP. 09-Cl02-AI\lC:)< OS-DOl
Sam's ClubjNorthStar
Palm Beach County's land use and zoning desigr,ations. [\lo changes in use are planned ror
either propen:y.
L..
Id.1,1etner changed or cna/7qing conditions make t/7e proposedre::oiing d:si;-aoie.
The proposed amendment is requesi::ed in conjunction with an application for annei:ation. The
eyisting F'alm Beach County land L!se designation and zoning mL!st be changed to the city land
US'2 designation and zoning district.
O. Wheth:::r the proposed use would be cOlTlDarible Ivith utilit) 5,lstelTlS, roadI/Va!/5, and
other pUDlle faciliti:::s.
lJ5 stated, the proposed land use amendment does not entail changes to current L!se or the
subject properties. The addition of an accessory fuelling facility is currently planned for the
Sam's Club (se'2 the lViaster Plan review in the last section of this r-eport); 2' carvv'ash may be
added later. The NOlthStar Cemetery Services !s planning to add a crematorium sometime in the
future. Both planned additions represent minimal impact upon municipal services 2S oescribed
below.
Traffic
The refueling facility will be an ancillary use for the Sam's Club and thus there will be a large
proportion of shared trips between the two. The facility will be available exclusively to the Club's
members and will require a membership card for pump activation. The tr-ip characteristics'
analysis done for similar projects indicate the intemal trip capture of over 50%.
Likewise, the future addition of the crematorium to the NorthStar's cemetery will not have a
significant imoad on the surrounding roadways.
At the time of the site plan application for the respective additions, the concurrency traffic
impact analysis or statement will be provided and will be reviewed bV the County for
consistency with the Pal Beach County TI-affic Periormance Standal-ds or-dinance.
lD'otabue \Nater arrud Sewer
The City provides both water and sewer services to the Sam's Club property. The addition of a
fuelling si::ation will not have a significant effect on the site's ovei-all water demand and, since
Sam's Club carwash facilities utiiize recycled water, a carvvash facility would also have a
negligible impact.
Upon annexation, the City will provide water to the NOlthStar cemetery, but due to the need for,
and the cost of, the extensive on-site improvements, NorthStar-'s connection to the Citv's sewer-
system will be postponed. IVioreoverf the facility will continue to use well water for irrigation
purposes.
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llanid \Use
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IGelrEratiolT1 r~aino I Units
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File I\lumber: LUAP 09-002-AI\lEX 09-001
Sam's Club/f\JoiihStar
redevelopment of a large e)(isting cemetery, a proposed commercial zoning has a negligible
potential for rlegative impact on nearby residenti al properties in the future.
The propos<::d commercial land use and zoning designation for the NorthStar cemeterv will
accJmmodate the plan to subsequently add a ci2rilatorium, It also r-eflects a cornmer-:ial, ,ather
tha,l a puolic use of the property. H should also be noted that the commercia! zoning would
accommodate the placement of a billboard on the cemetery propertv, pursuant to Florida
Statutes and the 2.001 se'ctlement agreement between the City and two adv::rtising
corpoi-ations. The:: settlement allows for the plaC2m-2nt of a set number of billboards at various
locations along the 1-95 right-of-way, subject to r in part, a residential sepa,ation standard and
all applicable siting standar-ds of Florida Statutes. The subject property wouid allow for the
citing of one of the two rerr,aining billboards allowed under the agreement, with minimal
imGact5 on residential and other land u:;es.
The requested (-3 zoning for the NorthStar propertv will require a code amendment, which
staff will propose and initiate to be timed with ultimate adoption of the subject request. The
code amendment is necessary as the current C- 3 regulations only allow a funeial home 2S a
permitted use and funeral home with a crefTlatorium as a conditional use. The amendment
would establish a cemetery in conjunction with a fune,al home 2S a permitted L!se in the (-3
zoning district.
f. Whether the property is physicall;- and economically developable under the existing
zoning.
The proposed reclassification/rezoning involves developed properties and is a necessary action
in conjunction with an annexation.
a. /lt/hether the proposed rezoning is of a scale which is reasoriabl,l related to the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning is reasonably related to the needs of the
neighborhood and the city as a whole (see above sections "e" and "f").
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allo/;jled.
The proposed amendment is requested for the alieady developed properties and in conjunction
with an appiication for annexation. No use chang2s are planned for either- propertv.
!vjj,!'SiiE:R PLAN ANAL Y5IS FOIR SA,~'S CLUB
When requesting to rezone property to a planned district, such cs Planned Commercial
Deveiopment (peD), the applicant is required to submit a fViaster Plan depicting th,:, location of
site improvements, proposed ti-affic patterns and sit,:, data. Since th,:, existing Sam's Club is
requesting PCD zoning, the aoplicant has submitted the requisite mcster plan, The master plan
depicts the existing one-story, 134,100 square foot Sam's Club building situatec in the
southwest corner of the pmoerty, c5 well 2S a propo:;ed Sam's membership ;ic~ s'cation anel
:::arw2sh faciiity in tile northeast corne, of the propeIT\.
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
Owner:
January 20, 2009
Location:
Description:
B.
Project:
Agent:
Owner:
Location:
Description:
Walmart Stores #8140jNorthstar Cemetery Services of Florida,
LLC
West of North Seacrest Blvd, South of Hypoluxo Rd, 7233
Seacrest Blvd and 3691 Seacrest Blvd.
Request to annex the properties. (Sam's Club -- 1st Reading
Proposed Ordinance No. 09-003) (Northstar - 1st Reading
Proposed Ordinance No. 09-004)
Sam's Club/Northstar (LUAR 09-002)
Bonnie Miskel and Scott Backman
Walmart Stores #8140/Northstar Cemetery Services of Florida,
LLC
West of North Seacrest Blvd., South of Hypoluxo Road, 7233
Seacrest Blvd. and 3691 Seacrest Blvd.
Request to amend the Comprehensive Plan Future Land Use Map
classification on :i::41.49 acres of land from Commercial High
(CHIS) and Institutional (Palm Beach County) to Local Retail
Commercial (LRC).(Sam's Club -- 1st Reading Proposed
Ordinance No. 09-005) (Northstar - 1st Reading Proposed
Ordinance No. 09-006)
Request to rezone from Palm Beach County Commercial General
(CG) and Residential Multifamily (RM) to Planned Commercial
Development (PCD) and C-3, Community Commercial. (Sam's
Club -- 1st Reading Proposed Ordinance No. 09-007)
(Northstar _1st Reading Proposed Ordinance No. 09-008)
Hanna Matras, Senior Planner addressed the annexation, land use amendment and rezoning for
both Items VIII. A and B. The request covered two properties; Sam's Club and Northstar
Cemetery. It included a total of 41.49 acres. She reviewed the current zoning designations and
the request to change to Local Retail Commercial. Sam's Club would be Planned Commercial
Development zoning and Northstar would be C-3, Community Commercial. There would be no
current changes to the existing uses. In the future, Sam's Club would be adding a fueling
facility and Northstar would be adding a crematorium. Staff recommended approval of the
annexation, land use amendment and rezoning. The requests met all the necessary criteria for
approval as outlined in the staff report.
Scott Backman, legal counsel for the applicants, commended staff for their cooperation. He
was present to answer any questions. Attorney Cherof pointed out the requests would return
to the Commission after transmission for approval by the Department of Community Affairs. A
separate annexation agreement would be brought before the Commission also. Any conditions
of approval would be included in the annexation agreement.
Mayor Taylor opened the issue for public hearing or comment.
No one coming forward, Mayor Taylor closed the public hearing.
11
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 20, 2009
Attorney Cherof read Proposed Ordinance No. 09-003 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-003. Commissioner Weiland
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-004 by title only on first reading.
Motion
Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 09-004. Commissioner Hay
seconded the motion.
Y.Qt@
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-005 by title only on first reading.
Motion
Commissioner Weiland moved to approve Proposed Ordinance No. 09-005. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-006 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-006. Commissioner Ross
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-007 by title only on first reading.
12
({('.......::.o..
1." ..
~
't .,~...".- . .- .: -.. \
. U
XII. - LEGAL
DEVELOPMENT
ITEM A.S
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to Citv Clerk's
Office
0 A ri121, 2009
0 Ma 5,2009
0 Ma 19,2009
0 June 2, 2009
[gJ June 16,2009
June 1, 2009
7,2009
Jul
21,2009
Jul
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [gJ Legal
0 Code Comnliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please maintain this as a tabled request on the June 16, 2009 City Commission Agenda
under Legal, Ordinances - Second Reading. The City Commission tabled this request so that 2nd reading coincides with the
fmal review of the corresponding code amendment and to allow additional time for the applicant to work toward resolutions
to concerns raised by the adjacent property owner. The City Commission on January 20,2009 approved this item (including
First Reading of the Ordinance) with the corresponding Land Use Amendment which was transmitted to the Department of
Community Affairs (DCA), The State's review is completed and the ordinance has been prepared for adoption. For further
details pertaining to this request, see attached Department Memorandum No. 08-104.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
Sam's Club (LUAR 09-002)
Bonnie Miskel and Scott Backman
Walmart Stores #8140 / Northstar Cemetery Services of Florida, LLC
West of North Seacrest Boulevard, South ofHypoluxo Road, 7233 Seacrest
Boulevard and 3691 Seacrest Boulevard
Request to rezone from Palm Beach County Commercial General (CG) and
Residential Multifamily (RM) to Planned Commercial Development (PCD) and
C-3, Community Commercial.
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Development De
'~~
Jl;:~i - ,;n,g"" , Signature
Assistant to City Manage~
Planning and Zo irector City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS ams Club PB Memorial\LUAR 09-002\Agenda Item Request Sam's Club Rezone LUAR 09-001 6- J 6-09.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 09-0t) ;:
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF WALMART STORES #8140,
6 AMENDING ORDINANCE 02-013 TO REZONE A
7 PARCEL OF LAND LOCATED AT 7233 SEACREST
8 BOULEVARD, AS MORE FULLY DESCRIBED
9 HEREIN, FROM COMMERCIAL GENERAL (CG)
10 (PALM BEACH COUNTY) TO PLANNED
11 COMMERCIAL DEVELOPMENT (PCD);
12 PROVIDING FOR CONFLICTS, SEVERABILITY,
13 AND AN EFFECTIVE DATE.
14
15 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
16 adopted Ordinance No. 02-013. in which a Revised Zoning Map was adopted for said Cit\,
1 7 and
18 WHEREAS, Walmart Stores #8140. owner of the property located at 7233 Seacrest
19 Boulevard, in Boynton Beach, Florida, as more particularly described herein, has filed a
20 Petition. through its agents, Bonnie Miskel and Scott Backman, pursuant to Section q of
21 Appendix A-Zoning, of the Code of Ordinances. City of Boynton Beach. Florida, for the
22 purpose of rezoning a parcel of land, said land being more particularly described hereinafter,
23 from Commercial General (CG) (Palm Beach County) to Planned Commercial Development
24 (PCD); and
25 WHEREAS, the City Commission conducted a public hearing and heard testimony
26 and received evidence which the Commission finds supports a rezoning for the property
27 hereinafter described; and
28 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
29 an amendment to the Land Use which was contemporaneously considered and approved at
30 the public hearing heretofore referenced; and
S:IC AIOrdinances\Planning\RezoningRezoning -Sams Club doc
1 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
2 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
5
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
6 herein by this reference.
7
Section 2.
The following described land located at 7233 Seacrest Boulevard in
8 Boynton Beach, Florida, as set forth as follows:
9
10 See Legal Description attached as Exhibit "A"
11
12
13 Subject to easements, restrictions, reservations, covenants and
14 rights-of-way of record.
15
16 be and the same is hereby rezoned from Commercial General (CO) (Palm Beach County) to
17 Planned Commercial Development (PCD). A location map is attached hereto as Exhibit "B"
18 and made a part of this Ordinance by reference.
19 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
2 0 accordingly.
21
Section 4, All ordinances or parts of ordinances in conflict herewith are hereby
2 2 repealed.
2 3 Section 5. Should any section or provision of this Ordinance or any portion thereof
24 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
25 the remainder of this Ordinance.
26 Section 6. This ordinance shall become effective immediately upon passage,
27 FIRST READING this ~ day of JOJ\U"q...r1 ' 2009.
S :\CA \OrdinanceSJ>lanning\Rezoning\Rezon ing -Sams CI ub, doc
i
I
I
J
1.
SECOND. FINAL READING and PASSAGE this
ua y () 1
, :'::OU'-l
CITY OF BOYNTON BEACH, FLORIDA
2
3
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8
9
10
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15
16
17 ATTEST:
18
19
20 Janet M. Prainito, CMC
21 City Clerk
22
23
24 (C orporate Seal)
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
II
I,
S leA \Urdinances\Plannmg\RezoningRezoning -Sams Clun doc
LEGAL DESCRIPTION
OF
PARCEL 1
7233 SEA CREST BOULEVARD
PARCEL CONTROL NUMBER 00-43-45-09-23-000-0010
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER (NWI/4) OF SECTION 9,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND KNOWN AS
BEING PARCEL NO.1 OF HY-CREST CENTER, AS RECORDED IN PLAT BOOK 64, PAGE 177-178
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING FURTHER
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS DISK FOUND AT THE INTERSECTION OF THE
CENTERLINES OF HYPOLUXO ROAD (WIDTH VARIES) AND SEACREST BOULEVARD (80
FEET WIDE) AND BEING THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF
SECTION 9;
THENCE SOUTH 02029' 14" WEST ALONG THE CENTERLINE OF SEACREST
BOULEV ARD AND THE EASTERLY LINE OF THE NORTHWEST QUARTER OF SECTION 9,
696.58 FEET TO A POINT;
THENCE NORTH 87030'46" WEST, 40.00 FEET TO THE \VESTERL Y RIGHT-OF-WAY OF
SEACREST BOULEVARD AND BEING THE PRINCIPAL PLACE OF BEGINNING OF THE
PREMISES HEREIN DESCRIBED;
THENCE SOUTH 02029'14" WEST ALONG THE WESTERLY RIGHT-OF-WAY OF
SEACREST BOULEVARD, 522.2 1 FEET TO A PERMANENT REFERENCE POINT (5/8" IRON PIN
CAPPED #3935 FOUND (0.07 FEET NORTH AND 0.19 FEET EAST) AT THE NORTHEASTERLY
CORNER OF LAND CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC (PARCEL
CONTROL NUMBER 00-43-45-09-05-001-0020 & 00-43-45-09-00-000-3630) BY DEED DATED
DECEMBER 28, 2004 AND RECORDED IN O.R. BOOK 17943, PAGE 691 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE NORTH 88055'16" WEST ALONG A NORTHERLY LINE OF LAND SO
CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 545.43 FEET TO A PERMANENT
REFERENCE POINT (5/8" IRON PIN CAPPED #3935) FOUND;
THENCE SOUTH 03027' 44" WEST ALONG A WESTERLY LINE LAND SO CONVEYED TO
KEATLEY INVESTMENTS-PALM BEACH, LLC, J60.I4 FEET TO A P.K. NAIL & WASHER
fOUND IN ASPHALT PA VEMENT;
THENCE NORTH 88055' 16" WEST CONTINUING ALONG A NORTHERLY LINE OF LAND
SO CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 344.35 fEET TO A 5/8" IRON
PIN CAPPED #3935 FOUND AND DISTURBED ON THE EASTERLY RIGHT-Of-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95);
THENCE NORTH 01001' 59" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95), A DISTANCE OF 180.00 FEET;
THENCE NORTH 36002' 54" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTA TE HIGHWA Y NUMBER 95 (1-95),143.]6 FEET TO A POINT;
THENCE NORTH 10038' 03" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTA TE HIGHWAY NUMBER 95 (1-95), 587.24 FEET;
(\ //
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~ ,XiV I)..:::, i / /I
THENCE NORTH Or~5' 24" EAST ALONG THE EASTERLY PJ(jfll-')j- \\A'r (
INTERSTATE HIGHWAY NUMBER 95 (1-95). 7.25 FEET TO ;\ 58" IR01\' PIN C/\PPED ::393"
FOUND AND DISTURBED AT THE SOUTHWESTERLY CORNER OF LAJ\iD COi\VEYED TO
KRISHNA REALTY, INe. (PARCEL CONTROL NUMBER 00-43-45-09-23-000-0022.1 BY DEED
DATED FEBRUARY ]2,2000 AND RECORDED IN O.R. BOOK 11607. PAGE 332 OF THF Pt'BLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA:
THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO
CONVEYED TO KRISHNA REALTY, INC.. 342.66 FEET TO A 'i" IRON PIN FOUND (0.06 FEET
NORTH AND 0.37 FEET WEST):
THENCE NORTH 02029' ]4" EAST ALONG THE EASTERLY LINE OF LAND SO
CONVEYED TO KRISHNA REALTY, INC., 152.37 FEET TO A POINT AT THE SOUTHWESTERL Y
CORNER OF LAND CONVEYED TO TACO BELL OF AMERICA, INC. (PARCEL CONTROL
NUMBER 00-43-45-09-23-000-0030) BY DEED DATED DECEMBER 28, 1999 AND RECORDED IN
O.R. BOOK I] 529, PAGE 866 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA:
THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO
CONVEYED TO TACO BELL OF AMERICA, INC., 187.2] FEET TO A '2" IRON PIN FOUND (0.12
FEET SOUTH AND 0.33 FEET WEST);
THENCE NORTH 02029' 14" EAST ALONG THE EASTERLY LINE OF LAND SO
CONVEYED TO TACO BELL OF AMERICA. INe., 301.75 FEET TO A POINT ON THE
SOUTHERL Y RIGHT-OF-WAY OF AFORESAID HYPOLUXO ROAD:
THENCE SOUTH 88053' 16" EAST ALONG THE SOUTHERLY RIGHT-OF-WAY OF
HYPOLUXO ROAD, 54.00 FEET TO A POINT AT THE NORTHWESTERLY CORNER OF LAND
CONVEYED TO MOBIL OIL CORPORATION (PARCEL NO.6) (PARCEL CONTROL NUMBER 00-
43-45-09-00-000-3070) BY DEED DATED APRIL 03, 1972 AND RECORDED IN O.R. BOOK 1997,
PAGE] 76 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA:
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO
CONVEYED TO MOBIL OIL CORPORATION, 137.00 FEET TO A PERMANENT REFERENCE
POINT (5/8" IRON PIN CAPPED #3935) FOUND (0.0 I FEET SOUTH AND 0.] 6 FEET WEST) AT
THE NORTHWESTERLY CORNER OF LAND CONVEYED TO MICHEL P. BARBER1S (PARCEL
CONTROL NUMBER 00-43-45-09-23-000-0040) BY DEED DATED APRIL 20, 2004 AND
RECORDED IN O.R. BOOK ]6830, PAGE 1291 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
THENCE SOUTH 11031 '09 WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED
TO MICHEL P. BARBERIS, 60.75 FEET TO A POINT:
THENCE SOUTH 02029' 14" WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED
TO MICHEL P. BARBERIS, 142.00 FEET TO A POINT:
THENCE SOUTH 87030'46" EAST THE SOUTHERLY LINE OF LAND SO CONVEYED TO
MICHEL P. BARBERIS, 147.50 FEET TO THE WESTERLY LINE OF TRACT "1\" I. 'SED FOR
RIGHT-OF-W A Y OF SEA CREST BOULEV ARD OF SAID HY-CREST CENTER:
THENCE SOUTH 02029' ]4" WEST ALONG THE RIGHT-OF-WAY OF SEACREST
BOULEVARD, 40.00 FEET TO A P.K. NAIL & WASHER FOUND IN ASPHALT PAVEMENT (0.]0
FEET NORTH, 0.22 FEET WEST) AND BEING THE NORTHEASTERLY CORNER OF LAND
CONVEYED TO WAL-MART STORES, INC. (PARCEL 5) (PARCEL CONTROL NUMBER 00-43-45-
09-23-000-0050) BY DEED DATED JANUARY 24, ] 989 AND RECORDED IN O.R. BOOK 5945.
PAGE ]460 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA:
THENCE NORTH 87030'46" WEST ALONG THE NORTHERLY LINE OF LAND SO
CONVEYED TO WAL-MART STORES, INe. (PARCEL 5), 166.00 FEET TO A P.K. NAIL SET IN
ASPHALT PAVEMENT;
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO
CONVEYED TO WAL-MART STORES, INC. (PARCEL 5), 260.00 FEET TO A 5/8"X30" IRON PIN
CAPPED (RIVERS TONE CO DUDLEY LS6527) SET;
THENCE SOUTH 87030'46" EAST ALONG THE SOUTHERLY OF LAND SO CONVEYED
TO WAL-MART STORES, INe. (PARCEL 5), PASSING THROUGH A PERMANENT REFERENCE
POINT (5/8" IRON PIN CAPPED #3935) FOUND (0.07 FEET SOUTH AND 0.12 FEET WEST) AT
166.00 FEET, A DISTANCE OF 178,00 FEET TO THE PRINCIPAL PLACE OF BEGINNING AND
CONTAINING 14.7961 ACRES OF LAND AS SURVEYED AND DESCRIBED BY EDWARD B.
DUDLEY, L.S. NO. 6527 OF THE RlVERSTONE COMPANY IN OCTOBER OF 2008, BE THE SAME
MORE OR LESS, BUT SUBJECT TO ALL LEGAL HIGHW A YS, EASEMENTS AND
RESTRICTIONS.
All 5/8"X30" IRON PIN SET AND CAPPED (RIVERSTONE CO DUDLEY LS6527)
DEED OF REFERENCE
LAND CONVEYED TO WAL-MART STORES, INC. BY DEED DATED JANUARY 24, 1989 AND
RECORDED IN OFFICIAL BOOK 5945, PAGE 1460 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
BASIS OF BEARINGS:
THE CENTERLINE OF SEACREST BOULEVARD AS SOUTH 02029'14" WEST AS RECORDED IN
HY-CREST CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 64,
PAGE 177-178 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
SAM'S CLUB FUELING STATION SERVICE PUMPS PARCEL
(aka PARCEL 5)
LEGAL DESCRIPTION OF AREA OF INTEREST
A parcel of land lying in the Northwest Quarter (NW I/~) of Section q, Township 45 South.
Range 43 East, Palm Beach County, Florida, and known as being Parcel No.5 of Hy-Crest
Center, as recorded in Plat Book 64, Page 177-178 of the Public Records of Palm Beach Count).
Florid, and being further bounded and described as follows:
COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road
(width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast comer of said
Northwest Quarter of said Section 9:.
Thence South 020 29' 14" West along the centerline of Seacrest Boulevard and the east line 01
the Northwest Quarter of Section 9, a distance of 696.58 feet to a point:
Thence North 8r 30' 46" West, a distance of 52.00 feet to a permanent reference point (5/8"
Iron pin capped #3935) found on the westerly line of Tract "A" used for right-of-way of Seacrest
Boulevard and being the Principal PLACE OF BEGINNING of the premises herein described~
Thence continue North 8r 30' 46" West, along a Northerly line of land conveyed to Wal-Mart
Stores, Inc. (Parcel No.1) (Parcel Control Number 00-43-45-09-000-0010) by deed dated
January 24, 1989 and recorded in O.R.B. 5945, Page 1460 of the Public Records of Palm Beach
County, Florida, a distance of 166.00 feet to a 5/8" x 30" iron pin capped (Riverstone C,l
Dudley LS6527) set;
Thence North 020 29' 14" East, along a easterly line of land so conveyed to Wal-Mart Stores.
Inc. (Parcel No.1) a distance of260.00 feet to a P.K. nail set:
Thence South 870 30' 46" East along a Southerly line of land so conveyed to v..'al-Mart Stores.
Inc. (Parcel No.1). a distance of 166.00 feet to a P.K, nail and washer found in asphalt pavement
and being the Westerly right-of-way line of Seacrest Boulevard~
Thence South 020 29' 14" West along the Westerly right-of-way line of said Seacrest Boulevard.
a distance of 260.00 feet to the Principal PLACE OF BEGINNING, and containing 0.991 acres
of land as surveyed and described by Edward B. Dudley, L.S. No. 6527 of the Riverstone
Company in October of 2008, be the same more or less, but subject to all leg al highways.
easements and restrictions.
Note: All 5/8" x 30" iron pins set and capped (Riverstone Co Dudley LS6527).
EXHIBIT tJ,"
SAM'S CLUB AND NORTHSTAR PROPERTIES
LOCATION MAP
HDR - High Density Residential
MeDR- Medium Density Residential
PPGI - Public & Private Governmental/institutional
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File r\Jumb~r: LU)\P 09-002-ANEX 09-001
Sam's Club/NorthS'L:ar
Adjac~nt Us~s:
l\Jorth:
So uth :
[J::>v,:loo~d comrn~rciai prop~rties in unincorpolated ~'alm
B::ach County! d::>sigr,ated CHiS and zon~d eG. r:-arther north
ngh~-of-wav of Hypolum RGad.
Und::>velop::>d parc::>! d::>signated High Density F~esid::>ntial
(HDP,) and zon~d IVlulti-Familv P.esidential (P<h th::>n
townhom~s :?in<:: Point Villas Condo) classifi::>d High D::>llsity
P,esidential (HDP) and zon::>d II/Iulti-family F~e.3id~ntial (P,-3).
East:
Righ~-of-way of Seacr~st Boulevard! farther east single-family
homes (San C3.3tle subdivision) in unincorporated F'alm Beach
County! deSignated !V1edium Density Residential (lV1F-5) and
zoned P,esidential lV1ultifamily (RM); to 'ehe northeast,
developed and vacant commercial prooerties in Lantana!
designated and zoned C1-Comm~rcial.
West:
Right-of-way of Interstate 1-95.
EXECUTIVE 5UM'~ARY
Staff recommends approval of the requested annexation! land use amendment ane! rezoning for
the following reasons:
1. The r~quest is consi.3tent with the ann::>);ation and other relevant objectives and policies
of the City's Comprehensive Pian.
,
The proposed amendment will benefit the City by contributing to the diversification of its
economy and its tale base.
3. The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within e)(isting capacities! or generate any negative impacr..s
UDon adjacent or nearby properties.
PROJ:=CT A.NAL. YSIS
The t\l\lO properties which are the subject of this land use amendment total 41.69 acres;
therefore, the proposed iand use change qualifies as a large-scale amendment pU:5uant to
Chapter 163 F.S. Following local board review and City Commission public hearing, a "large-
scalefl amendment is transmitted to the rlorida Department of Community Affairs for review for
compliance with the state! regional and local comprehensive pians prior to adoption. Following
the review period of apprQ)(irnat::>ly 60 days! DCp, provides the City with a report of their'
findings in an "Objections, Recommendations and Comments (ORC) R~port". The City then has
60 days to either (1) adopt the amendment as tian5mitted, (2) adopt the amendment with
changes in response to the ORC report, or (3) d:::t:::rmin::: not to adopt the am:::ndment and
inform DC,D, of that decision. According to rlorida Statutes Chapte;- 163, iarge-scale
amendments iTlay only be adopted during twCi amendment cycles each calendar veal. Tnls
amendment r-:::oue.3t is d paii of the 1s' munc; of arn:::ndmems for the 2009 calendar veal.
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po:::kets: and other- :::ontiguous Drop=:, ~ie5,
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Objective
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t ne City shalf pursue economic deveiopmemt apfDiortfJinffties: ...
SU,Dport a competitive iJJnd diwersiiied economy,
3am ':; '=Iur:: will ::omribut-:.- to the div,=:-;ifi=atio'l tne .: ,::::::xr::JnW a'ie! PI'::' ~i
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File Number: LUAP 09-002-ANEX 09-OCil
Sam's Club/NorthStar
Palm B'2ach County's land US'2 and zoning d'2signations. No changes In use ar'2 planned for
either prop:::rty.
L...
jlj/h2th2r chang2d or changing conditions make the proposed re::oning desirable.
Ine propos:::d amendment is requ'2sted in conJunCLion with an application for ann:::):atlon. Ihe
e><isting F'alrn Beach County land use designation and zoning mL!st be chang:::d to the city land
use designation and zoning dis'[r-ict.
d. Whether the propcs2d use wouid be comparib/e with utility syst2ms. roadvv'cws/ and
other pub/Ie facilities,
As stated, the proposed land use amendm:::nt does not entail changes to current use of the
subject properties. The addition of an accessory fU'2liing faciiity is currently p:anned for the
Sam's Club (see the lViaster Plan review in the last section of this I-eport); a carwash may be
added later. The NOlthStar Cemetery Services is planning to add a crematorium sometime in the
future. Both planned additions I-epresent minimal impact upon municipal services as described
below.
T,affic
Th'2 refueling facility will be an anciliary use for the Sam's Club and thus there will be a large
proportion of shared trips between the two. The facility will be available exclusively to the Club's
members and will require a membership card for pump activation. The trip charact'2ristics'
analysis done for similar projects indicate the internal trip capture of over 50%.
Likewise, the future addition of the crematorium to the NorthStar's c'2metery will not have a
significant impact on the surrounding roadways.
At the time of the site plan application for the respective additions{ the concurrency tiaffic
impact analysis or statement will be provided and will be reviewed by the County for
consistency with the Pal Beach County Tiaffic Performance Standards ordinance.
Potabne \NOIiter and Sewer
The City provides both water and sewer services to the Sam's Club property. The addition of a
fuelling station will not have a significant effect on the site's ovei-all water demand and, since
Sam's Club carwash facilities utilize recycled watei, a carwash facility would also have a
negligible impact.
Upon annexation, the City will provide water to th'2 NorthStar cemetery, but due to the need fOI',
and the cost of, the extensive on-site improvements, f'JorthStar's connection to the City's sewer-
system will be postponed. IVJoreover{ the facility will continue to use well water for iirigation
pUiposes.
Wial~, D~maU'ld
Land Use
I = m5icull1g! !PlrollIDsedl Office,! Crel11ato:-im
, "
I I Church
Ger.e;;-iaItion Rate linits
125 GPD per el11plo)l~ 16
is GPD r::er seat 1120
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S~,^,~r Demand
\ Land Use
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File [\lumber: LUAR 09-00:?-Ar\l::>( 09-001
Sam's Club/NOiihStar
redevelopment of a large e)~isting cemetery, a proposed commercial zoning h2S a negligible
potential for rlegative impact on nearby residenti al properties in the future.
The proposed commelTial land use and zonin;:] des'lgnation for the NorthStar cemet::ry will
accommodate the pian to subsequently add ci cr'2n-,atorium. It alscl r::flects a cornm::'-cial, i-ather
than a publiC use of the property. It should also be noted that the commercial zoning would
accommodate the placement of a billboard on the cemetel-Y propc::rty, pursuant to Florida
Statutes and the 2001 settlement agrc::ement bc::tween the City and two advc::rtising
corporations. Th::: s::ttlc::ment allows for the piac'2ment of a set numb::r of billooards at various
locations along the 1-95 right-of-way, subjc::ct to r in part, a rc::sidc::ntial sc::paiation standard and
all apoiicabl::: siting srandards of Florida Statutes. The subject pmpc::rty would allOW for the
citing of on::: of the two ren-,aining billboards allowed under- the agreemc::nt, with minimal
impacts on residential and other land uses.
The requested C-3 zoning for the NOlihStar- oroperiy will require a code amendmellt, which
staff will propose and initiate to be timed witn ultimate adoption of the subject request. The
code amendment is necessary as the current C- 3 reguiations only allow a funeral home as a
permitted use and funeral home with a crc::matorium as a conditional use. The amendment
would establish a cc::metery in conjunction with a funei-al home as a permitted use in the [-3
zoning district.
f. VI/hether the property is phlJSically and economically del/elopable under the existing
zoning.
The proposed reciassification/rezoning involves developed properties and is a necessary action
in conjunction with an annexation.
g, I/l/hether the proposed rezoning is of a scale which is reasonabl)' related to tr-,e
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning is reasonably related to the nec::ds of the
neighborhood and the city as a whole (see above sections "e" and "f").
h. Whether there are adequate sites elsewhere in the city for the proposed use.. in
distrias where such use is alread). allowed.
The proposed amendment is requc::sted for the already dc::veloped properties and in conjunction
with an application for annexation. fl.Jo use changes are planned for either property.
Mt'S"i'EIR. PLAN .ANAL Y5IS r=OlR 5A~vi'S CLUB
When requesting to rezone propertv to a pia nned district, such as Planned Commercial
Development (PCD), the applicant is required to 3ubmit a l'/jaster Pian dc::picting the lo<::ation of
site improvements, proposed ti-amc patterns and sit::: data. Since the existing Sam:s Club is
requesting peD zoning, the applicant has submitted the requisite m2ster plan. The mastc::r plan
dc::oicts the existing orle-story, 134,lClCl soual-e foot Sam's Club building situated in the
southwest corner of the properry', C!5 wc::11 25 a oroposed Sam's mc::mbershiD r;~IC: s'Lation and
carwash faciiity in the northeast cornc::r of the pro::Jc::n::\'.
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~25emen::St ':0:11DII=5 \N1th th!~, r~qulr'=m~n-=, -=~)('=>::;lt ell- 3DD-C: JrT'ld\::'::: ~ ur. }',~)- \O'-!;=-:
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
Owner:
January 20, 2009
Location:
Description:
B.
Project:
Agent:
Owner:
Location:
Description:
Walmart Stores #8140/Northstar Cemetery Services of Florida,
LLC
West of North Seacrest Blvd, South of Hypoluxo Rd. 7233
Seacrest Blvd and 3691 Seacrest Blvd.
Request to annex the properties. (Sam's Club -- 1st Reading
Proposed Ordinance No. 09-003) (Northstar - 1st Reading
Proposed Ordinance No. 09-004)
Sam's Club/Northstar (LUAR 09-002)
Bonnie Miskel and Scott Backman
Walmart Stores #8140/Northstar Cemetery Services of Florida,
LLC
West of North Seacrest Blvd., South of Hypoluxo Road, 7233
Seacrest Blvd. and 3691 Seacrest Blvd.
Request to amend the Comprehensive Plan Future Land Use Map
classification on :l::41.49 acres of land from Commercial High
(CHIS) and Institutional (Palm Beach County) to Local Retail
Commercial (LRC).(Sam's Club -- 1st Reading Proposed
Ordinance No. 09-005) (Northstar - 1st Reading Proposed
Ordinance No. 09-006)
Request to rezone from Palm Beach County Commercial General
(CG) and Residential Multifamily (RM) to Planned Commercial
Development (PCD) and C-3, Community Commercial. (Sam's
Club -- 1st Reading Proposed Ordinance No. 09-007)
(Northstar _1st Reading Proposed Ordinance No. 09-008)
Hanna Matras, Senior Planner addressed the annexation, land use amendment and rezoning for
both Items VIII. A and B. The request covered two properties; Sam's Club and Northstar
Cemetery. It included a total of 41.49 acres. She reviewed the current zoning designations and
the request to change to Local Retail Commercial. Sam's Club would be Planned Commercial
Development zoning and Northstar would be C-3, Community Commercial. There would be no
current changes to the existing uses. In the future, Sam's Club would be adding a fueling
facility and Northstar would be adding a crematorium. Staff recommended approval of the
annexation, land use amendment and rezoning. The requests met all the necessary criteria for
approval as outlined in the staff report.
Scott Backman, legal counsel for the applicants, commended staff for their cooperation. He
was present to answer any questions. Attorney Cheraf pointed out the requests would return
to the Commission after transmission for approval by the Department of Community Affairs. A
separate annexation agreement would be brought before the Commission also. Any conditions
of approval would be included in the annexation agreement.
Mayor Taylor opened the issue for public hearing or comment.
No one coming forward, Mayor Taylor closed the public hearing.
11
Meeting Minutes
Regular City Commission
Boynton Beach, Fl
January 20, 2009
Attorney Cherof read Proposed Ordinance No. 09-003 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-003. Commissioner Weiland
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-004 by title only on first reading.
Motion
Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 09-004. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-005 by title only on first reading.
Motion
Commissioner Weiland moved to approve Proposed Ordinance No. 09-005. Commissioner Hay
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-006 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-006. Commissioner Ross
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-007 by title only on first reading.
12
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 20, 2009
Motion
Commissioner Ross moved to approve Proposed Ordinance No. 09-007. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-008 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-008. Commissioner Ross
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
c.
Project:
Agent:
Owner:
Location:
Description:
New Urban High Ridge (LUAR 09-001)
Timothy L. Hernandez
New Urban High Ridge, LLC
Northwest corner of High Ridge Road and Miner Road
Request to amend the Comprehensive Plan Future Land Use Map
classification on :f::18.44 acres of land from Medium Density
Residential to Industrial; (16t Reading Proposed Ordinance
No. 09-009)
Request to rezone from Planned Unit Development (PUD) to M-1,
Industrial. (1st Reading Proposed Onlinance No. 09-010)
Ms. Matras reviewed the request to amend the land use from medium density residential to
industrial with maximum FAR of 0.5 and rezone to M-l Industrial district. The parcel includes
18.44 acres. It was annexed to the City in May, 2005 originally proposed with single family
homes and townhomes. There was modification to only single family homes. The project has
been the victim of the real estate downturn and currently not feasible. Staff recommended
approval as it met all the necessary criteria as outlined in the staff report.
Timothy Hernandez, agent for the applicant was present. Vice Mayor Rodriguez inquired about
the plans for the area. Mr. Hernandez responded it would be upscale, flexible, industrial type
space similar to the industrial use to the east and south of the project.
Danny Underwood, 28 Maplewood Court, Cedar Ridge Estates, reluctantly agreed with the
request. He would have preferred a residential development. His main concern was the access
to the property at the entrance to Cedar Ridge Estates where many children wait for school
13
XII. - LEGAL
DEVELOPMENT
ITEM A.6
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
0 A ril21, 2009
0 Ma 5,2009
0 Ma 19,2009
0 June 2, 2009
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
0 June 16, 2009
0 JuI 7,2009
0 Jul 21,2009
0 Au ust 4, 2009
Jul
Jul
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
0 Public Hearing 0
RECOMMENDATION: Please maintain this as a tabled request on the June 16,2009 City Commission Agenda
under Legal, Ordinances - Second Reading. The City Commission tabled this request so that 2nd reading coincides with the
final review of the corresponding code amendment and to allow additional time for the applicant to work toward resolutions
to concerns raised by the adjacent property owner. The City Commission on January 20, 2009 approved this item (including
First Reading of the Ordinance) with the corresponding Land Use Amendment which was transmitted to the Department of
Community Affairs (DCA), The State's review is completed and the ordinance has been prepared for adoption. For further
details pertaining to this request, see attached Department Memorandum No. 08-104.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
Northstar (LUAR 09-002)
Bonnie Miskel and Scott Backman
Walmart Stores #8140 / Northstar Cemetery Services of Florida, LLC
West of North Seacrest Boulevard, South ofHypoIuxo Road, 7233 Seacrest
Boulevard and 3691 Seacrest Boulevard
Request to rezone from Palm Beach County Commercial General (CG) and
Residential Multifamily (RM) to Planned Commercial Development (PCD) and
C-3, Community Commercial.
DESCRIPTION:
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: NIA
Development Departm' t
1<-
irector City Attorney / Finance
S\Sams Club PB Memorial\LUAR 09-002\Agenda Item Request Northstar Rezone LUAR 09-001 6-16-09.doc
Planning and Zo
S :\Planning\SHARED\ WP\PROJE
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
~~
Assistant to City Manager ,-fr-
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1 7 and
ORDINANCE NO. 09- {'C~::>
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING THE
APPLICATION OF NORTHST AR CEMETERY
SERVICES OF FLORIDA, LLC., AMENDING
ORDINANCE 02-013 TO REZONE A PARCEL OF
LAND LOCA TED AT 3691 SEA CREST
BOULEVARD, AS MORE FULLY DESCRIBED
HEREIN, FROM RESIDENTIAL MULTI-FAMILY
(RM) TO C-3 COMMUNITY COMMERCIAL;
PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City:
18 WHEREAS, Northstar Cemetery Services of Florida, LLC.. owner of the property
19 located at 3691 Seacrest Boulevard, in Boynton Beach, Florida. as more particularly
20 described herein. has filed a Petition, through its agents. Bonnie Miskel and Scott Backman,
21 pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton
22 Beach, Florida, for the purpose of rezoning a parcel of land. said land being more particularly
23 described hereinafter, from Residential Multi-family (RM) to C-3 Community Commercial.
24 and
25 WHEREAS, the City Commission conducted a public hearing and heard testimony
26 and received evidence which the Commission finds supports a rezoning for the property
27 hereinafter described; and
28 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
29 an amendment to the Land Use which was contemporaneously considered and approved at
30 the public hearing heretofore referenced: and
5 \CA\Ordinances\Plannm~Rezonmg,ReZClnmg -N()rthstar doc
1 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
2 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth,
3 NOW~ THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
5
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
6 herein by this reference.
7
Section 2.
The following described land located at 3691 Seacrest Boulevard in
8 Boynton Beach, Florida, as set forth as follows:
9
10 See Legal Description attached as Exhibit "A"
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12
13 Subject to easements, restrictions, reservations, covenants and
14 rights-of-way ofrecord.
15
16 be and the same is hereby rezoned from Residential Multi-family (RM) to C-3 Community
1 7 Commercial. A location map is attached hereto as Exhibit "B" and made a part of this
18 Ordinance by reference.
19 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
2 0 accordingly.
21 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
2 2 repealed.
2 3 Section 5. Should any section or provision of this Ordinance or any portion thereof
2 4 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
25 the remainder of this Ordinance.
26 Section 6. This ordinance shall become effective immediately upon passage.
27 FIRST READING this ~ day of JO-IlUC.l..rt ,2009.
s: \CA \Ordinances\PI ann in~RezoninltRezon ing -Northstar.doc
1
SECOND, FINAL READING and PASSAGl~. this
day of
, ..20()lI
CITY OF BOYNTON BEACH. FLORIDA
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1 7 ATTEST:
18
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20 Janet M. Prainito, CMC
21 City Clerk
22
23
24 (Corporate Seal)
Mayor ~ Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner ~ Ronald Weiland
Commissioner - Woodrow L Hay
Commissioner - Marlene Ross
I,
s. leA IOrdinances\PlannJn~Rezoning-ReZ(lning -Northstar d(lc
KEA TLEY INVESTMENTS, Inc. CEMETERY PARCEL
LEGAL DESCRIPTION OF PALM BEACH MEMORIAL PARK
Situated in the County of Palm Beach, State of Florida, and knows as being a part of the re-plat
of part of Lincoln memorial Gardens, as recorded in Plat Book 25, Page 225, and further
described as follows:
COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road
(width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast comer of
Northwest Quarter (NW 1/4) of Section 9, Township 45 South, Range 43 East, Palm Beach
County, Florida;
Thence South 020 29' 14" West, along the centerline of Seacrest Boulevard and the east line of
said Northwest Quarter of Section 9, a distance of 1,218.79 feet to a point;
Thence North 870 30' 46" West, a distance of 40,00 feet to a point on the West right-of-way line
of said Seacrest Boulevard, and being 20.30 feet South of the North line of the re-plat of Lincoln
Memorial Gardens, and the POINT OF BEGINNING;
Thence South 020 29' 14" West along the West right-of-way line of said Seacrest Boulevard, a
distance of 1,391.26 feet to a point; thence North 8?D 30' 46" West, a distance of 92.00 feet to a
point; thence South 02029' 14" West, a distance of 93.00 feet to a point; thence North 870 30'
46" West, a distance of 81.83 feet to a point; thence North 01 0 01' 59" East, a distance of 156.13
feet to a point; thence North 870 30' 46" West, a distance of 33.81 feet to a point; thence North
01001' 59" East, a distance of 2.74 feet to a point; thence North 870 30' 46" West, a distance of
326,39 feet to a point; thence South 010 01' 59" West, a distance of 12.00 feet to a point; thence
North 870 30' 46" West, a distance of 148.72 feet to a point; thence South 010 01' 59" West, a
distance of 19.03 feet to a point; thence North 870 30' 46" West a distance of 176.44 feet to a
point on the East right-of-way line State Route 9 (Interstate 95), a variable width public right-of-
way; thence North 010 01' 59" East, along the East right-of-way line of said State Route 9, a
distance of 1,174.86 feet to a concrete disk found; thence South 880 55' 16" East, a distance of
344.35 feet to a point; thence North 030 27' 44" East, a distance of 160.14 feet to a point; thence
South 880 55' 16" East, a distance of545.43 feet to the POINT OF BEGINNING.
Said parcel contains 25.89 acres ofland, more or less.
r ,,-I r.. l \ ,/] / I
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SAM'S CLUB AND NORTHSTAR PROPERTIES
LOCATION MAP
EXHI8'
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HDR - High Density Residential
MeDR- Medium Density Residential
PPGI - Public & Private Governmental/institutional
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PROJECT NP.iV1E/NUIViBEP,:
P,EQUE5T:
DcV=LOPMENT D::PART!\lUENT
PLANNING & ZDNING DIVISION
!viic!ViORANDILIM NO. PZ 08 - 104
Chair and 'V1emb~ls
Pianning and Dev~IJpm~llt BGal-cI
Hanna lV1atras
Senior' P:anner
lV1i'chael W. Fumpf
Dir-2ctor Of Pianlling and 20nirlg
D~:ember 1, :2.008
Sam's Club/NorthStar/N~I\JE)< 09-001-LUAP 09-002
To ann-2X the two prop-2rti-2s, and to am-2nd the Future Land US-2
designation or, 41.69 acres from Palm Beach County's
Commercial High with a maximum 5 dwelling units per acre
(CH/S) and Institutional and Public Facilities (INST) to Local
Retail Commercial (LRC), and rezone from Palm Beach County's
Commercial Gen~ral (CG) and Residential IVlultifamily (R!V1) to
Plann~d Commercial D-2velopment (PCD) and [-3 Community
Comm-2rcial.
Property Owners:
Applicant/ Agent:
Location:
PalTel Siz~:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed ZOIl ing:
Proposed Use:
PROJECT DESCRIPTION
Walmart Stores #8140 and NorthStar- Cemetery' Services of FL,
LLC
Bonni,::, IViiskel and Scott Backman
72.33 Seacr,::,st Sou I ~va rd/3691 Sea crest Boul,::,vard (E)(hibit "A")
15.80(25.89 acr'::'s, a total of 41.69 acr'::'s
Sam's Club: Palm B::::ach County's Comm,::,rcia: High with a
maximum 5 dweliing units per acre (CH/5)
NorthStar: Institutiorlal and Public Facilities (INST)
Sam's Club: F'aim 8::::ach County's Comm~rcial Genei-a (D:;i
l\lorthStar: ResidentiallVlultifamilv (RMI
Local Retail Comm,=rcial (both properties)
Sam's Club: Pialln~d Commercial [lev~lopment (PCDI
NorthSLar: C-~: Communitv Commer-cia!
hlo chanae.:: te, curr,=n: use.::
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trl:: foliowing r~25<J:::;:
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e'conomv ane its ta> :JeSS.
" _ ompc3ecl amendm~n:: would rIO"::T'C'ats clodltIC);,a' I:T:~,acLc, .iCCJ:':': :::,;::1'
'cannot [IS a=ce>mmodaI".'d wrtnir e:stJn~ =aCiaClliC:" J' CJ::;;r::idL': clfl\ i',e::;aT_:,'C ;:11::::,:\_,
upor- adJacent or n::arb\ proDemec.,
OlROJ::CT tl.A\'IblL. YSES
I rle ']NC' Drop~ii:ie5 \!lihicrl ar'C: tn:: 3ubi::::l ':If tnlc lane: -':3,:: ClrTl::l'ICmCC';-,' ":,,j ,,~,,'- ('"
tn'2i'efore, _ 01-0DC5-::d land L!3"C cnang<:: quairfiec, c':: 2 iClITi':-scaIS cllTI =rlon 1::';-1- C1f3LicJ:T
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;,cai::,' arn::ndm2nt is ti'ai!SmitteG IO th~ :=ioncc :::)::Dc::-~m::n-: o:'::'om:TIUll b,;"';'cW... '-::'/i':'V,
comiJiiance witli tile ;t:at~, !'::gror,a! allel loca' corn _ Did::': 01'10' ;:c CiClC1[i'::IClr =::liIO\fVii'l
tli'::' 1'::\/i::\N oe:-iod or aDDrQ):/fTtaL'~i\ 6CI C3\':'; :::'):::L 'JI'Clv'I:J'::::= :nc _I:: \llIlti' :~cJ,r' 'I' -,
flndin9= III ai, ":::)Di:=:ctioilS! F:=:commendatior..: ClIIC::::Dmn'en:::,=Wi::: F'2C}0i~', ~1!:.=lr '::':-::'1"
60 GJ\'; [C eilt-l-:'. 1\ adoDt ::h::: am:=:ndm'::'n~ '-~;, Lrdl:snll~'::'el -, cloc':e':: :T!-:.. d;r;e~lJn:'='I-~
,=hanc:~.s in r-,::s:J::J::S,= tc tn-=- ":>P =: r=DJ~. ,=-l~- !j~I'~nTI!t-l'=! \(-.)4- L: ~jCl~):J~~ ~n:_ .:~n"~:;-!];I ~=r-L '! "
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a lT~ ~T) iJ1T~~~ :r-:~ ,. ~.J U -==.;~ ~~, C CJCl [~ 0-
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File Number: LUAF', 09-00:2-fJ\NEY 09-001
Sam's Club/North5tar
This proposed amendment is being reviewed for ti-ansmittal to the Florida uepartment of
Community Affairs mcP\). After transmittal and DCA, reviewr the proposed amendment will be
scheduled for adoption, tentativelYlri !v'\ay 2009.
a. 11r~19ther th: proac'sed rE:!oning 111Io,-;/d be consIStent with applica:J/e comorehensilie
pian policies inciudmg but not iimited W; a prohibition against an.1i increase in
d/lllelling unit d9nsit}' exceeding 50 in the hurricane el,acuation :!O:7e without written
approval of the Palm B5ach Count! Emergencl' Planning Division and the 0'0'5 risk
manager. The planning deparTment shall a/50 recommend iimitations or
requirements, which wouid halle tc be imocsed on subsequent development of the
prope!TJ~ in order to campI! with poiicies contain9d in th9 comom1ensive plan.
The proposed rezoning is requested for developed properties and in conjunction with the
application for anne):ation. The reouest is consistent with the City's anne>:ation pmgr-am dS
described in the following objective and policies in the Comprehensive Plan:
Objective 1.15
Po/ic)'1.15.1
Po/icy 1.15.~
Po/icv 1.15.3
The City wi!! continue to expand through anne;;atiol!1 of endaves,
pockets and other contiguous properties.
The Ci0' shall continue to aromote the orderly anneyation of lands
consistent with Chapter 171. Florida Statutes; and the Palm B9ach Count)/
Annexation Po/icy.
The Cin! shall utl/ize four methods of annexation:
1. Voluntary annexation;
';> Annexation by interlocal agreement with Palm Beach Coun'0~'
3. Compliance with pre'annexation water service agreements from the
Citr: and
4. Referendum.
The C/tV sha/I reauire el/en/ property being annexed into the City to
concurrentl)i apal)! for land use amendment and rezoning to the Citys
adopted land use classification and zoning district. ;f
The request is also consistent with Obiective 1.17:
Objective L 17
The City shaff pursue economic deifefopment opportunities tlO
support a competitive illnd diversified economy.
Sam!s Club will contribute to the diversification of the City's economy and the CitV's fiscal
prom:::r now overlv dependerlt on the residential sector for its tax revenues.
b. Whether- the proDosed ,ezoning would be contran to the establ!shed land use
pattern or 1t1/Ould create an isolat9d a/strict unrelated to adjacent and nearbv
districs or would constitute a gr-ant 0': special privilege to an individual propert)/
owner as contrasted with the Drorection of the public we/fa Ie.
Th'2 pmposec:i r-ezoning[s -eoue:;Ied for- deveioped properties and in conjunction with the
appiicatlon for anne>(ation. ihe uses of bot~ properties have been long e:;tabl!:;hecl under the
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File Number: LUAP 09-002-ANE)( 09-001
Sam's Club/l\lorthStar
The future addition of a cremawrium will have :3 margirlal impact, accounted fOI in the above
table. The generation rates for office and church uses are appiied in demand calculations for the
e)(jsting funeia! home and chapel buildings.
Potable Water Faciiiti~s
Iwati=>I' Plant Capacity' (,ppal day) I :!.7,OOO.000
Cornmitt~d capacity (actual flow + res::rv~d capacity, p'O':II' daVJ ~3r62~r:289'
Remaining capacity I 3,377,711
SFWI"1[i p::rmltted withd,awals (averag~ day) I 21,490,000
lont,acted amount to purchas:: from County I 5,000,000
,E>:piratJon dat~ of wat::r use permit I August 14,2010
"'Inciude,: SrClOO,ClOO contracted to purchase fOl' F'aim Bea,=I- ':::ounty
!:>.s shown, the projected increase in water deman d is insignificant 2S compareG to the remaining
capacity. Likewise, the additional sewer capacity that would be required for the NorthStar
cemetery in the future is minimal and can easily be accommodated by the City's facilities.
Sewer Demand
Generation Rate I Units h ota! GD? I
Land Use
ExistinglProposed Office/Crematorim 25 GPD per employed 16 140Cl
Chul'ch 5 GPO per seat 1120 1600
11,000
Sanitary Sewer Faciiities
Sewer Treatment Capacity I 24 MGO
Committed or aliocated capacity (1"1::;0) 18.56
p.vailable capacity (MGO) 2.72 I
Sonid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's mU:licipalities throughout the lO-year planning period.
Drair.aae
Drainage will also be reviewed in detail 2S part of the site pian approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearbv proper"ties/ or would affect the propertl I,alues of
adjacent or nearbv properties,
I ne use of the subject properties will not charlge; the proposed rezoning will be compatible
with adjacent and nearby properties. The propDsed iand L!se and zoning for the Sam's Club
pmper-ty is similar to the current County land use and zoning oesigr,ations. The Local Retail
Commercial land use classification is proposed for both the Sam's Club and the l\Jol1:hS;:ar
property. Both pmperties would also have commercial zoning designations, with a PCr:., zoning
requested for Sam's Club and C-3 zoning fOl' Nortl:Star, The NorthStai' cemetery, whicn !S 2!
commercial enter-pr-ise, constitutes an appmpriate transitior,al use between the hi';1h intensity
commercial Sam's Club to the north and residential L!S-::S to the south. 'Jiven the unre2sibilitv of
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File Number: LUAP 09-00:2-AI\JEY 09-001
Sam's Club/NorthStar
The pian depicts parking on 211 sides of the prope:-ty, with the largest parking fields to the east
and north of the e)~isting Sam's structure. With the inciusion of the gas and carw2sh facility, the
site pmposes 683 parking spal:es, four tA) soaces irl e)(cess of the required 679. Access to the
property would be through four (4) e)~i::;ting driveways, one (1) fmm HVpoluyCi Road, just eest
of Sea crest 8oulevard, and thi-ee (3) e)(!sting drives off of SeaGest BClulevar-d, at the northeiTI
edo,:::, cenc:er ano southern edg:: of th,,:: site. Tne site hes riaffic cir-cuiation complerel)! around
the site and existing and proDosed structures, fOI- e2S'2. of service deliver\! and emergency
acc~ss .
Planned Cornmerdal District regulations esrablish setbaci:s and buffers in excess of sL:andard
commercial zoning districts. The existing 134,100 square foot building would exceed all of the
district setback requirements; front - 40' required/355' proVided, side - 3D' required/45' 0' ~70'
provided, and r:::ar - 40' required/65' provided. As for setback requirements applicable to the
proposed gas and calwash facility, the code sets faith special setback regulations fOI- gas
stations, which would be met with the plan submitted; front - J5' l-equired/36' proposed, side -
20' reouired/555' &, DO' proposed, and rear - 20' reou'lredj:2:?O' provided. Buffers are to be
designed in accord with the periphe:-al greenbelt regulations, which require a minimum 10 foot
landscape greenbelt area around the entire site. As this is a developed site, approved under
Palm Beach County zoning regulations, the site, including numerous tree preservation
easements, complies with this requirement, exc'2pt for an approximate 190 root long segment
along the south side or the building abutting th'2 cemetery property. Since only this small srrip
falls short of the PCD requirement, staff will I-equire a denser planting scheme to be
accomplished when the formal site plan is brought forvvard in the future to approve the gas and
carvv'ash facility addition. A final code provision of note within the special gas station regulations
associated with Planned Commercial Development districtS requires gas pump islands and
associated canopies be located a minimum of 200 feet from any public right-of-way. As this
requirement would place the fueling operations directly in front of the front door to the existing
Sam's Club building and would displace the established and most convenient customer parking,
staff suggests that a code amendment be undertaken to accommodate those properties
requesting PCD zoning with existing improvements, which are annexed into the City. All other
aspects of development review will be accomplished during the site pian review process
associated with the previously mentioned future improvements.
Relative to the NorthStar Cemetery Services of FL, LLC request for C-3 zoning, a master pian is
not required as part of the :-ezoning. The applicant has suggested the possibiiit)/ of modifying
the site at some point in the future to accommodate a crematorium. When the apDlicant is
ready to bring forward such a proposal, staff will initiate the necessary site plan review Drocess.
CONCLlVSJ[O!\~S! IRi:COMMENlDATIOf~5
The request is consistent with the objectives of the City's anne)(atlori program and relevant
policies in the Comprehensive Plan. Furthermore, it will benefit the Citys economy without
creating additiorlal impacts on infrcstructure that cannot be accommodated within e)cisting
capacities, and without generating any negative imDaccs UDOll adjacent or nearbv properties.
Therefore, scaff recommends that the subj'O::c-:: request be approved.
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Meeting Minutes
Regular aty Commission
Boynton Beach, Fl
Owner:
January 20, 2009
location:
Description:
B.
Project:
Agent:
Owner:
location:
Description:
Walmart Stores #8140/Northstar Cemetery Services of Rorida,
llC
West of North Seacrest Blvd, South of Hypoluxo Rd. 7233
Sea crest Blvd and 3691 Seacrest Blvd.
Request to annex the properties. (Sam's Club -- 1.- Reading
Proposed Ordinance No. 09-003) (Nolthstar - 1.st Reading
Proposed Ordinance No. 09-(04)
Sam's Club/Northstar (LUAR 09-002)
Bonnie Miskel and Scott Backman
Walmart Stores #8140/Northstar Cemetery Services of Florida,
llC
West of North Seacrest Blvd., South of Hypoluxo Road, 7233
Seacrest Blvd. and 3691 Seacrest Blvd.
Request to amend the Comprehensive Plan Future land Use Map
classification on :i:41,49 acres of land from Commercial High
(CHIS) and Institutional (Palm Beach County) to local Retail
Commercial (lRC).(Sam's Club -- 1.1t Reading Proposed
Ordinance No. 09-005) (Northstar - 1.st Reading Proposed
Ordinance No. 09-006)
Request to rezone from Palm Beach County Commercial General
(CG) and Residential Multifamily (RM) to Planned Commercial
Development (PCD) and C-3, Community Commercial. (Sam's
Club -- 1.<< Reading Proposed Ordinance No. 09-007)
(Northstar - 1.<< Reading Proposed Ordinance No. 09-008)
Hanna Matras, Senior Planner addressed the annexation, land use amendment and rezoning for
both Items VIII. A and B. The request covered two properties; Sam's Club and Northstar
Cemetery. It included a total of 41.49 acres. She reviewed the current zoning designations and
the request to change to local Retail Commercial. Sam's Club would be Planned Commercial
Development zoning and Northstar would be C-3, Community Commercial. There would be no
current changes to the existing uses. In the future, Sam's Club would be adding a fueling
facility and Northstar would be adding a crematorium. Staff recommended approval of the
annexation, land use amendment and rezoning. The requests met all the necessary criteria for
approval as outlined in the staff report.
Scott Backman, legal counsel for the applicants, commended staff for their cooperation. He
was present to answer any questions. Attorney Cherof pointed out the requests would return
to the Commission after transmission for approval by the Department of Community Affairs. A
separate annexation agreement would be brought before the Commission also. Any conditions
of approval would be included in the annexation agreement.
Mayor Taylor opened the issue for public hearing or comment.
No one coming forward, Mayor Taylor closed the public hearing.
11
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 20, 2009
Attorney Cherof read Proposed Ordinance No. 09-003 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-003. Commissioner Weiland
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherot read Proposed Ordinance No. 09-004 by title only on first reading.
Motion
Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 09-004. Commissioner Hay
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherot read Proposed Ordinance No. 09-005 by title only on first reading.
Motion
Commissioner Weiland moved to approve Proposed Ordinance No. 09-005. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-006 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-006. Commissioner Ross
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-007 by title only on first reading.
12
Meeting Minutes
Regular City Commission
Boynton Beach, Fl
January 20, 2009
Motion
Commissioner Ross moved to approve Proposed Ordinance No. 09-007. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-008 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-008. Commissioner Ross
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
c.
Project:
Agent:
Owner:
location:
Description:
New Urban High Ridge (LUAR 09-001)
TImottiy l. Hernandez
New Urban High Ridge, llC
Northwest corner of High Ridge Road and Miner Road
Request to amend the Comprehensive Plan Future Land Use Map
classification on :t:18.44 acres of land from Medium Density
Residential to Industrial; (JIt Reading Proposed Ordinance
No. 09-009)
Request to rezone from Planned Unit Development (PUD) to M-l,
Industrial. (JIt Reading Proposed Ordinance No, 09-0JO)
Ms. Matras reviewed the request to amend the land use from medium density residential to
industrial with maximum FAR of 0.5 and rezone to M-l Industrial district. The parcel includes
18.44 acres. It was annexed to the City in May, 2005 originally proposed with single family
homes and townhomes. There was modification to only single family homes. The project has
been the victim of the real estate downturn and currently not feasible. Staff recommended
approval as it met all the necessary criteria as outlined in the staff report.
Timothy Hernandez, agent for the applicant was present. Vice Mayor Rodriguez inquired about
the plans for the area. Mr. Hernandez responded it would be upscale, flexible, industrial type
space similar to the industrial use to the east and south of the project.
Danny Underwood, 28 Maplewood Court, Cedar Ridge Estates, reluctantly agreed with the
request. He would have preferred a residential development. His main concern was the access
to the property at the entrance to Cedar Ridge Estates where many children wait for school
13
XII. - LEGAL
DEVELOPMENT
ITEM A.7
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Fina] Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Fina] Form Must be
Turned in to City Clerk's
Office
0 A ri] 2], 2009
0 Ma 5,2009
0 Ma ]9,2009
0 June 2, 2009
IZI June ] 6, 2009
0 Ju] 7,2009
0 Ju] 2],2009 Ju]
0 Au ust 4, 2009 Ju]
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda IZI Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please maintain this as a tabled request on the June 16,2009 City Commission Agenda
under Legal, Ordinances - Second Reading. The City Commission on June 2nd tabled this item so that adoption and final
processing coincides with fmal review of the other items in this large-scale amendment cycle. On January 20,2009, the City
Commission approved this item (including First Reading of the Ordinance) for transmittal to the Department of Community
Affairs (DCA). This item has been returned from DCA and is now ready for final ordinance processing. Please note that the
size of the subject property has been reduced from i:18.44 acres to i:13.66 acres. The extracted portion is currently the subject
of a site plan application for a charter school, which is an allowed use under the current future land use classification of
Medium Density Residential (MeDR). An additional i:0.56 acres was conveyed to the Palm Beach County for the right-of-
way for High Ridge Road. For further details pertaining to this request, see attached Department Memorandum No. 08-093.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
New Urban High Ridge (LUAR 09-001)
Timothy L. Hernandez
New Urban High Ridge, LLC
Northwest comer of High Ridge Road and Miner Road
Request to amend the Comprehensive Plan Future Land Use Map classification
on i:13.66 acres ofland from Medium Density Residential to Industrial.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
Development De
u~
City Manager's Signature
Assistant to City Manager f~
Planning and Zoni rrector City Attorney / Finance
S:\Planning\SHARED\WP\PROJECT \High Ridge- New Urban Communities\LUAR 09-00 1 \Agenda Item Request High Ridge LUAR 09-001 amend 6-16-
09.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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28"
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1
ORDINANCE NO. 09-
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3
4
5
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9
10
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14
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING ORDINANCE 89-38
BY AMENDING THE FUTURE LAND USE ELEMENT
OF THE COMPREHENSIVE PLAN FOR A PARCEL
OWNED BY NEW URBAN HIGH RIDGE, LLC., AND
LOCATED ON THE NORTHWEST CORNER OF HIGH
RIDGE ROAD AND MINER ROAD; CHANGING THE
LAND USE DESIGNATION FROM MEDIUM DENSITY
RESIDENTIAL (MEDR, 9.68 DUlAC) TO INDUSTRIAL;
PROVIDING FOR CONFLICTS, SEVERABILITY, AND
AN EFFECTIVE DATE.
15
WHEREAS, the City Commission of the City of Boynton Beach. Florida has adopted
16
a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
17
pursuant to Ordinance No. 8q-38 and in accordance with the Local Government
18
Comprehensive Planning Act; and
19
WHEREAS, the procedure for amendment of a Future Land Use Element of a
Comprehensive Plan as set forth in Chapter] 63. Florida Statutes. has been followed: and
WHEREAS, after two (2) public hearings the City Commission acting in its dual
capacity as Local Planning Agency and City Commission finds that the amendment
hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
the best interest of the inhabitants of said City to amend the aforesaid Element of the
Comprehensive Plan as provided.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
herein by this reference.
S \CAIOrdlllances\PlannmglLand Use\New ljrban HIgh R.ldgel2nd readl doc
1
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
2 following:
3 That the Future Land Use of the following described land located on the Northwest
4 corner of High Ridge Road and Miner Road changing the land use designation from Medium
5 Density Residential (MeDR, 9.68 du/ac) to Industrial:
6
7 See legal description attached hereto as Exhibit "A"
8
9 CONTAINING APPROX.13.66 ACRES OF LAND.
10
11 Subject to easements, restrictions, reservations, covenants and rights-
12 of-way of record.
13
14
15 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
16 Future Land Use Plan shall be amended accordingly.
1 7 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
18 Section 5: Should any section or provision of this Ordinance or any portion thereof be
19 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
20 remainder of this Ordinance.
21 Section 6: The effective date of this plan amendment shall be the date a final order is
22 issued by the Department of Community Affairs finding the amendment to be in compliance in
23 accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration
24 Commission finding the amendment to be in compliance in accordance with Section 163.3184,
25 F.S.
26
FIRST READING this _ day of
,2009.
S\CA\OrdinanceslPlanning,Land Use\New Urban High Ridge(2nd read) doc
- 2..
1
SECOND, FINAL READING and PASSAGE this
da\ cd
'lr ,U
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ClTY OF BOYNTO~ BEACH. FLORIDA
3
4
5
6
7
8
9
10
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12
13
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15
16
17
18 ATTEST:
19
20
21 Janet M. Prainito, CMC
22 City Clerk
23
24
25 ( Corporate Seal)
26
Mayor - Jerry Taylor
Vice Mayor ~ Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
S \CA\Ordinances\Plannin~Land Use\Ne\\ Urban High Ridge(2nd read)doc
I
I j
EXHIBIT "A"
BALANCE OF THE HIGH RIDGE PUD RECORD PLAT
(LESS THE IMAGINE CHARTER SCHOOL AT BOYNTON BEACH)
LEGAL DESCRIPTION
All of HIGH RIDGE PUD Record Plat, as recorded in Plat Book 109, Pages 90 - 93 inclusive,
according to the Public Records of Palm Beach County, Florida, LESS the following described
parcel:
BEGIN at the Northwest corner of said "High Ridge PUD Record Plat;
Thence North 880 35' 59" East, along the North line of said Plat, a distance of471.46 feet;
Thence South 01050' 29" West, along the East line of said Plat, a distance of 400.00 feet;
Thence North 880 09' 31" West, a distance of 475.09 feet;
Thence North 01009' 29" East, along the West line of said Plat, a distance of 242. 76 feet;
Thence North 050 02' 00" East, along the said West line, a distance of 130.80 feet to the POINT
OF BEGINNING.
Said lands situate, lying and being in Palm Beach County, Florida, containing 183,899 square
feet (4.2217 acres), more or less.
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
Property Owner:
Applicant/ Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 08-093
Chair and Members
Planning and Development Board
Hanna Matias
Senior Planner
(l'! 'Y"
Michael W. Rumpf. -
Director of Planning and Zoning
November 10, 2008
New Urban High Ridge/LUAR 09-001
Request to amend the Future Land Use Designation from
Medium Density Residential (with a maximum density of 9.68
dwelling units per acre) to Industrial (with a maximum FAR of
0.50) and rezone from Planned Unit Development (PUD) to fv'!-l
Industrial District.
PROJECT DESCRIPTION
New Urban High Ridge LLC
New Urban High Ridge/Timothy L. Hernandez
Northwest corner of High Ridge Road and Miner Road (Exhibit
"A")
=18.44 acres
Medium Density Residential (MeDR, 9.68 du/ac)
PUD, Planned Unit Development
Industrial (max F.A.R. of 0.50)
M-l Industrial District
Industrial
File Number: LUAR 09-001
New Urban High Ridge
Adjacent Uses:
North:
Single family homes in unincorporated Palm Beach County,
designated LR-2 Low Density Residential (2 dujacre) and
zoned RS Single Family Residential.
South:
The right-of-way of Miner Road, then developed property
(flex space warehouse of High Ridge Commerce Center)
designated Industrial (I) and zoned M-1 Industrial; to the
southwest, undeveloped property within unincorporated Palm
Beach County designated Industrial (IND) and zoned Single
Family Residential (RS).
East:
The right-of-way of High Ridge Road, then, to the northeast,
Cedar Ridge Estates with single family homes and
townhomes (townhomes built at 8.04 dujacre), designated
Low Density Residential (LDR) and zoned Planned Unit
Development CPUD). To the southwest, Cedar Ridge and
High Ridge Commerce Park, developed properties designated
Industrial (I) and zoned Planned Industrial Development
(PID) .
West:
To the west, undeveloped property (High Ridge Country
Club) designated Low Density Residential (LDR) and zoned
R1AA Single Family Residential.
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The request is consistent with the relevant policies in the Comprehensive Plan that
encourage rezoning to industrial uses as well as with the recommendations of the 2006
"Analysis of the M-1 Zoning District" report.
2. The proposed amendment is of great benefit to the City given the acute shortage of
industrial land. Industrial uses diversify the economy and create jobs, lessening impacts
of economic downturns.
3. The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities.
4. The potential negative impacts on the surrounding residential neighborhoods can be
minimized through adequate screening and buffering and the project's design.
PROJECT BACKGROUND
The property was annexed to the City in May 2005 and approved for Medium Density
Residential land use, allowing a maximum density of 9.68 dwelling units per acre. As per the
::;
File Number LJAR 09-001
New Urba, High Ridge
concurrently approved master pian and the site plan approvec it; SeDtemoer 201:'5, the
included 174 ror-sale residential units - 48 single famiiy homes and 126 townhomes,
December 2006, the property owner, New Urban High Ridge LLC, DJtainec 0 site plar ~'-11'
extension of 1 year for the project. At U,at time, the delay in securing permits was caL!sec ~I
utility problerT's and prolonged negotiations with the F'alm Seam Count'v-egarding ;:i,
landscaping within the right-of-way of High Ridge Road - !ssues unrelated to the state of +-r,,,
residential market, which, however, softened considerably. The recent analysis of the
residential sales indicate that the townhome market reached its peaK in :2.005, wnile the
family home prices peaked in 2006. By the end of 2007, as the market continued w worser, -.,
developer requested a major site plan modification. The modification, aoprovec in Decem>:::
2007, eliminated the townhomes and proposed 110 single-family names, 7",,:,ducing the m~:;
number or units by 64.
In the first half of 2008, the sales prices in the City were off rrom their peaks oy over 400/( tJ:
single-family homes and 27% ror townhomes. The number of foreclosures has been riSing
moreover, the tightening of the credit markets escalated in the third auarter of 2008
substantially reducing access to mortgage loans.
Given the current environment and the low likelihood for its significant improvement during at
least the next t'Ne!ve months, the project as appr-oved is not financiaiiy reasibie.
GENERAL POLICY CONSIDERA nONS
The residential market boom left the City with a scarcity of industrially-zoned land. The
rezonings from industrial and commercial districts for residential uses started in the year 2000
with an approval of a residential development in the Quantum Industrial Park. Since then, some
135 acres have lost their industrial designation, not including Quantum, which retained its
Planned Industrial Development zoning designation even though a large percentage of its
acreage has been converted to uses other than industrial.
The loss of industrial land has occurred simultaneously within unincorporated Palm Beach
County and most of its other municipalities. This trend's negative impact on the iocal economies
in terms of future jobs, availability of services and tax bases has been recognized by the
county's Intergovernmental Plan Amendment Review Committee (IPARC) and documented :n
the report produced by the IPARC-hired consultants in 2007. In addition, the consultam:s
created a second report, which include a zoning toolkit for modern light industrial districts.
Michele Mellgren and Associates, Inc., provided a review of the City's M-1 zoning district in
2006. Likewise, the study noted the potential negative effect...s of the continuous overall decline
in the amount of industrial land in Boynton Beach and found the current M-1 regulations
unaccommodating to the changing market trends. The report stated: "Industrial lands are
valuable to a municipality based on benefits of stability and diversity, cost of public services anc
employment resources". The general recommendation was that the City should preserve and
expand industrial iand when appropriate in order to enhance economic viability.
PROJECT ANAL YS!S
The parcels which are the subject of this land use amendment total 18.44 acres; tnerefore, the
proposed land use change qualifies as a large-scaie amendment pursuant to Chapter 163 ~,S
File Number: LUAR 09-001
New Urban High Ridge
Following advisory board review and the City Commission public hearing, a "large-scale"
amendment is transmitted to the Florida Department of Community Affairs (DCA) for review for
compliance with the state, regional and local comprehensive plans prior to adoption. Following
the review period of approximately 60 days, DCA provides the City with a report of their
findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has
60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with
changes in response to the ORC report, or (3) determine not to adopt the amendment and
inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale
amendments may only be adopted during two amendment cycles each calendar year. This
amendment request is a part of the 1st round of amendments for the 2009 calendar year.
This proposed amendment is being reviewed for transmittal to the DCA. After transmittal and
review by the DCA, the proposed amendment will be scheduled for adoption, tentatively in May
2009.
Review Based on Criteria
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive plan
policies including but not limited tOI a prohibition against any increase in dwelling unit
density exceeding 50 in the hurricane evacuation zone without written approval of the Palm
Beach County Emergency Planning Division and the Citys risk manager. The planning
department shall also recommend limitations or requirementsl which would have to be
imposed on subsequent development of the propertyl in order to comply with policies
contained in the comprehensive plan.
The proposed rezoning is generally compatible with the Comprehensive Plan policies.
Specifically, Policies 1.4.2 and 1.17.1 of the Land Use Element read:
"Areas adjacent to industrially-designated lands shall be considered for
redesignation to industrial use if adequate lot consolidation to prevent piecemeal
encroachment into adjacent neighborhoods is available provided that adequate
screening and buffering is provided." (1.4.2)
1/ The City shall continue to attract a mix of high value industriat commercial and
residential development that will strengthen the tax base and generate
employment opportunities for residents without affecting the City's
neighborhoods and community character." (1.17.1)
Given the acute shortage of developable industrial land in the City, the amendment is beneficial
as it would contribute to a much needed diversification of the economy and create employment
opportunities. It would also strengthen the tax base, and at the same time lower the future
claims on City's revenues by replacing residential use with one that generates lower demand ror
City's services. These arguments need to be weighted against potential land use conflict..s with
adjacent residential neighborhoods.
4
File Number: _JAP, 09-001
New Urban High Ridge
The proposed amendment runs against the recommendations of the High Ridge Road Comc/o'
Study, pub1!shed by Palm Beach County in 1997. The study has not been adopted but ['
intended for local governments as an informationai item to be considered at the time IJ
annexation and lor development approval for any of the reviewed sites. The oojectives 0<
study include maintaining the predominantly residential character of the area, Keeping densitie.=
and housing types in new residential projects consistent with those in existing developmenL
and limiting access and traffic on High Ridge Road (the subject property ;s iocated in
southernmost vicinity of the study, Area 3, and is referred to as Tract BJ.
In terms of compatibility, the original master pian for a medium oensity residential developmenl'
would have constituted a better transition between residential uses to the west, north ana
northeast and the industrial uses south and south east of the property. There are clearlv
compatibility issues when industrial uses abut residential neighborhoods. Most M-l distric-cS !r
the city are adjacent to and, to some degree, impact residential areas. However, c.:
underscored In the aforementioned M-1 study, light industrial and residential uses can coexiST
with proper regulations in place. The intended code amendments will implement the stuoy
recommendations by addressing such issues as incompatibility with adequate separation,
screening and buffering, and traffic impacts. For the proposed project, adequate screening and
buffering would be sought in the ultimate site pian to minimize the project's impact on adjacent
residential neighborhoods to the west, north and north-east of subject property. Mitigation 01
impacts through the appropriate design will also be addressed at that time.
Currently, the code includes enhanced buffer requirements for separation of potentially
incompatible uses and zoning districts. The minimum required iandscape buffer between
industrial and residential zoning districts must be 15 feet wide (as opposed to 2 1.1'2, feet for a
standard buffer). Moreover, the code contains general exterior design guidelines for buildings
located on High Ridge Road: industrial buildings must be designed "in such a manner so as to
disguise their typical warehouse appearance" and overhead doors cannot be located on a
building fa<;ade. Staff opines that these requirements would significantly diminish the projects
visual impacts on residential neighborhoods.
The buffering standards required between incompatible uses and zoning districts are being
revised as part of the rewrite of the Land Development Regulations and will be considerably
enhanced. Specifically, the draft regulations distinguish between a "buffer" and a "barrier", tnc:
latter designed to give staff the strongest and most flexible tool to address negative visual
impacts. The barrier will include "a continuous, solid, opaque visual screen of at least (6) feetii-!
height comprised of a variety of densely planted trees, hedges and shrubs, in combination with
an optional buffer wall and/or berm". Given the time frame for the processing of the proposed
amendment, it is likely the new Land Development Regulations will be used to review the site
plan for the project.
b. Whether the proposed rezoning would be contrary to the established land use pattern, or
wouid create an isolated district unrelated to adjacent and nearby districts; or would
constitute a grant of special privilege to an individual property owner as contrasted wIth tiN?
protection of the public we/fare.
The proposed rezoning will not be contrary to the established land use pattern, will not creat:::
an isolated district, nor will it constitute a grant of special privilege to the owner. The properties
to the south and south-east of the subjec".: Droperty have been developed for industr'ial uses.
File Number: LUAR 09-001
New Urban High Ridge
c. Whether changed or changing conditions make the proposed rezoning desirable.
As explained in the Background section above, there have been changes that make the
proposed land use amendment and zoning desirable. The overbuilding in the housing sector
produced a large vacant housing inventory which will likely take a long time for the market to
absorb. The population growth has been flat for the last two years (the City actually lost a small
number of residents in 2007 and 2008) and there is uncertainty regarding the future growth.
The housing boom and multiple rezonings from industrial and commercial to residential land
uses have left the city with a severe shortage of industrial land. Redesignation to industrial use
is beneficial for the City as the ongoing recession underscores the need for economic
diversification and job creation.
d. Whether the proposed use would be compatible with utility systems, roadways, and other
public facilities.
Traffic
The applicant has provided a long-term transportation analysis for the proposed amendment, as
well as the concurrency traffic impact analysis. The transportation analysis includes the analysis
of the existing conditions and traffic conditions for years 2013 and 2025. It compares potential
traffic impacts generated by the current Medium Density land use (9.68 dwelling units per acre)
with impacts that would be generated by the maximum intensity of the proposed Industrial use,
at a FAR of 0.50. The results indicate that, if the site were developed with a F.A.R. of 0.50, the
development would generate 1,274 net new daily trips, 250 net new AM Peak Hour trips, and
259 net new PM Peak Hour trips. This additional daily traffic volume on High Ridge Road
between Gateway Boulevard and Hypoluxo Road would bring the volume-to-capacity ratios on
the three High Ridge links (Gateway Boulevard to Miner Road, Miner Road to site, and site to
Hypoluxo Road) within 0.44 - 0.46 range, still below one-half of the capacity for the adopted
Level of Service D for a two-lane road. The 2025 projected daily traffic volume-to-capacity ratios
for High Ridge Road between Gateway Boulevard and Hypoluxo Road do not exceed 0.54. The
ratios indicate that, in the long run, the road would still be operating at the better level of
service "C".
For the 2013 peak hour traffic conditions, the proposed amendment would, at a maximum
F.A.R., produce volume-to-capacity ratios on High Ridge Road of about 0.85. The impacted
intersection analysis for 2013 shows that the Hypoluxo Road / High Ridge Road and Miner Road
/ High Ridge Road intersections are projected to meet standards, although the AM Peak Hour
volume for Hypoluxo Road and High Ridge Road are near capacity.
As stated, the above analysis assumes that the property would be developed at the maximum
permitted F.A.R. of 0.50. However, given the site requirements such as parking, drainage and
landscaping with the enhanced screening and buffering, the F.A.R. is likely to be in the 3.0 - 3.5
range. The industrial parcel located south of the subject property and currently developed with
two flex-space buildings has an approved F.A.R. of 0.3. For the F.A.R. of 0.35, the impac-..s would
be reduced by about 60% for the daily volume and 40% for the peak hours traffic. This level on
intensity would increase the daily traffic volume on the High Ridge Road by approximately 5%.
6
riie Number :..UAR 09-001
New Urban High Ridge
-rh~re has been a recent reduction in traffic volume gro'vvtn jat~s i,J~ rnost LJ: tf!':": roaOVvd'
potentially impacted by the proposed amendment. Between 2005 anc 2008 tnc: \!o!ume 0'
High Ridge Road between Hypoluxo Road anc !vliner Road declined by 90/c,
Finally, the trip generation associated with the new amendment :rlay also D':; lower if 50ryc
employees use public transit. The Tri-Rail station is iocated approximately mile from tj'c
subject site; a bus stop is located nearby on High Ridge Road.
Potable Water and Sewer
The demand for potable water and sewer will again be compared using the maximum densit\
and intensity of the existing and proposed land use.
Water Demand
Land Use !Generation Rate Total GPO
Current: MDR (9.68 dwjacre=178d.u. , ..,'~ 452__c;pD per d:~ n. 80,Li551
-~~------ ----.-----, .., - .._ ___,__," J
Proposed: IndLEtrial - 401,623 sf 178 per 1000 sf 71,489
iChange -8,967
Pot:lble Water Facilities
Water Plant Capacity* (peak day) 27,000,000
Committe:! capa:ity (a.:tual flow + reserved capacity, peak day) I 2.3,624289
Remaining capadty ': 3,377,711
SFV\nV1D permitte:l with:Jrawals (average day) 21,490,000
Contracte:! amourt to pJrchase from County 5,000,000
Expiration date of water use permit : August 14, 2010
*Includes 5,000,000 contracted to purchase fer Palm Beach County
Sewer Demand
ITotal GPO
+
I
I
4C,~281
Current:
Proposed:
I Land Use
'__I MDR (9.68 dw!acre=17~~.u:
Industrial - 401,623 sf
I Generation Rate
_~??~ CFO p~..<=i,u
159 per 1000 sf
I Change
63,858
23,630
Sanitary Sewer Facilities
Sewer Treatment Capacity
Committed or allocated cap3city (MGD)
Available capacity (Men)
::'4 M::;O :
18.56 \
2.72 \
Water demand for industrial uses can differ considerably among various US'2S. Th'2 gallons-per-
day per 1,000 square feet rates for water and sewer as utilized in the tables above assume
average demand for a flex space-type industrial project. As shown, under the maximum intensit\
assumption, the proposed amendment would result in a lower increase in dailV water demanc
but increase in sewer demand would be higher. If, as discussed in the Traffic section abov,::, tn"
square footage is adjusted to a lower and more probable F.p..P,., th<::: Drojecteo sewer deman,:
would approximate the demand under the current iand us::, with an ever. grear'::" oecrees': :
File Number: LUAR 09-001
New Urban High Ridge
the projected water demand. Under either scena rio, the City has unreserved capacity to serve
the projected raise in demands.
The demand calculations assume the average of 2.26 persons per dwelling unit, which is the
citls average household size.
Solid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the 10-year planning period.
Drainaoe
Drainage will also be reviewed in detail as part of the site plan approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties/ or would affect the property values of
adjacent or nearby properties.
The proposed rezoning will be reasonably compatible with the current and future use of
adjacent and nearby properties, and should have no impact on the property values of adjacent
and nearby properties. As discussed above, potential land use conflic:t"..s would be mitigated by
application of the relevant Land Development Regulations during the site plan stage.
f. Whether the property is physically and economically developable under the existing
zoning.
There are no physical constraints to the development of the subject property under the existing
zoning, but the development would be economically unfeasible.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The proposed amendment would be beneficial to the city (see sections "a" and "c"), and, since
it would provide employment opportunities, is also reasonably related to the needs of the
neighborhood. The amendment may be considered consistent with the ongoing shift in
paradigm in land use planning, whereby it departs from a traditional separation of uses, and
supports compact, mixed-use patterns, allowing places for people to live, work and play to be in
close proximity of one-another and thus promoting resource conservation and sustainable
communities.
Lastly, the subject lot size and the site plan regulations would not accommodate more intensive
industrial uses permitted in the M-l district; the ultimate project would likely be similar to the
other flex-space projects in the area.
h. Whether there are adequate sites elsewhere in the city for the proposed use/ in
districts where such use is already ai/owed.
The City has an acute shortage of vacant industrial land. As per the vacant land inventory
submitted with the EAR-based amendments, the City has only 15 vacant industrial parcels, of
which merely 8 were 1 acre or larger in size. Not only is there little vacant land zoned M-l, but
the areas with C-4 zoning, which allows marginal commercial uses, are also scarce.
6
F=ile Numbe;-: UJAR 09-001
New Urban High Ridge
CONCLUSIONS I RECOMMENDA nONS
The request is consistent with the relevant policies in the Comprehensive Pian that encourag-2
rezoning to industrial uses as well as with the ",Arlalysis of the Iv';-l =oning Districtfl report.
Industrial uses diversify the city's economy and create jobs. It has also been established that
the proposed amendment would not create additional impacts on infrastructure that cannot DS
accommodated within existing capacities. Lastly, staff concluded that the potential negativ,,:
impacts on the surrounding residential neighborhoods can be minimized through adequate:
screening and buffering and the project's design. Therefore, staff recommends tha: the subjeCT
request be approved.
ATTACHMENTS
S:IPlannlng\SHARED\WP\PROJECTSIHlgh Rldge- New Urnan Communit,es\LUAR D9-001\STAFc REPOR- Hlg" Ridge Ind,doc
NEW URBAN HIGH RIDGE
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 20, 2009
Motion
Commissioner Ross moved to approve Proposed Ordinance No. 09-007. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-008 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-008. Commissioner Ross
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
c.
Project:
Agent:
OWner:
Location:
Description:
New Urban High Ridge (LUAR 09-001)
"Timothy L. Hernandez
New Urban High Ridge, LLC
Northwest corner of High Ridge Road and Miner Road
Request to amend the Comprehensive Plan Future Land Use Map
classification on ::i:18.44 acres of land from Medium Density
Residential to Industrial; (tit Reading Proposed OrdlnllnCB
No. 09-009)
Request to rezone from Planned Unit Development (PUD) to M-l,
Industrial. (1<< Reading Proposed Ordinance No. 09-010)
Ms. Matras reviewed the request to amend the land use from medium density residential to
industrial with maximum FAR of 0.5 and rezone to M-l Industrial district. The parcel includes
18.44 acres. It was annexed to the City in May, 2005 originally proposed with single family
homes and townhomes. There was modification to only single family homes. The project has
been the victim of the real estate downturn and currently not feasible. Staff recommended
approval as it met all the necessary criteria as outlined in the staff report.
Timothy Hernandez, agent for the applicant was present. Vice Mayor Rodriguez inquired about
the plans for the area. Mr. Hernandez responded it would be upscale, flexible, industrial type
space similar to the industrial use to the east and south of the project.
Danny Underwood, 28 Maplewood Court, Cedar Ridge Estates, reluctantly agreed with the
request. He would have preferred a residential development. His main concern was the access
to the property at the entrance to Cedar Ridge Estates where many children wait for school
13
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 20, 2009
buses. Large trucks would be a safety concern unless another entrance was utilized. Miner
Road had a truck restriction. Mr. Underwood wanted to see a site plan with the landscaping
plans to assure the real estate values are protected. Mayor Taylor advised it would be the
Commission's responsibility to make sure it is adequately buffered and landscaped.
Chris Rapp, 3 Oakwood Court, Cedar Ridge Estates, thanked Commissioner Ross for discussing
the proposed changes with him. His research revealed the change was based on the Oty's
desire to have more industrial property for a greater tax base. He was aware of the City's
possible desire to consolidate the Public Works facility to the site. He was concerned with the
proximity of his property to the storage of Oty owned dumpsters; recycle bins, garbage cans
and trucks, other City vehicles and Public Works project stock such as drain pipes and water
pipes. There would also be a repair facility for City vehicles and offices for staff. Mr. Rapp was
also concerned with the movement of garbage trucks in the early morning hours, the odors of
garbage, pests and rodents. The City's use of the property would not generate any tax
revenue. He urged the Commission to consider other uses for the property that promote the
quality of life on High Ridge Road as it is. This unique area with hills, mango trees and a small
two lane road make it a desirable area. He suggested the industrial area extend only as far
north as the industrial property on the east side of High Ridge Road.
Mark Karageorge, 240A Main Boulevard, remarked the American Assembly made a
recommendation concerning the lack of industrial land and base. The proposed change would
double the available industrial land. It would increase the tax base at minimal cost. There is a
precedent for industrial use on High Ridge Road. Mr. Karageorge agreed with staffs
recommendation and urged the Commission to grant the request.
No one else coming forward, Mayor Taylor closed the public hearing.
Attorney Cherof read Proposed Ordinance No. 09-009 by title only on first reading.
Motion
Commissioner Ross moved to approve Proposed Ordinance 09-009. Commissioner Hay
seconded the motion. The motion passed unanimously.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-010 by title only on first reading.
14
w'.,.,..,.., ,
..1-.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
XII. - LEGAL
DEVELOPMENT
ITEM A.8
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 2 1 , 2009 April 6, 2009 (Noon) [gJ June 16, 2009 June 1,2009 (Noon)
0 May 5,2009 April 20, 2009 (Noon) 0 July 7, 2009 June 15, 2009 (Noon)
0 May 19, 2009 May 4, 2009 (Noon) 0 July 21,2009 July 6, 2009 (Noon)
0 June 2, 2009 May 18,2009 (Noon) 0 August 4, 2009 July 20, 2009 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [gJ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please maintain this as a tabled request on the June 16,2009 City Commission Agenda
under Legal, Ordinances - Second Reading. The City Commission tabled this item so that adoption and fmal processing
coincides with fmal review of the other items in this large-scale amendment cycle. On January 20,2009, the City
Commission approved this item (including First Reading of the Ordinance) with the corresponding Land Use Amendment
which was transmitted to the Department of Community Affairs (DCA). The State's review is completed and the ordinances
have been prepared for adoption. Please note that the size of the subject property has been reduced from j:18.44 acres to
:t13.66 acres. The extracted portion is being left in the current land use classification, Medium Density Residential, and is
currently the subject of a rezoning and site plan application for a charter school. An additional j:0.56 acres was conveyed to
the Palm Beach County for the right-of-way for High Ridge Road. For further details pertaining to this request, see attached
Department Memorandum No. 08-093.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
New Urban High Ridge (LUAR 09-001)
Timothy L. Hernandez
New Urban High Ridge, LLC
Northwest comer of High Ridge Road and Miner Road
Request to rezone from Planned Unit Development (PUD) to M-l, Industrial.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
Development Dep
~~
City Manager's Signature
Assistant to City Manage& 1-
htJ~L--
Planning and Zo DIrector City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\LUAR 09-001 \Agenda Item Request High Ridge LUAR 09-001 rezone 6-16-
09.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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"
.L
ORDINANCE NO. 09-
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AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING THE
APPLICATION OF NEW URBAN HIGH RIDGE,
AMENDING ORDINANCE 02-013 TO REZONE A
PARCEL OF LAND LOCATED ON THE
NORTHWEST CORNER OF HIGH RIDGE ROAD
AND MINER ROAD, AS MORE FULL Y
DESCRIBED HEREIN, FROM PLANNED UNIT
DEVELOPMENT (PUD) TO M-l INDUSTRIAL
DISTRICT; PROVIDING FOR CONFLICTS,
SEVERABILITY, AND AN EFFECTIVE DATE.
15
WHEREAS, the City Commission of the City of Boynton Beach, Flonda has
16
adopted Ordinance No. 02-013. in \vhich a Revised Zoning Map was adopted for said City.
17
and
18
WHEREAS, New Urban High Ridge LLC., owner of the property located on the
19
northwest comer of High Ridge Road and Miner Road in Boynton Beach. Florida, as more
20
particularly described herein, has filed a Petition, through its agent, Timothy L. Hernandez.
21
pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances. City of Bo~/nton
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Beach. Florida, for the purpose of rezoning a parcel of land. said land being more particularly
23
described hereinafter, from Planned Unit Development (PUD) to M-l Industrial District: and
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WHEREAS, the City Commission conducted a public hearing and heard testimon)
25
and received evidence which the Commission finds supports a rezoning for the propeny
26
hereinafter described: and
27
WHEREAS, the City Commission tinds that the proposed rezoning is consistem with
an amendment to the Land Use which was contemporaneously considered and appro\ ell at
the public hearing heretofore referenced: and
WHEREAS, the City Commission deems it in the best interests of the inhabitams of
S \CA\Ordinances\Plannmg\RezonmgIRezllnmg -Nt\', l irhan High Rldgei2nd read I due
1 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
3 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
4
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
5 herein by this reference.
6
Section 2.
The following described land located on the Northwest corner of High
7 Ridge Road and Miner Road in Boynton Beach, Florida, as set forth as follows:
8
9 See Legal Description attacha:! as Exhibit "A"
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11 CONTAINING APPROX. 13.66 ACRES OF LAND.
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13 Subject to easements, restrictions, reservations, covenants and
14 rights-of-way of record.
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16 be and the same is hereby rezoned from Planned Unit Development (PUD) to M-1 Zoning
1 7 District. A location map is attached hereto as Exhibit "B" and made a part of this Ordinance
18 by reference.
19 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
2 0 accordingly.
21
Section 4. All ordinances or parts of ordinances In conflict herewith are hereby
2 2 repealed.
2 3 Section 5. Should any section or provision of this Ordinance or any portion thereof
2 4 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
25 the remainder of this Ordinance.
26 Section 6. This ordinance shall become effective immediately upon passage.
27
FIRST READING this _ day of
,2009.
s \eA \Ordinances\PlanninglRezoninglRezoning -New Urban High Ridge(2nd read),doc
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SECOND. FINAL RFAD1NG and PASSAGl.' this
, ~O(l(i
da)' ut
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ClTY OF BOYNTON BEACH. FLORIDA
3
Mayor- Jerry Taylor
Vice Mayor- Woodrow L. Hay
Commissioner -- Ronald Weiland
Commissioner - Jose Rodriguez
ATTEST:
Commissioner - Marlene Ross
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20 Janet M. Prainito, CMC
21 City Clerk
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24 (Corporate Seal)
S \CAIOrdinancesIPlannmglRezomnglRezonmg-Ne\\ Urban High Rldge(2nd read I due
EXHIBIT "A"
BALANCE OF THE HIGH RIDGE PUD RECORD PLAT
(LESS THE IMAGINE CHARTER SCHOOL AT BOYNTON BEACH)
LEGAL DESCRIPTION
All of HIGH RIDGE PUD Record Plat, as recorded in Plat Book 109, Pages 90 - 93 inclusive,
according to the Public Records of Palm Beach County, Florida, LESS the following described
parcel:
BEGIN at the Northwest corner of said "High Ridge PUD Record' Plat;
Thence,North 88035' 59" East, along the North line of said Plat, a distance of 471.46 feet;
Thence South 01050' 29" West, along the East line of said Plat, a distance of 400.00 feet;
Thence North 88009' 31" West, a distance of 475.09 feet:
Thence North 01009' 29" East, along the West line of said Plat, a distance of 242.76 feet;
Thence North 05002' 00" East, along the said West line, a distance of 130.80 feet to the POINT
OF BEGINNING.
Said lands situate, lying and being in Palm Beach County, Florida, containing 183,899 square
feet (4.2217 acres), more or less.
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
Property Owner:
Applicant/ Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 08-093
Chair and Members
Planning and Development Board
Hanna Matras
Senior Planner
, i
J)V
Michael W. Rumpf '-
Director of Planning and Zoning
November 10, 2008
New Urban High Ridge/LUAR 09-001
Request to amend the Future Land Use Designation from
Medium Density Residential (with a maximum density of 9.68
dwelling units per acre) to Industrial (vJith a maximum FAR. of
0.50) and rezone from Planned Unit Development (PUD) to M-l
Industrial District.
PROJECT DESCRIPTION
New Urban High Ridge LLC
New Urban High Ridge/Timothy L. Hernandez
Northwest corner of High Ridge Road and Miner Road (Exhibit
\\ A If)
=18.44 acres
Medium Density Residential (MeDR, 9.68 dujac)
PUD, Planned Unit Development
Industrial (max F.A.R. of 0.50l
M-l Industrial District
Industrial
File Number: LUAR 09-001
New Urban High Ridge
Adjacent Uses:
North:
Single family homes in unincorporated Palm Beach County,
designated LR-2 Low Density Residential (2 dujacre) and
zoned RS Single Family Residential.
South:
The right-of-way of Miner Road, then developed property
(flex space warehouse of High Ridge Commerce Center)
designated Industrial (I) and zoned M-1 Industrial; to the
southwest, undeveloped property within unincorporated Palm
Beach County designated Industrial (1ND) and zoned Single
Family Residential (RS).
East:
The right-of-way of High Ridge Road, then, to the northeast,
Cedar Ridge Estates with single family homes and
townhomes (townhomes built at 8.04 dujacre), designated
Low Density Residential (LDR) and zoned Planned Unit
Development (PUD). To the southwest, Cedar Ridge and
High Ridge Commerce Park, developed properties designated
Industrial (1) and zoned Planned Industrial Development
(PID).
West:
To the west, undeveloped property (High Ridge Country
Club) designated Low Density Residential (LDR) and zoned
RiM Single Family Residential.
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The request is consistent with the relevant policies in the Comprehensive Plan that
encourage rezoning to industrial uses as well as with the recommendations of the 2006
"Analysis of the M-l Zoning District" report.
2. The proposed amendment is of great benefit to the City given the acute shortage of
industrial land. Industrial uses diversify the economy and create jobs, lessening impacts
of economic downturns.
3. The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities.
4. The potential negative impacts on the surrounding residential neighborhoods can be
minimized through adequate screening and buffering and the project's design.
PROJECT BACKGROUND
The property was annexed to the City in May 2005 and approved for Medium Density
Residential land use, allowing a maximum density of 9.68 dweliing units per acre. As per the
Fiie NumD2~ ,-UAR 09-001
New Urban Hign Ridge
concurrently approved master plan ane th::: site plan approved ill 3eDtenlu:::: 2005.. the :)':',
included 174 for-sale residential units ' 48 singie family homes and :..26 ::ownhom~2 '
December 2006/ the property owner, New Urban High Ridge LLC, obtainec c ::;Ite pial'" ,:
extension of 1 year for the project. At that timet the delay in securing permi'::s was ca~s;=:; '1
utility prOblems and prolonged negotiations with the PaliT. Beach:oumv -egardins; :'1'::
landscaping within the right-of-way of High Ridge Road -- issues unreiated to t:he state <'Ie
residential market, which, however, softened consideiablv. The recent analysis of th,,:, ~
residential sales indicate that the townhome market reached its peak in 2005 wnii-:: the 31~1 _
family home prices peaked in 2006. BV the end of 2007, es the market contlnuec to wors:::r ..,:
developer requested a major site plan modification, The modification, aoproved Ir, D'3cer'l:JY
2007, eliminated the townhomes and proposed 110 single-family' nomes,'eouclno tn",
number of units by 64.
In the first half of 2008, the sales prices in the City were off from their peav.s by OV'3r 400/[ T'"
single-family homes and 2.7% for townhomes. The number of foreclosures has been r!Sln~i.
moreover, the tightening of the credit markets escalated in the third quarter of 2 DOE-:
substantially reducing access to mortgage loans.
Given the current environment and the low likelihood for its significant improvement during ar
least the next twelve months, the project as approved is not financially feasible.
GENERAL POLICY CONSIDERATIONS
The residential market boom left the City with a scarcity or industrially-zoned land. Th':':
rezonings from industrial and commercial districts for residential uses started in the year :2000
with an approval or a residential development in the Quantum Industrial Park. Since then, some
135 acres have lost their industrial designation, not including Quantum, which retained Its
Planned Industrial Development zoning designation even though a large percentage of its
acreage has been converted to uses other than industrial.
The loss of industrial land has occurred simultaneously within unincorporated Palm Beach
County and most of its other municipalities. This trend's negative impact on the local economies
in terms of future jobs, avaHabiiity of services and tax bases has been recognized by th""
county's Intergovernmental Plan Amendment Review Committee (IPARC) and documented ir"
the report produced by the IPARC-hired consultants in 2.007. In addition, the consultants
created a second report, which include a zoning toolkit for modern light industrial districts.
Michele Mellgren and Associates, Inc., provided a review or the City's M-l zoning district If
2.006. Likewise, the study noted the potential negative effects of the continuous overall decli:le
in the amount of industrial land in Boynton Beach and round the current M-l regulations
unaccommodating to the changing market trends. The report stated: "Industrial lands are
valuable to a municipality based on benefits of stability and diversity, cost of public services ano
employment resources". The general recommendation was that the City' should preserve anC
expand industrial land when appropriate in order to enhance economic viabiiiti.
PROJECT ANAL YS!S
The parcels which are the subject of this land use amendment total 18.44 acres; therefore, tne
proposed land use change auaijfies as 2 large-scaie amendment pursuant to Chapter 163 :=.3
File Number: LUAR 09-001
New Urban High Ridge
Following advisory board review and the City Commission public hearing, a "large-scale"
amendment is transmitted to the Florida Department of Community Affairs (DCA) for review for
compliance with the state, regional and local comprehensive plans prior to adoption. Following
the review period of approximately 60 days, DCA provides the City with a report of their
findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has
60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with
changes in response to the ORC report, or (3) determine not to adopt the amendment and
inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale
amendments may only be adopted during two amendment cycles each calendar year. This
amendment request is a part of the 1st round of amendments for the 2009 calendar year.
This proposed amendment is being reviewed for transmittal to the DCA. After transmittal and
review by the DCA, the proposed amendment will be scheduled for adoption, tentatively in May
2009.
Review Based on Criteria
The criteria used to review Comprehensive Pian amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive plan
policies including but not limited to/ a prohibition against any increase in dwelling unit
density exceeding 50 in the hurricane evacuation zone without written approval of the Palm
Beach County Emergency Planning Division and the Citys risk manager. The planning
department shall also recommend limitations or requirements/ which would have to be
imposed on subsequent development of the propeT'tYr in order to comply with policies
contained in the comprehensive plan.
The proposed rezoning is generally compatible with the Comprehensive Plan policies.
Specifically, Policies 1.4.2 and 1.17.1 of the Land Use Element read:
"Areas adjacent to industrially-designated lands shall be considered for
redesignation to industrial use if adequate lot consolidation to prevent piecemeal
encroachment into adjacent neighborhoods is available provided that adequate
screening and buffering is provided. "(1.4.2)
1/ The City shall continue to attract a mix of high value industrial, commercial and
residential development that will strengthen the tax base and generate
employment opportunities for residents without affecting the Citys
neighborhoods and community character." (1.17.1)
Given the acute shortage of developable industrial land in the City, the amendment is beneficial
as it would contribute to a much needed diversification of the economy and create employment
opportunities. It would also strengthen the tax base, and at the same time lower the future
claims on City's revenues by replacing residential use with one that generates lower demand for
City's services. These arguments need to be weighted against potential land use conflic:t.s with
adjacent residential neighborhoods.
4
File Number: _UAP 09-001
New Urbar: :-1ig1" Ridge
The proposed amendment runs against the recommendations of the High Rioge Road Co:-n;])."
Study, published by Palm Beach County in 1997, The stuay rlas not been adopted bu" i'.
intended for local governments as an informational item to be considered at the tim:: ",'
annexation and lor development approval for a ny of the reviewed sites. Tn,:: objectives tr!"O
study include maintaining the predominantly residential character of tne area, keeping densitv:s
and housing types in new residential projects consistent with those in existing developmen'
and limiting access and traffic on High Ridge Road (the subject property is located ir
southernmost vicinity of the study, Area 3, and is referred to as Tract B':.
In terms of compatibility, the original master plan for a medium density' residential developme"'.
would have constituted a better transition between residential uses to the west, north anj
northeast and the industrial uses south and south east of the property. There are clear!,
compatibility issues when industrial uses abut residential neighborhoods. Most M-l distric+:s "
the city are adjacent to and, to some degree, impact residential areas. However, 2:
underscored in the aforementioned M-l study, light industrial and residential uses can coeXIS
with proper regulations in place, The intended code amendments will impiement the stum
recommendations by addressing such issues as incompatibility with adequate separation
screening and buffering, and traffic impacts. For the proposed project, adequate screening and
buffering would be sought in the ultimate site plan to minimize the project's impact on adjacent
residential neighborhoods to the west, north and north-east of subject propertv. fvJitigatior
impacts through the appropriate design will also be addressed at that time.
Currently, the code includes enhanced buffer requirements for separation of potentially
incompatible uses and zoning districts. The minimum required landscape buffer between
industrial and residential zoning districts must be 15 feet wide (as opposed to 2 '/2 feet for c:
standard buffer). Moreover, the code contains general exterior design guidelines for buildings
located on High Ridge Road: industrial buildings must be designed "in such a manner so as to
disguise their typical warehouse appearance" and overhead doors cannot be located or 2;
building fa<;:ade. Staff opines that these requirements would significantly diminish the projee::,
visual impacts on residential neighborhoods.
The buffering standards required between incompatible uses and zoning districts are being
revised as part of the rewrite of the Land Development Regulations and will be CDnsiderabl\
enhanced. Specifically, the draft regulations distinguish between a "buffer" and a "barrier", tn.:
latter designed to give staff the strongest and most Aexible tool to address negative visua'
impacts. The barrier will include "a continuous, solid, opaque visual screen of at least (6) feet ir:
height comprised of a variety of densely planted trees, hedges and shrubs, in combination witn
an optional buffer wall and/or berm". Given the time frame for the processing of the proposed
amendment, it is likely the new Land Development Regulations will be used to review the Sit""
plan for the project.
b. Whether the proposed rezoning would be contrary to the established land use Dattern or
wouid create an isolated district unrelated to adjacent and nearbJ' d:stricts/ or- would
constitute a grant of special privilege to an individual propert)/ owner as contrasted with tiE'
protection of the public welfare.
The proposed rezoning will not be contrary to the established land use pattern. will not create
an isolated district, nor will it constitute a grant of special privilege to the owner. The properties
to the south and south-east of the subject prooerty have been developed ror industrial uses.
File Number: LUAR 09-001
New Urban High Ridge
c. Whether changed or changing conditions make the proposed rezoning desirable.
As explained in the Background section above, there have been changes that make the
proposed land use amendment and zoning desirable. The overbuilding in the housing sector
produced a large vacant housing inventory which will likely take a long time for the market to
absorb. The population growth has been flat for the last two years (the City actually lost a small
number of residents in 2007 and 2008) and there is uncertainty regarding the future growth.
The housing boom and multiple rezonings from industrial and commercial to residential land
uses have left the city with a severe shortage of industrial land. Redesignation to industrial use
is beneficial for the City as the ongoing recession underscores the need for economic
diversification and job creation.
d. Whether the proposed use would be compatible with utility systems, roadways, and other
public facilities.
Traffic
The applicant has provided a long-term transportation analysis for the proposed amendment, as
well as the concurrency traffic impact analysis. The transportation analysis includes the analysis
of the existing conditions and traffic conditions for years 2013 and 2025. It compares potential
traffic impacts generated by the current Medium Density land use (9.68 dwelling units per acre)
with impacts that would be generated by the maximum intensity of the proposed Industrial use,
at a FAR of 0.50. The results indicate that, if the site were developed with a F.A.R. of 0.50, the
development would generate 1,274 net new daily trips, 250 net new AM Peak Hour trips, and
259 net new PM Peak Hour trips. This additional daily traffic volume on High Ridge Road
between Gateway Boulevard and Hypoluxo Road would bring the volume-to-capacity ratios on
the three High Ridge links (Gateway Boulevard to Miner Road, Miner Road to site, and site to
Hypoluxo Road) within 0.44 - 0.46 range, still below one-half of the capacity for the adopted
Level of Service D for a two-lane road. The 2025 projected daily traffic volume-to-capacity ratios
for High Ridge Road between Gateway Boulevard and Hypoluxo Road do not exceed 0.54. The
ratios indicate that, in the long run, the road would still be operating at the better level of
service "C".
For the 2013 peak hour traffic conditions, the proposed amendment would, at a maximum
F.A.R., produce volume-to-capacity ratios on High Ridge Road of about 0.85. The impacted
intersection analysis for 2013 shows that the Hypoluxo Road / High Ridge Road and Miner Road
/ High Ridge Road intersections are projected to meet standards, although the AM Peak Hour
volume for Hypoluxo Road and High Ridge Road are near capacity.
As stated, the above analysis assumes that the property would be developed at the maximum
permitted F.A.R. of 0.50. However, given the site requirements such as parking, drainage and
landscaping with the enhanced screening and buffering, the F.A.R. is likely to be in the 3.0 - 3.5
range. The industrial parcel located south of the subject property and currently developed with
two flex-space buildings has an approved F.A.R. of 0.3. For the F.A.R. of 0.35, the impacts would
be reduced by about 60% for the daily volume and 40% for the peak hours traffic. This level on
intensity would increase the daily traffic volume on the High Ridge Road by approximately 5%.
6
Fiie Numb,:" ,--UAP. 09-001
N,:w Urbar High Ridge
There has been a recent reduction ,n t;-af:lc volum::: growt" ;-ates lur rTi03', ,:x~ne r::;dcJvvc;,'
potentially impacted by the proposed amendment. Between 2005 and 2008, :n,,:, vDlume
High Ridge Road between Hypoluxo Road and rViin':r Roae oecllned bv ?~'c,
Finally, the trip generation associated with the new amendmen: nla/ a!so De lowe, 1- :;or'?
employees use public transit. The Tri-Rail s'Lation is located approximatelv miie fror- tee
subject site; a bus stop is located nearby on High Ridge Road
Potable Water and Sewer
The demand for potable water and sewer will again be compared using the maximum densj~y
and intensity of the existing and proposed land use.
Water Demand
-
Land Use I Generation Rate Total GPO
Current: MDR (9.68 dw/acre=1}8 _d~~.:.. :452 CFD per d.u 80,'156
~-- ,-- --,._--- ---------------...--- - ._~ -----..-- ---- ----
Proposed: IndLEtrial - 401,623 sf ,178 pe- 1000 sf 71,489
I Change -8,967
Potable Water Facilities
Water Plant Capacity* (peak day) 27,000,000
Committe:J capacity (actual flow + reserved capadty, peak day)1 23,62.2.,289
Remaining capadty , 3,377,711
SFWVlD permitte:J with:Jrawals (average day) 21,490,000
Contracte:J amourt to pJrchase from County 5,000,000
Expiration date of water use permit August 14, 2010
*lncludes 5,000,000 contracte::J to purchase for Palm Beach County
Sewer Demand
Land Use I Generation Rate TTotal GPO ,
;
Current: MDR (9.68 dw/acre.:=17~-.L:J'~ ,226 CFD per d.u I 40.228
i
.---. ~" ----+-------------_._--~--- -- --- - I ---~ ------.-
Proposed: IndL5trial - 401,623 sf 159 per 1000 sf 63,858
I Cha nge 1 23,630
Sanitary Sewer Facilities
Sewer Treatment Capacity
Com mitted or allocate::J ca p:lcity (MGD)
Available capacity (MGD)
, 24 M:JD
18.56 ,
I
2.72
Water demand for industrial uses can differ considerably among various uses. The gal!ons-pe~
day per 1,000 square feet rates for water and sewer as utilized in tne tables aoove assume:
average demand for a flex space-type industrial project. As shown, under the maximum mtenSiI\
assumption, the proposed amendment would result in a lower increase in Gail\' water demanc
but increase in sewer demand would be higher, If, as discussed in the T.affic section aoove, the
square footage is adjusted to a lower and more probable :=.A.P", tn': proJected sewer denianc
Id . th d d d t' ," .. ,
wou approximate e eman un e" ne curr::-n: ianc [se, IN/Ii ar ever, (Jr~a~'::' ~J'2c:ecs~ .
File Number: LUAR 09-001
New Urban High Ridge
the projected water demand. Under either scena rio, the City has unreserved capacity to serve
the projected raise in demands.
The demand calculations assume the average of 2.26 persons per dwelling unit, which is the
city's average household size.
Solid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the 10-year planning period.
Drainage
Drainage will also be reviewed in detail as part of the site plan approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
The proposed rezoning will be reasonably compatible with the current and future use of
adjacent and nearby properties, and should have no impact on the property values of adjacent
and nearby properties. As discussed above, potential land use conflicts would be mitigated by
application of the relevant Land Development Regulations during the site plan stage.
f. Whether the property is physically and economically developable under the existing
zoning.
There are no physical constraints to the development of the subject property under the existing
zoning, but the development would be economically unfeasible.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The proposed amendment would be beneficial to the city (see sections "a" and "e"), and, since
it would provide employment opportunities, is also reasonably related to the needs of the
neighborhood. The amendment may be considered consistent with the ongoing shift in
paradigm in land use planning, whereby it departs from a traditional separation of uses, and
supports compact, mixed-use patterns, allowing places for people to live, work and play to be in
close proximity of one-another and thus promoting resource conservation and sustainable
communities.
Lastly, the subject lot size and the site plan regulations would not accommodate more intensive
industrial uses permitted in the M-l district; the ultimate project would likely be similar to the
other flex-space project.s in the area.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already ai/owed.
The City has an acute shortage of vacant industrial land. As per the vacant land inventory
submitted with the EAR-based amendments, the City has only 15 vacant industrial parcels, of
which merely 8 were 1 acre or larger in size. Not only is there little vacant land zoned M-l, but
the areas with C-4 zoning, which allows marginal commercial uses, are also scarce.
E,
File NumDe": UJAR 09-001
New Uroan High Ridg'::
CONCLUSIONS I RECOMMENDATIONS
The request is consistent with the relevant policies in the Comprehensive Pian that encou,age
rezoning to industrial uses as well c:s with t:le "Analysis of the 11/1-1 Zoning District" repor"':.
Industrial uses diversify the city's economy and create jobs. It has also been established tha~
the proposed amendment would not create additional impacts on infrastructure that cannot De
accommodated within existing capacities. Lastly, staff concluded tnat the potential negati\''2
impacts on the surrounding residential neignborhoods can be minimized through adeq'uate
screening and buffering and the project's design. Therefore, staff recommends that the subjec
request be approved.
ATTACHMENTS
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 20, 2009
Motion
Commissioner Ross moved to approve Proposed Ordinance No. 09-007. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-008 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-008. Commissioner Ross
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
c.
Project:
Agent:
Owner:
Location:
Description:
New Urban High Ridge (LUAR 09-001)
TImothy L. Hernandez
New Urban High Ridge, LLC
Northwest corner of High Ridge Road and Miner Road
Request to amend the Comprehensive Plan Future Land Use Map
classification on :f:18.44 acres of land from Medium Density
Residential to Industrial; (1st Reading Proposed Ordinance
No. 09-009)
Request to rezone from Planned Unit Development (PUD) to M-1,
Industrial. (1st Reading Proposed Ordinance No. 09-010)
Ms. Matras reviewed the request to amend the land use from medium density residential to
industrial with maximum FAR of 0.5 and rezone to M-l Industrial district. The parcel includes
18.44 acres. It was annexed to the City In May, 2005 originally proposed with single family
homes and townhomes. There was modification to only single family homes. The project has
been the victim of the real estate downturn and currently not feasible. Staff recommended
approval as it met all the necessary criteria as outlined in the staff report.
Timothy Hernandez, agent for the applicant was present. Vice Mayor Rodriguez inquired about
the plans for the area. Mr. Hernandez responded it would be upscale, flexible, industrial type
space similar to the industrial use to the east and south of the project.
Danny Underwood, 28 Maplewood Court, Cedar Ridge Estates, reluctantly agreed with the
request. He would have preferred a residential development. His main concern was the access
to the property at the entrance to Cedar Ridge Estates where many children wait for school
13
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 20, 2009
buses. Large trucks would be a safety concern unless another entrance was utilized. Miner
Road had a truck restriction. Mr. Underwood wanted to see a site plan with the landscaping
plans to assure the real estate values are protected. Mayor Taylor advised it would be the
Commission's responsibility to make sure it is adequately buffered and landscaped.
Chris Rapp, 3 Oakwood Court, Cedar Ridge Estates, thanked Commissioner Ross for discussing
the proposed changes with him. His research revealed the change was based on the City's
desire to have more industrial property for a greater tax base. He was aware of the City's
possible desire to consolidate the Public Works facility to the site. He was concerned with the
proximity of his property to the storage of City owned dumpsters; recycle bins, garbage cans
and trucks, other City vehicles and Public Works project stock such as drain pipes and water
pipes. There would also be a repair facility for City vehicles and offices for staff. Mr. Rapp was
also concerned with the movement of garbage trucks in the early morning hours, the odors of
garbage, pests and rodents. The City's use of the property would not generate any tax
revenue. He urged the Commission to consider other uses for the property that promote the
quality of life on High Ridge Road as it is. This unique area with hills, mango trees and a small
two lane road make it a desirable area. He suggested the industrial area extend only as far
north as the industrial property on the east side of High Ridge Road.
Mark Karageorge, 240A Main Boulevard, remarked the American Assembly made a
recommendation concerning the lack of industrial land and base. The proposed change would
double the available industrial land. It would increase the tax base at minimal cost. There is a
precedent for industrial use on High Ridge Road. Mr. Karageorge agreed with staffs
recommendation and urged the Commission to grant the request.
No one else coming forward, Mayor Taylor closed the public hearing.
Attorney Cherof read Proposed Ordinance No. 09-009 by title only on first reading.
Motion
Commissioner Ross moved to approve Proposed Ordinance 09-009. Commissioner Hay
seconded the motion. The motion passed unanimously.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-010 by title only on first reading.
14
Meeting Minutes
Regular City Commission
Boynton Beach, FL
Motion
January 20, 2009
Commissioner Hay moved to approve Proposed Ordinance 09-010. Commissioner Ross
seconded the motion. The motion passed unanimously.
~
City Clerk Prainito called the roll. The vote was 5-0.
D.
Project:
Agent:
Owner:
Location:
Description:
Habitat for Humanity (ABAN 09-001)
Peter Blacklock of Ruden, McClosky
City of Boynton Beach
West of the FEC Railroad right-of-way, north of NE 11th Avenue
Request for abandonment of an unimproved portion of Railroad
Avenue approximately 15 feet wide and 45 feet long, located west
of the FEC Railroad right-of-way and approximately 50 feet south
of NE 12th Avenue, in connection with the plan to build infill
single-family housing. (1st Reading Proposed Ordinance No.
09-011)
Attorney Cherof read Proposed Ordinance No. 09-011 by title only on first reading.
Kathleen Zeitler, Planner, reviewed the request and noted when staff reviewed the request it
was determined that Railroad Avenue fell within the FEC Railroad right-of-way. A map was
received from the FEe Railroad that confirmed staffs determination. The City would only be
abandoning their interest in the subject property with access from a road right-of-way from NE
11th Avenue. The applicant agreed to proceed with the request because the additional property
was needed for the proposed development. Staff recommended approval.
Motion
Commissioner Weiland moved to approve Proposed Ordinance No. 09-011. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
E.
Project:
Agent:
Owner:
Location:
Description:
Harbor Cay (SPTE 08-007)
Sid E. von Rospeunt
Harbor Cay, LLC
East side of North Federal Highway, approximately 160 feet north
of Gateway Blvd.
Request for a second one (1) year time extension of the site plan
(NWSP 06-011) approved on May 2, 2006, thereby further
15
tf
XII. LEGAL
DEVELOPMENT
ITEM A.9
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to Citv Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to Citv Clerk's
Office
o A riI2], 2009
o 5,2009
o ]9,2009
o June 2, 2009
~ June] 6, 2009
0 Ju] 7,2009
0 Jul 2],2009 Ju]
0 Au ust 4, 2009 Ju]
0 Announcements/Presentations 0 Citv Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Lega]
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this request on the June 16, 2009 City Commission Agenda under Legal,
Ordinances - Second Reading. The City Commission on June 2, 2009, approved this request under Public Hearing and
Legal, Ordinances - First Reading. For further details pertaining to this request, see attached Department Memorandum No.
09-018 and the attached ordinance.
EXPLANATION:
PROJECT:
Planned Commercial Development (PCD) Setbacks -
Accessory Fuel Pumps (CDRV 09-003)
City-initiated
Request for interim amendments to the Land Development Regulations, Chapter 2,
Zoning to create a waiver process for minimum setbacks associated with ancillary fueling
centers with Planned Commercial Development (PCD) zoning districts annexed into the
city.
AGENT:
DESCRIPTION:
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
Development
k~
City Manager's Signature
Assistant to City Manager ('#--'
'J
J~{~!'~ ~
Planning and Z~irector City Attorney / Finance
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 09-003 & CDRV 09-004\CDRV 09-003 PCD Setbacks Accessory Fuel Pumpfs 2nd
reading 6-1 6-09.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
I I
~ I
3 I
4
5
6
7
8
9
]0
11
12
13
14
15
16
17
18
ORDINANCE NO. O'J-02b
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING LAND DEVELOPMENT
REGULATIONS, CHAPTER 2, SECTION 11,
"SUPPLEMENTAL REGULATIONS", SUB-SECTION L
"COMMERCIAL ESTABLISHMENTS ENGAGED IN THE
RET AIL SALE OF GASOLINE OR GASOLINE
PRODUCTS", BY ADDING SUB-SECTION 4. E. TO
ALLOW/ADD A WAIVER PROCESS FOR MINIMUM
SETBACKS ASSOCIATED WITH ANCILLARY FUELING
CENTERS WITHIN PLANNED COMMERCIAL
DEVELOPMENT (PCD) ZONING DISTRICTS ANNEXED
INTO THE CITY; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
19
WHEREAS, Chapter 2, Section 11, "Supplemental Regulations". Sub-Section L .f..
"Commercial Establishments Engage in the Retail Sale of Gasoline or Gasoline Products" of
the current zoning regulations allow the ancillary sale of gasoline in a Planned Commercial
Development (PCD) zoning district with a minimum separation of two hundred (200) feet
between any gas pump island or canopy and the adjacent right-of-way:
WHEREAS, in all other zoning districts in which the sales of gasoline is allowed. the
20
21
22
')~
-.)
24
gasoline pump island or canopy may be located twenty (20) feet from a right-of-way: and
25
WHEREAS, staff is recommending a code amendment that would create an
26
opportunity for a waiver request of the two hundred (200) feet setback to the City Commission
27
for existing projects being annexed into the City when such regulation cannot be fully complied
28
with. but the intent of the Land Development Regulations is met: and
29
WHEREAS, the City Commission has considered staff s recommendations and reports.
30
and determines and finds that it would be appropriate to amend the Land Development
3]
. Regulations to reflect this addition: and
~I
.)~
WHEREAS, the City Commission finds that the adoption of this ordinance is in the
33
best interest of the health, safety. and welfare of the citizens and residents of the Citv of
I,
I
Ie \Documents and Settings\PrainitoJ\Local Settings\Temporary Internet l'iles\OlK](>4'v\mend 1 DR ell 2 SFC 1114iiGasohnei de"
1 I Boynton Beach.
2 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
3 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
4
Section 1.
The foregoing whereas clauses are true and correct and are now ratified
5 and confirmed by the City Commission.
6
Section 2.
Chapter 2, Section II.LA. of the Land Development Regulations of the
7 City of Boynton Beach Code of Ordinances is hereby amended as follows:
8 L. COMMERCIAL EST ABLISHMENTS ENGAGED IN
9 THE RETAIL SALE OF GASOLINE OR GASOLINE
10 PRODUCTS
11
*
*
*
12
13
14
15
16
17
18
19
20
4. As to all gasoline dispensing establishments that are
an ancillary use located or operated in or from an ancillary building
or structure within a parcel of land of not less than ten (10) acres
within a "Planned Commercial District" (PCD) governed by
Section 6.F. of the City of Boynton Beach Zoning Code, and which
gasoline dispensing establishment is operated by the person(s) or
entity(s) that operates the principal use located on such parcel of
land; and do not meet all of the requirements set forth under
Subsection 3., above, the following shall be applicable:
21
*
*
*
22
23
24
25
26
27
28
e. Waivers of provisions 4. a. thm d. above,
may be granted bv the City Commission for existing
proiects annexed into the City, when the regulation cannot
be fully complied with, but where the intent of the Lad
Development Regulations is met. The application shall
provide iustification of the waiver and submit a mitigation
plan off-setting the impact.
29
30
Section 3.
Each and every other provision of the Land Development Regulations
31 not herein specifically amended, shall remain in full force and effect as originally adopted.
32
Section 4.
All laws and ordinances applying to the City of Boynton Beach ill
33 conflict with any provisions of this ordinance are hereby repealed.
- 2 -
SIC A IOrdinanceslLDR Changes\Amend LDR CH 2 SEC I J (4 )(Gasolme),doc
, ,
I
I
I
i I
, II
j 'I
Shuuld any ~t:clIUIl ur prU\JSlun (>i this \. )rdinance or any ponic111 r.l1creu]
Section S.
2 be declared by a court of competent jurisdiction to be invalid, such decIsion shall not afket th,~
3 remainder of this Ordinance.
4
Section 6.
Authority is hereby given to codify this Ordinance
5
Section 7.
This ordinance shall become effective immediately.
6
7
FIRST READING this
day of
.2009.
8
SECOND, FINAL READING AND PASSAGE this
day of
. :2 OOLl
9
10
I]
]2
13
]4
15
] 6
] 7
]8
]9
20
2 ]
elT'{ OF HO'y'NTON BEACH. FLOR!DA
Mayor~ Jerry Taylor
Vice Mayor ~ Woodrow L. Hay
Commissioner - Ronald Weiland
~2
Commissioner - Jose Rodriguez
...,~
_J
24
25 Commissioner - Marlene Ross
26 ATTEST:
27
28
29 Janet M. Prainito. CMC
30 City Clerk
3 ]
32 ( Corporate Seal)
I
II
II
II
J I S \CA\Ordmances\LOR Changes\Amend LOR ell 2 SEC ll(4)(Gasolmci doc
. /
"-
'0" '
.'(7'
\ i
\\
rr-
DEPARTMENT OF DEVELOPMENT
PLANNING "'NO ZONING
Memorandum PZ 09-018
DATE:
RE:
Chair and Members
Planning & DeveloFr;~ard
Michael w. RumPW V
Director ofPlanning:"aIid Zoning
Ed Breese t:,f:r)
Principal Planner
Apri16~2009
Interim Amendments to the Land Development Regulations
Planned Commercial District Setbacks - Accessory Fuel Pumps (CDRV 09-003)
Funeral Home with Cemetery (CDRV 09-004)
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
revisions to the LDR for immediate implementation. The most recent example of such interim
amendments involved the temporary display ofbanners for promotion of existing businesses.
These two subject amendments address the characteristics and operations associated with
properties undergoing annexation by the City. The amendments are designed to accommodate
current operations and future plans of the Sam's Club and Palm Beach Memorial Park. The two
amendments are summarized as follows; 1) add Cemeteries as accessory to Funeral Homes
within the Community Commercial (C-3) zoning district, on parcels in excess of 10 acres; and 2)
add a waiver process for minimum setbacks associated with ancillary fueling centers within
Planned Commercial Development (PCD) zoning districts annexed into the City.
BACKGROUND
The current zoning regulations allow Funeral Homes in commercial zoning districts by right.
Funeral Homes with Crematoriums are also allowed in commercial zoning districts, as a
conditional use. A Cemetery, as a principal use, is currently only allowed in the Public Usage
(PU) zoning district; however, the PU district is not intended for a privately-operated cemetery.
Staff is recommending the inclusion of cemetery use in the Community Commercial (C-3)
zoning district, as an ancillary use to a funeral home. The Palm Beach Memorial Park was an
allowable use under Palm Beach County zoning regulations and should continue as such
CDRV 09-003/CDRV 09-004
Page 2
following annexation into the City.
As part of the same annexation, the City would incorporate Sam's Club. One component of the
ultimate build-out of the property, according to Sam's Club representatives, IS the development
of an accessory fuel center for it's members, similar to warehouse retailers BJ's and Costel'
According to current regulations, Part III LDR, Chapter 2, Section 11, c_ "Commerc/(J!
Establishments Engaged In The Retail Sale Of Gasoline Or Gasoline Products" the ancillary
sale of gasoline is allowed in a Planned Commercial Development (PCD) district, but with ,1
minimum separation of 200 feet between any gas pump island or canopy and the adjacent right-
of-way. Due to the built status of Sam's Club, the proposed pump islands and canopy cannot be
located 200 feet from any right-of-way without interfering with current operations and onSIte
circulation. In all other zoning districts in which the sales of gasoline is allowed, the pump island
canopy may be located 20 feet from a right-of-way. The master plan submitted with the
requested annexation, land use and rezoning depicts the canopy approximately 50 feet from the
right-of-way of Seacrest Boulevard. At the time of first reading of the ordinances, staff described
the anticipated modification of the code regulations needed to accommodate the proposed
improvement, and that the requisite amendment would be timed with final approval of the
aIL.'1exation and rezoning. Therefore, staff is proposing this code amendment, which would creme
an opportunity for a waiver request in connection with an annexation. This would allow existmg
projects annexed into the City, which cannot fully meet certain development regulations, to seek
a waiver and mitigate any potential impacts.
PROPOSED AMENDMENTS
Existing regulations:
1. Cemeteries as accessory to Funeral Homes.
Currently, the C-l (Office and Professional) zoning district includes Funeral Homes as a
permitted use and as a conditional use when it includes a Crematorium. The corresponding
citations are as following:
. Section 6.A.l.c. - Funeral Homes
. Section 6.A.l.d. - Funeral Homes with Crematorium*
(*conditional use)
Note: Any use allowed in the C-I district is allowed in the C-3 district as well.
2. Minimum setbacks for accessory fuel pumps.
Currently, the Supplemental Regulations, Section 11. L. 4.a.(c) outlines the development
standards for "Commercial Establishments Engaged In The Retail Sale Of Gasoline Or Gasoline
Products ", and in particular, the distance the pump island canopy may be from a right-of-way.
The LDR currently reads as follows:
. Section 11. L. 4.a.(4)(c) - No gasoline pump island or canopy shall be located less than
two hundred (200) feet from any public right-of-way.
CDRV 09-003/CDRV 09-004
Page 3
Proposed regulations:
Staff proposes to amend the regulations governing cemeteries, currently allowed only in the
Public Usage (PU) zoning district and also gasoline dispensing establishments, when proposed as
an ancillary use to a principal use in the Planned Commercial Development (PCD) district, in
order to adequately accommodate Sam's Club and the Palm Beach Memorial Park upon their
annexation into the City. The proposed amendments are as follows:
1. Amend the Community Commercial (C-3) district regulations to ADD a new use to be
described as follows:
. Section 6. C. I.HR. - Funeral Homes with Cemetery, on parcels in excess of 10 acres:
and,
2. Amend the Supplement Regulations, and in particular, "Commercial Establishments
Engaged In The Retail Sales Of Gasoline Or Gasoline Products" regulations to ADD:
. Section 11. L. 4.a.(4)(e) - Waivers of provisions 4.a. (a) thru (d) above, may be granted
by the City Commission for existing projects annexed into the City, when the regulation
cannot be fully complied with, but where the intent of the LDR is met. The applicant
shall provide justification of the waiver and submit a mitigation plan off-setting the
impact.
RECOMMENDATION
Staff recommends the proposed amendments consistent with the action to annex the subject
parcels and move forward toward squaring off the City boundary, while preserving the intent and
quality of the City's LDR. As such, staff recommends that the proposed amendments to Land
Development Regulations be approved.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEWlCDRV 09-003 & CDRV 09-004\CDRV 09-00e.CDRV 09-004 Setbacks, Funeral Home
w Cemetery. doc
'({(' ~,,<; ,( 0 f'
~
" ...,.
KII. LEGAL
DEVELOPMENT
ITEM A.I0
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
0 A riI2], 2009
0 Ma 5,2009
0 ]9,2009
0 June 2, 2009
[gJ June ]6,2009
0 Jul 7,2009
0 Ju] 2],2009 Ju]
0 Au ust 4, 2009 Jul
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [gJ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business I
0 Public Hearing 0
RECOMMENDATION: Please place this request on the June 16, 2009 City Commission Agenda under Legal,
Ordinances - Second Reading. The City Commission on June 2, 2009, approved this request under Public Hearing and
Legal, Ordinances - First Reading. For further details pertaining to this request, see attached Department Memorandum No.
09-018 and the attached ordinance.
EXPLANATION:
PROJECT:
AGENT:
DESCRIPTION:
Funeral Home with Cemetery (CDRV 09-004)
City-initiated
Request for interim amendment to the Land Development Regulations, Chapter 2, Zoning
to allow Funeral Homes with Cemetery in the Community Commercial (C-3) zoning
district, on parcels in excess of 10 acres.
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES:
I
Development Departmen
u~-
City Manager's Signature
Assistant to City Manager ~
,/I I
~J
Planning and Zo
S :\Planning\SHARED\ WP\SPECP
rrector City Attorney! Finance
J\CODE REVIEw\CDRV 09-003 & CDRV 09-004\CDRV 09-004 Funeral Home w Cemetery 2nd read 6-2-09.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
, II
I
ORDINANCE NO. u9- (',.; -;
2
3
4
5
6
7
8
9
10
] ]
]2
] 3
]4
1 <;
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING LAND DEVELOPMENT
REGULATIONS, CHAPTER 2, SECTION 6(C) "C-3
COMMUNITY COMMERCIAL DISTRICT", BY ADDING
SUB-SECTION (C)(1)(HH) TO ALLOW THE INCLUSION
OF CEMETERY USE IN THE COMMUNITY
COMMERCIAL (C-3) ZONING DISTRICT AS AN
ANCILLARY USE TO A FUNERAL HOME ON PARCELS
IN EXCESS OF TEN (10) ACRES; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
16
WHEREAS, the current zoning regulations allow Funeral Homes in Office and
Professional Commercial (C -1) zoning districts by right; and
WHEREAS, Funeral Homes with Crematoriums are allowed in Office and Professional
]7
18
Commercial (C -1) zoning districts, as a conditional use: and
19
WHEREAS, a Cemetery, as a principal use, is currently only allowed in Public Usage
20
(PU) zoning district; and
2]
WHEREAS, staff is recommending the inclusion of cemetery use in the Community
22
Commercial (C-3) zoning district. as an ancillary use to a funeral home on parcels in excess of
7~
_..1
ten (10) acres; and
24
WHEREAS, the City Commission has considered staffs recommendations and reports.
25
and determines and finds that it would be appropriate to amend the Land Development
26
Regulation to reflect this addition: and
27
WHEREAS, the City Commission finds that the adoption of this ordinance IS 111 the
28
best interest of the health, safety. and welfare of the citizens and residents of the City ()f
29
Boynton Beach.
30
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
,
-, '
S \CA\Ordinances\LDR Changes\Amend I DR ell 2 sl::e h(CI(CemelerYI due
1 '
I
I
2
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing whereas clauses are true and correct and are now ratified
3
and confirmed by the City Commission.
4
Section 2.
Chapter 2, Section 6C of the Land Development Regulations of the City
5 of Boynton Beach Code of Ordinances is hereby amended as follows:
6 C. C-3 COMMUNITY COMMERCIAL DISTRICT. These
7 district regulations are to encourage the development of
8 appropriate intensive retail commercial facilities providing a wide
9 range of goods and services, located centrally and accommodating
10 three (3) or four (4) neighborhoods and located adj acent to at least
II one major thoroughfare.
12
*
*
*
,.,
J.J
hh. Cemeteries as accessory to Funeral Homes on parcels III
excess of ten (10) acres.
14
15
16
Section 3.
Each and every other provision of the Land Development Regulations
17 not herein specifically amended, shall remain in full force and effect as originally adopted.
18
Section 4.
All laws and ordinances applying to the City of Boynton Beach III
19 conflict with any provisions of this ordinance are hereby repealed.
20
Section 5.
Should any section or provision of this Ordinance or any portion thereof
21 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
22 remainder of this Ordinance.
23
Section 6.
Authority is hereby given to codify this Ordinance
24
Section 7.
This ordinance shall become effective immediately.
25
26
FIRST READING this _ day of
,2009.
- 2 -
S\CA\Ordinances\LDR Changes\Amend LDR CH 2 SEC 6(C)(Cemetery},doc
St~eOND, FINAL READrNG AND PASSAGE this
Ud> III
, \ ~ I .. I
')
3
eJTY OF BOYNTON BEACH, FLOR1DA
4
5
6
7
8
9
]0
I]
]:2
Mayor - Jerry Taylor
Vice Mayor - Woodrow L Hay
Commissioner - Ronald Weiland
13/
J4/
]51
161
17
J 8
]9 ATTEST:
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
:20
:2]
:2:2
Janet M. Prainito, CMC
City Clerk
')~
_J
24
25
';6 (Corporate Seal)
-:27
28 I
-:29
j
i i
I
II
I,
II S \CA\0rdmuncesILDR ChangeslAmend LDR CH::> Sl:-:C 6lCHCemel<:n'l doc
It
((7.
\: I
\
.\
k/
DEPARTMENT OF DEVELOPMENT
PLANNING A.ND ZONING
Memorandum PZ 09-018
DATE:
RE:
Chair and Members
Planning & Develo~~~~ard
Michael W. Rumpf~ V
Director of Planning "ana Zoning
Ed Breese t:,f;T)
Principal Planner
Apri16,2009
Interim Amendments to the Land Development Regulations
Planned Commercial District Setbacks - Accessory Fuel Pumps (CDRV 09-003)
Funeral Home with Cemetery (CDRV 09-004)
TO:
THROUGH:
FROM:
NATURE OF REQUEST
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
revisions to the LDR for immediate implementation. The most recent example of such interim
amendments involved the temporary display of banners for promotion of existing businesses.
These two subject amendments address the characteristics and operations associated with
properties undergoing annexation by the City. The amendments are designed to accommodate
current operations and future plans of the Sam's Club and Palm Beach Memorial Park. The two
amendments are summarized as follows; 1) add Cemeteries as accessory to Funeral Homes
within the Community Commercial (C-3) zoning district, on parcels in excess of 10 acres; and 2)
add a waiver process for minimum setbacks associated with ancillary fueling centers within
Planned Commercial Development (PCD) zoning districts annexed into the City.
BACKGROUND
The current zoning regulations allow Funeral Homes in commercial zoning districts by right.
Funeral Homes with Crematoriums are also allowed in commercial zoning districts, as a
conditional use. A Cemetery, as a principal use, is currently only allowed in the Public Usage
(PU) zoning district; however, the PU district is not intended for a privately-operated cemetery.
Staff is recommending the inclusion of cemetery use in the Community Commercial (C-3)
zoning district, as an ancillary use to a funeral home. The Palm Beach Memorial Park was an
allowable use under Palm Beach County zoning regulations and should continue as such
CDRV 09-003/CDRV 09-004
Page 2
following annexation into the City.
As part of the same annexation, the City would incorporate Sam's Club. One component of the
ultimate build-out of the property, according to Sam's Club representatives, is the development
of an accessory fuel center for it's members, similar to warehouse retailers BJ's and C OSlC('
According to current regulations, Part III LDR, Chapter 2, Section 11. L. "Commerclw
Establishments Engaged In The Retail Sale Of Gasoline Or Gasoline Products' the ancillan
sale of gasoline is allowed in a Planned Commercial Development (PCD) district. but V/lth
minimum separation of 200 feet between any gas pump island or canopy and the adjacent nglll
of-way. Due to the built status of Sam's Club, the proposed pump islands and canopy cannot he
located 200 feet from any right-of-way without interfering with current operations and onslte
circulation. In all other zoning districts in which the sales of gasoline is allowed, the pump islarld
canopy may be located 20 feet from a right-of-way. The master plan submitted with t]w
requested annexation, land use and rezoning depicts the canopy approximately 50 feet from the
right-of-way of Seacrest Boulevard. At the time of first reading of the ordinances. staff descrihed
the anticipated modification of the code regulations needed to accommodate the proposed
improvement, and that the requisite amendment would be timed with final approval of the
annexation and rezoning. Therefore, staff is proposing this code amendment, which would create
an opportunity for a waiver request in connection with an annexation. This would allow existmg
projects annexed into the City, which cannot fully meet certain development regulations, to seek
a waiver and mitigate any potential impacts.
PROPOSED AMENDMENTS
Existing regulations:
1. Cemeteries as accessory to Funeral Homes.
Currently, the C-1 (Office and Professional) zoning district includes Funeral Homes as a
permitted use and as a conditional use when it includes a Crematorium. The corresponding
citations are as following:
. Section 6.A.1.c. - Funeral Homes
. Section 6.A.l.d. - Funeral Homes with Crematorium*
(*conditional use)
Note: Any use allowed in the C-1 district is allowed in the C-3 district as well.
2. Minimum setbacks for accessory fuel pumps.
Currently, the Supplemental Regulations, Section 11. L. 4.a.( c) outlines the development
standards for "Commercial Establishments Engaged In The Retail Sale Of Gasoline Or Gasoline
Products ", and in particular, the distance the pump island canopy may be from a right-of-way.
The LDR currently reads as follows:
. Section 11. L. 4.a.( 4)( c) - No gasoline pump island or canopy shall be located less than
two hundred (200) feet from any public right-of-way.
CDRV 09-003/CDRV 09-004
Page 3
Proposed regulations:
Staff proposes to amend the regulations governing cemeteries, currently allowed only in the
Public Usage (PU) zoning district and also gasoline dispensing establishments, when proposed as
an ancillary use to a principal use in the Planned Commercial Development (PCD) district, in
order to adequately accommodate Sam's Club and the Palm Beach Memorial Park upon their
annexation into the City. The proposed amendments are as follows:
1. Amend the Community Commercial (C-3) district regulations to ADD a new use to be
described as follows:
. Section 6. C. I.HH. - Funeral Homes with Cemetery, on parcels in excess of 10 acres:
and,
2. Amend the Supplement Regulations, and in particular, "Commercial Establishments
Engaged In The Retail Sales Of Gasoline Or Gasoline Products" regulations to ADD:
. Section 11. L. 4.a.(4)(e) - Waivers of provisions 4.a. (a) tbru (d) above, may be granted
by the City Commission for existing projects annexed into the City, when the regulation
cannot be fully complied with, but where the intent of the LDR is met. The applicant
shall provide justification of the waiver and submit a mitigation plan off-setting the
impact.
RECOMMENDATION
Staff recommends the proposed amendments consistent with the action to annex the subject
parcels and move forward toward squaring off the City boundary, while preserving the intent and
quality of the City's LDR. As such, staff recommends that the proposed amendments to Land
Development Regulations be approved.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEWlCDRV 09-003 & CDRV 09-004\CDRV 09-00e.CDRV 09-004 Setbacks, Funeral Home
w Cemetery. doc
~\...y 0.<:-
v:. .,_'""""'""""'-
. j<. :':'-... .,.."',,' -~\,
~ !
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0\ j (J
',J-' , ./<:r
'if... _,<~V
'ON v
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOAAl
XII. - LEGAL - 2nd Reading
Non-Development
ITEM 8.1
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting: Dates Turned in to City Clerk's
Dates Office Office
0 Avril 2 I, 2009 ApriI6,2009ONoon) ~ June 16,2009 June 1,2009 (Noon)
0 Mav 5, 2009 April 20, 2009 ONoon) 0 July 7, 2009 June 15, 2009 (Noon)
0 Mav 19, 2009 May 4, 2009 ONoon) 0 July 21, 2009 July 6,2009 (Noon)
0 June 2, 2009 MavI8,2009ONoon) 0 August 4, 2009 JuJv20,2009 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Motion to approve second reading of the ordinance for the abandonment of a portion of N.E. 12th
Avenue via the associated ordinance. (#09-029).
EXPLANATION: The current roadway known as NE 12th Avenue (originally created as Maryland Avenue) was created in
the original record plat of WILMS WAY in 1950. Two (2) homeowner associations were then developed along both sides of
NE 12th Avenue which converted the eastern 60%:1: of the record plat of WILMS WAY in 1977 and 1986 respectively, that
included their own access roadways off ofNE 12th Avenue to each association.
The City of Boynton Beach encountered a rainfall event in the spring of 2000 that required the repair of a seawall behind an
existing lift station located within the current right-of-way ofNE 12th Avenue. This was completed in the Fall of200l, which
included the repair ofa wood dock along the seawall. Because the existing right-of-way extends into an existing canal (which
occupies the original NE 12th Avenue when the associations were created), the associations are requesting that that extended
portion ofNE 12th Avenue be abandoned in favor of the respective associations.
PROGRAM IMPACT: N / A
FISCAL IMPACT: N / A
ALTERNATIVES: Leave the existing right-of-way as it currently exist and monitor,
,1\ . 1/" "~: , /
! J //..;/ .-.1" " , " ,/,'
; f1 (4'.~_lY , ' " {"
/ " DePartIlltm Head:s Signature
City Manager's Signature
Assistant to City Manager~_.jL
Public Works / Engineering Division
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
I
II
ORDINANCE NO. 09-
1
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING
5 ABANDONMENT OF A PORTION OF
6 NORTHEAST 12TH A VENUE CURRENTL Y
7 PROTRUDING INTO THE CANAL \V'A TERW A Y,
8 SUBJECT TO STAFF COMMENTS;
9 AUTHORIZING THE CITY MANAGER TO
10 EXECUTE A DISCLAIMER, WHICH SHALL BE
J 1 RECORDED WITH THIS ORDINANCE IN THE
12 PUBLIC RECORDS OF PALM BEACH COUNTY,
13 FLORIDA; AND PROVIDING AN EFFECTIVE
14 DATE.
15
16 WHEREAS, the now known roadway ofN.E. lih Avenue (fka Maryland Avenue) was
17 created in the original record plat of WILMS WAY. as recorded in Plat Book 23, Page 1 lO.
18 according to the Public Records of Palm Beach County. Florida on October 26. 1950. and
19
20 WHEREAS, two (2) homeowner associations re-platted a portion of the aforesaid
21 record plat, those being the plat of LAKE WORTH MARINER VILLAGE (to the south) as
22 recorded in Plat Book 33, Pages 41 & 42, according to the Public Records of Palm beach
23 County, Florida on June 28, 1977, which incorporated original Wilms Way Lots 18 thru 26 and
24 a portion ofN.E. lih Avenue, and the plat of MARINER'S WAY (to the north) as recorded in
25 Plat Book 52, Page 193, Public Records of Palm Beach County, Florida on February 8. 1986,
26 which incorporated original Wilms Way Lots 1 thru 9 and a portion ofN.E. 12th Avenue, and
27
28 WHEREAS, the City of Boynton Beach encountered a rainfall event in the spring of
29 2000 that caused ground support damage to a existing seawall behind an existing Utilities
30 Department lift station located within the remainder ofN.E. 12th Avenue, said seavvall repairs
31 were made in the Fall of 200 L including a re-constructed wood dock along said seawalL and
32
33 WHEREAS, the two (2) homeowner associations have approach the city to abandon
34 that portion of N.E. 1 ih Avenue currently protruding into the canal waterway (beyond the
35 existing seawall supporting the city's lift station), and the City Commission discussed this issue
36 at their February 17, 2009 commission meeting. and directed staff to go forward vl/ith the
37 abandonment process and create an "hold harmless" agreement with the two homeovmer
38 associations.
39
40 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF
41 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
42
43 Section L 1 he foregoing Vlhereas clauses are true and correct and incorporated
44 herein by this reference.
45
5 \CA,Ordinances\Abandonments\NE l::th /\\cnue uc.cJ..,dlJc'
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Section 2. The legal description for that portion of N .E. 1 th A venue to be
abandoned is as follows:
Being the East 25 feet of the NE Ith Avenue right-of-way as shown on the plat
of LAKE WORTH MARINER VILLAGE, as recorded in Plat Book 33, Pages
41 & 42, and the East 25 feet of the NE Ith Avenue right-of-way as shown on
the plat of MARINER'S WAY as recorded in Plat Book 52, Page 193, both
according to the Public Records of Palm Beach County, Florida,
Subject to an access easement over the West 10 feet thereof for lift station
bulkhead wall maintenance purposes.
Section 3. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
of Palm Beach County, Florida.
Section 4. 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, an
paragraph, sentence or word be declared by a court of competent jurisdiction to b e invalid,
such decision shall not affect the remainder of this Ordinance.
Section 6.
Authority is hereby granted to codify this said Ordinance as necessary.
Section 7.
This Ordinance shall become effective immediately after passage.
,2009.
FIRST READING this _ day of
{REMAINDER OF PAGE INTENTIONALL LEFT BLANK}
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SECOND, Fr'-JAL READING ..\t\lD PASSAGE THIS
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ATTEST:
Janet M. Prainito, City Clerk
(Corporate Seal)
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S:\CA \Ordmanccs:Abandonmems\NE 12th A venue dLlch doc
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CITY OF BO'{NTO}.; BEACH. FLORID.'\
Mayor - Jerry Taylor
Vice Mayor - Woodrov. L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
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DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City
of Boynton Beach, Florida, does hereby abandon the extended portion of N .E. 1 ih A venue,
subject to staff comments. The property being abandoned is more particularly described as
follows:
Being the East 25 feet of the NE 12th Avenue right-of-way as shown on the
plat of LAKE WORTH MARINER VILLAGE, as recorded in Plat Book 33,
Pages 41 & 42, and the East 25 feet of the NE 12th Avenue right-of-way as
shown on the plat of MARINER'S WAY as recorded in Plat Book 52, Page
193, both according to the Public Records of Palm Beach County, Florida,
Subject to an access easement over the West 10 feet thereof for lift station
bulkhead wall maintenance purposes.
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
Beach, Florida, have hereunto set their hands and affixed the seal of the City this _
,2009.
day of
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
Kurt Bressner, City Manager
Janet M. Prainito
City Clerk
ST ATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton
Beach, Florida, known to me to be the persons described in and who executed the
foregoing instrument, and acknowledged the execution thereof that they affixed thereto
the official seal of said corporation; and that said instrument is the act and deed of said
corporation.
WITNESS my hand and official seal in the said State and County this _ day of
,2009.
NOTARY PUBLIC, State of Florida
My Commission Expires:
S'\CA\Ordinances\Abandonments\NE 12th Avenue dock.doc
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Return to and Prepared by:
\' incent J Pi;vz:1
\1athews & Piazza, P.A.
1 325 S. Congress Ave" Suite 1 04
Boynton Beach, Fl. 33426
DOCK INDEMNIFICATION AGREEMENT
THIS DOCK INDEMNIF1CA nON AGREEMENT is made as of the da\ \Ii
-~_._-~ -
2009. by the CITY OF BOYNTON BEACH. a political subdivision. ("CITY"I.
Mariner's Way Association. 1nc" a Florida non profit corporation. ("'Mariner HO.:\'"
Constantine Management Company, L.P.. a California limited partnership. ("South Owner'") and
David Hemingway and Robin Hemingway (collectively "North Owner'").
PRE A M B L E:
As part of certain plat knovm as "Wilms Way Plat'" recorded in Plat Book 23. Page 11 ()
of the Public Records of Palm Beach County Florida. the public was dedicated a road right of
way on Maryland Avenue n/kJa NE 12th Avenue for the perpetual use as a public highway.
The public dedication ofNE 12th A venue falls within the purviev. of the authority of tl1L'
CITY,
In accordance with . the CITY abandoned that certain
submerged portion ofNE 1ih Avenue ("Abandoned Road'") improved b) a dock owned by
Mariner HOA and South Owner, and subject to North Owner" s exclusive right to use and OCCUP\
the northern half of the dock consistent with the provisions of the Declaration of Restrictions l11
!\1ariner's '^' ay" as amended.
As part of the abandonment. CITY desires to obtain an indemnity and hold harmless
agreement from Mariner HOA and South Owner regarding the dock.
Mariner HOA desires to obtain an indemnity and hold harmless agreement from North
Owner as the exclusive possessor and Ilser of the northern half of the dock.
The parties desire to provide evidence of and specifically set forth the duties and
obligations with respect to the indemnities for the dock.
In consideration of the foregoing. the premises and mutual benefits and covenants
contained herein, and other good and val uable consideration provided by the terms of the
Agreement. the sufficiency and receipt of which is hereby acknowledged. the parties agree a:--.
follows:
1. Mariner"s HOA shall indemnify the CITY against and sa\e CITY harmless In1111
any and all damages. costs and expenses which are actually incurred or sutTered by CITY at an\
time or times arising from personal injuries sustained by persons on the northern half of the
abandoned property including. without limitation. reasonable attorney fees and court costs
/
2. South Owner, at its sole cost and expense, shall indemnify the CITY against and
save CITY harmless from any and all damages, costs and expenses of any kind or of any nature
whatsoever which may be actually incurred or suffered by CITY at any time or times arising
from or out of activities on or about, or alleged to be on or about, the southern half of the dock,
including without limitation, reasonable attorney fees and court costs.
3. North Owner shall indemnify Mariner's HOA against and save Mariner's HOA
harmless from any and all damages, costs and expenses which are actually incurred or suffered
by Mariner's HOA at any time or times arising from personal injuries sustained by persons on
the northern half of the abandoned property including, without limitation, reasonable attorney
fees and court costs. In addition, North Owner shall indemnify Mariner's HOA for any sums
Mariner's HOA may incur to City consistent with its obligation to indemnify the City as
provided in this agreement.
4. North Owner, at all times, shall maintain a comprehensive general liability
insurance policy on the north half of the dock.
5. No provision of this Agreement may be changed, waived, discharged or
terminated except by an instrument in writing signed by the party or parties who may reasonably
be construed to benefit from the language sought to be changed, waived or discharged.
6. This Agreement and the rights and obligations of the parties hereunder shall in all
respects be governed by, construed and enforced in accordance with, the laws of the State of
Florida.
7.
property.
The covenants and provisions of this Agreement shall run with the abandoned
IN WITNESS WHEREOF, the undersigned have executed this Agreement on the day
and year first above written
WITNESSES:
CITY:
City of Boynton Beach
By:
Mariner's Way Association, Inc., a Florida non
profit corporation
By: Steve Fleck, as its President
"
L
('unstantine 1'vlanagemenl (ol1l!,an\. '.j:
('alifornia limited partnership
Bv:
_ (icneral Parnter
David Heminawav
to .
Robin Hemingv,:ay
State of Florida )
)
County of Palm Beach)
SWORN TO AND SUBSCRIBED before me this day of , 2009 [1\
of the City uf Boynton Beach, \.\11\\
provided _
as proof of identification
~ -~-_.
NOTARY PUBLlC-STA TE OF FLORID \
My commission expires:
State of Florida )
)
County of Palm Beach)
SVv'ORN TO AND SUBSCRIBED before me this __ day of ___~__ . ~()Ol) t"
Steve Fleck. President of Mariner's Way Association. Ine.. a Florida non profit corporation \\ /1"
provided as proof of identification.
'JOTARY PUBLIC-ST:~TF OF Fl OR!D\
My commission expires:
State of
County of
)
)
)
SWORN TO AND SUBSCRIBED before me this _ day of , 2009 by
, as general partner for Constantine Management Company, L.P., a
California limited partnership, who provided as proof of identification.
NOTARY PUBLIC-STATE OF FLORIDA
My commission expires:
State of Florida )
)
County of Palm Beach)
SWORN TO AND SUBSCRIBED before me this _ day of
David Hemingway and Robin Hemingway who provided
identification.
, 2009 by
as proof of
NOTARY PUBLIC-STATE OF FLORIDA
My commission expires:
W'lWPDOCSIMariners Way\GC\Abandoment Indemnity Agreement v2 doc
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BlLL OF SALE
KNOW ALL MEN BY THESE PRESENTS THAT CITY Of BOYNTON BEAU L li
political suhdivision, in tbe County of Palm Beach, State of Florida, parties of the first part. for and
in consideration of the sum ofTEN DOLLARS and other good and valuable considerations, lawful
money of the United States, to them paid by MARINER'S WAY ASSOCLil,. TION. INC.. a Florida
non profit corporation, parties of the second part. the receipt whereof is hereby acknO\vledged. ha~,
granted. bargained, sold. transferred and delivered. and by these presents does grant. bargain. selL
transfer and deliver unto the said parties of the second part. their executors. administrators and
assigns. the follo\ving:
That Northerly 37.5 feet of that certain dock adjacent to that certain bulkhead located
Easterly ofthe intersection ofN.E. 12th Avenue and N.E. 12th Terrace and South of Lot ] ul
Mariners Way, according to the Plat thereof. as recorded in Plat Book 52. Page 193 of thl:'
Public Records of Palm Beach Countv. Florida and North of Lot 1 of Lake \\'orth Marint'!
Village. accordIng to the Plat thereol'. recorded in Plat Book 33, Pages 4] and 42 of tl;e
Public Records of Palm Beach County florida, having the approximate dimensions on: ~
feet in length and 3 feet in width.
TO HA VE AND TO HOLD the same unto the said parties ofthe second part. their executllrc.
3dministrators and assigns forever.
AND thev do. for them and their heirs, executors and administrators. covenant to amI VI' nil
the said parties ohhe second part. tl1eir executors. administrators and assigns, that they are the lawful
O\\'ners of the said Qoods and chattels: that the"v are free from all encumbrances. that they have Ell,ld
right to sell the saCd aforesaid, and that they will warrant and defend the sale of the said prop'erty.
goods and chattels hereby made. unto the said parties of the second part. their executur',
administrators and assigns against the lawful claims and demands of all persons whomsoever
IN \VITNESS WHEREOF. they have hereunto set their hand ancl seal this
.2009.
da\ 1\1
Signed, sealed and delivered
in the presence of:
City of Boynton Beach
Witness
By:
Printed Name of Witness
Witness
Printed Name of Witness
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2007, by , as -
Boynton Beach, who is personally known to me or who has produced
as identification.
,
of the City of
Name:
Notary Public-State of
Commission No.:
My commission expires:
BILL OF SALF.
KNOW ALL MEN BY THESE PRESENTS THAT CITY OF BO\(NTON BEAUL c'
political subdivision. in the County of Palm Beach, State of Florida, parties of the first part. for and
in consideration of the sum ofTEN DOLLARS and other good and valuable considerations. lawful
money of the United States. to them paid by CONSTANTINE MANAGEMENT COMPANY. I l'
a California limited partnership, parties of the second part. the receipt whereof is here\>\
acknowledged. has granted, bargained, sold. transfened and delivered, and by these presents C](\(,>
grant. bargain, sell, transfer and deliver unto the said parties of the second part. their execut(lh.
administrators and assigns, the following:
That Southerly 31.67 feet of that certain dock adjacent to that certain bulkhead located
Easterly of the intersection ofN.E. 1.:2\11 A venue and N.E. ] .:2111 Terrace and South of Lot] 1 It
Mariners \Vav. according to the Plat thereof. as recorded in Plat Book 52. Paue 193 of the
Public Recor~is of Palm Beach County. Florida and North of Lot 1 of Lake \\~orth Marine1
Village, according to the Plat thereof. recorded in Plat Rook 33. Pages -l i and -12 1)1 thl
Public Records of Palm Beach County Florida. having the approximate dimensil11ls ()P 1 1'-
feet in length and 5 feet in width.
TO HAVE AND TO HOLD the same unto the said parties of the second part. their executt))"-;
administrators and assigns forever.
AND they do. for them and their heirs. executors and administrators, covenant to and \vlth
the said parties ot'the second part, their executors, administrators and assigns. that the) are the [a\\tl1l
o\vners of the said goods and chattels; that they are free from all encumbrances. that they have gl)( III
right to sell the said aforesaid, and that they will warrant and defend the sale of the said propen\
goods and chattels hereby made, unto the said parties of the second parL their execul( 'I"
administrators and assigns against tIle lawful claims and demands of all persons whnmsnever
IN VnTNESS WHEREOF, they have hereunto set their hand and seal thi"
. 2009.
da\ \ \
Signed, sealed and delivered
in the presence of:
City of Boynton Beach
Witness
Ih:~
Printed Name of Witness
Witness
Printed Name of Witness
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
2007, by , as
Boynton Beach, who is personally known to me or who has produced
as identification.
Name:
Notary Public-State of
Commission No.:
My commission expires:
,
of the City of
XII. - LEGAL - 2nd Reading
Non-Development
ITEM B.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Fonn Must be Requested City Date Final Fonn Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 Aori121,2009 April 6, 2009 (Noon) r8:I June 16, 2009 June L 2009 (Noon)
0 Mav 5, 2009 April 20, 2009 (Noon) 0
0 Mav 19, 2009 Mav4,2009(Noon) 0
0 June 2, 2009 Mav 18,2009 (Noon) 0
0 An nouncem en ts/Presentation s 0 City Manager's Reoort
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda r8:I Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Adopt Ordinance on second reading amending City Code to transItIon
from a City Commission CRA Board to a seven (7) member CRA Board not consisting of members of
the City Commission.
EXPLANATION: At its May 5th 2009, City Commission Meeting, the City Commission approved
moving forward with amendment of the Community Redevelopment Agency to include two additional
persons to act as members of the CRA Board. Modification of the CRA Board to include 2 members
requires a passage of an ordinance and two Resolutions; one Resolution appointing each of the two new
members. Following discussion on first reading of the Ordinance the Commission directed the
preparation of an Ordinance creating a seven member CRA Board not consisting of members of the City
Commission,
Florida Statute Section 163.3 56(2)(b) requires that:
Any person may be appointed as a Commissioner (Board Member) if he or she resides or is engaged in
business, which means owning a business, practicing a profession, or performing a service for
compensation, or serving as an officer or director of a corporation or other business entity so engaged,
within the area of operation of the agency, which shall be coterminous with the area of operation of the
municipality and is otherwise eligible for such appointment under this part.
PROGRAM IMP ACT:
None
FISCAL IMP ACT: None to City; CRA may incur minor operational costs associated with the
expansion of the Board.
SIBULLETINlFORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
!
Take no action and leave the City Commission as the CRA Board or
Create a Board comprised only of non-City Commission members which
could consist of five (5) to nine (9) members.
Create a Board comprised of the five City Commissioners plus two
additional members.
ALTERNATIVES: 1.
..,
-'.
~~ ~/~'l/'S
Department Head's Signature
.~~,
City Manager's Signature
Assistant to City Manager~-/X
.. ~~---------
City Attorney
Department Name
City Attorney / Finance
S \[3lILLETlMFORMS'JIGEND/1 [TEM REQUEST FORM Due
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ORDINANCE NO. 09- 030
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 2. ADMINISTRATION, SECTION 2-13.2
PROVIDING FOR APPOINTMENT OF A SEVEN
MEMBER BOARD OF COMMISSONERS OF THE
COMMUNITY REDEVELOPMENT AGENCY;
PROVIDING A TRANSITION DATE FOR THE SEVEN
MEMBER BOARD TO TAKE OFFICE; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach has determined that it is in the best interests of
the citizens and residents of the City to appoint a seven member Board of Commissioners of the
Community Redevelopment Agency in lieu of the City Commission providing governance of
the Agency.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That Chapter 2. Administration, Section 2-13.2 shall be amended by
adding the words and figures in underlined type, as follows:
Sec. 2-13.2. Governing body of community redevelopment agency.*
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_(a) The members of the City Commission constitute the governing body (Board) of
the Community Redevelopment Agency shall be comprised of seven (7) members appointed by
the City Commission.
3 ]
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_(b) Chair and Vice-Chair. The Citv Commission shall designate Mayor shall be the
Chairperson and the Vice Mayor the Vice Chairperson of the Board of the Community
Redevelopment Agency.
34
(c)
The terms of office of the Board Members shall be for 4 vears. except that three
of the members first appointed shall be desillnated to serve terms of 1. 2. and 3
vears. respectively. from the date of their appointments. and all other members
shall be designated to serve for terms of 4 years from the date of their
appointments. A vacancv occurring during a term shall be filled for the
unexpired tern1.
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~-\llV person Dlav be appointed as a Board ~v1 enl.ber ~t~_b_~_~1J_ ~Jle__ reslci~.~__~I.T' _:.~~
enQ'ag:ed in business. which means owning, a business. practicing: a profession. ur
performing: a service for compensation. or servinQ. as an officer or director~~LQ
corporation or other business entitv so enQ'aQ'ed. within the area of operation of
the AQencv. which shall be coterminous with the area of operation of the_UT~-,
and is otherwise elig:ible for such appointment under Part III of Chapter..: c-:.:' ,
Florida Statutes.
ordinances or parts of ordinances m conflict herewith be and the
Section 3. 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 4.
Authority is hereby granted to codify said ordinance,
Section 5. This ordinance shall become effective immediately upon passage,
however, the transition date of the Agency Board from the City Commission to the seven (7)
member Board shall be at the commencement of the Board Meeting, held on the second Tuesday
of the month following the appointment of the seven (7) board members. at \vhich time the
seven (7) member board shall take office.
FIRST READING this _ day ofJune, 2009.
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S:ICAIOrdinanceslCRAICRA Board Seven New 1\1embers U60::'1}9,d"c
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SECOND, FINAL READING AND PASSAGE this
day of June, 2009.
CITY OF BOYNTON BEACH, FLORlDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
3
S:\CA\OrdinanceslCRA\CRA Board Seven New Members 060209.doc
XII. - LEGAL
ITEM 0.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
0 A ril21, 2009
0 Ma 5,2009
0 Ma 19,2009
0 June 2, 2009
r8J June 16,2009
o Jul 7,2009
o Jul 21, 2009
o Au ust 4, 2009
Jul
Jul
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM r8J Consent Agenda r8J Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA nON: Please maintain this request as a tabled item on the June 16, 2009 City Commission
Agenda under Consent Agenda - Resolutions. The City Commission tabled this request on June 2nd to allow additional time
for the applicant to work toward resolutions to concerns raised by the adjacent property owner. Staff continues to endorse this
Resolution, which approves and authorizes execution of an Annexation Agreement as part of the annexation of the Palm
Beach Memorial Park property. For further infonnation on this request, please see the explanation below, the accompanying
resolution and proposed annexation agreement.
EXPLANATION: Staff summarized the many issues related to the annexation of the Palm Beach Memorial Park and
Sam's Club properties in prior agenda items to the City Commission, including the October, 2008 item requesting
authorization to enter into a utility extension agreement with Palm Beach Memorial Park (see Attachment "A"), and the April
2151 update report (see Attachment "B"). Staff included in the update report an explanation on the use of separate annexation
agreements to address the principal issues. The subject resolution covers the annexation agreement with Northstar Palm
Beach, LLC, owner of the Memorial Park. The Palm Beach Memorial Park/Sam's Club land use amendment was approved by
the Commission for transmittal to the DCA on January 20, 2009, and fmal adoption is also scheduled for June 2nd. The
annexation agreement primarily accomplishes the following: 1) documents the plan to construct a mausoleum and/or
crematorium on the Property and the conditional use status of such use within the C-3 zoning district; 2) recognizes the plans
for placement of a billboard at the northwest comer of the property and the applicability of the City's billboard settlement
agreement; 3) documents the fmancing plan offered by the city for subsequent utility infrastructure costs; and 4) commits the
City to monetary contributions in connection with billboard siting costs. A general location map is attached hereto as
Attachment "C").
With respect to item #2 above, the location of the proposed billboard at the northwest comer of the property is intended to
maximize its distance from the adjacent residential land use, which ensures compliance with the residential separation
requirement of the settlement agreement. Paragraph #11 of the proposed annexation agreement reads as follows:
Billboard. City acknowledges that Owner intends to submit permit applications to locate a billboard on a portion of the
Property. To the extent such a billboard is permitted on the Property in accordance with that certain Settlement Agreement
between City, Florida Outdoor Advertising, LLC and Gold Coast Advertising, Inc, the City agrees that it will process such
request for approval by the City Commission as it relates to the location of the billboard on the Property. The billboard
shall be located in the Northwest quadrant of the property in a location depicted on Exhibit HB ".
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
With respect to items #3 and #4 above, paragraph #14 has been drafted to detail the terms by which the City will provIde
financing for the ultimate utility improvements, but to also include two monetary obligations that have recently been agreed
upon and therefore were not part of the original utility financing provision as explained to, and agreed upon by the
Commission on October 21,2008 (see Attachment "A"). As described below in the excerpt from the agreement, this
additional $35,000 includes $30,000 toward documented infrastructure costs associated with the location of the billboard at
the northwest comer of the subject property, and $5,000 for the consideration of clarification and limitation on the lighting
provisions as described in paragraph #8 of the billboard settlement agreement. The entire paragraph # 14 is drafted to read as
follows:
Financing Assistance. At such time that Owner connects to the City's water and sewer system, City agrees to jinance a
portion of Owner '.I construction costs for installation of materials and connection to the City's water and sewC'r ImC's
Specifically, O,vner shall be required to make an initial pa,vment in the amount of $30.000.00 toward such inji-astrllCfurc
improvements, with the balance of the construction costs borne by the Cd}'. Owner shall be required to repay the ('in nl/ iI
monthly basis over a ten (10) year period through a utility bill surcharge
With respect to the installation of a billboard per Paragraph 1 J. the City shall reimburse the Owner/or site development
costs associated with the installation of a billboard that conforms to the terms of Paragraph!! in an arnount 1101 :0 exceed
$30,000 subject to receipt of certified costs provided by a licensed professional civil engineer
The City will also pay, jointly to Owner and the Billboard Vendor, $5,000.00 in consideration of clarification and limitation
of paragraph 8 of the Settlement Agreement between City. Florida Outdoor Advertising, LLC and Gold Coast Advertising,
Inc. which relates to sign lighting. Notwithstanding any other interpretation of paragraph. sign lighting is limited to lighting
devices which illuminate the sign face from an external appendage to the sign and not lighting that emanates from within the
sign or ji-om the sign face, such as a full color or LED display system. All other restrictions on lighting contained zn
paragraph 8 shall continue to apply. Owner shall obtain a written acknowledgement and consent ji-om the Billboard f'endor
lvith respect to this lighting provision,
PROGRAM IMP ACT: This process and corresponding prerequisites are necessary for the ultimate annexation of
approximately 45 acres ofland along North Seacrest Boulevard.
FISCAL IMPACT: The overall annexations (the Palm Beach Memorial Park/Sam's Club properties and the pocket
properties) are anticipated to contribute approximately $120,000 to the City's annual property tax revenues.
ALTERNATIVES:
Not approved the resolution which is a prerequisite to thjnnexation of the subject property
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RESOLUTION NO. R09- 08 Y
A RESOLUTION OF THE CITY COMMISSION OF
BOYNTON BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE MA YOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND NORTHST AR PALM BEACH, LLC,
REGARDING ANNEXATION OF NORTHSTAR PALM
BEACH PROPERTY INTO THE CITY BOUNDARY.
WHEREAS, NORTHSTAR PALM BEACH, LLC is the fee simple owner of certain
13
real property located in unincorporated Palm Beach County, Florida ("County") which is
14
located at 3691 Seacrest Boulevard in the City; and
15
WHEREAS, the Parties desire to annex the Property into the City's municipal
16
boundaries and have initiated the process required by law to enact an ordinance adopting a
17
petition for voluntary annexation of the Property into the City, pursuant to Section 171.044(2),
18
Florida Statutes ("Annexation"); and
19
WHEREAS, Owner has previously constructed certain improvements for commercial,
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retail and service uses on the Property; and
21
WHEREAS, the parties desire to enter into this Agreement to memorialize and
22
document their understanding and agreement with respect to annexation, future development
23
and use of the Property; and
24
WHEREAS, the City Commission of the City of Boynton Beach, upon
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",)
recommendation of staff, deems it to be in the best interest of the residents and citizens of the
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City of Boynton Beach to approve the Annexation Agreement between the City of Boynton
27
Beach and NORTHSTAR PALM BEACH, LLC.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Ii
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II
Section 1.
E,ach \1/ncrcas clause set forth U0C)\ (".' lS u~u\..~ and '':l_''l~r\:'Cl and 1 "i"}Ci ,rrii !j"'iJ,l.l'l.I
!
herein by this reference.
J
Section 2.
The City Commission of the City of Boynton Beach. Florida does hereb\
..:j. approve and authorize the Mayor the execute the Annexation Agreement between the ( 1t) oj
5 Boynton Beach and NORTHST AR PAL M BEACH. LLC to document their understanding and
6 agreement with respect to annexation and subsequent improvement of the Property: J copy of
7 said Annexation Agreement is attached hereto as Exhibit "A"
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10
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Section 3.
That this resolution becomes effective immediatelv upon passage
PASSED AND ADOPTED this
day of June. 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor. Jerry Taylor
Vice Mayor \Voodrov, L. Ha)
Commissioner- Ronald \\'eiland
ATTEST:
Commissioner -- Jose Rodriguu
Commissioner Marlene Ross
23 Janet M. Prainito, CMC
24 City Clerk
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'J. 7 (C orporate Seal)
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Roq- 084
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT ("Agreement") is made and entered into this_
day of ,2009 by and between the CITY OF BOYNTON BEACH, FLORIDA, a
municipal corporation ("City"), and NOR THST AR PALM BEACH, LLC, a Florida limited liability
company ("Owner").
WIT N E SSE T H:
WHEREAS, Owner is the fee simple owner of certain real property located in unincorporated
Palm Beach County, Florida ("County") which is located at 3691 Seacrest Boulevard in the City and
is legally described in Exhibit "A" attached hereto and made a part hereof ("Property"); and
WHEREAS, the Parties desire to annex the Property into the City's municipal boundaries and
have initiated the process required by law to enact an ordinance adopting a petition for voluntary
annexation of the Property into the City, pursuant to Section 171.044(2), Florida Statutes
("Annexation"); and
WHEREAS, the City has determined that the Property is contiguous to the City and
reasonably compact, and the City desires to annex the Property into the City; and
WHEREAS, Owner has previously constructed certain improvements for cemetery and
associated ancillary uses on the Property; and
WHEREAS, the parties believe it is in their mutual best interest to initiate the process
required by law to enable Owner to maintain, operate and develop the Property in accordance with
the terms and provisions of this Agreement; and
WHEREAS, the parties desire to enter into this Agreement to memorialize their
understanding and agreement with respect to annexation of the Property.
NOW, THEREFORE, in consideration of the mutual promises, undertakings, terms and
conditions set forth herein, the parties mutually agree as follows:
1. Recitals; Exhibits. The foregoing recitations are true and correct and are hereby
incorporated herein by reference and are valid and binding on the parties hereto. All exhibits to this
Agreement are incorporated by reference, are hereby deemed a part hereof and are valid and binding
on the parties hereto.
2. Le2:al Authority. This Agreement is entered into under the authority of the Florida
Constitution (including Article Vill, Section 2(b) thereof), the general powers conferred upon
municipalities by statute and otherwise, the Municipal Annexation or Contract Act ("Annexation
Act"), Florida Statutes Section 171.011 et seq., and the City's Charter.
3. Property Ownership. Owner acknowledges and represents to the City that it owns the
Property and has the authority to enter into this Agreement.
4. Application for Voluntary Annexation. This Agreement shall be incorporated into tlJl
Application for Voluntary Annexation ("Annexation Application" \, which was prevlOus]y submitteeJ
to the City, subject to the terms and conditions of this Agreement.
5. Annexation. Owner previously voluntarily filed the Annexation Application with the
City to annex the Property into the City's boundaries, and the City has initiated the process to
accomplish said annexation in compliance with Section 171.044(2), Florida Statutes, and all other
applicable state and local laws and regulations. The City approved the voluntary annexation of the
Property on First Reading on January 20, 2009, The Annexation Application does not become
effective until finally approved by the City Commission on Second Reading.
6. Effective Date. This Agreement shall become effective following final approval of the
Annexation Application and upon the date the last of the parties executes this Agreement.
7. Land Use and Zoning.
(a) The Property is currently designated Institutional and Public Facilities (INS T) on the
Palm Beach County Future Land Use Plan Map and is included within Palm Beach
County's Residential Multifamily (RM) zoning category; and
(b) Concurrent with the Annexation Application, Owner submitted applications to the
City to amend the Future Land Use designation of the Property to Local Retail
Commercial (LRC) and change the zoning designation of the Property to C-3
Community Commercial. The City is currently processing these land use and
rezoning applications concurrently with the Annexation Application; and
(c) Owner represents that all existing uses and improvements currently located on the
Property are in conformance with all applicable zoning, land development and
building regulations of Palm Beach County and the City has accepted and relied on
those representations.
8. Prior County Action. City agrees that consistent with Section 171.062, Florida Statutes
and prior to the effective date of the annexation of the Property, to the extent that County has
processed any changes to the land use or zoning on the Property and approved any plates), site
planes) or other development approvals, City will recognize the effectiveness of said approvals
without requiring re-review or additional approval of the City and will permit construction of an)
improvements for which unexpired permits have been issued by the County pursuant to said
approvals.
9. Cooperation In Development Approval Process. The City hereby agrees to cooperate
with Owner in good faith in all aspects of the development review process for the Property. In this
regard, the City agrees that its administrative staff will facilitate all necessary approvals and respond
diligently and expeditiously to all requests and inquiries from Owner regarding such approvals. The
cooperation of the City in facilitating the expeditious development review process does not constitute
an agreement to approve:
(a) Site plans
(b) Variances or waivers
(c) Zoning changes
(d) Certificates of occupancy
(e) Permits (building, electrical, etc...)
as approvals of that nature are subject to either quasi-judicial review or administrative review by the
City's building official or his designees. Nothing in the Agreement constitutes a promise or
obligation of the City to zone or rezone Owner's property to any zoning designation which is not
consistent with the City's Comprehensive Plan or zoning regulations, as amended from time to time.
The City shall treat the Property as if it was inside City boundaries for purposes of all permitting,
inspections, and approvals for future improvements proposed upon the Property and shall review all
applications in as expeditious a manner as possible.
10. Future Development. City acknowledges that Owner intends to seek future approvals
from the City for construction of a mausoleum and/or crematorium on the Property and confirms that
such use is a conditional use allowed by the City's C-3 Community Commercial zoning regulations,
subject to compliance with all applicable development regulations.
11. Billboard. City acknowledges that Owner intends to submit permit applications to locate
a billboard on a portion of the Property. To the extent such a billboard is permitted on the Property
in accordance with that certain Settlement Agreement between City, Florida Outdoor Advertising,
LLC and Gold Coast Advertising, Inc, the City agrees that it will process such request for approval
by the City Commission as it relates to the location of the billboard on the Property. The billboard
shall be located in the Northwest quadrant of the property in a location depicted on Exhibit "B".
12. Public Facilities. The City hereby covenants that all public facilities, as defined in
Section 163.3221, Florida Statutes, including, but not limited to, roads, drainage, police and fire
service, sanitation service, parks and recreation service, and general governmental facilities, will be
available to the Property at levels of service consistent with the City's Comprehensive Plan.
13. Water and Sewer Connections. The Property is not currently connected to the City's
water or sewer system. City acknowledges and agrees that Owner may continue to operate the
Property on well and septic. Owner acknowledges that such connections will be required for the
Property prior to issuance of a certificate of occupancy for any future development proposed on the
Property resulting in an increase in water and septic usage equal to or exceeding five (5%) or Ten
(10) years from the date of this Agreement, whichever occurs first.
14. Financing Assistance. At such time that Owner connects to the City's water and sewer
system, City agrees to finance a portion of Owner's construction costs for installation of materials
and connection to the City's water and sewer lines. Specifically, Owner shall be required to make an
initial payment in the amount of $30,000.00 toward such infrastructure improvements, with the
balance of the construction costs borne by the City. Owner shall be required to repay the City on a
monthly basis over a ten (10) year period through a utility bill surcharge
'With respect to the installation of a billboard per Paragraph 1 i, the City shall reimburse the 0\"";1('1
for site development costs associated with the installation ofa billboard that confonns to the tem1S (;'
Paragraph 11 in an amount not to exceed $30.000 subject to receipt of certified costs provided b:. ;
licensed professional civil engineer.
The City will also pay, jointly to Owner and the Billboard Vendor, $5,000.00 in consideration of
clarification and limitation of paragraph 8 of the Settlement Agreement between City, Florida
Outdoor Advertising, LLC and Gold Coast Advertising, Inc. which relates to sign lighting.
Notwithstanding any other interpretation of paragraph, sign lighting is limited to lighting devices
which illuminate the sign face from an external appendage to the sign and not lighting that emanates
from within the sign or from the sign face, such as a full color or LED display system. All other
restrictions on lighting contained in paragraph 8 shall continue to apply. Owner shall obtain a written
acknowledgement and consent from the Billboard Vendor with respect to this lighting provision
15. Recording. This Agreement shall be recorded in the public records of Palm Beach
County, Florida upon execution by all parties hereto.
16. Necessity of Complying with Local Laws. The parties agree that the failure of th]5
Agreement to address a particular permit, condition, term or restriction shall not relieve Owner of the
necessity of complying with the law governing said permitting requirements, conditions, terms or
restrictions.
17. Default. lfthe City shall default in any of the terms, covenants and/or provisions ofth]s
Agreement to be performed on the part of the City, Owner shall have all rights and remedies against
the City as set forth herein, as well as all rights and remedies available at law and/or in equity.
including, without limitation, the right to specific performance. lfOwner shall default in any of the
terms, covenants and/or provisions ofthis Agreement to be performed on the part of Owner, the City
shall have all rights and remedies against Owner as set forth herein, as well as all rights and remedies
available at law and/or in equity, including, without limitation, the right to specific performance
18. Assignability. Neither party shall assign this Agreement or any interest hereunder, 111
whole or in part, without the prior written consent ofthe other party, which consent may be withheld
for any reason in their sole and absolute discretion.
19. Miscellaneous.
(a) Entire Agreement. This Agreement sets forth all of the promises, covenants,
agreements, conditions and understandings between the parties hereto, and
supersedes all prior and contemporaneous agreements, understandings,
inducements or conditions, express or implied, oral or written.
(b) Pronouns. All pronouns and any variations thereof shall be deemed to refer
to the masculine and neuter, singular or plural, as the identity of the party or
parties, personal representatives, successors or assigns may require.
(c) Severability, The invalidity of the provisions hereof shall in no way affect or
invalidate the remainder of this Agreement.
(d) Counterpart. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which shall together
constitute one in the same instrument.
(e) Headings. The headings contained in this Agreement are inserted for
convenience only and shall not effect, in any way, the meaning or
interpretation of the Agreement.
(f) Governing Law. This Agreement shall be construed in accordance with the
laws ofthe State of Florida, and any proceeding arising between the parties in
any manner pertaining to this Agreement shall, to the extent permitted by law,
be held in Palm Beach County, Florida.
(g) Binding Effect. The obligations imposed pursuant to this Agreement upon
the Property shall run with and bind the Property as covenants running with
the Property and this Agreement shall be binding upon and enforceable by the
parties hereto, their personal representatives, heirs, successors, grantees.
(THE REMAINDER OF THIS P AGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the parties hereto have executed this Annexation Agreement as (\'
the day and year written above.
WITNESSES:
NORTHSTAR PALM BEACH, LLC,
a Florida limited liability company
Print Name
By:
Print Name
STATE OF
)
) SS:
)
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by . as for
NORTHSTAR PALM BEACH, LLC, a Florida limited liability company, freely and voluntarily,
who are personally known to me or who has produced __ ________ as identification,
WITNESS my hand and official seal in the County and State last aforesaid this ~__ day of
,2009.
Notary Public
Typed, printed or stamped name of Notary Public
My Commission Expires:
ATTEST:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
CITY
CITY OF BOYNTON BEACH
By:
Mayor
day of
,2009.
EXHIBIT
Boynton Memorial Cemetery
Legal Description
Situated in the City of Lantana, County of Palm Beach and State of Florida, and known as
being a part of the Replat of Part of Lincoln Memorial Gardens as recorded in Plat Book
25, Page 225, and further described as follows:
Beginning at a Concrete Monument found in the West right of way line of Seacrest
Boulevard, a variable width public right of way; thence along the West right of way line
of said Seacrest Boulevard, South 02 degrees 29' 14/1 West, 101.75 feet to the point of
beginning for the parcel of land described herein:
Thence, continuing South 02 degrees 29' 14" West, 1289.48 feet to a point;
Thence, North 87 degrees 30' 24" West, 92.00 feet to a point;
Thence, South 02 degrees 29' 14" West 93.00 feet to a point;
Thence, North 87 degrees 30' 46" West, 81.83 feet to a point;
Thence, North 01 degrees 01' 59" East, 156.13 feet to a point;
Thence, North 87 degrees 30' 46" \Nest, 33.81 feet to a point;
Thence, North 01 degrees 01' 59" East, 2.74 feet to a point;
Thence, North 87 degrees 30' 46" West, 326.39 feet to a point;
Thence, South 01 degrees 01' 59" West, 12.00 feet to a point;
Thence, North 87 degrees 30' 46" West 148.72 feet to a point;
Thence, South 01 degrees 01' 59" West, 19.03 feet to a point;
Thence, North 87 degrees 30' 46" West, 176.44 feet to a point on the East right of way
line of State Route No.9, a variable width public right of way;
Thence, along the East right of way line of said State Route No.9, North 01 degrees 01'
59" East, 1174.86 feet to a concrete disk found;
Thence, South 88 degrees 55' 16/1 East, 344.35 feet to a point;
Thence, North 03 degrees 27' 44/1 East, 160.14 feet to a point;
Thence, South 88 degrees 55' 16" East 462.94 feet to a point;
Thence, South 01 degrees 04' 47" West 101.75 feet to a point;
Thence, South 88 degrees 55' 16" East, 80.00 feet to the point of beginning, and
containing 25.6973 acres (1,119,376 Sq. Ft.)
EXHIBIT B
,Q ACHMENT
VI-CONSENT AGENDA
ITE M J.
CITY OF BOYNTON B~ACH
AGENDA ITEM REQUEST FORM
Requested CIIY Commission Date Final Fonn Must be Turned Requested elly Commission Date Final Form Must be Turned
MeetinR Dates in to CiT\! Clerk' 5 Office Meeting Dates In to C Itv Clerk' s Office
D August 19, 2008 August 4, 2008 (Noon) [3:l October ~ 1. 2008 October tL 200B :'Noon)
0 September 2, 2008 August ] 8, 2008 (Noon, LJ November 5, 2008 ("Jewner 2C 2008 (Noon I
D September 16, 2008 September 2, 2008 (Noon) 0 November 18. 200f November 3 2008 (Noon)
0 October 7. 2008 September 15, 2008 (Noon) 0 December 2, 2008 November ; ~, 2008 (Noon I
0 Announcemems/Presemations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [gJ Consent Agenda [] Legal
0 Code Complia.T"Jce & L:gal Settlements n Unfinished Buslness
L-J
0 Public Hearing []
RECOMMENDA TJON: Possible Annexation of Property at Hypoluxo and Seacrest - Authorize Staff to enter into utility
extension agreement with Palm Beach Memorial Park with a cost recovery of City costs over a 10 year period, Authorize
staff to prepare amendment of2001 Billboard Consent Decree,
EXPLANA nON: The City has been discussing the annexation of Palm Beach Memorial Park, a 25.6 acre parcel ofpropert\
located on the west side of Seacrest near Hypoluxo. The property is used as a cemetery and funeral home. The City
previously entered into water and sewer pre-annexation agreements with property to the north which includes a Sam's Ciub,
Best Western Hotel, Pop eye 's Chicken, Taco Bell and Pizza Hut. The terms of the agreement require these parcels to anneA
to the City when they become contiguous to the City limits. The path to gaining contiguity is annexation of the cemeter:,
property. Recently, the City was also contacted by Sam's Club because they desire to install a retail fueling facility at this
store. Staff suggested that Sam's Club work with Palm Beach Memorial Park to consider a joint application for annexation
Staff met with representatives of both Sam's Club and Palm Beach Memorial Park last week to further discuss the annexatloL
Palm Beach Memorial Park desires to hook up to the CIty'S utility system for the two buildings on their property (Funera;
Home and Office) The estimated cost of the extension of utilities to serve both buildings is between $100,000 and $] ] 0.000.
according to Boynton Beach Utilities. While the lines would be constructed by a private contractor, Palm Beach Memorial
Park has requested City cost participation in the construction of these lines. Staff is proposing that Palm Beach Memorial
Park pay for $30,000 of the utility and fee costs with the balance of the project costs be paid by the City with a ] 0 '-year
payback provision as part of a utility bill surcharge. Palm Beach Memorial Park has tentatively agreed to this arrangement.
In addition, the cemetery is requesting authorization from the City to allow the installation of the one of two remaining J-9~
billboards from the 200 I Consent Decree. This would provide a revenue stream for the property owner. Location of a
billboard on the cemetery property will require that the Consent Decree be amended. Subject to an acceptable location of the
sign on the cemetery property, staff supports the location of one of the two remaining billboards onto the cemetery propen:,
The working relationship between the City and Hardin Holdings (the billboard company) has been very good Sam's Clur
upon annexation proposes to install the retail fueling facility, which is very similar to the one at B1's Wholesale Club.
PROGRAM IMPACT: The annexation of Palm Beach Memorial Park will allow the City to also annex the (;OmmerCICl
property at the SW corner of Hypoluxo and Seacrest. All busmesses except the gas station at the SW ,'urn~'~ nave slgnO:l
utility pre-annexation agreements with Boymon Beach. Because the proposed land use amendment reqUlre<; ro:vlev\ by th,
Florida Department of Community Affairs (DCA) as part of the semi-annual program review, the annexalic!1 ~annOl take
place until calendar year 2009 meaning that the Ciry will :lO', receive' propert, taxes until 201 (
S \BU:"Lt:TfN\FURMSC>\GENDA ITEM REQUEST FORM l'<),'
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT: Based on the 2008 property tax rate of .64553, the assemblage of property will contribute $120.000
annually to the City in property tax revenues beginning in 2010. The estimate is based on the following calculations:
Property Tax Calculation - Seacrest/Hypoluxo Annexation
2008 BB Rate> >
0.64553
BUSiness Name
Address Street
peN
2008 Value
Per PAPA Site
Projected
Taxes to BB
2008 Rate
Sam '$ Club 7233 Sea crest Blvd 00-43-45-09-23-000-0010 $ 10,222,556 $ 65,990
Best Western 7051 Sell crest Blvd 00-43-45-09- 23-000-0022 $ 4,604,099 $ 29,721
Taco Bell/Pizza Hut 7035 Sea crest Blvd 00-43-45-09- 23-000-0030 $ 1,358,275 $ 8,768
Popeyes Chicken 70'19 Sea crest Blvd 00-43-45-09- 23-000-0021 $ 869,583 $ 5,613
Palm Beach Memorial Park 3691 Sea crest Blvd 00-43-45 -09-05 -00 1-00 20 $ 1,580,000 $ 10.199
Est Annual to City $ 120,291
(After 1/1/2010)
KB: 10/12/08
AL TERN A TIVES: Do not authorize staff to enter into the utility cost-sharing agreement and the amendment to the
billboard consent decree with Palm Beach Memorial Park, This will stop the annexation discussions with Palm Beach
Memorial Park and cause Sam's Club to either abandon their business expansion plans, seek annexation to the Town of
Lantana or secure approval of their expansion plan from Palm Beach County even though they prefer annexation into
Boynton Be~h.)
} /)
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Department Head's Signature City Manager's Signature
Assistant to City Manager __~
Department Name
City Attorney / Finance
S \BULLETIN\FORMS\AGE~DA ITEM REQUEST FORM DO('
ATTACHMENT R
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM E
AGENDA ITEM REQUEST FORIVI
Requested Cny
Commission Meeting
Date Final Form Must be
Turned in to CitY Clerk's
Requested City
Commission Meetmg Dates
Date Final Form Must bl'
Turned in to Citv Clerk,,:,
Dates Office Office
i, [8l April 21. 2009 April 6. 2009 (Noon) 101 June 16. 2009 i June 1. 2009 (Noonl
i i I
-~--
r J Mav 5.2009 April 20. 2009 (Noon) ILJ July 7. 2009 June 15,2009 (Noon)
, I I
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0 May 19. 2009 May 4,2009 (Noon) i LJ ! J ulv 21. 2009 I Julv 6, 2009 (Noon)
I I
0 June 2. 2009 Mav 18, 2009 (Noon) I 0 I August 4, 2009 Julv 20, 2009 (NOOD)
NA TURE OF
AGENDA ITEM
AdministratIve
al Settlements
Legal
Unfimshed Business
AnnouncernentslPresentations
RECOMMENDATION: Please place this request on the April 21, 2009 City Cormnission Agenda under CIty
Manager's Report. This item is a Status Report on the Voluntary Annexation of the Palm Beach Memorial Park and Sam's
Club properties.
EXPLAN A TI ON: The Palm Beach Memorial Park/Sam's Club land use amendment was approved by COmmiSSlOD
for transmittal to the DCA on January 20,2009, and we understand that the DCA has completed its review without objections
(written confinnation from the DCA is expected this week). This is not a simple annexation; there are many issues
accompanying it which staffhas at least partially explained in the initial information item presented to the Cormnission ill
October of2008, and within the project staff report. The issues are best swnmarized individually, along with the
corresponding solutions and status. The issues are as follows:
1) Creation of unincorporated "pocket" - This "pocket" is created by the armexation of the uniquely figured Sam's
Club property which includes a "fmger" extension north to Hypoluxo Road. This includes an access road for Sam's Club but
which is also the sole access drive for three unincorporated properties (consisting of I hotel and 3 restaurants). Consequently,
access to the unincorporated properties will be severed by the incorporation (although physical access is maintained),
therefore arguably failing the "compactness" test of Florida Statutes, which is an issue raised by County staff. SOLUTION:
Execute an ILA with the County. Since the properties are also subject to a water service/annexation agreement similar to the
Sam's Club property, they are annexable once contiguous, which will be attained following annexation of the Memorial Park
and Sam's Club properties. The ultimate annexation of the three properties would resolve the compactness issue raised by the
County, and as an interim measure and evidence of intent, city staff offered to enter into an ILA that wouid docwnent the
city's plan to annex this "pocket", STATUS: The ILA has been drafted by County staff and will be considered by the Cif)
Commission concurrent with the final adoption of the annexation ordinance (see below for status). Although the ILA was also
to transfer public safety responsibility (for the pocket and adjacent Hypoluxo Road) to the City in advance of annexation, tbe
Sheriff's Office prefers to continue providing service until ultimately annexed into Boynton Beach.
2) Conditions of annexation - Recall that representatives for the properties both have conditions of annexation to
ensure the successful implementation of their respective business plans and/or to avoid uncertainty relative to utility hook-up
costs. More specifically, the issues include the immediate desire to lease space for a billboard, the eventual plalJ5 to build a
crematorium, the timing of installation of and payment for utility hookups, and the planned addition of accessory fuel sales te,
the Sam's Club operation. SOLUTION: Annexation agreements will be considered for execution concurrent with adoptIOn of
the annexation ordinance, An agreement with the respective property owners will achieve the necessary recognition.
S\BULLETIN\FORlvlS\AGENDA ITEM REQUEST FORM,noC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
commitment, documentation, necessary in connection with the needs of the two property owners. With respect to the
,_ billboard, its ultimate location on the property will be pursuant to the provisions of a 200 I settlement agreement, which
requires it to be separated from a residential use by at least 250 feet. It should also be noted that one commitment will mclude,
as anticipated, the timely amendment of the City's LDRs to amend setback requirements applicable to accessory fuel sale
operations in a Planned Commercial Development zoning district (PCD). STATUS: The agreements are in the process or
being drafted, through the necessary communications between the agent for the applications and the City Attorney. The
agreements will be forwarded for Commission consideration concurrent with Final Reading of the armexation ordinanct.
Lastly, the applicant has requested an amendment to the 2001 billboard consent decree to allow placement ofa billboard at a
setback of 150 feet. This request is being reviewed by City staff.
As for the DCA's review process, the proposed amendment to the City's Comprehensive Plan Future Land Use Map has heen
reviewed by the State (the State does not review the corresponding applications for annexation and rezoning). A verbal,
informal communication was received from the State indicating that the State's review was finished and there would be 11"
objections raised. Staff anticipates receiving the official written notice from the State this week. Once received, the elt). may
proceed to the adoption stage which includes another legal notice placed in the newspaper. Depending upon the status of the
corresponding annexation agreements, staff anticipates placing this on either the May I 9th or June 2nd Commission agenda,
PROGRAM IMPACT: This process and corresponding prerequisites are necessary for the ultimate annexation of
approximately 45 acres of land along North Seacrest Boulevard.
FISCAL IMPACT: The overall annexations (the Palm Beach Memorial Park/Sam's Club properties and the pockel
properties) are anticipated to contribute approximately $120,000 to the City's annual property tax revenues.
ALTERNATIVES: Information only; no action is required at this time, ~
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SAM'S CLUB AND NORTHSTAR PROPERTIES
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 21, 2009
The original motion passed 4-1. (Commissioner Weiland dissenting)
D. Discussion regarding Energy Efficiency and Conservation Block Grant
Ms. Lejeune explained the American Recovery and Reinvestment Act (ARRA) was the stimulus
funding and a team had been established with staff from the City and CRA to diligently search
for funding possibilities. Other funds have already been sought and now the Energy Efficiency
and Conservation Block Grant is targeted to reduce fossil fuel emissions, total energy use and
improve energy efficiency in the building and transportation sector. The team reviewed the
priorities and created a program to submit for award. The program would create a revolving
loan fund program to provide energy efficiencies for both private and public buildings.
Partnerships with other governmental agencies as well as private organizations could be formed
to coordinate and facilitate even greater use of the funding. It could also be structured to be
available for low income families and provide assistance applying for other funds. In total, the
grant monies would stimulate the economy, create new jobs and increase permit applications.
Ms. Lejeune further reported $250,000 would be available to hire a consultant to create the
energy efficiency conservation strategy required to meet the funding criteria. Staff
recommended the Commission allow the application to be submitted to create the strategy,
develop the revolving loan fund program and public facilities energy audit and retrofit. Mayor
Taylor established there would be no match in funding required by the City. Administrative
costs would be included in a $75,000 allotment. After those funds were exhausted there may
be additional administrative costs to keep the program active.
Motion
Commissioner Ross moved to endorse the submittal of the application through ARRA for the
Energy Efficiency and Conservation Block Grant. Vice Mayor Hay seconded the motion. The
motion passed unanimously.
E. Status Report on the Voluntary Annexation of the Palm Beach Memorial Park and
Sam's Club properties.
Mr. Rumpf reported the annexation continues to move forward jointly for over 40 acres
including the Sam's Club properties and Palm Beach Memorial Park. A resolution would be
needed to cover an interlocal agreement with Palm Beach County relating to the State law of
annexation requiring compactness. There is a pocket created that could only be accessed
through a shared drive with Sam's Club that can only be annexed once it becomes contiguous
to the City boundaries. It includes a hotel and restaurants. Mr. Rumpf indicated the expansion
of utilities and a billboard to the cemetery property and a fuel pump operation for Sam's Club
are part of the annexation agreements and may be amendments to the settlement.
X. FUTURE AGENDA ITEMS:
A. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum
(Deferred pending future grant opportunities)
23
XII. - LEGAL
ITEM 0.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to Citv Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
0 A ri121, 2009
0 Ma 5,2009
0 Ma 19,2009
0 June 2, 2009
~ June 16,2009
0 Jul 7,2009
0 Jul 21,2009 Jul
0 Au ust 4, 2009 Jul
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda ~ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please maintain this request as a tabled item on the June 16,2009 City Commission
Agenda under Consent Agenda - Resolutions. The City Commission tabled this request on June 2nd to allow additional time
for the applicant to work toward resolutions to concerns raised by the adjacent property owner. Staff continues to endorse this
Resolution, which approves and authorizes execution of an Annexation Agreement as part of the annexation of the Sam's
Club property. For further information on this request, please see the explanation below, the accompanying resolution and
proposed annexation agreement.
EXPLANATION: Staff summarized the many issues related to the annexation of the Palm Beach Memorial Park and
Sam's Club properties in prior agenda items to the City Commission, including the October, 2008 item requesting
authorization to enter into a utility extension agreement with Palm Beach Memorial Park (see Attachment "A"), and the April
2151 update report (see Attachment "B"). Staff included in the update report an explanation on the use of separate annexation
agreements to address the principal issues. The subject resolution covers the annexation agreement with Walmart Stores Inc.
The Palm Beach Memorial Park/Sam's Club land use amendment was approved by Commission for transmittal to the DCA
on January 20,2009, and fmal adoption is also scheduled for June 2nd. The annexation agreement primarily achieves the
following: 1) acknowledges the built and compliant status of the existing improvements; 2) recognizes the deficiencies in
landscaping along the southern boundary of the project and requires the rectification of said deficiencies prior to issuance of
any subsequent building permits; 3) acknowledges the plans to add an accessory fuel service center to the property and
remodel portions of the existing fa~ade and entry; and 4) ensures that any prerequisite code amendments related to fuel sales
would be initiated by the City. A general location map is attached hereto as Attachment "C".
PROGRAM IMP ACT: This process and corresponding prerequisites are necessary for the ultimate annexation of
approximately 45 acres ofland along North Seacrest Boulevard.
FISCAL IMPACT: The overall annexations (the Palm Beach Memorial Park/Sam's Club properties and the pocket
properties) are anticipated to contribute approximately $120,000 to the City's annual property tax revenues.
ALTERNATIVES:
Not approved the resolution which is a prerequisite to the annexation of the subject property.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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S:\BULLETIN\FORMS'AGENDA ITEM REQUEST FORM.DOC'
1 RESOLUTION NO. R09- OeS-
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 BOYNTON BEACH, FLORIDA, APPROVING AND
5 AUTHORIZING THE MAYOR TO EXECUTE AN
6 AGREEMENT BETWEEN THE CITY OF BOYNTON
7 BEACH AND W AL-MART STORES, INC., ADELA W ARE
8 CORPORATION, REGARDING ANNEXATION OF WAL-
9 MART STORES ("SAM'S CLUB") PROPERTY INTO THE
10 CITY BOUNDARY.
11
12
13 WHEREAS, WAL-MART STORES, INC. is the fee simple owner of certain real
14 property located in unincorporated Palm Beach County, Florida ("County") which is located at
15 7233 Seacrest Boulevard in the City; and
16 WHEREAS, the Parties desire to annex the Property into the City's municipal
17 boundaries and have initiated the process required by law to enact an ordinance adopting a
18 petition for voluntary annexation of the Property into the City, pursuant to Section 171.044(2),
19 Florida Statutes ("Annexation"); and
20 WHEREAS, Owner has previously constructed certain improvements for commercial,
21 retail and service uses on the Property; and
22 WHEREAS, the parties desire to enter into this Agreement to memorialize and
23 document their understanding and agreement with respect to annexation, future development
24 and use of the Property; and
25 WHEREAS, the City Commission of the City of Boynton Beach, upon
26 recommendation of staff, deems it to be in the best interest of the residents and citizens of the
27 City of Boynton Beach to approve the Annexation Agreement between the City of Boynton
28 Beach and W AL-MART STORES, INC..
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
9
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F~ach \\lhereas clause set furth Gbn'\.'(.' i:~ ~l"UC and cnrrcct ~1nd -incorrii '~"l: ,-."J
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herein by this reference.
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Section 2.
The City Commission of the City of Boynton Beach, Florida does hereb~
4 approve and authorize the Mayor the execute the Annexation Agreement bet\veen the em' of
5 Boynton Beach and W AL-MART STORES INe. to document their understanding and
6 agreement with respect to annexation and subsequent improvement of the Property: a COP) of
7 said Annexation Agreement is attached hereto as Exhibit "A".
8
Section 3.
That this resolution becomes effective immediately upon passage,
PASSED AND ADOPTED this
day of June. 2009.
CiTY OF BOYNTON BEACH, FLORIDA
Mayor. Jerry Taylor
Vice Mayor- Woodrov,' L. Hay
Commissioner - Ronald Weiland
ATTEST:
Commissioner Jose Rodriguez
Commissioner Marlene Ross
Janet M. Prainito. CMC
City Clerk
27 I (Corporate Seal)
28
I
II
R0<1-D85"
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT ("Agreement") is made and entered into this _
day of ,2009 by and between the CITY OF BOYNTON BEACH, FLORIDA, a
municipal corporation ("City"), and W AL-MART STORES, INC., a Delaware corporation
("Owner").
WIT N E SSE T H:
WHEREAS, Owner is the fee simple owner of certain real property located in unincorporated
Palm Beach County, Florida ("County") which is located at 7233 Seacrest Boulevard in the City and
is legally described in Exhibit "A" attached hereto and made a part hereof ("Property"); and
WHEREAS, the Parties desire to annex the Property into the City's municipal boundaries and
have initiated the process required by law to enact an ordinance adopting a petition for voluntary
annexation of the Property into the City, pursuant to Section 171.044(2), Florida Statutes
("Armexation"); and
WHEREAS, the City has determined that the Property is contiguous to the City and
reasonably compact, and the City desires to annex the Property into the City; and
WHEREAS, Owner has previously constructed certain improvements for commercial, retail
and service uses on the Property; and
WHEREAS, the parties believe it is in their mutual best interest to initiate the process
required by law to enable Owner to maintain, operate and develop the Property in accordance with
the terms and provisions of this Agreement; and
WHEREAS, the parties desire to enter into this Agreement to memorialize their
understanding and agreement with respect to annexation of the Property.
NOW, THEREFORE, in consideration of the mutual promises, undertakings, terms and
conditions set forth herein, the parties mutually agree as follows:
1. Recitals; Exhibits. The foregoing recitations are true and correct and are hereby
incorporated herein by reference and are valid and binding on the parties hereto. All exhibits to this
Agreement are incorporated by reference, are hereby deemed a part hereof and are valid and binding
on the parties hereto.
2. Legal Authority. This Agreement is entered into under the authority of the Florida
Constitution (including Article Vill, Section 2(b) thereof), the general powers conferred upon
municipalities by statute and otherwise, the Municipal Annexation or Contract Act ("Annexation
Act"), Florida Statutes Section 171.011 et seq., and the City's Charter.
3. Property Ownership. Owner acknowledges and represents to the City that it owns the
Property and has the authority to enter into this Agreement.
4. Application for Voluntary Annexation. This Agreement shall be incorporated into the
Application for V oluntary Annexation ("Annexation Application"), which was previously submitted
to the City, subject to the terms and conditions of this Agreement.
5. Annexation. Owner previously voluntarily filed the Annexation Application with the
City to annex the Property into the City's boundaries, and the City has initiated the process to
accomplish said annexation in compliance with Section 171.044(2), Florida Statutes, and all other
applicable state and local laws and regulations. The City approved the voluntary annexation ofthe
Property on First Reading on January 20, 2009. The Annexation Application does not become
effective until finally approved by the City Commission on Second Reading.
6. Effective Date. This Agreement shall become effective following final approval ofthe
Annexation Application and upon the date the last of the parties executes this Agreement.
7. Land Use and Zoning.
(a) The Property is currently designated Commercial High with a maximum 5 dwelling
units per acre (CHIS) on the Palm Beach County Future Land Use Plan Map and is
included within Palm Beach County's General Commercial (CG) zoning category;
and
(b) Concurrent with the Annexation Application, Owner submitted applications to the
City to amend the Future Land Use designation of the Property to Local Retail
Commercial (LRC) and change the zoning designation of the Property to Planned
Commercial Development (PCD); and
(c) Owner represents that all existing uses and improvements currently located on the
Property are in conformance with all applicable zoning, land development and
building regulations of Palm Beach County and the City has accepted and relied on
those representations.
8. Prior County Action. City agrees that consistent with Section 171.062, Florida Statutes
and prior to the effective date of the annexation of the Property, to the extent that County has
processed any changes to the land use or zoning on the Property and approved any plates), site
planes) or other development approvals, City will recognize the effectiveness of said approvals
without requiring re-review or additional approval of the City and will permit construction of an:y
improvements for which unexpired permits have been issued by the County pursuant to said
approvals.
9. Cooperation In Development Approval Process. The City hereby agrees to cooperate
with Owner in good faith in all aspects of the development review process for the Property. In this
regard, the City agrees that its administrative staffwill facilitate all necessary approvals and respond
diligently and expeditiously to all requests and inquiries from Owner regarding such approvals. The
cooperation of the City in facilitating the expeditious development review process does not constitute
an agreement to approve :
(a) Site plans
(b) Variances or waivers
(c) Zoning changes
(d) Certificates of occupancy
(e) Permits (building, electrical, etc...)
as approvals of that nature are subject to either quasi-judicial review or administrative review by the
City's building official or his designees. Nothing in the Agreement constitutes a promise or
obligation of the City to zone or rezone Owner's property to any zoning designation which is not
consistent with the City's Comprehensive Plan or zoning regulations, as amended from time to time.
Owner acknowledges that the buffer on the south side of the property shall be improved in
accordance with the conceptual landscape plan attached hereto as Exhibit "B". Such improvements
shall be completed prior to issuance of a building permit for any future redevelopment of the
Property.
The City shall treat the Property as if it was inside City boundaries for purposes of all permitting,
inspections, and approvals for future improvements proposed upon the Property and shall review all
applications in as expeditious a manner as possible.
10. Future Development. City acknowledges that Owner intends to seek future approvals
from the City for development of a fuel service center and to remodel portions ofthe existing store
building substantially in accordance with the Master Plan attached hereto as Exhibit "B". City
further acknowledges that it has reviewed the attached Master Plan in association with the PCD
rezoning application and, pending approval of the PCD rezoning application, agrees that the Master
Plan complies with PCD zoning regulations, subject to compliance with applicable development
regulations during the City's site plan review and approval process.
11. Code Amendment. City shall initiate an amendment to its Code of Ordinances in order to
modify right-of-way setback requirements related to fuel service uses within the PCD zoning district
and corresponding PCD zoning application.
12. Use of Property. It is expressly agreed that nothing contained in this Agreement or
otherwise shall be construed to contain a covenant, either express or implied, on the part of Owner to
develop or redevelop the Property, to commence the operation of a business, or to thereafter
continuously operate a business by Wal-Mart on the Property. City acknowledges and agrees that
Wal-Mart may, at Wal-Mart's sole and absolute discretion and at anytime, cease the operation of its
business on the Property.
13. Property Taxes. City acknowledges that upon annexation ofthe Property, the Property
will be subject to City ad valorem taxes at a millage rate of 6.4553, which is subject to annual
adjustments by the City in accordance with state law.
14. Public Facilities. The City hereby covenants that all public facilities, as defined in
Section 163.3221, Florida Statutes, including, but not limited to, roads, drainage, police and fire
service, sanitation service, parks and recreation service, and general governmental facilities, will be
available to the Property at levels of service consistent with the City's Comprehensive Plan. CIty
further acknowledges that the Property has previously connected to the City's \vater and sewer
systems and paid City connection costs associated therewith.
15. Recording. This Agreement shall be recorded in the public records of Palm Beach
County, Florida upon execution by all parties hereto.
16. Necessity of Complying with Local Laws. The parties agree that the failure of this
Agreement to address a particular permit, condition, term or restriction shall not relieve Owner of the
necessity of complying with the law governing said permitting requirements, conditions, terms or
restri cti ons.
17. Default. If the City shall default in any of the terms, covenants and/or provisions ofthis
Agreement to be performed on the part ofthe City, Owner shall have all rights and remedies against
the City as set forth herein, as well as all rights and remedies available at law and/or in equity,
including, without limitation, the right to specific performance. If Owner shall default in any ofthe
terms, covenants and/or provisions of this Agreement to be performed on the part of Owner, the City
shall hav~e all rights llijd remedies against OVvner as set fort1111ereil1, as "vell as all Ii gIlts alId remedies
available at law and/or in equity, including, without limitation, the right to specific performance.
18. Assignability. Neither party shall assign this Agreement or any interest hereunder, in
whole or in part, without the prior written consent ofthe other party, which consent may be withheld
for any reason in their sole and absolute discretion.
19. Miscellaneous.
(a) Entire Agreement. This Agreement sets forth all ofthe promises, covenants,
agreements, conditions and understandings between the parties hereto, and
supersedes all prior and contemporaneous agreements, understandings.
inducements or conditions, express or implied, oral or written.
(b) Pronouns. All pronouns and any variations thereof shall be deemed to refer
to the masculine and neuter, singular or plural, as the identity of the party or
parties, personal representatives, successors or assigns may require.
(c) Severability. The invalidity of the provisions hereof shall in no way affect or
invalidate the remainder of this Agreement.
(d) Counterpart. This Agreement may be executed in one or more counterparts.
each of which shall be deemed an original, but all of which shall together
constitute one in the same instrument.
(e) Headings. The headings contained in this Agreement are inserted for
convenience only and shall not effect, in any way, the meaning or
interpretation of the Agreement.
(f) Governing Law. This Agreement shall be construed in accordance with the
laws ofthe State of Florida, and any proceeding arising between the parties in
any manner pertaining to this Agreement shall, to the extent permitted by law,
be held in Palm Beach County, Florida.
(g) Binding Effect. The obligations imposed pursuant to this Agreement upon
the Property shall run with and bind the Property as covenants running with
the Property and this Agreement shall be binding upon and enforceable by the
parties hereto, their personal representatives, heirs, successors, grantees.
[THE REMAINDER OF THIS P AGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the parties hereto have executed this l\nnexation Ahrreement as 0
the day and year written above.
WITNESSES:
W AL-MART STORES, INC.. a Delaware
corporation
Print Name
By:
J. Chris Callaway,
Regional Vice President,
Design & Real Estate
Print Name
Address: 2001 S.E. 10th Street
Bentonville, AR 72716-0550
STATE OF
COUNTY OF
)
) SS:
)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by , as for W AL-
MART STORES, INe., freely and voluntarily, who are personally known to me or who has
produced as identification.
WITNESS my hand and official seal in the County and State last aforesaid this __ day 01
,2009.
Notary Public
Typed, printed or stamped name of Notary Public
My Commission Expires:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORlVI:
By:
City Attorney
CITY
CITY OF BOYNTON BEACH
By:
day of
,2009.
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LEGAL DESCRIPTION
OF
PARCEL 1
7233 SEACREST BOULEVARD
PARCEL CONTROL NUMBER 00-43-45-09-23-000-0010
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER (NW1/4) OF SECTION 9, TOWNSHIP
45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND KNOWN AS BEING PARCEL NO.1 OF
HY-CREST CENTER, AS RECORDED IN PLAT BOOK 64, PAGE 177-178 Of THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FlORIDA AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS DISK FOUND AT THE INTERSECTION Of THE CENTERLlNES OF
HYPOLUXO ROAD (WIDTH VARIES) AND SEACREST BOULEVARD (80 FEET WIDE) AND BEING THE
NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SECTION 9;
THENCE SOUTH 02029' 14" WEST ALONG THE CENTERLINE OF SEACREST BOULEVARD AND
THE EASTERLY LINE Of THE NORTHWEST QUARTER OF SECTION 9, 696.58 FEET TO A POINT;
THENCE NORTH 87030'46" WEST, 40.00 FEET TO THE WESTERLY RIGHT-Of-WAY OF SEACREST
BOULEVARD AND BEING THE PRINCIPAL PLACE OF BEGINNING OF THE PREMISES HEREIN
DESCRIBED;
THENCE SOUTH 02029'14" WEST ALONG THE WESTERLY RIGHT-Of-WAY OF SEACREST
BOULEVARD, 522.21 FEET TO A PERMANENT REFERENCE POINT (5/8" IRON PIN CAPPED #3935 FOUND
(0.07 FEET NORTH AND 0.19 FEET EAST) AT THE NORTHEASTERLY CORNER Of LAND CONVEYED TO
KEATLEY INVESTMENTS-PALM BEACH, LLC (PARCEL CONTROL NUMBER 00-43-45-09-05-001-0020 & 00-
43-45-09-00-000-3630) BY DEED DATED DECEMBER 28, 2004 AND RECORDED IN 0 R BOOK 17943.
PAGE 691 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE NORTH 88055'16" WEST ALONG A NORTHERLY liNE OF LAND SO CONVEYED TO
KEATLEY INVESTMENTS-PALM BEACH, LLC, 545.43 FEET TO A PERMANENT REFERENCE POINT (5/8"
IRON PIN CAPPED #3935) FOUND;
THENCE SOUTH 03027' 44" WEST ALONG A WESTERLY LINE LAND SO CONVEYED TO KEATLEY
INVESTMENTS-PALM BEACH, LLC, 160.14 FEET TO A P.K. NAIL & WASHER FOUND IN ASPHALT
PAVEMENT;
THENCE NORTH 88055' 16" WEST CONTINUING ALONG A NORTHERLY LINE OF LAND SO
CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 344.35 FEET TO A 5/8" IRON PIN CAPPED
#3935 FOUND AND DISTURBED ON THE EASTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY NUMBER
95 (1-95);
THENCE NORTH 01001' 59" EAST ALONG THE EASTERLY RIGHT-OF-WAY Of INTERSTATE
HIGHWAY NUMBER 95 (1-95), A DISTANCE OF 180.00 FEET;
THENCE NORTH 36002' 54" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF INTERSTATE
HIGHWAY NUMBER 95 (1-95),143.16 FEET TO A POINT;
THENCE NORTH 10038' 03" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF INTERSTATE
HIGHWAY NUMBER 95 (1-95),587.24 FEET;
THENCE NORTH Or25' 24" EAST ALONG THE EASTERLY RIGHT-Of-WAY OF INTERSTATE
HIGHWAY NUMBER 95 (1-95),7.25 FEET TO A 5/8" IRON PIN CAPPED #3935 FOUND AND DISTURBED AT
THE SOUTHWESTERLY CORNER OF LAND CONVEYED TO KRISHNA REALTY, INC. (PARCEL CONTROL
2618 Nor~h Moreland
C pVRlandJh,o
Boulp.va"d
44120
.
.. ,;........... -~'-
P,1H~ 215.4Cj1.2C,J:J' Fa) 2c~d
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LAND SURVEYING. CIVIL ENGINEERING · LAND PLANN!NG
NUMBER 00-43-45-09-23-000-0022) BY DEED DATED FEBRUARY 12, 2000 AND RECORDED IN O.R. BOOK
11607, PAGE 332 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO CONVEYED TO
KRISHNA REALTY, INC., 342.66 FEET TO A W' IRON PIN FOUND (0.06 FEET NORTH AND 0.37 FEET
WEST);
THENCE NORTH 02029' 14" EAST ALONG THE EASTERLY LINE OF LAND SO CONVEYED TO
KRISHNA REALTY, INC., 152.37 FEET TO A POINT AT THE SOUTHWESTERLY CORNER OF LAND
CONVEYED TO TACO BELL OF AMERICA, INC. (PARCEL CONTROL NUMBER 00-43-45-09-23-000-0030) BY
DEED DATED DECEMBER 28, 1999 AND RECORDED IN O.R. BOOK 11529, PAGE 866 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO CONVEYED TO
TACO BELL OF AMERICA, INC., 187.21 FEET TO A Y2" IRON PIN FOUND (0.12 FEET SOUTH AND 0.33 FEET
WEST);
THENCE NORTH 02029' 14" EAST ALONG THE EASTERLY LINE OF LAND SO CONVEYED TO TACO
BELL OF AMERICA, INC., 301.75 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF AFORESAID
HYPOLUXO ROAD;
THENCE SOUTH 88053' 16" EAST ALONG THE SOUTHERLY RIGHT-OF-WAY OF HYPOLUXO
ROAD, 54.00 FEET TO A POINT AT THE NORTHWESTERLY CORNER OF LAND CONVEYED TO MOBIL OIL
CORPORATION (PARCEL NO.6) (PARCEL CONTROL NUMBER 00-43-45-09-00-000-3070) BY DEED DATED
APRIL 03, 1972 AND RECORDED IN OR BOOK 1997, PAGE 176 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA;
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO CONVEYED TO
MOBIL OIL CORPORATION, 137.00 FEET TO A PERMANENT REFERENCE POINT (5/8" IRON PIN CAPPED
#3935) FOUND (0.01 FEET SOUTH AND 0.16 FEET WEST) AT THE NORTHWESTERLY CORNER OF LAND
CONVEYED TO MICHEL P. BARBERIS (PARCEL CONTROL NUMBER 00-43-45-09-23-000-0040) BY DEED
DATED APRIL 20, 2004 AND RECORDED IN O.R. BOOK 16830, PAGE 1291 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA;
THENCE SOUTH 11031 '09 WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED TO MICHEL
P. BARBERIS, 60.75 FEET TO A POINT;
THENCE SOUTH 02029'14" WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED TO MICHEL
P. BARBERIS, 142.00 FEET TO A POINT;
THENCE SOUTH 87030'46" EAST THE SOUTHERLY LINE OF LAND SO CONVEYED TO MICHEL P.
BARBERIS, 147.50 FEET TO THE WESTERLY LINE OF TRACT "A" USED FOR RIGHT-OF-WAY OF
SEACREST BOULEVARD OF SAID HY-CREST CENTER;
THENCE SOUTH 02029'14" WEST ALONG THE RIGHT-OF-WAY OF SEACREST BOULEVARD, 40.00
FEET TO A PK NAIL & WASHER FOUND IN ASPHALT PAVEMENT (0.10 FEET NORTH, 0.22 FEET WEST)
AND BEING THE NORTHEASTERLY CORNER OF LAND CONVEYED TO WAL-MART STORES, INC.
(PARCEL 5) (PARCEL CONTROL NUMBER 00-43-45-09-23-000-0050) BY DEED DATED JANUARY 24, 1989
AND RECORDED IN O.R. BOOK 5945, PAGE 1460 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA;
THENCE NORTH 8r30'46" WEST ALONG THE NORTHERLY LINE OF LAND SO CONVEYED TO
WAL-MART STORES, INC. (PARCEL 5),166.00 FEET TO A P.K. NAIL SET IN ASPHALT PAVEMENT;
2618 North Moreland
r.leve!and, Ohio
Boulevard .,' Phone 216.491.2000. Fax 216.491.9640
4 4 1 2 0:" "~ ~.: .. I n t ern e t . w w W . r i v 8 r 5 ton e sur v e y . com
~_. ~~
~ ~.
. . .~
LAN D SUR V E Y ! N G · C! V I L E ~J G I ~! E E R I N G . i t:. 1\) r 0 I t N 1\ i 1\ r:.
THENCE SOUTH 02029' 14" WEST ALONG THE EASTERLY LINE OF LAND SO CONVEYED TO WAL-
MART STORES, INC. (PARCEL 5), 26000 FEET TO A 5/S"X30" IRON PIN CAPPED (RlVERSTONE CO
DUDLEY LS6527) SET;
THENCE SOUTH 8r30'46" EAST ALONG THE SOUTHERLY OF LAND SO CONVEYED TO WAL-
MART STORES, INC. (PARCEL 5), PASSING THROUGH A PERMANENT REFERENCE POINT (5/S" IRON PIN
CAPPED #3935) FOUND (0.07 FEET SOUTH AND 0.12 FEET WEST) AT 166.00 FEET, A DISTANCE OF
178.00 FEET TO THE PRINCIPAL PLACE OF BEGINNING AND CONTAINING 14.7961 OF LAND AS
SURVEYED AND DESCRIBED BY EDWARD B. DUDLEY, L.S. NO. 6527 OF THE RIVERSTONE COMPANY IN
OCTOBER OF 2008, BE THE SAME MORE OR LESS, BUT SUBJECT TO ALL LEGAL HIGHWAYS,
EASEMENTS AND RESTRICTIONS.
All 5/B"X30" IRON PIN SET AND CAPPED (RIVERSTONE CO DUDLEY LS6527)
DEED OF REFERENCE
LAND CONVEYED TO WAL-MART STORES, INC. BY DEED DATED JANUARY 24,1989 AND RECORDED IN
OFFICIAL BOOK 5945, PAGE 1460 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
BASIS OF BEARINGS:
THE CENTERLINE OF SEACREST BOULEVARD AS SOUTH 02029'14" WEST AS RECORDED IN HY-CREST
CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 64, PAGE 177-178 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
,\.,'11111'""
...,' D B. 0 'I,
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: tjj " <:v\,~ ''7<9 '. ;.L. ~
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2618 North Mcreland
CiRveland Ohio
Bou!evard
44120
..,....~'_....
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. '.>
Phone 2"o.4S1'.20CC 0 =0 21b.<;
. ~ E 4
Interne. wW'vV rlvc~3t0)"'iesu
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LAND SURVEYING · CIVIL ENGINEERING · LAND PLANNING
CLOSURE
North: 4748.19 East: 4943.64
Line Course: S 02-29-14 W Length: 522.21
North: 4226.47 East: 4920.98
Line Course: N 88-55-16 W Length: 545.43
North: 4236.74 East: 4375.65
Line Course: S 03-27-44 W Length: 160.14
North: 4076.89 East: 4365.98
Line Course: N 88-55-16 W Length: 344.35
North: 4083.37 East: 4021.69
Line Course: N 01-01-59 E Length: 180.00
North: 4263.35 East: 4024.93
Line Course: N 36-02-54 E Length: 143.16
North: 4379.09 East: 4109.18
Line Course: N 10-38-03 E Length: 587.24
North: 4956.25 East: 4217.54
Line Course: N 07-25-24 E Length: 7.25
North: 4963.44 East: 4218.48
line Course: S 87-30-46 E Length: 342.66
North: 4948.57 East: 4560.82
Line Course: N 02-29-14 E Length: 152.37
North: 5100.79 East: 4567.43
Line Course: S 87-30-46 E Length: 187.21
North: 5092.67 East: 4754.46
Line Course: N 02-29-14 E Length: 301.75
North: 5394.13 East: 4767.56
Line Course: S 88-53-16 E Length: 54.00
North: 5393.09 East: 4821.55
Line Course: S 02-29-14 W Length: 137.00
North: 5256.22 East: 4815.60
Line Course: S 11-31-o9W Length: 60.75
North: 5196.69 East: 4803.47
Line Course: S 02-29-14 W Length: 142.00
North: 5054.82 East: 4797.31
Line Course: S 87-30-46 E Length: 147.50
North: 5048.42 East: 4944.67
Line Course: S 02-29-14 W Length: 40.00
North: 5008.46 East: 4942.93
Line Course: N 87-30-46 W Length: 166.00
North: 5015.66 East: 4777.09
Line Course: S 02-29-14 W Length: 260.00
North: 4755.91 East: 4765.81
Line Course: S 87-30-46 E Length: 178.00
North: 4748.18 East: 4943.64
Perimeter: 4659.01 Area: 644,518 sq.ft. 14.7961 acres
I v """c>t ~-aJ-O
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.00 Course: S 19.24-21 W
Error North: ~.003 East: -0.001
Precision 1: 4,659,020,000.00
2618 North Moreland
Clp-veland. Ohio
Boulevard
44120
.."......,....
h . .
1,.,
Phone 216.491.2000 . Fax 216.491.9640
Internet. www.riverstonesurvey.com
.' ' ., ..- ._'~", -~'"lf" ~ . "'"1j~~
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EXHIBIT A
PARCEL 5
~ A ~\ D j U R V E Y i N C ~ C! V! L [~J G ! ~J F. E P ! N G . L ~ ~] J 0 i_ 6 ~\t ~'! f \~ -
LEGAL DESCRIPTION
OF
VACANT lAND -PARCELS
PARCEL CONTROL NUMBER 00-43-45-09-23-000-0050
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER (NW1/4) OF
SECTION 9, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, AND KNOWN AS BEING PARCEL NO. 5 OF HY-CREST CENTER, AS
RECORDED IN PLAT BOOK 64, PAGE 177-178 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA AND BEING FURTHER BOUNDED AND
DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS DISK FOUND AT THE INTERSECTION OF THE
CENTERLlNES OF HYPOLUXO ROAD (WIDTH VARIES) AND SEACREST
BOULEVARD (80 FEET WIDE) AND BEING THE NORTHEAST CORNER OF SAID
NORTHWEST QUARTER OF SECTION 9;
THENCE SOUTH 02"29' 14" WEST ALONG THE CENTERLINE OF SEACREST
BOULEVARD AND THE EASTERLY LINE OF THE NORTHWEST QUARTER OF
SECTION 9, 696.58 FEET TO A POINT;
THENCE NORTH 8J030'46" WEST, 52.00 FEET TO A PERMANENT
REFERENCE POINT (5/8" IRON PIN CAPPED #3935) FOUND ON THE WESTERLY
LINE OF TRACT "A" USED FOR RIGHT-OF-WAY OF SEACREST BOULEVARD AND
BEING THE PRINCIPAL PLACE OF BEGINNING OF THE PREMISES HEREIN
DESCRIBED;
THENCE NORTH 8r30'46" WEST ALONG A NORTHERLY LINE OF LAND
CONVEYED TO WAL-MART STORES, INC. (PARCEL 1) (PARCEL CONTROL
NUMBER 00-43-45-09-23-000-0010) BY DEED DATED JANUARY 24, 1989 AND
RECORDED IN OR. BOOK 5945, PAGE 1460 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, 166.00 FEET TO A 5/8"X30" IRON PIN CAPPED
(RIVERSTONE CO DUDLEY LS6527) SET;
THENCE NORTH 02029'14" EAST ALONG A EASTERLY LINE Of LAND SO
CONVEYED WAL~MART STORES, INC. (PARCEL 1), 260.00 fEET TO A P.K. NAIL
SET;
THENCE SOUTH 8r30'46" EAST ALONG A SOUTHERLY LINE OF LAND SO
CONVEYED TO WAL-MART STORES, INC. (PARCEL 1),166.00 FEET TO A P.K.
NAIL AND WASHER FOUND IN ASPHALT PAVEMENT AND BEING THE WESTERLY
RIGHT-Of-WAY OF SEACREST BOULEVARD;
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY RIGHT-OF-WAY
Of SEACREST BOULEVARD, 260.00 FEET TO THE PRINCIPAL PLACE OF
BEGINNING AND CONTAINING 0.991 ACRES Of LAND AS SURVEYED AND
r I R 'J
e ! il ~ d
J h I 0
Boulevard
44120
.""',.".,.
r,. .' , . -- -~.'
..," ",,"-.
Phu.e 21[).4j'i.200C
*' ~ax 2!5.~
, . 9 6 .4 ,~
261 B
Nortn Mor~!and
I n ~ err, e: . '~\' ):
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t.'~,... :'. " ( :...L,,' .~:: ~. '.~/->:.."..':1....:..~::1',J
LAND SURVEYING · CIVIL ENGINEERING. LAND PLANNING
DESCRIBED BY EDWARD B. DUDLEY, L.S, NO. 6527 OF THE RIVERSTONE
COMPANY IN OCTOBER OF 2008, BE THE SAME MORE OR LESS, BUT SUBJECT
TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS.
ALL 5/8"X30" IRON PIN SET AND CAPPED (RIVERSTONE CO DUDLEY LS6527)
DEED OF REFERENCE:
LAND CONVEYED TO WAL-MART STORES, INC. BY DEED DATED JANUARY 24,
1989 AND RECORDED IN OFFICIAL BOOK 5945, PAGE 1460 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
BASIS OF BEARINGS:
THE CENTERLINE OF SEACREST BOULEVARD AS SOUTH 02029'14" WEST AS
RECORDED IN HY-CREST CENTER, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 64, PAGE 177-178 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA;
CLOSURE
North: 4748.71 East: 4931.65
line Course: N 87-30-46 W Length: 166.00
North: 4755.91 East: 4765.81
line Course: N 02-29-14 E Length: 260.00
North: 5015.67 East: 4777.09
Line Course: S 87-30-46 E Length: 166.00
North: 5008.46 East: 4942.94
Line Course: S 02-29-14 W Length: 260.00
North: 4748.71 East: 4931.65
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Perimeter: 852.00 Area: 43,160 sq.ft. 0.9908 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.00 Course: S 90-00-00 E
Error North: 0.000 East: 0.000
Precision 1: 852,000,000.00
/ t> -197.-(/ jJ
2618 North Moreland
Clp.veland, Ohio
Boulevard
44120
..'.......,--..-...
. ..
"",. " ....",
~i.<.. _,
Phone 216.491.2000 · Fax 216.491.9640
Internet. www.riverstonesurvey.com
GRAPHIC SCALE
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M~[) STORAGE A.FTER i4~ CONTRACT !"'11.(STOfJF DAlE FOR THE IJUil ')1 ! --- ~ - --__
wn GEt,ERAL CON1RA(]OR TO rRovlDE CLEAR AnESS rOR OUll0T l
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t-~-- PROPOSED S~~E A;ALY;I~-~~;~'-+ ==-j
SAM S ClUB '36,07~ S F
PARKING TO ( SPAC[5~
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ATTACHMENT A
VI-CONSENT AGENDA
ITEM J.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested ell)' Commission Date Final Form Must be Turned Requested Cil)' Commission Date =inal Form Mus: be Turned
Meelin2 Dates in 10 CiTY Clerk's Office Meeting Dates III to env Clerk's Office
0 August 19,2008 August 4, 2008 (Noon) [g] October 21,2008 October 6, 2008 (Noun)
0 September 2, 2008 August 18, 2008 (Noon) 0 November 5, 2008 October 20, 2008 (Noon)
0 September \ 6, 2008 September 2, 2008 (Noon) 0 November \8,2008 November 3, 2008 (Noon)
0 October 7, 2008 September 15,2008 (Noon) 0 Dccember 2, 2008 November 17,2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM !2J Consent Agenda 0 Legal
D Code Compliance & Legal Settlements 0 Unfinished Business
D Public Hearing 0
RECOMMEND A TJON: Possible Annexation of Property at Hypoluxo and Seacrest - Authorize Staff to enter into utility
extension agreement with Palm Beach Memorial Park with a cost recovery of City costs over a 10 year period, Authorize
staff'to prepare amendment of2001 Billboard Consent Decree.
EXPLANATION: The City has been discussing the annexation of Palm Beach Memorial Park, a 25.6 acre parcel of property
located on the west side of Sea crest near Hypoluxo. The property is used as a cemetery and funeral home. The City
previously entered into water and sewer pre-annexation agreements with property to the north which includes a Sam's Club,
Best Western Hotel, Popeye's Chicken, Taco Bell and Pizza Hut. The terms of the agreement require these parcels to annex
to the City when they become contiguous to the City limits. The path to gaining contiguity is annexation ofthe cemetery
property. Recently, the City was also contacted by Sam's Club because they desire to install a retail fueling facility at this
store. Staff suggested that Sam's Club work with Palm Beach Memorial Park to consider ajoint application for annexation.
Staff met with representatives of both Sam's Club and Palm Beach Memorial Park last week to further discuss the annexation.
Palm Beach Memorial Park desires to hook up to the City's utility system for the two buildings on their property (Funeral
Home and Office). The estimated cost of the extension of utilities to serve both buildings is between $100,000 and $110,000,
according to Boynton Beach Utilities. While the lines would be constructed by a private contractor, Palm Beach Memorial
Park has requested City cost participation in the construction of these lines. Staff is proposing that Palm Beach Memorial
Park pay for $30,000 of the utility and fee costs with the balance of the project costs be paid by the City with a 10 -year
payback provision as part of a utility bill surcharge. Palm Beach Memorial Park has tentatively agreed to this arrangement.
In addition, the cemetery is requesting authorization from the City to allow the installation of the one of two remaining 1-95
billboards from the 2001 Consent Decree. This would provide a revenue stream for the property owner. Location of a
billboard on the cemetery property will require that the Consent Decree be amended. Subject to an acceptable location of the
sign on the cemetery property, staff supports the location of one ofthe two remaining billboards onto the cemetery property.
The working relationship between the City and Hardin Holdings (the billboard company) has been very good. Sam's Club
upon annexation proposes to install the retail fueling facility, which is very similar to the one at B1' s Wholesale Club.
PROGRAM IMP ACT: The annexation of Palm Beach Memorial Park will allow the City to also annex the commercial
property at the SW comer of Hypoluxo and Seacrest. All businesses except the gas station at the SW corner have signed
utility pre-annexation agreements with Boynton Beach. Because the proposed land use amendment requires review by the
Florida Department of Community Affairs (DCA) as part of the semi-annual program review, the annexation cannot take
place until calendar year 2009 meaning that the City will not receive property taxes until 2010.
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT: Based on the 2008 property tax rate of.64553, the assemblage ofpropeny will contribute $120,0("
annuall\ to the City in property taX revenues beginning in 2010, The estimate is based or. the followmg calculatIon"
Property Tax Calculation - Seacrest/Hypoluxo Annexation
2D08 BB Rate ,>
6':;~:'=:
Drojectt'c
Business Name
Adoress Street
peN
2008 Value
Per PAPA Site
Taxes (c, I:lt
2008 F~a"
Sam's Club
Best Western
Taco Bell/Pizza Hut
Popeyes Chicken
Palm Beach Memonal Park
7233 Sea crest Blvd 00-43-45-09-23-000-0010 :; 10,222,556 S
7051 Seacrest Blvd 00-43-45-09-23-000-0022 S '\,604,099 :;;
7035 Sea crest Blvd 00-43-45-09-23-000-0030 S :,358,275 -
7049 Seacrest Blvd 00-43 -4 5-09-23-000-0021 869 583 so
3691 Sea crest Blvd 00-43-45-09-05-001-0020 :; ,580 DOC'
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! 4fter 1.-'1/20101
KB: 10/12/08
AL TERNA TIVES: Do not authorize staff to enter into the utility cost-sharing agreement and the amendment to the
billboard consent decree with Palm Beach Memorial Park, This will stop the annexation discussions with Palm Beacb
Memorial Park and cause Sam's Club to either abandon their business expansion plans, seek annexation to the Town (':
Lantana or secure approval of their expansion plan from Palm Beach Count)' even though they prefer annexatlon into
Boynton Be~h. _, ,
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Department Head's Signature
~ ~,
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Cit}, Manager's Signature
Assistant to City Manager
ChYL-
Department Name
City Attorney I Finance
~; \RlILLET1N\Ft )Rtv1::;\/\,--rE~~D/'. iTEi\v1 R::OU~:-;'- F'. )Rl\,A [)' \
ATTACHMENT B
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM E
AGENDA ITEM REQUEST FORNI
Requested City Date Final Fol1l'l Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
I
[XI Aoril 21. 2009 April 6. 2009ONoon) 0 June 16, 2009 June I, 2009 (Noon)
fJ Mav 5 2009 Aori120 2009 (Noon) [ ] July 7, 2009 June 15.2009 (Noon)
0 Mav 19, 2009 Mav4,2009ONoon) [J July 21, 2009 July 6,2009 (Noon)
TJ June 2, 2009 Mav 18, 2009 (Noon) 0 August 4, 2009 July 20,2009 (Noon)
NATURE OF
AGENDA ITEM
al Settlements
AnnouncementslPresentations
RECOMMENDATION: Please place this request on the April 21, 2009 City COnmllssion Agenda under City
Manager's Report. This item is a Status Report on the Voluntary Annexation of the Palm Beach Memorial Park and Sam's
Club propenies.
EXPLANATION: The Palm Beach Memorial Park/Sam's Club land use amendment was approved by Commission
for transmittal to the DCA on January 20,2009, and we understand that the DCA has completed its review without objections
(written confinnation from the DCA is expected this week). This is not a simple annexation; there are many issues
accompanying it which staffbas at least partially explained in the initial information item presented to the Corrnnission in
October of2008, and within the project staff report. The issues are best summarized individually, along with the
corresponding solutions and status. The issues are as follows:
1) Creation of unincorporated "pocket" - This "pocket" is created by the annexation of the uniquely figured Sam's
Club property which includes a "finger" extension north to Hypoluxo Road. TIlls includes an access road for Sam's Club but
wbich is also the sole access drive for three unincorporated properties (consisting of 1 hotel and 3 restaurants). Consequently,
access to the unincorporated properties will be severed by the incorporation (although physical access is maintained),
therefore arguably failing the "compactness" test of Florida Statutes, which is an issue raised by County staff. SOLUTION:
Execute an !LA with the County. Since the properties are also subject to a water service/annexation agreement similar to the
Sam's Club property, they are annexable once contiguous, which will be attained following annexation of the Memorial Park
and Sam's Club properties. The ultimate annexation of the three properties would resolve the compactness issue raised by the
County, and as an interim measure and evidence of intent, city staff offered to enter into an ILA that would document the
city's plan to annex this "pocket". STATUS: The lLA bas been drafted by County staff and will be considered by the City
Commission concurrent with the final adoption of the annexation ordinance (see below for status). Although the !LA was also
to transfer public safety responsibility (for the pocket and adjacent Hypoluxo Road) to the City in advance of annexation, the
Sheriff's Office prefers to continue providing service until ultimately annexed into Boynton Beach.
2) Conditions of annexation - Recall that representatives for the propenies both have conditions of annexation to
ensure the successful implementation of their respective business plans and/or to avoid uncertainty relative to utility hook-up
costs. More specifically, the issues include the immediate desire to lease space for a billboard, the eventual plans to build a
crematorium, the timing of installation of and payment for utility hoolrups, and the planned addition of accessory fuel sales to
the Sam's Club operation. SOLUTION: Annexation agreements will be considered for execution concurrent with adoption of
the annexation ordinance. An agreement with the respective property o\Vllers will achieve the necessary recognition,
S:\BULLETlNIFORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOY~TON BEACH
AGENDA ITEM REQ.UEST FORM
corrurutment, documentation, necessary in connection with the needs of the rwo property owners. WJth respecI to In"
billboard, Its ultimate location on the property will be prnsuant to the provIsions of a 2001 settlement agreement. WhlC!'
requires it to be separated from a residential use by at least 250 feet. It should also be noted that one comnutment wili inClu(ic:
as anticipated, the hmely amendment of the City's LDRs to amend setback reqUlrements applicable to accessory fue! sal"
operations m a Plarmed Commercial Development zoning district (PCD). STATUS: The agreements are m the process"
being drafted, through the necessary communications between the agent for the applications and the City Anorney Th:
agreements will be forwarded for Commission consideration concurrent WIth Final Reading of the annexation ordinann'
Lastly, the applicant has requested an amendment to the 2001 billboard consent decree to aUow placement 0' a billboarl~ a
setback of 150 feet. This request is being reviewed by City staff
As for the DCA's review process, the proposed amendment to the Cny's ComprehensJVe Plan Future Land L'se Map ha" "::>~r
reviewed by the State (the State does not review the corresponding applications for annexation and rezonmgl A verb"
informal communication was received from the State indicating that the State' s review was fimshed and there would rYe'"
objections raised. Staff anticipates receiving the official written notice from the State this week. Once received, the Cn:- ma,;
proceed to the adoption stage which includes another legal notice placed in the newspaper. Depending upon the statuS 01 tl1,'
correspondmg annexation agreements, staff anticipates placing this on either the May 19<1; or June :20G Commission agenda
PROGRAM IMP ACT: This process and corresponding prereqUIsites are necessary for the ultimate anneX3non OJ
approximately 45 acres of land along North Seacrest Boulevard.
FISCAL IMPACT: The overall annexations (the Palm Beach Memonal Park/Sam's Club properties and the pocke'
properties) are anticipated to contribute approximately $120.000 to the City's annual propeny tax revenues
ALTERNATIVES:
.~
Information only; no action is reqUIred at thiS time
,,f (] /h f\r f -t.~ r /)-~
. Devel~ment epartmentDirecror
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CIty Manager' s Sign~ture
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Assistant to City Manager 1 ~,: -
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S.\Planning\SHARED\WP\PROJECTS\Sams Club PB MemoriallANEX (1(,>-001 lAgend" Item Requesl ';.2;-()t,!, Status oniv.ooc
S:\BULLE'TIN\FORMS,A'JENDA ITEM REO\..jSST "URI\!. [) ),
ATTACHMENT C
SAMwS CLUB AND NORTHSTAR PROPERTIES
.'
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150 75 0
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150 300 450
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 21, 2009
The original motion passed 4-1. (Commissioner Weiland dissenting)
D. Discussion regarding Energy Efficiency and Conservation Block Grant
Ms. LeJeune explained the American Recovery and Reinvestment Act (ARRA) was the stimulus
funding and a team had been established with staff from the City and CRA to diligently search
for funding possibilities. Other funds have already been sought and now the Energy Efficiency
and Conservation Block Grant is targeted to reduce fossil fuel emissions, total energy use and
improve energy efficiency in the building and transportation sector. The team reviewed the
priorities and created a program to submit for award. The program would create a revolving
loan fund program to provide energy efficiencies for both private and public buildings.
Partnerships with other governmental agencies as well as private organizations could be formed
to coordinate and facilitate even greater use of the funding. It could also be structured to be
available for low income families and provide assistance applying for other funds. In total, the
grant monies would stimulate the economy, create new jobs and increase permit applications.
Ms. LeJeune further reported $250,000 would be available to hire a consultant to create the
energy efficiency conservation strategy required to meet the funding criteria. Staff
recommended the Commission allow the application to be submitted to create the s!rategy,
develop the revolving loan fund program and public facilities energy audit and retrofit. Mayor
Taylor established there would be no match in funding required by the City. Administrative
costs would be included in a $75,000 allotment. After those funds were exhausted there may
be additional administrative costs to keep the program active.
Motion
Commissioner Ross moved to endorse the submittal of the application through ARRA for the
Energy Efficiency and Conservation Block Grant. Vice Mayor Hay seconded the motion. The
motion passed unanimously.
E. Status Report on the Voluntary Annexation of the Palm Beach Memorial Park and
Sam'::; Club properties.
Mr. Rumpf reported the annexation continues to move forward jointly for over 40 acres
including the Sam's Club properties and Palm Beach Memorial Park. A resolution wI)uld be
needed to cover an interlocal agreement with Palm Beach County relating to the State law of
annexation requiring compactness. There is a pocket created that could only be accessed
through a shared drive with Sam's Club that can only be annexed once it becomes contiguous
to the City boundaries. It includes a hotel and restaurants. Mr. Rumpf indicated the expansion
of utilities and a billboard to the cemetery property and a fuel pump operation for Sam's Club
are part of the annexation agreements and may be amendments to the settlement.
X. FUTURE AGENDA ITEMS:
A. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum
(Deferred pending future grant opportunities)
23
XIII-UNFINISHED BUSINESS
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOAAI
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 2], 2009 April 6, 2009 (Noon) I2?J June 16, 2009 June I, 2009 (Noon)
0 Mav 5, 2009 April 20, 2009 (Noon) 0
0 May 19, 2009 May 4, 2009 (Noon) 0
0 June 2, 2009 May 18,2009 (Noon) 0
0 Announcements/Presentati ons 0 City Manager's Reoort
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Legal
0 Code Comoliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Review and approve City Attorney's report and make determination that
no additional action is required by the City Administration with respect to this property.
EXPLANATION: At the June 2nd City Commission meeting Maria Figueroa spoke at public
audience to complain about the work performed on her home by contractors who were on the City's
approved list to perform Community Improvement Program work, The City Commission requested that
the City Attorney and staff review the complaint. This issue was reviewed previously in 2007, At that
time Walsh Engineering (structural inspection) and Rogina, Inc, (environmental inspection), were hired
to inspect the property at the City's request. Reports from both companies are attached to the City
Attorney's October 23,2007 report to the City Manager which is attached hereto.
A chronological overview of the ownership and contract issues which are pertinent to this review is as
follows:
October, 1996
property purchased by Santos "Sonny" Garcia (hereinafter "Garcia") for $34,000.00.
February, 2004
property purchased by Encarnacion & Maria Figueroa (hereinafter "Figueroas") for $90,000.00.
Garcia is the brother of Maria Figueroa. Records maintained by the Community Improvement
Division reflect that $53,000.00 of the $90,000.00 purchase price was a gift from Garcia to the
Figueroas.
February 9, 2004
the Figueroas made application for financial assistance to make improvements to the property.
S\BULLETINlFORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
February 28. 2004
s\vimming pool on the property was filled at a cost of $2.980.00.
March 29. 2004
the Figueroas were informed by the City that they were certified as a low income household and.
therefore qualified to receive SHIP funds to assist with repairs to the home.
May 26. 2004
the Community Improvement Division approved the Figueroas' application under the elty'"
Home Improvement Program. The approval noted that the home was in need of a nc\\ ruol.
exterior door and window replacements. minor electrical upgrades. and a complete rehabilitation
of the home"s bathroom. The cost of rehabilitation was determined to be $20.841.00. which
included a 15% contingency for unforeseen repairs.
Following a request for bids. Gary Von Husen was selected as the contractor. The total contract
amount of$18.123.00. including permit fees.
July 2 L 2004
The rehabilitation of the property was completed and the Community Improvement Division
recommended, and the Assistant City Manager approved, additional work to add one bedroom
and one bathroom to the home. The cost of the additional improvement was $23.460.00.
February 25,2005
certificate of occupancy issued.
" .13l1L! ET1"-'.FClRt\1S...\liU'iDA ITEM RE(llIES'! !( IRtvl [)( 1('
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
October 19, 2005
the Community Improvement Division received a list of complaints the Figueroas had regarding
aspects of the improvements which the Figueroas claimed were not properly done~ A
memorandum summarizing is attached as Exhibit "3."
April, 2007
Mrs. Figueroa advised the Community Improvement Division that she had an unlicensed
plumber repair a broken toilet and she requested reimbursement for both the toilet and the labor.
The Community Improvement Division reimbursed the Figueroas for the cost of the toilet but not
the labor.
June 14, 2007
the Figueroas made additional claims regarding the construction, including a claim that the slab
for the new addition and the roof were improperly constructed or installed.
June 27,2007
Stephen R. Walsh, P.E. of Walsh Engineering, Inc, inspected the property at the City's request.
Mr. Walsh's report was provided to the City on August 8, 2007. Walsh Engineering was paid
$1,050.00 for its report. A copy of the report is attached as Exhibit "4."
August 23, 2007
the property was inspected by Rogina, Inc., a clinical and environmental health inspection
company headed by Dr. Robert L. Scarry. Dr. Scarry had been retained by the City to conduct an
indoor environmental quality report. Dr. Scarry's report was submitted to the City on September
6, 2007. The City paid $4,034.45 to Rogina, Inc., for the inspection and report. The report is
attached as Exhibit "5."
October 8, 2007
The issue of further expenditure of funds for this property IS discussed at CML T. Carisse
Lejeune and I begin a review.
October 10, 2007
Carisse Lejune and I met with the Figueroas and Sonny Garcia
October 12, 2007
Carisse Lejeune and I met with Gary Von Husen who agreed to conduct a re-inspection of the
property on October 15, 2007. The inspection was cleared with Sonny Garcia.
October 15,2007
Gary Von Husen inspected the property. He was accompanied by Chris Mitchell. Mitchell's
report is attached as Exhibit "6."
S\BULLET1NlFORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
October 19.2007
Gary Van Husen advised me that the problems complained of by the Figueroas are the result ,>l d
lack of maintenance by the Figueroas, poor workmanship by other individuals on improvements
that were not part of his contract, and damages caused by the homes' occupants or guests. He
indicated that his work was performed properly and to building code standards and that he \\i 1]
not undertake any additional corrective work on the property.
The owner of Sun Band Builders. Dan Morgan. was contacted and asked to inspect the prope11:
to evaluate the alleged construction defects but indicated he would not go back on the property fL)
re-inspect it as the Figueroas had been very abusive to him during the construction. He asserts
that all work was done properly and inspected and apprcwed by the City before he received his
final payment.
There appears to be general agreement that the living conditions of the Figueroa home are less than
desirable and that there are significant improvements that could be made for the benefit of the occupants
(two adults and five children). Whether the current condition of the property is the result of defective
work by the contractors, or the result of a lack of maintenance by the property occupants ur d
combination of both cannot be determined at this time.
It is clear from the City's documentation that the City has gone to great lengths and expense to document
post construction condition of the property. The property owners have been provided \vith the inspection
reports as well as a repair punch-list prepared by City staff to assist them in their own evaluation of hu\\
to deal with the need for additional repairs that they seek.
Based on the information available, it does not appear that the expenditure of additional public funds lor
repairs or improvements to this private property is authorized. The Figueroas may have claims the: can
assert against the contractors. but they will need to seek the advice oftheir o\vn attorney in this regard
Subsequent to the report the Figueroas filed a complaint with the Florida Department of Professlonal
Regulation against Gary R. Von Husen General Contractor. Inc. The City was contacted by the State
Investigator and the City provided the documentation gathered during the City's 2007 investigation ()n
June 8. 2009 the City received notification from the Department of Business and Professional Regulation
indicating that "the evidence contained in our file does not support finding of a violation."
City Staff that was involved in oversight of the rehabilitation work and post-rehabilitation investigation
will be in attendance at the City Commission meeting to address any specitic questions by the
Commission regarding the work performed by the contractors.
PROGRAM IMP ACT:
None
FISCAL IMP ACT:
None
'i '.Bl!UrnMFORMS./\CiFNfn ITEM RF()LIEST H1RMll()(
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES:. None
~ ~ /~'.s
Department Head's Signature
j~~
City Manager's Signatur~)
Assistant to City Manager $-
City Attorney
Department Name
City Attorney / Finance
S\BULLETIMFORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
City Attorney's Office
Memorandum
TO:
Kurt Bressner, City Manager
FROM:
James A. Cherof, City Attorney ~
October 23, 2007
DATE:
RE:
Community Improvement Project
Property Owners: Encarnacion & Maria Figueroa
Property Address:
I have reviewed the claims being made by Encarnacion and Maria Figueroa (hereinafter
"Figueroas") that improper work to their home performed funded under the City's
community improvement program has resulted in construction defects which make the
house uninhabitable and unsafe. I have focused my review on whether the City is legally
responsible to pay for additional work to correct the alleged defects.
The Figueroas own a home located at 1630 NW 3rd Lane. The property at time of
application was comprised of two bedrooms, one bathroom and a carport. The City has
expended a total of $46,650.65 in conjunction with improvements and inspection of the
Figueroas' property. A list of the payees and the amounts each received is attached as
Exhibit "1."
In general, when an application for Community Improvement funds is approved by the
City, the applicant/property owner enters into a fonnal written contract with a contractor
to make the authorized improvements. Contractors are screened and approved by the city
at the invitation to bid phase of the project. City staff in the Community Improvement
Division administers the program and oversees the expenditure of the public funds but
the City is not a party to the contract between the property owner and the contractor. The
improvements to the property are covered by a one-year warranty although some
materials incorporated in the improvements may have longer waITanties,
As part of the pre-construction conference, the property owners are required to sign an
acknowledgment that they understand that the City's role is limited to administration and
that "the City of Boynton Beach Community Improvement Division assumes no
responsibility for the work performed and does not warrant any work perfom1ed." The
Figueroas signed their acknowledgment. a copy of which is attached as Exhibit "2,"
001
A chronological overview of the ownership and contract issues which are pertinent to this
review is as follows:
October, 1996
property purchased by Santos "Sonny" Garcia (hereinafter "Garcia") for
$34,000.00.
February, 2004
property purchased by Encarnacion & Maria Figueroa (hereinafter "Figueroas")
for $90,000.00. Garcia is the brother of Maria Figueroa. Records maintained by
the Community Improvement Division reflect that $53,000.00 of the $90,000.00
purchase price was a gift from Garcia to the Figueroas.
February 9,2004
the Figueroas made application for financial assistance to make improvements to
the property.
February 28, 2004
swimming pool on the property was filled at a cost of $2,980.00.
March 29,2004
the Figueroas were informed by the City that they were certified as a low income
household and, therefore qualified to receive SHIP funds to assist with repairs to
the home.
May 26, 2004
the Community Improvement Division approved the Figueroas' application under
the City's Home Improvement Program. The approval noted that the home was in
need of a new roof, exterior door and window replacements, minor electrical
upgrades, and a complete rehabilitation of the home's bathroom. The cost of
rehabilitation was determined to be $20,841.00, which included a 15%
contingency for unforeseen repairs.
Following a request for bids, Gary Von Husen was selected as the contractor. The
total contract amount of $18, 123.00, including permit fees.
July 21,2004
The rehabilitation of the property was completed and the Community
Improvement Division recommended, and the Assistant City Manager approved,
additional work to add one bedroom and one bathroom to the home. The cost of
the additional improvement was $23,460.00.
February 25,2005
certificate of occupancy issued.
002
2
October 19, 2005
the Community Improvement Division receIved a list of complaints [he Figueroas
had regarding aspects of the improvements \vhich the Figueroas claimed were nol
properly done. A memorandum summarizing is attached as Exhibit ..:.
April, 2007
Mrs. Figueroa advised the Community Improvement Division that she had an
unlicensed plumber repair a broken toilet and she requested reimbursement for
both the toilet and the labor. The Community Improvement Division reimbursed
the Figueroas for the cost ofthe toilet but not the labor.
June 14,2007
the Figueroas made additional claims regarding the construction, mcluding a
claim that the slab for the new addition and the roof were improperly constructed
or installed.
June 27, 2007
Stephen R. Walsh, P.E. of Walsh Engineering, Inc, inspected the property at the
City's request. Mr. Walsh's report was provided to the City on August 8, 2007.
Walsh Engineering was paid $1,050.00 for its report. A copy of the report is
attached as Exhibit "4."
August 23, 2007
the property was inspected by Rogina, Inc., a clinical and environmental health
inspection company headed by Dr. Robert L. Scarry. Dr. Scarry had been
retained by the City to conduct an indoor environmental quality report. Dr.
Scarry's report was submitted to the City on September 6, 2007. The City paid
$4,034.45 to Rogina, Inc., for the inspection and report. The report is attached as
Exhibit "5."
October 8, 2007
The issue of further expenditure of funds for this property is discussed at CML 1'.
Carisse LeJeune and I begin a revie\v.
October 10, 2007
Carisse Lejune and I met with the Figueroas and Sonny Garcia
October 12,2007
Carisse LeJeune and I met with Gary Von Husen who agreed to conduct a re-
inspection of the property on October 15, 2007. The inspection was cleared with
Sonny Garcia.
October 15,2007
Gary Von Husen inspected the property. He was accompanied by Chris Mitchell.
Mitchell's report is attached as Exhibit "6."
003
October 19, 2007
Gary Van Husen advised me that the problems complained of by the Figueroas
are the result of a lack of maintenance by the Figueroas, poor workmanship by
other individuals on improvements that were not part of his contract, and damages
caused by the homes' occupants or guests. He indicated that his work was
performed properly and to building code standards and that he will not undertake
any additional corrective work on the property.
The owner of Sun Band Builders, Dan Morgan, was contacted and asked to
inspect the property to evaluate the alleged construction defects but indicated he
would not go back on the property to re-inspect it as the Figueroas had been very
abusive to him during the construction. He asserts that all work was done
properly and inspected and approved by the City before he received his final
payment.
There appears to be general agreement that the living conditions of the Figueroa home are
less than desirable and that there are significant improvements that could be made for the
benefit of the occupants (two adults and five children). Whether the current condition of
the property is the result of defective work by the contractors, or the result of a lack of
maintenance by the property occupants or a combination of both cannot be determined at
this time.
It is clear from the City's documentation that the City has gone to great lengths and
expense to document post construction condition of the property. The property owners
have been provided with the inspection reports as well as a repair punch-list prepared by
City staff to assist them in their own evaluation of how to deal with the need for
additional repairs that they seek.
Based on the information available, it does not appear that the expenditure of additional
public funds for repairs or improvements to this private property is authorized. The
Figueroas may have claims they can assert against the contractors, but they will need to
seek the advice of their own attorney in this regard.
4
004
121 DATE
PAYEE
AMOUNT
04/19/04
Hatcher Construction
$2,980,00
01/1 0/05
05/03/04
Kathryn Pascale, C.H.M.M, $150,00
Kathryn Pascale. C'.H.M.M $150.00
Subtotal
$300.00
06/05/05
08/16/04
Dorothy H. Wilken, Clerk
Dorothy H. Wilken, Clerk
$219.35
$ 88.85
Subtotal
$308,20
07/09/04 Gary Von Husen $12,031.20
07/27 /04 Gary Von Husen $6,341.80
08/02/04 Gary Von Husen $500,00
Subtotal $18,873.00
12/14/04 Sun Band Builders $4,950.00
12/17/04 Sun Band Builders $1,800.00
01/03/05 Sun Band Builders $4,500.00
01/10/05 Sun Band Builders $1,485.00
01/18/05 Sun Band Builders $2,250.00
02/28/05 Sun Band Builders $2,515.00
Subtotal $17,500.00
06120/05 Odom's Sod $950.nO
11/22/05 MacDonald Construction $155,00
12/07/05 G.A.M. Electric $ J 75,00
01/09/06 Kilbourne Air Conditioning $J25.0U
01/09/06 Encarnacion Figueroa S lOO.On
08/27/07 Walsh Engineering $ l,050,OO
09111107 Rogina, Inc, $4.034.45
TOTAL $46.650,65
005
Exhibit illll
PRE-CONSTRUCTION CONFERENCE REPORT
PLEASE READ CAREFULLY BEFORE SIGNING
I (we) the undersigned have on this date at the Community Improvement Division, City of Boynton
Beach, 100 East Boynton Beach Boulevard, Boynton Beach, Florida participated in a pre-construction
conference prior to the signing of a contract for the rehabilitation of my (our) property. I (we)
acknowledge that I (we) understand the terms of the Homeowner/Contractor Agreement, the
explanation of the work to be performed by the contractor, the roles of the Community Improvement
Manager and the Construction Coordinator, and our responsibilities during the construction phase. I
(we) have been given an adequate explanation to our questions, if any, and are aware that assistance
will be provided by the staff of the Community Improvement Division's Housing Programs if requested. I
(we) further understand and acknowledge that the City of Boynton Beach Community Improvement
Division assumes no responsibility for the work performed and does not warrant any work performed.
~;~U~ER ~~~~r~E
E ACION FIG OA
DATE
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I, the undersigned, hereby certify that the pre-construction conference was held on this date between
the Homeowner(s), Construction Coordinator, and myself. I understand the procedures to be followed
for change orders and requests for payments and inspections. I understand and agree that the work
performed must meet the standards of performance required by the Community Improvement Division's
Housing Programs, specifications, work write-up and all a~icable.~~ ' /
. ~ eJ ti/ll.lbY
CONTRACTOR DATE
SUN BAND BUILDERS
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We the undersigned hereby certify that we have participated in the pre-construction report this date.
o
CHRlgTOFIII!~ L. MlfOI~LL
CON~
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SALVATORE BELLOISE
CONSTRUCTION COORDINATOR
DATE:
DATE:
~ftb /~
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BRENDA CORNELIUS
AFF DABLE HOUSING ADMINISTRATOR
DATE:
o
DEBBIE REAMSNYDER
ADMINISTRATIVE SECRETARY
3/,,,, IllY
DATE:
Exhibit "2"
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DEPARTMENT OF DEVELOPMENT
Community Improvement Division
Memorandum
CID 05-
,.
TO:
FROM:
DATE:
RE:
Octavia Sherrod, Community Improvement Manager
Sal Belloise, CIO Construction Coordinator
October 20, 2005
Response to List of Construction discrepancies by Mr. Figueroa
On October 18, 2005, I received a list of construction discrepancies from Mr. Encarnacion Figueroa,
residing at 1630 NW 3rd Lane, a two bedroom one bath single family residence. Ref. enclosure #1
HISTORY:
Mrs. Figueroa's in-ground swimming pool was filled in with sand fill by Community Improvement at
the cost of $2,980.00, on February 28, 2004. Ref. enclosure #2. During the process to fill the
swimming pool Community Improvement personnel identified the principle residence as a candidate
for rehabilitation. Ref. enclosure #3.
A complete residence rehabilitation was performed at 1630 NW 3rd Lane. The rehab included a new
roof, windows, storm panels, exterior doors, bathroom rework, exterior painting, electrical up-grade
with ground fault circuit interrupters (GFIC) in the bath and kitchen, smoke detectors in all bedroom~
and hall and a new St. Augustine lawn was installed.
Community Improvement felt that with the number of children (5), two girls and three boys, and two
adults living in the residence (two bedrooms and one bath) it would be beneficial to build an addition
(the first in the city) on the rear of the residence. A nice thing to do. They didn't ask for it, the City of
Boynton Beach built the addition for the Figueroa's at not cost to them. The addition would consist of
a bedroom, a bath, and a walk in closet.. This addition would free up the main residence for the
children to have their own bedrooms and a bath.
The work on the addition was completed on February 28, 2005. The work was accomplished in an
expeditious and professional manner and with the privacy of the residents in mind by all construction
personnel.
Mr. Figueroa has requested the general contractor return to correct numerous discrepancies,
identified by Mr. Figueroa, as a result of faulty construction. Mr. Figueroa is not a contractor, nor is he
associated with the construction trades. Mr. Figueroa has been listening to the advice of a relative
who lives across the street from him. This relative is not in the construction trades and is considered
"the family construction expert". Subsequently, Mr. Figueroa has not been cooperative from the very
on set starting with filling in the swimming pool. Mr. Figueroa has always been confrontational since
the first day the plan to fill the pool was put into action.
Consequently, Community Improvements General Contractors have threatened to walk off the job if
Mr. Figueroa continued his provocative attitude and foul language towards their construction workers.
Exhibit "3"
Dn'?
S :\Community lmprovement\memos\2M5\Figuer03 discrepancy Iist.doc
<!)
DEPARTMENT OF DEVELOPMENT
Community Improvement Division
Memorandum
CID 05-
Mrs. Figueroa did her best to constrain Mr. Figueroa, however, that was short lived.
The General Contractors were more than willing to return for legitimate discrepancies, however, time
after time they were being asked to come back and repair items they found were the fault of either the
children, Mr. Figueroa, or the dogs.
Our contractors have now declared that they will not return and subject themselves to Mr. Figueroa's
negative comments and foul language.
On October 19, 2005, Mr. Figueroa did not come into the office of Community Improvement to
discuss items he felt needed attention by our contractors, instead he dropped off the list at the front
desk and requested the list be given to Community Improvement personnel.
All construction was accomplished satisfactory the first time. Any discrepancies surfacing are a result
of Mr. Figueroa, the children or the dogs.
Community Improvement does not seek praise for all the work accomplished for the Figueroa's,
however, you would normally expect some degree of gratitude from the Figueroa's for what was done
) improve their wellbeing, instead construction personnel were met with criticism and harassment at
almost every visit.
The recent list of discrepancies submitted by Mr. Figueroa, October 19, 2005 is as follows: Ref Item
#1.
1. Issue: Windows tremble when doors are closed.
Response by CI: This is a CBS constructed residence. If the windows are rattling when the
doors are closed - the doors are being slammed shut. Not the fault of any construction work.
2. Issue: Water faucet in bath tub is not properly set in wall.
Response by CI: At the time of construction completion the faucet was properly installed. The
contractor found that the children may be pulling or pushing on the faucet during bath time.
3. Issue: Soft spot in roof.
Response by CI: Unable to identify any soft spot in roof.
4. Issue: Crack in floor of new addition.
Response by CI: This is a normal settlement crack that often happens as concrete cures. This
is no threat to the structural integrity of the addition.
008
S:\Communitylmprovemellt\memos\2005\Figueroll discrepancy list-doc
~
DEPARTMENT OF DEVELOPMENT
Community Improvement Division
Memorandum
CID 05-
5. Issue: Outlet in bathroom does not work.
Response by CI: Electrical contractor could not find any fault with outlet.
6. Issue: light in utility room can only be turned on with fuse box.
Response by CI: Electrical contractor indicated that someone altered the wiring Uury-rigged) in
the fuse box thereby rendering the light inoperable.
7. Issue: Door leading outside from new addition bedroom was placed backwards.
Response by CI: The door was placed to swing as initially requested by Mr. Figueroa, as can
be confirmed by the General Contractor and CI personnel. However, as the door is currently
placed it meets all code requirements by swinging out and away from any other doors thereby
avoiding any possible personal injury. This door is in the rear of the residence in a secure area
of the property and does not require a peep-hole.
8. Issue: Toilet in bathroom not level.
Response by CI: The toilets in both bathrooms were installed level by professional plumbing
contractors.
It has always been the intent of The Community Improvement Division to give the customer, our
citizens, every consideration and the benefit of the doubt when request such as those above surface.
However, even under the most sever conditions there is only so much CI can do without pressing the
General Contractors and chancing their decision to not work with the City in the future.
Sal Belloise
Construction Coordinator
Enclosures:
1. Issues to be discussed (discrepancies) October 18, 2005
2. Letter, request for pool enclosure. January 12, 2005
3. Single Family Residence Rehab and Addition. July 21,2004
S:\Community Improvemenl:\memos\200S\Figueroa discrepancy list.doc
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Issues to he discussed
-Windows tremble when doors are closed
-Water faucet in bathtub is not properly
set in the wJlll.
-Soft spot in roof
-Crack in added bedroom floor
-Outlet PI added bathr-Oom tloes-llDt W.orK
-Light in utility room can only be turned
on with fuse box
-Door leading outside in added bedroom
was placed backwards
(Therefore I am requesting a peephole to
be installed)
- Toilet in added bathroom is unleveled
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DEPARTMENT OF DEVELOPMENT
Community Improvement Division
Memorandum
CID 04- 0
J'
TO:
THRU:
FROM:
DATE:
RE:
Wilfred Hawkins
Quintus Green
Octavia S. Sherrod, Community Improvement Manager
July 21,2004
Single Family Residence additional bedroom and bath.
The Community Improvement Division recently refurbished the home of Encarnacion & Maria
Figueroa, located at 1630 N.W. 3rd Lane. Rehab was completed July 21, 2004. The total cost of rehab
was $18, 123.00.
The Figueroa's home is a two bedroom, one bath with carport. They have five children ranging in age
from 14 years to one year. There are three girls, age's 14 to one year, and two boys ages 13 and
seven years.
What becomes apparent is the utilization of space in the home. If the parents have one bedroom, that
leaves the second bedroom for all the children. However, conversations with the Figueroa's revealed
1at the three girls have the second and the boys must make due in the living room on sofas and day
.Jeds. This is tolerable but not healthy for growing children. Visualizing the make up of a two-bedroom
one-bath home - placing bedroom furniture in the living room does not leave any extra room for
members of the family to socialize with friends.
It is the desired policy of The Community Improvement Division to place growing families in houses
with three bedrooms and two baths for the following reasons:
1. More living space per person offers more privacy - essential to growing children entering
puberty.
2. The healthy growth of school age chi! ren depends upon growth space in the home.
3. Sociologically, children need to i~ ,rac with friends in the home to develop.
4. Children in their teens should at ohabitate with siblings unable to comprehend the
maturational development of you ' adults.
Therefore, it is the request of this division to ask for an approval to build an addition onto the
Figueroa's home consisting of a modest bedroom and bath. This addition will become the master
bedroom for the parents freeing up a bedroom for the boys.
The winning bid cost for the new addition is $23, 460.00
..ISS :dar
Attachment
S~\~"'"~IIM~~\~~~~l~.~
)i'
'"1.~ .'")
012
WA ?--q ENGINEERING iN"
P.o. nux 933, BOCA RATON, FL 33429
(561) 362-0237 362-7414 (FAX)
August 7, 2007
Ms. Debbie A Reamsnyder
City of Boynton Beach
Community Improvement Division
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Re: 1630 NW 3rd Lane
Boynton Beach, FL
Dear Ms. Reamsnyder:
On June 27, 2007 I inspected the above referenced home to determine which items on the
homeowner's list of cons1nIction defects needed corrective action.
My inspection found the front door has been installed in an opening that does not appear
to be perfectly square. I could not verify the attachment of the door:frame to the structure
nor could I see the attachment of the adjacent windows to the structure. I could see,
however, that there has been movement between the door frame and the window and the
:framing below the window on the north side of the door; there is a crack between the
structure and the window sill. This merits further investigation.
The side door of the original home was set with the slightly uneven spacing between the
door and the frame and the threshold is not perfectly level yet both are functional. The
homeowner's dog has clawed at the weather stripping around the lower section of the
door and ruined it. The homeowner has installed new weather stripping in this area. I
recommend no repair of this area.
The homeowner said the window on the north side into the carport was installed without
bucks as were the windows south of the front door. Both of these were impossible to
verify. The building inspector should be able to verify that the bucks passed inspection.
The windows on the south wall and on the south end of the east wall were installed with
more than one buck at one side or the other. The buck material that is exposed has been
painted. In the future, as part of regular maintenance, I recommend recaulking and
painting to cover the additional buck material. The windows at the north side of the front
wall of the home need caulking between the windows; there does not appear to have been
any there.
The intersection of the new roof with the old roof on the south side was reported to have
a hole between the roofs and birds were nesting there. The homeowner has put a piece of
wood in the area to close the hole and the problem has been resolved.
Exhibit "4"
STRUCTURAL ENGINEER, P.E. #33915 - SPECIAL INSPECTOR, S.I. #0290
o 1:~
Ms. Debbie A Reamsnyder
Page 2 of2
August 7, 2007
The door from the north side of the addition was placed swinging opposite the way
shown on the plans; although the door swings out the hinge side is opposite of that shown
on the plan. Above this door there is a water diverter to keep roof water away from the
door. The homeowner told me they had to put in a splash block in the lawn where the
new water diverter drains water. That was a good maintenance move, no further action
required.
The toilet in the addition was reported to be improperly placed. It has since been replaced
and shimmed. There was no mention of leaks at the toilet The bathtub faucet was not
placed centered on the tub and the area around the tub reportedly leaks. I recommend
checking the caulking around the tub.
The homeowner said there was supposed to be central air in the addition but the plans
shown to tne7 which I was told were copies of the ones filed for permi~ show there will
be no air conditioning and the bid specifications provided to me do not call for air
conditioning to be installed in the addition.
The room next to the dining room was reported to have a leak in the roof that has been
fixed. No further repair required.
The dining room ceiling at the entrance to the addition has come loose from the framing
above and must be ~ttached to the framing and finished properly.
In addition to the inspectio~ I was shown a video of the construction in progress. The
video showed that the workmen left nails exposed in pieces of wood in the trash pile on
the site~ broken pipes in the groun~ poured sills not being in place while under
construction and holes between the old roof and the new roof while the new was being
installed. All of these conditions are expected during construction and all of these
problems were corrected during construction. There was also an allegation~ which I
cannot verify, that a tarp used by the construction personnel wrapped around the AC
condensing unit and caused it to fail, costing the homeowner several hundred dollars. I
was told the city bas reimbursed the homeowner for that expense.
In summary, I was told of many problems that have been fixed or are not issues that need
to be dealt with. I did found a few minor problems that do need repair like caulking at the
front window and around the new tub in the addition and the need for the reattachment of
the dining room ceiling. The only potentially serious problem I found was the framing at
the north side of the front door. I recommend further investigation of this area
If I can be of further assistance to you please feel free to call.
.-/"
---
Stephen R. Walsh P.E.
8/08/07
WALSH ENGINEERING, INe
014
PRE-CONSTRUCTION CONFERENCE REPOKT
!'tEASE READ CAREFULL Y BEFORE SIGNING
I (we) the undersigned have on this date at the Community Improvement DivIsion. City of Bovnton
Beach, 100 East Boynton Beach Boulevard, Boynton Beach, Florida participated in a pre-construction
conference prior to the signing of a contract for the rehabilitation of my (our) propert~, i we)
acknowledge that I (we) understand the terms of the Homeowner/Contractor Agreemen\ the
explanation of the work to be performed by the contractor, the roles of the Community Improvement
Manager and the Construction Coordinator and our responsibilities during the construction phase. i
(we) have been given an adequate explanation to our questions, if any, and are aware that assistance
will be provided by the staff of the Community Improvement Division's Housing Programs jf requested. i
(we) further understand and acknowledge that the.;City of Boynton Beach Division Community
Improvement Division assumes no responsibility for the work performed and does not warrant an> worh
performed.
2-03-008
CASE NUMBER
~ I '1---
/!/l~~;{-tIr1) l ~j
PROPERTY- NER > DATE
ENC NACION EROA
DATE
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I, the undersigned, hereby certify that the pre-construction conference was held on this date between
the Homeowner(s), Construction Coordinator and myself. I understand the procedures to be followed
for change orders and requests for payments and inspection . I understand and agree that the work
performed must meet the standards of performance required he Co nity I rovement Division's
Housing Programs, specifications. work write-up and all ap . a Ie cod . f
)<.;.
CONTRACTO
GARY V N HUSEN
;-: ,.)T'.:....;~ ,'x..",/,!;r'"/'p/.~,.fl,Y~ieY.~:.M",;"";':,>>,~~/A';::&I';.'.Jv.'.W"/.""".MP"/""4.7."'7.-I!V/:.1.l':.f"'/,A"/d~~..tI~~"}'M:;('; .v...~:6Jr,':'?:.f..-I. ;fl""/.>l:~..;lr.~.n~,';;";J;'~I,".',;lo"'fi;..,...,.,~r:;-,1:'"/..d~~.,./~/~)l,;dr...v.:'..",:.l7/"W';~'...t'/~-'_l\>',;.w'l;.,;,,-:..<>;...' :..:.r;~:""':4>' w"..:.w ;';'7;'~,*;p/,'p .~~' _;..w '.' ~~: ',;,;:.:,"
We the undersigned hereby certify that we have participated in the pre-construction report this date
o
CHRISTOPHER L. MITCHELL
CONS~~
o~.
SALVATORE BELLOISE
CONSTRUCTION COORDINATOR
DATE:
DATE: c:, /2 ~-
o
BRENDA CORNELIUS
AFFORDABLE HOUSING ADMINISTRATOR
o ~\ (1 ~
DEBBIE REAMSNYDER ~
ADMINISTRATIVE SECRETARY
DATE:
DATE:
\of 2/ o~
015
;~ 1,(: CJIt'r/U t 111'.' Hn':r0\/Er:'i::Jl7if();n/~'J:LG:;H.lG rJor:lJr,~.EJ-IT:;\j~r:r>r;(j! .1[; i FUf:,-llGI .\; ,.') ;.[/;1
Revised 01/2003.dar
--
1006 E. Canal Street
Mulberry, Florida 33860
Ph (866) 776-4462 Fax (863) 425-1683
P.O. Box 5888
Lakeland, Florida 33807
",,"'W. rogina- in C.com
Rogina, InC.
06 September 2007
Ms. Carisse Lejeune, Assistant to City Manager
City Manager's Office
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
Re.: 1630 N.W. 3rd Lane, Boynton Beach, FL
Dear Ms. Lejeune:
Thank you for permitting Rogina, Inc. to assist The Ci~ of Boynton Beach with the
Indoor Environment Qualityconcems at 1630 N.W. 3r Lane, Boynton Beach,
Florida. Dr. Robert Scarry and Senior Technologist John Scarry representing
Rogina, Inc. and Victor Wooten representing The City of Boynton Beach evaluated
the residence on August 23, 2007.
Back2round:
The original property at 1630 N.W. 3rd Lane, Boynton Beach, Florida was a concrete
block home with approximately 800 square feet err) of living space. An addition to
the property increased the living space by approximately 150 tr.
A concern of possible fungal (mold) growth related to water intrusion motivated an
evaluation of the property. Specific concern for health and discomfort related to
mold was the intent of the evaluation. The sources of water and odor were
evaluated.
There were seven people, two dogs and two hamsters living in the residence. .N 0
working exhaust system was noted. A single exhaust fan in the bathroom did not
appear to have been operational.
Bulk Cultures:
Bulk samples were collected from moisture-damaged or visibly contaminated
building materials and stored in zip-lock plastic bags for transportation to Pure Earth
Environmental Laboratory Inc., Pennsauken, New Jersey for analysis. Serial
dilutions of sampled materials were inoculated to appropriate media and incubated
at 720 F for 7 to 14 days. Resultant growth was quantified and identified by a
trained environmental microbiologist. Results were expressed in colony forming
units per gram of sample (CFU/gram) (see Appendix B).
............... ... ........
Interfacing Clinical and Elll'irOlll1lellta{ Health
01'6
Exhibit "5"
Ciry ofBvvnron Bleach
Page ::
Swab Samples:
Swab samples were collected from moisture-damaged or visibly contaminated
building materials and placed in holding media. Sealed- swabs were stored in
zip-lock plastic bags for transportation to Pure Earth Environmental Laboratory Ine
for analysis. Serial dilutions of sampled material were inoculated to appropriate
media and incubated at nO F for 10 days. Resultant growth was quantified and
identified by a trained environmental mycologist. Results were expressed in colon~
forming units per swab sample (wipe). A doctorate-level microbiologist interpreted
results (see Appendix B).
Results:
Observations (See photographic documentation in Appendix B). Overt signs of
moisture acc~ulation and subsequently established microbial growth were noted
on entry to the residence. Odors characteristic of microbial metabolism existed
throughout the residence. Standing water on the kitchen floor and discolored tile
grout were noted. The ceiling of an above-shower area was heavily contaminated
with fungal growth, and the relative humidity of the bathroom was noticeably
elevated.
The home was air-conditioned by a single vertical air-handler unit located in a
mechanical closet. Return air was filtered by two layers of "hog hair" filter located
immediately inside louvers of the closet door.
Moisture determinations throughout the residence indicated accumulated rouge
water was present in the sub-tile spaces of the kitchen flooring. Other areas of
apparent moisture intrusion included wallboard under a living room window,
wallboard beneath a kitchen window, and wallboard above a bedroom closet. Other
moisture related damages were noted beneath the sink in the kitchen, and in the
ceiling above the shower. A floor mat located immediately in front of the kitchen
sink was moisture laden to the extent of saturation.
Infrared assessment of walls and ceilings failed to demonstrate sites of envelop
failure. Reflectivity made infrared analysis of the kitchen floor impossible.
An assessment of the attic space revealed sources of moisture through the building
envelop. Deteriorated vapor retardant was observed aloOng the gable end of the
wall. Exposed lathe and stucco was noted. Voids in the exterior wall permitted
sunlight to illuminate the attic. One of the openings was immediately above a
bedroom closet. A damaged ceiling and door track in the closet was indicative of
previous water intrusion.
017
City of Boynton Bleach
Page 3
Microbial studies were documented in Appendix A. Results of studies were
provided by Pure Earth Environmental laboratory. Though fungal growth was
present in all samples the microbial populations were overwhelmingly bacteria in all
instances except from the ceiling above the shower, and from within the cabinet of
the kitchen sink. No bacteria were isolated from the ceiling over the shower sample;
approximately 41 % of the isolates from within the kitchen sink cabinet were fungal.
In the remaining samples less than 1 % of the microbial isolates were fungal, i.e.,
>99% of microbial contaminants were bacteria.
Discussion:
Rogina, Inc. was asked to evaluate the residence for mold-related indoor
environmental issues that could be associated with faulty construction or defects in
the structure. Though window installation in the kitchen may have been partially
responsible for accumulated water under floor tile, it is more likely the moisture
originated from plumbing beneath the sink. To ascertain the extent window
installation contributed to the moisture accumulation would require removal of the
kitchen sink cabinet. This was not feasible as the home was occupied and rendering
the sink inoperable would have imposed a severe hardship on the occupants.
Evidence suggests the source of water was from within the cabinet, not from behind
it.
Moisture in wallboards beneath windows suggests improper sealing of the windows
during installation. Rogina, Inc. recommends re-installation of the windows.
Specific attention to proper flashing and caulking is required during the evaluation
and repair..
The damaged ceiling and door track of a bedroom closet appeared to be the result of
moisture intrusion from the attic area. Rogina, Inc. recommends repair of the vapor
retardant (asphalt saturated felt) at the gable end of the home, repair to the stucco,
and repair of the closet ceiling.
In the bathroom a small exhaust fan was located in the ceiling. During the
evaluation by Rogina, Inc. the bathroom was quite humid. The fan was not
operating suggesting its use was not common. Rogina, Inc. recommends educating
the family to use the fan every time the shower is used. A prudent measure would
be to wire the light and fan to a common switch. It will be necessary to remove the
contaminated ceiling and replace it. Engineered controls to prevent widespread
distribution of fungal contamination must accompany the removal of the ceiling.
Recommendations:
No prioritization was implied by the following list. It was anticipated all items
would be given equal consideration and all items would be completed.
.... Remove and re-install the windows in the living room and kitchen.
018
I
I
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I
I
I
I
I
I
I
Cfry olBovmon Bleach
Page -I
.... Remove the kitchen sink vanity. Examine the exposed wall for sighns of \vatc
intrusion. If necessary remove exposed wallboard. clean wall cavity and repIau
vanity.
... Remove the kitchen floor tiles. Dry the underlying slab prior to restoring the
flooring.
~ Replace the vapor retardant in the gable end of the artic. Repair the stucco where
water intrusion has been noted.
.... Remove and replace the ceiling in the bedroom closet where damage from water
intrusion was noted.
... Replace the ceiling in the bathroom. Install a ceiling fan. Wire fan to operate
when light switch is energized.
Other items that should be repaired at the time of these remedial efforts include
repairs to damages caused by pets, e.g., chewed doors, and a faulty ceiling in the
dining room.
If you have any questions or wish additional information call toll free 866-7-Rogina
(866-776-4462) or FAX 863-425-1683.
Rest~llY S~.bmi;re~dO~in~alnc. y
~2"&---.....-c~ -? ~ . ~~
Robert L. Scarry, MS, P .D.. HCL (ABB), RPIH. CIAQP. CIAQC. CIEC
President/CEO /
013
I
I
I
I
I
I
I
I
!
City of Boynton Bleach
Page 5
Appendix A
Microbiology Reports
Pure Earth Environmental Laboratory
Pennsauken, New Jersey
020
I
, i
~)'f":' ~ ;Ii':' [1,'\1 r'lr'Fli~.1ni~!! l :f11 i fir
(\~~. ~!~!~
LAB 0 RAT 0 R Y
ROGINA, INC.
P.O. Box 5888
Lakeland, FL 33807
COUNTS
BULK-BACT/FUNG CT&ID
BULK SAMPLE
TOTAL COUNT BACTERIA:
TOTAL COUNT FUNGI:
44
30
------------------------
Weight: GRAMS/IOML
Dilution Factor BACTI:
FUNGI:
ND=None Detected
0.1
1000X
lOOOX
BACTERIA:
Bacillus sp.
Staphylococcus sp.
32
12
FUNGI:
Aspergillus versicolor
Penicillium sp.
Aspergillus niger
Yeast sp.
20
2
3
~)
Texas DHS# Lab0133
AIHA, FIELD GUIDE,
ACGIH, BIOAEROSOLS,
AlHA, EMLAP #10274-:
lac. ,-
~~-
199::
SlaC0d results apply t.o above sampie one'
Reoorc Date/Time 09/04/07 16:26:Cc
;'li( ~_' ;. ;!.-t t' t - l,!'qflfr':"-HH";I; 1-; r 1'.
i :., :;; ,'~ r- I , ;' :
; . 11~.I, " :;! l' I;
R E ;)J Fe ":'
Job Number: 0708~l057
Accession No.; 544727
Date Collected: 08/23/
Date Received: 08/24/07
Date Analyzed: 08/2~!
PROJECT: 07-0823D
BULK J
RESULT UNITS
PERCENT
440000
300000
CFU/g
CFU/g
72 . 7 So
2'1.2"
G~6~t
6.65c
.~o , CF:;
6.6:::
----~
J f"..
"I'
, ~ r i
021
[' ) l J [' (: C)" It h I () [,
ll'iI:J ;~tl'r'i! ;:r!'!ir'r,'irrl:lui;d l.;,!,J. It!"
;:j~)~l ~;:,;;) I J T!
LAB 0 RAT 0 R Y
ROGINA, INC.
P.O. Box 5888
Lakeland, FL 33807
WIPE-BAC/FUNG CT&ID
WIPE SAMPLE
TOTAL COUNT: BACTERIA
TOTAL COUNT: FUNGI
Dilution Factor: BACTI:
FUNG I :
ND = None Detected
FUNGI:
Cladosporium sp.
Acremonium sp.
Aureobasidium sp.
Texas DHS# Lab0133
A1HAt FIELD GUIDE, 1996
ACGIH, BIOAEROSOLSt 199~
AIHAt ErvlLAP HI02747
COUNTS
1000X
100X
ND
46
35
7
4
T. ]. PC1SS0n Jr., PhD., LiJborcltory Direcl.or
IN'J'!IJ'I ~'~~ir~.J~lr.t~~I;J'tt ~'~j!'f)
l:ti'J@'!HJI ~".\I'i:'d;I['i "<)q,
R E P 0 R T
Job Number: 070841057
Accession No.: 544728
Date Collected: 08/23/07
Date Received: 08/24/07
Date Analyzed: 08/24/07
PROJECT: 07-0823D
SWAB 1
RESULT UNITS
PERCENT
o CFU/wipe
4600 CFU/wipe
76.0%
15.2%
8.7%
eaten resul ts apply to above sample Of11\',
enort Date/Time 09/04/07 16:26:0E -
;hrl'-;:~ ~-;d;-rj,. ';'1!~~~'t:\~jn~;f\ ~~r~: 1~~.
" !;" .: \ {, ..-.,.
,--- -- -.. .---
--.-'
"_"'=-~ . ,,-,' -1~':'-'-J:'..pJ.'_"1.-:;J~
.,;' :~l.if ,I'~ 'il :v~I"'I\I/,,==;
rJ;~:!ldq~.~~~~-:'.~~fi l'T! \:.f~.~ ~ _!~'
022
/
I
\
r I
I I
:!d:~ ~ ;111'" ,;I' trlltl'tI:"!lt~lj l ';;~~i. [rH
~)~Il~ .:~~;
LAB 0 RAT 0 R v
ROGINA, INC.
P.O. Box 5888
~akeland, FL 33807
WIPE-BAC!FUNG CT&ID
WIPE SAMPLE
TOTAL COUNT: BACTERIA
TOTAL COUNT: FUNGI
Dilution Factor: BACTI:
FUNGI:
ND = None Detected
BACTERIA:
Bacillus sp.
Pseudomonas sp.
Acinetobacter sp.
Klebsiella sp.
FUNGI:
Fusarium sp.
Acremonium sp.
Penicillium sp.
Texas DHS# Lab013~
AIH...Z\, FIELD GUIDE, ISiS,,:
ACGIH, BIOAEROSOLS, 199=
AlHA, EMLAP #l027~'-
COUNTS
195
13
10,000X
lOOX
100
30
40
25
11
1
SL:CiLeO resu:u's apply co above sampJ,e Ul1J'
Renorr Dale/Time 09/04/07 16:26:0~
"'i~rp :1' 1-..
I I :);-J '- ~ ():-i i ;) i ~i I
'.I ~] r I
_' ~ , ,r i . :.) I ~
I ,I ; j I ~ ( .._; ~ [! L ~. ~ !... :
R E P 0 R ':-
Job Number: 070841057
Accession No.: 544729
Date Collected: 08/23/0~
Date Received: 08/24/0
Date Analyzed: 08/24/07
PROJECT: 07-08230
S~'1'AB :2
RESULT UNITS
PERCENT
1950000
1300
CPU/wipe
CFUjwipe
5,1~2%
l5~3?o
~o ~ ::.\ %
:-2 6%
4.6%
"; c ~~;
"} () %
I~..".,--;.
'1 i,
023
r I' [ r
[~ ) I,f [(; CiTl-\ . () Ihl
T. J, IJo:o2;OI1 Jr., PhO., l iiDor(}\:Qrv Direclui'
l~'l.~l:'l ~ ;;lr-i:tl ~';tln(CjrirH:j"i!d L~I~_L .!hL I r~t:~c~ ~HJt.~) 't -,. ~I
1-"1.".,'<' ~~~rr~;!l;iil~}U (..~);r/ ! lflf~.I(D:~JlJ!::-!~lr~id~!~r ~l}(:'l
LAB 0 RAT 0 R Y
R E P 0 R T
ROGINA, INC.
P.O. Box 5888
Lakeland, FL 33807
Job Number: 070841057
Accession No.: 544730
Date Collected: 08/23/07
Date Received: 08/24/07
Date JL~alyzed: 08/24/07
PROJECT: 07-0823D
SWAB 3
COUNTS
RESULT UNITS
PERCENT
WIPE-BAC/FUNG CT&ID
WIPE SAMPLE
TOTAL COUNT: BACTERIA
TOTAL COUNT: FUNGI
250
2
2500000 CFU/wipe
200 CFUjwipe
Dilution Factor: BACTI:
FUNGI:
ND = None Detected
10,OOOX
lOOX
BACTERIA:
Bacillus sp.
Pseudomonas sp.
Acinetobacter sp.
Klebsiella sp.
F'UNG I :
Fusarium sp.
Cladosporium sp.
100 40.0%
50 20. O~o
50 20.0%
50 20.0%
1 50.0%
1 50.0"6
Texas DHS# Lab0133
AIHA, FIELD GUIDE, 199f
ACGIH, BIOAEROSOLS, 1995
AlHA, Er"lLAP #102747
Seated results apply to above sample on~\
~eDort Date/Time 09/04/07 16:26:0S
-- .--- ""_:
- ~-'._-'-
'..,.~"-J._0 4~,-- '-!:-..' J -~ _
; .t_.r".I~~IC!\L irlP~I\.~J~C:.~:A-,
:-~'~il;, ,:";!lTf. ~. ~~"nt.~qr[,i:'>fli:~JI l ~}E' ~r!'
'-" I'f"'"
:'1~~~Ir\;'~lI;t'::ir li.~.i fj~~ :r'
024
f'
i
1-
;-I-r "I-
.: I I
i f' (~
:'llf:'; ;11:: ~_,i\:lnl'll:I~Jf\\~d l-;)r,l, j~ir.
~~~'~" ~: U;.,
LAB 0 RAT 0 R Y
ROGINA, INC.
P.O. Box 5888
Lakeland, FL 33807
WIPE-BAC/FUNG CT&In
WIPE SAMPLE
TOTAL COUNT: BACTERIA
TOTAL COUNT: FUNGI
Dilution Factor: BACTI:
FUNGI:
ND ~ None Detected
BACTERIA:
Bacillus sp.
Pseudomonas sp.
Acinetobacter sp.
Klebsiella sp.
FUNGI:
Fusarium sp.
Yeast sp.
Texas DHS# Lab0133
AlHA, FIELD GUIDE, 1996
ACGIH, BIOAEROSOLS, 199~
AIHA, EMLAP #102747
COUNTS
150
10
10,000X
100X
75
40
30
5
Scated results apply to above sample OD~
Report Date/Time 09/04/07 16:26:0E
~Ij Ii;'': ~- ~\nf: ~'- q~t\V'r,IHtfJ5-Ht~-!P ~ ;\ti f\l~
-f \ ;,';:: I-p: tC,' ~.':.,-
r ], filSSOI" ]r_, i'il[" ' 2 ix,rinOr)! r~)i "
: Ill, ~1;1 r i : I i~l f; !
1[;ru'D ~~~\'-~-;l' \,l;\~\;
REPOR'r
Job Number: 070841057
Accession No.: 544731
Date Collected: 08/23/07
Date Received: 08/24/07
Date Analyzed: 08/24/07
PROJECT: 07-0823D
SWAB 4
RESULT UNITS
PERCENT
1500000 CFU/wipe
1000 CFUjwipe
50.0%
26.6%
20.0%
3,V:
'1
6
40.0"0
60.0;;'
':C/-,i i,."
., (. -, ~ ,
~ ! :..) [ ~ ' '.:'.;' i i ~','
025
[':i [J ['(: (; Ith r Ci h
T. J. Passon Jr., PhO" Laboraloc)' Director
f lUf'~i r- ~iri'll ::'r!\/lrrjnfq~!rli. ~111. ~,~\ ! n~., I ~iflb !~;'s 'J! j':.'
'i'h't"'1 t.Il/f'''';HLhi..,,) ~Difl ! irlfC1(!)lptlr;!;lri:ill=AL"'Hfl
LAB 0 RAT 0 R Y
R E P 0 R T
ROGINA, INC.
P.O. Box 5888
Lakeland, FL 33807
Job Number: 070841057
Accession No.: 544732
Date Collected: 08/23/07
Date Received: 08/24/07
Date Analyzed: 08/24/07
PROJECT: 07-0823D
SWAB 5
COUNTS
RESULT UNITS
PERCENT
WIPE-BAC/FUNG CT&ID
WIPE SAMPLE
TOTAL COUNT: BACTERIA
TOTAL COUNT: FUNGI
290
7
2900000 CFU/wipe
700 CFU/wipe
Dilution Factor: BACTI:
FUNGI:
ND = None Detected
10,OOOX
lOOX
BACTERIA:
Bacillus sp.
Pseudomonas sp.
Acinetobacter sp.
Klebsiella sp.
FUNGI:
Penicillium sp.
Cladosporium sp.
Non-sporulating fungi
120 41.3%
100 34.4%
50 17.2%
20 6.9%
5 71.4%
1 14.2%
1 14.2%
Texas DHS# Lab0133
AIHA, FIELD GUIDE, 1996
ACGIH, BIOAEROSOLS, 1995
ArHA, EMLAP #102747
:;tated results apply to above sample on.l'\'.
(eport Date/Time 09/04/07 16:26:0E
L,,;h,
,
_ , " ~_ I,., ,
III \~ 0'1, '.'~,' "\,I't. '.',i\\~ 1\\1\\\ \\\\i\~WAV\",\~ \~'{~,
t'~.t~~' 'oL~!~~,~,.jJ'~Jf~Jt.":~ .,' j .~' -~.--
~r~.!\~\ \'\i)(~-~' ~-~\\\l 0\'\'1-~'
~l~~'n::,,;.~~\'.:'~n . 5 It:'::. ! \~
026
-_.~_.,
---
.: I
, ,,(~
: I.~
r! t'
I Ii,
I ,
1. j i>assor: j . I f.JhL ';
I~!\.) ~'f-lli~1 i \1 !) I r;~'c:.
;;t {';.! ~.;Jri;\ ~"~'flfrH~t:!=~nt~il L;i~.1. .lrlC
~ ~; , ;.} ~ ~ ;) t ' 1 i
~}[.i: ~i-;!{.i fl!~~~', iqff\
!I~t! ~i'J :-:: r:\ ' , ~r;
LAB 0 RAT 0 R Y
R E P 0 R T
ROGINA, INC.
P.O. Box 5888
Lakeland, FL 33807
Job Number: 070841057
Accession No.: 544733
Date Collected: 08/23/07
Date Received: 08/24/07
Date Analyzed: 08/24/07
PROJECT: 07-0823D
SWAB 6
COUNTS
RESULT UNITS
PERCENT
WIPE-BAC/FUNG CT&ID
WIPE SAMPLE
TOTAL COUNT: BACTERIA
TOTAL COUNT: FUNGI
183
55
1830000
5500
CFU/wipe
CFU/wipe
Dilution Factor: BACTI:
FUNGI:
ND = None Detected
10,OOOX
lOOX
BACTERIA:
Bacillus sp.
Pseudomonas sp.
Acinetobacter sp.
Klebsiella sp.
FUNGI:
Fusarium sp.
Yeast sp.
80 43.7%
50 27.3%
50 27.3%
3 1. 6%
30 54.5%
25 45.4%
Texas DHS# Lab0133
AIHA, FIELD GUIDE, 1996
ACGIH, BIOAEROSOLS, 1995
AIHA, EMLAP #102747
'i'l.ted reEw1cs a~ply ::CJ a'0G-Je sample on}',
I' ' I),] j i / '1'1 iliP () Q / () It / (17 1 h : 2 (j : (I E
;":'1" 1 .
t \ ~ <,~', ' \' ,
,),,'. ':.; ;.Nt':, ~,q' 1,,/,!,\n\~1<\\,;\\ \
02i\
OS/24/b' -
~ hi ROSINA. INC. ~
P~!~h9.IL"./S=le57 m11f1
7184 NorU1 Pert OM. Pennsaukan. NJT:644727 END:S44727 TOT: 1
16561488-1177 F. (856\ 4B6OXl5
TOIl Free: (8SS)4B&1177
Emd: inIu@~.ccm
08/24/07
ROGlNA, INC.
0'70841857
EWPBF
5T:544728 ENO:S44733 TOT; 6
Iject '01-0d'Z3d J
P.O. #: .r--
PLEASE PRINT ALL cusrooy AND SAMPLE INFORMATION CLEARLY. PRESS FIRMLY.
"1. Client's Name / Address / Phone No. I Contact Person 2. Sampling Site Address and/or Project Indlcat:e Analysis
gv44/ ~c.,. e.-1313 uI.iad- Requ8sAd
/630 /II: tt/:. .3-
3. SempIet1 By 14. # of Sam~ in Shipment 5. Date of Sample Shipment U
~ ~S 2 3' Au6, 7oo?- I~
Lab Use Sample No. Stalion Location / Sample 10 Matrix Row Min. Samp&ng ~
Only (W) Wstsr IS) Soil Rate Date/Time ~
IAI Air ISl) Sludge ~
(0) Other ~
! .! ~ W 8 A 8L 0 ! J, ! ~
1 ttS~P/AlG ~~ :13~~ 644727
1k t.I< -IJ J J6r-.'~'~K 1?,.~ )( AJ,A, IIA "7 At) ?' ROGlNA . INC.
EBUUt
~ '5~TIIl2A1M 5##1tIe;t! ~ ( 544728
I~ -/Ii 1'/ ROGINA. INC.
&:6/~/d~ EWPBF
.
I .I., V'/4/~ ~.Il'? J 1 644729
k .'-Ai.2. ~.-- ~.. -=~tJl/b~D) y. l HOGI.. INC.
EJII8F
, .
#/rc:/Ji;'A/ ~ 644730
I<~ '''A.JJ, ~/AI/N~ &~.., tb8d1l T 14 I ROGlNA. INC.
~ EIF8F
'-. ~ I
I ~~. ,LJI):Jl4 /" ,-rc.lHrU -- t!eWn:~ ) SU731 I
'f ROG1HR. IHe.
~//.., &:~UT ~~~ BlPBJ: . I
]p "
fr. ... "'#r ltH-ti 'biDe> R.wA-Y ( 644732
'f ROGINA. INC.
toUVB"t?. EIFIF
""'" - '.. .
~. 1~.1f', ;<'1 rt;.!Jt IJ (J1JP8E!. 644733
Y. ROG1NA. INC.
f;j:.ODIL UA-"'" CI ~., ,if EIlP8F
.
~ I~. J Oate~ 1ime 1 Oefwery :~ Re(fl l(1 jj Com~ 0 ) I~.L Ti fDl ~nct..iti2!:l
Ii : 3 0 l11A1- ~ T;)f ~) 1(' lY.'\1 I(JLV
I ).:Z 1'1..." ~ bl, .... . IN~
nents I . 7 Reporting Information Billing Inf
, A I
e.. FPrX f ef'l4,l fA;u:-:;, I? NJ, '''1 . 'tJ"7 <=-
'. seAkf1.( &> M So n, Golf? P, d .. ti,blt: ~ g g ~-li..J~ ~
',"';- t/ZS"-ltB3 J 4U;;r ,-.AlJ h ~ l.. ~ ~ svu... ..
i
028
City ojBoynton Bleach
Page 6
Appendix B
Photographic Documentation
023
f
., ~r~'
......
f.~~f?i~
DSC004 window in living
'oom from exterior view of...
"'-'-"1
J ~
DSC00349 Supply air
defuser in ceiling
~ ',.
i
DSC00354 bedroom closet
DSC00359 attic
OSC00364 attic Note
ixposed lathe and mortar...
DSCOO369 cabinet under
kitchen sink
)SC00374 animal urine on
Jiving room floor
DSC00345 front of home
--J
tfi:'-'i
. 1..'- '~-'i.
DSC00350 ceiling supply air
defuser
DSC00355 bedroom closet
ceiling. Note water stains...
DSC00360 attic
DSC00365 attic Note
exposed lathe and mortar...
DSC00370 kitchen note sink
cabinet to left.
--J __"
j -,'-
j !
1
DSC00375 urine on f100er
~'
I !
DSC00346 kitchen floor near
dining room
I',~--,-~-".."'.
. .'
f......'"' . ,
. 1-. -;1: ~'1i ~ ;~- -..' i'
~) 'f,i! l' ::'...~: ;t: \1.' C.
:r :: ~~.:. ':. . ~ ' ~
. .'.;>.' .
"k; I ~.:...t:: _.....~.. _ - ,
DSC00351 HVAC double
layered filter
~*a \ /1
~" ,~
. 't"..""'_ ~.-
DSC00356 bedroom closet
top door track
DSCOO361 attic
DSC00366 inside cabinet
beneath kitchen sink
DSC00371 kitchen stove
and sink area
DSC00347 kitchen floor at
front of sink. Note floor mat.
.~
DSC00352 Oouble layered
HVAC filter
DSC00357 bedroom with
draped (closed) off windows
DSC00362 attic
OSCOO367 cabinet under
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DSC00372 kitchen stove
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:00389 freezer located at
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C00393 children's room
SC00399 addon room
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038
Department of Development
Community Improvement Division
File Memorandum
DATE:
October 18, 2007
TO:
Case File
Encarnacion and Maria Figueroa
1630 N.W. 3rd Lane
FROM:
Christopher L. Mitchell
A meeting for Gary Von Husen to review the engineers' reports on the Figueroa home
was held on October 15, 2007.
Present were
Mr. Figueroa
Mrs. Figueroa
Gary Von Husen
Christopher Mitchell
Sonny Garcia
On October 15, 2007, I (Christopher Mitchell) arrived at the Figueroa's home around
9:15 a.m. Gary Von Husen was already there in the front yard and Mr. Figueroa was in
the carport. We entered the house through the carport door and proceeded inside. Mrs.
Figueroa was seated at the dining room table. Gary went over to the kitchen sink anu
looked at the window and cabinets below. Gary glanced at his papers in hand and went
into the dining room. Sonny Garcia entered through the carport door as Gary started to
look at the dining room ceiling area. Gary dismissed this at the other contractor's area.
told Mr. Figueroa that Dan Morgan, the other contractor would have to make
arrangements to look at the area later. Sonny Garcia began a discussion about Dan the
inspector (?) Overall he felt Dan did not do his job and he is not welcome. Next, Gary
observed the southwest bedroom closet wall and ceiling. Mr. Figueroa mentioned
another spot on a different ceiling, which I agreed to look at after Gary looked at the
other items. Gary proceeded to the living room. The living room west wall, \vindows.
front door and door jamb were looked at from the inside. (It is not known if Gary looked
at the outside ofthis living room area or the exterior kitchen area prior to my ani val. The
front door and windows are at the living room). The common bathroom ceiling and
walls had been recently painted (to accommodate a party) according to Mr. Figueroa. A
slight discoloration under the paint in the upper northeast comer of the bathtub was
noted.
Exhibit "6"
fl3'l
Note: (new) Mr. Figueroa showed me an area of calcification (possible moisture) of the
ceiling in the southeast quadrant of the southeast bedroom. Also upon exiting the house
Mr. Figueroa expressed concern about the ceiling of the carport (also doubles as the roof
decking) peeling paint was observed in a few locations. The cause for poor paint
adhesion is unconfirmed.
The south side gable end and fascia of the house was looked at from the ground level
outside.
In response to when work would begin I told Mr. Figueroa that Gary Von Husen will
respond after review of the original rehabilitation specifications and the engineers'
reports.
040
Ci~y
City Service Profile Data
j
i
I C!-() Title
I
Boca Baton:~'i:jj(
Boynt~rf Beach'" ,.'
Coconut Creek
Coral Springs
Davie
Deerfield Beach
Delray Beac_h
Ft. Lauderdale
Greenacres
Hallandale Beach
Hollywoocj
Jupiter. .
Lake Park
Lake Worth
Lauderhill
~-
Population
2008
1
t
Services Directly Supervised By Ma!1.a~r/Admin~!l"ator *
Utilites Utilites
Water Sewer
, Prod/Dei!ver .,.,,<;:?I.I~stion
:.i:iV::.;t;;;t;.:;J,~~.f~f:t9!~'y""
Yes Yes
No No
Yes ~ ~ Yes
Yes J Yes
Yes Yes
---- -~.,.--
Yes District
-- --- -
County Y~s
Yes Yes
. .
Yes Yes
Yes District
District District
--- - -
Yes Yes
Yes Yes
Yes Yes
Yes Yes
u___ __
No Yes
District District
- ..---------- ----.- ---
Yes Contract
_.-- --
District District
-- - --- --- ---
Yes Yes
--"-- ~
Yes Yes
District District
u_ __ __ ___
Yes Yes
- - --- -~_.-
Yes Yes
Yes District
Yes Yes
,?:.;;\i:Yes";
Police
Fire
Parks/Rec
:,Ci~~~!:lag~[:i '.
.: CitY'Mailag~r':'
ICity Manager
J City ManaQer
ITown Administrator
i . -'. .. ,
,City Manager
I ,.-. ..
: City Manager
JO!y Ma!1Clger
i City Manager
.l Ci!Y MariagE:!r-'
i City Manager
IToV'injv1anager
iT_q,wn Ma~ger
I, City Manager
1<::ity Manager
1--- -..
Mir..amar ~ Cit>' rv1ana~r_
~~I~h B~~:I1e.rdale"'1~~~nM~:~~~r .
Palm Beach Gardens!City Manag'er .
::~~~S:;i~9~",.'. -~t~:~I;.-9J.:g:~:
Pompclno Bea~h ICity~ana~r_
Riviera Beach -t City Manager
Royal Pall11J3~ach _. i City rvia!1Clger
Sunrise lOty Manager
TalTla,r.9c' fClty Manag~!' ,.
Tequesta .j'@age ."'!Cl..~ger ___
Wellington ,', ...... ..:VjU~ge~anag~r
West'Palm Beach' ';Cl{y,Ad'rTilnistrato{'
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* Data on services derived from examination of City/County web sites 2009
Three'Cities'ProVld~VAijitS~iYices~t8~~Qea;ij~toh;'Boyrii:ornB~a,(:h1,aha1W~$realm .BeaCh; I
Lake Worth also operates an electric utility but recently contracted with Palm Beach County for Police and Fire Services.
Po ulation Data-fromUnlversi of Florida BEBR Reort2008n- ..--..-~ r- . i' i'- ~"r
'c, ~!;!293.
"66.671
48t!93
12!3,930
92,207
73,2.,27
6~22..0
113.0,400
32t54?
38,?~2n
.14~ 17?-.
49, 78~
9.!l!2
~6,7?5
64,635
112L6~6
4~[?_87
9[ 797
50,282
1~,500
_2.,3,l33?
100,058
.~[!?O
~~.56.7
t---- 90,O?1
I 59,8~?
f _?,898
-' ,. , 55,076
;>"'.103:663 ·
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Yes
Yes
County
Yes -. T
Yes
Yes
Yes
Yes
Yes
Yes
Yes
County
County,
County
Yes
Yes
Yes
Yes
Yes
Yes
C~l1ty
Yes -- t-
Yes
_Co..l:l.nt>'
Yes
Yes
Yes
c:.ount)'
,:,'~'Yes"":
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
'Yes
Y~s,
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
!
Sanitation 1...
Services Library
Collection i
Yeli':;;Yes' '
Yes "<:;'+'Yes'
Contract County
Contract County
Contract County
Contract.. c:()unty
Contract Non-Profit
Yes Coull!y ._
Contract County
Contract County .
Yes County
Contract County
Yes Yes
Yes Yes
Contract County
Contract County
Contract County
Contract, Yes
u<;ontractj County
ContrClc::t_ i Yes
C~.!rac~ I Yes
Yes ~ Colln..tYn
Contract' : n Yes
Con!..-act 1.. ~Ourlty
Yes__ ,1 _ Coun!y
Contr~ct ,. J . c:~unty
Contract i ,County
Contral:;t. I., ~ounty
.Yes:'i!,'~;7.',J:',1ir;,'iiYes}:'" '