Agenda 08-04-09
100 E. Boynton Beach Boulevard. (561) 742-6000
The City of
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City Commission
AGENDA
AUGUST 4, 2009
Jerry Taylor
Mayor - At Large
Ron Weiland
Commissioner - District I
Woodrow Hay
Vice Mayor - District II
Jose Rodriguez
Commissioner- District III
Marlene Ross
Commissioner - District IV
Kurt Bressner
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
www.boynton-beach.org
We're Reinventing City Living for
the Millennium
City of Boynton Beach
REGULAR CITY COMMISSION MEETING
AGENDA
August 4, 2009
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Ron Weiland
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMUNITY 8r. SPECIAL EVENTS 8r. PRESENTATIONS
A. Announcements:
None
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
None
2. Presentations
a. Presentation by Michael Grosh, Manager of the Boynton Beach
Simon Mall
1
Meeting Agenda
Regular City Commission
Boynton Beach, FL
August 4, 2009
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission)
v. ADMINISTRATIVE:
A. Accept the resignation of William Poznak as an alternate member of the Planning
and Development Board.
B. Appointments
Appointment Length of Term
To Be Made Board Expiration Date
IV Ross Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09
III Rodriguez Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09 (Tabled 3)
IV Ross Cemetery Board Alt 1 yr term to 12/09 (Tabled 2)
III Rodriguez Cemetery Board Reg 3 yr term to 12/09 (Tabled 3)
Weiland Code Compliance Board Alt 1 yr term to 12/09 (Tabled 2)
II Hay Community Relations Bd. Reg 3 yr term to 12/1O(Tabled 2)
Mayor Taylor Education & Youth Advisory Board Aft 1 yr term to 12/09
I Weiland Education & Youth Advisory Board Alt 1 yr term to 12/09
II Hay Education & Youth Advisory Board Stu N/V 1 yr term to 12/09
III Rodriguez Education & Youth Advisory Board Stu 1 yr term to 12/09
Mayor Taylor Library Board Alt 1 yr term to 12/09 (Tabled 3)
I Weiland Library Board Alt 1 yr term to 12/09
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with all of
the accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes
1. Regular City Commission - July 21, 2009
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2008-2009 Adopted Budget.
2
Meeting Agenda
Regular City Commission
Boynton Beach, FL
August 4, 2009
1. Approve multi-award of the "ANNUAL BID FOR PIPE FITTINGS AND
ACCESSORIES" BID #053-1412-09/MFD, to various vendors on an "AS
NEEDED BASIS" for an estimated expenditure of $230,000.
2. Award a contract for RFP #056-161O-09/0D, "GROUP BENEFITS:
MEDICAL CLAIMS ADMINISTRATIVE (TPA) SERVICES AND/OR FULLY
INSURED PLANS, FULLY INSURED DENTAL AND VISION" to Florida
Combined Life Insurance Company, Inc. (Blue Cross and Blue Shield of
Florida, Inc.) for Medical Coverage and Humana "CompBenefits" for
Vision and Dental Coverage. (Proposed Resolution No. R09-I07
Dental) (Proposed Resolution No. R09-I0B Vision) (Proposed
Resolution No R09-I09 Medical)
C. Resolutions
1. Proposed Resolution No. R09-ll0 RE: Amending the
City of Boynton Beach's State Housing Initiatives Partnership (SHIP)
Program Local Housing Assistance Plan (LHAP) to include the addition of
the City of Boynton Beach Homebuyer Opportunity Program (FHOP)
strategy.
2. Proposed Resolution No. R09-lll Re: Adopting the
City of Boynton Beach's One-Year Community Development Block Grant
(CDBG) Action Plan for FY 2009/2010 and the contracts for sub-grantees
to reflect the proposed expenditures as outlined.
3. Proposed Resolution No. R09-ll2 Re: Approving and
authorizing execution of an Assignment and Assumption Agreement
between Metcalf & Eddy, Inc. and AECOM USA, Inc. for Scopes A, C and
D, Water Plant Expansion and Capacity Replacement, Infrastructure
Improvements and Repairs and Ancillary Studies and Services
4. Proposed Resolution No. R09-ll3 Re: Approving and
authorizing execution of an Assignment and Assumption Agreement
between Boyle Engineering Corporation and AECOM USA, Inc. for Scope
D, Ancillary Studies and Services.
5. Proposed Resolution No. R09-ll4 Re: Approving and
authorizing execution of Fire Rescue Mutual Aid Agreements between
City of Boynton Beach and Boca Raton, Delray Beach and Palm Beach
County Fire Rescue Departments.
D. Accept the monthly report on the major projects being completed by the Recreation
and Parks Department.
3
Meeting Agenda
Regular City Commission
Boynton Beach, FL
August 4, 2009
E. Direct staff to cease preparation of bid documents to procure contractual garbage
(solid waste) collection services from private sector businesses. (Tabled on July
21., 2009)
VII. CODE COMPLIANCE 8r. LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
None
IX. CITY MANAGER'S REPORT:
None
X. FUTURE AGENDA ITEMS:
A. Consider the continuation or deferral of the "CONSTRUCTION OF CONGRESS
AVENUE BARRIER FREE PLAYGROUND", Bid #017-2730-09/JA 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 $2,117,500/501(c)(3)
Discussion (Proposed Resolution No. R09-073) (Tabled to Budget
Workshop)
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBUC HEARING
1. 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. (Tabled on June 2, 2009)
4
Meeting Agenda
Regular City Commission
Boynton Beach, FL
August 4, 2009
2. 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. (Tabled on June 2,2009)
NORTHSTAR PALM BEACH
3. Proposed Resolution No. R09-084 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)
4. Proposed Ordinance No. 09-004 Re: Approving a request
to annex the properties. (Northstar ANEX 09-001) (Tabled on June 2,2009)
5. Proposed Ordinance No. 09-006 Re: Amending the
Comprehensive Plan Future Land use Map classification from Institutional (Palm
Beach County) to Local Retail Commercial (LRC). (Northstar LUAR 09-002)
(Tabled on June 2, 2009)
6. Proposed Ordinance No. 09-008 Re: Approving the
rezoning from Palm Beach County Residential Multifamily (RM) to C-3, Community
Commercial. (Northstar LUAR 09-002) (Tabled on June 2,2009)
NEW URBAN HIGH RIDGE
7. Proposed Ordinance No. 09-009 Re: Amending the
Comprehensive Plan Future Land Use Map classification 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)
5
Meeting Agenda
Regular City Commission
Boynton Beach, FL
August 4, 2009
SAM'S CLUB
9. Proposed Resolution No. R09-0S5 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 ("Sam's Club") property
into the City boundary. (Tabled on June 2, 2009)
10. Proposed Ordinance No. 09-003 Re: Approving a request
to annex the properties. (Sam's Club ANEX 09-001) (Tabled on June 2, 2009)
11. Proposed Ordinance No. 09-005 Re: Amending the
Comprehensive Plan Future Land use Map classification from Commercial High
(CHIS) (Palm Beach County) to Local Retail Commercial (LRC). (Sam's Club LUAR
09-002) (Tabled on June 2, 2009)
12. Proposed Ordinance No. 09-007 Re: Approving the
rezoning from Palm Beach County Commercial General (CG) to Planned Commercial
Development (PCD). (Sam's Club LUAR 09-002),(Tabled on June 2, 2009)
13. Proposed Ordinance No. 09-035 Re: Authorizing
abandonment of an existing alley located east of North Seacrest
Boulevard between Northeast 11th Avenue and Northeast 12th Avenue.
(ABAN 09-002 NE 11th /NE 1:P Avenue Alley)
14. Proposed Ordinance No. 09-036 Re: Authorizing
abandonment of an unimproved alley approximately 20 feet wide by 206
feet long, totaling 4,135.4 square feet and running north and south
adjacent to and parallel with the Florida East Coast Railroad. (ABAN 09-
003 J.R. Watersports)
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 09-032 Re: Amending
Land Development Regulations, Chapter 1, Article VIII, "Development
Reviews", by adding a new subsection 4, "Review of Zoning Permits and
for zoning verification" to enable the review for issuance of zoning
permits and zoning verifications. (CDRV 09-005)
Proposed Ordinance No. 09-033 Re: Amending
Land Development Regulations, Chapter 2, Section 4J "Other structures",
to establish a minimum setback for driveways and other similar
impervious surfaces. (CDRV 09-005)
6
Meeting Agenda
Regular City Commission
Boynton Beach, FL
August 4, 2009
2. Proposed Ordinance No. 09-034 Re: Amending
Land Development Regulations, Chapter 2, Section 11, "Supplemental
Regulations", sub-section C, "Non-Residential Uses in Single-family
Zoning District" by adding sub-section 4 to allow improvements and
expansions of pre-existing places of worship, require improvements to
existing facilities and properties and establish maximum limits on facility
expansions.(CDRV 09-006)
3. Proposed Ordinance No. 09-037 Re: Amending
Ordinance 09-019 and the water and sanitary sewer rates established
therein; providing for a seven percent across the board rate reduction to
all rate categories.
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 09-038 Re: Abandoning
the legal description and sketch for the south edge of Las Ventanas
development to allow the Board of County Commissioners of Palm Beach
County, FL, and the developer of Las Ventanas to expand Woolbright
Road for roadway purposes only.
2. Proposed Ordinance No. 09-039 Re: Amending
Section 2-28, "Appointment; Removal" of Chapter 2, "Administration",
Article II, "City Manager" to eliminate the requirement of a four-fifths
vote for removal of the City Manager.
D. Resolutions:
None
E. Other:
None
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY 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 DISABIUlY 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 TWENlY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR
REQUEST. AGENDA 07/28/09 5:45 P.M. S:\CC\WP\CCAGENDA\AGENDAS\year 2009\080409.doc
7
III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.2.a
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\~
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
0 July 7, 2009 June 15,2009 June 10, 2009 June 8, 2009
0 July 21, 2009 July 6, 2009 July 1, 2009 June 29, 2009
~ August 4, 2009 July 20, 2009 July 15,2009 July 13, 2009
0 August 18, 2009 August 3, 2009 July 29, 2009 July 27, 2009
~ AnnouncementslPresentations 0 City Manager's Reoort
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Comoliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Presentation by Michael Grosh, Manager of the Boynton Beach Simon Mall
EXPLANATION: Michael Grosh requested to be placed on the agenda to address the Commission regarding issues
concerning the Boynton Beach Simon Mall.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/ A
ALTERNATIVES: Not to allow the presentation
Department Head's Signature
~~~
Assistant to City Manager ~
City Attorney / Finance
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
WILLIAM POZNA}(, P.E. & L.S.
ENGINEER AND LAND SURVEYOR - NEW JERSEY AND FLORIDA
V.ADMINISTRATIVE
ITEM A.
257 MONMOUTH ROAD
P.O. BOX 243
OAKHURST, NJ 07755
TEL. NO. 732-531-2660
FAX NO. 732-531-1498 0
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b.
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1 WOODS LANE
BOYNTON BEACH, FL 33436
TEL. NO. 561-732-0156
~L FAX NO. 561-734-9124
U&'" E-MAIL: WPOZNAK@OPONLINE.NET
.. I
-~!
July 8, 2009
Ms. Shirley Jaskiewicz, Chair
& Members of the Planning & Development Board
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Dear Ms. Jaskiewicz and Members of the Board:
Due to personal and business commitments, I must regretfully resign from the Board. It has been
a great pleasure being a member. Unfortunately, I must resign.
If there are any questions, please call.
Very truly yours,
$?;<
WILLIAM POZNAK, P.E. & L.S.
WP/dm
V.ADMINISTRATIVE
ITEM B.
APPLICANT ELIGIBLE FOR APPOINTMENT 08/04/09
Last Name First 1 st Choice 2na Choice 3rd Choice
Name
Anton Steve Arts Com
Farrington John Veterans
Commission
Jones Myra Education &
Youth Adv. Bd.
*Scantlan Don Veterans
Commission
* Donald Scantlan is requesting to be moved up from an alternate to a regular member when a vacancy arises.
COMMUNITY RELATIONS BOARD ALTERNATES:
McCOY, Lloyd
lONENSTEIN, Floyd
Appointed 12/16/09
Appointed 12/16/09
NOTE:
Cemetery Board has only one alternate position that is also open.
0/18/2009 11:03 AM
S:\CC\WP\BOARDS\APPMENTS\Board Year 2009\Applicants Eligible for Appointment 07-07-09.doc
1
. (.U.f( .
, \u:'\\
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VI.-CONSENT AGENDA
ITEM B.l.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
0 July 7, 2009 June 15, 2009 June 10, 2009 June 8, 2009
0 Julv 21, 2009 July 6,2009 July L 2009 June 29, 2009
~ August 4, 2009 July 20, 2009 July 15, 2009 July 13,2009
0 August 18, 2009 August 3,2009 July 29, 2009 Julv 27, 2009
0 Announcements/Presentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Untinished Business
0 Public Hearing 0
RECOMMENDATION: A motion to approve the multi-award of the "ANNUAL BID FOR PIPE FITTINGS AND
ACCESSORIES" Bid# 053-1412-09/MFD, to various vendors on an "AS NEEDED BASIS" for an estimated expenditure
of $230.000.00.
CONTRACT PERIOD: AUGUST 5, 2009 to AUGUST 4,2010
EXPLANATION: On June 16,2009, five (5) proposals were received and computer tabulated. The following factors were
used to determine the award: Price, Brand, and Warehouse Processing Time. The lowest, most responsive, responsible
bidders meeting all specifications were awarded by group. Mike Dauta, Warehouse Manager, concurs with this
recommendation, (see attached memo).
PROGRAM IMP ACT: The purpose of this bid is to establish firm prices for a one-year period for the purchase of Pipe
Fittings and other Accessories. These items will be ordered on as "AS NEEDED BASIS" and stored in the City Warehouse
for the user department, for the repair, replacement and new construction of utility systems. Bidder(s) are required to have a
warehouse facility in Dade, Broward, Palm Beach, Martin, and/or St. Lucie County.
The provisions of this bid will allow for a one (l) year extension at the same term, conditions and prices subject to vendor
acceptance, satisfactory performance and determination that the renewal is in the best interest of the City.
WAREHOUSE INVENTORY: ANNUAL EXPENDITURE:
502-00-141-00-0 $230,000.00
ALTERNATIVES: Warehouse not stocking inventory and each department would order on an "As Needed
Basis" therefore, slowing the process down.
FISCAL IMP ACT:
FISCAL YEAR,200J12008 Expenditure was
/",/,.
/
/-.-.. .
,/
Department Head's Signature
~
City Manager's Signature
~ ljJ.,J i
Procurement Services
S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM,DOC
The City of
Boynton Beach
Finance Department
WAREHOUSE DIVISION
1F': ~
-' ,
'---v
TO:
Carol Doppler, Purchasing Agent
FROM:
Michael Dauta, Warehouse Manager
DA TE:
July 1, 2009
SUBJECT: Pipe Bid # 053-1412-09/MFD
I reviewed the tabulation sheet sent from your office. The evaluating factors
used were A) Price, B) Brand, C) Warehouse Processing Time. My
recommendation is a multi award to low vendors by item.
Last year's expenditures were $220,000. This year's expenditures will be
$230,000.
Note: Item numbers 113 and 114 were not on the proposal sheets. Meaning
it went from 112 to 115. No items were missing; the numbers were incorrect.
Fer!!uson Enterprises
heme s )
18,79,80,81,82,83,86,91,99,125,137,142,143,144, 145, 146, 155, 156, 163, 182,
189,205,207,208,214,220,226,236,240,241 ,242,289,290,291,292,293,303,
310,311,
HD Supplv Waterworks
Heme s )
4,5,6,7,12,13,33,34,36,38,71,93,94,95,96,97,98, *110, *111, *112,115,116,
117,118,119,120,121,122,123,124,126,130,132,133, 138, 139, 140, 141,153,
154,157,158,159,165,166,167,168,169,170,171,172,173,174,175,176,178,
179,180,186,187,190,193, 197, 199,206,213,215,221,223,224,225,227,228,
229,230,231,232,233,234,235,237,238,239,243 ,258,269,280,284,286,296,
297,298,300,301,309,316,317,318,319,320,334,343,349
*These are Kennedys, ordering depends upon department request for
brand; these are the lowest cost for this brand. These items will be
awarded to (2) vendors.
Lehman Pipe
Item(s)
181
Mainline Supplv
Hem( s )
1,2,3,19,20,21,22,23,24,25,26,27,28,29,30,31,32,35,3 7,39,40,41,42,43,44,45
46,47,48,49,50,51,52,53,54,56,57,58,59,60,61 ,62,63,64,65,66,67,68,69,70,
72,73,74,75,76,77,78,84,85,87,88,89,90, *110, *111, *112,127,128,129,131,
134,135,160,161,162,164,177,183,184,185,188,191, 192, 195,196, 198,200,
201,203,204,209,21 0,211 ,212,217,218,222,244,245,246,247,248,251,252,
253,254,255,256,259,261,262,263,264,266,267 ,268,27 6,281,282,294,295,
299,321,322,323,324,325,326,327 ,328,329,330,331,332,333,335,336,337,
338,339,340,341,342,344,345,346,347,348
*These are Mueller's, ordering depends upon department request for
brand; these are the lowest cost for this brand. These items will be
awarded to (2) vendors.
Sun Pipe and Valves
Heme s )
8,9,10,11,14,15,16,17,55,92,100,101,102,103,104,105, 1 06, 1 07,108,109,136,
147,148,149,150,151,152, 194,202,216,219,249,250,257,260,265,270,271,
272,273,274,275,277,278,279,283,285 ,287,288,302,304,305,306,307,308,
312,313,314,315
In addition, the following vendors are offering a discount for items not listed
on this bid.
Ferguson
HD Supply Waterworks
Lehman Pipe
35% off catalog price
cost plus 15%
10% off catalog price
cc: Barry Atwood, Director of Finance
~70'O\:)'C THE LOWE::iT", MUST RESPONSIVE, RESPONSIBLE BIDDERS WHO MET ALL SPECIFICATIONS ..... ~
CuJY~~ ~~ -
Carol Doppler, CPPB, Purchasing Agent ~ichael Dauta, Warehouse anager
ONE-YEAR BID FOR PIPE FITTINGS AND ACCESSORIES
"Offers from the vendors listed herein are the only offers
BID DUE DATE: JUNE 16,2009 received timely as of the above receiving date and time.
BID DUE TIME: 5:00 P.M. All other offers submitted in response to this solicitation,
BID # 053-1412-09/MFD if any. are hereby rejected as late"
VENDORS MAINLINE SUPPLY CO. SUN PIPE AND VALVES, LLC.
668 ENTERPRIZE 710 NW ENTERPRISE DR.
PORT ST. LUCIE, FL. 34986 PORT ST. LUCIE, FL. 34986
PHONE (772) 408-1960 PHONE (772) 408-5530
FAX (772) 408-1963 FAX (772) 408-5538
CONTACT: GREG PANASUK CONTACT: RAND CALENDER
BID PROPOSAL SUBMITTED YES YES
MINIMUM QUANITY PER ORDER NA NA
% OF DISCOUNT OFFERED OFF OF NOT SUBMITTED NOT SUBMITTED
LIST PRICE
# OF CALENDAR DAYS FOR DELIVERY 3 - 10 DAYS 21 DAYS
SPECIFICATION "CHECK OFF" SHEETS YES YES
SUBMITTED
ANTI-KICKBACK AFFIDAVIT SUBMITTED YES YES
CONFIRMATION OF MINORITY OWNED YES NOT SUBMITTED
BUSINESS SUBMITTED NOT MINORITY OWNED
CONFIRMATION OF A DRUG FREE YES YES
WORKPLACE SUBMITTED
COMMENTS NA NA
ONE-YEAR BID FOR PIPE FITTINGS AND ACCESSORIES
"Offers from the vendors listed herein are the only offers
BID DUE DATE: JUNE 16,2009 received timely as of the above receiving date and time.
BID DUE TIME: 5:00 P.M. All other offers submitted in response to this solicitation,
BID # 053-1412-09/MFD if any, are hereby rejected as late"
VENDORS FERGUSON ENTERPRISES INC HD SUPPLY WATERWORKS, L TD LEHMAN PIPE AND PLUMBING
1950 NW 18TH STREET 1101 W. 17TH STREET 230 NW 29TH STREET
POMPANO, FL. 33069 RIVIERA BEACH, FL. 33404 MIAMI, FL. 33127
PHONE (954) 973-8100 PHONE (561) 848-4396 PHONE 888-576-3054
FAX (954) 917-3134 FAX (561) 845-7267 FAX 877 -576-3066
CONTACT: JASON MUELLER CONTACT: SUSAN HELMS CONTACT: BILL HAHN
BID PROPOSAL SUBMITTED YES YES YES
MINIMUM QUANITY PER ORDER NA NA NA
% OF DISCOUNT OFFERED OFF OF 35% COST PLUS 15% 10%
LIST PRICE
# OF CALENDAR DAYS FOR DELIVERY 30 DAYS 2 - 21 DAYS 7 DAYS
SPECIFICATION "CHECK OFF" SHEETS YES YES YES
SUBMITTED
ANTI-KICKBACK AFFIDAVIT SUBMITTED YES YES YES
CONFIRMATION OF MINORITY OWNED YES YES YES
BUSINESS SUBMITTED NOT MINORITY OWNED NOT MINORITY OWNED NOT MINORITY OWNED
CONFIRMATION OF A DRUG FREE YES YES YES
WORKPLACE SUBMITTED
COMMENTS NA NA
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FmlNGS AND ACCESSORIES
endor Ferguson Enlerprl_ Inc HD Supply Waterwortcs, Ltd. Lehman Pipe and Plumbing Supply
1950 NW 18th Slreet 1101 W.I71h Slreet 230 NW 29th Slreet
Pompano Beach, FL. 33089 RIvlera Beach, FL. 33404 Miami, FL. 33127
Phone (954)973-8100 Phone (561)848-4396 Phone (WI 578-3054
FIX (954)917-3134 FIX (561)145-7217 FIX (177) 57&-3086
Contact: Jason Mueller Contact: Susan Helms Contact: BUI Hlhn
2000' 314" 658-082-00001 Blue Endol .17 1001 Charter .19 1001 Blue Endol Nollid
2 16000' I" 658-082.oooll2 Blue Endot .29 loot Charter ,30 loot Blue Endol No Bid
12000' 1112" 658-082-00003 Blue Endot ,60 foot Charier 1.07 loot Blue Endol Nollid
T A1NLESs-soLtD TUBE FLARED END
400 314" Ford #51 658-082-00005 Ford $0,95 Ford Ford No bid
1000 I" Ford #52 658-082.00006 Ford $1.00 Ford Ford No bid
400 1 112" Ford #54 658-082-00007 Ford $1.40 Ford Ford No bid
400 Z" Ford #55 658-082.00006 Ford $1.50 Ford Ford No bid
IACCESSORIES MJ CAST IRON
10 3" 67~1 I Union $17.00 Ford $21.69 No BId
9 100 4" 67ll-064-OOOO2 $20.00 Ford $23.85 No Bid
10 200 6" 67G-064-00003 $27.00 Ford $29.72 No Bid
11 20 8" 67(}.(J64..()()() $33,00 Ford No Bid
12 20 10" 67~ $60.00 Ford No Bid
13 20 lZ" 67~00006 $66.00 Ford No Bid
14 20 16" 67~00008 $122,00 Tyler No Bid
Sheet I
Tabulation Sheet
Page I of 24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
Vendor Ferguson Enterprises Inc HD Supply Waterworks, Ltd. Lehman Pipe and Plumbing Supply
1950 NW 18th Street 1101 W. 17th Street 230 NW 29th Street
Pompano Beach, FL. 33069 Riviera Beach, FL. 33404 Miami, FL. 33127
Phone (954)973-8100 Phone (561)11484396 Phone (888)576-3054
Fax ( 954) 917-3134 Fax (561) 845-7267 Fax (877) 576-3066
Contad: Jason Mueller Contact: Susan Helms Contact: Bill Hahn
q~. ... . Ii
WAREHOUSE UNIT'
/
COMMODITY 1# PRtcE ,..." PRICE
15 10 14" 67Cl-064-OOOO7 Tvler I Union $130,00 T\IIer $134.49 No Bid
16 10 20" 67~00009 Tvter I Union $175.00 Tvter $211.43 No Bid
17 10 24" 670-064-00010 T\IIer I Union ~ Ner $266,71 No Bid
18 5 COMBINATiON AIR V/>LVE ASI D020 + C! 67ll-()66.00001 Val-MaSc Val-maSc $556.47 No Bid
FERNCO ADAPTOR OR APPROVED EQUAL" Mission CouDllnDs AcceDted
19 10 4" Clay x Clav # 1001-44 67ll-lJ68.00001 Mission or Eaurvalent I Fernco $4,00 Fernco $3,72 Mission or Equivalent $4,47
20 30 4"ClavxDI#1~ 67ll-lJ68.00002 Mission or Eauivalent I Fernco $4.00 Fernco $3.72 Mission or Equivalent $4.47
21 50 4" Clav x PVC #1002-44 67ll-068-00003 Mission or Equivalent I Femco $3.65 Femco $3.44 Mission or Eauivalent $4.14
22 100 4' PVC x 4" PVC # 1~ 67ll-lJ68.00004 Mission or Equivalent I Femco $3,65 Fernco $3,44 Mission or Eouivalent $4.14
23 10 6" Clav x Clav#1001-66 67ll-lJ68.OOOO5 Mission or Eoulvalent I Fernco $8,50 Fernco $7.96 Mission or Equivalent $9,55
24 50 6" Clay x 4" DI #1002-65 67ll-lJ68.OOOO6 Mission or Eautvalent I Femco $9.00 Fernco $28,04 Mission or Eauivalent No Sid
25 50 6" Clav x 4" PVC #1002-64 67ll-lJ68.00007 Mission or Eouivalent I Femco $9.00 Fernco $8.66 Mission or Equivalent $10.40
26 20 6" Clav x PVC #1002-66 67ll-lJ68.00008 Mission or Equivalent I Fernco $8,00 Femco $7,37 Mission or Eauivalent $8,65
27 20 6 " Clav x DIP #1003-66 67ll-lJ68.00009 Mission or Eouivalent! Femco $8.00 Fernco $7.57 Mission or Eoulvalent $9,08
28 20 6" PVC x PVC #1056-66 67ll-lJ68.00010 Mission or Equivalent I Femco $8.00 Fernco $7,37 Mission or Equivalent $8,65
29 20 8" Clav x Clav#1001-88 67ll-lJ68.00011 Mission or Equivalent I Femco $13,00 Fernco $12,24 Mission or Eauivalent $14,69
30 20 8" PVC x PVC #1056-88 67ll-068-00012 Mission or Eouivatent I Femco $12,00 Femco $11.33 Misston or Equivalent $13,60
31 20 6" Clay x DIP #1003-88 67ll-lJ68.00013 Mission or Eauivalent I Femco $13,00 Fernco $12.24 Mission or Equivalent $14,69
Tabulati eet
Page I
Sheet I
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
endor Fe'Vulon Enterprises Inc HD Supply Waterworks, Lid, Lehman Pipe and Plumbing Supply
1950 NW 111th Street 1101 W.17th Street 230 NW 21th Street
Pompano Beach. FL. 33069 Riviera Beach, FL. 33404 Miami, FL. 33127
Phone (954) 973-8100 Phone (5811__ Phone (lIlI8) 578-3054
Fax ( 9541917-3134 Fax (581) 845-7267 Fax (877) 5711-3069
Contact: Jason Mueller Contact: Susan Helms Contact: Bill Hahn
33 20 6" DIP x 6" DIP 67().()68.()()()14 Mission or E uIvaIenll Femco $9.00 Femco $9.55
34 10 8' DIP x 8' PVClPLASTIC 67~19 Mission or E uivalent I Femco $14.00 Femco $14.69
35 10 10" CLAY X 10" CLAY 678-068-00021 $18,00 Femco $23.11
38 10 4" DIP X DIP 67().()68.()()()17 Mission or $4,00 Femco $4.47
37 10 6" DIP X PVC 67G-ll68-OOO22 $8.50 Femco $10.02
38 10 8' DIP/C900 x DIPIC900 67G-068-00028 $14.00 Femco $15.43
D ual to FK Ductile Iron & At P
39 10 2' x l' CC Thread - VariouS R 67D-Q69.()()()()6 Stainless Steel $33.00 Smith Blair $38.92 Stainless Steel No BId
40 10 3" xl" CC Thread - R e 2.97-3.54 67G-069-00007 Stainless Steel $34.20 Smllh BlaIr $39.42 Stainless Steel No BId
41 10 4" xl' CC Thread- e 4.26-4.73 67D-069-00010 $35.00 Sml1h BlaIr $37.40 SlaInlessSteeI No BId
42 10 4" x 2' IP Thread - R e 4.26-4.73 87G-069-00020 Stainless Steel E Coated Ford or E uivalnet $39,00 SmI1hBIaIr $44.26 No BId
43 5 3"x1"CC-Ra e 3.74-4.13 67D-Q69.()()()()6 Stainless Steel E $34,20 SmI1h BlaIr $37.40 SlaInlessSteeI No BId
44 20 4"xl"CC-R e 4.74-5,26 67D-069-00011 Stainless Steel E Coated Ford or E u1valnet $35,00 SmllhBlalr $37.40 SlaInlessSteeI No BId
45 10 4"x2'IP-R e 4.74-526 67~1 Stainless Steel $38.00 SmIIh Blair $45.05 SlaInlessSteeI No Bid
46 5 4" x2' IP - R e 5.94-6.69 67Q.069.00022 $41.00 Sml1hBlalr $50.70 Stainless Steel No Bid
47 2' x 314" CC - Various R os 67G-069-00001 Stainless Steel E Coated Ford or E uivalnet $35.00 Sml1hBlalr $38.92 No Bid
48 4" x 314" CC - Various R os 67G-06!l-OOOO2 Stainless Steel E $35.00 Sml1hBlalr $37.40 Stainless Steel E Coaled Ford or E u1valnet No Bid
Tabulation Sheet
Page 3 of 24
Sheet I
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
Vendor Ferguson Enterprises Inc HD Supply Waterworks, Ltd. Lehman Pipe and Plumbing Supply
1950 NW 1 Blh Street 1101 W.17th Street 230 NW 29th Street
Pompano Beach, FL. 33069 Rlvtera Beach, FL. 33404 Miami, FL. 33127
Phone (954)973-8100 Phone (561) 848-4396 Phone (888) 576-3054
Fax (954) 917.3134 Fax (561)845-7267 Fax (877) 576-3066
Contact: Jason Mueller Contact: Susan Helms Contact: Bill Hahn
..,',"" UNIT PRICE UNIT
ITEM # QTY. QUSE , MFG UNIT I"..'...'
ITY# PRK:;e PIlICE
49 5 4. x 3/4. IP. Various Ranges 671).069-00003 Stainless Steel Epoxy Coated Ford or Eauivalnet $35.00 Smith Blair $37.40 Stainless Steel Epoxy Coated Ford or EQulvalnet No Bid
50 5 6" x 3/4. CC . Various Ranges 67()"069-00004 Stainless Sleel EpoXY Coaled Ford or Equivalnet $38.00 Smith Blair $42,97 Stainless Steel Epoxy Coated Ford or Eaulvalnel No Bid
51 5 6" x 314" CC . Various Ranaes 671).069-00005 Stainless SleeI Epoxy Coated Ford or Eauivalnet $46.00 Smith Blair $50.77 Stainless Steel Epoxy Coated Ford or EQulvalnet No Bid
52 5 4" x l"lp. Range 4.74-5,63 67()"069-00009 Stainless Steel EOOX\ Coated Ford or Eauivalnet $35.00 Smith Blair $37,40 Stainless Steel Epoxy Coated Ford or Eaulvalnet No Bid
53 100 6" x 2"' IP. Ranae 6.84,7,60 67()"069-00024 Stainless Steel Epoxy Coated Ford or EQuivalnet $41.20 Smith Blair $51.51 Stainless Steel Epoxy Coated Ford or EQuivalnel NO Bid
54 5 10" x I" CC. Ranae 11,1()'12,00 67()"CJ69.00015 Stainless Steel EooXY Coated Ford or Eauivalnet $55.00 Smith Blair $60,34 Stainless Steel Epoxv Coated Ford or Eaulvalnet NO Bid
55 5 10" x 1. CC. Ranae 13.2()'14,38 67()..069-ooo16 Stainless Steel EPOxy Coated Ford or EQuivalnet $62.90 Smith Blair $70,24 Stainless Steel Epoxy Coated Ford or EQuivalnet No Bid
56 5 12" x 2"IP. Ranae 13,2()'14,38 671).069-00028 Stainless Steel Epoxy Coated Ford or Eauivalnet $64.30 Smith Blair $80.46 Stainless Steel Epoxy Coated Ford or Eauivalnet No Bid
57 5 12" x 1" CC. Range 13.2()'14.38 67()..lJ69,00017 Stainless Steel Epoxy Coated Ford or EQulvalnet $62,90 Smith Blair $70.24 Stainless Steel Eooxv Coated Ford or EQulvalnet No Bid
58 5 6" x 1112" IP. Ranae 6,9().7,45 67().069-ooo18 Stainless Steel Epoxv Coated Ford or Eauivalnet $41,20 Smith Blair $46.67 Stainless Steel Epoxy Coated Ford or EQuivalnet NO Bid
59 5 20" x 1 112" IP. No Range 670-069-00019 Stainless Sleel Eooxv Coated Ford or EQulvalnet $146.20 Smith Blair $157,44 Stainless Steel EOOxv Coated Ford or Equivalnet NO Bid
60 5 8" x l"IP. Ranae 9.Q5.9.63 671).069-00026 Stainless Steel Epoxy Coated Ford or Eauivalnet $46.30 Smith Blair $50.77 Stainless Steel Epoxy Coated Ford or EQulvalnel No Bid
61 5 12" x 2" CC, Range 12,62-14,32 67()..069-00030 Stainless Steel Epoxv Coated Ford or Eauivalnet $64.30 Smith Blair $80,46 Stainless Steel Epoxy Coated Ford or Eauivalne NoBi<!
62 100 6" x I" CC Thread - Ranae 6,63-7,50 670-069-00012 Stainless Steel Epoxy Coated Ford or EQuivalnet $38,30 Smith Blair $42.97 Stainless SleeI Epoxv Coated Ford or EQuivalnel No Bid
63 20 6" x 2" IP Thread - Range 5,94-6,69 670-069-00023 Stainless Sleel Epoxy Coated Ford or Eauivalnet $4t.20 Smith Blair $50.70 Stainless Steel Epoxy Coated Ford or Eauivalnet No Bid
64 10 8" x I" CC Thread - Ranae 8.54,10,10 67()..069-ooo13 Stainless Steel Epoxy Coated Ford or EQuivalnel $60,00 Smith Blair $50.77 Stainless Steel Epoxy Coated Ford or Eauivalnet No Bid
65 30 6" x 2" IP Thread - Rance 8.54-10,10 670-069-00025 Stainless SleeI Epoxv Coaled Ford or Eauivalnet $65.00 Smith Blair $59.95 Stainless Steel Epoxy Coated Ford or EQulvalnet No Bid
66 5 1fl' x I" CC Thread- Range 10,64-12.12 670-069-00014 Stainless Steel Epoxy Coated Ford or Equivalnet $55,00 Smith Blair $60,34 Stainless Steel Eooxy Coated Ford or Eauivalnet No Bid
67 10 10" x 2" IP Thread, Range 11.10-12.00 670-069-00027 Stainless Steel Epoxy Coated Ford or Eauivalnet $58.20 Smith Blair $70.00 Stainless Steel Epoxy Goated Ford or Equivalnet No Bid
Sheet I
Tabulat: leet
Page 4
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FmlNGS AND ACCESSORIES
endor Ferguson Enterprises Inc HD Supply Wate_. Ltd. Lehman Pipe and Plumbing Supply
1950 NW 11th Street 1101 W.lnh Stl1Mll 230 NW 29th St_t
Pompano Beach. FL 3306!1 Riviera Beach. FL. 33404 Miami, FL. 33127
Phone (9541973-11100 Phone (56111141-4396 Phone (8881 578-3054
Fax (9541917-3134 Fax (56111145-7267 Fax (877) 578-3OtMl
Contact: Jason Mueller Contact: S.....n Helms Contact: Bill Hahn
69 e 67G-069-00032 $146,00 Smith Blair No Bid
70 16". Z' IP Thread - R e 17.4ll-18,90 67ll-089-OOO33 $95,00 Smith Blair No Bid
71 16" x Z' IP Thread - No R e 67G-Q69.00034 $125.00 Smith Blair No Bid
72 5 20" . Z' IP Thread - R e 19.25-22.70 67~ $146.00 Smith Blair No Bid
73 6Xl1PThread-NoR e 670-069-00036 $45,00 Smith Blair $42.97 No Bid
74 14.21PThread -NoR e 670-lJ6S.00037 Stainless Steel E $75.00 Smith Blair $67.18 No Bid
75 10 6.2 CC Thread- No 870-069-00038 Stainless Steel $41.00 Smith Blair $51,51 No Bid
76 8x2CCThread-NoR e 670-lJ6S.00039 SlaInIess Steel E Coated Ford or E Uivalnet $55.00 Smith Blair $57.94 No Bid
77 16.2ee Thread-NoR e 67ll-08l1-OOll4O Stainless Steel $90,00 Smith Blair $108.02 No Bid
78 5 10.2 CC Thread- No R e 67(}.(J69-00041 Stainless Steel E Coated Ford or E u1valnet $56.00 Smith Blair $70,00 No Bid
FIRE HYDRANTS
led Models: American B-84-B I CIow Medallion I Mueller S Cenlu10n
2-21/2 "Pons
I - 4 112" Pons
McdJaDical Joint
S 114" Main Seat Valve
79 40 36"8 700.057-00084 American 8-84-8 Claw No Bid
Sheet I
Tabulation Sheet
Page 5 of 24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
Vendor Ferguson Enterprises Inc HD Supply Waterworks, Ltd. Lehman Pipe and Plumbing Supply
1950 NW 18th Street 1101 W.17th Street 230 NW 29th Street
Pompano Beach, FL. 33069 Riviera Beach, FL. 33404 Miami, FL. 33127
Phone (954) 973-8100 Phone (561)848-4396 Phone (888) 576-3054
Fax (954) 917-3134 Fax (561) 845-7267 Fax (877) 576-3066
Contact: Jason Mueller Contact: Susan Helms Contact: Bill Hahn
ill "",~ ..""...
DESCRIPTION WARE~ MFG , =:" UNIT
C6...M Pl\ PRICE
80 12 42" B1I1)' 7()().OS7..Q0119 American 8-84-8 Clew $1,241.76 No Bid
81 12 54" B1I1)' 700.057,00123 American B-S4-B CIow $1,269,95 NeBid
'~'~~
82 10 4" 670.064-00024 J'ro.South Tyler $8.12 NeBld
83 10 6" 670.064-00025 J'ro.South Tyler $11.94 NeBld
84 10 10" 670-064-00027 J'ro.South $19,00 Tyler $16,49 NeBld
85 10 12" 670.064-00028 Pto-South ~ Tier $18,16 NeBld
86 10 14" 67Q.ll64-00029 Pto-South Tyler $33,87 No Bid
87 10 i6" 670.064-00030 Pto-South $58,00 Tyler $38.87 NeBid
8B 10 18" 670.064-00031 Pro-Soulh $60,00 Tyler $40.63 NeBld
89 iO 20" 670.064-00032 Pro-South $70,00 Tyler $45,93 No Bid
90 10 24" 670.064-00033 Pto-South ~ Tyler $55,66 NeBld
91 10 8" 670.064-00026 Pro-South Ner $12,87 NeBld
MEGA LUGS
92 10 4" 700-057.00067 $20,10 EBAA III No Bid
93 10 6" 700.057.00068 $24,30 EBAA No Bid
94 10 8" 700-057-00099 $36,00 EBAA No Bid
Tabula!;
Page
''leet
1
Sheetl
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FmlNGS AND ACCESSORIES
endor Ferguson Enterprises Inc HD Supply WatOfWOlks, ltd. Lehman Pipe and Plumbing Supply
1950 NW 1.h Street 1101 W.17th Stntel 230 NW 29th Stroot
Pompano Beach, FL. 33069 RlvIora Beach. FL. 33404 Miami, FL. 33127
Phone (954)973-8100 Phone (581) lI4ll-43lIl Phone (III) 571-3054
Fax ( 954) 917-3134 Fax (581) 1145-7217 Fax (177) 571-3Ot11
Contact: Jason Mueller Contact: Susan Helms Contact: Bill Hahn
96 10 12" 700-057-00104 EBAA No Bid
97 10 Ie" 700-057-00105 EBAA No Bid
98 10 20" 700-057-00106 EBAA No Bid
99 10 24" 700-057-00107 EBAA No Bid
MJ GASKETS
100 10 4" 700-057-00110 $2,00 ler $2.31 No Bid
101 10 6" 700-057-00111 $3,00 T $2.63 No BId
102 10 6" 700-057-00112 $4,00 Tier $3.34 No Bid
103 10 10" 700-057-00113 $5.00 Ier $4,07 No Bid
104 10 12" 700-057-00114 $6,00 T er $5.53 No Bid
105 10 14" 700-057-00115 $7.00 Tier $11.78 No Bid
106 10 16" 700-057-00109 $8,00 TIer $12,37 No Bid
107 10 16" 700-057-00116 $9,00 T er $14.13 No BId
108 10 20" 700-057-00117 $10.00 Ier $15,02 NO Bid
109 10 24" 700-057-00118 $10,00 Tyler $17,97 No Bid
Sheet I
Tabulation Sheet
Page 7 of 24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
Vendor
Ferguson Enterprises Inc
1950 NW 18th Street
HD Supply Waterworks, Ltd.
1101 W. 17th Street
Lehman Pipe and Plumbing Supply
230 NW 29th Street
Pompano Beach, FL. 33069
Phone (954) 973-8100
Fax (954) 917-3134
Contad: Jason Mueller
Riviera Beach, FL. 33404
Miami, FL. 33127
Phone (5611148-4396
Fax (5611 845-7267
Conlad: Susan Helms
Phone (888) 576-3054
Fax (877) 576-3066
Contad: Bill Hahn
ITEM #
QTY,
DESCRIPtION
WAREHOUSE
COMMODITY#
MFG
MFG
UNIT
PRICE
10
4"
6"
8"
700-057-00051
$975,00
Kenn<d
No Bid
KENNEDY CHECK VALVES WITH LEVER
110
111
112
!D
700-057,00065
$1,300,00
Kenn<dy
Kenn<d
No Bid
10
700-057-00052
$2,000.00
No Bid
115 10 6" Assured Flow Sales 6" x 6" No Bid
ROCKWELL REPAIR CLAMPS
116 4" 670-070-00001 No Bid Smith Blair No Bid
117 6" 670-070-00002 No Bid Smith Blair No Bid
118 8" 670-070-00003 No Bid Smith Blair No Bid
119 10" 670-070-00004 No Bid Smith Blair No Bid
120 12" 670-070,00005 No Bid SmilhBlair No Bid
121 16" 670-070-00006 No Bid SmilhBlair No Bid
122 18" 670-070-00007 No Bid Smith Blair No Bid
123 20" 670-070-00008 No Bid Smith Blair No Bid
Sheet I
Tabulatir
Page
~"eet
I
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FmlNGS AND ACCESSORIES
endor Ferguson Enterprises Inc HD Supply Waterworks,lld. Lehman Pipe and Plumbing Supply
1950 NW 11th St....t 1101 W.11th St,", 230 NW 29th _
Pompano Beach, FL 33069 Riviera Beach, FL. 33404 Miami. FL. 33127
Phone 1954) 973-11100 Phone (561) 148-4386 Phone (III) 576-3054
Fax ( 954' 911-3134 Fax (561) 1145-7267 Fax (877) 578-3066
Contact: Jason Mueller Contact: Susan Helms Contact: Bill Hahn
124
36"
24"
125
Smilh Blair
Smilh Blair
ffC153/A21.10 W/ACCESSORlES EPOXY COATED
126 10 4'90 700-057-00012 T Icr I Union $87.40 Cas_Fab
127 20 700-057-00010 T to" I Union $140.60 CasunFab
128 10 8"90 700-057-00014 $204.20 Cas_Fab
129 10 lned 700-057-00013 I Union $319.00 Cas_Fab
130 5 lned 700-0S7-ooo36 $862.90 OIs_Fab
131
5
4x 4x 4 Tee MJ lned
700-057-00002
132
5
6x6x6TeeMJ x lned
700-057.0Q006
133
6x6x4TeeMJ
10
700-057-00003
134
4 x4 x 6 Tee MJ
700-057-00077
135
5
4x4x4W
700-057-00008
Sheet I
WYES PLUS TEE'S MJ on . COMPACT. AWWA ffC153/A21.10 W/ACCESSORJES EPOXY COATED
1er I UDioa
$132.00
Cas10mFab
T 1er/UDioa
$181.50
Cas10mFab
$173,00
OIslDmFab
IiaaI
$363,20
Cas_Fab
IiaaI
E IiaaI
$260.50
Cas_Fib
Tabulation Sheet
Page 9 of24
No Bid
No Bid
No BId
No BId
No Bid
No Bid
No Bid
No Bid
No Bid
No BId
No Bid
No Bid
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
Vendor Ferguson Enterprises Ine HD Supply Waterworks, Ltd. Lehman Pipe and Plumbing Supply
1950 NW 18th Street 1101 W.17th Street 230 NW 29th Street
Pompano Beach. Fl. 33069 Riviera Beach, Fl. 33404 Miami. FL, 33127
Phone (954)973-8100 Phone (561)1I48-43!I6 Phone (686) 576-3054
Fax ( 9541917-3134 Fax (561)845-7267 Fax (677) 576-3066
Contact: Jason Mueller Contad: Susan Helms Contact: Bill Hahn
ITEM' QIY. DESCRiPTION WAREHOUSE ;~~~i UNI'!"PRICE '~FG;I; ,,;~€i..'.'..,J..' UNIT,
(:6MMbDlT'ltl ~lCE
CAST IRON VAlVE BOX 24' MARKED WA7ER" MUST BE UNIONfTYLER ONLY
136 100 24- - Valve Box Onl 670-027,00001 TIer/Union - Tyler $63.48 No Bid
137 100 1- - Extensions 670-027,00002 Tyler I Union Tyler $24.77 No Bid
138 50 id for #24 Valve Box - Water (Must be lock;", 670-027-00003 Tier/Union $23,00 Tyler NO Bid
139 50 Id for #24 Valve Box - Sewer IMust be lockill!; 670-027-00004 T lei" I Union $23,00 Tyler No Bid
140 50 Ud for #24 Valve Box - Waler (Non-locking) 670,027-00005 Tyler I Union $13,60 Tyler No Bid
141 50 Lid for #24 Valve Box - Sewer (Non -locking) 670-027-00006 Tvler I Union $13,60 Tyler No Bid
C MARKERS
142 100 Ball Marker (Water) 670-080-00001 3M 1423-XRlID 3M 1423-XRlID $16,25 3M 1423-XRlID No Bid
143 100 Ball Marker (Sewer) 670-080-00002 3M 1424-XRlID 3M 1424-XRlID $16,25 3M 1424-XRlID No Bid
144 100 Ball Marker (Reclaim) 670-080-00003 3M 1428-XRlID 3M 1428-XRlID $16.25 3M 1428-XRIID No Bid
145 100 APC Marker Hiah Range (Waler) 670-080-00004 3M 3M $45.00 No Bid
146 100 APe Marker Hioh Range (Sewer) 670-080-00006 3M 3M $45.00 No Bid
KIT W/ACCESSORIES
147 10 3- 670-064-000 11 Tyler I Union $13.50 Ford $11.99 No Bid
146 10 4" 670-064-00012 TYler I Union $16,00 Ford $12,42 No Bid
149 10 6" 670-064-00013 Tyler I Union $21.00 Ford $14,81 No Bid
150 10 8" 670-064-00014 TYler I Union $24,00 Ford $19,67 No Bid
151 20 10- 670-064-00015 TYler I Union $32.00 Ford $25.67 NO Bid
152 10 12" 670-064-00016 Tyler I Union $36,00 Ford --~ No Bid
153 10 16" 670-064 00023 TYler I Union $65 00 Ford No Bid
-----~~- -
Sheet I
Tabulat"
Page
''-Ieet
!4
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FmlNGS AND ACCESSORIES
endor Fe'Vuson Enterprises Inc HD Supply Waterworks. Ud. Lehman Pipe and Plumbing Supply
1850 NW 1111h Slreel 1101 W. 17lh Slreel 230 NW 28th Slreel
Pompano Beach. FL. 33089 Riviera Beach. FL. 33404 Miami, FL. 33127
Phone (8541 873-1100 Phone (561) 148-43lI6 Phone 16881 576-3054
Fax I 854) 81703134 Fax (561) 645-7267 Fax (677) 576-3066
Contact: Jason Mueller Contact: Susan Helms Contact: Bill Hahn
EQUAL W/ACCESSORJES
154 10 4" 670.082-00002 FonI No BId
155 10 6" 670-082-00003 FonI No BId
156 10 6" 670-082-00004 FonI No Bid
157 10" 670-082-00005 $62,00 FonI No BId
158 5 12" 670.082-00006 $165,00 FonI No BId
159 3" 670.082-00001 $17,00 FonI No BId
ES SET LESS GLAND
160 10 4" 670-064-00018 $8.50 Ford $9.11 No Bid
161 10 6" 670-064-00019 I Union $12.50 Ford $11.90 No Bid
162 10 6" 670-064-00020 Ford $13.16 No Bid
163 10 10" 670-064-00021 Ford $17.58 No Bid
164 10 12" 670-064-00022 I Union Ford $18,61 No Bid
Sheet I
Tabulation Sheet
Page 11 of 24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
Vendor Ferguson Enterprises Inc HO Supply WaterwOfks, LId. Lehman Pipe and Plumbing Supply
1950 NW 18th Street 1101 W.17th Street 230 NW 29th Street
Pompano Beach, FL. 33069 Riviera Beach, FL. 33404 Miami, FL. 33127
Phone (954) 973-8100 Phone (561) 8484396 Phone (888) 576-3054
Fax { 9541917-3134 Fax (561) 845-7267 Fax (877) 578-3066
Contact: Jason Mueller Contact: Susan Helms Contact: Bill Hahn
MFG
o REOI CLAMP
165 100 314- x 3- 670-077-00001 Ford $3,50 Ford No Bid
166 20 314" x 6" 670-077-00002 Ford $7.00 Ford No Bid
167 20 112" x 3" 670-077-00003 Ford $3.40 Ford No Bid
168 100 112" x 6" 670-077-00004 Ford $6,50 Ford No Bid
169 100 1" x3" 670-077-00005 Ford $3,80 Ford No Bid
170 100 1" x 6"' 670-077-00006 Ford $7.50 Ford No Bid
171 20 11/4" x 3" 670-077-00007 Ford 54.00 Ford No Bid
172 20 1 114" x 6" 670-017-00008 Ford $8,00 Ford No Bid
173 20 11/2" x 3" 670-077-00009 Ford $4.20 Ford No Bid
174 20 1 112" x 6" 670-077-00010 Ford $8.00 Ford No Bid
175 50 2" x 3" 670-077.00011 Ford $6.50 Ford No Bid
176 50 Tx6" 670-077-00012 Ford $11,50 Ford No Bid
TRANSITION COUPLINGS
177 4" 670~O26-00001 Powerseal $5000 Ford No Bid
178 6" 670-026-00002 Powerseal $75,00 Ford No Bid
179 3" 700-057-00083 Powerseal $125,00 Ford No Bid
180 10" 7QO...057 -00086 Powerseal $150.00 Ford No Bid
Tabulati-
Page
-',eet
4
Sheet I
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FmlNGS AND ACCESSORIES
endor F.rguson Ent.rp..... Inc HD Supply Wat.rworks, lid. Lehman Pipe and Plumbing SUpply
1950 NW 18th Street 1101 W. 171h Street 230 NW 29th Street
Pompano _. FL. 33069 RIviera Beach. FL 33404 Miami, FL 33127
Phone (954)97303100 Phone (561)1148-4396 Phone (888) 578-3054
Fax (9541917-3134 Fax (5611845-7267 Fax (177) 571-3081
Contact: Ja.on Mueller Contact: Susan H.lms Contact: Bill Hahn
181 4" Hand-Tile Circle MFG. AN400 Cherne 270.245
182 6" Hand- Tite Circle MFG. AN800 Cherne 270.261
IRCLE REPAIR CLAMP
183 #226-023807-000 2" x 7112" - 2,35-2.63 670-089-00001 Ford $29,00 Ford $28.13 No Bid
184 #226-023815-000 2" x 10" - 2,35-2.63 670-089-00002 Ford $38.00 Ford $36,95 No Bid
185 2" X 15" R e 2.35-2.63 670-089-00003 Ford $54.50 Ford No Bid
186 2 2112"xrR e 2.JG.3,13 670-089-00004 Ford $30.00 Ford NoBill
187 2112"x15'R e2.7G-3.13 670-089-00005 Ford $50.00 Ford No Bid
186 3"x7112"R e 2.97-3.25 670.089-00006 Ford $33.00 Ford No Bid
189 3"x 7112"R e 2,46-3.70 670-089-00007 Ford Ford No Bid
190 2 3"xI5"R e 2.73-4,00 670-089-00008 Ford $80.00 Ford No Bid
191 3'xI5"R e 2.97-3.25 670.089-00009 Ford $80.00 Ford No Bid
192 3"xI5"R e 3,46-3.70 670.089-00010 Ford $80.00 Ford No Bid
193 3"xI5"Ra e 3,91>4.25 670-089-00011 Ford $60.00 Ford No Bid
194 2 3-4" x 15" R e 3.73-4.00 670-089-00012 Ford $60,00 Ford No Bid
195 4" x 7Y," Range 4.74-5,14 670.089-00015 Ford $34,00 Ford No Bid
196 4"x7112"R e 4.95 - 5,35 670-089-00016 Ford $34.00 Ford No Bid
197 4'x 15"R e 4.45 -4.73 670.089-00017 Ford $80.00 Ford No Bid
198 4"x15Ra e4.74-5.14 700-057-00070 Ford $85.00 Ford No Bid
Sheet I
Tabulation Sheet
Page 13 of24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
Vendor Ferguson Enterprises toe HD Supply WatelWor1<s, Ltd. Lehman Pipe and Plumbing Supply
1950 NW 18th Street 1101 W.17th Street 230 NW 29th Street
Pompano Beach, FL. 33069 Riviera Beach, FL. 33404 Miami, FL. 33127
Phone (9541 973-8100 Phone (56111148-4396 Phone (888) 576-3054
Fax ( 954) 917-3134 Fax (561) 845-7267 Fax (877) 578-3066
Contact: Jason Mueller Contact: Susan Helms Contact: Bill Hahn
ITEM II QTY. Q~$q~!~~lO'I OUSE u~rr.~~ a MFG
'.i, '.."
c ITYII """ """ pRICE
199 2 4,25 x 15 Range 3.90 - 4,25 700-057-00071 Ford $60,00 Ford No Bid
200 2 4"X15 Ranoe4,75.5.14 670-089-00018 Ford $65,00 Ford $61,84 No Bid
201 2 4" x 15" Range 4.95-5.35 670-089-00019 Ford $65,00 Ford $61,84 No Bid
202 2 6" x71f2Ranoe6,84-7,64 670-089-00020 Ford $60,00 Ford $66,66 No Bid
203 2 6" x 10" Range 6.84 -7.24 670-089-00021 Ford $60.00 Ford $56.04 No Bid
204 2 6" x 10" Ranoe 7.45 - 7.65 670-089-00022 Ford ~ Ford $58,04 No Bid
205 2 6" x 12112" Ranoe 7,64 670-089-00023 Ford Ford $101,83 No Bid
206 2 6" x 15" Range 6.56 - 6.96 670-089-00024 Ford $67,00 Ford No Bid
-
207 2 6" x 15" Ranoe 6.60- 7,00 670-089-00025 Ford Ford $66.16 No Bid
208 2 6" x 15" Ranoe 6,84 - 7.24 670-089-00026 Ford Ford $73.67 No Bid
209 2 6" x 15" Ran2e6.84-7,64 670-089-00027 Ford $75,00 Ford $116,38 No Bid
210 2 6" x 15" Ramge 7,05- 7,45 670-089-00028 Ford $75,00 Ford $73.67 NO Bid
211 2 6" x 15" Ranoe 7,45,7,65 670-089-00029 Ford $75,00 Ford $73,67 No Bid
212 2 6" x 30" Range 7 45 -7,65 670-089-00030 Ford $180,00 Ford ~ No Bid
213 1 6" x 7" 112" Range 8.99-9,39 670-089-00031 Ford $42.50 Ford No Bid
214 1 30x 15 670-089-00032 Ford Smith Blair #228 For DIP 50 PSI !iii No Bid
215 2 6" x 10" Range 8,99.9,39 670-089-00033 Ford $56.00 Ford No Bid
216 2 6" x 10" Range 8,99-9.79 670-089-00034 Ford $94,00 Ford $91,09 No Bid
217 2 8" x 10" Range 9.27-9,67 670-089-00035 Ford $60,00 Ford $56,60 No Bid
Tabulat;
Page
~!-jeet
~4
Sheet]
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
endor Ferguson Enterprises Inc HD Supply Waterworics, Ltd. Lehman Pipe and Plumbing Supply
1950 NW 18th Slreet 1101 W. 17lh Slreel 230 NW 29th Streel
Pompano Beach. FL. 33069 Riviera Beach. FL. 33404 Miami, FL. 33127
Phone (9541 973-8100 Phone (561) 848-4396 Phone (1lII) 571-3054
Fax (954) 917-3134 Fax (561)845-7267 Fax (177) 571-3Oe6
Contact: Jason Mueller Contact: Susan Helms Contact: Bill Hahn
219 8"xI5"Ra e 8,99-9.79 670-089-00037 Ford Ford No BId
220 2 8"xI5"R e 9.27 - 9.26 670-089-00054 Ford Ford No BId
221 2 I1l"x7112"R e 11.04 -11.44 670-089-00055 Ford Ford No BId
222 Ill"xlll" 670-089-llOO56 Ford $110,00 Ford No BId
223 670-089-00057 Ford $82.00 Ford No BId
224 2 670-089-00058 Ford $82.00 Ford No BId
225 Ill" x 15"R e 11.04-11,44 670-089-00038 Ford Ford No BId
226 11l"x 15'R e 11.10-11.90 670-089-00039 Ford Ford No BId
227 11l"x 15" R e 11,34-11.74 670-089-00040 Ford $95.00 Ford No Bid
228 Ill" x 15"Ra ell.75-12.15 670-089-00041 Ford $95.00 Ford No BId
229 2 18" x 15" R e 19.23 -19.98 670-089-00042 Ford $220,00 Ford No BId
230 11l"x 11l"R e 11.34-11.74 670-089-00043 Ford $75,00 Ford No BId
231 12'x 15'R e 13.10-13,50 670-089-00044 Ford $105.00 Ford No BId
232 12' x 16" R e 12,62- 13.02 670-089-00045 Ford $105.00 Ford No Bid
233 12' x 20" Ra e 13.10-13.50 670-089-00046 Ford $150.00 Ford No Bid
234 16x 30 Ra e17.15-17.90 670-089-00069 Ford $425.00 Ford No Bid
235 20x3ORa e 21.52 - 22,27 670-089-00070 Ford Ford No Bid
236 16"xI5"R e 17.65 670-089-00047 Ford Ford No Bid
Sheet I
Tabulation Sheet
Page 15 of 24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
Vendor Ferguson Enterprises Inc HD Supply Waterworks, LId. Lehman Pipe and Plumbing Supply
1950 NW 18th Street 1101 W. 17th Street 230 NW 29th Street
Pompano Beach, FL. 33069 Riviera Beach, FL. 33404 Miami, FL. 33127
Phone (954) 973-8100 Phon. (561' 848-4396 Phone (888) 576-3054
Fax (954) 917.3134 Fax (561) 845-7267 Fax (877) 578-3066
Contact: Jason Mueller Contact: Susan Helms Contact: Bill Hahn
ITEMtl QTY. UNIJ PRICE UNIT
PAlCE
237 670-089-00048 Ford $75.00 No Bid
238 20" x 15' Ra e 21 ,52 - 22.27 670-089-00049 Ford $230,00 No Bid
239 670-089-00050 Ford No Bid
240 670-089-00051 Ford No Bid
241 670-089,00052 Ford NeBld
242 42" x 30" Ra e 43.90 - 45,10 670-089-00053 Ford NeBld
243 8 x 24 Ra e 8.99 - 9,39 670-089,00067 Ford NeBld
244 10 x 24 Range 11.04-11,94 670-089-00068 Ford Ford $219,63 NeBld
VALUE W/O WHEEL
245 4' 700-057-00045 USP' $292.50 CIow $298,78 USP' NeBld
246 6' 700-057-00046 US P' $373.50 Clew $381.53 us Pipe No Bid
247 8" 700-057-00049 USP' $594,50 CIow $607.28 US Pipe No Bid
248 10" 700-057-00050 USP' $927,00 Clow $948,94 US No Bid
249
250
6X4
8X4
Custom Fab
No Bid
Custom Fab
No Bid
Sheet 1
Tabula!;
Page
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l4
CITY OF BOYNTON BEACH
PROPOSAl FOR PIPE FITTINGS AND ACCESSORIES
endor F.IlI....... Ent.rprl... Inc HD Supply Wat.rworks, Ltd. Lehman Pipe and Plumbing Supply
1950 NW 18th Street 1101 W.l7th Street 230 NW 29th Street
Pompano Beach, FL. 33069 Riviera Beach, FL 33404 Miami. FL. 33127
Phone (9541 97Ul00 Phone (5411) 848-4396 Phone (888) 576-3054
Fax ( 9541917-3134 Fax (5411) 845-72lI7 Fax (177) 57I-30Il
Contact: Jaaon Muelle, Contact: Susan H.lm. Contact: Bill Hahn
DUCTILE IRON EPOXY COATED
251
252
253
254
5
255
256
257
256
259
260
Sheet 1
8X4
6X4
10X6
8X8
4X4X4
6x6x6
8x8x8
16x16x16
10xl0x8
6x6x6
700-057-00030
700-057-00031
700-057-00034
7Q0.057-OO100
Unlon/T
$284,20
$232.30
$480.00
No Bid
Union I Tyler
Union I Tyler
Tabulation Sheet
Page 17 of24
Custom Fab
Custom Fab
Custom Fob
CustomFab
CustomFab
CustomFab
CustomFab
Custom Fall
Custom Fab
Custom Fab
$269.21
$220.00
$480.26
$271.53
No BId
No BId
No Bid
No Bid
No BId
No Bid
No Bid
No BId
No Bid
No Bid
"
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
Vendor Ferguson Enterprises Inc HD Supply Waterworks, Ltd. Lehman Pipe and Plumbing Supply
1950 NW 18th Street 1101 W.17lh Street 230 NW 29th Street
Pompano Beach, FL. 33069 Riviera Beach, FL. 33404 Miami, FL. 33127
Phone (954) 973-8100 Phone (561) 846-4396 Phone (1I6tI1 576-3054
Fax (954) 917-3134 Fax (561) 645-7267 Fax (677) 576-3066
Contact: Jason Mueller Contact: Susan Helms Contact: Bill Hahn
I ",'" "".', .,~.~~..'.i>. "tif4~{..,i I
ITEM. QU. DESCRiPTION WAREHOllSE 3'." UNIT
cdMMOOrrY# \>> "','", , PRICE I PRICE
DUCTILE IRON 90 FlANGED ELBOWS I EPOXY COATED
261 24 4" 700-05?Q00Il Union I TvIer $136.90 Custom Fab $129,68 No Bid
262 6 8" 700-05HlOOl7 Union I Tvler $281.20 Custom Fob $266,32 No Bid
263 24 6" 700-057,00075 Union /Tyler $201.70 Custom Fob $19UJ5 No Bid
DUCTILE IRON 90 MJ X FlANGED ELBOWS/EPOXY COATED
264 10 6" 700.057-00015 Union I TYler $189,50 Custom Fob $179,47 NO Bid
265 10 4" 700-057-00016 Union I Tyler $132.70 Custom Fob $125,63 No Bid
266 2 10" 70-057-00018 Union /Tyler $418.70 Custom Fab $396.58 No Bid
NGED ELBOWSlEPOXY COAlED
267 24 4" 700-057-00019 Union I Tyler $137.50 Custom Fob $130.26 No Bid
268 6 8" 700-057-00020 Union /Tyler $263.40 Custom Fob ~ No Bid
269 24 6" 700~O57-000~1 Union I Tvter $130.80 Custom Fob NoEld
DUCTILE IRON 45 MJ ELBOWSlEPOXY COATED
270 24 6" 700-057,00022 Union I Tyler $122.30 Custom Fab $115,79 No Bid
271 24 4" 700-057.00023 Union I Tyler $85.00 Custom Fab $80.47 No Bid
272 3 10" 700-057-00024 Union I Tyler $252.40 Custom Fob $239.11 No Bid
273 6 B" 700-057,00025 Union /Tyler $163,40 Custom Fob $173.68 No Bid
Sheet I
Tabula!;
Page
~fteet
!4
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FmlNGS AND ACCESSORIES
endor Ferguson Enterprise. Inc HD Supply WatllfWorko. LId. Lehman Pipe and Plumbing Supply
1850 NW 11lth St....t 1101 W.17th Street 230 NW 28th Street
Pompano Beach, FL. _ Riviera Beach, FL. 33404 Miami. FL. 33127
Phone (854) 873-8100 Phone (5411) lI48-4386 Phone (811) 57_54
Fax (954'817-3134 Fax (5411) 1145-7287 Fax (177) 571-3061
Contact: Jason Mueller Contact: Susan Helms Contact: Bill Hahn
Sheet I
274
10
6"
700-057-00026
275
6"
700-057-00027
276
10
4"
700-057-00061
277
8"
700-057-00098
278
6"
1(7'
279
280
6"
281
4X4
DUCTILE IRON 22.5 FLANGED ELBOWSlEPOXY COATED
$125.90 Cuslom Fab
$195.60 Cuslom Fab
$154.70 Cuslom Fab
$261.60 Cuslom Fab
$119.26
$185,26
$146.47
$247,79
Union I T Ier
Union I
Tabulation Sheet
Page 19 of 24
Cuslom Fab
Custom Fab
Cuslom Fab
Cuslom Fab
No BId
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
Ivendor Ferguson Enterprises Ine HD Supply Waterworks, Ltd. Lehman Pipe and Plumbing Supply
1950 NW 18th Street 1101 W.17th Street 230 NW 29th Street
Pompano Beach, FL. 33069 Riviera Beach, FL. 33404 Miami, FL. 33127
Phone (9541973-8100 Phone (56tl8484396 Phone (866) 576-3054
Fax ( 9541917-3134 Fax (561) 845-7267 Fax (877) 576-3066
Contact: Jason Mueller Contact: Susan Helms Contact: Bill Hahn
ITEM II QTY. DESCRIPTION WAREHOUSE I ]1- MFG UNIT, MFG UNIT
IUR" r~"., << '"",
COMMODITY II """"""", PRICE PRICE
DUCTILE IRON SLEEVESlEPOXY COATED
282 4 IO"MJ 700-05700039 Union I Tyler $211.00 Custom Fab $200.32 No Bid
283 10 8"MJ 7QO.057-00040 Union I Tvler $166,00 Custom Fab ~ No Bid
284 4 6" C 110 7QO.057-00037 Union I Tvler $266.00 Custom Fab No Bid
285 24 6" MJ 700-057-00041 Union I Tvler $135,00 Custom Fab ~ No Bid
286 12 4" FLANGED 7QO.057-00042 Union I Tyler Custom Fab No Bid
287 12 4"MJ 700~O57-00043 Union I Tyler $91.00 Custom Fab $85,68 No Bid
288 2 16"MJ 7QO...057-00108 Union I Tvler $615,00 Custom Fab $581.84 No Bid
DUCTILE IRON RISERS AND SPOOL PIECESlEPOXY COATED FOR AMERICAN DARLING HYDRANTS
289 12 4" SPOOL PIECE (12" HEIGHT) 7QO.057 -00044 American " CUstom Fab $119.73 No Bid
290 12 6" HYDRANT RISER 7QO.057.00062 APC Tyler $274,27 No Bid
291 12 18" HYDRANT EXTENSION 700,057-00094 APC Tyler $367,77 No Bid
292 12 12" HYDRANT RISER 700-057,00125 APC Tyler $324,]3 No Bid
293 12 24" HYRDANT RISER 700-057-00122 AFC " Tyler $415.56 No Bid
FLANGED GATE VALVES
294 12 4" 700,057 00047 AFC $290,00 Claw $290,00 Nibco F617-D $285,18
295 12 6" 700,057-00048 AFC $373.00 Clow $388,00 Niboo F617-0 $471.24
Tabulat' 'leet
Page 04
Sheet I
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FmlNGS AND ACCESSORIES
endor Ferguson Enterprl_lnc HD Supply Woterwoot<s, Ltd. Lehman Pipe and Plumbing Supply
1950 NW 18th Street 1101 W. 17th Street 230 NW 29th Street
Pompano Beach. FL. 33069 RIviera Beach, FL. 33404 Miami, FL 33127
Phone (9541973-8100 Phone (561) 1141-4396 Phone (_) 576-3054
Fax (9541917-3134 Fax (561) 145-7267 Fax (877) 57f.3018
Contact: Jason Mueller Contact: Susan Helms Contact: BI" Hahn
M1SCaLANEOUS
296 80 700-057-00055 No Bid Rotolloat S60NC N No Bid
297 50 700-057-00087 No Bid RotolloalS6ONCN No Bid
296 Sa 700-057-00130 Claw No Bid Claw No Bid
299 Sac' 700-057-00131 Mueller No Bid HOPI No Bid
300 36x 15 with 11/2 IP T 670-089-00078 No Bid Smith Blair T Saddle i>r DIP No Bid
301 Ucrn.E IRON EPOXY COATED FLANGED 700-057-00059 a.._Fab $500,00 CusklmFab NOD-Domestic No Bid
302 ' DUcrn.E IRON EXPOXY COATED CROSS 700-057-00080 a.s_Fab $239.68 No Bid
303 6" - 8' TEST BAlLS 700-057-00090 Cbcmc: $157,85 Cbcmc: 275.428 $305.58
304 8' - 12' TEST BAlLS 700-057-00091 $340,00 Cbcmc: $368.64 Cbcmc: 275,438 $435.52
305 12" - 18' TEST BAlLS 700-057-00092 $625.00 Cbcmc: $748.25 Cbcmc: 275,448 $751.09
306 15" - 30" TEST BAlLS 700-057-00093 $1,600,00 Cbcmc: $1,778.00 Cbcmc: 410.308 $1,618.63
307 DESER!{ FLANGED PWG VALVE EPOXY 700-057-00102 MiUikm $750,00 Dezurik $825.56 No Bid
306 700-057-00120 AFC $110.00 AFC No Bid
309 24 TISIlIZI! SEALING COMPOUND FOR HYO 700-057-00121 As'W<d Flow 80z 6 case No Bid
310 12 FLANGED X 4' FEMALE CAMLOCK FITI1N 700-057-00138 Dixon Amazon FLC40AIIDP4OAL $195,02 No BId
311 12 FLANGED X 6' FEMALE CAMLOCK FITI1N 700-057-00139 Dixon Amazon FLC6OAIIDP60AL $292.48 No BId
312 MJ DUcrn.E IRON REDUCER EPOXY COA 700-057-00140 T ler I Union a.s_Fab $133.74 No Bid
Sheet I
Tabulation Sheet
Page 21 of24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
Vendor Ferguson Enterprises Inc HD Supply Waterw"""', LId. Lehman Pipe and Plumbing Supply
1950 NW 18th Street 1101 W.17th Street 230 NW 29th Street
Pompano Beach, FL. 33069 Riviera Beach, FL. 33404 Miami, FL. 33127
Phone (954) 973-8100 Phone (561) ll48-4396 Phone (8811) 576-3054
Fax (954) 917-3134 Fax (561) 845-7267 Fax (871) 578-3066
Contact: Jason Mueller Contact: Susan Helms Contact: Bill Hahn
'/'v,i """" ",' ""..""""",,' :::~1~1 ",,',,' u__' '.....'."""" ~.~,I ~ 1'IINIT
ITEM" ",M.... UNIT PRIcE
" "(". """""""'.1..'.. ,..'..
."""
DUCTILE IRON EPOXY COATED SPACERS I CAPS I PLUGS
313 12 6" MJ SOUD CAP 700-057-00124 Tyler I Union $56,30 Custom Fab $53,26 No Bid
314 12 6 X 2 MJTAP CAP 700-057-00126 Union I Tvler $9050 Custom Fab $85,68 No Bid
315 12 4 X 2PLUG BY TAP 700-057-00127 Union / Tvler $64,20 Custom Fab $60.79 No Bid
316 12 4" MJ SOUD PLUG 700-057-00128 Union I Tvler $36,10 CusIDm Fab No Bid
317 12 6" MJ SOUD PLUG 700.057-00129 Union I Tvler $61.20 CustomFab No Bid
318 12 4" SPACER 700-057-00135 Union / Tyler $75,00 Custom Fab Non-Domestic No Bid
319 12 6" SPACER 700-057-00136 Union I Tyler $100,00 Custom Fab Non-Domestic No Bid
320 12 B" SPACER 700-057-00137 Union / Tvler $125,00 Custom Fab Non-Domestic ^". No Bid
NGS - DRESSER STYLE 262
321 10 6" RallOe 6.42 - 17,68 670.089-00059 Hvmax $167,80 Hvmax $162.32 Hvmax 2lJOO.0768-260 $172.09
HYMAX COUPLINGS
322 5 4" Ranne 4.47 - 5,278 670-089-00071 Hvmax $127.10 Hymax $122.95 Hvmax 2lJOO.0563-260 $130,35
323 5 B"Ranoe 8,60 - 9.40 670-089-00072 Humax $190.00 Hymax $170,20 Humax 2000-0984-260 $194,94
324 5 10" Range 10,73-11.53 670-,89-00073 Hvmax $244,40 Hymax $236.47 Hvmax 2lJOO.12()()'260 $250.78
325 5 12" Range 12,75 -13.55 670-089-00074 Hymax $288,50 Hymax $279.12 Hymax 2lJOO.1366-260 $296.00
326 5 1 1/2 Ranoe 1.61- 2.13 670-089,00075 Hvmax $71,30 Hvmax $68.98 Hymax 2000-0213-260 $73,15
327 5 2"Ranne2,10-3,13 670-089-00076 Hymax $73,10 Hymax $70,71 Hymax 2lJOO.0303-260 $74.98
328 5 3" RallOe 3,46 - 4,33 670-089-00077 Hymax $99.20 Humax $95.95 Hymax 2lJOO.0433-260 $101.74
-.----.... -~-_. -" -' ---- ---, - -~-_._._---"--_._-~ ------_..-.,..__._-~-
Tabulat;
Page
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Sheet I
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
endor Ferguson Enterprises Ine HD Supply Walerwor1<s. LId. Lehman Pipe and Plumbing Supply
1950 NW 18th Street 1101 W.17th Street 230 NW 2tIh Street
Pompano Beach, FL 33069 RIv.... Beach, FL. 33404 Miami, FL. 33127
Phone (954)973-8100 Phone(5611~ Phone 1888) 578-3054
Fax ( 954)917-3134 Fax (5611145-72t7 Fax (877) 578-3088
Contact: Jason Mueller Contact: Susan Helms Contact: Bill Hahn
HYMAX FLANGE ADAPTERS
329 Z'R e2,10-3,40 67~9.()()()61 H ax $90.10 ax $87.12 H ax 2100-0303-175 $92.36
330 5 3" e2.1G-4.33 670.089-00062 ax $131.80 ax $124.81 ax 2100-0433-175 $135.17
331 4"R e2.10.5.11 67o.089.()()()63 $169.00 H $160,15 H 2100-0563-175 $173.44
332 5 8"R e 2.1Q.7,BB 670.089.00064 H ax $215.40 $201.36 H 2100.0788-175 $218,09
333 5 8"R e 2.10 - 9.84 670-089-00065 ax $293.80 21()().()984.175 $301.19
334 1112R e 2.1Q.2.80 670.089-00066 ax $86.60 ax 2100-0213-175 $88.80
PVC C-lIOO CLASS 150 FITTINGS
335 10 8"22 658-088-00002 IIm:o 0Dl $55.20 IIm:o $48,74 IIm:o 0Dl No BId
336 10 8"22 658-088-00003 IIm:o $105.00 IIm:o $92.81 IIm:o No Bid
337 10 4"45 658-088-00004 IIm:o $31.80 Harm 0Dl $28.09 Harm No BId
338 10 8"45 658-088-00005 IIm:o $55,20 IIm:o $48.74 IIm:o No BId
339 10 658-088-00007 Harm $43.80 IIm:o $38.71 Harm No Bid
Sheet I
Tabulation Sheet
Page 23 of 24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
Vendor Ferguson Enterprises loe HD Supply Waterworks, Ltd. Lehman Pipe and Plumbing Supply
1950 NW 18th Street 1101 W.17th Street 230 NW 29th Street
Pompano Beach, FL. 33069 Riviera Beach, FL. 33404 Miami, FL. 33127
Phone (954) 973-8100 Phone (561) 848-4396 Phone (888) 576-3054
Fax ( 954) 917.3134 Fax (561) 845-7267 Fax (877) 576-3066
Contact: Jason Mueller Contact: Susan Helms Conlact: Bill Hahn
340 10 IS'xlS'W 658-088-00008 Harco Only No Bid
341 10 f!'XIS'Wyes 658-088-00009 Harro Only No Bid
342 10 4" 90' Elbow bell to bell 658-088-00010 Harco Only No Bid
343 10 4" 22.5" Elbow bell to bell 658-088-00011 Harro Onl No Bid
344 10 IS' 90" Elbow belllD bell 658-088-00013 Harm Only $56,60 Harro Only $50,03 Harm Only No Bid
345 10 4" Cleanout A ter 658-088-00015 Harco $4.80 Rarro Only $4,23 Harro Only No Bid
346 10 4" C;eanout Cap 658-088-00016 Harro Onl $3,00 Harro Only $1.66 Harco Only No Bid
347 10 IS' C;eaooutAda ler 658-088-00017 Harro Only $15,50 Harco Only $13,66 Harro 0n1 NO Bid
348 10 IS' Cleaoout C 658~88.ooo18 Harco Onl $8,00 Harco $6,23 Harco No Bid
349
1 allan cans Pi e Lube
658-034-00001
Qatle
Stock
No Bid
Tabulat; "eet
Page A
Sheet I
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
Vendor
Mainline Supply
Sun Pipe and Valves, LLC.
668 Enterprize
710 NW Enterprize Dr.
Port St. Lucie. FL 348M
Phone (7721 408-5530
Fax l7721 408-5538
C_: Rand Calender
Port St. Lucie, Fl. 348M
Phone (7721 408-1960
Fax l7721408-1963
Contact: G Panasuk
~-OOOO1 Blue Endot Blue Endot 18.39 roll
18000 1- ~-00002 Blue Endot Blue Endol 30.20 roll
12000' 1112" ~-ooooo Blue Endol Blue Endol 81.24 roll
T AlNLElIS-SOUD TUBE FlARED END
4 400 314- Ford #51 ~-00005 Mueller $0.95 Mueller $0.99
1000 1- Ford #52 ~-00006 Mueller $1.02 Mueller $1.07
400 1 112" Ford #54 ~-OOOO7 Mueller $1,99 Mueller $2.08
400 T Ford #55 ~-00008 Mueller $3.80 Mueller $3.99
IACCESSORIES MJ CAST IRON
10 3- 870-064-00001 No Bid Union
9 100 4- 870-064-00002 No Bid Union
10 200 8' 870-064-00003 No Bid Union
11 20 8' 670-064-00004 No Bid
12 20 lcr 670-064-00005 No Bid
13 20 IT 670-064-00006 No Bid
14 20 18' 670-064-00008 No Bid Tyler Union
Sheet 2
Tabulation Sheet
Page 1 of 24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
Idor Mainline 5upply 5un Pipe and Valves, LLC.
668 Enterprize 710 NW Enterprize Dr.
Port 5t. Lucie, FL. 34986 Port 5t. Lucie, FL. 34986
Phone (n2) 408-1960 Phone (n2) 408-5530
Fax (7721408-1963 Fax (n21 408-5538
Contact: Gre Panasuk Contact: Rand Calender
:M#
10
20"
670-064-00009
No Bid
15 10
16
17
10
24"
COMBINATION AIR VAlVEABI D020 + C
670-064-00010
No Bid
16
670-066-00001
Val-Malle
No Bid
19 10 4" Clay x Cia # 1001-44 670-066-00001 $3.62
20 30 4" Cia x DI #1003-44 670-066-00002 $3,62
21 50 4" Cia x PVC #1002-44 670-066-00003 Mission or Equivalent Femco $3.35
22 100 4" PVC x 4" PVC # 1056-44 670-066-00004 Mission or Equivatent Femco $3,35
23 10 6" Cia x Cia #1001-66 670-066-00005 Mission or E uivalenl Fernco $7.73
24 50 6" Cia x 4" DI #1002-65 670-066-00006 Mission or E wvalent Fernco $27.26
25 50 6" Cia x 4" PVC #1002-64 670-066-00007 Mission or E uivaJent Femco $8.41
26 20 6" Cia x PVC #1002-66 670-066-00008 Mission or Equivalent Femco $7.16
27 20 6 "Cia x DIP #1003-66 670-066-00009 Mission or E uivalent Fernco $7,35
28 20 6" PVC x PVC # 1056-66 670-lJ68.OOO10 Mission or Equivalent Femco $7,16
29 20 8" Cia x CI #1001-66 670-066-00011 Mission or Equivalent Fernco $11.90
30 20 8" PVC x PVC #1056-88 670-066-00012 Mission or E uivalent fernco $11.02
31 20 8" Cia x DIP #1003-88 670-066-00013 Mission or E uivalent Fernco $11,90
Sheet 2
Tabulat eet
Page 2 01 24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FmlNGS AND ACCESSORIES
endor
Mainline Supply
Sun Pipe and Valves. LLC.
668 Enterprize
Port St. Lucie, FL. 34188
710 NW Enterprize Dr.
Port SL Lucie, FL. -
Phone (n2) 408-1180
Fax (mI408-1l163
Contad: G Panaluk
Phone (772) 408-5530
Fax (m) 408-5538
contact: Rand Calender
33 20 6" DIP x 6" DIP 67~14 MissiOn Of E u1valenl Femco $7.73
34 10 6' DIP x 6' PVCIPlASTIC 678-068-00019 Mission Of E u1valenl Femco $11.90
35 10 10" CLAY X 10" CLAY 6711-068-00021 MissIOn or E u1valenl Femco $16.55
36 10 4" DIP X DIP 67~17 MissIOn or E u1valenl Femco $3.62
37 10 6" DIP X PVC 67Q-068.00022 Mission or E u1valent Femco $7.73
38 10 6' DIPIC900 x DIPIC900 67Q.068-00028 Mission or E u1valent Femco $11,90
D I ual to Fft Ductile Iron & AC P Pari Numbers for Sun P' Saddles
39 10 67~ $33.69
40 10 670.a;e.00007 $32.38
41 10 67Q-069.00010 $32.38
42 10 67Q-069-00020 $38.98 DR2504471P200
43 5 67~ $32.38 DR250356CC100
44 20 4"x1"CC-R e 4.74-526 67lHl69-00011 $32.38 DR250447CC100
45 10 4"x2"IP-R e 4.74-5.26 67~1 $38.98 DR25044IP200
46 4"x2"IP-Ra e 5.94-6.69 67().()69.00022 $44.55 DR250659lP200
47 2" x 3/4" CC - VarioUS R es 670.a;e.00001 $33.69 DR250235CC075
48 4" x 3/4" CC - Various R. es 67(1.069-00002 $32,36 DR250447CC075
Sheet 2
Tabulation Sheet
Page 3 of 24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
1dor Mainline Supply Sun Pipe and Valves, LLC.
668 Enterprl.e 710 NW Enterp..... Dr.
Port 51. Lucie, FL. 34986 Port St. Lucie, FL. 34986
Phone (7721408-1960 Phone (772) 408-5530
Fax (7721408-1963 Fax (m) 408-5S38
Contact: Gre Panasuk Contact: Rand Calender
49
50 6" x 3/4" CC - Various Ranges 67~9-00004 $37,17 DR250659CC075
51 67~ $43.92 DR250854CC075
52 5 670-069-00009 $32.36 DR250447IP100
53 100 670-069-00024 $44.55 DR250659IP200
54 670-069-00015 DR251064CC100
55 670-069-00016 DR251064CC100
56 12" x 2" IP - R 670-069-00028 DR251262IP200
57 67~9-00017 $60.76 DR250659tP150
58 670-069-00018 $40,37 DR250659IPl50
59 20" x 11/2" IP - No Ra e 67~9-00019 $143.86 DR2W2000IP150
60 B" x 1" IP - Range 9.05-9.63 670-069-00026 $43.92 DR250654IP100
51 12" x 2" CC, Ra e 12.62-14,32 670-069-00030 $69,61 DR251262CC200
52 100 6" x 1" CC Thread - Ra e 6.63-7,50 670-069-00012 $37.17 DR250659CC100
33 20 6" x 2" IP Thread - Ra e 5,94-6.69 670-069-00023 $44,55 DR250659IP200
34 10 B" xl" CC Thread - Ra e 8,54-10,10 670-069-00013 $43.92 DR250654CC100
35 30 8" x 2" IP Thread - Ra e 8.54-10, 10 67~9-ooo25 $51,86 DR25ll854IP200
is 10" x 1" CC Thread - Ra e 10,64,12,12 670-069-00014 $52.20 DR251064CC100
;? 10 10" x 2"IP Thread - Ra e 11.10.12,00 670.069-00027 $60,56 DR251064IP200
Sheet 2
Tabulal eel
Page 4 01 24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FmlNGS AND ACCESSORIES
endor Mainline Supply Sun Pipe and Volv.., LLC.
668 Enterprize 710 NW Enterprize Dr.
Port 51. Lucle. FL. 34988 Port St. Lucle. FL. 34988
Phone (772)408-1960 Phone (772) 408-5530
Fox (772)4OB-1H3 Fox (m) 401-55311
Contoct:G Ponosuk Contoct: Rend Calender
69 217' x2"CC Thread- No R e 67~ $143,88 DR2W2000CC200
70 16" x 2" IP Thread - R .17.40-18.90 67Q.061l.OOO33 $89.00 DR2517401P200
71 18" x 2" IP Tlvead - No e 67ll-lJ6G.Ol1034 $125.96 DRW18OO1P200
72 2I1'x2"IPThread-R 19.25-22.70 67~ $143.88 DR2W2OOOIP200
73 6XllPThread-No e 67~ $37.17 DR2506591Pl00
74 14 x21PThread - No R e 67~7 $89,00 DR2517401P200
75 10 6 x 2 CC Thread - No Ra e 67Q-069.00038 $44.55 DR25069OCC20000
76 5 8x2 CC Thread- No 670-06&-00039 $51,86 DR250854CC200
77 e 67~ $89,00 DR2517401P200
18 e 670-Q69.00041 $60.56 DR251064CC200
FIRE HVDRANT5
led Models: American B-M-B/ CIow Medallion I Mueller S CenIurIon
2 - 2 1/2 . PortI
1-41/2" Por1>
Mccbaoical Joint
5 1I4" Main Seat Valve
79 40 36" Burv 700-057,00084 Mueller $1,106.00 Mueller
Sheet 2
Tabulation Sheet
Page 5 of 24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
ndor Mainline Supply Sun Pipe and Valves, LLC.
668 Enterprize 710 NW Enterprize Dr.
Port SI. Lucie, FL. 34986 Port SI. Lucie, FL. 34986
Phone (n21408-1960 Phone (n2) 408-5530
Fax (n21408-1963 Fax (n21408-5538
Contact: Gre Panasuk Contact: Rand Calender
EM'
80
81
BOLT AND GASKET SET
82 10 4" 670-064-00024 $7,68 Merit-316SSN $26.62
83 10 6" 670-064-00025 Merit. l16SS N $l7,57
84 10 10" 67().Q64.00027 Merit - 31655 N $9l.61
85 10 12" 670.064-00028 Merit~316SSN <ne $95,59
86 10 14" 670.Q64.00029 Meri'.lI6SSN rcue $140,68
87 10 16" 670-064-00030 Mait. 31655 N $185,52
88 10 18" 670-064-00031 Merit - 31655 N cue $ll2,20
89 10 20" 670.064-000l2 Mcnt-316SSN $41J.27
90 10 24" 67().064-000ll Merit. 316SSN cue $506,44
91 10 8" 670-064-00026 Merit. 31685 Neoprene $38.72
MEGA LUGS
92 10 4" 700~O57-00067 $19,95 EBAA Iron, 110400
93 10 6" 700-057-00068 $2l,50 EBAA Iron - 11 OM)() $21 II
94 10 8" 700.057,00099 $l5,OO EBAA Iron ' II 0800 $l2,24
Sheet 2
Tabula, eet
Page (, v, 24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FmlNGS AND ACCESSORIES
Vendor
Mainline Supply
Sun Pipe and Valves, LLC.
668 Enterprize
710 NW Enterprize Dr.
Port St. Lucie, FL 3488&
Port SI. Lucie, FL. 3488&
Phone (7721408-1960
Fax (ml408-1963
Contact: G Panasuk
Phone (772) 408-5530
Fax (n21 408-553lI
Contact:RandCalen~
95 10 10" 700-057-00069 $68.00 EBAA Inla - 11100 $47.72
96 10 12" 700-057-00104 $72.00 EBAA IroD - 111200 $69.40
97 10 16' 700-057,00105 $154.00 EBAAlron-111600 $126.56
98 10 20" 700-057-00106 $237.00 EBAA Iron - 112000 $222.35
99 10 24" 700-057-00107 $273.00 EBAA Iron - 112400 $308,77
MJ GASKETS
100 10 4" 700-057-00110 $2.90 MeritFastcoc::rs
101 10 6' 700-057-00111 $2,95 Merit Fastc:ocn
102 10 6" 700-057-00112 $3.00 Merit Fask:ncrs
103 10 10" 700-057-00113 $4,00 MerilPastc:oers
104 10 12" 700-057-00114 $S.lS MeritFlltmcrS
105 10 14" 700-057-00115 $6.60 Mait Fastc:oers
106 10 16' 700-057-00109 58,10 Merit FastcDels
107 10 16' 700-057-00116 $10.10 Merit Fastalcrs
108 10 20" 700-057-00117 $11.70 MeritFastenc:rs
109 10 24" 700-057-00118 $13,60 MeritFastc:Dcts
Sheet 2
Tabulation Sheet
Page 7 of 24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
ndor Mainline Supply Sun Pipe and Valves, LLC.
668 Enterprize 710 NW Enterprize Dr.
Port St. Lucie, FL. 34986 Port SI. Lucie, FL. 34988
Phone (772) 408-1980 Phone (772) 408-5530
Fax (772) 408-1963 Fax (772) 408-5538
Contact: Gre panasuk Contact: Rand Calender
EM," QTY. MFG
110 10 4" 700-057-00051 Mueller W & L Mueller, 423-500964 $769.42
111 10 6" 700-057-00065 Mueller W & L Mueller. 423.501999 $1,034.96
112 10 B" 700-057-00052 Mueller W & L Mueller - 423-501359 $1,568,30
~ 6"
ROCKWELLREP~RCLAMPS
116 4" 670-070-00001 No Bid No Bid
117 6" 670,070-00002 NoBld No Bid
118 8" 670-07{u)()()()3 No Bid No Bid
119 10" 670-070-00004 No Bid NoBld
120 12" 670-070-00005 No Bid No Bid
121 16" 670-070-00006 No Bid No Bid
122 18" 670-070-00007 NoBld No Bid
123 20" 670-070-00008 No Bid No Bid
Sheet 2
Tabula, eet
Page 8 '" 24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FmlNGS AND ACCESSORIES
endor Malnllne Supply Sun Pipe and Valves, LLC.
668 Entorpriza 710 NW Enlorpriza Dr.
Port SI. Lucio, FL. 34186 Port St. Luclo, FL. 34188
Phone (7721408-11MlO Phone (n21 4lNI-5S3O
Fax (n2140...1l163 Fax (77214011-5538
Contacl:G Panasuk Contad: Rand Calenclor
124
24'
125
36'
lJC153/A21.10 WIACCESSORlES EPOXY COATED
126
10
4"90
127
20
126
10
129
10
130
131
4x4x4TeeMJ
ined
132
6x6x6TeeMJ
ined
133
10
6x6x4TeeMJ
134
4 x h6 Tee MJ
135
h4x4W
Sheet 2
700-057-00012
700-057.00010
700-057-00014
700-057-00013
Ined
700-057,00036
700-057-00002
700-057-00006
700-057-00003
700-057-00077
700-057.00008
E 1ined
1ined
x lined
Tabulation Sheet
Page 9 of24
$100.32
$149.95
$206.45
$307.82
$845.33
$139,39
$219.65
$198.53
No Bid
No Bid
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
ndor Mainline Supply Sun Pipe and Valves, LLC.
668 Enterprize 710 NW Enterprize Dr.
Pori St. Lucie, FL. 3498& Pori 51. Lucie, FL 34986
Phone (7721406-1960 Phone (772) 406-5530
Fax (7721 406-1963 Fax (772) 406-5538
Contact: Greg panasuk Contact: Rand Calender
,'..,,/> ", ~ .-.','1 ,l~"',,~
QTY,
Iiij~' "I'>I\i
",""",,' 'HI"
CAST IRON VAlVE BOX 24' MARKED WATER" MUST BE UNIONITYLER ONLY
136 100 24" - Valve Box Only 610-021,00001 No Bid Tvlec Union 46JS
137 100 1" - Extensions 670-027-00002 No Bid Tylec Union, 145141 $37.95
138 50 id for 1/24 Valve Box - Water (Musl be Iockillli 670-027-00003 No Bid Tyler Union - 145462 $23,93
139 50 id (or 1124 Valve Box - Sewer (Must be 1000'" 610-027-00004 No Bid Tyler Union - 145349 LocIdog $23,93
140 50 Lid (or #24 Valve Box. Water INor>-lockino\ 610-027-00005 No Bid Tyler Umon - 145325 $14.03
141 50 Lid lor #24 Valve Box - Sewer (Non -Iockina) 670-027,00006 No Bid Tyler Union - 145349 $14.03
IARKERS
142 100 Ball Marl<er IWater) 670-080-00001 3M 1423-XRiID $15.25 3M 1423-XRiID No Bid
143 100 Ball Marker (Sewer) 670-080-00002 3M 1424-XRiID $15,25 3M 1424-XRiID No Bid
144 100 Ball Marl<er (Reclaim) 670-080-00003 3M 1428-XRiID $15.25 3M 1428-XRJID No Bid
145 100 APC Marl<er Hioh Ranoe !Waler\ 670-080-00004 No Bid No Bid
146 100 APe Marl<er High Range (Sewer) 670-080-00006 No Bid No Bid
W/ACCESSORIES
""'"'
147 10 3" 670,064-000 11 $12,19 EBAA Iron - 9003SC
148 10 4" 670-064-00012 $14.45 EBAA Iron - 9004SC
149 10 6" 670-064-00013 $18,96 EBAA Iron - 9006SC
150 10 8" 670,064,00014 $21,67 EBAA Iron - !lOO8EC
151 20 10" 670-064-00015 $28,90 EBAA Iron - 9010EC
152 10 12" 670-064-00016 $32,51 EBAA Iron - 9012EC
153 10 16" 670-064-00023 $72,90 EBAA Iron - 9016EC $31.11
-- -
Sheet 2
Tabula. .eel
Page 100(24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FmlNGS AND ACCESSORIES
endor
Mainline Supply
Sun Pipe and Valves, LLC.
Il68 Enterprize
Port St. Lucie, FL. 341188
Phone (772) 408-1960
Fax (m) 408-11163
710 NW EnI8rpf1ze Dr.
Port St. Lucie, FL. 34888
Phone (772) 408-5530
FIX (772) ~8-553lI
Contact: Rand Calender
Contact: G Panasuk
EQUAl W/ACCESSORlES
154 10 4" 67()'082'()()()()2 $32.96 EBAA Iron - l004DSM $31.39
155 10 6" 67().082.()()()()3 $40.64 EBAAIron-lOO6DSM $46.02
156 10 B" 670-082.00004 $59,15 EBAA Iron - l008DSM $57.65
157 10' 670-082.()()()()5 $96,92 EBAAIron-IOIODSM $114,20
156 5 12" 670-082-00006 $109,26 EBAAIron-IOllDSM $126.91
159 3" 670-082'()()()()1 $23.65 EBAA Iron. lOO3DSM $25.83
IES SET LESS GLAND
160 10 4" 670.064-00018 EBAA Imn - 9004EC $10.47
161 10 6" 670.064-00019 EBAA Imn - 9006EC $14.47
162 10 6" 67().064-00020 EBAA Imn - !lOO8EC $18.83
163 10 10' 670-064-00021 EBAA Iron - 9010EC $22,78
164 10 12" 670-064-00022 EBAAlron-9012EC $24.71
Sheet 2
Tabulation Sheet
Page 11 of 24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
,ndor Mainline Supply Sun Pipe and Valves. LLC.
668 Enterprize 710 NW Enterprize Dr.
Port SI. Lucie, FL. 34886 Pori SI. Lucie. FL. 34988
Phone (772) 408-1960 Phone (m) 408-5530
Fax (772) 408-1963 Fax (772) 408-5538
Contact: Gre Panasuk Contact: Rand Calender
165 100 314" x 3" 67(}.077-oooo1 $5,40 Mueller - 213-03-0105 $10,14
166 20 314" x6" 670-077,00002 $10.20 Mueller - 213-06-0105 $18.19
167 20 1/2" x3" 67(}'077-oooo3 $5,30 Mueller - 213-03-0084 $10,01
168 100 1/2" x 6" 67(}.077 -00004 $9,70 Mueller- 213-06-0084 $18,01
169 100 1" x 3" 67(}'077-oooo5 $5,75 Mueller - 213-03-0131 $10.59
170 100 1"x6" 670-077-00006 $11,00 Mueller - 213-06-0131 $18,69
171 20 1114" x 3" 67(}'077,00007 $6.40 Mueller - 213-03-0166 $10.65
172 20 1114" x 6" 670-071-00008 $11.90 Mueller - 21~166 $19.15
173 20 1112"x3" 670-077-00009 $6,75 Mueller - 213-03-0190 $11.96
174 20 11/2" x 6" 67(}.077-oooI0 $13,00 Mueller- 213-06-0190 $22,97
175 50 2" x 3" 67(}'077,0001l $7,10 Mueller - 213-03-0237 $12,37
176 50 2" x6" 670-077-00012 $13.25 Mueller - 213-06-0237 $23.68
177 5 4" 670-026-00001 TRANSIT. No Bid
178 5 6" 670,026,00002 $50,15 No Bid
179 5 3" 700-057-00083 $36,90 No Bid
180 2 10" 700 057-00086 $94.50 No Bid
~EDI CLAMP
Sheet 2
Tabula .eet
Page I,: vI 24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
endor MaInline Supply Sun Pipe and Valv.., LLC.
888 Enterprize 710 NW Enterprize Dr.
Port SI. Lucte, FL. 341186 Port St. Lucte. FL. 34866
Phone (772) 408-11160 Phone (ml408-5530
Fax (772) 408-1163 Fax (772) 408-5538
Contact: G Panasuk Contact: Rand Calender
181 4"
182 6"
IRCLE REPAIR CLAMP
183 #226-023807-00<1 Z' x 7 112" - 2.35-2.63 670-089-00001 Mueller - 500-07-0235 $28.98
184 #~381!HlOO Z' x 10" - 2,35-2.83 670-089-00002 Mueller - 500-1ll-0235 $43,59
185 Z'X15"R e 2,35-2.63 670-089-00003 MudIu - 500-15-0235 $55.43
186 2 2112"x7" e2.30-3.13 670-089-00004 MudIu - 500-07-0270 $29.67
187 2 2 112" x 15' R e2.70-3.13 670-089-00005 Mueller - 500-15-0270 $59.75
188 3"x7112"R e 2.97-325 670-089-00006 Mueller - 500-07-0297 $31.88
189 2 3"x7112"R e 2.46-3.70 670-089-00007 Mueller - 500-15-0346 $63.91
190 3' x 15' Ra e 2.73-4,00 670-089-00008 Mueller - 500-1~73 $86.00
191 3"x 15'R e 2.97-3.25 670-089-00009 Mueller - 500-1:Hl297 $61.83
192 5 3"x 15"R e 3.46-3.70 670-089-00010 Mueller - 500-1!Hl348 $63.91
193 3"x 15"R e 3.96-4.25 670-089-00011 Mueller-500-1~96
194 3-4" x 15" R e 3.73-4.00 670-089-00012 Mueller - 500-07-0373
195 2 4" x 7%" Range 4,74-5,14 670-089-00015 Mueller - 500-07-0474 $36.89
196 4" x 7112" R e 4.95 - 5.35 670-089-00016 Mueller - 500-07-0495 $37.29
197 4'.15"R e 4.45 -4.73 670-089-00017 Mueller- 500-15-0445 $70.17
198 4"x 15R e 4.74 - 5.14 700-057-00070 Mueller- 500-15-0474 $72,93
Sheet 2
Tabulation Sheet
Page 13 of24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
1dor Mainline Supply Sun Pipe and Valves. LLC.
668 Entorp~ze 710 NW Entorp~zo Dr.
Port 51. Lucio, FL. 34986 Port St. Lucie, FL, 34986
Phone (n21 408-1960 Phone (772) 408-5530
Fax (n2) 408-1963 Fax (n2) 408-5538
Contact: Gro Panaauk Contact: Rand Calender
199
100 4" X 15 Ra e4.75-5.14 670-089-00018 Mueller - SCJO.15-0474
101 2 670-089-00019 Mueller - 500-15-0495
102 2 670-089-00020 Mueller - SCJO.07-0684
103 670-089.00021 Mueller - 500-10-0684
104 670-089-00022 Mueller - 5CJO.10-0722 $61.48
105 670-089-00023 Mueller - 500-12-0722 $72.78
!O6 670-089-0002' Mueller - SCJO.1S-06S5 $77.21
~O7 670-089-00025 Mueller - 500-15-0684 $80,92
!08 670-089-00026 Mueller - SCJO.I5-0684 $80,92
'09 6" x 15" li.84-7.64 670-089-00027 MueUer - 500-15.0722 $84.06
~10 6" x 15' Ra 670-089-00028 Mueller- 500-15-0704 $81,97
~11 670-089-00029 Mueller - 500-15-0722 $84.06
:12 670-089,00030 Mueller - 5CJO.30-0792 $216.36
:13 670-089-00031 Mueller - 500-07-0899 $52,08
'14 30x 15 670-089,00032 Mueller - 510-16-3122 $598.77
'15 8" x 1(]' R 8,99 - 9.39 670-089-00033 Mueller ' 500-10-0899
'16 2 670-089.00034 Mueller - 5CJO.10-092S
17 670-089-00035 Mueller - 5CJO.10-0925 $63,34
S heel 2
Tabula .eel
Page 14 vT 24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
Vendor Mainline Supply Sun Pipe and Valves, LLC.
ll68 EnterpJ1ze 710 NW Enterprize Dr.
Port St. Lucie, FL. 34986 Port St. Lucie, FL. 349116
Phone (m)408-111O Phone (n2) 408-5530
Fax (m) 408-1l163 Fax (m) 408-5S38
Contact: Grea Panasuk Contact: Rand Calender
",,~""""'.. .."
218 2 8"x121/2"R......0]ll-10.10 670-089-00036 MueIIer-5Oll-12-OOOO $83.62
'''' .".-.-" ._, .",m . __._,_
220 2 8" x 15" Ranae 0..27 - 0.26 670-0ll9-OOOS4 $83.50 Mueller -5Oll-15-Oll25 $80.18
221 2 10" x 71/2" Ranae 11.04 - 11.44 670-0ll9-OOOS5 IIiiIt Mueller - 5Oll-07 -11 04 $58.08
222 2 10" x 10" Ranae 11,10-11..90 670-089-00056 Mueller - 51ll-1ll-1105 $100.05
223 2 10" x 121/2" Ranae 11.04-11.44 670-089-00057 $87.25 MueIler- 5Oll-12-1104 $87.11
224 2 10" x 121/2" Ranae 11.75-12.15 670-089-00058 $87.25 Mueller- 5Oll-12-1175 $92.48
225 1 10" x 15" Ranae 11.04 -11.44 670-0ll9-OOO38 $110.00 Mueller - 5Oll-15-1104 $100.78
226 1 10" x 15' Ranae 11.10-11.90 670-089-00039 $142.75 Mueller - 5Oll-15-1105 $152,42
227 2 10" x 15" Renae 11,34 -11.74 670-089-00040 $110.00 Mueller - 5Oll-15-1137 $112,17
228 2 10" x 15" Ranae 11,75 -12.15 670-089-00041 $110.00 Mueller - 5Oll-15-1175 $114.58
229 2 18" x 15" Ranae 10.23 -19,98 670-089.0Q042 $261,00 Mueller - 51ll-15-1922 $285.20
230 2 10" x 10" Ranae 11.34-11.74 670-089.0Q043 $75,90 Mueller - 5Oll-1ll-1137 $n.57
231 2 12" x 15" Ranae 13,10 -13.50 670-089-00044 $126.70 Mueller- 5Oll-15-1314 $126.40
232 2 12" x 18" Ranae 12.62-13.02 670-0ll9.0Q045 $126.70 Mueller - 5Oll-15-1260 $122.90
233 2 12" x 20" Ranae 13.10 -13.50 670-0ll9-00046 $167.30 Mueller - 5Oll-20-1314 $207.21
234 1 16x 30 Ranae 17,15 - 17.90 670-089-00069 $536.00 Mueller - 51ll-3O-172O $913.13
235 1 20 x 30 Ranae 21,52 - 22.27 670-089-00070 $620.00 Mueller - 51ll-JO.2145 $768.12
236 2 16" x 15' Rame 17.85 670-089-00047 $242,00 Mueller - 51ll-15-172O $270,28
Sheet 2
Tabulation Sheet
Page 15 of24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
ndor Mainline Supply Sun Pipe and Valves, LLC.
668 Enterprize 710 NW Enterprize Dr.
Port SI. Lucie, FL. 34986 Port SI. Lucie, FL. 34986
Phone (n2) 408-1960 Phone (772)408-5530
Fax (772) 408-1963 Fax (n2) 408-5538
Contact: Gre Panasuk Contact: Rand Calender
237 10"x 10"Ra e 11.04.11.44 670-089-00048 $75.90 Mueller - 500-10-1104 $75,77
238 20"x15"Ra e 21.52 - 22,27 670-089-00049 $270,00 Mueller. 510-15-2145 $301,90
239 22"x 15"Ra e 22.72.22.87 670-089-00050 $270.00 Mueller. 510-15-2220 $303.09
240 24" x 24" R e 25.70.26,90 670-089-00051 $850.00 Mueller. 510-24-2566 $1,091.10
241 30"x30"Ra e 31.14 - 32,34 670-089-00052 NeBld Mueller. 510-30-3122 $1,602,96
242 42"x30" R e 43.90.45,10 670-089-00053 NeBld Mueller NeBld
243 8x24Ra e 8.99.9,39 670-089-00067 Mueller - 500-24-0899 $180.63
244 10x24 Ra e11.04-11.94 670-089-00068 Mueller - 500-24,1104 $204.24
.UE W/O WHEEL
245 4" 700-057.{)()()45 Mueller Mueller - 040A236023LN $290.81
246 6" 700-057,00046 Mueller Mueller. O6OA236023LN $370.93
247 8" 700-057-00049 Mueller Mueller. 080A236023LN $590.76
248 10" 700-057-00050 Mueller Mueller - 100A236023LN $921,12
ILE IRON EPOXY COATED
:E1 6X4 WI accessories
8X4 W' accessories
250 5
Sheet 2
Tabulal eet
Page lb v, 24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
endor Mainline Supply Sun Pipe and Valves, LLC.
688 Enterprize 710 NW Enterprize Dr.
Port 51. Lucie, FL. 34188 Port 51. Luc:le, FL. 34188
Phone (n21406-1HO Phone Iml 408-5530
Fax Iml406-111t3 Fax (772) 401-5538
Contact:G Pana.uk Contact: Rand Calender
DUCTILE IRON EPOXY COATED
251
8X4
700-057-00030
252
8X4
700-057-00031
253
5
10X8
700-057-00034
254
8X8
700-057-00100
255
6x6x6
4X4X4
258
257
6x6x6
8x8x8
258
18x16x16
259
10xl0x8
260
Sheet 2
DUCTILE IRON FLANGED TEElEPOXY COATED
Union Cll0 128083
Union Cll0 128021
UnionCll0128188
Union Cll0 128120
W, accesso~es
WI accessories
DUCTILE IRON FLANGED WYElEPOXY COATED
WI accesso~es
Tabulation Sheet
Page 17 of 24
Union Cll0 124238
Union 397953
Tyler Union Cll0 126485
Tyler Union 397485
$183.15
$108.77
$228.62
$177.94
264 10 6" 700.057-00015 WI accessories
265 10 4" 700.057,00016 WI accessories
266 10" 70~O57.00018 WI accessories $269,28
ED ELBOWSJEPOXY COATED
267 24 4" 700-057-00019 T '" Union C110 123330 $95,57
268 8" 700,057-00020 $214.90
269 24 6" 700-057,00021 T '" Union C110 123354 $139,39
DUCTILE IRON 45 MJ ELBOWSJEPOXY COATED
270 24 e- 700-057-00022 WI accessories $111,00 er Union C153 397564
271 24 4" 700-057-00023 W f accessories $75,20 er Union C153 397472
272 10" 700-057-00024 WI accessories $208,00 er Union C153 397618
273 8" 700,057,00025 W f accessories $147.00 er Union C153 397274
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
ndor Mainline Supply Sun Pipe and Valves, LLC.
668 Enterprize 710 NW Enterprize Dr.
Port SI. Lucie, FL. 34986 Port SI. Lucie, FL, 34986
Phone (7721408-1960 Phone (7721408-5530
Fax (7721 408-1963 Fax (m) 408-5538
Contact: Gre Panasuk Contact: Rand Calender
261
262
263
4"
700-057,00011
24
8"
e-
700-057-00017
700-057-00075
Tyler Union C110 121695
24
Sheet 2
Tabula eel
Page Ill.,. 24
$107,18
$259.78
$158.40
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FmlNGS AND ACCESSORIES
endor Mainline Supply Sun Pipe and Valve.. LLC.
8811 Enterprize 710 NW Enterprlze Dr.
Port St. Lucte, FL. 341188 Port St. Lucte, FL. 341188
Phone In214O&-11H1O Phone (772) 401-5530
Fax 1112140&-1883 Fax (772)408-5538
Contac:1:G Panasuk Contact: Rand C.-
274
275
10
6"
700-057.00026
2
6"
700-057-00027
276
10
700-057-00061
4'
277
6'
700-057-00098
276
6"
1(1'
279
260
6'
281
4X4
Sheet 2
WI accessories
Union Cl53 395362
Union ClIO 123637
Union ClIO 123851
WI accessories
Union Cl53 397328
WI accessor1es
Union Cl53 395386
DUCTILE IRON MJX FLANGED ADAPTERlWPOXY COATED
WI accessoric:s
Union C153 395515
Tabulation Sheet
Page 19 of24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
ndor Mainline Supply Sun Pipe and Valve., LLC.
668 Enterprize 710 NW Enterprize Dr.
Pori St. Lucie, FL 34988 Pori SI. Lucie. FL 34988
Phone (7721408-1980 Phone (7721 408-5530
Fax (772) 408-1983 Fax (772) 408-55311
Contact: Gre Panasuk Contact: Rand Calender
'eMti QTY.
282 10"MJ 7QO.05700039 WI accessories
283 10 8"MJ 7QO.057-00040 WI accessories
284 6"C 110 700-057-00037 No Bid
285 24 6"MJ 7QO.057-00041 W/accc:ssories $93,00 T or Union C153 395690
286 12 4" FLANGED 700.057-00042 $125.00
287 12 4"MJ 7QO.057-00043 WI accessories $62.00 T or Union C153 395683
288 16"MJ 700-057-00108 WI accessories $539.00 T or Union C153 398929
DUCTILE IRON RISERS AND SPOOL PIECESlEPOXY COATED FOR AMERICAN DARLING HYDRANTS
289 12 4" SPOOL PlECE (12" HEIGHT) 7QO.057-00044 No Bid Mueller A320-00 No Bid
290 12 6" HYDRANT RlSER 700-057-00062 Mueller $212,53 No Bid
291 12 18" HYDRANT EXTENSION 700-057-00094 Mueller $282,93 No Bid
292 12 12" HYDRANT RISER 7QO.057-00125 Mueller $249,91 No Bid
293 12 24" HYRDANT RlSER 700 057-00122 Mueller $318,24 No Bid
~ 4" Mueller Mueller 040A236006lli
295 12 6" Mueller 060A236006LH
Sheet 2
Tabula, eet
Page 2v vi 24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FmlNGS AND ACCESSORIES
endor Mainline Supply Sun Pipe and Valv.., LLC.
668 Enterprize 710 NW Enterprize Dr.
Port Sl Lucie, FL 34986 Port St. Lucle, FL 34986
Phone (772) 408-1960 Phone (ml401-553O
Fax (7721401-1913 Fax (772) 401-5538
Contact: Gre Panasuk Contact: Rand Calender
296 80 700-057.00055 No Bid
297 50 700-057-00087 No Bid
298 700-057-00130 No Bid
299 700-057-00131 No Bid
300 36> 15 with 11/2 IPT 670-089-00078 No Bid No Bid
301 UCI1LE IRON EPOXY COATED FLANGED 700-057-00059 No Bid
302 ' DUCI1LE IRON EXPOXY COATED CROSS 700-057-00080 No Bid
303 6' - 8' TEST BAU.S 700-057-00090 No Bid 0.
304 8' - 12' TEST BAU.S 700-057.00091 No Bid Oa
305 12' - 18' TEST BAU.S 700-057-00092 No Bid Oa
306 15' - 30' TEST BAU.S 700-057.00093 No Bid Oa
307 DESERK FLANGED PWG VALVE EPOXY 700-057-00102 No Bid
306 700-057-00120 No Bid
309 24 SEIZE SEALING COMPOUND FOR "YO 700-057-00121 No Bid
310 12 FLANGED X 4' FEMALE CAMLOCK FITIlN 700-057-00138 No Bid
311 12 FLANGED X 6' FEMALE CAMLOCK FITIlN 700-057-00139 No Bid
312 6 MJ DUCI1LE IRON REDUCER EPOXY COA 700-057,0014Q $110,00
Sheet 2
Tabulation Sheet
Page 21 of24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
mdor Mainline Supply Sun Pipe and Valve., LLC.
668 Enterprize 710 NW Enterprize Dr.
Port St, Lucie, FL. 34986 Pori St. Lucie, FL. 34986
Phone (772) 408-1960 Phone (772) 408-5530
Fax (772)408-1963 Fax (772) 408-5538
Contact: Gre Panasuk Contact: Rand Calender
DUCTILE IRON EPOXY COATED SPACERS I CAPS I PLUGS
313 12 6" MJ SaUD CAP 700-057,00124 No Bid ler Union 398707
314 12 6X2MJTAPCAP 700-057-00126 No Bid T let Union
315 12 4X 2 PLUG BY TAP 700-057-00127 No Bid T lei' Union
316 12 4" MJ SaUD PLUG 700-057-00128 No Bid Tyler Union $39.07
317 12 6" MJ SaUD PLUG 7()(}"O57-00129 No Bid T er Union $63,36
318 12 4" SPACER 700-057-00135 No Bid No Bid
319 12 6" SPACER 700-057,001l6 No Bid No Bid
320 12 6" SPACER 700-057,00137 No Bid No Bid
321
322 4" Ra 04,47, 5.278 670-089-00071 NO Bid
323 8"Ra o 8,60 . 9.40 670-089,00072 No Bid
324 lCY'Ra 010,73-11,53 670-.89-00073 No Bid
325 12" Ra 012,75 -13,55 670-089-00074 No Bid
326 1 1/2 Ra 01.61-2,13 670-089-00075 No Bid
327 2" Ra 02.10-3,13 670-089 00076 No Bid
328 3"Ra e 3.40 - 4.33 670-089-00077 No Bid
S heel 2
Tabula .eel
Page 2", ,,1 24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FmlNGS AND ACCESSORIES
endor
Mainline Supply
Sun Pipe and Valves, LLC.
668 Enterprize
710 NW Enterprize Dr.
Port St. Luclo. FL. 34986
Port SI. Lucio, FL 34888
Phone (n2) 406-1880
Fax (n2) 408-1983
Contad: G Panasuk
Phone (n2) 408-S53O
Fax (772) 408-55311
contact: Rand Calender
HYMAX FLANGE ADAPTERS
329 2"R e2.10.3.40 670-089-00061 No Bid
330 3"R e2.1~.33 670-089-00062 No Bid
331 4"R e2.10-5.11 670-089-00063 No Bid
332 6"R e2.10-7.68 670-089-00064 No Bid
333 8"R e2.10-9.84 670-089-00065 No Bid
334 1112Ra e 2.10-2,60 670-089-00066 No Bid
PVC C.fOO CLASS 150 FITTINGS
335 10 6"22 658-088-00002 324-060 $50.93
336 10 8"22 658-088-00003 $96.99
337 10 4"45 658-088-00004 322-040 $29.36
338 10 8"45 658-088-00005 322-060 $50.93
339 10 4"x4"W 658-088-00007 $40,45
Sheet 2
Tabulation Sheet
Page 23 of 24
CITY OF BOYNTON BEACH
PROPOSAL FOR PIPE FITTINGS AND ACCESSORIES
ndor
341 10 8"X8"W 658,088-00009
342 10 4" 90' Elbow bell to bell 658,088-00010
343 10 4" 22,S" Elbow bell to bell 658,088-00011
344 10 8" 90' Elbow bell to bell 658-088-00013
345 10 4" Cleaooul Ada Ie< 658-088-00015
346 10 4" C;eaooul Ca 658-088-00016
347 10 8" C;eaooul Ad ter 658-088-00017
348 10 8" Cleaooul Ca 658-088-00018
349
1 allon cans Pi e Lube
Sheet 2
Mainline Supply
688 Enterprize
Pori St. Lucle, FL. 34986
Phone (772) 408-1960
Fax (772) 408"1963
Contact: Greg Panasuk
Sun Pipe and Valves, LLC.
710 NW Enterprize Dr.
Pori 51. Lucie, FL. 34986
Phone (772) 408-5530
Fax (772) 408-5538
contact: Rand Calender
MF.G
$91.12
Haroo Onl 301-0806 $134.37
Harco Onl 318-040 $29,36
Harro Onl 324-040 $28,82
Haroo On! 318-060 $52,28
Harco Only 359-040 $4.42
Haroo On! 261-040 $1.73
Harco 0Dl 359-060 $14,28
Haroo On! 261-060 $651
Tabu\. leet
Page L.. vI' 24
. VI.-CONSENT AGENDA
ITEM 8.2
CITY OF BOYNTON BEACH REVISED
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meetin2 Turned in to City Clerk's Turned in to l&m!! Turned in to Procurement
Dates Office
Jul 7,2009 JWle 15,2009 JWle 10,2009 JWle 8, 2009
1, 2009 JWle 29, 2009
4,2009 15,2009
18,2009 3,2009
0 AnnoWlcementslPresentations 0 Ci er'sR
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent enda 0 al
0 0 Unfinished Business
0 Public H 0
RECOMMENDATION: A Motion to award a contract for RFP#056-1610-o9/CJD, "GROUP BENEFITS: MEDICAL
CLAIMS ADMINISTRATIVE (TPA) SERVICES AND/OR FULLY INSURED PLANS, FULLY INSURED DENTAL
AND VISION" to Florida Combined Life Insurance Company, Inc. (Blue Cross and Blue Shield of Florida, Inc.) for
Medical Coverage and Humana "CompBenefits" for Vision and Dental Coverage.
EXPLANATION: On June 29, 2009, Procurement Services received and opened nine (9) proposals. The proposals were
evaluated by a Review Committee consisting of Marylee Coyle, Human Resources Assistant Director, ShaIyn Goebelt,
Human Resources Director, and Patricia Sholos, Benefits Administrator. After a thorough review and analysis of each
vendor's proposal the City's benefit consultant Willis of Florida provided technical expertise to the Review Committee.
Willis explained that there was a significant cost saving to the City by staying with a fully insured Medical Plan.
On July 13,2009, the Review Committee met to review, screen and rank the proposal at a public meeting. There were five
(5) self funded and three (3) fully insured proposals submitted to the City for Medical Insurance by the following vendors:
. Blue Cross Shield of Florida (BCBS) - self funded and fully insured
. CIGNA Health Care (CIGNA) - self funded and fully insured
. First Service Administrators, Inc. (FSAI) - self funded
. Humana Health Insurance Company of Florida, Inc. (Humana) - self funded and fully insured
. The Loomis Company (Loomis) - self funded
There were five (5) proposals submitted to the City for Dental Insurance (fully insured) by the following vendors:
. Metropolitan Life Insurance Company (Met1ife)
. Florida Combined Life (BCBS)
. CIGNA Health Care (CIGNA)
. Delta Dental Insurance Company
. Humana Comp Benefits
There were five (5) proposals submitted to the City for Vision Insurance (fully insured) by the following vendors:
. Humana Comp Benefits
. CIGNA Health Care (CIGNA)
. Safeguard - Metropolitan Life Insurance Company (Metlife)
. Vision Service Plan Insurance Company (VSP)
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
All rater's ranking points were tabulated on the attached fonus. The Review Committee recommended selecting the vendor
with the highest average score. Attached are the signed selection fonus for Medical, Dental and Vision. The recommended
vendors are as follows:
. Medical- Blue Cross Blue Shield of Florida (BCBS) - fully insured
. Dental- Humana Comp Benefits - fully insured
. Vision - Humana Comp Benefits - fully insured
Medical:
Blue Cross Blue Shield of Florida (BCBS) is the current medical provider for the City. There are no reductions in benefits.
The projected increase was estimated at 23% based on the claims data. Due to the ability of Blue Cross Blue Shield of
Florida to control costs through its network discounts they were able to bring down the increase from 23% to 10.9%
Dental:
Humana Comp Benefits was selected because they offer a broad network and deep discounts. The committee believes that
they will do the best job managing claims dollars. Our current vendor Metlife proposed a 6% increase in premium versus
Humana Comp Benefits decrease in premium of -5.11 %.
Vision:
Humana Comp Benefits, our current vendor was selected because we have been very satisfied with their customer services
and network, and very pleased with a reduction in their renewal premium of -9.68%.
INSURANCE COMMITTEE:
On Wednesday, July 15,2009, a publically noticed Insurance Committee meeting was conducted to discuss the Review
Committees rankings. Present at the meeting were the follow Insurance Committee members:
Sharyn Goebelt, Human Resources Scott Blasie, Code Compliance
Marylee Coyle, Human Resources Gary Chapman, Police
Patricia Sholos, Human Resources Larry Lederhandler, Fire
Carol Doppler, Finance Robert Krause, Fire
Tim Howard, Finance Juan Julia, Fire
Kalem Mahdi, Blue Collar
The Insurance Committee members agreed with the Review Committee to recommend Blue Cross Blue Shield of Florida
(BCBS) for our Medical plan, Humana Comp Benefits for our Dental plan and Humana Comp Benefits for our vision plan.
PROGRAM IMPACT: The City of Boynton Beach is committed to effective management of their health care plan by
ensuring appropriate cost management techniques and better understanding of the factors that drive health care costs. The
City has approximately 970 employees covered under their medical plan that includes phanuacy benefits. When spouse and
children are included with employees, the total number of covered lives has been an average of approximately 1663.
The current recommendation has a minimal program impact; Medical and Vision Coverage would continue with the City's
current providers. Dental provider would change but the City expects a smooth transition since the new Dental provider is
our current vision provider.
FISCAL IMPACT: The fiscal impact based on monthly premium will be an increase of the employee rate for Medical
Coverage of 10.9%, for Dental Coverage a decrease of 5.11 % and a decrease for Vision Coverage of 9.68%. These changes
were taken into account for the preparation of the FY 09/1 0 budget.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Attached is a spreadsheet showing the overall cost associated with the recommended medical, dental and vision insurance
plans categorized by fund. The spreadsheet includes FY08/09 projected expenditures, the FY 09/1 0 budgeted amounts, and
estimated cost for the recommended plans.
AL TERNA TIVES: There are no alternatives. L
~,
!
/ .-J--
'LZ
/ .
i
/
I' ... City Manager's Signature
~ [jJ "~4~/~Q
Procurement Services
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
CITY OF BOYNTON BEACH, FLORIDA
DETAIL EXPENDITURES
BUDGET YEAR 2009/2010
2008/09 2009/10 2009/10 Budget
Current PROPOSED REVISED PROPOSED Increase
ACCOUNT NUMBER ACCOUNT DESCRIPTION Budaet Budaet Budaet* (Decrease)
GENERAL FUND HEALTH INSURANCE 3,454,270 4,068,595 3,741,982 (326,613)
FEDERAL GRANTS HEALTH INSURANCE 0 0 12,648 12,648
COMMUNITY IMPROVEMENTS HEALTH INSURANCE 28,513 34,215 31,621 (2,594)
PUBLIC ARTS FUND HEALTH INSURANCE 5,703 6,843 6,324 (519)
FIRE ASSESSMENT CAPL FUND HEALTH INSURANCE 0 0
WATER & SEWER REV FUND HEALTH INSURANCE 923,807 992,237 916,997 (75,240)
GOLF COURSE FUND HEALTH INSURANCE 136,861 150,546 151,779 1.233
SANITATION FUND HEALTH INSURANCE 286,837 340,783 318,103 (22,680)
MASS TRANSIT FUND HEALTH INSURANCE 22,810 27,372 25,296 (2,076)
VEHICLE SERVICE FUND HEALTH INSURANCE 74,133 82,116 82,214 98
WAREHOUSE FUND HEALTH INSURANCE 28,513 34,215 31,62 ] (2,594)
SELF INSURANCE FUND HEALTH INSURANCE 22,810 27,372 25,296 (2,076)
BB MEMORIAL PARK FUND HEALTH INSURANCE 19,959 23,951 22, 1 34 ( 1,817)
TOTAL 5,004,216 5,788,245 5,366,016 ( 422,229)
GENERAL FUND DENTAL INSURANCE 259,224 256,957 211,131 145,826)
FEDERAL GRANTS DENTAL INSURANCE 0 0 713 713
COMMUNITY IMPROVEMENTS DENTAL INSURANCE 2,100 2,160 1,783 (377)
PUBLIC ARTS FUND DENTAL INSURANCE 420 420 357 (63)
FIRE ASSESSMENT CAPL FUND DENTAL INSURANCE 0 0
WATER & SEWER REV FUND DENTAL INSURANCE 65,100 62,651 51,695 (JO,956)
GOLF COURSE FUND DENTAL INSURANCE 10,080 9,506 8,556 (950)
SANITATION FUND DENTAL INSURANCE 21,126 21,734 17,933 (3,801 )
MASS TRANSIT FUND DENTAL INSURANCE 1,680 1,728 1,426 (302)
VEHICLE SERVICE FUND DENTAL INSURANCE 5,460 5,185 4,635 (550)
WAREHOUSE FUND DENTAL INSURANCE 2,100 2,160 1,783 (377)
SELF INSURANCE FUND DENTAL INSURANCE 1,680 1,728 J,426 (302)
BB MEMORIAL PARK FUND DENTAL INSURANCE 1,470 1,512 1,248 (264)
TOTAL 370,440 365,741 302,685 (63,056)
GENERAL FUND VISION INSURANCE 33,948 35,633 27,857 17,776)
FEDERAL GRANTS VISION INSURANCE 0 0 94 94
COMMUNITY IMPROVEMENTS VISION INSURANCE 275 299 235 (64)
PUBLIC ARTS FUND VISION INSURANCE 55 55 47 (8)
FIRE ASSESSMENT CAPL FUND VISION INSURANCE 0 0
WATER & SEWER REV FUND VISION INSURANCE 8,526 8,683 6,821 (1,862)
GOLF COURSE FUND VISION INSURANCE 1,320 1,318 1,129 1189)
SANITATION FUND VISION INSURANCE 2,767 3,013 2,366 (647)
MASS TRANSIT FUND VISION INSURANCE 220 240 188 (52)
VEHICLE SERVICE FUND VISION INSURANCE 715 719 612 (107)
WAREHOUSE FUND VISION INSURANCE 275 299 235 (64)
SELF INSURANCE FUND VISION INSURANCE 220 240 188 (52)
BB MEMORIAL PARK FUND VISION INSURANCE 193 210 165 (45)
TOTAL 48,514 50,709 39,937 (10,772)
* - July 15,2009 revised health benefit rates recommended by Review & Insurance Committee
C'\Documents and Settings\howardt\LocaJ Settings\Temporary Internet Files\OLKA3\Health Benefits (2):Health Benefits
1
2 RESOLUTION NO. R09-
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, AWARDING A
7 CONTRACT FOR RFP #056-1610-09/CJD "GROUP
8 BENEFITS: MEDICAL CLAIMS ADMINISTRATOR
9 (TP A) SERVICES AND/OR FULLY INSURED PLANS,
10 FULLY INSURED DENTAL AND VISION" WITH BLUE
11 CROSSIBLUE SHIELD OF FLORIDA, INC., FOR
12 MEDICAL COVERAGE; AND PROVIDING AN
13 EFFECTIVE DATE.
14
15
16 WHEREAS, on June 29, 2009, Procurement Services received and opened nine (9)
17 proposals which were reviewed by the review committee and sent to the City's Consultant,
18 Willis of Florida for technical expertise; and
19 WHEREAS, the City Commission of the City of Boynton Beach, upon
20 recommendation of staff, deems it to be in the best interests of the residents and citizens of the
21 City of Boynton Beach to award a Provider Agreement with Blue Cross/Blue Shield of Florida
22 medical plan for a one year term commencing October 1,2009, with three additional one (1)
23 year renewal options for all city employees.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
27 as being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
29 Section 2. The City Commission of the City of Boynton Beach, Florida does
30 hereby award a Provider Agreement with Blue Cross/Blue Shield of Florida medical plan for a
S:\CA\RESO\Agreements\BCBS Health Benefits 2009-10.doc
- I -
I
1 one year term commencing October 1, 2009, with three additional one (1) year renewal
2 options for all city employees, a copy of which is attached hereto as Exhibit "A".
3 Section 3. The City Manager and City Clerk are authorized to execute the
4 Provider Agreement with Blue Cross/Blue Shield of Florida.
5 Section 4. That this Resolution shall become effective immediately upon passage.
6 PASSED AND ADOPTED this _ day of August, 2009.
7
8 CITY OF BOYNTON BEACH, FLORIDA
9
10
1 I Mayor - Jerry Taylor
12
13
14 Vice Mayor- Woodrow L. Hay
15
16
17 Commissioner - Ronald Weiland
18 I
19
20 Commissioner - Jose Rodriguez
21 I
22
23 Commissioner - Marlene Ross
24
25 ATTEST:
26 ,
27 I
I
28 I
29 Janet M. Prainito, CMC I
30 City Clerk
31
32
33 (Corporate Seal)
34
I
I
S:\CA \RESO\Agreements\BCBS Health Benefits 2009-1 O.doc
- 2.. I
I
PROVIDER AGREEMENT FOR
"GROUP BENEFITS: MEDICAL CLAIMS ADMINISTRATOR (TP A) SERVICES
AND/OR FULLY INSURED PLAN, FULLY INSURED DENTAL AND VISION"
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and Florida Combined Life Insurance Company. Inc. (Blue Cross and Blue
Shield of Florida., Inc.), hereinafter referred to as "the Provider", in consideration of the mutual
benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Provider is retained by the City to perform PROVIDER
services in connection with the project designated.
2. SCOPE OF SERVICES. Provider agrees to perform the services, identified on Exhibit "A"
attached hereto and incorporated herein by reference, including the provision of all labor,
materials, equipment and supplies. No modifications will be made to the original scope of
work without the written approval ofthe City Manager or his designee.
3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Provider to proceed. Provider shall perform all services and
provide all work product required pursuant to this agreement.
4. TERM: October 1, 2009 through September 30, 2010 with three (3) additional one (1) year
renewals.
5. PAYMENT. The Provider shall be paid by the City for completed work and for services
rendered under this agreement as follows:
Monthly basis per eligible employee and dependent for medical coverage invoiced by
provider.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Provider in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Provider shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Provider's endeavors.
7. COMPLIANCE WITH LA WS. Provider shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
8. INDEMNIFICATION. Provider shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Provider's own employees, or damage to
property occasioned by a negligent act, omISSIon or failure of the Provider.
CA-I
9. INSURANCE. The Provider shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
10. INDEPENDENT CONTRACTOR. The Provider and the City agree that the Provider is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Provider nor any employee of Provider shall
be entitled to any benefits accorded City employees by virtue of the services provided under
this agreement. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to Provider, or any
employee of Provider.
11. COVENANT AGAINST CONTINGENT FEES. The Provider warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Provider, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Provider, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
12. DISCRIMINATION PROHIBITED. The Provider, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
13. ASSIGNMENT. The Provider shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other provision.
CA-2
15. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving ten
(10) days written notice to the Provider.
b. In the event of the death of a member, partner or officer of the Provider, or any of its
supervisory personnel assigned to the project, the surviving members of the Provider hereby
agree to complete the work under the terms of this Agreement, if requested to do so by the
City. This section shall not be a bar to renegotiations of this Agreement between surviving
members of the Provider and the City, ifthe City so chooses.
16. DISPUTES. Any disputes that arise between the parties with respect to the performance
of this Agreement, which cannot be resolved through negotiations, shall be submitted to
a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall
be construed under Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Provider shall be sent to the following address:
~)
Florida Combined Life Insurance Company, Inc. (Blue Cross Blue Shield of
Florida)
5011 Gate Parkway, Bldg. 200, Suite 300
Jacksonville, FI 32256
Attn: Hank Reed
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Provider and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Provider.
DATED this _ day of ,20_.
CITY OF BOYNTON BEACH
City Manager Provider
CA-3
Attest! Authenticated:
Title
(Corporate Seal)
City Clerk
Approved as to Form: Attest! Authenticated:
Office of the City Attorney Secretary
Rev. 1/22/91
CA-4
EXHIBIT "A"
~cope of Services
.
.
CA-5
SCOPE OF SERVICES
MEDICAL PLAN
EXHIBIT A
Blue Cross/Blue Shield of FL (BCBS)
FY 2009/2010 City of Boynton Beach
Blue Options
Standard Plan 1748
I Provider Network I Network Blue
Maximum Benefit $5M
Basic, Preventive and Diagnostic
Open Access to Primary Care Physician/Specialist Yes
TesVSurgerv Approval Required Yes
1M. GP, FP, Pedi OV Co-pay $10
Specialist OV Co-pay $20
Adult WellnesslPhysical Exam Annual benefit Unlimited
Mammogram $0
Independ Clincial Lab CoPay (Quest) $0
Independ Diagnostic Testing Fac. Co-pay $50
Prescription Co-pays $10/25/40
Mail Order Pharmacy 90 day supply/ 2 copays $20/50/80
Expenses Subject to Deductiblel Coinsurance: Physician services
services outside office (surgery, anesthesia, radiology, pathology, ER)
Ambulance, DME, HHC, Therapy
Calendar year deductible (individual) $0 Inl $500 Out
Calendar year deductible (family) $0 in-network/$1500 non-network
Coinsurance (in-network after deductible) 0% nf
Physician services at hospital $0 dedi 0% coins
Physician services Ambulatory Surgical Ctr. $20
Coinsurance (out of-network after deductible) 40% + bb
F acili Billed Services: Varies b
Hospital inpatient copay/admit $250/$500
Outpatient SurgeryfTest Copay $100/$200
Emer ency Room Copay $501 $100
Ambulatory Surgical Center Copay $50
Maximum out of Pocket: Inl Out of Network I 5-$1500/ $3000 I
(on ded/coins/non-rx copays) f -$3000/$6000
Note:
Official Schedule of Benefits will be provided at Open Enrollment.
Medicare Blue Scope of Services for retirees remains the same.
. MEDICAL
2009/2010 Monthly
Premium Rates
Blue Cross Blue Shield of Florida
EE Only 527.01
EE + Spouse 1,021.63
EE + Child(ren) 946.17
Family 1,175.26
share/HRlBenefits/RFP Medical Dental VisionlRate Renewal Exhibit A MedicaLxls
II
] I
2 RESOLUTION NO. R09-
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, AWARDING A
7 CONTRACT FOR RFP #056-1610-09/CJD "GROUP
8 BENEFITS: DENTAL CLAIMS ADMINISTRATOR
9 (TP A) SERVICES AND/OR FULLY INSURED PLANS,
]0 FULLY INSURED DENTAL AND VISION" WITH
] I HUMANA COMPBENEFITS, FOR DENTAL
12 COVERAGE; AND PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS, on June 29, 2009, Procurement Services received and opened nine (9)
16 proposals which were reviewed by the review committee and sent to the City's Consultant,
17 Willis of Florida for technical expertise; and
18 WHEREAS, the City Commission of the City of Boynton Beach, upon
19 recommendation of staff, deems it to be in the best interests of the residents and citizens of the
20 City of Boynton Beach to award a Provider Agreement with Humana CompBenefits dental
21 plan for a one year term commencing October 1, 2009, with three additional one (1) year
22 renewal options for all city employees.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
26 as being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
28 Section 2. The City Commission of the City of Boynton Beach, Florida does
29 hereby award a Provider Agreement with Humana CompBenefits dental plan for a one year
S:\CA \RESO\Agreements\Dental Health Benefits 2009-1 O.doc
- 1 -
1 term commencing October 1, 2009, with three additional one (1) year renewal options for all
2 city employees, a copy of which is attached hereto as Exhibit "A".
3 Section 3. The City Manager and City Clerk are authorized to execute the
4 Provider Agreement with Humana CompBenefits.
5 Section 4. That this Resolution shall become effective immediately upon passage.
6 PASSED AND ADOPTED this _ day of August, 2009.
7
8 CITY OF BOYNTON BEACH, FLORIDA
9
10
11 Mayor - Jerry Taylor
12
13
14 Vice Mayor - Woodrow L. Hay
15
16
17 Commissioner - Ronald Weiland
18
19
20 Commissioner - Jose Rodriguez
21
22
23 Commissioner - Marlene Ross
24
25 ATTEST:
26
27
28
29 Janet M. Prainito, CMC
30 City Clerk
31
32
33 (Corporate Seal)
34
S:\CA \RESO\Agreements\Dental Health Benefits 2009-1 O,doc
- 2 -
PROVIDER AGREEMENT FOR
"GROUP BENEFITS: MEDICAL CLAIMS ADMINISTRATOR (TPA) SERVICES
AND/OR FULLY INSURED PLAN, FULLY INSURED DENTAL AND VISION"
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and Humana "CompBenefits", hereinafter referred to as "the Provider", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Provider is retained by the City to perform PROVIDER
services in connection with the project designated.
2. SCOPE OF SERVICES. Provider agrees to perform the services, identified on Exhibit "A"
attached hereto and incorporated herein by reference, including the provision of all labor,
materials, equipment and supplies. No modifications will be made to the original scope of
work without the written approval of the City Manager or his designee.
3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Provider to proceed. Provider shall perform all services and
provide all work product required pursuant to this agreement.
4. TERM: October 1,2009 through September 30,2010 with three (3) additional one (1) year
renewals.
5. PAYMENT. The Provider shall be paid by the City for completed work and for services
rendered under this agreement as follows:
Monthly basis per eligible employee and dependent for dental coverage invoiced by provider.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Provider in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Provider shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Provider's endeavors.
7. COMPLIANCE WITH LAWS. Provider shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
8. INDEMNIFICATION. Provider shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Provider's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Provider.
CA-I
9. INSURANCE. The Provider shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
10. INDEPENDENT CONTRACTOR. The Provider and the City agree that the Provider is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Provider nor any employee of Provider shall
be entitled to any benefits accorded City employees by virtue of the services provided under
this agreement. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to Provider, or any
employee of Provider.
11. COVENANT AGAINST CONTINGENT FEES. The Provider warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Provider, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Provider, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making ofthis contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
12. DISCRIMINATION PROHIBITED. The Provider, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
13. ASSIGNMENT. The Provider shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other provision.
CA-2
15. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving ten
(10) days written notice to the Provider.
b. In the event of the death of a member, partner or officer of the Provider, or any of its
supervisory personnel assigned to the project, the surviving members of the Provider hereby
agree to complete the work under the terms of this Agreement, if requested to do so by the
City. This section shall not be a bar to renegotiations of this Agreement between surviving
members of the Provider and the City, if the City so chooses.
16. DISPUTES. Any disputes that arise between the parties with respect to the performance
of this Agreement, which cannot be resolved through negotiations, shall be submitted to
a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall
be construed under Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Provider shall be sent to the following address:
Humana Health Insurance Company of Florida, Inc.
Attn: Raul Marcano
3401 S.W. 1 60th Avenue 2nd Floor
Miramar, FI 33027
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Provider and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Provider.
DATED this _ day of ,20_
CITY OF BOYNTON BEACH
City Manager Provider
CA-3
Attest! Authenticated:
Title
(Corporate Seal)
City Clerk
Approved as to Form: Attest! Authenticated:
Office of the City Attorney Secretary
.
Rev. 1/22/91
CA-4
EXHIBIT "A"
Scope of Services
See Attachment:
CA-5
EXHIBIT A SCOPE OF SERVICES DENTAL PLAN
HumanaDental PPO I ~ 1 \1 \ N.:\
!
1 City of Boynton Beach
Option 1: Custom PPO 100-90-60/90-70-50 See a participating See a nonparticipating
dentist dentist
Calendar year . Applied to out of network preventive, basic $25 individual $25 individual
deductible and major services $100 family $100 family
Annual . Applied to preventive, $2,000 $1,250
maximum basic, and major services
Preventive . Oral examinations 100 percent 90 percent
services . Full mouth X-rays (once every 5 years) no deductible after deductible
. Bitewing X-rays (1 set per calendar year)
. Periapicals and other X-rays
. Cleanings
. Topical fluoride treatments (through age 14)
. Sealants (through age 14)
Basic services . S'pace maintainers (through age 14) 90 percent 70 percent
. Emergency care for pain relief after deductible after deductible
. Non-surgical extractions
. Fillings (amalgams, composite
for anterior teeth)
. Appliances for children (through age 14)
. Prefabricated stainless steel crowns
, . Endodontics (root canal)
. Periodontics (gum therapy)
Major services . Crowns 60 percent 50 percent
. Inlays or on lays after deductible after deductible
. Bridgework
. Dentures (complete and partial)
. Denture repair and adjustments
. Denture relines and rebases
. Oral surgery
Orthodontia . . Covers adult I child orthodontia 50 percent up to $1,500 50 percent up to $1,500
lifetime maximum lifetime maximum
no deductible no deductible
(MAF): If a member visits a participating network dentist, the member will not receive a bill for charges more than the negotiated fee schedule. If a
member sees an out-of-network dentist, the coinsurance level will apply to the maximum allowable fee. To ensure you do not receive additional charges,
visit a participating PPO network dentist.
Waiting periods and frequency/age limits may apply.
Dental products insured by HumanaDentallnsurance Company, or The Dental Concern, Inc.
I.
)'
. DENTAL
2009/2010 Monthly
Premium Rates
Humana CompBenefits Dental EE Onlv 29.71
Familv 83.11
share/HRlBenefits/RFP Medical Dental Vision/Rate Renewal Exhibit A Dental.xls
I
2 RESOLUTION NO. R09-
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 I BOYNTON BEACH, FLORIDA, AWARDING A
!
7 CONTRACT FOR RFP #056-1610-09/CJD "GROUP
8 BENEFITS: VISION CLAIMS ADMINISTRATOR (TP A)
9 SERVICES AND/OR FULLY INSURED PLANS, FULLY
10 INSURED DENTAL AND VISION" WITH HUMANA
III COMPBENEFITS, FOR VISION COVERAGE; AND
12 PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS, on June 29, 2009, Procurement Services received and opened nine (9)
16 proposals which were reviewed by the review committee and sent to the City's Consultant,
17 Willis of Florida for technical expertise; and
18 WHEREAS, the City Commission of the City of Boynton Beach, upon
19 recommendation of staff, deems it to be in the best interests of the residents and citizens of the
20 City of Boynton Beach to award a Provider Agreement with Humana CompBenefits vision
21 plan for a one year term commencing October 1, 2009, with three additional one (1) year
22 renewal options for all city employees.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
26 as being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
28 Section 2. The City Commission of the City of Boynton Beach, Florida does
29 hereby award a Provider Agreement with Humana CompBenefits vision plan for a one year
S:\CA \RESO\Agreements\ Vision Health Benefits 2009-1 O.doc
- I -
1 term commencing October l, 2009, with three additional one (1 ) year renewal options for all
2 city employees, a copy of which is attached hereto as Exhibit "A".
3 Section 3. The City Manager and City Clerk are authorized to execute the
4 Provider Agreement with Humana CompBenefits.
5 Section 4. That this Resolution shall become effective immediately upon passage.
6 PASSED AND ADOPTED this _ day of August, 2009.
7
8 CITY OF BOYNTON BEACH, FLORIDA
9
10
11 Mayor - Jerry Taylor
12
13
14 Vice Mayor- Woodrow L. Hay
IS
16
17 Commissioner - Ronald Weiland
18
19
20 Commissioner - Jose Rodriguez
21
22
23 Commissioner - Marlene Ross
24
25 ATTEST:
26
27
28
29 Janet M. Prainito, CMC
30 City Clerk
31
32
33 (Corporate Seal)
34
I
S:\CA \RESO\Agreements\Vision Health Benefits 2009-1 O.doc
I
- 2 -
PROVIDER AGREEMENT FOR
"GROUP BENEFITS: MEDICAL CLAIMS ADMINISTRATOR (TPA) SERVICES
AND/OR FULLY INSURED PLAN, FULLY INSURED DENTAL AND VISION"
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter
referred to as "the City", and Humana "ComoBenefits" Insurance Comoanv, hereinafter
referred to as "the Provider", in consideration of the mutual benefits, terms, and conditions
hereinafter specified.
1. PROJECT DESIGNATION. The Provider is retained by the City to perform
PROVIDER services in connection with the project designated.
2. SCOPE OF SERVICES. Provider agrees to perform the services, identified on Exhibit
"A" attached hereto and incorporated herein by reference, including the provision of all
labor, materials, equipment and supplies. No modifications will be made to the original
scope of work without the written approval of the City Manager or his designee.
3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the
giving of written notice by the City to the Provider to proceed. Provider shall perform
all services and provide all work product required pursuant to this agreement.
4. TERM: Your terms must be guaranteed from October 1,2009 through September 30,
2010 with three (3) additional one (1) year renewals.
5. PAYMENT. The Provider shall be paid by the City for completed work and for
services rendered under this agreement as follows:
,
Monthly basis per eligible employee and dependent for vision coverage invoiced by
provider.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications
and other materials produced by the Provider in connection with the services rendered
~nder this Agreement shall be the property of the City whether the project for which
they are made is executed or not. The Provider shall be permitted to retain copies,
including reproducible copies, of drawings and specifications for information, reference
and use in connection with Provider's endeavors.
7. COMPLIANCE WITH LAWS. Provider shall, In performing the serVIces
contemplated by this Agreement, faithfully observe and comply with all federal, state
and local laws, ordinances and regulations that are applicable to the services to be
rendered under this agreement.
8. INDEMNIFICA TION. Provider shall indemnify, defend and hold harmless the City,
its offices, agents and employees, from and against any and all claims, losses or liability,
or any portion thereof, including attorneys fees and costs, arising from injury or death
to persons, including injuries, sickness, disease or death to Provider's own employees,
or damage to property occasioned by a negligent act, omission or failure of the
Provider.
CA-I
9. INSURANCE. The Provider shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1 ,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
10. INDEPENDENT CONTRACTOR. The Provider and the City agree that the Provider is an
independent contractor with respect to the services provided pursuant to this agreement. ".
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Provider nor any employee of Provider shall
be entitled to any benefits accorded City employees by virtue of the services provided under
this agreement. The City shall not be responsible for withholding or otherwise deducting ,-
federal income tax or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to Provider, or any
employee of Provider.
11. COVENANT AGAINST CONTINGENT FEES. The Provider warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Provider, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Provider, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
12. DISCRIMINATION PROHIBITED. The Provider, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
13. ASSIGNMENT. The Provider shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other provision.
CA-2
15. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving ten
(10) days written notice to the Provider.
b. In the event of the death of a member, partner or officer of the Provider, or any of its
supervisory personnel assigned to the project, the surviving members of the Provider
hereby agree to complete the work under the terms of this Agreement, if requested to
do so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Provider and the City, if the City so chooses.
16. DISPUTES. Any disputes that arise between the parties with. respect to the
per~greement, which cannot be resolved through negotiations, shall be submitted to
a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall
be construed under Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Provider shall be sent to the following address:
Humana Health Insurance Company of Florida, Inc.
Attn: Raul Marcano
3401 S.W. 160tl} Avenue, 2nd Floor
Miramar, FI 33027
18.. INTEGRATED AGREEMENT. This agreement, together with attachments or
addenda, represents the entire and integrated agreement between the City and the
Provider and supersedes all prior negotiations, representations, or agreements written
or oral. This agreement may be amended only by written instrument signed by both
City and Provider.
DA TED this _ day of ,20_
CITY OF BOYNTON BEACH
City Manager Provider
CA-3
Attest/Authenticated:
Ti tie
(Corporate Seal)
City Clerk
Approved as to Form: Attest/Authenticated:
Office of the City Attorney Secretary
Rev. 1/22/91
CA-4
EXHIBIT "A"
/""""-
Scope of Services
,J
CA-5
EXHIBIT A SCOPE OF SERVICES VISION CARE PLAN
!
Visit a nonparticipating
Vision care services Visit a participating provider provider
--.-----.-
Exam with dilation as necessary 100% after copay $35 allowance
Lenses
. Single vision 100% after copay $25 allowance
. Bifocal 100% after copay $40 allowance
. Trifocal 100% after copay $60 allowance
Frames $45 wholesale frame allowance $45 retail allowance
Contact lenses
. Elective (conventional and disposable) $105 Contact lens allowance $105 Contact lens allowance
. Medically necessary 100% $210 allowance
Frequency (based on date of service)
. Examination Once every 12 months
. Lenses or contact lenses Once every 12 months
. Frame Once every 24 months
Exam/material copay $10/$0
Wholesale frame allowance* $90-$135 approximate retail value
The contact lens allowance applies to professional services (evaluation and
Contact lens allowance fitting fee) and materials. Members receive a 15% discount on professional
services. The discount for professional services Is available for 12 months after
the covered eye exam. \
Lasik and PRK
Members receive substantial reductions when procedures are done by network providers.
Members can expect to pay no more than $1,800 per eye for conventional Lasik procedures and $2,300 per eye for
custom Lasik or they can use designated TLC Vision Lasik Advantage Centers that have the following fixed prices:
. Conventional Lasik $895 per eye
. Custom Lasik $1,295 per eye
. Custom Lasik with IntraLase $1,895 per eye
How does the wholesale frame allowance work?
Benefits include a wholesale frame allowance. If the wholesale cost exceeds the frame allowance, members pay twice
the wholesale difference. They never pay ful.1 retail.
* Retail costs may differ and are based on two to three times the wholesale cost. Actual savings may vary.
Additional plan discounts
. Members receive additional fixed copayments on lens options including: anti-reflective and
scratch-resistant coatings.
. Members also receive a 20% retail discount on a second pair of eyeglasses. This discount is available for 12
months after the covered eye exam and available through the VCP network provider who sold the initial pair
of eyeglasses.
. After copay, standard poiycarbonate available at no charge for dependents jess than 19 years oid.
Proprietary to Humana Insurance Company 3
- VISION
2009/2010 Monthly
Premium Rates
Humana CompBenefits Vision
EE Only 3.92
Family 16.94
share/HRlBenefits/RFP Medical Dental Vision/Rate Renewal Exhibit A Vision.xls
City of Boynton Beach
Final Health Insurance Rates For FY 2009/2010 Medical, Dental and Vision Coverage
....>;.;,'"~:;; . ",.
City Cost (Employee Only) Covera e . Current Monthly Fina12009/2010 Current Annual FinaI2009/2010;V'> '
g Rate Monthly Renewal Rate Annual Renewal !:~:;;;;j,;";i';;.
';, .-
.,..;c.... . " ":C.. ..'
Blue Cross/Blue Shield - Medical EE Only 475.21 527.01 5,702.52 6,324.12 ""1b~90%'
.' '," . .
Humana Camp Benefits - Dental EE Only 31.31 29.71 375.72 356.52\;;p,'1c1%
,.>-. ,.'c"';"", H_' .
";:""i:i'~.n';",
Humana Camp Benefits - Vision EE Only 4.34 3.92 52.08 47.04Yi;:-.",'Ji V\.JIU'
,.-.;:;'
E I C t C Current Monthly Fina12009/2010 Current Annual Final 2009/2010
mp oyee os overage Rate Monthly Renewal Rate Annual Renewal
EE Only 0.00 0.00 0.00 0.00
EE + Spouse 446.01 494.62 5,352.12 5,935.44
Blue Cross/Blue Shield - Medical
EE + Child(ren) 377.96 419.16 4,535.52 5,029.92
Family 584.54 648.25 7,014.48 7,779.00
EE Only 0.00 0.00 0.00 0.00
Humana Camp Benefits - Dental
Family 49.27 46.40 591.24 556.80
EE Only 0.00 0.00 0.00 0.00
Humana Camp Benefits - Vision
Family 14.48 13.02 173.76 156.24
S:\Fi e\Budget 2009-2010\Payrolllnfo\ \ Health Benefit Rate Comparis\ ~vised July 162009 \ City vs. Employee Cost
City of Boynt\. ..leach
RFP #066.1610-o9lCJD
Ranking
Evaluation BCBS BCBS CIGNA CIGNA FSAI FSAI Humana Humana Loomis Loomis
Criteria
MEDICAL Fully Self Fully Self Self Fully Self Fully
Insured Insured Insured Insured Insured Insured Insured Insured
100 96.6 91.9 96.9 66.5 87.5 90.3 Nt
99 97.6 93.9 97.9 73.5 94.5 93.3 Nt
98 96.6 81.9 85.9 63.5 79.5 80.3 NI
99.00
Recommended Selection for Medical BCBS fully insured
Rater 1, Marylee Coyle 7-J3-CJ9
Date 7/t3/oc;
Rater 2, Sharyn Goebelt
Date
Rater 3, Patricia Sholos 7/I~J09
Date
S:\HR\BENEFITS\RPF Medical Dental Vision Criteria Rating Summary
City of Boynton Beach
RFP #056-1610-09/CJD
Ranking
Evaluation Max BCBS BCBS CIGNA CIGNA FSAI FSAI Humana Humana Loomis Loomis
Criteria Points
MEDICAL Fully Self Fully Self Fully Self Fully Self Fully Self
Insured Insured Insured Insured Insured Insured Insured Insured Insured Insured
Proposer's 5 5 5 5 5 N/A 5 5 5 N/A 1
understanding of
project
Proposer's 5 5 5 5 5 N/A 2 5 5 N/A 2
business structure
Proposer's 10 10 10 10 10 N/A 5 10 10 N/A 4
experience and
qualifications
Proposer's ability 10 10 10 10 Ie N/A 9 10 10 N/A ~
to perform
Desirability of 10 10 10 10 10 N/A 6 7 7 N/A L
Proposer's
deliverables
Proposer's 10 10 10 10 10 N/A 5 8 9 N/A 4
management plan
for the project
Proposer's 10 10 8 8 9 N/A 8 8 9 N/A ~
business terms
Proposer's written 10 10 10 9 9 N/A 7 9 9 N/A L
response to RFP
Proposer's 30 30 28.6 24.9 28.9 N/A 19.5 25.5 26.3 N/A 19.9
financial terms of
RFP
Total Points 100 100 96.6 91.9 96.9 N/A 66.5 87.5 90.3 N/A 42.9
Signature: ~IYJ a.~~ ~ Date: YJ - { 3- tJ 7
S:\HR\BENEFITS\RPF Medical Dental Vision Criteria Rating MC
City of BOYhu,m Beach
RFP #056-1610-09/CJD
Ranking
Evaluation Max BCBS BCBS CIGNA CIGNA FSAI FSAI Humana Humana Loomis Loomis
Criteria Points
MEDICAL Fully Self Fully Self Fully Self Fully Self Fully Self
Insured Insured Insured Insured Insured Insured Insured Insured Insured Insured
Proposer's 5 5 5 5 5 N/A 5 5 5 N/A 3
understanding of
project
Proposer's 5 5 5 5 5 N/A 3 5 5 N/A 3
business structure
Proposer's 10 10 10 10 10 N/A 4 10 10 N/A <:1
experience and
qualifications
Proposer's ability 10 9 9 9 9 N/A 8 9 9 N/A 5
to perform
Desirability of 10 10 10 10 10 N/A 10 10 8 N/A 5
Proposer's
deliverables
Proposer's 10 10 10 10 10 N/A 8 10 10 N/A 5
management plan
for the project
Proposer's 10 10 10 10 10 N/A 8 10 10 N/A 3
business terms
Proposer's written 10 10 10 10 10 N/A 8 10 10 N/A 2
response to RFP
Proposer's 30 30 28.6 24.9 28.9 N/A 19.5 25.5 26.3 N/A 195
financial terms of
RFP
Total Points /1 100 99 97.6 93.9 97.9 N/A 73.5 94.5 93.3 N/A 49.9
Signature: dJ) 0,- IMv Clcr Date: 7 (/3(0'1
~~(" ~-
,-
S:\HR\BENEFITS\RPF M leal DentaVVision Criteria Rating SG
City of Boynton Beach
RFP #056-161 0-o9/CJD
Ranking
Evaluation Max BCBS BCBS CIGNA CIGNA FSAI FSAI Humana Humana Loomis Loomis
Criteria Points
MEDICAL Fully Self Fully Self Fully Self Fully Self Fully Self
Insured Insured Insured Insured Insured Insured Insured Insured Insured Insured
Proposer's 5 5 5 5 5 N/A 5 5 5 N/A 2
understanding of
project
Proposer's 5 5 5 5 5 N/A 3 5 5 N/A 3
business structure
Proposer's 10 10 10 8 8 N/A 5 6 6 N/A 5
experience and
q ualifi cati ons
Proposer's ability 10 9 9 7 7 N/A 5 6 6 N/A 5
to perform
Desirability of 10 9 9 8 8 N/A 6 7 7 N/A t
Proposer's
deliverables
Proposer's 10 10 10 8 8 N/A 6 8 8 N/A 6
management plan
for the project
Proposer's 10 10 10 8 8 N/A 7 8 8 N/A 7
business terms
Proposer's written 10 10 10 8 8 N/A 7 9 9 N/A 7
response to RFP
Proposer's 30 30 28.6 24.9 28] N/A 19.5 25.5 26.3 N/A ] 9.S
financial terms of
RFP
Total Points 100 98 96.6 81.9 85.9 N/A 63.5 79.5 80.3 N/A 60.9
Signature: <.fa. -h> i ~'A A P- Date: 1/13/0 fj
-v~-/
S:\HR\f"~l\IEFITS\RPF Medical Dental Vision Criteria Rating PS.xls
City of Boynton l3each
RFP #056-1610-09/CJD
Dental. All fully insured:
Evaluation Criteria Metlife Florida CIGNA Delta Humana
Combined Dental
Life
(BCBS)
Rater 1 87.2 79.7 85.8 85.7 95
Rater 2 84.2 86.2 91.8 87.7 96.5
Rater 3 72.2 82.7 82.8 91.7 93
94.83
Recommended Selection for Dental is Humana
Rater 1, Maryaee Coyle 7-)'J-6'j
Date 7!t30,
Rater 2, Sharyn Goebelt
Date I I
Rater 3, Patricia Sholos 7//g/09
Date
City of Boynton Beach
RFP #056-1610-09/CJD
Dental - All fully insured:
Evaluation Criteria Max Metlife Florida CIGNA Delta Humana
Points Combined Dental
Life
(BCBS)
Proposer's 5 5 5 5 5 5
understanding of project
Proposer's business 5 5 3 4 4 5
structure
Proposer's experience 10 10 7 8 7 10
and qualifications
Proposer's ability to 20 19 16 17 16 19
perform
Desirability of 10 6 8 10 9 10
Proposer's deliverables
Proposer's management 10 8 6 8 8 9
plan for the project
Proposer's business 10 9 7 5 8 8
terms
Proposer's written 10 7 9 9 9 9
response to RFP
Proposer's financial 20 18.2 18.7 19.8 19.7 20
terms of RFP
Total Points 100 87.2 79.7 85.8 85.7 95
Signature: ~~ + Date: 7 - /1/ D 9
City of Boynton Beach
RFP #056-1610--09/CJD
Dental - All fully insured:
Evaluation Criteria Max Metlife Florida CIGNA Delta Humana
Points Combined Dental
Life
(BCBS)
Proposer's 5 5 5 5 5 5
understanding of project
Proposer's business 5 4 4 5 4 5
structure
Proposer's experience 10 10 7.5 9 8 9.5
and qualifications
Proposer's ability to 20 15 15 16 15 18
perform
Desirability of 10 7 8 9 8 9
Proposer's deliverables
Proposer's management 10 8 8 8 8 10
plan for the project
Proposer's business 10 10 10 10 10 10
terms
Proposer's written 10 7 10 10 10 10
response to RFP
Proposer's financial 20 18.2 18.7 19.8 19.7 20
terms ofRFP
Total Points 100 84.2 86.2 91.8 87.7 96.5
Signature: ~~ 'g~ (" tt Date: 7 (t 31D7
City of Boynton Beach
RFP #056-1610--09/CJD
Dental - All fully insured:
Evaluation Criteria Max Metlife Florida CIGNA Delta Humana
Points Combined Dental
Life
(BCBS)
Proposer's 5 5 5 5 5 5
understanding of project
Proposer's business 5 3 4 4 4 5
structure
Proposer's experience 10 5 6 6 7 6
and qualifications
Proposer's ability to 20 16 17 17 19 19
perform
Desirability of 10 5 9 9 10 10
Proposer's deliverables
Proposer's management 10 7 7 7 9 9
plan for the project
Proposer's business 10 6 7 7 9 10
terms
Proposer's written 10 7 9 8 9 9
[response to Rl~P
Proposer's financial 20 18.2 18.7 19.8 19.7 20
terms of RFP
Total Points A 100 72.2 82.7 82.8 91.7 93
Signature: cjJa.tn~~1A ~ Date: 1/13/0r
7'J
City of Boynton Beach
RFP #066-161 0-G9/CJD
Vision - All full insured
Evaluation Criteria Human a CIGNA Safeguard Vision Advantica
Comp- (Metlife) Service Plan Eyecare
benefits (VSP)
Rater 1 92.7 81 79 84.3 81
Rater 2 93.7 77 79 80.3 84
Rater 3 90.7 83 66 78.3 77
92.37 ~f;~:i:;, ~~U:_;. j;"~,'~i~,~c 'j~i.
Recommended Selection for Vision is Humana
Rater 1, Marylee Coyle Date
Rater 2, Sharyn Goebelt Date
7/J3/0r
Rater 3, Patricia Sholos Date
City of Boynton Beach
RFP #056-1610-09/CJD
Vision - All fullY insured
Evaluation Criteria Max Humana CIGNA Safeguard Vision Advantica
Points Comp- Metlife Service Plan Eyecare
benefits (VSP)
Proposer's understanding of 5 5 5 5 5 4
project
Proposer's business structure 5 5 5 3 4 3
Proposer's experience and 10 10 8 7 9 8
qualifications
Proposer's ability to perform 20 20 17 15 18 17
Desirability of Proposer's 10 .9 8 7 9 8
deliverables
Proposer's management plan 10 10 9 7 9 9
for the project
Proposer's business terms 10 10 8 7 8 8
Proposer's written response to 10 10 9 8 10 10
RFP
Proposer's financial terms of 20 13.7 12 20 12.3 14
RFP
Total Points 100 92.7 81 79 84.3 81
Signature: ') n Q/lL~L ~~\- Date: 7~13-()7
City of Boynton Beach
RFP #056-1610-09/CJD
Vision - All fully insured
Evaluation Criteria Max Humana CIGNA Safeguard Vision Advantica
Points Comp- (Metlife) Service Plan Eyecare
benefits (VSP)
Proposer's understanding of 5 5 5 5 5 5
project
Proposer's business structure 5 5 5 4 5 5
Proposer's experience and 10 10 10 5 10 10
qualifications
Proposer's ability to perform 20 20 15 15 15 15
Desirability of Proposer's 10 10 10 5 8 10
deliverables
Proposer's management plan 10 10 5 5 5 5
for the project
Proposer's business terms 10 10 5 10 10 10
Proposer's written response to 10 10 10 10 10 10
RFP
Proposer's financial terms of 20 13.7 12 20 12.3 14
RFP
Total Points fl 11 100 93.7 77 79 80.3 84
Signature: ~JLJ_ ~~~ Date: 7 (l3(Ot
/' I 0' 7
City of Boynton Beach
RFP #056-1610-09/CJD
Vision - All fullv insured
Evaluation Criteria Max Humana CIGNA MetLife Vision Advantica
Points Comp- Service Plan Eyecare
benefits (VSP)
Proposer's understanding of 5 5 4 4 4 4
project
Proposer's business structure 5 5 5 3 4 4
Proposer's experience and 10 9 8 8 8 7
qualifications
Proposer's ability to perform 20 19 18 10 18 17
Desirability of Proposer's 10 10 9 3 9 9
deliverables
Proposer's management plan 10 10 9 3 8 8
for the project
Proposer's business terms 10 10 9 9 8 8
Proposer's written response to 10 9 9 6 7 6
RFP
Proposer's financial terms of 20 13.7 12 20 12.3 14
RFP
Total Points 100 90.7 83 66 78.3 77
Signature: ( ~~A~ Date: 7 /3/D9
~7'-'
r;.
Ii(
(-
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.l
Requested City Date Final Form Must be Date Final Form Must Date Final Form Must be
Commission Meeting Turned in to City Clerk's be Turned in to Legal Turned in to Procurement
Dates Office
0 Jul 7,2009 June 15, 2009 June 10, 2009 June 8, 2009
0 Jul 21, 2009 Jul 6,2009 Jul 1, 2009 June 29, 2009
~ Au ust 4, 2009 Jul 20,2009 Jul 15,2009
0 Au ust 18, 2009 Au ust 3, 2009 Jul 29,2009
0 Announcements/Presentations 0
NATURE OF 0 Administrative 0 New Business
-0
AGENDA ITEM ~ Consent A enda 0 Le al :x:
Code Compliance & Legal ca
0 Settlements 0 Unfinished Business
0 Public Hearin 0 ..
RECOMMENDATION: Staff recommends Commission approval by Resolution R09-_ amending the
City of Boynton Beach's State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance
Plan (LHAP) to include the addition of the City of Boynton Beach Homebuyer Opportunity Program
(FHOP) strategy.
EXPLANATION: This strategy is designed in response to the legislative proviso requiring SHIP local
governments to expend 2009-2010 funds to ensure that residents of the state derive the maximum
possible economic benefit from the federal first time homebuyer tax credit. This program, created
through The American Recovery and Reinvestment Act of 2009, provides subordinate down payment
assistance loans to first time homebuyers for owner occupied primary residences that can be repaid
with the income tax refund the homebuyer is entitled to under the First Time Homebuyer Credit. Eligible
properties include newly constructed and existing homes. Mobile homes and rental units are not eligible
for assistance.
PROGRAM IMPACT: If the City of Boynton Beach receives repayment from the homebuyer
within 18 months after the closing date of the loan the City shall waive all interest charges. A homebuyer
who fails to fully repay the loan within 18 months but no later than 36 months shall be subject to
repayment terms of 10% of the original loan amount. A homebuyer who fails to fully repay the loan with
36 months shall be subject to default and the loan shall be called with all principal and interest due and
payable.
FISCAL IMPACT: The principal balance of the loans provided shall not exceed 10% of the
purchase price or $8,000, whichever is less. Depending upon collections, the City could expect
approximately $54.487. I )
ERNATIVES' Not to accept this funding from the State. y~
De t Hea 's Signature City Man~ature
As~ant t_o City Manager ~
Department of Development --=:::. _
Community Improvement Division
Department Name City Attorney / Finance
S:\Communify Improvement\Agenda Requests\2009\CC 0804 FHOP Strategy. doc
I
I
II
1 I RESOLUTION R09-
2
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 AMENDING THE STATE HOUSING INITIATIVES
7 PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING
8 ASSIST ANCE PLAN (LHAP) TO INCLUDE THE
9 ADDITON OF THE CITY OF BOYNTON EBACH
10 HOME BUYER OPPORTUNITY PROGRAM (FHOP)
1] STRAEGY; PROVIDING AN EFFECTIVE DATE.
12
13
] 4 WHEREAS, the City of Boynton Beach Homebuyer Opportunity Program is
] 5 designed in response to the legislative provisions requiring SHIP local governments to
] 6 expend 2009-2010 funds to ensure that residents of the state derive the maximum possible
] 7 economic benefit from the federal first time homebuyer tax credit; and
18 WHEREAS, upon the recommendation of staff, the City Commission deems it to
19 be in the best interests of the citizens and residents of the City of Boynton Beach to amend
20 the City's State Housing Initiatives Partnership Program Local Housing Assistance Plan to
2] include the addition of the City of Boynton Beach Homebuyer Opportunity Program
22 strategy.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
The foregoing "Whereas" clauses are true and correct and are hereby
26 ratified and confirmed by the City Commission.
27
Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby
28 amends the City's State Housing Initiatives Partnership Program Local Housing Assistance
29 Plan to include the addition of the City of Boynton Beach Homebuyer Opportunity Program
S.\CA\RESO\SHIP Housing Plan amend for FHOP.doc
strategy.
2
Section 3.
This Resolution shall become effective immediately upon passage.
3 PASSED AND ADOPTED this _ day of August, 2009.
4
5 CITY OF BOYNTON BEACH, FLORIDA
6
7
8 Mayor - Jerry Taylor
9
10
11 Vice Mayor - Woodrow L. Hay
12
13
14 Commissioner - Ronald Weiland
15
16
17 Commissioner - Jose Rodriguez
18
19
20 Commissioner - Marlene Ross
21
22 ATTEST:
23
24
25
26
27 Janet M. Prainito, CMC
28 City Clerk
29
30
31
32 (Corporate Seal)
33
S:\CA\RESO\SHIP Housing Plan amend for FHOP.doc
LHAP HOUSING STRATEGY
For 2009-2010
NOTE: This is a generic strategy that can be used by all local governments. It has been pre-
approved by the SHIP review committee. If you make revisions to this strategy which are beyond
technical in nature, it must be submitted to FHFC for approval.
Name of the Strategy: City of Boynton Beach Homebuyer Opportunity Program (FHOP)
a. Summary of the Strategy:
This strategy is designed in response to the legislative proviso requiring SHIP
local governments to expend 2009-2010 funds to ensure that residents of the
state derive the maximum possible economic benefit from the federal first time
homebuyer tax credit created through The American Recovery and
Reinvestment Act of 2009 by providing subordinate down payment assistance
loans to first time homebuyers for owner occupied primary residences that can
be repaid by the income tax refund the home buyer is entitled to under the First
Time Homebuyer Credit. The state program shall be called the "Florida
Homebuyer Opportunity Program." Eligible properties include newly
constructed and existing homes. Mobile homes and rental units are not eligible
for assistance.
b. Fiscal Years Covered:
2009/2010 until expiration of the Florida Homebuyer Opportunity Program Tax
Credit.
c. Income Categories to be served:
Applicants whose income does not exceed $75,000 for single taxpayers, or
$150,000 for joint filers. There is no requirement to reserve 30 percent of the
funds for awards to very low-income persons or 30 percent of the funds for
awards to low-income persons; and there is no requirement to expend 75% of
funds for construction, rehabilitation or emergency repair.
d. Maximum award:
The principal balance of the loans provided shall not exceed 10% of the
purchase price or $8,000, whichever is less.
e. Terms, Recapture and Default:
If the City of Boynton Beach receives repayment from the homebuyer within 18
months after the closing date of the loan the City shall waive all interest
charges. A homebuyer who fails to fully repay the loan within 18 months but no
later than 36 months shall be subject to repayment terms of 10% of the original
loan amount. A homebuyer who fails to fully repay the loan within 36 months
shall be subject to default and the loan shall be called with all principal and
interest due and payable. All funds repaid to the City shall be considered
"program income" as defined in s. 420.9071 (24).
f. Recipient Selection Criteria:
Recipients must meet the requirements of the following: The maximum income
limit shall be Adjusted Gross Income of $75,000 for single taxpayer households
or $150,000 for joint-filing taxpayer households, which is equal to that permitted
by the American Recovery and Reinvestment Act of 2009.
S:\Community Improvement\SHIP\2009\FHOP.doc
~ives Partnership Program (SHIP)
'tc:hin'ica'l Bu Ileti n
2009-01
mebuyer Opportunity Program
:1
"'five session, the Florida Homebuyer Opportunity Program was
;,'~nstatewide) is detailed in the budget implementing bill (see
~n.ichwill be distributed through and operated under the SHIP
,',ng be used to provide up to $8,000 in purchase assistance to
.... cei\Ve the federal first-time homebuyer tax credit created
and Reinvestment Act of 2009. The assistance shall be
icant when they receive their federal tax refund. This will be
),nels as long as the homebuyer tax credit is available. The
',',er July 1, 2009 pending the bill being signed by the Governor
JmpCollections.
nted under a new strategy to be adopted within the local
J. Florida Housing (FHFC) is providing a generic strategy
,'Is strategy is pre-approved by Florida Housing's SHIP Review
'her action with FHFC if adopted as is. If you make changes to
changes for review and approval.
:(j'the SHIP statute and! or rule that apply to this program
lhlit shall be Adjusted Gross Income of $75,000 for single taxpayer
:. ;.for joint-filing taxpayer households.
t;toreserve 30 percent of the funds for awards to very-low-income
;f:',~hefunds for awards to low-income persons; and
IIt to expend 75% of funds for construction, rehabilitation or
Ro~ing
ifl!"1l11!fll;"O Ctlr-porQr~an
WI! make housing affoIdabl.
. ((7'\
"'II
~"..-
(
VI.-CONSENT AGENDA
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must Date Final Form Must be
Commission Meeting Turned in to City Clerk's be Turned in to Leaal Turned in to Procurement
Dates Office
0 July 7. 2009 June 15. 2009 June 10. 2009 June 8. 2009
0 July 21. 2009 Julv 6. 2009 July 1. 2009 June 29, 2009
jgJ AUQust 4. 2009 July 20. 2009 July 15. 2009 July 13, 2009
0 Auaust 18, 2009 Auaust 3. 2009 July 29,2009 Julv 27. 2009
0 Announcements/Presentations 0 City ManaQer's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM jgJ Consent AQenda 0 Leaal
Code Compliance & Legal
0 Settlements 0 Unfinished Business
0 Public Hearina 0
RECOMMENDATION: Approval of Resolution R09-_ concerning the adoption of the
City Of Boynton Beach's One Year Community Development Block Grant (CDBG) Action Plan
for FY 2009/2010, and the contracts for sub-grantees to reflect the proposed expenditures as
outlined in program impact.
EXPLANATION: The City Of Boynton Beach is in its thirteenth year of receiving
Federal Grant Funds. The One Year Plan has been developed with the activities
recommended and approved by the Commission at their July 7th, 2009, meeting. There was
no discussion and the Commission unanimously approved the recommended grant amounts.
PROGRAM IMPACT: The availability of much needed services that are eligible under the
CDBG program and provided to our community by various organizations.
Grant Amount
$529,857
Awarded to Sub-grantees 07/07/09
Aid to Victims of Domestic Abuse
Boynton Beach Faith Based CDC, together with
R. M. Lee CDC
Community Caring Center
Community Caring Center dba "Ocean
Avenue Green Market"
Fair Housing Center of the Greater Palm
Beaches
TOTAL SUB-GRANTEES
12,000
217,995
55,478
25,000
5,000
$315,473
S:\Community Improvement\Agenda Requests\2009\CC 0804CDBG Reso&Contracts.doc
City of Boynton Beach
Agenda Memorandum
Page 2 of 2
August 4, 2009
FISCAL IMPACT: The City Of Boynton Beach expects to receive $529,857 in CDBG funds for
FY 2009/2010, with $315,473 to be granted to six (6) sub-grantees. The remaining grant dollars
will assist with administrative costs, provide summer camp scholarships through the City's
Recreation & Parks Department, and allow housing rehabilitation and associated
administrative costs.
;TERNATlv~one at this time.
DepMrn n Head's Signature
) ./)
~
City Manager's Signature
Department of Development
Community Improvement Division
Department Name
~~::anager
City Attorney / Finance
S:\Community Improvement\Agenda Requests\2009\CC 0804CDBG Reso&Contracts.doc
I
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3 I
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4 'I
5 II
II
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121
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RESOLUTION R09-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
ADOPTING THE CITY OF BOYNTON BEACH'S
ONE YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT ACTION PLAN FOR FISCAL YEAR
2009/2010; AUTHORIZING EXECUTION OF
AGREEMENTS FOR SERVICES BETWEEN THE
CITY OF BOYNTON BEACH, FLORIDA, AND FIVE
(5) SUB-RECIPIENTS OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS (CDBG);
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach is in its thirteenth year of receiving Federal
Grant Funds; and
WHEREAS, the City of Boynton Beach desires to enter into Agreements with five
,I
II
~ (5) sub-recipients, who have previously submitted all necessary documentation required,
II
I including budgets, scopes of services, and timelines for performance; and
I'
.1
~
Ii
~
WHEREAS, a copy of each Agreement is attached hereto and made a part hereof;
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
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26
Section 2.
The City Commission of the City of Boynton Beach, Florida does
27 hereby authorize execution of seven (7) Agreements between the City of Boynton Beach,
28 Florida and sub-recipients, as follows:
29
30
1.
Aid To Victims of Domestic Abuse, Inc. - Funding Amount
$12,000;
S:\CA\RESO\Agreements-Grants\CDBG - SubRecipient Agreements 080409.doc
1
2
3
4
5
6
7
8
9
10
Section 3.
2.
Boynton Beach Faith Based Community Development
Corporation - Funding Amount $217,995;
Community Caring Center of Boynton Beach, Inc. - Funding
Amount $55,478;
Community Caring Center d/b/a "Ocean A venue Green
Market" - Funding Amount $25,000;
Fair Housing Center of the Greater Palm Beaches, Inc. -
Funding Amount $5,000;
3.
4.
5.
This Resolution will become effective immediately upon passage.
11
PASSED AND ADOPTED this _ day of August, 2009.
CITY OF BOYNTON BEACH, FLORIDA
12
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17
18
19
20
21
22
23
24
25
26
27 ATTEST:
28
29
30
31 Janet M. Prainito, CMC
32 City Clerk
33
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
34
35 (Corporate Seal)
36
S:\CA\RESO\Agreements.Grants\CDBG - SubRecipient Agreements 080409 doc
2
Grantee Name: City of Boynton Beach
Project Name: Aid to Victims of Domestic Assault
Description: 1 IDIS Project #: UOG Code: 120264
Salary and benefits for domestic educa~jonsupport counselor for students Pre K to 12th grade,
Location:
Due to its nature, locality IS
confidential.
Outcome Categories
o Availability/Accessibility
D Affordability
D Sustainability
III
....
- C
GI GI
> E
.!J:
I III
1:$=
Gla.
'0' E
... 0
a. u
u
<C
01 People
Accompl. Type:
Accompl. Type:
Pro osed Outcome
Assistance tochlldren&t
risk of domestic abuse.
050 Youth Services 570.201(e)
05 Public Services (General) 570.201(e)
Matrix Codes
Select one:
I Public Services
Explanation:
CD'Sa'fupdS will benefit 130 annually.
1 Improve the services for low/mod income persons
2
3
~ Proposed 130 Accompl. Type:
Underway
Complete
~ Proposed Accompl. Type:
Underway
Complete
~ Proposed Accompl. Type:
Underway
Complete
Performance Measure
# 'ofctlHd ren assisted.
~
Proposed
Underway
Complete
Actual Outcome
0 COBG ~ Proposed Amt. 12,000 Fund Source: ~ Proposed Amt.
.-4
...... Actual Amount Actual Amount
en Proposed Amt. Proposed Amt.
0 Fund Source: ~ Fund Source: ~
... Actual Amount Actual Amount
ftI
GI Pro osed Units Proposed Units
> Accompl. Type: Accompl. Type: ~
ftI Actual Units Actual Units
u Pro osed Units Proposed Units
III Accompl. Type: Accompl. Type: ~
u: Actual Units Actual Units
AVDA
CPMP
CPMP Version 2.0
Project Name:
Locations:
2191 N. Sea crest Blvd., and 499
Boynton Circle Boynton
Beach, FL 33435
Outcome Categories
o Availability/Accessibility
D Affordability
D Sustainability
III
....
- C
GI GI
> E
~.t:
I III
'tJ=
GI Q.
'0' E
~ 0
c. u
u
c.(
04 Households
Accompl. Type:
Accompl. Type:
Pro osed Outcome
Grantee Name:
Select one:
I Priority Need Category
Explanation:
Fpith Based . initiative to provide counseling for housing for low/mod
families; facilitate the City's housing efforts to accommodate the
Neighborhood Stabilization Program.
1 Improve access to affordable owner housing
21 Increase the availability of affordable owner housing
3
I.... Proposed 12
Underway
Com lete
Accompl. Type:
.... Proposed
Underway
Com lete
!....
,
Accompl. Type:
: ...
Accompl. Type:
!.... Proposed
Underway
COrn .ote
Actual Outcome
Performance Measure
Matrix Codes
19C COBG Non-profit Organization Capacity Building
Matrix Codes
0 CDBG .... Proposed Amt. 217;995
...
...... Actual Amount
0'\ !.... Proposed Amt.
0 Fund Source:
~ Actual Amount
Ia
GI Proposed Units
> Accompl. Type: ! ....
Ia Actual Units
u Accompl. Type: Proposed Units
III i.
u: Actual Units
FB&RM LeeCDC
Fund Source: ,.... Proposed Amt.
Actual Amount
Fund Source: I.... Proposed Amt.
Actual Amount
Accompl. Type: .... Proposed Units
Actual Units
Accompl. Type: .... Proposed Units
Actual Units
CPMP
Project Name: I CommurlitvCarinaCent~rof$OYntoI'lBe~chhln<::.,
Description: 13 IDIS Project #: IUOG Code: 1120264
Provide partial salaries.fqrExec~tivel!)lrect6"/C!I1~,fo~rparttirnecaserilal1~ger$,'utllities,lnsl.lrance, mortgage, ('jnd
a ud Iting for non-profit agency thatprovideSieme,.gellCY rentalandmortj:!gepaymentassistance,. utilftyassistance, food
and prescription medication VOUChers, emergency disast;er asslstance,referr('jl se.rvlces .forjob placement and tax
information.
Location:
145 N.E. 4th Avenue Boynton I EJ
Beach, FL 33435 Select Public Services
one:
Explanation:
Expected Completion Date: CDBGful'ldswHI benefit 2,000 peopfeannually.
9/3012010
.... Objective category
@oecentHousing
o Suitable Living Environment
o EconomiqOppOrtunity ~
Outcome Categories
EJ'Avallability/Accessibllity ...1
o Affordability 2
OSustainab/lity 3 ...1
(I) 04 Households T... Proposed 1,000 Accompl. Type: I... Proposed
., Underway . Underway
C
'ii GI ComDlete . Complete
> E
GI I... Pro DOSed I...
"j' .c 01 People 1,000 Accompl. Type: Proposed
., .!! Underway Underway
u 0.
GI Complete Complete
'0' E
"- 0 Accompl. I... Proposed I... Proposed
a. u Type: Accompl. Type:
u Underway Underway
CC
ComDlete , Complete
Proposed Outcome Performance Measure Actual Outcome
Prevent Home'lessness 1/000 households
,. ."
05 Public Services (General) 570.201(e) ... Matrix Codes ...1
Matrix Codes ... Matrix Codes ...1
Matrix Codes ... Matrix Codes ...1
0 CDBG I... Proposed Amt. 55,478 Fund Source: I... Proposed Amt.
'I"'f
...... Actual Amount Actual Amount
0'1 I... Proposed Amt. I... Proposed
0 Fund Source: Fund Source: Amt.
"- Actual Amount , .' Actual Amount
I'll
GI I... Proposed Units I... Proposed Units
> Accompl. Type: Accompl. Type:
- Actual Units c Actual Units
I'll
U Accompl. I... Proposed Units T... Proposed Units
(I) Type: Accompl. Type:
i:i: Actual Units ,. Actual Units
Grantee Name: City of Boynton Beach
CPMP Version 2.0
CCC
CPMP
Grantee Name: City of Boynton Beach
Project Name: Communit Carin Center dba Ocean Avenue Green Market
Description: 4 IDIS Project #: UOG Code: 120264
Salary, benefits, and rent to provide technical assistance regarding shared management and marketing services for
franchise opportunities to entrepreneural businesses.
Location:
400 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Outcome Categories
o Availability/Accessibility
D Affordability
D Sustainability
Ul
....
- C
1IJ 1IJ
> E
.!!.r:,
I Ul
t=
1IJ Q.
'0' E
I.. 0
0.. u
u
<C
08 Businesses
Accompl. Type:
Accompl. Type:
Pro osed Outcome
Creation of new businesses
,
I l8C Micro-Enterprise Assistance
! Matrix Codes
Matrix Codes
Select one:
I Economic Development
Explanation:
CDBG funds will benefit up to 360 people annually.
11 Improve economic opportunities for low-income persons
5 Accompl. Type:
.....
I.....
,
Accompl. Type:
Proposed
Underway
Com I~te
Actual Outcome
Proposed Accompl. Type:
Underway
Com lete
Performance Measure
5 new businesses
...1
...
0 CDBG ..... Proposed Amt. 25,000
.-l
...... Actual Amount
0\ Proposed Amt.
0 Fund Source: .....
I.. Actual Amount
"'
1IJ Proposed Units
>- Accompl. Type: .....
"' Actual Units
u Accompl. Type: Proposed Units
.!!!
u.. Actual Units
Fund Source: ..... Proposed Amt.
Actual Amount
Fund Source: Proposed Amt.
Actual Amount
Accompl. Type: ..... Proposed Units
Actual Units
Accompl. Type: '..... Proposed Units
Actual Units
CCCdbaOAGM
CPMP
Project Name:
Location:
1300 W. Lantana Road, Suite 200
Lantana, FL 33462
Select one:
I Planning/Administration
Expected Completion Date:
9/30/2010
~ ve tegory
@ D~entHousing
o Suitable UVingEnvironment
OEc::onof!1i~Qppo~pit,y
Explanation:
CDBG funds will benefit up to 2/000 people annually.
III
~
- c
cu cu
> E
.!.c
I III
1J=
cu CL.
..... E
f 0
a. u
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...
1 Improve the services for low/mOd income persons
Outcome.Categories
o A\failabilit,y/Accesslbilit,y
D Affordabilft,y
D Sustainabilit,y
2
3
01 People
2,000
Accompl. Type:
...
Accompl. Type:
Proposed
Underway
Complete
... Proposed
Underway
Com lete
Performance Measure
# of clients assisted.
Accompl. Type:
Accompl. Type:
Accompl. Type:
Pro osed Outcome
Public awareness of fair
housi nglaws/rights.
Actual Outcome
Q CDBG ... Proposed Amt. 5,000
'1""1
...... Actual Amount
en Proposed Amt.
Q Fund Source: ...
a.. Actual Amount
"'
G.J Proposed Units
> Accompl. Type:
"' Actual Units
u Accompl. Type: Pro osed Units
III
i:i: Actual Units
Fund Source: ... Proposed Amt.
Actual Amount
Fund Source: ... Proposed Amt.
Actual Amount
Accompl. Type: ... Proposed Units
Actual Units
Accompl. Type: ... Proposed Units
Actual Units
210 Fair Housing Activities (subject to 20% Admin cap) 570.2
Matrix Codes
Matrix Codes
FHC
CPMP
Grantee Name: City of Boynton Beach
Project Name: Housin Rehabilitation
Description: 6 IDIS Project #: UOG Code: 120264
Full rehabilitation of owner occupied single-family housing. Funds may be leveraged with other funding sources to
include State Housing Initiatives Partnership (SHIP) Program.
Location:
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Outcome Categories
[] Availability/Accessibility
o Affordability
o Sustainability
Select one:
I.?wner Occupied Housing
Explanation:
Funds to benefit low/mod families
i I
i~!
10 Housing Units I 10 Accompl. Type: Proposed
... ...
Underway
Complete
Accompl. Type: :. Accompl. Type: ... Proposed
Underway
Com tete
Ul
...,
C
QJ QJ
> E
.!.c
I Ul
'tJ=
QJ Q.
'0' E
L. 0
a. u Accompl. Type:
u
<(
Pro osed Outcome
Accompl. Type:
Proposed
Underway
Complete
Actual Outcome
Performance Measure
10 Housing Units
14A Rehab; Single-Unit Residential 570.202
I Matrix Codes
. Matrix Codes
0 CDBG ... Proposed Amt. 200;000
'I"'l
....... Actual Amount
0\ Proposed Amt.
0 Fund Source: ...
L. Actual Amount
10
QJ Proposed Units
> Accompl. Type: I ...
10 Actual Units
u Accompl. Type: !. Proposed Units
Ul
u: Actual Units
Fund Source: ... Proposed Amt.
Actual Amount
Fund Source: ... Proposed Amt.
Actual Amount
Accompl. Type: ... Proposed Units
Actual Units
Accompl. Type: ... Proposed Units
Actual Units
Hsg Rehab
"'J
CPMP
Grantee Name: City of Boynton Beach
CPMP Version 2.0
Project Name: Housin Rehabilitation Administration
Description: 7 IDIS Project #: UOG Code: 120264
Delivery costs associated with Implementing housing rehabilitation. program.
Location:
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Outcome Categories
D Availability/Accessibility
D Affordability
o Sustainability
VI
....
- C
QJ QJ
> E
.!!"c
I VI
u=
QJ Q.
'0' E
... 0
D. u
u
III(
01 People
04 Households
Accompl. Type:
Pro osed Outcome
Select one:
I Owner Occupied Housing
Explanation:
... Proposed Accompl. Type:
Underway
Complete
... Accompl. Type:
...
Proposed
Underway
Complete
... Proposed
Underway
Com lete
Actual Outcome
Proposed Accompl. Type:
Underway
Com lete
Performance Measure
14H Rehabilitation Administration 570.202 Matrix Codes
Matrix Codes
I Matrix Codes
0 CDBG ... Proposed Amt. 145,000 Fund Source: ... Proposed Amt.
...
..... Actual Amount Actual Amount
0\ Proposed Amt. Proposed Amt.
0 Fund Source: ... Fund Source: ...
... Actual Amount Actual Amount
"'
cu Proposed Units Proposed Units
> Accompl. Type: ... Accompl. Type: ...
- Actual Units Actual Units
"'
u Accompl. Type: Proposed Units Proposed Units
VI ... Accompl. Type: ...
u: Actual Units Actual Units
RehabAdmin
CPMP
Grantee Name: City of Boynton Beach
Project Name: Cit of Bo nton Beach Recreation De artrnent
Description: 8 IDIS Project #: UOG Code: 120264
Provision of scholarships for after school and summer programs for the City of Boynton Beach "latch key" program for
economically disadvantaged income eligible youth.
Location:
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Outcome Categories
o Availability/Accessibility
o Affordability
o Sustainability
Ul
..,
- C
tV tV
> E
~.c
I Ul
t::
tV Q.
'0' E
"- 0
a. u
u
<t
01 People
Accompl. Type:
Accompl. Type:
Pro osed Outcome
Keep children of working
parents safe after school.
I
i 050 Youth Services s70.201(e)
, OS Public Services (General) 570.201(e)
Matrix Codes
Select one:
I Public Services
Explanation:
Funds to benefit low/mod families.
11 Improve the services for low/mod income persons
30 Accompl. Type:
..
Accompl. Type:
'.. Proposed
Underway
Complete
.. Proposed
Underway
Com lete
Actual Outcome
Proposed Accompl. Type:
Underway
Complete
Performance Measure
30 Families
0 COBG .. Proposed Amt. 12,000 Fund Source: .. Proposed Amt.
.-l
...... Actual Amount Actual Amount
0\ Proposed Amt. I.. Proposed Amt.
0 Fund Source: .. Fund Source:
"- Actual Amount Actual Amount
IV
tV Proposed Units Pro osed Units
> Accompl. Type: .. Accompl. Type:
IV Actual Units Actual Units
u Accompl. Type: Proposed Units Proposed Units
Ul .. Accompl. Type: ..
u: Actual Units Actual Units
BBRecDept
CPMP
Grantee Name: City of Boynton Beach
pro'ect Name: Fair Housin Centerofthe Greater palm6eaches
Description: 9 IDIS Project #: UOG Code: 120264
Salary ,benefits, and rent to ensure that the g~neral public and protected classes become knowedgeable concerning fair
housing laws, to include the means available to seek redress for fair housing rights violations.
Location:
1300 W.Lantana Road, Suite 200
Lantana, Fl 33462
Select one:
I Planning/Administration
Expected Completion Date:
9/30/2010
~ e tegory
@oecent Housing
o Sulta~le :Uving enVironment
o Economic :Opportunlty
Explanation:
CDBGfunds Will benefitup to 2,00Q pepple annually.
Outcome categories
0.AvailabUity/Accessiblllty
o Affordabillty
o Sustainability
1 Improve the services for low/mod income persons
2
3
Accompl. Type:
... Proposed 2,000 Accompl. Type:
Underway
Complete
... Proposed Accompl. Type:
Underway
Com lete
Proposed Accompl. Type:
Underway
Complete
Performance Measure
# of clients assisted.
... Proposed
Underway
Complete
... Proposed
Underway
Complete
... Proposed
Underway
Complete
Actual Outcome
01 People
III
.....
_ C
G1 G1
> E
.!!J:
I III
1)=
G1 a.
'0' E
a.. 0
a. u
u
c(
Accompl. Type:
Pro osed Outcome
Public awareness of fair
housing Iq\Ys/rjghts.
0 COBG ... Proposed Amt. 5,000
'P'f
...... Actual Amount
en Proposed Amt.
0 Fund Source: ...
'- Actual Amount
/II
QJ Proposed Units
> Accompl. Type: ...
/II Actual Units
u Accompl. Type: Proposed Units
III ...
u::: Actual Units
210 Fair Housing Activities (subject to 20% Admin cap) 570.20
Matrix Codes
Matrix Codes
Fund Source: ... Proposed Amt.
Actual Amount
Fund Source: ... Proposed Amt.
Actual Amount
Accompl. Type: Proposed Units
Actual Units
Accompl. Type: ... Proposed Units
Actual Units
FHC
CPMP
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
AID TO VICTIMS OF DOME5nC ABUSE, INC.
THIS AGREEMENT, entered into this day of I 2009, by and between
the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its
Community Development Block Grant Program and AID TO VICITMS OF DOMESTIC ABUSE, INC., a
non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having
its principal office at Post Office Box 667, Delray Beach, FL 33447 and its Federal Tax Identification
Number as 59-2486620.
Whereas, The City of Boynton Beach has entered into an agreement with the United States
Department of Housing and Urban Development for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant
to Title I of the Housing and Community Development Act of 1974, (as amended);
And
Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of
Boynton Beach and AID TO VICITMS OF DOMESTIC ABUSE, INC. desire to provide the activities
specified in Part II of this contract;
And
Whereas, the City of Boynton Beach desires to engage AID TO VICTlMS OF DOMESTIC ABUSE, INC. to
implement such undertakings of the Community Development Block Grant Program. Now, therefore, in
consideration of the mutual premises and covenants herein contained, it is agreed as follows:
PART I
DEFINmON AND PURPOSE
A. Definitions:
1) "City" means City of Boynton Beach
2) "CDBG" means Community Development Block Grant Program of the City of Boynton
Beach
3) "CID" means Community Improvement Division
4) "The Agency" means AID TO VICITMS OF DOMESTIC ABUSE, INC.
Page 1 of 16
5) "CID Approval" means the written approval of the Director of Development or
designee after a request or a report has been properly processed in accordance with
the CID Policies Procedures
6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development
or a person authorized to act on U.S. HUD behalf
7) "Low and Moderate Income Persons" means the definition set by U.S. HUD
B. Puroose:
The purpose of this Agreement is to state the covenants and conditions under which the Agency will
implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project
funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons.
PART II
SCOPE OF SERVICES
The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks
necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget,
Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto
and made a part hereof.
PART III
COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT
A. Maximum Comoensation
The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement
the actual amount of budgeted, eligible, and Director of Development or designee-approved
expenditures and encumbrances made by the Agency under this Agreement. Said service shall be
performed in a manner satisfactory to cm. In no event shall the total compensation or reimbursement
to be paid hereunder exceed the maximum and total authorized sum of $12,000.00 for the period of
October I, 2009 through September 30, 2010.
Further budget changes within the designated contract amount can be approved in writing by the
Director of Development or designee at their discretion up to twenty percent on a cumulative basis of
the contract amount during the contract period.
Page 2 of 16
Such requests for changes must be made in writing by the Agency to the Community Improvement
Manager. Budget changes in excess of this twenty percent must be approved by the Commission of
the City of Boynton Beach.
B. Time of Performance
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon
the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-09-
MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release
of funds by U.S. HUD, whichever is later.
The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to
Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this
Agreement. In any event, all services required hereunder shall be completed by the Agency by
September 30, 2010.
C. Method of Payment
The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs
permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to
the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or
reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted
to CID for approval no later than thirty (30) days after the date the indebtedness was incurred.
Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of
invoices and reports approved by the Agency and cm. For purposes of this section, originals of
invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the
case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors
must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of
payment must be received if any additional funds are to be disbursed.
When original documents cannot be presented, the Agency must adequately justify their absence, in
writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach
Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any
invoices be honored that predate the commencement date of this agreement.
Page 3 of 16
D.
Conditions on which Payment is contingent:
1) Implementation of Project According to Required Procedures
The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws,
ordinances and codes and with the procedures outlined in the CID Policies, and amendments and
additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies
and Procedures. No reimbursements will be made without evidence of appropriate insurance required
by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No
payments will be made until the agency's personnel policies are approved by the Director of
Development Services or his designee CID Manager. No payments for multi-funded projects will be
made until a cost allocation plan has been approved by the CID Manager or his designee and placed on
file with CID. Should a project receive additional funding after the commencement of this Agreement,
the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source
and submit an approved cost allocation plan within forty-five (45) days of said official notification.
2) Financial Accountability
The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by
an independent auditing firm employed by the City or by the City Internal Audit Department at any time
the City deems necessary to determine the capability of the Agency to fiscally manage the project in
accordance with Federal, State, and City requirements.
3) Subcontracts
Any work or services subcontracted hereunder shall be specifically by written contract, written
agreement, or purchase order and shall be subject to each provision of this Agreement. Proper
documentation in accordance with City, State, and Federal guidelines and regulations must be submitted
by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the
work or services covered by this Agreement, including but not limited to consultant work or services,
shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his
designee.
Page 4 of 16
4) Purchasing
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach
Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by
reference.
5) Reports, Audits, and Evaluations
Payment will be contingent on the receipt and approval of reports required by this agreement, the
satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit
Department of the City and Federal Government if required. All reports (monthly and/or quarterly) will
be due within the time prescribed by this Agreement and the attachments hereto following the execution
of this Agreement.
6) Additional CID, CITY and U.S. HUD Requirements
CID shall have the right under this Agreement to suspend or terminate payments until the Agency
complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time.
7) Prior Written Approvals - Summary
The following includes, but is not limited to, activities that require the prior written approval of the em
Manager or his designee to be eligible for reimbursement or payment:
a) All subcontracts and agreements pursuant to this Agreement;
b) All capital equipment expenditures of $1,000 or more;
c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida
Statutes, Chapter 112.061);
d) All change orders; and
e) Requests to utilize uncommitted funds after the expiration of this agreement for programs
described in Exhibit A.
8) Program Generated Income
All income earned by the Agency from activities financed in whole or in part by CDBG funds must be
reported to CID. Such income would include, but not be limited to income from service fees, sale of
commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to
Page 5 of 16
cm the procedure developed to utilize program income to offset project costs. If program income is
used to extend the availability of services provided by the Agency through this Agreement, the prior
written approval of the Director of Development or his designee will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMS Circulars A-
110, and other applicable regulations incorporated herein by reference.
9) Salary Rates and Increases
All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or
cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG
funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior
established guidelines.
PART IV
GENERALCONDmONS
A. Opportunities for Residents and Civil Rights Comoliance
The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability,
national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under
any activity carried out by the performance of this Agreement. Upon receipt of evidence of such
discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded contracts in
connection with the project.
B. Oooortunities for Small, and Minority/Women Owned Business Enterorises
In the procurement of supplies, equipment, construction, or services to implement this Agreement, the
Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as
sources of supplies and services, and provide these enterprises the maximum feasible opportunity to
compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible,
these small and minority/women-owned business enterprises shall be located in or owned by residents
of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by
U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and
Community Development Act of 1968.
Page 6 of 16
C. Proiect Beneficiaries
At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low-
and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S.
HUO, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this
Agreement must reside in the City of Boynton Beach.
The project funded under this agreement shall assist beneficiaries as defined above for the time period
designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance
to CID upon ClO's request.
O. Evaluation and Monitoring
The Agency agrees that CIO will carry out periodic monitoring and evaluation activities as determined
necessary by CIO or the City and that the continuation of this Agreement is dependent upon satisfactory
evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports and output
measures. The Agency agrees to furnish upon request to CIO, the City or City's designees and make
copies or transcriptions of such records and information in connection with services to be provided
hereunder. The Agency shall submit on a monthly and/or quarterly basis, and at other times upon the
request of CID, information and status reports required by CIO, the City, or u.s. HUO on forms approved
by CIO. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities)
will be required. This information will include: (1) detailed information on the status of the project(s)
and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and
moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In
the event that this Agreement should provide funds for capital improvements projects, the Agency shall
be responsible for providing all necessary and pertinent information to CIO in order to allow for
completion of Grantee Performance Reports. However, this exception shall apply only to capital
improvements activities.
E. Audits and Insoections
At any time during normal business hours and as often as CIO, the City, U.S. HUO or the Comptroller
General of the United States may deem necessary, there shall be made available by the Agency to CIO,
the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters
covered by this Agreement. The Agency will permit CIO, the City, U.S. HUD, or the Comptroller General
Page 7 of 16
to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement.
Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or
program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending
federal awards of $300,000 or more under only one federal program may elect to have a program
specific audit performed audit performed, in accordance with OMB A-133.
Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from
an audit conducted in accordance with OMB A-133, although their records must be available for review.
These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance
audits). They may choose instead of a reduced scope audit to have a program audit conducted for each
federal award in accordance with federal laws and regulations governing the programs in which they
participate. Records must be available for review or audit by appropriate officials of the General
Accounting Office and other Federal and city agencies.
The City will require when applicable, in accordance with OMB Circulars A-llO, A-133 and other
applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's
choosing, subject to CID within one hundred and eighty (180) days after the expiration of this
agreement. The cost of said audit should be borne by the Agency. The City will be responsible for
providing technical assistance to the Agency, as deemed necessary by either party.
F. Data Becomes City Prooerty
All reports, plans, surveys, information, documents, maps, and other data procedures developed,
prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the
property of the City without restriction, reservation or limitation of their use and shall be made available
by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated
under this Agreement, copies of all documents and records relating to this Agreement shall be
surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for
three (3) years after expiration of this Agreement.
Page 8 of 16
G. Indemnification and Insurance
The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation
between itself and the City. The Agency shall indemnify and save the City harmless from any and all
claims, losses, damages and causes of actions which may arise out of the performance of this
Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The
Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs
and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and
judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the
City for funds which the City is obligated to refund the Federal Government arising out of the conduct of
activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless
obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in
no event shall they apply to liability caused by the negligence or willful misconduct of the City, its
respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida
Statutes, be waived.
At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive
General Liability Insurance, including coverage for personal injury, bodily injury, property damage and
contractual liability to support the indemnification agreement contained herein. Such insurance shall be
in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by
a Certificate of Insurance, which must also provide documentation or workers compensation for your
employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non-
renewal, or any adverse change in coverage.
H. Maintenance of Effort
The intent and purpose of this Agreement is to increase the availability of the Agency's services. This
Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The
Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar
to those being assisted under this Agreement which is not less than that level existing prior to this
Agreement.
1. Conflict of Interest
The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-ll0
pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein.
Page 9 of 16
The agency further covenants that no person who presently exercises any functions or responsibilities in
connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities
provided under this agreement which would conflict in any manner or degree with the performance of
this Agreement and that no person having any conflict of interest shall be employed by or subcontracted
by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be
disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner
so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
J. Citizen Particioation
Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures,
including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions
of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees
and Citizen Participation Structures upon the request of cm or the City.
K. . Project Publicity
All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to
funding source. The Agency will include a reference to the financial support herein provided by City of
Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good
faith effort to recognize City's support for all activities made possible with fund available under this
agreement.
L. Contract Documents
The following documents are herein incorporated by reference and made part hereof, and shall
constitute and be referred to as the contract; and all of said documents taken as a whole constitute the
contract between the parties hereto and are as fully a part of the contract as if they were set forth
verbatim and at length herein:
1) This Agreement including its Exhibits
2) Office of Management and Budget Circulars A-110, A-122 and A-133
3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of
1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans
With Disabilities Act of 1990
4) Executive Orders 11246, i1478, 11625, 12432, the Davis Bacon Act of 1988 and
Section 109 of the Hosing and Community Development Act of 1974
Page 10 of 16
5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the
Housing and Development Act of 1974
6) Florida Statutes, Chapter 112 and 768.28
7) City of Boynton Beach Purchasing Ordinance
8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended
9) The Agency's Personnel Policies and Job Descriptions
10) The Agency's Incorporation Certificate and Articles of Incorporation
11) The Agency's by-laws
12) The Agency's Certificate of Insurance and Bonding
13) Current list of the Agency's Officers and members of Board of Directors
14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these
documents are filed and will be maintained on file at the office of Community Redevelopment.
One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID.
Items 9 through 14 above shall be transmitted to CID by the Agency.
M. Termination
In the event of termination for any of the following all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the
Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach.
In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained
by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any
payment to the Agency until such time as the exact amount of damages due to the City from the Agency
is determined.
1) Termination for Cause
If through any cause the Agency shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the Agency shall violate any of the covenants,
agreements, or stipulations of this Agreement, the City shall provide the Agency with written
notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30)
calendar days to remedy the failure or violation. In the event that the Agency does not
remedy the failure or violation, within the thirty (30) day calendar period, the City then has
the right to terminate this Agreement or suspend payment in whole or part by giving written
notice to the Agency of such termination or suspension of payment and specify the effective
date thereof, at least five (5) working days before the effective date of termination or
suspension.
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2) Termination for Convenience
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other
party. Upon termination, the City shall pay the Agency for services rendered pursuant to this
Agreement through and including the date of termination.
3) In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.S. HUD specifies.
N. Severabilitv of Provisions
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of applicable
law.
O. Leveraging
The Agency agrees to seek additional supportive or replacement funding from at least two (2) other
funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds.
Proposals to other agencies will be made in writing and a copy of such provided to C!D.
P. Amendments
The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State,
County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be. incorporated by
written amendment as part of this Agreement and shall be subject to approval by the City of Boynton
Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the City Commission and signed by both parties.
Q. Notice
All notice required to be given under this Agreement shall be sufficient when delivered to C!D at its
office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered
to its office at the address listed on Page One of this Agreement.
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R. Indeoendent Contractor
Except as duly noted in Part III, Section 0(9), the Agency agrees that, in all matters relating to this
Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton
Beach employees and are not subject to the City Provisions of the law applicable to City employees
relative to employment compensation and employee benefits.
S. Public Entity Crimes
As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance
hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately preceding the date hereof. F. S.
287.133(3)(a) requires this notice.
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T. Counterparts of This Agreement
This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be
executed in two (2) counterparts, each of which shall be deemed to be an original, and such
counterparts will constitute one and the same instrument.
WITNESS our Hands and Seals on the
day of
,2009.
ATTEST:
JANET PRAINITO, CMC
CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA
Political Subdivision of the State of Florida
BY:
BY:
CITY CLERK
CITY MANAGER
APPROVED AS TO FORM:
CITY ATrORNEY
AID TO VICTIMS OF DOMESTIC ABUSE, INC.
By:
By:
[CORPORATE SEAL]
Page 14 of 16
AID TO VICTIMS OF DOMEsnc ABUSE, INC.
EXHIBIT A
WORK NARRATIVE
I. The Agency agrees to, within the time line of October 1, 2009 through September 30, 2010 to:
A. Provide programs in schools to students in Pre-K to 12th grade designed to prevent domestic
violence.
B. Identify children living in homes where domestic abuse is present. Children who are identified
as being affected by domestic violence are given the opportunity to participate in a support
group.
C. Goals of the programs include:
1. Provide domestic violence education presentations for 400 students in the municipality of
Boynton Beach.
2. Facilitate two [2] support groups for Boynton Beach students.
3. Provide safety planning to students at presentations and in support groups.
D. Report the receipt of any income earned by the Agency to the CID Manager within five (5)
working days before the receipt of the income. Any income earned by the Agency will be
considered program income and will be subject to cm and U.S. HUD regulations and this
Agreement.
II. The City Agrees to:
A. Reimburse the Agency for the following budget items:
Salaries........................................................................................... $9,620.00
FICA................ .................................................................................... 726.00
Insurance..... ..................................... ................................................ 1,654.00
TOTAL.................... ...................................................................... .$12,000.00
B. Provide technical assistance to ensure compliance with CIO, U.S. HUD and applicable Federal,
State and City regulations to this Agreement.
C. Provide overall administration and coordination activities to ensure that planned activities are
completed in a timely manner.
D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled
or unscheduled as determined by CID, be conducted by CIO staff or its contractor, and will
ensure compliance with U.S. HUD regulations, that planned activities are conducted in a
timely manner and verify the accuracy of reporting to CID on program activities.
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AID TO VICllMS OF DOMEmC ABUSE, INC.
EXHIBIT B
LETTERHEAD STATIONERY
To:
Octavia S. Sherrod, Community Improvement Manager
Community Improvement Division
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33425-0310
From:
[Name of Sub-grantee]
[Address]
[Telephone]
INVOICE REIMBURSEMENT
Subject:
Attached, you will find Invoice # I requesting reimbursement in the amount of $ . The
expenditures for this invoice cover the period [date] through [date]. You will also find attached back up,
original documentation relating to the expenditures being involved.
APPROVED FOR PAYMENT - Octavia S. Sherrod
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AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
COMMUNITY CARING CENTER of BOYNTON BEACH, INC.
THIS AGREEMENT, entered into this day of , 2009, by and between
the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its
Community Development Block Grant Program and COMMUNITY CARING CENTER of BOYNTON
BEACH, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of
Florida, having its principal office at 145 N.E. 4th Avenue, Boynton Beach, Florida 33435 and its Federal
Tax Identification Number as 65-0447796.
Whereas, The City of Boynton Beach has entered into an agreement with the United States
Department of Housing and Urban Development for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant
to Title I of the Housing and Community Development Act of 1974, (as amended);
And
Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of
Boynton Beach and COMMUNITY CARING CENTER of BOYNTON BEACH, INC. desire to provide the
activities specified in Part II of this contract;
And
Whereas, the City of Boynton Beach desires to engage COMMUNITY CARING CENTER of BOYNTON
BEACH, INC. to implement such undertakings of the Community Development Block Grant Program.
Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed
as follows:
PART I
DEFINmON AND PURPOSE
A. Definitions:
1) "City" means City of Boynton Beach
2) "CDBG" means Community Development Block Grant Program of the City of Boynton
Beach
3) "CIO" means Community Improvement Division
4) "The Agency" means COMMUNITY CARING CENTER OF BOYNTON BEACH, INC.
Page 1 of 16
5) "CID Approval" means the written approval of the Director of Development or
designee after a request or a report has been properly processed in accordance with
the CID Policies Procedures
6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development
or a person authorized to act on U.S. HUD behalf
7) "Low and Moderate Income Persons" means the definition set by U.S. HUD
B. Purpose:
The purpose of this Agreement is to state the covenants and conditions under which the Agency will
implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project
funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons.
PART II
SCOPE OF SERVICES
The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks
necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget,
Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto
and made a part hereof.
PART III
COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT
A. Maximum Comoensation
The Agency agrees to accept as full payment for eligible serVices rendered pursuant to this Agreement
the actual amount of budgeted, eligible, and Director of Development or designee-approved
expenditures and encumbrances made by the Agency under this Agreement. Said service shall be
performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement
to be paid hereunder exceed the maximum and total authorized sum of $55,478.00 for the period of
October I, 2009 through September 30, 2010.
Further budget changes within the designated contract amount can be approved in writing by the
Director of Development or designee at their discretion up to twenty percent on a cumulative basis of
the contract amount during the contract period.
Page 2 of 16
Such requests for changes must be made in writing by the Agency to the Community Improvement
Manager. Budget changes in excess of this twenty percent must be approved by the Commission of
the City of Boynton Beach.
B. Time of Performance
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon
the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-09-
MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release
of funds by U.S. HUD, whichever is later.
The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to
Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this
Agreement. In any event, all services required hereunder shall be completed by the Agency by
September 30, 2010.
C. Method of Payment
The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs
permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to
the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or
reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted
to CID for approval no later than thirty (30) days after the date the indebtedness was incurred.
Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of
invoices and reports approved by the Agency and CID. For purposes of this section, originals of
invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the
case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors
must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of
payment must be received if any additional funds are to be disbursed.
When original documents cannot be presented, the Agency must adequately justify their absence, in
writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach
Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any
invoices be honored that predate the commencement date of this agreement.
Page 3 of 16
D.
Conditions on which Payment is contingent:
1) Implementation of Project According to Required Procedures
The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws,
ordinances and codes and with the procedures outlined in the CID Policies, and amendments and
additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies
and Procedures. No reimbursements will be made without evidence of appropriate insurance required
by this Agreement on file with CID in accordance with Part N, Section G of this Agreement. No
payments will be made until the agency's personnel policies are approved by the Director of
Development Services or his designee cm Manager. No payments for multi-funded projects will be
made until a cost allocation plan has been approved by the CID Manager or his designee and placed on
file with CID. Should a project receive additional funding after the commencement of this Agreement,
the Agency shall notify cm in writing within thirty (30) days of their notification by the funding source
and submit an approved cost allocation plan within forty-five (45) days of said official notification.
2) Financial Accountability
The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by
an independent auditing firm employed by the City or by the City Internal Audit Department at any time
the City deems necessary to determine the capability of the Agency to fiscally manage the project in
accordance with Federal, State, and City requirements.
3) Subcontracts
Any work or services subcontracted hereunder shall be specifically by written contract, written
agreement, or purchase order and shall be subject to each provision of this Agreement. Proper
documentation in accordance with City, State, and Federal guidelines and regulations must be submitted
by the Agency to cm and approved by cm prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the
work or services covered by this Agreement, including but not limited to consultant work or services,
shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his
designee.
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4) Purchasing
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach
Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by
reference.
5) Reports, Audits, and Evaluations
Payment will be contingent on the receipt and approval of reports required by this agreement, the
satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit
Department of the City and Federal Government if required. All reports (monthly and/or quarterly) will
be due within the time prescribed by this Agreement and the attachments hereto following the execution
of this Agreement.
6) Additional CID, CITY and U.S. HUD Requirements
cm shall have the right under this Agreement to suspend or terminate payments until the Agency
complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time.
7) Prior Written Approvals - Summary
The following includes, but is not limited to, activities that require the prior written approval of the cm
Manager or his designee to be eligible for reimbursement or payment:
a) All subcontracts and agreements pursuant to this Agreement;
b) All capital equipment expenditures of $1,000 or more;
c). All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida
Statutes, Chapter 112.061);
d) All change orders; and
e) Requests to utilize uncommitted funds after the expiration of this agreement for programs
described in Exhibit A.
8) Program Generated Income
All income earned by the Agency from activities financed in whole or in part by CDBG funds must be
reported to cm. Such income would include, but not be limited to income from service fees, sale of
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commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to
cm the procedure developed to utilize program income to offset project costs. If program income is
used to extend the availability of services provided by the Agency through this Agreement, the prior
written approval of the Director of Development or his designee will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A-
110, and other applicable regulations incorporated herein by reference.
9) Salary Rates and Increases
All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or
cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG
funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior
established guidelines.
PART IV
GENERAL CON DmONS
A. Oooortunities for Residents and Civil Rights Comoliance
The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability,
national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under
any activity carried out by the performance of this Agreement. Upon receipt of evidence of such
discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded contracts in
connection with the project.
B. Opportunities for Small, and Minority/Women Owned Business Enterorises
In the procurement of supplies, equipment, construction, or services to implement this Agreement, the
Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as
sources of supplies and services, and provide these enterprises the maximum feasible opportunity to
compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible,
these small and minority/women-owned business enterprises shall be located in or owned by residents
of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by
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U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and
Community Development Act of 1968.
C. Project Beneficiaries
At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low-
and moderate-income persons. Since the project is located in an entitlement city, as' defined by U.S.
HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this
Agreement must reside in the City of Boynton Beach.
The project funded under this agreement shall assist beneficiaries as defined above for the time period
designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance
to CID upon CID's request.
D. Evaluation and Monitoring
The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined
necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory
evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports and output
measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make
copies or transcriptions of such records and information in connection with services to be provided
hereunder. The Agency shall submit on a monthly and/or quarterly basis, and at other times upon the
request of CID, information and status reports required by CID, the City, or U.s. HUD on forms approved
by CID. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities)
will be required. This information will include: (1) detailed information on the status of the project(s)
and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and
moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In
the event that this Agreement should provide funds for capital improvements projects, the Agency shall
be responsible for providing all necessary and pertinent information to CID in order to allow for
completion of Grantee Performance Reports. However, this exception shall apply only to capital
improvements activities.
Page 7 of 16
E. Audits and Inspections
At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller
General of the United States may deem necessary, there shall be made available by the Agency to CID,
the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters
covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General
to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement.
Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or
program specific audit conducted in accordance with OMS A-133. Nonprofit organizations expending
federal awards of $300,000 or more under only one federal program may elect to have a program
specific audit performed audit performed, in accordance with OMS A-133.
Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from
an audit conducted in accordance with OMS A-133, although their records must be available for review.
These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance
audits). They may choose instead of a reduced scope audit to have a program audit conducted for each
federal award in accordance with federal laws and regulations governing the programs in which they
participate. Records must be available for review or audit by appropriate officials of the General
Accounting Office and other Federal and city agencies.
The City will require when applicable, in accordance with OMS Circulars A-llO, A-133 and other
applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's
choosing, subject to CID within one hundred and eighty (180) days after the expiration of this
agreement. The cost of said audit should be borne by the Agency. The City will be responsible for
providing technical assistance to the Agency, as deemed necessary by either party.
F. Data Becomes City Property
All reports, plans, surveys, information, documents, maps, and other data procedures developed,
prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the
property of the City without restriction, reservation or limitation of their use and shall be made available
by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated
Page 8 of 16
under this Agreement, copies of all documents and records relating to this Agreement shall be
surrendered to CIO, if requested. In any event, the Agency shall keep all documents and records for
three (3) years after expiration of this Agreement.
G. Indemnification and Insurance
The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation
between itself and the City. The Agency shall indemnify and save the City harmless from any and all
claims, losses, damages and causes of actions which may arise out of the performance of this
Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The
Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs
and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and
judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the
City for funds which the City is obligated to refund the Federal Government arising out of the conduct of
activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless
obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in
no event shall they apply to liability caused by the negligence or willful misconduct of the City, its
respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida
Statutes, be waived.
At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive
General Liability Insurance, including coverage for personal injury, bodily injury, property damage and
contractual liability to support the indemnification agreement contained herein. Such insurance shall be
in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by
a Certificate of Insurance, which must also provide documentation or workers compensation for your
employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non-
renewal, or any adverse change in coverage.
H. Maintenance of Effort
The intent and purpose of this Agreement is to increase the availability of the Agency's services. This
Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The
Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar
to those being assisted under this Agreement which is not less than that level existing prior to this
Agreement.
Page 9 of 16
1. Conflict of Interest
The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-ll0
pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein.
The agency further covenants that no person who presently exercises any functions or responsibilities in
connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities
provided under this agreement which would conflict in any manner or degree with the performance of
this Agreement and that no person having any conflict of interest shall be employed by or subcontracted
by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be
disclosed in writing to cm provided, however, that this paragraph shall be interpreted in such a manner
so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
J. Citizen Participation
Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures,
including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions
of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees
and Citizen Participation Structures upon the request of CID or the City.
K. Project Publicity
All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to
funding source. The Agency will include a reference to the financial support herein provided by City of
Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good
faith effort to recognize City's support for all activities made possible with fund available under this
agreement.
L. Contract Documents
The following documents are herein incorporated by reference and made part hereof, and shall
constitute and be referred to as the contract; and all of said documents taken as a whole constitute the
contract between the parties hereto and are as fully a part of the contract as if they were set forth
verbatim and at length herein:
1) This Agreement including its Exhibits
2) Office of Management and Budget Circulars A-HO, A-122 and A-133
Page 10 of 16
3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of
1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans
With Disabilities Act of 1990
4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and
Section 109 of the Hosing and Community Development Act of 1974
5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the
Housing and Development Act of 1974
6) Florida Statutes, Chapter 112 and 768.28
7) City of Boynton Beach Purchasing Ordinance
8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended
9) The Agency's Personnel Policies and Job Descriptions
10) The Agency's Incorporation Certificate and Articles of Incorporation
11) The Agency's by-laws
12) The Agency's Certificate of Insurance and Bonding
13) Current list of the Agency's Officers and members of Board of Directors
14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these
documents are filed and will be maintained on file at the office of Community Redevelopment.
One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID.
Items 9 through 14 above shall be transmitted to CID by the Agency.
M. Termination
In the event of termination for any of the following all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the
Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach.
In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained
by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any
payment to the Agency until such time as the exact amount of damages due to the City from the Agency
is determined.
1) Termination for Cause
If through any cause the Agency shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the Agency shall violate any of the covenants,
agreements, or stipulations of this Agreement, the City shall provide the Agency with written
notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30)
calendar days to remedy the failure or violation. In the event that the Agency does not
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remedy the failure or violation, within the thirty (30) day calendar period, the City then has
the right to terminate this Agreement or suspend payment in whole or part by giving written
notice to the Agency of such termination or suspension of payment and specify the effective
date thereof, at least five (5) working days before the effective date of termination or
suspension.
2) Termination for Convenience
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other
party. Upon termination, the City shall pay the Agency for services rendered pursuant to this
Agreement through and including the date of termination.
3) In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.S. HUD specifies.
N. Severability of Provisions
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of applicable
law.
O. Leveraging
The Agency agrees to seek additional supportive or replacement funding from at least two (2) other
funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds.
Proposals to other agencies will be made in writing and a copy of such provided to cm.
P. Amendments
The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State,
County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by
written amendment as part of this Agreement and shall be subject to approval by the City of Boynton
Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the City Commission and signed by both parties.
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Q. Notice
All notice required to be given under this Agreement shall be sufficient when delivered to cm at its
office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered
to its office at the address listed on Page One of this Agreement.
R. Indeoendent Contractor
Except as duly noted in Part III, Section 0(9), the Agency agrees that, in all matters relating to this
Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton
Beach employees and are not subject to the City Provisions of the law applicable to City employees
relative to employment compensation and employee benefits.
S. Public Entity Crimes
As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance
hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultantS who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately preceding the date hereof. F. S.
287.133(3)(a) requires this notice.
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T. Counteroarts of This Agreement
This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be
executed in two (2) counterparts, each of which shall be deemed to be an original, and such
counterparts will constitute one and the same instrument.
WITNESS our Hands and Seals on the
day of
, 2009.
ATTEST:
JANET PRAINITO, CMC
cm CLERK, cm OF BOYNTON BEACH, FLORIDA
Political Subdivision of the State of Florida
BY:
BY:
cm CLERK
cm MANAGER
APPROVED AS TO FORM:
em ATTORNEY
COMMUNITY CARING CENTER of BOYNTON BEACH, INC.
By:
By:
[CORPORATE SEAL]
Page 14 of 16
COMMUNITY CARING CENTER of BOYNTON BEACH, INC.
EXHIBIT A
WORK NARRATIVE
I. The Agency agrees, within the time line of October 1, 2009 through September 30, 2010, to
provide the following services:
A. Food Pantry at the Community Caring Center office, and SHARE (Self Help and Resource
Exchange) Program at the Ezell Hester Center.
B. Financial Aid for transportation, utility bill payment, rent and/or mortgage assistance, medication &
temporary lodging vouchers.
C. Provide Children's Nutrition Education to preschoolers, as well as participate in 3 Health Fairs to
include child nutritional educational materials.
D. Provide emergency disaster assistance both pre & post activity, if needed.
E. Volunteer caregiving for the frail and elderly, with training sessions for volunteer & primary
caregivers.
F. Referral services for jobs placement & tax information.
G. Homeless outreach program for up to 50 individuals.
H. Assist clients with food stamp applications and prescription drug assistance.
1. Report the receipt of any income earned by the Agency to the ClO Manager within five (5) working
days before the receipt of the income. Any income earned by the Agency will be considered
program income and will be subject to ClO and U.S. HUD regulations and this Agreement.
II. The City Agrees to:
A. Reimburse the Agency for the following budget items:
Salaries....................................................................................................... $41,478.00
(25% of the Executive Directors Salary; four (4) part time case managers)
Utilities................................................................................................................ 1,000
Insurances........................................................................................................... 8,000
Mortgage............................................................................................................. 2,000
Audit................................................................................................................... 3,000
TOTAL......................................................................................................... $55,478.00
B. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable Federal,
State and City regulations to this Agreement.
C. Provide overall administration and coordination activities to ensure that planned activities are
completed in a timely manner.
D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or
unscheduled as determined by ClO, be conducted by ClO staff or its contractor, and will ensure
compliance with U.s. HUD regulations, that planned activities are conducted in a timely manner
and verify the accuracy of reporting to ClO on program activities.
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COMMUNITY CARING CENTER of BOYNTON BEACH, INC.
EXHIBIT B
LETTERHEAD STAll0NERY
To:
Octavia S. Sherrod, Community Improvement Manager
Community Improvement Division
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33425-0310
From:
[Name of Sub-grantee]
[Address]
[Telephone]
INVOICE REIMBURSEMENT
Subject:
Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The
expenditures for this invoice cover the period [date] through [date]. You will also find attached back up,
original documentation relating to the expenditures being involved.
APPROVED FOR PAYMENT - Octavia S. Sherrod
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AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION,
TOGETHER WITH
R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC.
THIS AGREEMENT, entered into this day of , 2009, by and between
the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its
Community Development Block Grant Program and BOYNTON BEACH FAITH BASED COMMUNITY
DEVELOPMENT CORPORATION, a non-profit corporation duly organized and existing by virtue of the
laws of the State of Florida, having its principal office at 2191 N. Seacrest Boulevard, Boynton Beach,
Florida 33435 and its Federal Tax Identification Number as 65-0971509., together with R. M. LEE
COMMUNITY DEVELOPMENT CENTER, INC., a non-profit duly organized and existing by virtue of the
laws of the State of Florida, having its principal office at 499 Boynton Circle, Boynton Beach, FL 33435
and its Federal Tax Identification Number as 65-0937804.
Whereas, The City of Boynton Beach has entered into an agreement with the United States
Department of Housing and Urban Development for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant
to TItle I of the Housing and Community Development Act of 1974, (as amended);
And
Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of
Boynton Beach and BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION,
together with R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC., desire to provide the activities
specified in Part II of this contract;
And
Whereas, the City of Boynton Beach desires to engage BOYNTON BEACH FAITH BASED COMMUNITY
DEVELOPMENT CORPORATION, together with R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC. to
implement such undertakings of the Community Development Block Grant Program. Now, therefore, in
consideration of the mutual premises and covenants herein contained, it is agreed as follows:
Page 1 of 16
PART I
DEFINmON AND PURPOSE
A. Definitions:
1) "City" means City of Boynton Beach
2) "CDBG" means Community Development Block Grant Program of the City of Boynton
Beach
3) "CID" means Community Improvement Division
4) "The Agencies" means BOYNTON BEACH FAITH BASED COMMUNTIY DEVELOPMENT
CORPORATION, together with R. M. LEE COMMUNTIY DEVELOPMENT CENTER, INC.
5) "CID Approval" means the written approval of the Director of Development or
designee after a request or a report has been properly processed in accordance with
the CID Policies Procedures
6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development
or a person authorized to act on U.S. HUD behalf
7) "Low and Moderate Income Persons" means the definition set by u.s. HUD
B. Puroose:
The purpose of this Agreement is to state the covenants and conditions under which the Agencies will
implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project
funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons.
PART II
SCOPE OF SERVICES
The Agencies shall, in a satisfactory and proper manner as determined by CID, perform the tasks
necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget,
Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto
and made a part hereof.
PART III
COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT
A. Maximum Compensation
Page 2 of 16
The Agencies agree to accept as full payment for eligible services rendered pursuant to this Agreement
the actual amount of budgeted, eligible, and Director of Development or designee-approved
expenditures and encumbrances made by the Agencies under this Agreement. Said service shall be
performed in a manner satisfactory to cm. In no event shall the total compensation or reimbursement
to be paid hereunder exceed the maximum and total authorized sum of $217,995.00 for the period of
October I, 2009 through September 30, 2010.
Further budget changes within the designated contract amount can be approved in writing by the
Director of Development or designee at their discretion up to twenty percent on a cumulative basis of
the contract amount during the contract period.
Such requests for changes must be made in writing by the Agencies to the Community Improvement
Manager. Budget changes in excess of this twenty percent must be approved by the Commission of
the City of Boynton Beach.
B. Time of Performance
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon
the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-09-
MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release
of funds by U.S. HUD, whichever is later.
The services of the Agencies shall commence upon execution of this Agreement or receipt of an Order to
Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this
Agreement. In any event, all services required hereunder shall be completed by the Agencies by
September 30, 2010.
C. Method of Payment
The City agrees to make payments and/or to reimburse the Agencies for all eligible budgeted costs
permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to
the Agencies or any Subcontractor hereunder. Requests by the Agencies for direct payments or
reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted
to CID for approval no later than thirty (30) days after the date the indebtedness was incurred.
Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of
invoices and reports approved by the Agencies and CID. For purposes of this section, originals of
invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the
Page 3 of 16
case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors
must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of
payment must be received if any additional funds are to be disbursed.
When original documents cannot be presented, the Agencies must adequately justify their absence, in
writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach
Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any
invoices be honored that predate the commencement date of this agreement.
D.
Conditions on which Payment is contingent:
1) Implementation of Project According to Required Procedures
The Agencies shall implement this Agreement in accordance with applicable Federal, State and City laws,
ordinances and codes and with the procedures outlined in the CID Policies, and amendments and
additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies
and Procedures. No reimbursements will be made without evidence of appropriate insurance required
by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No
payments will be made until the Agencies' personnel policies are approved by the Director of
Development Services or his designee CID Manager. No payments for multi-funded projects will be
made until a cost allocation plan has been approved by the CID Manager or his designee and placed on
file with CID. Should a project receive additional funding after the commencement of this Agreement,
the Agencies shall notify CID in writing within thirty (30) days of their notification by the funding source
and submit an approved cost allocation plan within forty-five (45) days of said official notification.
2) Financial Accountability
The City may have a financial system analysis and an internal fiscal control evaluation of the Agencies by
an independent auditing firm employed by the City or by the City Internal Audit Department at any time
the City deems necessary to determine the capability of the Agencies to fiscally manage the project in
accordance with Federal, State, and City requirements.
3) Subcontracts
Page 4 of 16
Any work or services subcontracted hereunder shall be specifically by written contract, written
agreement, or purchase order and shall be subject to each provision of this Agreement. Proper
documentation in accordance with City, State, and Federal guidelines and regulations must be submitted
by the Agencies to CID and approved by CID prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the
work or services covered by this Agreement, including but not limited to consultant work or services,
shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his
designee.
4) Purchasing
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach
Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by
reference.
5) Reports, Audits, and Evaluations
Payment will be contingent on the receipt and approval of reports required by this agreement, the
satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit
Department of the City and Federal Government if required. All reports (monthly and/or quarterly) will
be due within the time prescribed by this Agreement and the attachments hereto following the execution
of this Agreement.
6) Additional CID, CITY and U.S. HUD Requirements
CID shall have the right under this Agreement to suspend or terminate payments until the Agencies
complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time.
7) Prior Written Approvals - Summary
The following includes, but is not limited to, activities that require the prior written approval of the CID
Manager or his designee to be eligible for reimbursement or payment:
a) All subcontracts and agreements pursuant to this Agreement;
b) All capital equipment expenditures of $1,000 or more;
Page 5 of 16
c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida
Statutes, Chapter 112.061);
d) All change orders; and
e) Requests to utilize uncommitted funds after the expiration of this agreement for programs
described in Exhibit A.
8) Program Generated Income
All income earned by the Agencies from activities financed in whole or in part by CDBG funds must be
reported to CID. Such income would include, but not be limited to income from service fees, sale of
commodities, and rental or usage fees. In addition to reporting said income, the Agencies shall report to
CID the procedure developed to utilize program income to offset project costs. If program income is
used to extend the availability of services provided by the Agencies through this Agreement, the prior
written approval of the Director of Development or his designee will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A-
110, and other applicable regulations incorporated herein by reference.
9) Salary Rates and Increases
All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or
cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG
funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior
established guidelines.
PART IV
GENERALCOND~ONS
A. Oooortunities for Residents and Civil Ri9hts Comoliance
The Agencies agrees that no person shall, on the grounds of race, color, mental or physical disability,
national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under
any activity carried out by the performance of this Agreement. Upon receipt of evidence of such
discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or
Page 6 of 16
owned in substantial part by persons residing in the project areas shall be awarded contracts in
connection with the project.
B. Opportunities for Small. and Minority/Women Owned Business Enterorises
In the procurement of supplies, equipment, construction, or services to implement this Agreement, the
Agencies shall make a positive effort to utilize small and minority/women-owned business enterprises as
sources of supplies and services, and provide these enterprises the maximum feasible opportunity to
compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible,
these small and minority/women-owned business enterprises shall be located in or owned by residents
of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by
U. S. HUD. At a minimum, the Agencies shall comply with the Section 3 Clause of the Housing and
Community Development Act of 1968.
C. Proiect Beneficiaries
At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low-
and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S.
HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this
Agreement must reside in the City of Boynton Beach.
The project funded under this agreement shall assist beneficiaries as defined above for the time period
designated in Exhibit "Au of this Agreement. The Agencies shall provide written verification of
compliance to CID upon CID's request.
D. Evaluation and Monitoring
The Agencies agree that CID will carry out periodic monitoring and evaluation activities as determined
necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory
evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports and output
measures. The Agencies agree to furnish upon request to CID, the City or City's designees and make
copies or transcriptions of such records and information in connection with services to be provided
hereunder. The Agencies shall submit on a monthly and/or quarterly basis, and at other times upon the
request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved
by CID. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities)
will be required. This information will include: (1) detailed information on the status of the project(s)
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and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and
moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In
the event that this Agreement should provide funds for capital improvements projects, the Agencies shall
be responsible for providing all necessary and pertinent information to CID in order to allow for
completion of Grantee Performance Reports. However, this exception shall apply only to capital
improvements activities.
E. Audits and Insoections
At any time during normal business hours and as often as CIO, the City, U.S. HUD or the Comptroller
General of the United States may deem necessary, there shall be made available by the Agencies to CID,
the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters
covered by this Agreement. The Agencies will permit CID, the City, U.S. HUD, or the Comptroller General
to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement.
Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or
program specific audit conducted in accordance with OMS A-133. Nonprofit organizations expending
federal awards of $300,000 or more under only one federal program may elect to have a program
specific audit performed audit performed, in accordance with OMS A-133.
Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from
an audit conducted in accordance with OMS A-133, although their records must be available for review.
These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance
audits). They may choose instead of a reduced scope audit to have a program audit conducted for each
federal award in accordance with federal laws and regulations governing the programs in which they
participate. Records must be available for review or audit by appropriate officials of the General
Accounting Office and other Federal and city agencies.
The City will require when applicable, in accordance with OMS Circulars A-HO, A-133 and other
applicable regulations, the Agencies to submit an audit by a Certified Public Account of the Agencies'
choosing, subject to CIO within one hundred and eighty (180) days after the expiration of this
Page 8 of 16
agreement. The cost of said audit should be borne by the Agencies. The City will be responsible for
providing technical assistance to the Agencies, as deemed necessary by either party.
F. Data Becomes City Property
All reports, plans, surveys, information, documents, maps, and other data procedures developed,
prepared, assembled or completed by the Agencies for the purpose of this Agreement shall become the
property of the City without restriction, reservation or limitation of their use and shall be made available
by the Agencies at any time upon request by the City or CID. Upon completion of all work contemplated
under this Agreement, copies of all documents and records relating to this Agreement shall be
surrendered to CID, if requested. In any event, the Agencies shall keep all documents and records for
three (3) years after expiration of this Agreement.
G. Indemnification and Insurance
The Agencies recognize that it is an independent Contractor and stipulates or implies no affiliation
between itself and the City. The Agencies shall indemnify and save the City harmless from any and all
claims, losses, damages and causes of actions which may arise out of the performance of this
Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The
Agencies shall pay all claims and losses of any nature whatsoever in connection therewith including costs
and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and
judgments which may result. In particular, the Agencies will hold the City harmless and will indemnify
the City for funds which the City is obligated to refund the Federal Government arising out of the
conduct of activities and administration of the Agencies. The Agencies' aforesaid indemnity and hold
harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by
law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the
City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in
768.28, Florida Statutes, be waived.
At all times during the terms of this Agreement, the Agencies shall maintain in force Comprehensive
General Liability Insurance, including coverage for personal injury, bodily injury, property damage and
contractual liability to support the indemnification agreement contained herein. Such insurance shall be
in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by
a Certificate of Insurance, which must also provide documentation or workers compensation for your
Page 9 of 16
employees to statutory limits. Agencies shall provide for thirty (30) days notice of cancellation, non-
renewal, or any adverse change in coverage.
H. Maintenance of Effort
The intent and purpose of this Agreement is to increase the availability of the Agencies' services. This
Agreement is not to substitute for or replace existing or planned projects or activities of the Agencies.
The Agencies agree to maintain a level of activities and expenditures, planned or existing, for projects
similar to those being assisted under this Agreement which is not less than that level existing prior to
. this Agreement.
I. Conflict of Interest
The Agencies agree to abide by and be governed by Office of Management and Budget Circulars A-ll0
pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein.
The Agencies further covenants that no person who presently exercises any functions or responsibilities
in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the
activities provided under this agreement which would conflict in any manner or degree with the
performance of this Agreement and that no person having any conflict of interest shall be employed by
or subcontracted by the Agencies. Any possible conflict of interest on the part of the Agencies or its
employees shall be disclosed in writing to CID provided, however, that this paragraph shall . be
interpreted in such a manner so as not to unreasonably impede the statutory requirement, that
maximum opportunity be provided for employment of and participation of lower-income residents of the
project target area.
J. Citizen Participation
Agencies shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures,
including the appropriate Area Committees, of the activities of the Agencies in carrying out the
provisions of this Agreement. Representatives of the Agencies shall attend meetings of the appropriate
Committees and Citizen Participation Structures upon the request of CID or the City.
K. Proiect Publicity
All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to
funding source. The Agencies will include a reference to the financial support herein provided by City of
Boynton Beach and/or HUD in all publications and publicity. In addition, the Agencies will make a good
Page 10 of 16
faith effort to recognize City's support for all activities made possible with fund available under this
agreement.
L. Contract Documents
The following documents are herein incorporated by reference and made part hereof, and shall
constitute and be referred to as the contract; and all of said documents taken as a whole constitute the
contract between the parties hereto and are as fully a part of the contract as if they were set forth
verbatim and at length herein:
1) This Agreement including its Exhibits
2) Office of Management and Budget Circulars A-110, A-122 and A-133
3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of
1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans
With Disabilities Act of 1990
4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and
Section 109 of the Hosing and Community Development Act of 1974
5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the
Housing and Development Act of 1974
6) Florida Statutes, Chapter 112 and 768.28
7) City of Boynton Beach Purchasing Ordinance
8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended
9) The Agencies' Personnel Policies and Job Descriptions
10) The Agencies' Incorporation Certificate and Articles of Incorporation
11) The Agencies' by-laws
12) The Agencies' Certificate of Insurance and Bonding
13) Current list of the Agencies' Officers and members of Board of Directors
14) Proof of Agencies' 501@(3) certification from Internal Revenue Service (IRS). All of these
documents are filed and will be maintained on file at the office of Community Redevelopment.
One (1) copy of the contract documents 1 through 8 will be furnished to the Agencies by CID.
Items 9 through 14 above shall be transmitted to CID by the Agencies.
M. Termination
In the event of termination for any of the following all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the
Agencies with CDBG funds under this Agreement shall be returned to the City of Boynton Beach.
Page 11 of 16
In the event of termination, the Agencies shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of the Agreement by the Agencies, and the City may
withhold any payment to the Agencies until such time as the exact amount of damages due to the City
from the Agencies is determined.
1) Termination for Cause
If through any cause the Agencies shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the Agencies shall violate any of the covenants,
agreements, or stipulations of this Agreement, the City shall provide the Agencies with
written notice specifying the exact nature of the failure or violation. Thereafter, the Agencies
has (30) calendar days to remedy the failure or violation. In the event that the Agencies do
not remedy the failure or violation, within the thirty (30) day calendar period, the City then
has the right to terminate this Agreement or suspend payment in whole or part by giving
written notice to the Agencies of such termination or suspension of payment and specify the
effective date thereof, at least five (5) working days before the effective date of termination
or suspension.
2) Termination for Convenience
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other
party. Upon termination, the City shall pay the Agencies for services rendered pursuant to
this Agreement through and including the date of termination.
3) In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.S. HUD specifies.
N. Severability of Provisions
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of applicable
law.
O. Leveraging
The Agencies agree to seek additional supportive or replacement funding from at least two (2) other
funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds.
Proposals to other agencies will be made in writing and a copy of such provided to CID.
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P. Amendments
The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State,
County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by
written amendment as part of this Agreement and shall be subject to approval by the City of Boynton
Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the City Commission and signed by both parties.
Q. Notice
All notice required to be given under this Agreement shall be sufficient when delivered to cm at its
office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agencies when delivered
to its office at the address listed on Page One of this Agreement.
R. Indeoendent Contractor
Except as duly noted in Part III, Section 0(9), the Agencies agree that, in all matters relating to this
Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton
Beach employees and are not subject to the City Provisions of the law applicable to City employees
relative to employment compensation and employee benefits.
S. Public Entity Crimes
As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance
hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately preceding the date hereof. F. S.
287.133(3)(a) requires this notice.
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T. Counterparts of This Agreement
This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be
executed in two (2) counterparts, each of which shall be deemed to be an original, and such
counterparts will constitute one and the same instrument.
WITNESS our Hands and Seals on the
day of
,2009.
AlTEST:
JANET PRAINITO, CMC
cm CLERK, cm OF BOYNTON BEACH, FLORIDA
Political Subdivision of the State of Florida
BY:
BY:
cm CLERK
cm MANAGER
APPROVED AS TO FORM:
cm AlTORNEY
BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION
By:
[CORPORATE SEAL]
TOGETHER WITH
R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC.
By:
[CORPORATE SEAL]
Page 14 of 16
BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION
TOGETHER WITH
R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC.
EXHIBIT A - WORK NARRATIVE
I. The Agencies agree to:
A. Undertake the acquisition of abandoned and foreclosed upon homes for rehabilitation and resale.
B. Pursue lot acquisition for single family home construction.
C. Provide educational programs to include foreclosure prevention, home preservation, and financial
literacy/consumer education.
D. Continue with new project development, to include elderly housing.
E. Provide workshops for homeownership and counseling.
F. Merge the Boynton Beach Faith-Based Community Development Corporation and the R. M. Lee
Community Development Center.
G. Report the receipt of any income earned by the Agencies to the CID Manager within five (5) working
days before the receipt of the income. Any income earned by the Agencies will be considered program
income and will be subject to CID and U.S. HUD regulations and this Agreement.
II. The City Agrees to:
A. Reimburse the Agencies for the following budget items:
Executive Director/Project Manager Salary ..................................................... $48,750.00
Project Manager Salary.................................................................................. .45,000.00
Homebuyer Coordinator Salary....................................................................... .39,250.00
Administrative Assistant Salary...................................................................... ..20,000.00
Consultant.................................................................................................... .20,000.00
Benefits/FICA Medicaid.................................................................................. .18,495.00
Health Insurance........................................................................................... .18,000.00
Office Supplies................................................................................................ 1,500.00
Telephone ... ..... ...... ..... .......................... ........ ...... ..... ....... ........... ........... ......... 2,500.00
Utilities........................................................................................................... 1,000.00
Postage & Delivery ............................................................................................. 500.00
Equipment Lease............................................................................................. 1,000.00
Computer Services.... ..... .......... .................. ..... ................... ...... .......................... 500.00
Liability Insurance........................................................................................... 1.500.00
TOTAL....................................................................................................... $217,995.00
B. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable Federal,
State and City regulations to this Agreement.
C. Provide overall administration and coordination activities to ensure that planned activities are
completed in a timely manner.
D. Monitor the Agencies at any time during the term of this Agreement. Visits may be scheduled or
unscheduled as determined by CID, be conducted by aD staff or its contractor, and will ensure
compliance with U.s. HUD regulations, that planned activities are conducted in a timely manner
and verify the accuracy of reporting to CID on program activities.
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BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORAnON
TOGETHER WITH
R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC.
EXHIBIT B
LETTERHEAD STATIONERY
To:
Octavia S. Sherrod, Community Improvement Manager
Community Improvement Division
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33425-0310
From:
[Name of Sub-grantee]
[Address]
[Telephone]
INVOICE REIMBURSEMENT
Subject:
Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The
expenditures for this invoice cover the period [date] through [date]. You will also find attached back up,
original documentation relating to the expenditures being involved.
APPROVED FOR PAYMENT - Octavia S. Sherrod
Page 16 of 16
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
COMMUNITY CARING CENTER of BOYNTON BEACH, INC.
dba "Ocean Avenue Green Market"
THIS AGREEMENT, entered into this day of I 2009, by and between
the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its
Community Development Block Grant Program and COMMUNTIY CARING CENTER of BOYNTON
BEACH, INC. dba "Ocean Avenue Green Market", a non-profit corporation duly organized and existing
by virtue of the laws of the State of Florida, having its principal office at 145 N.E. 4th Avenue, Boynton
Beach, Florida 33435 and its Federal Tax Identification Number as 65-0447796.
Whereas, The City of Boynton Beach has entered into an agreement with the United States
Department of Housing and Urban Development for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant
to Title I of the Housing and Community Development Act of 1974, (as amended);
And
Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of
Boynton Beach and COMMUNITY CARING CENTER of BOYNTON BEACH, INC., dba "Ocean Avenue
Green Market", desire to provide the activities specified in Part II of this contract;
And
Whereas, the City of Boynton Beach desires to engage COMMUNITY CARING CENTER of BOYNTON
BEACH, INC., dba "Ocean Avenue Green Market", to implement such undertakings of the Community
Development Block Grant Program. Now, therefore, in consideration of the mutual premises and
covenants herein contained, it is agreed as follows:
PART I
DEFINmON AND PURPOSE
A. Definitions:
1) \'City" means City of Boynton Beach
2) "CDBG" means Community Development Block Grant Program of the City of Boynton
Beach
3) "CID" means Community Improvement Division
Page 1 of 16
4) "The Agency" means COMMUNITY CARING CENTER OF BOYNTON BEACH, INC. dba
"Ocean Avenue Green Market"
5) "CID Approval" means the written approval of the Director of Development or
designee after a request or a report has been properly processed in accordance with
the CID Policies Procedures
6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development
or a person authorized to act on U.S. HUD behalf
7) "Low and Moderate Income Persons" means the definition set by U.S. HUD
B. Purpose:
The purpose of this Agreement is to state the covenants and conditions under which the Agency will
implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project
funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons.
PART II
SCOPE OF SERVICES
The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks
necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget,
Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto
and made a part hereof.
PART III
COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT
A. Maximum Comoensation
The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement
the actual amount of budgeted, eligible, and Director of Development or designee-approved
expenditures and encumbrances made by the Agency under this Agreement. Said service shall be
performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement
to be paid hereunder exceed the maximum and total authorized sum of $25,000.00 for the period of
October I, 2009 through September 30, 2010.
Page 2 of 16
Further budget changes within the designated contract amount can be approved in writing by the
Director of Development or designee at their discretion up to twenty percent on a cumulative basis of
the contract amount during the contract period.
Such requests for changes must be made in writing by the Agency to the Community Improvement
Manager. Budget changes in excess of this twenty percent must be approved by the Commission of
the City of Boynton Beach.
B. Time of Performance
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon
the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-09-
MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release
of funds by U.S. HUD, whichever is later.
The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to
Proceed in writing from CIO, and shall be undertaken and completed in light of the purposes of this
Agreement. In any event, all services required hereunder shall be completed by the Agency by
September 30, 2010.
C. Method of Payment
The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs
permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to
the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or
reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted
to CID for approval no later than thirty (30) days after the date the indebtedness was incurred.
Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of
invoices and reports approved by the Agency and CID. For purposes of this section, originals of
invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the
case of direct payments, original invoices must be submitted to CIO. Proof of payments to vendors
must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of
payment must be received if any additional funds are to be disbursed.
When original documents cannot be presented, the Agency must adequately justify their absence, in
writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach
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Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any
invoices be honored that predate the commencement date of this agreement.
D.
Conditions on which Payment is contingent:
1) Implementation of Project According to Required Procedures
The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws,
ordinances and codes and with the procedures outlined in the CID Policies, and amendments and
additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies
and Procedures. No reimbursements will be made without evidence of appropriate insurance required
by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No
payments will be made until the agency's personnel policies are approved by the Director of
Development Services or his designee CID Manager. No payments for multi-funded projects will be
made until a cost allocation plan has been approved by the CID Manager or his designee and placed on
file with CID. Should a project receive additional funding after the commencement of this Agreement,
the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source
and submit an approved cost allocation plan within forty-five (45) days of said official notification.
2) Financial Accountability
The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by
an independent auditing firm employed by the City or by the City Internal Audit Department at any time
the City deems necessary to determine the capability of the Agency to fiscally manage the project in
accordance with Federal, State, and City requirements.
3) Subcontracts
Any work or services subcontracted hereunder shall be specifically by written contract, written
agreement, or purchase order and shall be subject to each provision of this Agreement. Proper
documentation in accordance with City, State, and Federal guidelines and regulations must be submitted
by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the
work or services covered by this Agreement, including but not limited to consultant work or services,
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shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his
designee.
4) Purchasing
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach
Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by
reference.
5) Reports, Audits, and Evaluations
Payment will be contingent on the receipt and approval of reports required by this agreement, the
satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit
Department of the City and Federal Government if required. All reports (monthly and/or quarterly) will
be due within the time prescribed by this Agreement and the attachments hereto following the execution
of this Agreement.
6) Additional ClO, CITY and u.s. HUD Requirements
ClO shall have the right under this Agreement to suspend or terminate payments until the Agency
complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time.
7) Prior Written Approvals - Summary
The following includes, but is not limited to, activities that require the prior written approval of the cm
Manager or his designee to be eligible for reimbursement or payment:
a) All subcontracts and agreements pursuant to this Agreement;
b) All capital equipment expenditures of $1,000 or more;
c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida
Statutes, Chapter 112.061);
d) All change orders; and
e) Requests to utilize uncommitted funds after the expiration of this agreement for programs
described in Exhibit A.
Page 5 of 16
8) Program Generated Income
All income earned by the Agency from activities financed in whole or in part by CDBG funds must be
reported to CID. Such income would include, but not be limited to income from service fees, sale of
commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to
CID the procedure developed to utilize program income to offset project costs. If program income is
used to extend the availability of services provided by the Agency through this Agreement, the prior
written approval of the Director of Development or his designee will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A-
110, and other applicable regulations incorporated herein by reference.
9) Salary Rates and Increases
All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or
cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG
funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior
established guidelines.
PART IV
GENERALCONDmONS
A. Oooortunities for Residents and Civil Rights Comoliance
The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability,
national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under
any activity carried out by the performance of this Agreement. Upon receipt of evidence of such
discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded contracts in
connection with the project.
B. Ooportunities for Small, and Minority/Women Owned Business Enterprises
In the procurement of supplies, equipment, construction, or services to implement this Agreement, the
Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as
sources of supplies and services, and provide these enterprises the maximum feasible opportunity to
compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible,
Page 6 of 16
these small and minority/women-owned business enterprises shall be located in or owned by residents
of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by
U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and
Community Development Act of 1968.
C. Proiect Beneficiaries
At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low-
and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S.
HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this
Agreement must reside in the City of Boynton Beach.
The project funded under this agreement shall assist beneficiaries as defined above for the time period
designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance
to CID upon CID's request.
D. Evaluation and Monitoring
The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined
necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory
evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports and output
measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make
copies or transcriptions of such records and information in connection with services to be provided
hereunder. The Agency shall submit on a monthly and/or quarterly basis, and at other times upon the
request of CID, information and status reports required by CID, the City, or U.s. HUD on forms approved
by CID. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities)
will be required. This information will include: (1) detailed information on the status of the project(s)
and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and
moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In
the event that this Agreement should provide funds for capital improvements projects, the Agency shall
be responsible for providing all necessary and pertinent information to CIO in order to allow for
completion of Grantee Performance Reports. However, this exception shall apply only to capital
improvements activities.
Page 7 of 16
E. Audits and Inspections
At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller
General of the United States may deem necessary, there shall be made available by the Agency to CID,
the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters
covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General
to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement.
Nonprofit organizations that expend $300,000 or more annually in federa1 awards shall have a single or
program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending
federal awards of $300,000 or more under only one federal program may elect to have a program
specific audit performed audit performed, in accordance with OMB A-133.
Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from
an audit conducted in accordance with OMB A-133, although their records must be available for review.
These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance
audits). They may choose instead of a reduced scope audit to have a program audit conducted for each
federal award in accordance with federal laws and regulations governing the programs in which they
participate. Records must be available for review or audit by appropriate officials of the General
Accounting Office and other Federal and city agencies.
The City will require when applicable, in accordance with OMB Circulars A-ll0, A-133 and other
applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's
choosing, subject to CID within one hundred and eighty (180) days after the expiration of this
agreement. The cost of said audit should be borne by the Agency. The City will be responsible for
providing technical assistance to the Agency, as deemed necessary by either party.
F. Data Becomes City Property
All reports, plans, surveys, information, documents, maps, and other data procedures developed,
prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the
property of the City without restriction, reservation or limitation of their use and shall be made available
by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated
Page 8 of 16
under this Agreement, copies of all documents and records relating to this Agreement shall be
surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for
three (3) years after expiration of this Agreement.
G. Indemnification and Insurance
The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation
between itself and the City. The Agency shall indemnify and save the City harmless from any and all
claims, losses, damages and causes of actions which may arise out of the performance of this
Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The
Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs
and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and
judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the
City for funds which the City is obligated to refund the Federal Government arising out of the conduct of
activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless
obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in
no event shall they apply to liability caused by the negligence or willful misconduct of the City, its
respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida
Statutes, be waived.
At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive
General Liability Insurance, including coverage for personal injury, bodily injury, property damage and
contractual liability to support the indemnification agreement contained herein. Such insurance shall be
in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by
a Certificate of Insurance, which must also provide documentation or workers compensation for your
employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non-
renewal, or any adverse change in coverage.
H. Maintenance of Effort
The intent and purpose of this Agreement is to increase the availability of the Agency/s services. This
Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The
Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar
to those being assisted under this Agreement which is not less than that level existing prior to this
Agreement.
Page 9 of 16
1. Conflict of Interest
The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-ll0
pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein.
The agency further covenants that no person who presently exercises any functions or responsibilities in
connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities
provided under this agreement which would conflict in any manner or degree with the performance of
this Agreement and that no person having any conflict of interest shall be employed by or subcontracted
by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be
disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner
so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
J. Citizen Particioation
Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures,
including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions
of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees
and Citizen Participation Structures upon the request of cm or the City.
K. Project Publicity
All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to
funding source. The Agency will include a reference to the financial support herein provided by City of
Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good
faith effort to recognize City's support for all activities made possible with fund available under this
agreement.
L. Contract Documents
The following documents are herein incorporated by reference and made part hereof, and shall
constitute and be referred to as the contract; and all of said documents taken as a whole constitute the
contract between the parties hereto and are as fully a part of the contract as if they were set forth
verbatim and at length herein:
1) This Agreement including its Exhibits
2) Office of Management and Budget Circulars A-HO, A-122 and A-133
Page 10 of 16
3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of
1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans
With Disabilities Act of 1990
4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and
Section 109 of the Hosing and Community Development Act of 1974
5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the
Housing and Development Act of 1974
6) Florida Statutes, Chapter 112 and 768.28
7) City of Boynton Beach Purchasing Ordinance
8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended
9) The Agency's Personnel Policies and Job Descriptions
10) The Agency's Incorporation Certificate and Articles of Incorporation
11) The Agency's by-laws
12) The Agency's Certificate of Insurance and Bonding
13) Current list of the Agency's Officers and members of Board of Directors
14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these
documents are filed and will be maintained on file at the office of Community Redevelopment.
One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID.
Items 9 through 14 above shall be transmitted to CID by the Agency.
M. Termination
In the event of termination for any of the following all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the
Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach.
In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained
by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any
payment to the Agency until such time as the exact amount of damages due to the City from the Agency
is determined.
1) Termination for Cause
If through any cause the Agency shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the Agency shall violate any of the covenants,
agreements, or stipulations of this Agreement, the City shall provide the Agency with written
notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30)
calendar days to remedy the failure or violation. In the event that the Agency does not
Page 11 of 16
remedy the failure or violation, within the thirty (30) day calendar period, the City then has
the right to terminate this Agreement or suspend payment in whole or part by giving written
notice to the Agency of such termination or suspension of payment and specify the effective
date thereof, at least five (5) working days before the effective date of termination or
suspension.
2) Termination for Convenience
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other
party. Upon termination, the City shall pay the Agency for services rendered pursuant to this
Agreement through and including the date of termination.
3) In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.S. HUD specifies.
N. Severabilitv of Provisions
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of applicable
law.
O. Leveraging
The Agency agrees to seek additional supportive or replacement funding from at least two (2) other
funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds.
Proposals to other agencies will be made in writing and a copy of such provided to CID.
P. Amendments
The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State,
County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by
written amendment as part of this Agreement and shall be subject to approval by the City of Boynton
Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the City Commission and signed by both parties.
Page 12 of 16
Q. Notice
All notice required to be given under this Agreement shall be sufficient when delivered to cm at its
office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered
to its office at the address listed on Page One of this Agreement.
R. Indeoendent Contractor
Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this
Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton
Beach employees and are not subject to the City Provisions of the law applicable to City employees
relative to employment compensation and employee benefits.
S. Public Entity Crimes
As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance
hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately preceding the date hereof. F. S.
287.133(3)(a) requires this notice.
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T. Counterparts of This Agreement
This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be
executed in two (2) counterparts, each of which shall be deemed to be an original, and such
counterparts will constitute one and the same instrument.
WITNESS our Hands and Seals on the
day of
.2009.
ATTEST:
JANET PRAINITO, CMC
CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA
Political Subdivision of the State of Florida
BY:
BY:
CITY CLERK
CITY MANAGER
APPROVED AS TO FORM:
CITY ATTORNEY
COMMUNITY CARING CENTER of BOYNTON BEACH, INC.
dba "Ocean Avenue Green Market"
By:
By:
[CORPORATE SEAL]
Page 14 of 16
COMMUNITY CARING CENTER of BOYNTON BEACH, INC.
dba "Ocean Avenue Green Market"
EXHIBIT A
WORK NARRATIVE
I. The Agency agrees, within the time line of October 1, 2009 through September 30, 2010, to
prOVide the following services:
A. Feature quality products that can be made affordable to clients on fixed incomes and food stamps.
Additional discounts may be given to food stamp recipients.
B. Create an old world bazaar setting that encourages "mom & pop" businesses and cultural diversity.
C. Provide shared management and marketing services while providing technical assistance and
franchise opportunities to entrepreneur businesses.
D. Report the receipt of any income earned by the Agency to the ClO Manager within five (5) working
days before the receipt of the income. Any income earned by the Agency will be considered
program income and will be subject to ClO and U.S. HUD regulations and this Agreement.
II. The City Agrees to:
A. Reimburse the Agency for the following budget items:
Salaries & Benefits....................................................................................... $13,000.00
Building Rent................................................................................................ .12.000.00
TOTAL......................................................................................................... $25,000.00
B. Provide technical assistance to ensure compliance with ClO, U.S. HUD and applicable Federal,
State and City regulations to this Agreement.
C. Provide overall administration and coordination activities to ensure that planned activities are
completed in a timely manner.
D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or
unscheduled as determined by ClO, be conducted by ClO staff or its contractor, and will ensure
compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner
and verify the accuracy of reporting to ClO on program activities.
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COMMUNITY CARING CENTER of BOYNTON BEACH, INC.
dba "Ocean Avenue Green Market"
EXHIBIT B
LElTERHEAD STATIONERY
To:
Octavia S. Sherrod, Community Improvement Manager
Community Improvement Division
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33425-0310
From:
[Name of Sub-grantee]
[Address]
[Telephone]
INVOICE REIMBURSEMENT
Subject:
Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The
expenditures for this invoice cover the period [date] through [date]. You will also find attached back up,
original documentation relating to the expenditures being involved.
APPROVED FOR PAYMENT - Octavia S. Sherrod
Page 16 of 16
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
FAIR HOUSING CENTER OF THE GREATER PALM BEACHES
THIS AGREEMENT, entered into this day of , 2009, by and between
the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its
Community Development Block Grant Program and FAIR HOUSING CENTER OF THE GREATER PALM
BEACHES, a non-profit corporation duly organized and existing by virtue of the laws of the State of
Florida, having its principal office at 1300 West Lantana Road, Suite 200, Lantana, FL 33462 and its
Federal Tax Identification Number as 65-0972629.
Whereas, The City of Boynton Beach has entered into an agreement with the United States
Department of Housing and Urban Development for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant
to 1itle I of the Housing and Community Development Act of 1974, (as amended);
And
Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of
Boynton Beach and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES desire to provide the
activities specified in Part II of this contract;
And
Whereas, the City of Boynton Beach desires to engage FAIR HOUSING CENTER OF THE GREATER
PALM BEACHES to implement such undertakings of the Community Development Block Grant Program.
Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed
as follows:
PART I
DEFINrnON AND PURPOSE
A. Definitions:
1) "City" means City of Boynton Beach
2) "CDBG" means Community Development Block Grant Program of the City of Boynton
Beach
3) "CID" means Community Improvement Division
4) "The Agency" means FAIR HOUSING CENTER OF THE GREATER PALM BEACHES
Page 1 of 16
5) "CID Approval" means the written approval of the Director of Development or
designee after a request or a report has been properly processed in' accordance with
the CID Policies Procedures
6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development
or a person authorized to act on U.S. HUD behalf
7) "Low and Moderate Income Persons" means the definition set by U.S. HUD
B. Purpose:
The purpose of this Agreement is to state the covenants and conditions under which the Agency will
implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project
funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons.
PART II
SCOPE OF SERVICES
The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks
necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget,
Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto
and made a part hereof.
PART III
COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT
A. Maximum Comoensation
The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement
the actual amount of budgeted, eligible, and Director of Development or designee-approved
expenditures and encumbrances made by the Agency under this Agreement. Said service shall be
performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement
to be paid hereunder exceed the maximum and total authorized sum of $5,000.00 for the period of
October I, 2009 through September 30, 2010.
Further budget changes within the designated contract amount can be approved in writing by the
Director of Development or designee at their discretion up to twenty percent on a cumulative basis of
the contract amount during the contract period.
Page 2 of 16
Such requests for changes must be made in writing by the Agency to the Community Improvement
Manager. Budget changes in excess of this twenty percent must be approved by the Commission of
the City of Boynton Beach.
B. Time of Performance
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon
the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-09-
MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release
of funds by U.S. HUD, whichever is later.
The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to
Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this
Agreement. In any event, all services required hereunder shall be completed by the Agency by
September 30, 2010.
C. Method of Payment
The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs
permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to
the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or
reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted
to cm for approval no later than thirty (30) days after the date the indebtedness was incurred.
Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of
invoices and reports approved by the Agency and cm. For purposes of this section, originals of
invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the
case of direct payments, original invoices must be submitted to cm. Proof of payments to vendors
must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of
payment must be received if any additional funds are to be disbursed.
When original documents cannot be presented, the Agency must adequately justify their absence, in
writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach
Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any
invoices be honored that predate the commencement date of this agreement.
Page 3 of 16
D.
Conditions on which Payment is contingent:
1) Implementation of Project According to Required Procedures
The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws,
ordinances and codes and with the procedures outlined in the CID Policies, and amendments and
additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies
and Procedures. No reimbursements will be made without evidence of appropriate insurance required
by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No
payments will be made until the agency's personnel policies are approved by the Director of
Development Services or his designee CID Manager. No payments for multi-funded projects will be
made until a cost allocation plan has been approved by the cm Manager or his designee and placed on
file with CID. Should a project receive additional funding after the commencement of this Agreement,
the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source
and submit an approved cost allocation plan within forty-five (45) days of said official notification.
2) Financial Accountability
The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by
an independent auditing firm employed by the City or by the City Internal Audit Department at any time
the City deems necessary to determine the capability of the Agency to fiscally manage the project in
accordance with Federal, State, and City requirements.
3) Subcontracts
Any work or services subcontracted hereunder shall be specifically by written contract, written
agreement, or purchase order and shall be subject to each provision of this Agreement. Proper
documentation in accordance with City, State, and Federal guidelines and regulations must be submitted
by the Agency to CID and approved by cm prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the
work or services covered by this Agreement, including but not limited to consultant work or services,
shall be subcontracted or reimbursed without the prior written approval of the cm Manager or his
designee.
Page 4 of 16
4) Purchasing
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach
Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by
reference.
5) Reports, Audits, and Evaluations
Payment will be contingent on the receipt and approval of reports required by this agreement, the
satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit
Department of the City and Federal Government if required. All reports (monthly and/or quarterly) will
be due within the time prescribed by this Agreement and the attachments hereto following the execution
of this Agreement.
6) Additional CID, cm and U.S. HUD Requirements
CID shall have the right under this Agreement to suspend or terminate payments until the Agency
complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time.
7) Prior Written Approvals - Summary
The following includes, but is not limited to, activities that require the prior written approval of the cm
Manager or his designee to be eligible for reimbursement or payment:
a) All subcontracts and agreements pursuant to this Agreement;
b) All capital equipment expenditures of $1,000 or more;
c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida
Statutes, Chapter 112.061);
d) All change orders; and
e) Requests to utilize uncommitted funds after the expiration of this agreement for programs
described in Exhibit A.
8) Program Generated Income
All income earned by the Agency from activities financed in whole or in part by CDBG funds must be
reported to CID. Such income would include, but not be limited to income from service fees, sale of
commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to
Page 5 of 16
CID the procedure developed to utilize program income to offset project costs. If program income is
used to extend the availability of services provided by the Agency through this Agreement, the prior
written approval of the Director of Development or his designee will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMS Circulars A-
110, and other applicable regulations incorporated herein by reference.
9) Salary Rates and Increases
All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or
cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG
funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior
established guidelines.
PART IV
GENERALCONDmONS
A. Oooortunities for Residents and Civil Rights Comoliance
The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability,
national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under
any activity carried out by the performance of this Agreement. Upon receipt of evidence of such
discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded contracts in
connection with the project.
B. Ooportunities for Small. and Minority/Women Owned Business Enterorises
In the procurement of supplies, equipment, construction, or services to implement this Agreement, the
Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as
sources of supplies and services, and provide these enterprises the maximum feasible opportunity to
compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible,
these small and minority/women-owned business enterprises shall be located in or owned by residents
of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by
U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and
Community Development Act of 1968.
Page 6 of 16
C. Project Beneficiaries
At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low-
and moderate-income persons. Since the project is located in an entitlement city, as defined by u.s.
HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this
Agreement must reside in the City of Boynton Beach.
The project funded under this agreement shall assist beneficiaries as defined above for the time period
designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance
to CID upon CID's request.
D. Evaluation and Monitoring
The Agency agrees that ClO will carry out periodic monitoring and evaluation activities as determined
necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory
evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports and output
measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make
copies or transcriptions of such records and information in connection with services to be provided
hereunder. The Agency shall submit on a monthly and/or quarterly basis, and at other times upon the
request of CID, information and status reports required by ClO, the City, or U.S. HUD on forms approved
by ClO. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities)
will be required. This information will include: (1) detailed information on the status of the project(s)
and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and
moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In
the event that this Agreement should provide funds for capital improvements projects, the'Agency shall
be responsible for providing all necessary and pertinent information to CIO in order to allow for
completion of Grantee Performance Reports. However, this exception shall apply only to capital
improvements activities.
E. Audits and Insoections
At any time during normal business hours and as often as ClO, the City, U.S. HUO or the Comptroller
General of the United States may deem necessary, there shall be made available by the Agency to CIO,
the City, U.S. HUO or the Comptroller General for examination all its records with respect to all matters
covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General
Page 7 of 16
to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement.
Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or
program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending
federal awards of $300,000 or more under only one federal program may elect to have a program
specific audit performed audit performed, in accordance with OMB A-133.
Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from
an audit conducted in accordance with OMB A-133, although their records must be available for review.
These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance
audits). They may choose instead of a reduced scope audit to have a program audit conducted for each
federal award in accordance with federal laws and regulations governing the programs in which they
participate. Records must be available for review or audit by appropriate officials of the General
Accounting Office and other Federal and city agencies.
The City will require when applicable, in accordance with OMB Circulars A-llO, A-133 and other
applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's
choosing, subject to CID within one hundred and eighty (180) days after the expiration of this
agreement. The cost of said audit should be borne by the Agency. The City will be responsible for
providing technical assistance to the Agency, as deemed necessary by either party.
F. Data Becomes City Prooerty
All reports, plans, surveys, information, documents, maps, and other data procedures developed,
prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the
property of the City without restriction, reservation or limitation of their use and shall be made available
by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated
under this Agreement, copies of all documents and records relating to this Agreement shall be
surrendered to CID, if requested. In any eventl the Agency shall keep all documents and records for
three (3) years after expiration of this Agreement.
Page 8 of 16
G. Indemnification and Insurance
The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation
between itself and the City. The Agency shall indemnify and save the City harmless from any and all
claims, losses, damages and causes of actions which may arise out of the performance of this
Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The
Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs
and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and
judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the
City for funds which the City is obligated to refund the Federal Government arising out of the conduct of
activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless
obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in
no event shall they apply to liability caused by the negligence or willful misconduct of the City, its
respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida
Statutes, be waived.
At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive
General Liability Insurance, including coverage for personal injury, bodily injury, property damage and
contractual liability to support the indemnification agreement contained herein. Such insurance shall be
in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by
a Certificate of Insurance, which must also provide documentation or workers compensation for your
employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non-
renewal, or any adverse change in coverage.
H. Maintenance of Effort
The intent and purpose of this Agreement is to increase the availability of the Agency's services. This
Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The
Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar
to those being assisted under this Agreement which is not less than that level existing prior to this
Agreement.
1. Conflict of Interest
The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110
pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein.
Page 9 of 16
The agency further covenants that no person who presently exercises any functions or responsibilities in
connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities
provided under this agreement which would conflict in any manner or degree with the performance of
this Agreement and that no person having any conflict of interest shall be employed by or subcontracted
by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be
disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner
so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
J. Citizen Participation
Agency shall cooperate with cm in informing the appropriate CDBG Citizen Participation Structures,
including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions
of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees
and Citizen Participation Structures upon the request of CID or the City.
K. Proiect Publicity
All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to
funding source. The Agency will include a reference to the financial support herein provided by City of
Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good
faith effort to recognize City's support for all activities made possible with fund available under this
agreement.
L. Contract Documents
The following documents are herein incorporated by reference and made part hereof, and shall
constitute and be referred to as the contract; and all of said documents taken as a whole constitute the
contract between the parties hereto and are as fully a part of the contract as if they were set forth
verbatim and at length herein:
1) This Agreement including its Exhibits
2) Office of Management and Budget Circulars A-110, A-122 and A-133
3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of
1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans
With Disabilities Act of 1990
4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and
Section 109 of the Hosing and Community Development Act of 1974
Page 10 of 16
5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the
Housing and Development Act of 1974
6) Florida Statutes, Chapter 112 and 768.28
7) City of Boynton Beach Purchasing Ordinance
8) . Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended
9) The Agency's Personnel Policies and Job Descriptions
10) The Agency's Incorporation Certificate and Articles of Incorporation
11) The Agency's by-laws
12) The Agency's Certificate of Insurance and Bonding
13) Current list of the Agency's Officers and members of Board of Directors
14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these
documents are filed and will be maintained on file at the office of Community Redevelopment.
One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID.
Items 9 through 14 above shalf be transmitted to CID by the Agency.
M. Termination
In the event of termination for any of the following all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the
Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach.
In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained
by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any
payment to the Agency until such time as the exact amount of damages due to the City from the Agency
is determined.
1) Termination for Cause
If through any cause the Agency shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the Agency shall violate any of the covenants,
agreements, or stipulations of this Agreement, the City shall provide the Agency with written
notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30)
calendar days to remedy the failure or violation. In the event that the Agency does not
remedy the failure or violation, within the thirty (30) day calendar period, the City then has
the right to terminate this Agreement or suspend payment in whole or part by giving written
notice to the Agency of such termination or suspension of payment and specify the effective
date thereof, at least five (5) working days before the effective date of termination or
suspension.
Page 11 of 16
2) Termination for Convenience
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other
party. Upon termination, the City shall pay the Agency for services rendered pursuant to this
Agreement through and including the date of termination.
3) In the event the grant to the City under litle I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.S. HUD specifies.
N. Severability of Provisions
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of applicable
law.
O. Leveraging
The Agency agrees to seek additional supportive or replacement funding from at least two (2) other
funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds.
Proposals to other agencies will be made in writing and a copy of such provided to CID.
P. Amendments
The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State,
County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by
written amendment as part of this Agreement and shall be subject to approval by the City of Boynton
Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the City ComfDission and signed by both parties.
Q. Notice
All notice required to be given under this Agreement shall be sufficient when delivered to CID at its
office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered
to its office at the address listed on Page One of this Agreement.
Page 12 of 16
R. Independent Contractor
Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this
Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton
Beach employees and are not subject to the City Provisions of the law applicable to City employees
relative to employment compensation and employee benefits.
S. Public Entity Crimes
As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance
hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately preceding the date hereof. F. S.
287.133(3)(a) requires this notice.
Page 13 of 16
T. Counterparts of This Agreement
This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be
executed in two (2) counterparts, each of which shall be deemed to be an original, and such
counterparts will constitute one and the same instrument.
WITNESS our Hands and Seals on the
day of
,2009.
ATTEST:
JANET PRAINITO, CMC
CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA
Political Subdivision of the State of Florida
BY:
BY:
CITY CLERK
CITY MANAGER
APPROVED AS TO FORM:
CITY ATTORNEY
FAIR HOUSING CENTER OF THE GREATER PALM BEACHES
By:
By:
[CORPORATE SEAL]
Page 14 of 16
FAIR HOUSING CENTER OF THE GREATER PALM BEACHES
EXHIBIT A
WORK NARRATIVE
I. The Agency agrees to, within the time line of October 1, 2009 through September 30, 2010 to:
A. Operate a toll free hotline providing counseling information and referrals.
B. Conduct five (5) Fair Housing workshops.
C. Implement a fair housing public information campaign, utilizing electronic/print media
outlets that will include television, radio and newspapers.
D. Distribute fair housing newsletter, posters, brochures and flyers highlighting fair housing
and fair housing issues.
E. Report the receipt of any income earned by the Agency to the CID Manager within five
(5) working days before the receipt of the income. Any income earned by the Agency will
be considered program income and will be subject to CID and u.s. HUD regulations and
this Agreement.
II. The City Agrees to: .
A. Reimburse the Agency for the following budget items:
Program Director.............................................................................. $2,116.00
Fair Housing Specialist................................................. ...................... .1,539.00
FICA.................................................................................................... 662.00
Workman's Comp ................................................................................... 73.00
Office Space Rental............................................................................... 610.00
TOTAL............................................................................................. $5,000.00
B. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable
Federal, State and City regulations to this Agreement.
C. Provide overall administration and coordination activities to ensure that planned activities
are completed in a timely manner.
D. Monitor the agency at any time during the term of this Agreement. Visits may be
scheduled or unscheduled as determined by CID, be conducted by CID staff or its
contractor, and will ensure compliance with U.S. HUD regulations, that planned activities
are conducted in a timely manner and verify the accuracy of reporting to CID on program
activities.
Page 15 of 16
FAIR HOUSING CENTER OF THE GREATER PALM BEACHES
EXHIBIT B
LETTERHEAD STATIONERY
To:
Octavia S. Sherrod, Community Improvement Manager
Community Improvement Division
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33425-0310
From:
[Name of Sub-grantee]
[Address]
[Telephone]
INVOICE REIMBURSEMENT
Subject:
Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The
expenditures for this invoice cover the period [date] through [date]. You will also find attached back up,
original documentation relating to the expenditures being involved.
APPROVED FOR PAYMENT - Octavia S. Sherrod
Page 16 of 16
VI.-CONSENT AGENDA
ITEM C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
09 JUL -9 PH~: 25
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meetinl!: Turned in to City Clerk's Turned in to Lel!:al Turned in to Procurement
Dates Office
D July 7, 2009 June 15,2009 June] 0, 2009 June 8, 2009
D July 21, 2009 July 6, 2009 July 1, 2009 June 29,2009
x AUl!:Ust 4, 2009 July 20, 2009 July 15, 2009 July 13, 2009
[J AUl!:Ust 18, 2009 AUl!:Ust 3, 2009 July 29, 2009 July 27,2009
D AnnouncementslPresentations D City Manal!:er's Report
NATURE OF D Administrative D New Business
AGENDA ITEM Consent Agenda D Legal
x
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION:
Motion to authorize and acknowledge by Resolution an Assignment and Assumption Agreement
between Metcalf & Eddy, Inc. and AECOM USA, Inc.
EXPLANATION:
On February 19, 2008, the City Commission renewed a two-year consultant agreement with Metcalf &
Eddy, Inc. for Scopes A, C, and D, Water Plant Expansion and Capacity Replacement, Infrastructure
Improvements and Repairs, and Ancillary Studies and Services, respectively. The award of the
agreement was a result of the Consultants Competitive Negotiation Act process on RFQ #065-2821-
03/CJD. Metcalf & Eddy, Inc. has informed the City of Boynton Beach, that they have been acquired by
AECOM USA, Inc., thus the need for the Assignment and Assumption Agreement between the parties.
PROGRAM IMPACT:
Assignment of this agreement will continue the opportunity to utilize Metcalf & Eddy, Inc/aka AECOM
USA, Inc. for any Scopes A, C and D needs.
FISCAL IMPACT:
At this time there is no fiscal impact.
ALTERNATIVES:
An alternative would be to deny execution of the Assignment and Assumption Agreement. This is not
recommended. Metcalf & Eddy, Inc. was selected based on their experience, qualifications and ability to
be responsive to meet needs within Scope A, C and D.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
tf. ~:ENDA ITEM REQUEST FOj ._,
-~::s kJt;~
City Manager's Signature
cc:
Pete Mazzella /l.-
Michael Low
Carol Doppler - Procurement
Uti '-\'\(~
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
I RESOLUTION NO. 09-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND APPROVING AN
5 ASSIGNMENT AND ASSUMPTION AGREEMENT
6 BETWEEN THE CITY OF BOYNTON BEACH, AND
7 METCALF & EDDY, INC. NIK/A AECOM USA, INC;
8 AUTHORZING THE CITY MANAGER AND CITY
9 CLERK TO EXECUTE THE AGREEMENT; AND
10 PROVIDING AN EFFECTIVE DATE.
II
12 WHEREAS, On February 19,2008, the City Commission approved renewal ofa two-
13 year Consultant Agreement with Metcalf & Eddy, Inc. for Scopes A, C and D, Water Plant
14 Expansion and Capacity Replacement, Infrastructure Improvements and Repairs and Ancillary
IS Studies and Services, respectively; and
16 WHEREAS, Metcalf & Eddy, Inc., has informed the City that they have been
17 acquired by AECOM USA, Inc., thus the need for an Assignment and Assumption Agreement
18 between the parties.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
22 being true and correct and are hereby made a specific part of this Resolution upon adoption
23 hereof.
24
Section 2.
The City Commission of the City of Boynton Beach, Florida does
25 hereby authorize and approve the Assignment and Assumption Agreement between the City
26 of Boynton Beach and Metcalf & Eddy, Inc. now known as AECOM USA, Inc, said
27 Assignment is attached hereto as Exhibit "A".
28
Section 3.
The City Manager and City Clerk are authorized and directed to execute
said Assignment and Assumption Agreement.
2
Section 4.
This Resolution shall become effective immediately upon passage.
3
4
5
6
7
8
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PASSED AND ADOPTED this _ day of August, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
ATTEST:
Commissioner - Marlene Ross
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
ASSIGNMENT AND ASSUMPTION AGREEl\:IENT
This Assignment and Assumption Agreement is entered into between Metcalf & Eddy, Inc., hereinafter referred
to as "Assignor," and ABCOM USA, INC., hereinafter referred to as "Assignee."
WHEREAS, Assignor has entered into that certain Agreement for General Consulting and Engineering Services
with the City of Boynton Beach, hereinafter referred to as "Client," dated November 18,2003, Contract No. R03-
182, hereinafter referred to as "Contract;" and
WHEREAS, Assignor desires to assign all rights and delegate the duties under such Contract to Assignee; and
WHEREAS, the Contract provide for the written consent of the Client in the event that the Contract is to be
assigned.
NOW, THEREFORE, in consideration ofthe mutual covenants and promises contained herein, the Assignor and
Assignee hereby agree as follows:
1. That the Contract is hereby assigned to the Assignee, and the Assignee shall assume all further
obligations for performance under the Contract and the Assignee shall have all rights arising under the
Contract, including the right to payments provided hereunder.
2. That the Assignee shall defend and indemnify the Assignor from any claims arising from the performance
of the Assignee in fulfilling the terms of the Contract, and the Assignor shall defend and indemnify the
Assignee from any claims arising from the performance of the Assignee prior to this assignment.
3. Nothing herein shall modify the terms of the Contract.
4. The Client has hereto provided its consent to the assignment as set forth; however, this consent shall not
release the Assignor from any obligations to the Client arising under the terms of the Contract.
All other terms and conditions noted in the original Master Agreement remain unchanged and in full force and
effect.
IN WITNESS WHEREOF, this Assignment and Assumption Agreement to the Contract is accepted as of the
date listed below.
CITY OF BOYNTON BEACH
METCALF & EDDY, INC.
n/kla AECOM USA, I
sident
By:
Date:
By:
Jon
Date:
AECOM USA, Inc.
By:
Mark S..Blichard, Vi~
Date: 1 I / O'{ .
I f
BOYLE
June 2,2008
Dear Valued Client:
Subject: AECOM Water
Earlier this year we announced that Boyle Engineering Corporation was acquired by AECOM. As we
become more integrated within the AECOM family, we are looking for ways to better serve our clients. To
that effort, we are pleased to announce that Boyle Engineering Corporation is combining forces with one
of our AECOM sister companies, Metcalf & Eddy (M&E) to form AECOM Water.
Our combined organization will provide you with a more comprehensive suite of services. In addition to
adding technical and management depth in water resources, water, and waste water treatment
capabilities, M&E greatly enhances our ability to offer asset management, program management,
construction management, wet weather, environmental management, design build, energy conservation
and reuse, sustainability, and services related to global climate change.
We will continue to provide you with the dedicated people and high-quality service level you've come to
expect but we've also enhanced the services to our clients with a combined staff of 1,800 engineering,
scientist, and support personnel in locations throughout the U.S. With Boyle and Metcalf & Eddy as one
new company, we provide deeper resources for water treatment from reservoirs to distribution and for
wastewater from the point of entry to the sewer system, to the point of discharge. As a stronger team, we
can now analyze watersheds from a total, holistic standpoint, in addition to pinpointing specific water,
wastewater, and wet weather issues.
For now, we will continue to contract with you as Boyle Engineering Corporation. As we begin to merge
operations with Metcalf & Eddy and add additional companies over time, we anticipate establishing
AECOM Water as a legal corporation you would contract with. Becoming AECOM Water will allow us to
operate as a fully integrated organization able to serve all of your water related needs with the simplest
organization possible. This will also allow for development of a smooth path for integrating future firms
into the AECOM Water family.
We truly appreciate the confidence and trust you have developed with Boyle and look forward to serving
you to an even greater degree than In the past.
Yours Sincerely
~J)A~
Salvatore D'Angelo, PE
Regional Vice President
Boyle Engineering Corporation
VI.-CONSENT AGENDA
CITY uF ITEM C.4
CITY OF BOYNTON BEA€lH C
AGENDA ITEM REQUEST ~~9 PH It: 25
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
[J July 7,2009 June 15, 2009 June 10, 2009 June 8, 2009
[J July 21, 2009 Julv 6, 2009 Julv I, 2009 June 29,2009
x August 4, 2009 Julv 20, 2009 Julv 15,2009 July 13, 2009
0 August 18, 2009 August 3, 2009 July 29, 2009 July 27, 2009
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM Consent Aj!;enda 0 Lej!;al
x
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION:
Motion to authorize and acknowledge by Resolution an Assignment and Assumption Agreement
between Boyle Engineering Corporation and AECOM USA, Inc.
EXPLANATION:
On February 19, 2008, the City Commission renewed a two-year consultant agreement with Boyle
Engineering for Scope D, Ancillary Studies and Services. The award ofthe agreement was a result of
the Consultants Competitive Negotiation Act process on RFQ #065-2821-03/CJD. Boyle Engineering
has informed the City of Boynton Beach, that they have been acquired by AECOM USA, Inc., thus the
need for the Assignment and Assumption Agreement between the parties. Currently, there are no Task
Orders executed directly with Boyle Engineering, although the firm is acting as a sub-consultant
regarding the preliminary design of the Ion Exchange treatment unit at the West Water Treatment Plant.
PROGRAM IMPACT:
Assignment of this agreement will continue the opportunity to utilize Boyle Engineering/aka AECOM
USA, Inc. for any Scope D needs.
FISCAL IMPACT:
At this time there is no fiscal impact.
ALTERNATIVES:
An alternative would be to deny execution of the Assignment and Assumption Agreement. This is not
recommended. Boyle Engineering was selected based on their experience, qualifications and ability to
be responsive to meet needs within Scope D.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
, "n _ ~
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City Manager's Signature
Uil L-\'Il~
Department Name
cc:
Pete Mazzella iJ--
Michael Low
Carol Doppler - Procurement
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.OOC
1 RESOLUTION NO. 09-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND APPROVING AN
5 ASSIGNMENT AND ASSUMPTION AGREEMENT
6 BETWEEN THE CITY OF BOYNTON BEACH, AND
7 BOYLE ENGINEERING CORPORATION N/K/A
8 AECOM USA, INC; AUTHORZING THE CITY
9 MANAGER AND CITY CLERK TO EXECUTE THE
10 AGREEMENT; AND PROVIDING AN EFFECTIVE
11 DATE.
12
13 WHEREAS, On February 19,2008, the City Commission approved renewal of a two-
14 year Consultant Agreement with Boyle Engineering Corporation for Scope D, Ancillary
15 Studies and Services; and
16 WHEREAS, Boyle Engineering Corporation. has informed the City that they have
17 been acquired by AECOM USA, Inc., thus the need for an Assignment and Assumption
18 Agreement between the parties;
19 WHEREAS, there are currently no Task Orders executed directly with Boyle
20 Engineering, although the firm is acting as a sub-consultant regarding preliminary design of
21 the Ion Exchange treatment unit at the West Water Treatment Plant.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27
Section 2.
The City Commission of the City of Boynton Beach, Florida does
28 hereby authorize and approve the Assignment and Assumption Agreement between the City
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of Boynton Beach and Boyle Engineering Corporation now known as AECOM USA, Inc.,
2 said Assignment is attached hereto as Exhibit "A".
3
Section 3.
The City Manager and City Clerk are authorized and directed to execute
4 said Assignment and Assumption Agreement.
Section 4.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of August, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
ATTEST:
Commissioner - Marlene Ross
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
ASSIGNMENT AND ASSUMPTION AGREEMENT
This Assignment and Assumption Agreement is entered into between Boyle Engineering Corporation, hereinafter
referred to as "Assignor," and ABCOM USA, INC., hereinafter referred to as "Assignee."
WHEREAS, Assignor has entered into that certain Agreement for General Consulting and Engineering Services
with the City of Boynton Beach, hereinafter referred to as "Client," dated November 18,2003, Contract No. R03-
182, hereinafter referred to as "Contract;" and
WHEREAS, Assignor desires to assign all rights and delegate the duties under such Contract to Assignee; and
WHEREAS, the Contract provide for the written consent of the Client in the event that the Contract is to be
assigned.
NOW, THEREFORE, in consideration ofthe mutual covenants and promises contained herein, the Assignor and
Assignee hereby agree as follows:
1. That the Contract is hereby assigned to the Assignee, and the Assignee shall assume all further
obligations for performance under the Contract and the Assignee shall have all rights arising under the
Contract, including the right to payments provided hereunder.
2. That the Assignee shall defend and indemnify the Assignor from any claims arising from the performance
of the Assignee in fulfilling the terms of the Contract, and the Assignor shall defend and indemnify the
Assignee from any claims arising from the performance of the Assignee prior to this assignment.
3. Nothing herein shall modify the terms of the Contract.
4. The Client has hereto provided its consent to the assignment as set forth; however, this consent shall not
release the Assignor from any obligations to the Client arising under the terms of the Contract.
All other terms and conditions noted in the original Master Agreement remain unchanged and in full force and
effect.
IN WITNESS WHEREOF, this Assignment and Assumption Agreement to the Contract is accepted as ofthe
date listed below.
CITY OF BOYNTON BEACH
BOYLE ENGINEERING CORPORATION
n/k/a AECOM USA, Inc.
Date:
nsel and Secretary
By:
By: I . 71- 78.
Dat;:h, >>c?~ RCEIVP
ASSIGNMENT AND ASSUMPTION AGREEMENT
This Assignment and Assumption Agreement is entered into between Boyle Engineering Corporation, hereinafter
referred to as "Assignor," and AECOM USA, INC., hereinafter referred to as "Assignee."
WHEREAS, Assignor has entered into that certain Agreement for General Consulting and Engineering Services
with the City of Boynton Beach, hereinafter referred to as "Client," dated November 18, 2003, Contract No. R03-
182, hereinafter referred to as "Contract;" and
WHEREAS, Assignor desires to assign all rights and delegate the duties under such Contract to Assignee; and
WHEREAS, the Contract provide for the written consent of the Client in the event that the Contract is to be
assigned.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Assignor and
Assignee hereby agree as follows:
1. That the Contract is hereby assigned to the Assignee, and the Assignee shall assume all further
obligations for performance under the Contract and the Assignee shall have all rights arising under the
Contract, including the right to payments provided hereunder.
2. That the Assignee shall defend and indemnify the Assignor from any claims arising from the performance
of the Assignee in fulfilling the terms of the Contract, and the Assignor shall defend and indemnify the
Assignee from any claims arising from the performance of the Assignee prior to this assignment.
3. Nothing herein shall modify the terms of the Contract.
4. The Client has hereto provided its consent to the assignment as set forth; however, this consent shall not
release the Assignor from any obligations to the Client arising under the terms of the Contract.
All other terms and conditions noted in the original Master Agreement remain unchanged and in full force and
effect.
IN WITNESS WHEREOF, this Assignment and Assumption Agreement to the Contract is accepted as of the
date listed below.
Date:
BOYLE ENGINEERING CORPORATION
n/k/a AECOM USA, Inc.
By ~....~~
DaVld W. Huchel eneral unsel and Secretary
Date: ~.yg 'C:f p
CITY OF BOYNTON BEACH
By:
BOYLE ' ,\,
June 2, 2008
Dear Valued Client:
Subject: AECOM Water
Earlier this year we announced that Boyle Engineering Corporation was acquired by AECOM. As we
become more integrated within the AECOM family, we are looking for ways to better serve our clients. To
that effort, we are pleased to announce that Boyle Engineering Corporation is combining forces with one
of our AECOM sister companies, Metcalf & Eddy (M&E) to form AECOM Water.
Our combined organization will provide you with a more comprehensive suite of services. In addition to
adding technical and management depth in water resources, water, and waste water treatment
capabilities, M&E greatly enhances our ability to offer asset management, program management,
construction management, wet weather, environmental management, design build, energy conservation
and reuse, sustainability, and services related to global climate change.
We will continue to provide you with the dedicated people and high-quality service level you've come to
expect but we've also enhanced the services to our clients with a combined staff of 1,800 engineering,
scientist, and support personnel in locations throughout the U.S. With Boyle and Metcalf & Eddy as one
new company, we provide deeper resources for water treatment from reservoirs to distribution and for
wastewater from the point of entry to the sewer system, to the point of discharge. As a stronger team, we
can now analyze watersheds from a total, holistic standpoint, in addition to pinpointing specific water,
wastewater, and wet weather issues.
For now, we will continue to contract with you as Boyle Engineering Corporation. As we begin to merge
operations with Metcalf & Eddy and add additional companies over time, we anticipate establishing
AECOM Water as a legal corporation you would contract with. Becoming AECOM Water will allow us to
operate as a fully integrated organization able to serve all of your water related needs with the simplest
organization possible. This will also allow for development of a smooth path for integrating future firms
into the AECOM Water family.
We truly appreciate the confidence and trust you have developed with Boyle and look forward to serving
you to an even greater degree than in the past.
Yours Sincerely
~7)A~
Salvatore D'Angelo, PE
Regional Vice President
Boyle Engineering Corporation
SOI,lLE
Engineering Excellence Since 1942
1501 Quail Street
Newport Beach, CA 92660-2726
TEL: (949)476-3300
FAX: (949)721-7141
www.boyleengineering.com
Employee Owned
Peter V. Mazzella, Deputy Director
Utilities Department
CITY OF BOYNTON BEACH
124 East Woolbright Road
Boynton Beach, FL 33435
May 8, 2008
00190.00-1021-000
Bovle Eneineerine Corporation
Dear Mr. Mazzella:
This letter is to inform you that Boyle Engineering Corporation ("Boyle") and Metcalf & Eddy
("M&E") are separate and distinct legal entities (corporations). Although they are owned by a
common parent company, ABCOM Technology, the companies have their own board of
directors and officers. They do not share COffil110n ma.Tlagement team or employees.
If you have any questions, please do not hesitate in giving me a call.
Sincerely,
Boyle Engineering Corporation
~~
David W. Huchel
Secretary
(S E A L)
PVMAZZELLA 050808.DOC
BOYLE ENGINEERING CORPORATION
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VI.-CONSENT AGENDA
ITEM C.S.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
T1 July 7, 2009 June 15,2009 June 10, 2009 June 8, 2009
[J July 21, 2009 July 6, 2009 July I, 2009 June 29, 2009
X August 4, 2009 July 20, 2009 July 15, 2009 July 13, 2009
0 August 18, 2009 August 3, 2009 July 29, 2009 July 27,2009
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM X Consent Agenda 0 Legal
0 Code Compliance & Le,gal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approval of Fire Rescue Mutual Aid Agreements between City Of Boynton Beach and Boca
Raton, Delray Beach, and Palm Beach County Fire Rescue Departments.
EXPLANATION: These mutual aid agreements are necessary to ensure Fire Rescue and Emergency Medical response
regardless of the availability of city responders. We have enjoyed a good reciprocal mutual aid arrangement with Boca
Raton, Delray Beach, and Palm Beach County for several years. Each of these agreements is for a seven (7) year term.
PROGRAM IMP ACT: Fire Rescue has to occasionally rely on outside agencies for assistance during call volume overload
and major incidents, as well as during routine operations (i.e. accidents on 1-95).
FISCAL IMPACT: None, these are reciprocal agreements.
AL TERNA TlVES: Fire Rescue agencies cannot depend on immediate assistance from other agencies without a mutual aid
agreemen~ , Jd ~
Ci~er's Signatore-=-'
As~tant to City Manager ~
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- "C---
City Attorney / Finance
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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RESOLUTION NO. R09-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE THREE (3) FIRE RESCUE MUTUAL AID
AGREEMENTS BETWEEN THE CITY OF BOYNTON
BEACH AND CITY OF BOCA RATON, CITY OF DELRA Y
BEACH AND PALM BEACH COUNTY FIRE RESCUE
DEPARTMENTS, EACH FOR A PERIOD OF SEVEN (7)
YEARS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Mutual Aide Agreements are necessary to ensure Fire Rescue and
Emergency Medical response regardless of the availability of City responders; and
WHEREAS, the City has enjoyed a good reciprocal mutual aid arrangement with
Boca Raton, Delray Beach and Palm Beach County for several years.
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
22 hereof.
23
Section 2.
The City Commission of the City of Boynton Beach, Florida hereby
24 authorizes and directs the Mayor and City Clerk to execute the three (3) Mutual Aide
25 Agreements between the City of Boynton Beach and City of Boca Raton, City of Delray
26 Beach and Palm Beach County Fire Rescue Departments, each for a period of seven (7) years,
27 copies of which are attached hereto as Exhibit "A".
28
29
S:\CA\RESO\Agreements\BBFD\3 MUTUAL AID AGREEMENTS 2009.doc
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Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of August, 2009.
CITY OF BOYNTON BEACH, FLORIDA
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)
S:\CA\RESO\Agreements\BBFD\3 MUTUAL AID AGREEMENTS 2009.doc
EMERGENCY SERVICES AGREEMENT
FOR MUTUAL ASSISTANCE AND AUTOMATIC AID
BETWEEN
PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH
THIS AGREEMENT is made and entered into this
day of
,2009,
by and between PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of
Florida (hereinafter the "County"), by and through its Board of County Commissioners and the
CITY OF BOYNTON BEACH, a Florida municipal corporation located in Palm Beach County,
Florida (hereinafter the "City").
WHEREAS, each of the parties to this Agreement presently maintains a Fire-Rescue
Department with fire rescue equipment, fire fighting personnel, emergency medical equipment,
emergency medical personnel, and other emergency capabilities; and
WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing
for mutual assistance/automatic aid in times of emergency where the need created may be too
great for either party to deal with unassisted or where a closest unit response is agreeable and in
the public interest; and
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969," authorizes local governments to make the most efficient use of their
power by enabling them to cooperate with other localities on a basis of mutual advantage and
thereby to provide services and facilities that will harmonize geographic, economic, population
and other factors influencing the needs and development of local communities.
NOW, THEREFORE, it is agreed by and between the parties that each will render
mutual assistance and automatic aid to the other under the following stipulations, provisions and
conditions:
Section 1. Request for Aid/Assistance: Emergency mutual assistance/automatic aid
will be given when properly requested so long as rendering the aid and assistance requested will
not place the assisting party in undue jeopardy. Notwithstanding anything herein that may be
construed to the contrary, the parties understand and agree that it is not the intention of the
parties to subsidize the normal day-to-day operations or shortages in staffing or equipment of the
other party and that the mutual assistance/automatic aid provided hereunder is intended to be
mutual in nature. Automatic aid shall be rendered to the extent provided for in automatic aid
plans and procedures approved by the parties' Fire Chiefs pursuant to Section 3 herein. The
party requesting aid and/or assistance shall provide the following information at the time the
request is made:
a. The general nature, type and location of the emergency; and
b. The type and quantity of equipment and/or personnel needed; and
c. The name and rank of the person making the request.
All requests shall be directed through the respective parties' emergency communications
center. The following officials of the participating parties are authorized to request aid and
assistance under this Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or
Incident Commanders.
Section 2. Representative and Contract Monitor: The Palm Beach County
Fire Rescue representative and contract monitor during the performance of this Agreement shall
be the Fire-Rescue Administrator, whose telephone number is 561-616-7001. The City of
Boynton Beach Fire Rescue Department representative and contract monitor during the
performance of this Agreement shall be the Administration and Finance Officer, whose
telephone number is 561-742-6332.
Section 3. Command Authority: In the event of an emergency which reqUires
additional assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his
absence, the Assistant or Deputy Fire Chief or the Incident Commander, will direct the activities
at the scene where the emergency exists, but personnel responding to the call will remain under
the command of their own officers at all times. Each party shall retain control over its personnel
and the rendition of services, standards of performance, discipline of officers and employees,
and other matters incidental to the performance of services.
Each party authorizes its Fire Chief to meet with the other party's Fire Chief and develop
automatic aid plans and procedures, including areas to be serviced and type and/or level of
response, when the Fire Chiefs have determined that improved response times or other forms of
efficiency within their respective jurisdictions and/or service areas may be achieved. The Fire
Chiefs are also authorized to promulgate necessary administrative regulations and orders to
implement and administer these plans and procedures.
Section 4. Ability to Respond: Each party may refuse to respond to a request for
aid/assistance in the event it does not have the required equipment available or if, in its sole
judgment, compliance with the request would jeopardize the protection of its own jurisdiction.
Section 5. Employee Functions: No employee of either party to this Agreement shall
perform any function or service which is not within the employee's scope of duties as defined or
determined by his employer.
Section 6. Employee Claims, Benefits, etc.: No employee, officer, or agent of
either party shall, m connection with this Agreement or the performance of services and
functions hereunder, have a right to or claim any pension, workers' compensation,
unemployment compensation, civil service, or other employee rights, privileges, or benefits
granted by operation of law or otherwise except through and against the entity by whom they are
employed. No employee of either party shall be deemed the employee of the other, for any
purpose, during the performance of services hereunder.
Section 7. No Assumption of Liability: Neither party to this Agreement nor their
respective officers or employees shall be deemed to have assumed any liability for the negligent
or wrongful acts or omissions of the other. Further, nothing herein shall be construed as a
waiver of sovereign immunity.
Section 8. Liability for Injury: All the privileges and immunities from liability,
exemptions from law, ordinance and rules, and all pensions and relief, disability, workers'
compensation and other benefits which apply to the activity of the officers or employees of
either party when performing their respective functions, within the territorial limits for their
respective agencies, shall apply to the same degree and extent to the performance of such
functions and duties extraterritorially. Liability for injury to personnel, and for loss or damage
of equipment, shall be borne by the party employing such personnel, and owning or possessing
such equipment.
Section 9. Remuneration: All costs associated with providing mutual
assistance/automatic aid services under this Agreement shall be the responsibility of the agency
rendering aid/assistance. Neither agency specified here shall seek reimbursement of costs
associated with the rendering of mutual assistance/automatic aid services from the other agency.
The parties further agree that the agency rendering aid/assistance may request
reimbursement for any expenditure of goods or services directly from the persons, parties, or
company involved in, causing, or responsible for, the incident at the sole discretion of the agency
rendering aid or assistance. The agency rendering aid/assistance for emergency medical services
that requires transport service may request reimbursement for the transport service from the
patient. The agency rendering service will handle insurance claims and collection in accordance
with their policies and procedures and shall be in accordance with the latest Federal Medicare
guidelines, if applicable.
If the rendering agency invoices the persons, parties, or company involved in, causing or
responsible for the incident for reimbursement of the goods and services provided, a copy of
such invoice(s) shall be forwarded to the requesting agency as a matter of courtesy, provided
however that the parties will not be required to provide copies of transport fee invoices to the
other party and shall not otherwise use or disclose Protected Health Information ("PHI") or
Electronic Protected Health Information ("e-PHI") except as permitted by the Health Insurance
Portability and Accountability Act ("HIP AA"), the regulations promulgated thereunder, and any
other applicable laws and regulations, all as may be amended from time to time.
Section 10. Effective Date and Term: This Agreement shall take effect on October
1, 2009 and shall remain in full force and effect for a period of no less than seven (7) years,
expiring on September 30,2016, unless sooner terminated as provided herein.
Section 11. Notice of Termination: Either party to this Agreement may, upon sixty (60)
days prior written notice to the other, terminate this Agreement for any reason or for no reason at
all.
Section 12. Capital Improvement Plans: Both parties to this Agreement, on
an annual basis, shall exchange Capital Improvement Plans indicating projected location(s) and
anticipated time frames for construction of future fire stations within their respective
jurisdictions and/or service areas. It is understood that these plans may be modified subsequent
to submission and said plans are subject to subsequent funding allocations and approvals.
Section 13. Assignment of Rights: Neither party shall assign, transfer or convey, In
whole or in part, its rights, duties, or obligations without the prior written consent of the other.
Section 14. Modification and Amendment: No modification, amendment, or
alteration in the terms or conditions of this Agreement shall be effective unless contained in a
written document executed with the same formality and equality of dignity herewith.
Section 15. Entirety of Agreement: This Agreement represents the entire
understanding of the parties and supersedes all other negotiations, representations, or
agreements, either written or oral, relating to this Agreement.
Section 16. Equal Opportunity: Each party represents and warrants that it will not
discriminate in the performance of services hereunder and that its employees and members of the
general public benefitting from services hereunder will be treated equally and without regard to
race, sex, sexual orientation, color, religion, disability, age, marital status, national origin or
ancestry.
Section 17. Annual Appropriations: Each party's performance and obligation
under this Agreement is contingent upon an annual budgetary appropriation by its respective
governing body for the purposes hereunder.
Section 18. Remedies: This agreement shall be construed by and governed by the
laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be
held in Palm Beach County. No remedy herein conferred upon any party is intended to be
exclusive of any other remedy and each and every remedy shall be cumulative and shall be in
addition to every other remedy given hereunder or now or hereafter existing at law or in equity
or by statute or otherwise. No single or partial exercise by any party of any right, power, or
remedy hereunder shall preclude any other or further exercise thereof.
Section 19. Records: Each party shall maintain all records pertaining to the services
delivered under this Agreement for a period of at least three (3) years. The County and City
shall maintain records associated with this Agreement, including, but not limited to, all accounts,
financial and technical records, research or reports, in accordance with Florida law.
Section 20. Joint Preparation: The preparation of this Agreement has been a joint
effort of the parties, and the resulting document shall not, solely or as a matter of judicial
constraint, be construed more severely against one of the parties than the other.
Section 21. Notice of Suits:
Each party agrees to notify the other of any claim, or
the initiation of any legal proceeding against it which relates, in any mann~r, to the aid or
assistance provided by the other party. Each party will cooperate with the other in the defense of
any suit or action arising out of, or related to, the aid or assistance rendered under this
agreement.
Section 22. Notices:
All written notices required under this Agreement shall be
sent by certified mail, return receipt requested, and if sent to the County shall be mailed to:
Palm Beach County Fire Rescue
Fire Rescue Administrator
405 Pike Road
West Palm Beach, FL 33411
and if sent to the City shall be mailed to:
City of Boynton Beach
Fire Chief
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Each party may change its address upon notice to the other.
Section 23. Captions:
The captions and section designations herein set forth are for
convenience only and shall have no substantive meaning.
Section 24. Filing: A copy of this Agreement shall be filed with the Clerk of the
Circuit Court in and for Palm Beach County.
Section 25. Indemnification: Each party shall be liable for its own actions and
negligence and, to the extent permitted by law, County shall indemnify, defend and hold
harmless the City against any actions, claims or damages arising out of County's negligence in
connection with this Agreement, and the City shall indemnify, defend and hold harmless the
County against any actions, claims, or damages arising out of the City's negligence in
connection with this Agreement. The foregoing indemnification shall not constitute a waiver of
sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the
same be construed to constitute agreement by either party to indemnify the other party for such
other party's negligent, willful or intentional acts or omissions.
Section 26. Enforcement Costs: Any costs or expenses (including reasonable
attorney's fees) associated with the enforcement of the terms and conditions of this Agreement
shall be borne by the respective parties; provided, however, that this clause pertains only to the
parties to this agreement.
Section 27. Delegation of Duty: Nothing contained herein shall be deemed to
authorize the delegation of the constitutional or statutory duties of state, county, or city officers.
Section 28. Severability: In the event that any section, paragraph, sentence, clause, or
provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect
the remaining portions of this Agreement and the same shall remain in full force and effect.f
[Remainder of page left blank intentionally]
IN WITNESS WHEREOF, the undersigned parties have caused these presents to be signed by
their duly authorized officers on the day and year first written above.
ATTEST:
SHARON R. BOCK,
Clerk & Comptroller
PALM BEACH COUNTY, FLORIDA,
BY ITS BOARD OF COUNTY
COMMISSIONERS
By:
By:
Deputy Clerk
John F. Koons, Chairman
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
APPROVED AS TO TERMS AND
CONDITIONS
By:
By:
Assistant County Attorney
Fire-Rescue
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA,
BY ITS CITY COUNCIL
By:
By:
City Clerk
Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attorney
EMERGENCY SERVICES AGREEMENT
FOR MUTUAL ASSISTANCE AND AUTOMATIC AID
BETWEEN
THE CITY OF DELRA Y BEACH AND THE CITY OF BOYNTON BEACH
THIS AGREEMENT is made and entered into this _ day of
, 2009, by and
between the CITY OF DELRA Y BEACH, a Florida municipal corporation, by and through its City
Commission and the CITY OF BOYNTON BEACH, a Florida municipal corporation.
WHEREAS, each of the parties to this Agreement presently maintains a Fire-Rescue
Department with fire rescue equipment, fire fighting personnel, emergency medical equipment,
emergency medical personnel, and other emergency capabilities; and
WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for
mutual assistance/automatic aid in times of emergency where the need created may be too great for
either party to deal with unassisted; or where a closest unit response is agreeable and in the public
interest; or non-emergency assistance and logistical support may be helpful to the parties; and
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act
of 1969," authorizes local governments to make the most efficient use of their power by enabling them
to cooperate with other localities on a basis of mutual advantage and thereby to provide services and
facilities that will harmonize geographic, economic, population and other factors influencing the needs
and development of local communities.
NOW, THEREFORE, it is agreed by and between the parties that each will render mutual
assistance and automatic aid to the other under the following stipulations, provisions and conditions:
Section 1.
Request for Aid/Assistance:
Emergency
mutual
assistance/automatic
aid/logistical support will be given when properly requested so long as rendering the aid and assistance
requested will not place the assisting party in undue jeopardy. Notwithstanding anything herein that
may be construed to the contrary, the parties understand and agree that it is not the intention of
the parties to subsidize the normal day-to-day operations or shortages in staffing or equipment of
the other party and that the mutual assistance/automatic aid provided hereunder is intended to be
mutual in nature. Automatic aid shall be rendered to the extent provided for in automatic aid
plans and procedures approved by the parties' Fire Chiefs pursuant to Section 3 herein. The party
requesting aid and/or assistance shall provide the following information at the time the request is made:
a. The general nature, type and location of the emergency; and
b. The type and quantity of equipment and/or personnel needed; and
c. The name and rank of the person making the request.
All requests shall be directed through the respective parties' emergency communications center.
The following officials of the participating parties are authorized to request aid and assistance under this
Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders.
Section 2. Representative and Contract Monitor: The City of Delray Beach's
representative and contract monitor during the performance of this Agreement shall be the Assistant
Chief of Operations, whose telephone' ri~ber is 561-243-7400. The City of Boynton Beach's
representative and contract monitor during the performance of this Agreement shall be the
Administration and Finance Officer, whose telephone number is 561-742-6332.
Section 3. Command Authority: In the event of an emergency which requires additional
assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the
Assistant or Deputy Fire Chief or the Incident Commander, will direct the activities at the scene where
the emergency exists, but personnel responding to the call will remain under the command of their own
officers at all times. Each party shall retain control over its personnel and the rendition of services,
standards of performance, discipline of officers and employees, and other matters incidental to the
performance of services.
Each party authorizes its Fire Chief to meet with the other party's Fire Chief and develop
automatic aid plans and procedures, including areas to be serviced and type and/or level of response,
2
when the Fire Chiefs have determined that improved response times or other forms of efficiency within
their respective jurisdictions and/or service areas may be achieved. The Fire Chiefs are also authorized
to promulgate necessary administrative regulations and orders to implement and administer these plans
and procedures.
Section 4. Ability to Respond: Each party may refuse to respond to a request for
aid/assistance in the event it does not have the required equipment available or if, in its sole judgment,
compliance with the request would jeopardize the protection of its own jurisdiction. However,
notwithstanding anything herein to the contrary, either party may refuse to provide nonemergency
assistance or logistical support for any reason or for no reason.
Section 5.
Employee Functions: No employee of either party to this Agreement shall
perform any function or service which is not within the employee's scope of duties as defined or
determined by his employer.
Section 6.
Employee Claims, Benefits, etc.: No employee, officer, or agent of either party
shall, in connection with this Agreement or the performance of services and functions hereunder, have a
right to or claim any pension, workers' compensation, unemployment compensation, civil service, or
other employee rights, privileges, or benefits granted by operation of law or otherwise except through
and against the entity by whom they are employed. No employee of either party shall be deemed the
employee of the other, for any purpose, during the performance of services hereunder.
Section 7. No Assumption of Liability: Neither party to this Agreement nor their
respective officers or employees shall be deemed to have assumed any liability for the negligent or
wrongful acts or omissions of the other. Further, nothing herein shall be construed as a waiver of
sovereign immunity.
Section 8.
Liability for Injury:
All the privileges and immunities from liability,
exemptions from law, ordinance and rules; and all pensions and relief, disability, workers' compensation
and other benefits which apply to the activity of the officers or employees of either party when
3
performing their respective functions, within the territorial limits for their respective agencies, shall
apply to the same degree and extent to the performance of such functions and duties extraterritorially.
Liability for injury to personnel, and for loss or damage of equipment, shall be borne by the party
employing such personnel, and owning or possessing such equipment.
Section 9.
Remuneration:
All costs associated with providing mutual assistance/automatic aid servIces under this
Agreement shall be the responsibility of the agency rendering aid/assistance. Neither agency
specified here shall seek reimbursement of costs associated with the rendering of mutual
assistance/automatic aid services from the other agency.
The parties further agree that the agency rendering aid/assistance may request
reimbursement for any expenditure of goods or services directly from the persons, parties, or
company involved in, causing, or responsible for, the incident at the sole discretion of the
agency rendering aid or assistance. The agency rendering aid/assistance for emergency medical
services that requires transport service may request reimbursement for the transport service from
the patient. The agency rendering service will handle insurance claims and collection in
accordance with their policies and procedures and shall be in accordance with the latest Federal
Medicare guidelines, if applicable.
If the rendering agency invoices the responsible party for the incident for reimbursement
of the goods and services provided, a copy of such invoice shall be forwarded to the requesting
agency as a matter of courtesy, provided however that the parties will not be required to provide
copies of transport fee invoices to the other party and shall not otherwise use or disclose
Protected Health Information ("PHI") or Electronic Protected Health Information ("e-PHI")
except as permitted by the Health Insurance Portability and Accountability Act ("HIPAA"), the
regulations promulgated there under, and any other applicable laws and regulations, all as may
be amended from time to time.
Section 10. Effective Date and Term: This Agreement shall take effect on October 1,
2009 and shall remain in full force and effect for a period of no less than seven (7) years, expiring on
September 30, 2016, unless sooner terminated as provided herein.
4
Section 11. Notice of Termination:
Either party to this Agreement may, upon sixty (60)
days prior written notice to the other, terminate this Agreement for any reason or for no reason at all.
Section 12. Capital Improvement Plans: Both parties to this Agreement, on an annual
basis, shall exchange Capital Improvement Plans indicating projected location(s) and anticipated time
frames for construction of future fire stations within their respective jurisdictions and/or service areas. It
is understood that these plans may be modified subsequent to submission and said plans are subject to
subsequent funding allocations and approvals.
Section 13. Assignment of Rights: Neither party shall assign, transfer or convey, in whole
or in part, its rights, duties, or obligations without the prior written consent of the other.
Section 14. Modification and Amendment: No modification, amendment, or alteration in
the terms or conditions of this Agreement shall be effective unless contained in a written document
executed with the same formality and equality of dignity herewith.
Section 15. Entirety of Agreement: This Agreement represents the entire understanding of
the parties and supersedes all other negotiations, representations, or agreements, written or oral, relating
to this Agreement.
Section 16. Equal Opportunity:
Each party represents that it will not practice
discrimination as it relates to the performance of this agreement on the basis of race, sex, sexual
orientation, color, religion, disability, age, marital status, national origin or ancestry.
Section 17. Annual Appropriations: Each party's performance and obligation under
this Agreement is contingent upon an arulual budgetary appropriation by its respective governing body
for the purposes hereunder.
Section 18. Remedies: This agreement shall be construed by and governed by the laws of
the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm
Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other
remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy
5
given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or
partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further
exercise thereof.
Section 19. Records:
Each party shall maintain all records pertaining to the servIces
delivered under this Agreement for a period of at least three (3) years. Each party shall maintain records
associated with this Agreement, including, but not limited to, all accounts, financial and technical
records, research or reports, in accordance with Florida law.
Section 20. Joint Preparation: The preparation of this Agreement has been a joint effort of
the parties, and the resulting document shall not, solely or as a matter of judicial constraint, be construed
more severely against one of the parties than the other.
Section 21. Notice of Suits:
Each party agrees to notify the other of any claim, or the
initiation of any legal proceeding against it which relates, in any manner, to the aid or assistance
provided by the other party. Each party will cooperate with the other in the defense of any suit or action
arising out of, or related to, the aid or assistance rendered under this agreement.
Section 22. Notices:
All written notices required under this Agreement shall be sent by
certified mail, return receipt requested, and if sent to the City of Delray Beach shall be mailed to:
Delray Beach Fire-Rescue
Fire Chief
501 West Atlantic Avenue
Delray Beach, FL 33444
and if sent to the City of Boynton Beach shall be mailed to:
Boynton Beach Fire Rescue
Fire Chief
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33}h5
Each party may change its address upon notice to the other.
6
Section 23. Captions: The captions and section designations herein set forth are for
convenience only and shall have no substantive meaning.
Section 24. Filing:
A copy of this Agreement shall be filed with the Clerk of the Circuit
Court in and for Palm Beach County.
Section 25. Indemnification:
Each party shall be liable for its own actions and
negligence and, to the extent permitted by law, City of Delray Beach shall indemnify, defend and hold
i
harmless the City of Boynton Beach against any actions, claims or damages arising out of City of Delray
Beach's negligence in connection with this Agreement, and the City of Boynton Beach shall indemnify,
defend and hold harmless the City of Delray Beach against any actions, claims, or damages arising out
of the City of Boynton Beach's negligence in connection with this Agreement. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in
Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by party to
indemnify the other party for such other party's negligent, willful or intentional acts or omissions.
Section 26. Enforcement Costs: Any costs or expenses (including reasonable attorney's
fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by
the respective parties; provided, however, that this clause pertains only to the parties to this agreement.
Section 27.
Delegation of Duty: Nothing contained herein shall be deemed to authorize
the delegation of the constitutional or statutory duties of state, county, or city officers.
Section 28. Severability: In the event that any section, paragraph, sentence, clause, or
provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this Agreement and the same shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned parties have caused these presents to be
signed by their duly authorized officers on the day and year first written above.
7
ATTEST:
Chevelle Nubin, City Clerk
By:
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attorney
ATTEST:
By:
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attorney
CITY OF DELRA Y BEACH, FLORIDA,
BY ITS CITY COMMISSION
By:
Mayor
CITY OF BOYNTON BEACH, FLORIDA,
BY ITS CITY COUNCIL
By:
Mayor
8
EMERGENCY SERVICES AGREEMENT
FOR MUTUAL ASSISTANCE AND AUTOMATIC AID
BETWEEN
THE CITY OF BOCA RATON AND THE CITY OF BOYNTON BEACH
THIS AGREEMENT is made and entered into this _ day of
, 2009, by and
between the CITY OF BOCA RATON, a Florida municipal corporation, by and through its City
Commission and the CITY OF BOYNTON BEACH, a Florida municipal corporation.
WHEREAS, each of the parties to this Agreement presently maintains a Fire-Rescue
Department with fire rescue equipment, fire fighting personnel, emergency medical equipment,
emergency medical personnel, and other emergency capabilities; and
WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for
mutual assistance/automatic aid in times of emergency where the need created may be too great for
either party to deal with unassisted; or where a closest unit response is agreeable and in the public
interest; or non-emergency assistance and logistical support may be helpful to the parties; and
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act
of 1969," authorizes local governments to make the most efficient use of their power by enabling them
to cooperate with other localities on a basis of mutual advantage and thereby to provide services and
facilities that will harmonize geographic, economic, population and other factors influencing the needs
and development of local communities.
NOW, THEREFORE, it is agreed by and between the parties that each will render mutual
assistance and automatic aid to the other under the following stipulations, provisions and conditions:
Section 1.
Request for Aid/Assistance:
Emergency mutual assistance/automatic aidL or
non-emergency assistance or logistical support will be given when properly requested so long as
rendering the aid and assistance requested will not place the assisting party in undue jeopardy.
Notwithstanding anything herein that may be construed to the contrary, the parties understand and agree
that it is not the intention of the parties to subsidize the normal day-to-day operations or shortages in
staffing or equipment of the other party and that the mutual assistance/automatic aid provided hereunder
is intended to be mutual in nature.
Automatic aid shall be rendered to the extent provided for in
automatic aid plans and procedures approved by the parties' Fire Chiefs pursuant to Section 3 herein.
The party requesting aid and/or assistance shall provide the following information at the time the request
is made:
a. The general nature, type and location of the emergency non-emergency or
logistical support; and
b. The type and quantity of equipment and/or personnel needed; and
c. The name and rank of the person making the request.
,
All requests shall be directed thrO\i~h the respective parties' emergency communications center.
The following officials of the participating parties are authorized to request aid and assistance under this
Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders.
Section 2.
Representative and Contract Monitor: The City of Boca Raton's
representative and contract monitor during the performance of this Agreement shall be the Assistant
Chief of Planning, whose telephone number is 561-982-4045. The City of Boynton Beach's
representative and contract monitor during the performance of this Agreement shall be the Deputy Chief
of Administration, whose telephone number is 561-742-6339.
Section 3.
Command Authority: In the event of an emergency which requires additional
assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the
Assistant or Deputy Fire Chief or the Incident Commander, will direct the activities at the scene where
the emergency exists, but personnel responding to the call will remain under the command of their own
officers at all times. Each party shall retain control over its personnel and the rendition of services,
standards of performance, discipline of officers and employees, and other matters incidental to the
performance of services.
2
Each party authorizes its Fire Chief to meet with the other party's Fire Chief and develop
automatic aid plans and procedures, including areas to be serviced and type and/or level of response,
when the Fire Chiefs have determined that improved response times or other forms of efficiency within
their respective jurisdictions and/or service areas may be achieved. The Fire Chiefs are also authorized
to promulgate necessary administrative regulations and orders to implement and administer these plans
and procedures.
Section 4.
Ability to Respond:
Each party may refuse to respond to a request for
aid/assistance in the event it does not have the required equipment available or if, in its sole judgment,
compliance with the request would jeopardize the protection of its own jurisdiction. However,
notwithstanding anything herein to the contrary, either party may refuse to provide non-emergency
assistance or logistical support for any reason or no reason.
Section 5.
Employee Functions: No employee of either party to this Agreement shall
. I' . '
perform any function or service which is' not within the employee's scope of duties as defined or
determined by his employer.
Section 6.
Employee Claims, Benefits, etc.: No employee, officer, or agent of either party
shall, in connection with this Agreement or the performance of services and functions hereunder, have a
right to or claim any pension, workers' compensation, unemployment compensation, civil service, or
other employee rights, privileges, or benefits granted by operation of law or otherwise except through
and against the entity by whom they are employed. No employee of either party shall be deemed the
employee of the other, for any purpose, during the performance of services hereunder.
Section 7.
No Assumption of Liability: Neither party to this Agreement nor their
respective officers or employees shall be deemed to have assumed any liability for the negligent or
wrongful acts or omissions of the other. Further, nothing herein shall be construed as a waiver of
sovereign immunity.
3
Section 8.
Liability for Injury:
All the privileges and immunities from liability,
exemptions from law, ordinance and rules, and all pensions and relief, disability, workers' compensation
and other benefits which apply to the activity of the officers or employees of either party when
performing their respective functions, within the territorial limits for their respective agencies, shall
apply to the same degree and extent to the performance of such functions and duties extraterritorially.
Liability for injury to personnel, and for loss or damage of equipment, shall be borne by the party
employing such personnel, and owning or possessing such equipment.
Section 9. Remuneration: All costs associated with providing mutual
assistance/automatic aid services under this Agreement shall be the responsibility of the agency
rendering aid/assistance. Neither agency specified here shall seek reimbursement of costs associated
with the rendering of mutual assistance/automatic aid services from the other agency.
The parties further agree that the agency rendering aid/assistance may request reimbursement for
any expenditure of goods or services directly from the persons, parties, or company involved in, causing,
or responsible for, the incident at the sole discretion of the agency rendering aid or assistance. The
agency rendering aid/assistance for emergency medical services that requires transport service may
request reimbursement for the transport service from the patient. The agency rendering service will
handle insurance claims and collection in accordance with their policies and procedures and shall be in
accordance with the latest Federal Medicare guidelines, if applicable.
If the rendering agency invoices the responsible party for the incident for reimbursement of the
goods and services provided, a copy of;shchinvoic~ shall be forwarded to the requesting agency as a
matter of courtesy, provided however that the parties will not be required to provide copies of transport
fee invoices to the other party and shall not otherwise use or disclose Protected Health Information
("PHI") or Electronic Protected Health Information ("e-PHI") except as permitted by the Health
Insurance Portability and Accountability Act ("HIP AA"), the regulations promulgated thereunder, and
any other applicable laws and regulations, all as may be amended from time to time.
Section 10. Effective Date and Term:
This Agreement shall take effect on October I,
2009 and shall remain in full force and effect for a period of no less than seven (7) years, expiring on
September 30, 2016, unless sooner terminated as provided herein.
4
1'("
Section 11. Notice of Termination:
Either party to this Agreement may, upon sixty (60)
days prior written notice to the other, terminate this Agreement for any reason or for no reason at all.
Section 12. Capital Improvement Plans: Both parties to this Agreement, on an annual
basis, shall exchange Capital Improvement Plans indicating projected location(s) and anticipated time
frames for construction of future fire stations within their respective jurisdictions and/or service areas. It
is understood that these plans may be modified subsequent to submission and said plans are subject to
subsequent funding allocations and approvals.
Section 13. Assignment of Rights: Neither party shall assign, transfer or convey, in whole
or in part, its rights, duties, or obligations without the prior written consent of the other.
Section 14. Modification and Amendment: No modification, amendment, or alteration in
the terms or conditions of this Agreement shall be effective unless contained in a written document
executed with the same formality and equality of dignity herewith.
Section 15. Entirety of Agreement: This Agreement represents the entire understanding of
the parties and supersedes all other negotiations, representations, or agreements, either written or oral,
relating to this Agreement.
Section 16. Equal Opportunity:
Each party represents and warrants that it will not
discriminate in the performance of services hereunder and that its employees and members of the
general public benefiting from services hereunder will be treated equally and without regard to race, sex,
sexual orientation, color, religion, disability, age, marital status, national origin or ancestry.
Section 17. Annual Appropriatic)i.s: Each party's performance and obligation under
this Agreement is contingent upon an annual budgetary appropriation by its respective governing body
for the purposes hereunder.
Section 18. Remedies: This agreement shall be constmed by and governed by the laws of
the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm
Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other
5
remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or
partial exercise by any party of any right, l:>8,'Yer, or remedy hereunder shall preclude any other or further
exercise thereof.
Section 19. Records:
Each party shall maintain all records pertaining to the services
delivered under this Agreement for a period of at least three (3) years. Each party shall maintain records
associated with this Agreement, including, but not limited to, all accounts, financial and technical
records, research or reports, in accordance with Florida law.
Section 20. Joint Preparation: The preparation of this Agreement has been a joint effort of
the parties, and the resulting document shall not, solely or as a matter of judicial constraint, be construed
more severely against one of the parties than the other.
Section 21. Notice of Suits:
Each party agrees to notify the other of any claim, or the
initiation of any legal proceeding againsf; it which' relates, in any manner, to the aid or assistance
provided by the other party. Each party will cooperate with the other in the defense of any suit or action
arising out of, or related to, the aid or assistance rendered under this agreement.
Section 22. Notices:
All written notices required under this Agreement shall be sent by
certified mail, return receipt requested, and if sent to the City of Boca Raton shall be mailed to:
Boca Raton Fire Rescue
Fire Chief
6500 Congress Avenue Suite 200
Boca Raton, FL 33487
and if sent to the City of Boynton Beach shall be mailed to:
Boynton Beach Fire Resct1~, ..
Fire Chief ,,'
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Each party may change its address upon notice to the other.
6
Section 23. Captions: The captions and section designations herein set forth are for
convenience only and shall have no substantive meaning.
Section 24. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit
Court in and for Palm Beach County.
Section 25. Indemnification: Each party shall be liable for its own actions and
negligence and, to the extent permitted by law, City of Boca Raton shall indemnify, defend and hold
harmless the City of Boynton Beach against any actions, claims or damages arising out of City of Boca
Raton's negligence in connection with this Agreement, and the City of Boynton Beach shall indemnify,
defend and hold harmless the City of Boca Raton against any actions, claims, or damages arising out of
the City of Boynton Beach's negligence in connection with this Agreement. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in
Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by either party
to indemnify the other party for such other party's negligent, willful or intentional acts or omissions.
Section 26. Enforcement Costs: Any costs or expenses (including reasonable attorney's
fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by
the respective parties; provided, however, that this clause pertains only to the parties to this agreement.
Section 27. Delegation of Duty: Nothing contained herein shall be deemed to authorize
the delegation of the constitutional or statutory duties of state, county, or city officers.
Section 28. Severability: In the event that any section, paragraph, sentence, clause, or
provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this Agreement and the same shall remain in full force and effect.
[Remainder of page left blank intentionally]
..j
7
IN WITNESS WHEREOF, the undersigned parties have caused these presents to be
signed by their duly authorized officers on the day and year first written above.
ATTEST:
CITY OF, BOCA RATON
By:
By:
City Clerk
Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attorney
CITY OF BOYNTON BEACH
ATTEST:
By:
By:
City Clerk
Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attorney
8
r;.~
\ If"
",I
\
VI - CONSENT AGEND
ITEM D.
, ,
y~
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
19,2009
o June 16, 2009
o
o A ri121, 2009
o 5,2009
o June 2, 2009
st 4, 2009
Jul
Jul
0 AnnouncementsJPresentations 0 City Manaj:(er's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 181 Consent Agenda 0 Legal
0 Code Compliance & Le,gal Settlements 0 Unfinished Business
0 Public Hearin,g 0
RECOMMENDATION: The City Commission requested a monthly report on the major projects being
completed by the Recreation and Parks Department.
EXPLANATION: The following is the status of the Department's major CIP projects.
PARK BUDGET AMOUNT STATUS
Barton Greenway $116,070 The IBI Group has completed the 90%construction plans which have
been sent to South Florida Water Management District for review.
100% funded by FDOT. No City funds required.
Boat Club $417,500 Permits have been issued. Request for bid for contractors has been
sent to Procurement. Funding in the amount of $375,000 is provided
by Palm Beach County.
Congress Avenue $2,900,000 Project on hold pending resolution of budget issues by the City
Commission in July.
Hester Park $50,000 Project on hold pending resolution of budget issues by the City
Landscaping Commission in July.
Jaycee Park $400,000 Contract with Palm Beach Marine Construction, Inc was approved by
Boardwalk the City Commission on July 21. Contract amount with 10%
contingency is $231,000.
MeadowslNautica $600,000 Request for contract approval was denied at the June 16 City
Commission Meeting.
Oceanfront Boardwalk $2,400,000 Permit from DEP has been received. The project will be presented to
the Town of Ocean Ridge City Council for their approval in August.
Target date for commencement of construction is Oct. 09.
Palmetto Greenway $400,000 The IBI Group has completed the 90%construction plans which have
Extension been sent to South Florida Water Management District for review.
100% funded by FDOT. No City funds required.
Play Equipment $115,000 Play equipment for Oceanfront, Boat Club and Palmetto Green Parks
Replacement has been installed. Proiects are complete.
Pence Park $100,000 Conversion of the softball field to a multipurpose field has begun.
Renovation Target completion date is August.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
---.t~
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT: Monthly update of major Recreation and Parks eIP program.
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
~08-
Department Head's Signature
~
Recreation and Parks
City Manager's Signature
Assistant to City Manager ~
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
NATURE OF
AGENDA ITEM
VI - CONSENT AGEND.
ITEM E.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Date Final Form Must be Date Final Form Must be
Turned in to City Clerk's Turned in to I&pl Turned in to Procurement
June 15 2009 June 10 2009 June 8, 2009
Jul Jul 1 2009 June 29 2009
Jul Jut 15 2009 Jul 13 2009
29 2009 Jul 27 2009
Settlements
RECOMMENDATION: Motion to direct staff to cease preparation of bid documents to procure contractual garbage (solid
waste) collection services from private sector businesses.
EXPLANATION: During the City Commission budget meeting on Thursday, July 16, Mayor Taylor commented that, after
recent discussions with private garbage haulers, he had determined that City of Boynton Beach Solid Waste operations were
exceptional and that the monthly cost to the taxpayer was lower than could be provide by private haulers. It was his
preference to maintain in-house collection services. This motion, ifpassed, will direct staff to cease preparation of bid
documents to procure contractual garbage collection services.
~
i. t aa's Signature
~"(.WD~
Department Name
PROGRAM IMPACT: NA
FISCAL IMPACT: NA
ALTERNATIVES: NA
~~-
City Manager's Signature
It bJ~~
Assistant to City Manager ~
City Attorney / Finance
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
,-/
((7
''\
('
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL - 2nd
DEVELOPMENT
ITEM A.l
Reading
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 Citv Clerk's
Dates Office Office
0 A ril21, 2009 0 June 16, 2009
0 5,2009 0 Jul 7,2009
0 19,2009 0 Jul 21,2009
0 June 2, 2009 ~ Au ust 4, 2009
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: Please place this tabled request on the August 4, 2009 City Corrmrission Agenda under
Legal, Ordinances - Second Reading. This tabling is in connection with the tabling of the corresponding items for annexation,
land use and rezoning. 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: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
:Id:lZ~DI:;
~~
City Manager's Signature 1
Assistant to City Manager CI1vt--
~
,/ Planning and Zoning Director 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 8-4-09.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
ORDINANCE NO. 09-026
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING LAND DEVELOPMENT
5 REGULATIONS, CHAPTER 2, SECTION 11,
6 "SUPPLEMENTAL REGULATIONS", SUB-SECTION L
7 "COMMERCIAL ESTABLISHMENTS ENGAGED IN THE
8 RETAIL SALE OF GASOLINE OR GASOLINE
9 PRODUCTS", BY ADDING SUB-SECTION 4. E. TO
10 ALLOW/ADD A WAIVER PROCESS FOR MINIMUM
11 SETBACKS ASSOCIATED WITH ANCILLARY FUELING
12 CENTERS WITHIN PLANNED COMMERCIAL
13 DEVELOPMENT (PCD) ZONING DISTRICTS ANNEXED
14 INTO THE CITY; PROVIDING FOR CONFLICTS,
15 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
16 DATE.
17
18 WHEREAS, Chapter 2, Section 11, "Supplemental Regulations", Sub-Section L. 4.,
19 "Commercial Establishments Engage in the Retail Sale of Gasoline or Gasoline Products" of
20 the current zoning regulations allow the ancillary sale of gasoline in a Planned Commercial
21 Development (PCD) zoning district with a minimum separation of two hundred (200) feet
22 between any gas pump island or canopy and the adjacent right-of-way;
23 WHEREAS, in all other zoning districts in which the sales of gasoline is allowed, the
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 staffs recommendations and reports,
30 and determines and finds that it would be appropriate to amend the Land Development
31 Regulations to reflect this addition; and
32 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 City of
- 1 -
C\Oocuments and Settings\PrainitoJ\Local Settings\Temporary Internel FileslOLK104\Amend LOR CH 2 SEC 11(4)(Gasoline) doc
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 ESTABLISHMENTS 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
29
30
e. Waivers of provisions 4. a. thru d. above.
may be granted by 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.
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 in
33 conflict with any provisions of this ordinance are hereby repealed.
- 2-
S:\CA\Ordinances\LDR Changes\Amend LDR CH 2 SEC ] I (4)(Gasoline).doc
Section 5.
Should any section or provision of this Ordinance or any portion thereof
2 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
3 remainder of this Ordinance.
4
Section 6.
Authority is hereby given to codifY this Ordinance
5
Section 7.
This ordinance shall become effective immediately.
6
8
FIRST READING this ~~ay of k~-, 2009.
SECOND, FINAL READING AND PASSAGE this .__ day of~ _,2009.
7
9
10
11
12
13
14
]5
]6
]7
]8
]9
20
2]
22
23
24
25
26 ATTEST:
27
28
29 Janet M. Prainito, CMC
30 City Clerk
3]
32 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor- Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
- 3 -
S:\CA\Ordinances\LDR Changes\Amend LDR CH 2 SEC 11 (4)(GasoIinc).doc
DEPARTMENT OF DEVELOPMENT
PLANNING A.ND ZONING
Memorandum PZ 09-018
DATE:
RE:
Chair and Members
Planning & Develo~-?D~ard
Michael w. Rumpf/J.!.. ?!
Director of Planning "and Zoning
Ed Breese t:,f:;T)
Principal Planner
April 6, 2009
Interim Amendments to the Land Development Regulations
Planned Commercial District Setbacks - Accessory Fuel Pumps (CDR V 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) cmrently 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 thetemporary 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 Costeo.
According to current regulations, Part III LDR, Chapter 2, Section 11. L., "Commercial
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 a
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 Sea crest 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
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 existing
projects annexed into the City, which cannot fully meet certain development regulations, to seek
a waiver and mitigate any potential impacts.
PROPOSED AMENDMENTS
Existing: rel!lllations:
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.1.c. - Funeral Homes
. Section 6.A.1.d. - Funeral Homes with Crematorium*
(*conditional use)
Note: Any use allowed in the C-l 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. 1. 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 re2Ulations:
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. l.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 REVIEW\CDRV 09-003 & CDRV 09-004\CDRV 09-OOe.CDRV 09-004 Setbacks, Funeral Home
w Cemetery.doc
17
\. I;
~\
Y
XII. - LEGAL _ nd
DEVELOPMENT 2 Reading
ITEM A.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
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
0 June 16,2009
0 Jul 7,2009
0 Jul 21,2009 Jul
~
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 181 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this tabled request on the August 4, 2009 City Commission Agenda under
Legal, Ordinances - Second Reading. This tabling is in connection with the tabling of the corresponding items for annexation,
land use and rezoning. 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: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
~() 2 ? tIv
velopment ~artment DIrector
Jbd~
City Manager's Signature
Assistant to City Manager ~
~
,/ Planning and Zoning Director City Attorney / Finance
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 09-003 & CDRV 09-004\CDRV 09-004 Funeral Home w Cemetery 2nd read 8-4-09.doc
~
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
II
~ II ORDINANCE NO. 09- c). 7
1.
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING LAND DEVELOPMENT
5 REGULATIONS, CHAPTER 2, SECTION 6(C) "C-3
6 COMMUNITY COMMERCIAL DISTRICT", BY ADDING
7 SUB-SECTION (C)(l)(HH) TO ALLOW THE INCLUSION
8 OF CEMETERY USE IN THE COMMUNITY
9 COMMERCIAL (C-3) ZONING DISTRICT AS AN
10 ANCILLARY USE TO A FUNERAL HOME ON PARCELS
]] IN EXCESS OF TEN (10) ACRES; PROVIDING FOR
]2 CONFLICTS, SEVERABILITY, CODIFICATION AND AN
]3 EFFECTIVE DATE.
]4
15 WHEREAS, the current zoning regulations allow Funeral Homes m Office and
] 6 Professional Commercial (C-l) zoning districts by right; and
] 7 WHEREAS, Funeral Homes with Crematoriums are allowed in Office and Professional
18 Commercial (C-I) 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
23 ten (10) acres; and
24 WHEREAS, the City Commission has considered staff s 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 in the
28 best interest of the health, safety, and welfare of the citizens and residents of the City of
29 Boynton Beach.
30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
-] -
S'\CA\Ordinances\LDR Changes\Amend LDR CH 2 SEe 6(C)(Cemetery).doc
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2
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 adjacent to at least
11 one major thoroughfare.
12
*
*
*
13
14
15
16
hh. Cemeteries as accessorv to Funeral Homes on parcels In
excess of ten (10) acres.
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 in
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 JA&day of Junc=...
,2009.
- 2 -
S:\CA\Ordinances\LDR Changes\Amend LDR CH 2 SEC 6(C)(Cemetery).doc
SECOND, FINAL READING AND PASSAGE this _ day of
.2009.
2
3
4
5
6
7
8
9
]0
] ]
]2
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor- Woodrow L. Hay
Commissioner - Ronald Weiland
]3
]4
]5
16
]7
18
] 9 ATTEST:
20
21
22 Janet M. Prainito, CMC
23 City Clerk
24
25
26 (Corporate Seal)
27
28
29
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
- 3 -
SICAIOrdinanceslLDR Changes\Amend LDR CH 2 SEC 6(C)(Cemetery).doc
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 09-018
DATE:
RE:
Chair and Members
Planning & Develo~~ard
Michael W. Rumpf/JJ. ?!
Director ofPlamring--arid Zoning
Ed Breese t:rc::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 (IDR) currently under review, as an incremental step to
updating the zoning regulations. In a few circumstances, staff has forwarded recommended
revisions to the IDR 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 dis1rict, 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 in.t..""D.ded 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.
AB 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 Costco.
According to current regulations, Part ill LDR, Chapter 2, Section 11. 1., "Commercial
Establishments Engaged In'The-'R,etai! Sale Of Gasoline Or Gasoline Products N the ancillary
sale of gasoline is allowed in a Planned Commercial Development (PCD) district, but with a
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 dep icts the canopy approximately 50 feet from the
right-of-way ofSeacrest 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
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 existing
projects annexed into the City, which cannot fully meet certain development regulations, to seek
a waiver and mitigate any potential impacts.
PROPOSED AMENDMENTS
Existing reeulations:
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.1.c. - Funeral Homes
. Section 6.A.1.d. - Funeral Homes with Crematorium*
(*conditional use)
Note: Any use allowed in the C-l district is allowed in the C-3 district as welL
2. Minimum setbacks for accessory fuel pumps.
Currently, the Supplemental Regulations, Section 11. 1. 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-Q03/CDRV 09-004
Page 3
Proposed remlations:
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 propcised.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. 1.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 REVIEW\CDRV 09-003 & CORV 09-004\CDRV 09-ooe.CORV 09-004 Setbacks, Funeral Home
w Cemetery .doc
XII. - LEGAL - 2nd Reading
DEVELOPMENT
CITY OF BOYNTON BEACH ITEM A.3
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 June 16, 2009
5,2009
0 19,2009 0 Jul
0 June 2, 2009 ~ st 4, 2009 Jul
0 Announcernents/Presentations 0 City Manager's ReDort
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: Please place this tabled item on the August 4,2009 City Commission agenda under Legal
_ Resolutions. The City Commission tabled this item in connection with the tabling of the corresponding items for annexation,
land use amendment and rezoning. 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 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
21 sl 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 final adoption is now scheduled for August 4th. 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 has been amended. subsequent
to the June 16th meeting, to reference the targeted northwest comer location and the City's acceptance of same, and to
recognize the prevailing settlement agreement and the City's obligation to process and approve the billboard request
contingent upon compliance with the agreement and building code requirements.
With respect to item #4 above, paragraph #14 has also been modified subsequent to the June 16th Commission meeting to
specify what is and is not a cost eligible for reimbursement, describe the process for invoicing the City for said costs, to grant
the City the right to request copies of documentation on the reimbursable costs (in lieu of requiring costs to be certified by a
licensed professional civil engineer), and the time frame for delivering the reimbursements. As indicated previously, the
agreement details the terms by which the City will provide financing for the ultimate utility improvements, and the two
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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 now drafted to read as follows:
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 (JO) year period through a utility bill surcharge.
With respect to the installation of a billboard per Paragraph 11, the City shall reimburse the Owner for out of pocket site
development and related costs paid to third parties associated with the installation of a billboard that conforms to the terms
of Paragraph 11, in an amount not to exceed $30,000.00. The City is not obligated to reimburse Owner for any Owner costs
incurred in administration of the work or for any Owner overhead or profit associated with the site improvements. Site
development cost eligible for City reimbursement shall be limited to (1) landscaping and other buffer elements, including
without limitation a buffer wall, within a 120 feet distance from the billboard structural foundation, (2) legal fees associated
with and relating to the relocation of the billboard to the Northwest corner of Owner's property and the causes therefor, and
(3) the construction ofvehicular access necessary to support maintenance of the billboard. Requestfor reimbursement shall
be consolidated on one invoice to be submitted to the City at the completion of the improvements. The City reserves the right
to require copies of any and all supporting documentation of site development work, including copies of all contractor
invoices and material purchases. It is the duty of Owner to provide third party invoices which include detailed material
quantities and unit costs and the work shall be reasonably associated with the various site development components. The
City shall reimburse the Owner according to this paragraph within sixty (60) days of submittal to the City of the invoice and
requested supporting documents, unless the supporting documents reflect, in the judgment of the City, costs and/or charges
which exceed standard and customary rates, in which case payment may be delayed until the parties meet on an expedited
basis and resolve the discrepancy in costs or charges sought for reimbursement.
The City will also pay, jointly to Owner and the Billboard Vendor, $5,000.00 in consideration of a commitment from Owner
and Billboard Vendor acknowledging and committing that the billboard proposedfor the Property 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 which prohibit flashing, intermittent or moving lights shall continue to apply. Owner shall obtain a written
acknowledgement and consentfrom the Billboard Vendor with respect to this commitment.
Additional changes made to the agreement. subsequent to the last Commission meeting, are summarized as follows: the
"effective date" text (Section #6) references the corresponding ordinances with which this item is being processed; the
addition of an acknowledgment of the compatibility of the existing use of the property with the City's land use map and
zoning regulations (Section 7.b); the omitting oftext that states the current compliant status of all existing improvements on
the property (formerly Section 7.c); the omitting of text within Section #9 regarding interim permit review and inspections;
and the removal of the reference to the settlement agreement in the last paragraph of Section #14, to prevent this agreement
from being affected by any interpretation issues involving the settlement agreement and sign lighting.
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.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
17
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
AL TERNA TIVES: Not approved the resolution which is a prerequisite to the annexation of the subject property.
D~~~ ~k~
Assistant to City Manager ~
~ ~ ~~=--
,/ Planning and Zoning Director 'City Attorney / Finance
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n I I r-\\..JI I1VIC'" I P\
Vi-CONSENT AGENDA
ITEM J.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requ~sted Cil)' Commission Date Final Form MUSl be Turned Requested City Commission Date Fmal ronn Must be Turned
Meetine Dates in to CiTY Clerk's Office Meetinc: Dates in to CIl'\' Clerk', Office
D August 19, 2008 August 4, 2008 (Noon) [gJ October 21. 2008 October 6, 2008 (Noon)
0 Septem ber 2, 2008 August 18,2008 (Noon) 0 November 5, 200& October 20,200& (Noon)
0 September 16, 2008 September 2, 2008 (Noon) 0 November 18, 2008 November 3,2008 (Noon)
D October 7, 2008 September 15,2008 (Noon) 0 December 2, 2008 November 17, 200B (Noon)
0 AnnouncementslPresentations D City Manager's Report
NATURE OF 0 Administrative D New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA TJON: Possible Annexation ofPropeny at Hypoluxo and Seacrest - Authorize Staff'to enter into utility
extension agreement with Palm Beach Memorial Park with 8 cost recovery of City cOstS over a 10 year period. Authorize
stat'fto prepare amendment of2001 Billboard Consent Decree.
EXPLANA TION: The City has been discussing the annexation of Palm Beach Memorial Park, a 25.6 acre parcel of propeny
located on the west side ofSeacrest 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 of the 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 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 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 panicipation 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 of the two remaining billboards onto the cemetery propeny.
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 corner 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
p lace until calendar year 2009 meaning that the City will not receive property taxes until 20] 0,
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMP ACT: Based on the 2008 property tax rate of .64 553. the assemblage of prciperty will contribute $120;000
annually to the City in property tax revenues beginning in 201 O. The estimate is based on the following calculations:
Property Tax Calculation. Seacrest/Hypoluxo Annexation
2008 BB Rate:> >
0.&4553
Business Name
Address Street
peN
2006 Value
Per PAPA Site
Projected
Taxes to BB
2008 Rate
Sam's Club 7233 Seacrest Blvd 00-113-45-09-23-000-0010 $ 10,222,556 $ 65,990
..
Best Western 7051 Sea crest Blvd 00-4 3-45-09- 23 -000- 00 22 $ 4,604,099 $ 29,721
.
Taco Bell/Pizza Hut 7035 Seacrest Blvd 00-43-45-09- 23-000-0030 $ 1,358,275 $ 8,768
Popeyes Chicken 70"19 Sea crest Blvd 00-43 -4 5-09- 23-000-00 21 $ 869,583 $ 5.613
Palm Beach Memorial Park 3691 Seacrest Blvd 00-43-45-09-05-001-0020 $ 1,580,000 $ 10,199
Est Annual to City s 120,291
(After 1/1/2010)
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 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. )
} .<;
cV~~('~ j~~1
Department Head's Signature -~ Cig; Manager's Signature
Assistant to City Manager
~
Department Name
City Attorney / Finance
S \BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC'
A I I ACHMENT B
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM E
AGENDA ITEM REQUEST FORNI
I Requested CIty Date Final Form Must be I Requested City Date Final Form Must be I
Commission Meeting Turned in to Citv Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Offi ce Office
I~ ApriI2!,2009 April 6, 2009 (Noon) 0 June !6, 2009 June 1, 2009 (Noon)
I !
LJ I May 5, 2009 April 20. 2009 (Noon) LJ July 7. 2009 June 15,2009 (Noon)
I
[J May 19. 2009 ~y4, 2009 (Noon) ILJ July 21, 2009 I July 6,2009 (Noon)
I !
LJ June 2, 2009 May 18. 2009 (Noon) L J August 4, 2009 Julv 20.2009 (Noon)
o Announccments/Presentations
NATURE OF
AGENDA ITEM
Public Hearin
o Unfinished Business
o
RECOMMENDATION: Please place this request on the April 21, 2009 City Connnission Agenda under City
Manager's Report. This item is a Status Report on the Voluntary Annexation of the Palm Beach Memorial Park and Sam I s
Club properties.
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 confirmation 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 Commission in
October of2008, and within the project staff report.. The issues are best swmnarized 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. 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 !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 anncxable 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 !LA that would docllIDCnt the
city's plan to annex this "pocket". STATUS: The ILA has 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 HypoluxoRoad) 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 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 plans to build a
crematorium, the timing of installation of and payment for utility hookups, 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 owners will achieve the necessary recognition,
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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 uJ.ti!!!ate.lgcation on the property will be pursuant to the provisions ofa 2001 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 include.
as anticipated, the timely amendment of the City's LDRs to amend setback requirements applicable to accessory fuel sale
operations in a Pla:nned Connnercial Development zoning district (PCD). STATUS: The agreements are in the process of
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 annexation ordinanc.e.
Lastl.y, the applicant has requested an amendment to the 2001 billboard consent decree to allow placement of a billboard at a
setback of 150 feet. '!"his 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 been
reviewed by the State (the State does not review the corresponding applications for annexation and rezoning). A verbal,
infonnal communication was received from the State indicating that the State's review was fmished and there would be Ill'
objections raised. Staff anticipates receiving the official written notice from the State this week. Once received, the City 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 OD either the May 19lb or June 2nc1 Commission agenda.
PROGRAM IMP ACf: 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 pockel
properties) are anticipated to contribute approximately $120,000 to the City's annual propeny tax revenues.
ALTE~.fiTlVES: Infonnarion only: no ",Oon '"equired at"'" time. . ) ,. 1
iJo.lnll~'~ ~~
. Devel~ment ",epartmCii'fDirector City Manager's Signa~re:. ~
Assistant to City Manager ,..),'j-.
~~
Plamring and Zo . . ector City Attorney l Finance
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S~Nl'S CLUB ~ND NORTHS"TAR PROPERTIES
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1 RESOLUTION NO. R09-084
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 BOYNTON BEACH, FLORIDA, APPROVING AND
5 AUTHORIZING THE MA YOR TO EXECUTE AN
6 AGREEMENT BETWEEN THE CITY OF BOYNTON
7 BEACH AND NORTHST AR PALM BEACH, LLC,
8 REGARDING ANNEXATION OF NORTHSTAR PALM
9 BEACH PROPERTY INTO THE CITY BOUNDARY.
10
11
12 WHEREAS, NORTHSTAR PALM BEACH, LLC is the fee simple owner of
13 certain real property located in unincorporated Palm Beach County, Florida ("County")
14 which is 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
18 171.044(2), Florida Statutes ("Annexation"); and
19 WHEREAS, Owner has previously constructed certain improvements for
20 commercial, 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
25 recommendation of staff, deems it to be in the best interest of the residents and citizens of
26 the City of Boynton Beach to approve the Annexation Agreement between the City of
27 Boynton Beach and NORTHST AR PALM BEACH, LLC.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
11
Section 1.
Each Whereas clause set forth above IS true and correct and
2 incorporated herein by this reference.
3
Section 2.
The City Commission of the City of Boynton Beach, Florida does
4 hereby approve and authorize the Mayor the execute the Annexation Agreement between the
5 City of Boynton Beach and NOR THST AR PALM BEACH, LLC to document their
6 understanding and agreement with respect to annexation and subsequent improvement of the
7 Property; a copy of said Annexation Agreement is attached hereto as Exhibit "A".
8
Section 3.
That this resolution becomes effective immediately upon passage.
9
10
11
12
13
14
15
16
17
18
19
20
21 ATTEST:
PASSED AND ADOPTED this 7th day of July, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor, Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
22
23
24 Janet M. Prainito, CMC
25 City Clerk
26
27
Commissioner - Marlene Ross
28. (Corporate Seal)
29
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 ofthis 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 VITI, 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 Voluntary 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 of City
Ordinances 09-026, 09-027, 09-003, 09-004,09-005, 09-006, 09-007, 09-008 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 (INST) 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. City acknowledges that the existing uses ofthe property,
which include a cemetery and funeral home, are compatible with and permitted by
the proposed land use and zoning categories. The City is currently processing these
land use and rezoning applications concurrently with the Annexation Application;
and
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 any
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 ofthe 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 ofthat 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.
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 in the Northwest quadrant of the Property in the location depicted on Exhibit "B". The
City Commission hereby acknowledges that in the event the Property is annexed into the City, the
proposed location of the billboard is acceptable and consistent with Section 4 of that certain
Settlement Agreement between City, Florida Outdoor Advertising, LLC and Gold Coast Advertising,
Inc. ("Settlement Agreement"). To the extent such a billboard is permitted on the Property in
accordance with the Settlement Agreement the City agrees that it will approve all necessary
applications and permits submitted to the City by Owner for placement of the billboard on the
Property provided the sign meets building code requirements as determined by the City Building
Official.
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 ofthis 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 11, the City shall reimburse the Owner
for out of pocket site development and related costs paid to third parties associated with the
installation of a billboard that conforms to the terms of Paragraph 11, in an amount not to exceed
$30,000.00. The City is not obligated to reimburse Owner for any Owner costs incurred in
administration of the work or for any Owner overhead or profit associated with the site
improvements. Site development cost eligible for City reimbursement shall be limited to (1)
landscaping and other buffer elements, including without limitation a buffer wall, within a 120 feet
distance from the billboard structural foundation, (2) legal fees associated with and relating to the
relocation ofthe billboard to the Northwest comer of Owner's property and the causes therefor, and
(3) the construction of vehicular access necessary to support maintenance ofthe billboard. Request
for reimbursement shall be consolidated on one invoice to be submitted to the City at the completion
of the improvements. The City reserves the right to require copies of any and all supporting
documentation of site development work, including copies of all contractor invoices and material
purchases. It is the duty of Owner to provide third party invoices which include detailed material
quantities and unit costs and the work shall be reasonably associated with the various site
development components. The City shall reimburse the Owner according to this paragraph within
sixty (60) days of submittal to the City of the invoice and requested supporting documents, unless the
supporting documents reflect, in the judgment of the City, costs and/or charges which exceed
standard and customary rates, in which case payment may be delayed until the parties meet on an
expedited basis and resolve the discrepancy in costs or charges sought for reimbursement.
The City will also pay, jointly to Owner and the Billboard Vendor, $5,000.00 in consideration of a
commitment from Owner and Billboard Vendor acknowledging and committing that the billboard
proposed for the Property 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 which prohibit flashing, intermittent or moving lights shall continue to apply. Owner
shall obtain a written acknowledgement and consent from the Billboard Vendor with respect to this
commitment.
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
restrictions.
17. Default. If the City shall default in any of the terms, covenants and/or provisions of this
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. If Owner shall default in any ofthe
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, in
whole or in part, without the prior written consent of the 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 PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the parties hereto have executed this Annexation Agreement as of
the day and year written above.
WITNESSES:
NORTHST AR 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 "A"
[Legal Description]
EXH1BIT A
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 ofthe Replat of Part of Uncoln 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" 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" West, 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" East, 344.35 feet to a point;
Thence, North 03 degrees 27' 44" 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"
[Proposed Billboard Location]
C^' 11'-"'" --
REVISIONS ARE SHOWN
FOR INFORMATION ONLY
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 NORTHST AR PALM BEACH, LLC, a Florida limited liability
company ("Owner").
WIT N E SSE T H:
WHEREA~, 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. Legal Authoritv. 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 s;! sea., 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 Voluntary Annexation ("Annexation Application"), which was previously submitted
to the City, subject to the terms and conditions ofthis 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 l7 1 .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 of, ~j!Y.... .... Co;i;;d;-;;A;;;;~-;-A;li~-;;;;-l
Ordinances 09-026. 09-027. 09-003. 09-004.09-005. 09-006. 09-007. 09-008 and upon the date the
last ofthe parties executes this Agreement.
7. Land Use and Zoning.
(a) The Property is currently designated Institutional and Public Facilities (INST) 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. City acknowledges that the existing uses of the property.
which include a cemetery and funeral home. are com~atible with and permitted by
the proposed land use and zoning categories. The City is currently processing these
land use and rezoning applications concurrently with the Annexation Application;
and
8. Prior County Action. City agrees that consistent with Section 1 71.062, 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
plan(s) 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 any
improvements for which unexpired permits have been issued by the County pursuant to said
approvals.
9. Coot'eration 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 ofthe City in facilitating the expeditious development review process does not constitute
an agreement to approve :
(a) Site plans
".
Deleted: ~
Owner represents that an existing uses and
I improvements currently located on the
Property are in conformance with an
I applicable zoning, land development and
building regulations of Palm Beach
County and the City has accepted and
relied on those representations.
, ............... ..................... .-....- ........ - -.. ....-1
( Formatted: List Paragraph, Indent:
I Left: 0.75", Hanging: 0.25", No
i bullets or numbering, Tabs: 1", List
l tab
(b) Variances or waivers
(c) Zoning changes
(d) Certificates of occupancy
(e) Permits (building, electrical, etc. ..)
as approvals ofthat 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.
lO. 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.
I I. Billboard. City acknowledges that Owner intends to submit permit applications to locate
a billboard jll th.e.)IJ()rtl1\V~st~u<t~raTltor the llr()pertxill.. th.e..lo(;ati()l1~~Qi(;te~oll.. E;XJli.bi t'.'I3"'. T.he
City Commission hereby acknowledges that in the event the Property is annexed into the City. the
proposed location of the billboard is acceptable and consistent \\'itb Section 4 of that certain
Settlement Agreement between City, Florida Outdoor Advertising, LLC and Gold Coast Advertising,
InCy ("~~ttleTtlel1t.. ;\g~~elTl(;Il(1. .. T()tpee);tent suchabill~o<trcl is perrnitt~d()Tl the.. Property. in
accordance with the Settlement Agreement the City agrees that it will .jlppr()yealln~cessaJ)'
applications and permits submitted to the P~v.b)'.9.",:,n.t?!'Jor..l'.l~c;~~1l.en.t..()rth.e.~m~.<?~rcl.oTl.tJ:1e
Property provided the sign meets building code requirements as determined by the City Building
Official"
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
: Deleted: The City shall treat the
, Property as if it was inside City
; boundaries for purposes of an permitting.
; inspections. and approvals for future
; improvements proposed upon the Property
and shall review an applications in as
l. e"'p"d.i~"u..s.~ manner as possible. ~
, -------~~-~-.'\
:..Deleted: on a portion ;
....................~I
n. ............)
"';
. "; Deleted: quadrent
l.. . . .
i Deleted: . To the extent such a
i billboard is permitted on the Property in
'. i accordance with
',,:::-.......-
J
... ..... ",
I
t Deleted: a _____.
, [..r;i~;-.:...... ... ...................,........__......___.__m.
;....... ==:::,..",...-c.
i Deleted: process such request for
i approval by the City Commission as it
; relates
,l:l~I.~~.:'.!~tion ................... .._._. _ .. !
1 Deleted: The billboard shan be located i
m the Northwest quadrant of the property i
i in a location depicted on Exhibit "B". J
t': ._.._ ~ _ _. ~'.'. _._ _.. ~._ _ _.. .__~ __ _ ~.... ~ ~.. _ ~ ~ __~ _ ~ ____.__ _ _ ~ ~ ~ ~.. _ _ ~_'.'. ~ __ _ ~___._ ___ _ _ _ _ ~ _ ~.... _ ~ ~ ~.. _ ~ ~ _.. _.. ~ ~ _ ~ _ _ _ _ _ _ _ ~_. _ ____~ _'. _ ..~._ ..__~.._'
with' respect to the installation of a billboard per Paragraph II. the City shall reimburse the Owner \
for out of pocket site development and related costs paid to third parties associated with the \,
installation of a billboard that conforms to the terms of Paragraph 11. in an amount not to exceed \
$30.000.00. The City is not obligated to reimburse Owner for any Owner costs incurred in \
administration of the work or for any Owner overhead or profit associated with the site \~
improvements. Site development cost eligible for City reimbursement shall be limited to (I) :::"
landscaping and other buffer elements. including without limitation a buffer wall. within a I 20 feet '\
distance from the billboard structural foundation. (2) legal fees associated with and relating to the :::
relocation ofthe billboard to the Northwest comer ofOwner's property and the causes therefor. and \\
':
(3) the construction of vehicular access necessary to support maintenance ofthe billboard. Reauest :.
for reimbursement shall be consolidated on one invoice to be submitted to the City at the completion
of the improvements. The City reserves the right to require copies of any and all supporting
documentation of site development work. including copies of all contractor invoices and material
purchases. It is the duty of Owner to provide third party invoices which include detailed material
quantities and unit costs and the work shall be reasonably associated with the various site
development components. The City shall reimburse the Owner according to this paragraph within
sixty (60) days of submittal to the City of the invoice and requested supporting documents. unless the
supporting documents reflect. in the iudgment of the City. costs and/or charges which exceed
standard and customary rates. in which case payment may be delayed until the parties meet on an
expedited basis and resolve the discrepancy in costs or charges sought for reimbursement.
Deleted: 'I
With respect to the instaUation of a
billboard per Paragraph 11, the City shaH
reimburse the Owner for site development
costs associated with the instaUation of a
billboard that confonns to the terms of
Paragraph 11 in an amount not to exceed
$30,000 subject to receipt of certiDed
costs provided by a licensed professional
civil engineer. Owner shan have the
obligation of submitting estimates and
invoices to the City identifying fair and
reasonable expenses incurred during the
site development and billboard
installation, which expenses shall be
" reimbursed to the Owner within
'; Deleted: thirty (30)
Deleted: sixty (60) days ofsubmittal'l
The City will also pay, jointly to Owner and the Billboard Vendor, $5,000.00 in consideration of~." " rj;i;;t;~brifi~ti;;;'---"-'-"-----J
commitment from Owner andJ?i)).1?~a!.~. Y.~n~.<?!.~(:!\1).O\yI.ed.g.in~Ll!~d.~o~!!li.tti.~g_th~~~.4~.~)itrI?<?a.:~d__...-.. "~I;;d;"~ti;;;;-~i'~~h 8' of
proposed for the Property is limited to lighting devices which illuminate the sign face from an" r'~I~~Setd';;;;e~~ Agreem~t b.;tween
external appendage to the sign and not lighting that emanates from within the sign or from the sign City, Florida Outdoor Advertising, LLC
f: h full 1 LED d' 1 All th ., r h . . d' and Gold Coast Advertising, Inc. which
ace... s.'lCm ~..a.:n.., .~.o. ~~ .~rn. nn.. .l.~nay: .~y:~~~~ ..mo... ~_~.r~.~~~~~~~.~~.n~g.J!!1g__(:~IJ~!I1.C? ..IIl. relates to sign lighting. Notwithstanding
paragraph 8 which prohibit flashing. intermittent or moving lights shall continue to apply. Owner ' . l ":"y ~ther interpretation of paragraph, sign
s~~~~:~::. written acknowledgement and consent from the Billboard Vendor with respect to this 't;~: ~:~:::~~ :::=:::~ ::~:~ :~-:.: J
.PH l~.~~cording. This A;e~~:t's~~ll"~erecorded in the public records of Palm Beach ";'-',} =: ==;ion. . ~
County, Florida upon execution by aU 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 orrestriction shall not relieve Owner ofthe
necessity of complying with the law governing said permitting requirements, conditions, terms or
restrictions.
17. Default. If the City shall default in any ofthe terms, covenants and/or provisions of this
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. If Owner shall default in any of the
terms, covenants and/or provisions of this 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.
l8. Assignability. Neither party shall assign this Agreement or any interest hereunder, in
whole or in part, without the prior written consent of the 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 ofthis 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 ofthe Agreement.
(f) Governing Law. This Agreement shall be construed in accordance with the
laws of the 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 PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the parties hereto have executed this Annexation Agreement as of
the day and year written above.
WITNESSES:
NORTHSTAR PALM BEACH, LLC,
a Florida limited liability company
Print Name
By:
Print Name
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
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 "A"
[Legal Description]
Exhibit.:.JI'
[Proposed Billboard Location]
KII. - LEGAL - 2nd Reading
DEVELOPMENT
CITY OF BOYNTON BEACH ITEM A.4
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
Tumed in to City Clerk's
Office
19,2009
o June 16,2009
st 4, 2009
Jul
o A ri121, 2009
o 5,2009
o June 2, 2009
Jul
0 AnnouncementslPresentations 0 Citv Manager's Reoort
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 181 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this tabled item on the August 4, 2009 City Commission agenda under
Legal, Ordinances - Second Reading. The City Commission tabled this item on July 21 st, thereby allowing further time for
outstanding issues between property owners to be resolved. 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
Northstar Cemetery Services of Florida, LLC
West of North Seacrest Boulevard, South ofHypoluxo Road
Request for annexation
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
Dev~~;:;tMe?
~
City Manager's Signature
rrector
ams Club PB Memorial\ANEX 09-00 I \Agenda Item Request
~
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
~ I .
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ORDINANCE NO. 09-((7
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, ANNEXING 25.89+/- ACRES
OF LAND THAT IS CONTIGUOUS TO THE CITY
LIMITS WITHIN PALM BEACH COUNTY AND
THAT WILL, UPON ANNEXATION, CONSTITUTE
A REASONABLY COMPACT ADDITION TO THE
CITY BOUNDARIES; PROVIDING THAT THE
PROPER LAND USE DESIGNATION AND
PROPER ZONING OF THE PROPERTY SHALL BE
REFLECTED IN SEP ARA TE ORDINANCES TO BE
PASSED SIMUL 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.
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, City of Boynton Beach, Florida, for the purpose of annexing a
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 I, Section 7 (32)
29
ofthe 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
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 boundary.
S :\CA \Ordinances\PlanninMnnexationSAnnexation - Northstar. doc
1
1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
3
Section 1.
That each and every Whereas clause is true and correct.
4
Section 2.
Pursuant to Article I, Section 7 (32) of the Charter of the City of
5 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described
6 unincorporated and contiguous tract of land situated and lying and being in the County of
7 Palm Beach, Florida, to wit:
8 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 \OrdinanceSJ>lanningAnnexation9Annexation - Northstar.doc
2
1
Section 7:
This Ordinance shall not be passed until the same has been advertised
2 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton
3 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes.
Section 8.
This ordinance shall become effective immediately upon passage.
4
5
Section 9.
This ordinance, after adoption, shall be filed with the Clerk of the
6 Circuit Court of Palm Beach County, Florida.
7
FIRST READING this ~ day of _h(\Uf.1.,,,, , 2009.
{
SECOND, FINAL READING and PASSAGE thi~ _ day of
,2009.
8
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26 ATTEST:
27
28
29
30 Janet M. Prainito, CMC
31 City Clerk
32
33
34 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
S :\CA \Ordinances\PlanningAnnexationMnnexation - 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 01 001' 59" East, a distance of 156.13
feet to a point; thence North 8r 30' 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 870 30' 46" West, a distance of 148.72 feet to a point; thence South 01 001' 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 0 I 0 0 I' 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 03027' 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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r;>z7,J/;S/T '7
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DIVISION
MEMORANDUM NO. PZ 08 - 104
Chair and Members
Planning and Development Board
Hanna Matras /!
Senior Planner , ~ ~ l/
Michael W. Rumpf WI
Director of Planning and Zoning
December 1, 2008
Sam's Club/NorthStar/ANNEX 09-001-LUAR 09-002
To annex the two properties, and to amend the Future Land Use
designation on 41.69 acres from Palm Beach County's
Commercial High with a maximum 5 dwelling units per acre
(CHIS) and Institutional and Public Facilities (INST) to Local
Retail Commercial (LRC), and rezone from Palm Beach County's
Commercial General (CG) and Residential Multifamily (RM) to
Planned Commercial Development (PCD) and C-3 Community
Commercial.
Property Owners:
Appli ca nt/ Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Walmart Stores #8140 and NorthStar Cemetery Services of FLf
LLC
Bonnie Miskel and Scott Backman
7233 Sea crest Boulevard/3691 Sea crest Boulevard (Exhibit "A")
15.80/25.89 acresf a total of 41.69 acres
Sam's Club: Palm Beach Countyfs Commercial High with a
maximum 5 dwelling units per acre (CHIS)
NorthStar: Institutional and Public Facilities (INST)
Sam's Club: Palm Beach County's Commercial General (CG)
NorthStar: Residential Multifamily (RM)
Local Retail Commercial (both properties)
Samfs Club: Pianned Commercial Development (PCD)
NorthStar: C-3 Community Commercial
No changes to current uses
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
Adjacent Uses:
North:
South:
Developed commercial properties in unincorporated Palm
Beach County, designated CHIS and zoned CG. Farther north
right-of-way of Hypoluxo Road.
Undeveloped parcel designated High Density Residential
(HDR) and zoned Multi-Family Residential (R-3), then
townhomes (Pine Point Villas Condo) classified High Density
Residential (HDR) and zoned Multi-family Residential (R-3).
East:
Right-of-way of Seacrest Boulevard, farther east single~family
homes (San Castle subdivision) in unincorporated Palm Beach
County, designated Medium Density Residential (MR-S) and
zoned Residential Multifamily (RM); to the northeast,
developed and vacant commercial properties in Lantana,
designated and zoned C1-Commercial.
West:
Right-of-way of Interstate 1-95.
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation! land use amendment and rezoning for
the following reasons:
1. The request is consistent with the annexation and other relevant objectives and policies
of the City's Comprehensive Plan.
2. The proposed amendment will benefit the City by contributing to the diversification of its
economy and its tax base.
3. The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities, or generate any negative impacts
upon adjacent or nearby properties.
PROJECT A.NAl YSIS
The two properties which are the subject of this land 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 Department of Community Affairs 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.
2
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
This proposed amendment is being reviewed for transmittal to the Florida Department of
Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be
scheduled for adoption, tentatively in May 2009.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limit:ed to/ a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager. The planning department shall also recommend limitations or
requirements/ which would have to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive plan.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The request is consistent with the City's annexation program as
described in the following objective and policies in the Comprehensive Plan:
Objective 1.15
Policy 1.15.1
Policy 1.15.2
Policy 1.15.3
The City will continue to expand through annexation of endaves,
pockets and other contiguous properties.
The City shall continue to promote the orderly annexation of lands
consistent with Chapter 171/ Rorida Statutes/ and the Palm Beach County
Annexation Policy.
The City shall utilize four methods of annexation:
1. Voluntary annexation;
2. Annexation by interlocal agreement with Palm Beach County;
3. Compliance with pre-annexation water service agreements from the
City; and
4. Referendum.
The City shall require every property being annexed into the City to
concurrently apply for land use amendment and rezoning to the City's
adopted land use classification and zoning district. "
The request is also consistent with Objective 1.17:
Objective 1.17
The City shall pursue economic development opportunities to
support a competitive and diversified economy.
Sam's Club will contribute to the diversification of the City's economy and the City's fiscal
profile, now overly dependent on the residential sector for its tax revenues.
b. Whether the proposed rezoning would be contrary to the established land use
pattern or would create an isolated district unrelated to adjacent and nearby
districts/ or would constitute a grant or special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The uses of both properties have been long established under the
"
~
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
Palm Beach County's land use and zoning designations. No changes in use are planned for
either property.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The proposed amendment is requested in conjunction with an application for annexation. The
existing Palm Beach County land use designation and zoning must be changed to the city land
use d.7si9r\~tion and zoning district.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
As stated, the proposed land use amendment does not entail changes to current use of the
subject properties. The addition of an accessory fuelling facility is currently planned for the
Sam's Club (see the Master Plan review in the last section of this report); a carwash may be
added later. The NorthStar Cemetery Services is planning to add a crematorium sometime in the
future. Both planned additions represent minimal impact upon municipal services as described
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 trip characteristics'
analysis done for similar projects indicate the internal trip capture of over 50%.
Likewise, the future addition of the crematorium to the NorthStar's cemetery will not have a
significant impact 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 by the County for
consistency with the Pal Beach County Traffic Performance Standards ordinance.
Potable Water 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 overall 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 cemetery, but due to the need for,
and the cost of, the extensive on-site improvements, NorthStar's connection to the City's sewer
system will be postponed. Moreover, the facility will continue to use well water for irrigation
purposes.
Water Demand
Land Use Generation Rate Units Total GDP
Existing! Proposed Officei Crematcrim 25 GPD per emplOfef 16 400
O1urch 5 GPD per seat 120 600
1,000
4
File Number: LUAR 09-002-ANEX 09-001
Sam's C1ub/NorthStar
The future addition of a crematorium will have a marginal impact, accounted for in the above
table. The generation rates for office and church uses are applied in demand calculations for the
existing funeral home and chapel buildings.
Potable Water Facilities
Water Plant Capacity* (peak day) 27,000,000
Committed capacity (actual flow + reserved capacity, peak day 23,622,289
Remaining capacity 3,377,711
SFWMD permitted withdrawals (average day) 21,490,000
Contracted amount to purchase from County 5,000,000
Expiration date of water use permit August 14, 2010
*lncludes 5,000,000 contracted to purchase for Palm Beach County
As shownl the projected increase in water demand is insignificant as compared 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
Land Use Generation Rate Units Total GDP
Existing I Proposed Officel Crematori m 25 GPD per employee 16 400
Church 5 GPD per seat 120 600
1,000
Sanitary Sewer Facilities
Sewer Treatment Capacity 24 MGD
Committed or allocated capacity (MGD) 18.56
Available capacity (MGD) 2.72
Solid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the lO-year planning period.
Drainaae
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 use of the subject properties will not change; the proposed rezoning will be compatible
with adjacent and nearby properties. The proposed iand use and zoning for the Sam's Club
property is similar to the current County land use and zoning designations. The Local Retail
Commercial land use classification is proposed for both the Sam/s Club and the NorthStar
property. Both properties would also have commercial zoning designationsl with a PCD zoning
requested for Sam's Club and C-3 zoning for NorthStar. The NorthStar cemetery, which is a
commercial enterprise, constitutes an appropriate transitional use between the high intensity
commercial Sam's Club to the north and residential uses to the south. Given the unfeasibility of
5
Rle Number: LUAR 09-002-ANEX 09-001
Sam's ClubjNorthStar
redevelopment of a large existing cemetery, a proposed commercial zoning has a negligible
potential for negative impact on nearby residential properties in the future.
The proposed commercial land use and zoning designation for the NorthStar cemetery will
accommodate the plan to subsequently add a crematorium. It also reflects a commercial, rather
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 cemetery property, pursuant to Florida
Statutes and the 2001 settlement agreement between the City and two advertising
corporations. The settlement allows for the placement of a set number of billboards at various
locations along the 1-95 right-of-way, subject to, in part, a residential separation standard and
all applicable siting standards of Florida Statutes. The subject property would allow for the
citing of one of the two remaining billboards allowed under the agreement, with minimal
impacts on residential and other land uses.
The requested C-3 zoning for the NorthStar property 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 funeral home as a
permitted use and funeral home with a crematorium as a conditional use. The amendment
would establish a cemetery in conjunction with a funeral home as a permitted use in the (-3
zoning district.
f. Whether the property is physically and economically developable under the existing
zoning.
The proposed reclaSSification/rezoning involves developed properties and is a necessary action
in conjunction with an annexation.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning is reasonably related to the needs of the
neighborhood and the city as a whole (see above sections "etr and ''f').
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
The proposed amendment is requested for the already developed properties and in conjunction
with an application for annexation. No use changes are planned for either property.
MASTER PLAN ANALYSIS FOR SAM'S CLUB
When requesting to rezone property to a planned district, such as Planned Commercial
Development (PCD), the applicant is required to submit a Master Plan depicting the location of
site improvements, proposed traffic patterns and site data. Since the existing Sam's Club is
requesting PCD zoning, the applicant has submitted the requisite master plan. The master plan
depicts the existing one-story, 134,100 square root Sam's Club building situated in the
southwest corner of the property, as well as a proposed Sam's membership gas station and
carwash facility in the northeast comer of the property.
6
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
The plan depicts parking on all sides of the property, with the largest parking fields to the east
and north of the existing Sam's structure. With the inclusion of the gas and carwash facility, the
site proposes 683 parking spaces, four (4) spaces in excess of the required 679. Access to the
property would be through four (4) existing driveways, one (1) from Hypoluxo Road, just east
of Seacrest Boulevard, and three (3) existing drives off of Sea crest Boulevard, at the northern
edge, center and southern edge of the site. The site has traffic circulation completely around
the site and existing and proposed structures, for ease of service delivery and emergency
access.
Planned Commercial District regulations establish setbacv..s and buffers in excess of standard
commercial zoning districts. The existing 134,100 square foot building would exceed all of the
district setback requirements; front - 40' required/355' provided, side - 30' required/45' & 270'
provided, and rear - 40' required/65' provided. As for setback requirements applicable to the
proposed gas and carwash facility, the code sets forth special setback regulations for gas
stations, which would be met with the plan submitted; front - 35' required/36' proposed, side-
20' required/555' & 130' proposed, and rear - 20' required/220' provided. Buffers are to be
designed in accord with the peripheral 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, except for an approximate 190 foot long segment
along the south side of the building abutting the cemetery property. Since only this small strip
falls short of the PCD requirement, staff wi II require a denser planting scheme to be
accomplished when the formal site plan is brought forward in the future to approve the gas and
carwash 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 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 plan is
not required as part of the rezoning. The applicant has suggested the possibility of modifying
the site at some point in the future to accommodate a crematorium. When the applicant is
ready to bring forward such a proposal, staff will initiate the necessary site plan review process.
CONCLUSIONS I RECOMMENDATIONS
The request is consistent with the objectives of the City's annexation program and relevant
policies in the Comprehensive Plan. Furthermore, it will benefit the City's economy without
creating additional impacts on infrastructure that cannot be accommodated within existing
capacities, and without generating any negative impacts upon adjacent or nearby properties.
Therefore, staff recommends that the subject request be approved.
ATTACHMENTS
S:\Planmng\SHARED\WP\PROJECTS\Sams Club PB Memorial\LUAR 09-002\STAFF REPORT Sam'sOut>-PBMemorial.doc
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KIl. - LEGAL - 2nd
DEVELOPMENT
ITEM A.5
Reading
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
D A ril 21, 2009
D Ma 5,2009
D Ma 19,2009
D June 2, 2009
Requested City
Commission Meeting Dates
Date Final Form Must be
Tumed in to City Clerk's
Office
D June 16, 2009
D Jul
D Jul Jul
181 Au st 4, 2009 Jul
D AnnouncementsIPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda 181 Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Please place this tabled item on the August 4, 2009 City Commission agenda under
Legal, Ordinances - Second Reading. The City Commission tabled this item on July 21 S\ thereby allowing further time for
outstanding issues between property owners to be resolved. For further details pertaining to this request, see attached
Department Memorandum No. 08-104.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Northstar (LUAR 09-002)
Bonnie Miskel and Scott Backman
Northstar Cemetery Services of Florida, LLC
West of North Seacrest Boulevard, South of Hypoluxo Road
Request to amend the Comprehensive Plan Future Land Use Map classification
from Institutional (Palm Beach County) to Local Retail Commercial (LRC).
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/ A
ALTERNATIVE~ N/A
~/-.J~_
Development Departrn ector
~
g
Planning-and Zo g irector . Attorney / Finance
S:\Planning\SHARED\WP\PROJE TS\Sams Club PB Memorial\LUAR 09-002\Agenda Item Request Northstar Amend LUAR 09-001 8-4-o9.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 09-D:>("
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 NORTHST AR CEMETERY SERVICES OF
8 FLORIDA LLC., AND LOCATED AT 3691 SEACREST
9 BOULEVARD; CHANGING THE LAND USE
10 DESIGNA TION FROM INSTITUTIONAL AND PUBLIC
11 FACILITIES (INST) TO LOCAL RETAIL
12 COMMERCIAL; PROVIDING FOR CONFLICTS,
13 SEVERABILITY, AND AN EFFECTIVE DATE.
14
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 finds that the amendment
23 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
24 the best interest of the inhabitants of said City to amend the aforesaid Element of the
25 Comprehensive Plan as provided.
26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
27 CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
29 herein by this reference.
S :\CA \OrdinanceS\Planning.Land Use\Northstar. doc
. I.
"
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 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 attfChed 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...nua...ry ,2009.
s: \CA \OrdinanceSIPlanning,Land UseINorthstar. doc
- 2 -
I
11
SECOND, FINAL READING and PASSAGE this _..____ lay of
,2009.
2
CITY OF BOYNTON BEACH, FLORIDA
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 ATTEST:
19
20
21 Janet M. Prainito, CMC
22 City Clerk
23
24
25 (Corporate Seal)
26
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
S :\CA \Ordinances\Planning..Land U se\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 ofthe 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 870 30' 46" West, a distance of 33.81 feet to a point; thence North
010 01' 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 01001' 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 of 545.43 feet to the POINT OF BEGINNING.
Said parcel contains 25.89 acres ofland, more or less.
EX#ltSll t \./1-
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 08 - 104
Chair and Members
Planning and Development Board
Hanna Matras !)
Senior Planner ,~ \U
Michael W. Rumpf \;.~ I
Director of Planning and Zoning
December 1, 2008
Sam's Club/NorthStar/ANNEX 09-001-LUAR 09-002
To annex the two properties, and to amend the Future Land Use
designation on 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 General (CG) and Residential Multifamily (RM) to
Planned Commercial Development (PCD) and C-3 Community
Commercial.
Property Owners:
Applicantl Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Walmart Stores #8140 and NorthStar Cemetery Services of FL,
LLC
Bonnie Miskel and Scott Backman
7233 Sea crest Boulevard/3691 Sea crest Boulevard (Exhibit "A")
15.80/25.89 acres, a total of 41.69 acres
Sam's Club: Palm Beach County's Commercial High with a
maximum 5 dwelling units per acre (CHIS)
NorthStar: Institutional and Public Facilities (INST)
Sam's Club: Palm Beach County's Commercial General (CG)
NorthStar: Residential Multifamily (RM)
Local Retail Commercial (both properties)
Sam's Club: Planned Commercial Deveiopment (PCD)
NorthStar: C-3 Community Commercial
No changes to current uses
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
Adjacent Uses:
North:
South:
Developed commercial properties in unincorporated Palm
Beach County, designated CHIS and zoned CG. Farther north
right-of-way of Hypoluxo Road.
Undeveloped parcel designated High Density Residential
(HDR) and zoned Multi-Family Residential (R-3), then
townhomes (Pine Point Villas Condo) classified High Density
Residential (HDR) and zoned Multi-family Residential (R-3).
East:
Right-of-way of Seacrest Boulevard, farther east single-:famiiy
homes (San Castle subdivision) in unincorporated Palm Beach
County, designated Medium Density Residential (MR-S) and
zoned Residential Multifamily (RM); to the northeast,
developed and vacant commercial properties in Lantana,
designated and zoned Ci-Commercial.
West:
Right-of-way of Interstate I-95.
exECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning for
the following reasons:
1. The request is consistent with the annexation and other relevant objectives and policies
of the City's Comprehensive Plan.
2. The proposed amendment will benefit the City by contributing to the diversification of its
economy and its tax base.
3. The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities, or generate any negative impacts
upon adjacent or nearby properties.
PROJECT ANALYSIS
The two properties which are the subject of this land 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 Department of Community Affairs 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 aty 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.
2
File Number: LUAR 09-002-ANEX 09-001
Sam's C1ubjNorthStar
This proposed amendment is being reviewed for transmittal to the Florida Department of
Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be
scheduled for adoption, tentatively in May 2009.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limired 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
property, in order to comply with policies contained in the comprehensive plan.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The request is consistent with the City's annexation program as
described in the following objective and policies in the Comprehensive Plan:
Objective 1.15
Policy1.15.1
Policy 1.15.2
Policy 1.15.3
The City will continue to expand through annexation of enclaves,
pockets and other contiguous properties.
The City shall continue to promote the orderly annexation of lands
consistent with Chapter 171/ Rorida Statutes/ and the Palm Beach County
Annexation Policy.
The City shall utilize four methods of annexation:
1. Voluntary annexation;
2. Annexation by inter local agreement with Palm Beach County;
3. Compliance with pre-annexation water service agreements from the
City; and
4. Referendum.
The City shall require every property being annexed into the City to
concurrently apply for land use amendment and rezoning to the Citys
adopted land use classification and zoning district. "
The request is also consistent with Objective 1.17:
Objective 1.17
The City shall pursue economic development opportunities to
support a competitive and diversified economy.
Sam's Club will contribute to the diversification of the City's economy and the City's fiscal
profile, now overly dependent on the residential sector for its tax revenues.
b. Whether the proposed rezoning would be contrary to the established land use
pattern or would create an isolated district unrelated to adjacent and nearby
districts/ or would constitute a grant of'special privilege to an individual property
owner as contrasted with the protection of the public Weh7Jre.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The uses of both properties have been long established under the
3
File Number: LUAR 09-002-ANEX 09-001
Sam's ClubjNorthStar
Palm Beach County's land use and zoning designations. No changes in use are planned for
either property.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The proposed amendment is requested in conjunction with an application for annexation. The
existing Palm Beach County land use designation and zoning must be changed to the city land
use designation and zoning district.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
As stated, the proposed land use amendment does not entail changes to current use of the
subject properties. The addition of an accessory fuelling facility is currently planned for the
Sam's Club (see the Master Plan review in the last section of this report); a carwash may be
added later. The NorthStar Cemetery Services is planning to add a crematorium sometime in the
Mure. Both planned additions represent minimal impact upon municipal services as described
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 trip characteristics'
analysis done for similar projects indicate the internal trip capture of over 50%.
Likewise, the future addition of the crematorium to the NorthStar's cemetery will not have a
significant impact 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 by the County for
consistency with the Pal Beach County Traffic Performance Standards ordinance.
Potable Water 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 overall 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 cemetery, but due to the need for,
and the cost of, the extensive on-site improvements, NorthStar's connection to the City's sewer
system will be postponed. Moreover, the facility will continue to use well water for irrigation
purposes.
Wat!!r Demand
Land Use Gereration Rate Units Total GDP
Existing! Proposed Offi~ O'ematcrim 25 GPD per emplOfe; 16 400
OlUrdl 5 GPD per seat 120 600
1,000
4
File Number: LUAR 09-002-ANEX 09-001
Sam's ClubjNorthStar
The future addition of a crematorium will have a marginal impact, accounted for in the above
table. The generation rates for office and church uses are applied in demand calculations for the
existing funeral home and chapel buildings.
Potable Water Facilities
Water Plant Capacity* (peak day) 27,000,000
Committed capacity (actual flow + reserved capacity, peak day 23,622,289
Remaining capacity 3,377,711
SFWMO permitted withdrawals (average day) 21,490,000
Contracted amount to purchase from County 5,000,000
Expiration date of water use permit August 14, 2010
*Includes 5,000,000 contracted to purchase for Palm Beach County
As shown, the projected increase in water demand is insignificant as compared 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
Land Use Generation Rate Units Total GDP
Existing! Proposed Office/Crematorim 25 GPO per employee 16 400
Church 5 GPD per seat 120 600
1,000
Sanitary Sewer Facilities
Sewer Treatment Capacity 24 MGO
Committed or allocated capacity (MGO) 18.56
Available capadty (MGD) 2.72
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.
Drainaae
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 use of the subject properties will not change; the proposed rezoning will be compatible
with adjacent and nearby properties. The proposed land use and zoning for the Sam's Club
property is similar to the current County land use and zoning designations. The Local Retail
Commercial land use classification is proposed for both the Sam's Club and the NorthStar
property. Both properties would also have commercial zoning designations, with a PCD zoning
requested for Sam's Club and (-3 zoning for NorthStar. The NorthStar cemetery, which is a
commercial enterprise, constitutes an appropriate transitional use between the high intensity
commercial Sam's Club to the north and residential uses to the south. Given the unfeasibility of
5
Rle Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
redevelopment of a large existing cemetery, a proposed commercial zoning has a negligible
potential for negative impact on nearby residential properties in the future.
The proposed commercial land use and zoning designation for the NorthStar cemetery will
accommodate the plan to subsequently add a crematorium. It also reflects a commercial, rather
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 cemetery property, pursuant to Florida
Statutes and the 2001 settlement agreement between the City and two advertising
corporations. The settlement-.allows for the placement of a set number of billboards at various
locations along the 1-95 right-of-way, subject to, in part, a residential separation standard and
all applicable siting standards of Florida Statutes. The subject property would allow for the
citing of one of the two remaining billboards allowed under the agreement, with minimal
impacts on residential and other land uses.
The requested (-3 zoning for the NorthStar property 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 funeral home as a
permitted use and funeral home with a crematorium as a conditional use. The amendment
would establish a cemetery in conjunction with a funeral home as a permitted use in the (-3
zoning district.
f. Whether the property is physically and economically developable under the existing
zoning.
The proposed reclaSSification/rezoning involves developed properties and is a necessary action
in conjunction with an annexation.
g. Whether the proposed rezoning is or a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning is reasonably related to the needs of the
neighborhood and the city as a whole (see above sections "elf and ''f'').
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already aI/owed.
The proposed amendment is requested for the already developed properties and in conjunction
with an application for annexation. No use changes are planned for either property.
MASTER PLAN ANALYSIS FOR SAM'S CLUB
When requesting to rezone property to a planned district, such as Planned Commercial
Development (PCD), the applicant is required to submit a Master Plan depicting the location of
site' improvements, proposed traffic patterns and site data. Since the existing Sam's Club is
requesting PCD zoning, the applicant has submitted the requisite master plan. The master plan
depicts the existing one-story, 134,100 square foot Sam's Club building situated in the
southwest corner of the property, as well as a proposed Sam's membership gas station and
carwash facility in the northeast comer of the property.
6
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
The plan depicts parking on all sides of the property, with the largest parking fields to the east
and north of the existing Sam's structure. With the inclusion of the gas and carwash facility, the
site proposes 683 parking spaces, four (4) spaces in excess of the required 679. Access to the
property would be through four (4) existing driveways, one (1) from Hypoluxo Road, just east
of Seacrest Boulevard, and three (3) existing drives off of Seacrest Boulevard, at the northern
edge, center and southern edge of the site. The site has traffic circulation completely around
the site and existing and proposed structures, for ease of service delivery and emergency
access.
Planned Commercial District regulations establish setbacks and buffers in excess of standard
commercial zoning districts. The existing 134,100 square foot building would exceed all of the
district setback requirements; front - 40' required/355' provided, side - 30' required/45' & 2.70'
provided, and rear - 40' required/65' provided. As for setback requirements applicable to the
proposed gas and carwash facility, the code sets forth special setback regulations for gas
stations, which would be met with the plan submitted; front - 35' required/36' proposed, side -
20' required/555' & 130' proposed, and rear - 20' required/220' provided. Buffers are to be
designed in accord with the peripheral 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, except for an approximate 190 foot long segment
along the south side of the building abutting the cemetery property. 5ince only this small strip
falls short of the PCD requirement, staff will require a denser planting scheme to be
accomplished when the formal site plan is brought forward in the future to approve the gas and
carwash 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
Samfs 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 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 plan is
not required as part of the rezoning. The applicant has suggested the possibility of modifying
the site at some point in the future to accommodate a crematorium. When the applicant is
ready to bring forward such a proposal, staff will initiate the necessary site plan review process.
CONCLUSIONSlRECOMMENDATIONS
The request is consistent with the objectives of the City's annexation program and relevant
policies in the Comprehensive Plan. Furthermore, it will benefit the City's economy without
creating additional impacts on infrastructure that cannot be accommodated within existing
capacities, and without generating any negative impacts upon adjacent or nearby properties.
Therefore, staff recommends that the subject request be approved.
ATIACHMENTS
S:\Planmng\SHARED\WP\PROJECTS\Sams Dub PB Memorial\WAR 09-002\STAFF REPORT Sam'sOub-PBMemonal.doc
7
SAM'S CLU8 AND NORTHSTAR PROPERTies EXJ-\IBIT "A"
LOCATION MAP
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C-1
, OF 1
I XII. - LEGAL- 2nd Reading
[ DEVELOPMENT
CITY OF BOYNTON BEACH [ ITEM A.6
AGENDA ITEM REQUEST FORlVl
Requested City
Commission Meeting
Dates
Date Final Form Must be
Tumed in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
D A ri121, 2009
D Ma 5,2009
D Ma 19,2009
D June 2, 2009
D June 16,2009
D Jul
D Jul
181 st 4, 2009
D AnnouncementsIPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda 181 Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Please place this tabled item on the August 4, 2009 City Commission agenda under
Legal, Ordinances - Second Reading. The City Commission tabled this item on July 2151, thereby allowing further time for
outstanding issues between property owners to be resolved. For further details pertaining to this request, see attached
Department Memorandum No. 08-104.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Northstar (LUAR 09-002)
Bonnie Miske! and Scott Backman
Northstar Cemetery Services of Florida, LLC
West of North Seacrest Boulevard, South ofHypoluxo Road
Request to rezone from Palm Beach County Residential Multifamily (RM) to
C-3, Community Commercial.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVE~ i~t ~
Development Department e tor
Planning and 20nin . ector City A
S:\Planning\SHARED\WP\PROJECTS ams Club PB Memorial\LUAR 09-002\Agenda Item Request NorthstaT
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 09- {](~
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF NORTHSTAR CEMETERY
6 SERVICES OF FLORIDA, LLC., AMENDING
7 ORDINANCE 02-013 TO REZONE A PARCEL OF
8 LAND LOCA TED AT 3691 SEA CREST
9 BOULEVARD, AS MORE FULL Y DESCRIBED
10 HEREIN, FROM RESIDENTIAL MULTI-FAMILY
11 (RM) TO C-3 COMMUNITY COMMERCIAL;
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 City;
1 7 and
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
S' \CA \Ord inances\Planning,RezoningRezoning -N orthstar. 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"
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 Residential Multi-family (RM) to C-3 Community
17 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-IlLU3-rt ' 2009.
s: \CA \OrdinanceSJ'lanning,Rezoning,Rezoning -N orthstar.doc
1
SECOND, FINAL READING and PASSAGE this __~ -lay of .
,2009.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17 ATTEST:
18
19
20 Janet M. Prainito, CMC
2 1 City Clerk
22
23
2 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:\CA \OrdinanceSIPJanningJ{ezoningJ{ezoning .Northstar doc
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 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 01001' 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 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 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 0 I 0 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 03027' 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 ofland, more or less.
/' l' ,,//1//
t- )(IV-I b i r '- I -t.-
SAM'S CLUB AND NORTHSTAR PROPERTIES
LOCATION MAP
EXHIBIT "R"
z
C' "-....---.-...-.-..-.'y --
t. in ~G-ity ,(::,-..,' --.-----
'.. --HY i,owl b..gD. ':
-net--.in-c-ity
~
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+0
-- -"'-"-'-'''"'''~'''-'-..,.....-''''~'''~'---'*---
. ,
'i-JE~-,
- '-T"'-
;:-~..J..-~,~L,L_"-.L,.._ !
LWIL~.ciIs_bJiH.o,;
HDR - High Density Residential
MeDR- Medium Density Residential
PPGI . Public & Private Governmental/Institutional
l\:
'" __~t~ ~
vv X~~- c
S
.
LEGEND
250 125 0
:--
250
500
750
1.000
Feel
..... - City Boundary
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DMSION
MEMORANDUM NO. PZ 08 - 104
Chair and Members
Planning and Development Board
Hanna Matras U
Senior Planner ;0'
t .
Michael W. Rumpf I I
Director of Planning and Zoning
December 1, 2008
Sam's Club/NorthStar/ANNEX 09-001-LUAR 09-002
To annex the two properties, and to amend the Future land Use
designation on 41.69 acres from Palm Beach County's
Commercial High with a maximum S dwelling units per acre
(CHIS) and Institutional and Public Facilities (INST) to Local
Retail Commercial (LRC)/ and rezone from Palm Beach County's
Commercial General (CG) and Residential Multifamily (RM) to
Planned Commercial Development (PCD) and C-3 Community
Commercial.
Property Owners:
App Ii ca nt/ Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Walmart Stores #8140 and NorthStar Cemetery Services of FL,
LLC
Bonnie Miskel and Scott Backman
7233 Sea crest Boulevard/3691 Seacrest Boulevard (Exhibit "A")
15.80/25.89 acres, a total of 41.69 acres
Sam's Club: Palm Beach County's Commercial High with a
maximum 5 dwelling units per acre (CHIS)
NorthStar: Institutional and Public Facilities (INST)
Sam's Club: Palm Beach County's Commercial General (CG)
NorthStar: Residential Multifamily (RM)
local Retail Commercial (both properties)
Sam's Club: Planned Commercial Development (PCD)
NorthStar: C-3 Community Commercial
No changes to current uses
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
Adjacent Uses:
North:
South:
Developed commercial properties in unincorporated Palm
Beach County, designated CHIS and zoned CG. Farther north
right-of-way of Hypoluxo Road.
Undeveloped parcel designated High Density Residential
(HDR) and zoned Multi-Family Residential (R-3), then
townhomes (Pine Point Villas Condo) classified High Density
Residential (HDR) and zoned Multi-family Residential (R-3).
East:
Right-of-way of Sea crest Boulevard, farther east single-Jamily
homes (San Castle subdivision) in unincorporated Palm Beach
County, designated Medium Density Residential (MR-S) and
zoned Residential Multifamily (RM); to the northeast,
developed and vacant commercial properties in Lantana,
designated and zoned Cl-Commercial.
West:
Right-of-way of Interstate I -9S.
EXECUllVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning for
the following reasons:
1. The request is consistent with the annexation and other relevant objectives and policies
of the City's Comprehensive Plan.
2. The proposed amendment will benefit the City by contributing to the diversification of its
economy and its tax base.
3. The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities, or generate any negative impacts
upon adjacent or nearby properties.
PROJECT ANALYSIS
The two properties which are the subject of this land 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 Department of Community Affairs 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.
::;
File Number: LUAR 09-002-ANEX 09-001
Sam's ClubjNorthStar
This proposed amendment is being reviewed for transmittal to the Florida Department of
Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be
scheduled for adoption, tentatively in May 2009.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to/ a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager. The planning department shall also recommend limitations or
requirements, which would have to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive plan.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The request is consistent with the City's annexation program as
described in the following objective and policies in the Comprehensive Plan:
Objective 1.15
Po/icy1.15.1
Policy 1.15.2
Policy 1.15.3
The City will continue to expand through annexation of enclaves,
pockets and other contiguous properties.
The City shall continue to promote the orderly annexation of lands
consistent with Chapter 171/ Rorida Statutes/ and the Palm Beach County
Annexation Policy.
The City shall utilize four methods of annexation:
1. Voluntary annexation;
2. Annexation by interlocal agreement with Palm Beach County;
3. Compliance with pre-annexation water service agreements from the
City; and
4. Referendum.
The City shall require every property being annexed into the City to
concurrently apply for land use amendment and rezoning to the Oty's
adopted land use classification and zoning district. "
The request is also consistent with Objective 1.17:
Objective 1.17
The City shall pursue economic development opportunities to
support a competitive and diversified economy.
Sam's Club will contribute to the diversification of the City's economy and the City's fiscal
profile, now overly dependent on the residential sector for its tax revenues.
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant or special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The uses of both properties have been long established under the
3
File Number: LUAR 09-002-ANEX 09-001
Sam's ClubjNorthStar
Palm Beach County's land use and zoning designations. No changes in L!se are planned for
either property.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The proposed amendment is requested in conjunction with an application for annexation. Tne
existing Palm Beach County land use designation and zoning must be changed to the city land
use designation and zoning district.
d. Whether the proposed use would be compatible with utility systems, roadwaysr and
other public facilities.
As stated, the proposed land use amendment does not entail changes to current use of the
subject properties. The addition of an accessory fuelling facility is currently planned for the
Sam's Club (see the Master Plan review in the last section of this report); a carwash may be
added later. The NorthStar Cemetery Services is planning to add a crematorium sometime in the
future. Both planned additions represent minimal impact upon municipal services as described
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 trip characteristics'
analysis done for similar projects indicate the internal trip capture of over 50%.
Likewise, the future addition of the crematorium to the NorthStar's cemetery will not have a
significant impact 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 by the County for
consistency with the Pal Beach County Traffic Performance Standards ordinance.
Potable Water and Sewer
The City provides both water and sewer services to the Sam's Club property. The addition or a
fuelling station will not have a significant effect on the site/s overall 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 cemetery, but due to the need for,
and the cost of, the extensive on-site improvements, NorthStar1s connection to the City's sewer
system will be postponed. Moreover, the facility will continue to use well water for irrigation
purposes.
Water Demand
land Use Generation Rat!! Units Total GDP
Existing/ Proposed Offi~ Crematcrim 25 GPD per emplo,ree 16 400
Olurch 5 GPD per seat 120 600
1,000
4
File Number: LUAR 09-002-ANEX 09-001
Sam's ClubjNorthStar
The future addition of a crematorium will have a marginal impact, accounted for in the above
table. The generation rates for office and church uses are applied in demand calculations for the
existing funeral home and chapel buildings.
Potable Water Facilities
Water Plant Capacity* (peak day) 27,000,000
Committed capacity (actual flow + reserved capacity, peak day 23,622,289
Remaining capacity 3,377 ,711
SFWMD pennitted withdrawals (average day) 21,490rOOO
Contracted amount to purchase from County 5,OOOrOOO
Expiration date of water use penn it August 14, 2010
*lndudes 5,000,000 contracted to purchase for Palm Beach County
As shown, the projected increase in water demand is insignificant as compared 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
Land Use Generation Rate Units Total GDP
Existing! Proposed Office/Crematorim 25 GPD per employee 16 400
Church 5 GPO per seat 120 600
1,000
Sanitary Sewer Facilities
Sewer Treatment Capadty 24 MGD
Committed or allocated capacity (MGD) 18.56
Available capadty (MGO) 2.72
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.
Drainaae
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 compaoble with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
The use of the subject properties will not change; the proposed rezoning will be compatible
with adjacent and nearby properties. The proposed land use and zoning for the Sam's Club
property is similar to the current County land use and zoning designations. The Local Retail
Commercial land use classification is proposed for both the Sam's Club and the NorthStar
property. Both properties would also have commercial zoning designations, with a PCD zoning
requested for Sam's Club and C-3 zoning for NorthStar. The NorthStar cemetery, which is a
commercial enterprise, constitutes an appropriate transitional use between the high intensity
commercial Sam's Club to the north and residential uses to the south. Given the unfeasibility of
5
File Number: LUAR 09-002-ANEX 09-001
Sam's C1ub/NorthStar
redevelopment of a large existing cemetery, a proposed commercial zoning has a negligible
potential for negative impact on nearby residenti al properties in the future.
The proposed commercial land use and zoning designation for the NorthStar cemetery will
accommodate the plan to subsequently add a crematorium. It also reflects a commercial, rather
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 cemetery property, pursuant to Florida
Statutes and the 2001 settlement agreement between the City and two advertising
corporations. The settlement allows for the placement of a set number of billboards at various
locations along the 1-95 right-of-way, subject to, in part, a residential separation standard and
all applicable siting standards of Florida Statutes. The subject property would allow for the
citing of one of the two remaining billboards allowed under the agreement, with minimal
impacts on residential and other land uses.
The requested C-3 zoning for the NorthStar property 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 funeral home as a
permitted use and funeral home with a crematorium as a conditional use. The amendment
would establish a cemetery in conjunction with a funeral home as a permitted use in the (-3
zoning district.
f. Whether the property is physically and economically developable under the existing
zoning.
The proposed reclassification/rezoning involves developed properties and is a necessary action
in conjunction with an annexation.
g. Whether the proposed rezoning is or a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning 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 alreadya//owed.
The proposed amendment is requested for the already developed properties and in conjunction
with an application for annexation. No use changes are planned for either property.
MASTER PLAN ANALYSIS FOR SAM'S CLUB
When requesting to rezone property to a planned district, such as Planned Commercial
Development (PCD), the applicant is required to submit a Master Plan depicting the location of
site improvements, proposed traffic patterns and site data. Since the existing Sam's Club is
requesting PCD zoning, the applicant has submitted the requisite master plan. The master plan
depicts the existing one-story, 134,100 square foot Sam's Club building situated in the
southwest corner of the property, as well as a proposed Sam's membership gas station and
carwash facility in the northeast corner of the property.
6
File Number: LUAR 09-002-ANEX 09-001
Sam's ClubjNorthStar
The plan depicts parking on all sides of the property, with the largest parking fields to the east
and north of the existing Sam's structure. With the inclusion of the gas and carwash facility, the
site proposes 683 parking spaces, four (4) spaces in excess of the required 679. Access to the
property would be through four (4) existing driveways, one (1) from Hypoluxo Road, just east
of Seacrest Boulevard, and three (3) existing drives off of Seacrest Boulevard, at the northern
edge, center and southern edge of the site. The site has traffic circulation completely around
the site and existing and proposed structures, for ease of service delivery and emergency
access.
Planned Commercial District regulations establish setbacks and buffers in excess of standard
commercial zoning districts. The existing 134,100 square foot building would exceed all of the
district setback requirements; front - 40' requiredj355' provided, side - 30' requiredj45' & 2.70'
provided, and rear - 40' required/65' provided. As for setback requirements applicable to the
proposed gas and carwash facility, the code sets forth special setback regulations for gas
stations, which would be met with the plan submitted; front - 35' requiredj36' proposed, side -
20' required/555' & 130' proposed, and rear - 20' requiredj220' provided. Buffers are to be
designed in accord with the peripheral 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, except for an approximate 190 foot long segment
along the south side of the building abutting the cemetery property. Since only this small strip
falls short of the PCD requirement, staff will require a denser planting scheme to be
accomplished when the formal site plan is brought forward in the future to approve the gas and
carwash 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 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 plan is
not required as part of the rezoning. The applicant has suggested the possibility of modifying
the site at some point in the future to accommodate a crematorium. When the applicant is
ready to bring forward such a proposal, staff will initiate the necessary site plan review process.
CONCLUSIONS I RECOMMENDATIONS
The request is consistent with the objectives of the City's annexation program and relevant
policies in the Comprehensive Plan. Furthermore, it will benefit the City's economy without
creating additional impacts. on infrastructure that. cannot be accommodated within existing
capacities, and without generating any negative impacts upon adjacent or nearby properties.
Therefore, staff recommends that the subject request be approved.
ATTACHMENTS
S:\Plannrng\SHARED\WP\PROJECl5\Sams Oub PB Memorlal\WAR O!Hl02\STAFF REPORT Sam'sClub-PBMemorial.doc
7
SAM'S CLUB AND NORTHSTAR PROPERTIES EXHIBIT "A"
LOCATION MAP
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\rl
XII. - LEGAL- 2nd Reading
DEVELOPMENT
ITEM A.7
Requested City
Commission Meeting
Dates
Date Final Form Must be
Tumed 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 riI 21, 2009
o 5,2009
o 19,2009
o June 2, 2009
o June 16, 2009
o
o
IZI st 4,2009
0 Announcernents/Presentations 0 City Manal!er's Reoort
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda IZI Legal
0 Code Comoliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this tabled item on the August 4,2009 City Commission agenda under
Legal, Ordinances - Second Reading. The tabling was in connection with the further tabling of the other items in this large-
scale amendment cycle (e.g. Sam's Club and Northstar). Please note that the size of the subject property has been reduced
from:t18.44 acres to :t13.66 acres. The extracted portion is currently the subject ofa 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 :to.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 corner of High Ridge Road and Miner Road
Request to amend the Comprehensive Plan Future Land Use Map classification
on :t13.66 acres ofland from Medium Density Residential to Industrial.
PROGRAM IMP ACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
D~~;~ue~
~~-
City Manager's Signature
Assistant to City Manager
~
.~
- ~
Planning and Zoning 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 amend 8-4-
09.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 09- DC (j
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 NEW URBAN HIGH RIDGE, LLC., AND
8 LOCATED ON THE NORTHWEST CORNER OF HIGH
9 RIDGE ROAD AND MINER ROAD; CHANGING THE
10 LAND USE DESIGNATION FROM MEDIUM DENSITY
11 RESIDENTIAL (MEDR, 9.68 DUlAC) TO INDUSTRIAL;
12 PROVIDING FOR CONFLICTS, SEVERABILITY, AND
13 AN EFFECTIVE DATE.
14
15 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted
16 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
17 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
18 Comprehensive Planning Act; and
19 WHEREAS, the procedure for amendment of a Future Land Use Element of a
20 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
21 WHEREAS, after two (2) public hearings the City Commission acting in its dual
22 capacity as Local Planning Agency and City Commission finds that the amendment
23 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
24 the best interest of the inhabitants of said City to amend the aforesaid Element of the
25 Comprehensive Plan as provided.
26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
27 CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
29 herein by this reference.
S:ICAIOrdinances\Planning-Land UselNew Urban High Ridge(2nd read).doc
.1.
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 comer of High Ridge Road and Miner Road changing the land use designation from Medium
5 Density Residential (MeDR, 9.68 dulac) 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\Ordinances\Plannin~and USe\New Urban High Ridge(2nd read).doc
-2-
I
11 SECOND, FINAL READING and PASSAGE th~ _ day of____ .2009.
2 CITY OF BOYNTON BEACH, FLORIDA
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 ATTEST:
19
20
21 Janet M. Prainito, CMC
22 City Clerk
23
24
2 5 (Corporate Seal)
26
Mayor - Jerry Taylor
Vice Mayor- Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
S:\CA\Ordinances\Planning-Land Use\New Urban High Ridge(2nd read}.doc
- 3 -
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 88009' 31" West, a distance of 475.09 feet;
Thence North 0 1 0 09' 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 Matras /l
Senior Planner 'I 'U
Michael W. Rumpt., J
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 M-1
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 du/ac)
PUD, Planned Unit Development
Industrial (max FAR. of 0.50)
M-1 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-l 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 (PUD). 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 (LOR) 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-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 dwelling units per acre. As per the
2
File Number: LUAR 09-001
New Urban High Ridge
concurrently approved master plan and the site plan approved in September 2005, the project
included 174 for-sale residential units - 48 single family homes and 126 townhomes. In
December 2006, the property owner, New Urban High Ridge LLC, obtained a site plan time
extension of 1 year for the project. At that time, the delay in securing permits was caused by
utility problems and prolonged negotiations with the Palm Beach County regarding the
landscaping within the right-of-way of High Ridge Road - issues unrelated to the state of the
residential market, which, however, softened considerably. The recent analysis of the City's
residential sales indicate that the townhome market reached its peak in 2005, while the single
family home prices peaked in 2006. By the end of 2007, as the market continued to worsen, the
developer requested a major site plan modification. The modification, approved in December
2007, eliminated the townhomes and proposed 110 single-family homes, reducing the total
number of units by 64.
In the first half of 2008, the sales prices in the City were off from their peaks by over 40% for
single-family homes and 27% for townhomes. The number of foreclosures has been rising;
moreover, the tightening of the credit markets escalated in the third quarter 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 twelve months, the project as approved is not financially feasible.
GENERAL POLICY CONSIDERATlONS
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 local economies
in terms of future jobs, availability of services and tax bases has been recognized by the
county's Intergovernmental Plan Amendment Review Committee (IPARC) and documented in
the report produced by the IPARC-hired consultants in 2007. 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 of the City's M-1 zoning district in
2006. Likewise, the study noted the potential negative effects of the continuous overall decline
in the amount of industrial land in Boynton Beach and found 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 and
employment resources". The general recommendation was thatffie City should preserve and
expand industrial land when appropriate in order to enhance economic viability.
PROJECT ANALYSIS
The parcels which are the subject of this land use amendment total 18.44 acres; therefore, the
proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.5.
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 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
polides including but not limited to, a prohibition against any increase in dwelling unit
density exceeding 50 in the hurricane evacuation zone without written approval of the Palm
Beach County Emergency Planning Division and the City's risk manager. The planning
department shall also recommend limitations or requirements, which would have to be
imposed on subsequent development of the property, in order to comply with policies
contained in the comprehensive plan.
The 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)
" 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 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 for
City's services. These arguments need to be weighted against potential land use conflicts with
adjacent residential neighborhoods.
4
File Number: LUAR 09-001
New Urban High Ridge
The proposed amendment runs against the recommendations of the High Ridge Road Corridor
Study, published by Palm Beach County in 1997. The study has not been adopted but it is
intended for local governments as an informational item to be considered at the time of
annexation and lor development approval for any of the reviewed sites. The objectives of the
study include maintaining the predominantly residential character of the area, keeping densities
and housing types in new residential projects consistent with those in existing developments
and Iimiting""access and traffic on High Ridge Road (the subject. property is located in the
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 development
would have constituted a better transition between residential uses to the west, north and
northeast and the industrial uses south and south east of the property. There are clearly
compatibility issues when industrial uses abut residential neighborhoods. Most M-1 districts in
the city are adjacent to and, to some degree, impact residential areas. However, as
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 study
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 property. Mitigation of
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 V2 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 project's
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", the
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) feet in
height comprised of a variety of densely planted trees, hedges and shrubs, in combination with
an optional buffer wall andlor 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
would create an isolated district unrelated to adjacent and nearby districts, or would
constitute a grant of special privilege to an individual property owner as contrasted with the
protection of the public welfare.
The proposed rezoning 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 property have been developed for industrial uses.
5
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 in2007and 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
File Number: LUAR 09-001
New Urban High Ridge
There has been a recent reduction in traffic volume growth rates for most of the roadways
potentially impacted by the proposed amendment. Between 2005 and 2008, the volume on the
High Ridge Road between Hypoluxo Road and Miner Road declined by 9%.
Finally, the trip generation associated with the new amendment may also be lower if some
employees use public transit. The Tri-Rail station is located approximately 112 mile from the
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 density
and intensity of the existing and proposed land use.
Water Demand
Land Use Generation Rate Tata1 GPO
Current: MDR (9.68 dw/acre=178 d.u 452 G'D pe- d.u 80,456
Proposed: Indl.5trial - 401,623 sf 178 De- 1000 sf 71,489
I Change -8,967
Potable Water Facilities
Wate- Plant Capadty* (peak day) 27,000,000
Committe:! capa:ity (a:tual flow + reserved capadty, peak day) I 23,622,289
Remaining capadty I 3,377,711
SFV\.(\1D permitte:! wittdrawals (average day) 21,490,000
Contracte:! amourt to wrchase from County 5,000,000
Expiration date of wata- use permit August 14, 2010
*Includes 5,000,000 contracte:! to purchase fer Palm Bea:h County
Sewer Demand
Land Use I Generation Rate Total GPO
Current: MDR (9.68 dw/acre=178 d.u. 1226 G'D pe- d. u 40,228
Proposed: IndLStrial - 401,623 sf 159 De- 1000 sf 63,858
Change 23,630
S ita Sew F iI.ti
an Iry er acl es
SeVller Treatmalt Capadty I 24 MGD
Committe:! or allocate:! capacity (MGD) I 18.56
Available capGdtv (MCD) I 2.72
Water demand for industrial uses can differ considerably among various uses. The 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 intensity
assumption, the proposed amendment would result in a lower increase in daily water demand,
but increase in sewer demand would be higher. If, as discussed in the Traffic section above, the
square footage is adjusted to a lower and more probable F.A.R., the projected sewer demand
would approximate the demand under the current land use, with an even greater decrease in
7
File Number: LUAR 09-001
New Urban High Ridge
the projected water demand. Under either scenario, 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.
Drainaae
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 "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 a/readya//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 (-4 zoning, which allows marginal commercial uses, are also scarce.
8
File Number: LUAR 09-001
New Urban High Ridge
CONCLUSIONS/RECOMMENDA TIONS
The request is consistent with the relevant policies in the Comprehensive Plan that encourage
rezoning to industrial uses as well as with the "Analysis of the M-1 Zoning District" 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 be
accommodated within existing capacities. Lastly, staff concluded that the potential negative
impacts on the surrounding residential neighborhoods can be minimized through adequate
screening and buffering and the project's design. Therefore, staff recommends that the subject
request be approved.
ATTACHMENTS
S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\LUAR 09.QQ1\STAFF REPORT High Ridge lnd.doc
9
NEW URBAN HIGH RIDGE
LOCATION MAP
EXHIBIT "A"
..
I
I
D
LDR - Low Density Residential
MeDR- Medium Density Residential
I - Industrial
PPGI - Public & Private Governmental/Institutional
DRI - Development of Regional Impact
....1 - City Boundary
N
w4fE
S
.
LEGEND
270 135 0
1""1-......-
270 540 810 1.080
'Feet
NEW URBAN HIGH RIDGE
LOCATION MAP
EXHIBIT "A"
,
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MeDR- Medium Density Residential
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}-.
XII. - LEGAL- 2nd Reading
DEVELOPMENT
CITY OF BOYNTON BEACH ITEM A.S
AGENDA ITEM REQUEST FORtu
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
0 June 16, 2009
0 Jul 7,2009
0 Jul 21,2009 Jul
181 Au ust 4, 2009 Jul
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 181 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this tabled item on the August 4,2009 City Commission agenda under
Legal, Ordinances - Second Reading. The tabling was in connection with the further tabling of the other items in this large-
scale amendment cycle (e.g. Sam's Club and Northstar). 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 rezone from Planned Unit Development (PUD) to M - l, Industrial.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNAT s: ~/A
~~-
Assistant to City Manager
~
Planning and Zoning 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 8-4-
09.doc
~
/'
.,
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 09- C/o
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF NEW URBAN HIGH RIDGE,
6 AMENDING ORDINANCE 02-013 TO REZONE A
7 PARCEL OF LAND LOCATED ON THE
8 NORTHWEST CORNER OF HIGH RIDGE ROAD
9 AND MINER ROAD, AS MORE FULL Y
10 DESCRIBED HEREIN, FROM PLANNED UNIT
11 DEVELOPMENT (PUD) TO M-l INDUSTRIAL
12 DISTRICT; PROVIDING FOR CONFLICTS,
13 SEVERABILITY, 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 City;
1 7 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 Boynton
22 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-1 Industrial District; and
24 WHEREAS, the City Commission conducted a public hearing and heard testimony
25 and received evidence which the Commission finds supports a rezoning for the property
26 hereinafter described; and
27 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
28 an amendment to the Land Use which was contemporaneously considered and approved at
29 the public hearing heretofore referenced; and
30 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
S'\CA\OrdinanceslPlanninglRezoninglRezoning.New Urban High Ridge(2nd read) doc
I!
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 comer of High
7 Ridge Road and Miner Road in Boynton Beach, Florida, as set forth as follows:
8
9 See Legal Description attach<<l as Exhibit "A"
10
11 CONTAINING APPROX. 13.66 ACRES OF LAND.
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 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
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
,2009.
S\CA\Ordinances\Planning\Rezoning\Rezoning-New Urban High Ridge(2nd read).doc
1
SECOND, FINAL READING and PASSAGE this _ day of _
,2009.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1 7 ATTEST:
18
19
20 Janet M. Prainito, CMC
21 City Clerk
22
23
24 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
SICA IOrdinancesIPlanning\Rezoning\Rezoning .New Urban High Ridge(2nd read).doc
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 comer 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 010 50' 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 0 1 0 09' 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 Matras
Senior Planner 'j, j~
Michael W. Rumpf.... CI
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 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 ")
:1:18.44 acres
Medium Density Residential (MeDR, 9.68 dujac)
PUD, Planned Unit Development
Industrial (max F.A.R. of 0.50)
M-1 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 du/acre) 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-l 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 du/acre), 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 (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
2
File Number: LUAR 09-001
New Urban High Ridge
concurrently approved master plan and the site plan approved in September 2005, the project
included 174 for-sale residential units - 48 single family homes and 126 townhomes. In
December 2006, the property owner, New Urban High Ridge LLC, obtained a site plan time
extension of 1 year for the project. At that time, the delay in securing permits was caused by
utility problems and prolonged negotiations with the Palm Beach County regarding the
landscaping within the right-of-way of High Ridge Road - issues unrelated to the state of the
residential market, which, however, softened considerably. The recent analysis of the City's
residential sales indicate that the townhome market reached its peak in 2005, while the single
family home prices peaked in 2006. By the end of 2007, as the market continued to worsen, the
developer requested a major site plan modification. The modification, approved in December
2007, eliminated the townhomes and proposed 110 single-family homes, reducing the total
number of units by 64.
In the first half of 2008, the sales prices in the City were off from their peaks by over 40% for
single-family homes and 27% for townhomes. The number of foreclosures has been rising;
moreover, the tightening of the credit markets escalated in the third quarter 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 twelve months, the project as approved is not financially feasible.
GENERAL POUCY CONSIDERATIONS
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 local economies
in terms of future jobs, availability of services and tax bases has been recognized by the
county's Intergovernmental Plan Amendment Review Committee (IPARC) and documented in
the report produced by the IPARC-hired consultants in 2007. 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 of the City's M-l zoning district in
2006. Likewise, the study noted the potential negative effects of the continuous overall decline
in the amount of industrial land in Boynton Beach and found 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 and
employment resources". The general recommendation was that the City should preserve and
expand industrial land when appropriate in order to enhance economic viability.
PROJECT ANALYSIS
The parcels which are the subject of this land use amendment total 18.44 acres; therefore, the
proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.5.
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 Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive plan
policies including but not limited to, a prohibition against any increase in dwelling unit
density exceeding 50 in the hurricane evacuation zone without written approval of the Palm
Beach County Emergency Planning Division and the City's risk manager. The planning
department shall also recommend limitations or requirements, which would have to be
imposed on subsequent development of the property, in order to comply with policies
contained in the comprehensive plan.
The 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 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 for
City's services. These arguments need to be weighted against potential land use conflicts with
adjacent residential neighborhoods.
4
File Number: LUAR 09-001
New Urban High Ridge
The proposed amendment runs against the recommendations of the High Ridge Road Corridor
Study, published by Palm Beach County in 1997. The study has not been adopted but it is
intended for local governments as an informational item to be considered at the time of
annexation and lor development approval for any of the reviewed sites. The objectives of the
study include maintaining the predominantly residential character of the area, keeping densities
and housing types in new residential projects consistent with those in existing developments
and limiting access and traffic on High Ridge Road (the subject property is located in the
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 development
would have constituted a better transition between residential uses to the west, north and
northeast and the industrial uses south and south east of the property. There are clearly
compatibility issues when industrial uses abut residential neighborhoods. Most M-l districts in
the city are adjacent to and, to some degree, impact residential areas. However, as
underscored in the aforementioned M-l study, light industrial and residential uses can coexist
with proper regulations in place. The intended code amendments will implement the study
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 property. Mitigation of
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 '12 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 project's
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", the
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) feet in
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
would create an isolated district unrelated to adjacent and nearby districts, or would
constitute a grant of special privilege to an individual property owner as contrasted with the
protection of the public welfare.
The proposed rezoning 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 property have been developed for industrial uses.
5
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
File Number: LUAR 09-001
New Urban High Ridge
There has been a recent reduction in traffic volume growth rates for most of the roadways
potentially impacted by the proposed amendment. Between 2005 and 2008, the volume on the
High Ridge Road between Hypoluxo Road and Miner Road declined by 9%.
Finally, the trip generation associated with the new amendment may also be lower if some
employees use public transit. The Tri-Rail station is located approximately 112 mile from the
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 density
and intensity of the existing and proposed land use.
Water Demand
Land Use Generation Rate Total GPO
Current: rvDR (9.68 dwjacre=178 d.u 452 CPD per d.u 80,456
ProPosed: Ind15trial - 401,623 sf 178 De- 1000 sf 71,489
Change -8,967
Potable Water Faclities
Wate- Plant Capadty* (p53k day) 27/000,000
Committe:J capecity (actual flow + reserved capacity, peak day) 23,622,289
Remaining capadty 3,377,711
SFWV1D permitte:J with:lrawals (average day) I 21,490,000
Contracte:J arrourt to I1Irchase from County 5,000,000
Expiration date of wate- use permit August 14, 2010
*Indudes 5,000,000 contracte:J to purchase fa- Palm Beech County
Sewer Demand
Land Use I Generation Rate Total GPO
Current: M:>R (9.68 dwjacre=178 d.u. i 226 CPD per d.u 40,228
ProPosed: Ind15trial - 401,623 sf -1159 De- 1000 sf 63,858
I Cha nge 23,630
Sanita Sewer Facilities
Sewer Treatmer1t Capacity
Committe:J or allocate:J capadty (IVGD)
Available ca a:i MCD
24 IVGD
18.56
2.72
Water demand for industrial uses can differ considerably among various uses. The 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 intensity
assumption, the proposed amendment would result in a lower increase in daily water demand,
but increase in sewer demand would be higher. If, as discussed in the Traffic section above, the
square footage is adjusted to a lower and more probable F.A.R., the projected sewer demand
would approximate the demand under the current land use, with an even greater decrease in
7
File Number: LUAR 09-001
New Urban High Ridge
the projected water demand. Under either scenario, 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 lO-yearplanning 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 "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-1 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-1, but
the areas with C-4 zoning, which allows marginal commercial uses, are also scarce.
8
File Number: LUAR 09-001
New Urban High Ridge
CONCLUSIONSI RECOMMENDATIONS
The request is consistent with the relevant policies in the Comprehensive Plan that encourage
rezoning to industrial uses as well as with the "Analysis of the M-1 Zoning District" 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 be
accommodated within existing capacities. Lastly, staff concluded that the potential negative
impacts on the surrounding residential neighborhoods can be minimized through adequate
screening and buffering and the project's design. Therefore, staff recommends that the subject
request be approved.
ATIACHMENTS
S:\Planning\SHARED\Wp\PROJECTS\High Ridge- New Urban Communlbes\lUAR D9.DDl\STAFF REPORT High Ridge Ind.doc
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NEW URBAN HIGH RIDGE
LOCATION MAP
EXHIBIT "A"
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PPGI - Public & Private Governmental/Institutional
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XII. - LEGAL- 2nd Reading
DEVELOPMENT
ITEM A.9
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City
Commission Meeting Turned in to City Clerk's Commission Meeting Dates
Dates Office
0 A ril 21,2009 0 June 16, 2009
0 5,2009 0 Jul 7,2009
0 19,2009 0 Jul 21,2009
0 June 2, 2009 ~ Au ust 4, 2009
Date Final Form Must be
Tumed in to City Clerk's
Office
Jul
Jul
0 AnnouncementslPresentations 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: Please place this tabled item on the August 4,2009 City Connnission agenda under Legal
- Resolutions. The City Connnission tabled this item in connection with the tabling of the corresponding items for annexation,
land use amendment and rezoning. 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 Connnission, 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
21 st 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 Connnission for transmittal to the DCA
on January 20,2009, and fmal adoption is now scheduled for August 4th. 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 fayade 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". Please note that agreement has
been modified since the June 16th meeting. The changes are summarized as follows: the "effective date" text references the
corresponding ordinances with which this item is being processed; an acknowledgment of the compatibility of the existing use
of the property with the City's land use map and zoning regulations; the omitting of text that states the current compliant
status of all existing improvements on the property; and the omitting of text within Section #9 regarding interim permit review
and inspections.
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.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES:
Not approved the resolution which is a prerequisite to the annexation of the subject property.
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Ass~ant to City Manager ~
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S:\Planning\SHARED\WP\PROJECTS\Sams Club PB Memonal\ANEX 09-001 \Agenda Item Request 8-4-09-Anx Agree Sam's Club.doc
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S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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VI-CONSENT AGENDA
ITEM J.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requcsted City Commission Date Final Fom Must be Turned Requested City Commission Date Final Fom Mus! be 'Turned
Meetine Dates in to CiIV Clcrk's Office Meetine Dates in to C iIV Clerk' s Office
0 August 19,2008 August 4, 200E (Noon) \gJ October 21. 200E October 6,2008 (Noon)
0 September 2. 2008 August 1 E. 2008 (Noon) 0 November 5, 2008 OctDbcr 20, 2008 (Noon)
0 Septcmber 16. 2008 Scptembcr 2. 2008 (Noon) 0 November 18,2008 November 3, 2008 (Noon)
0 OCIO bcr 7. 2008 Scptcmber 15,2008 (Noon) 0 December 2, 2008 November 17,2008 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code ComplillDc:e & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: 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 ofSeacrest 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 of the 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.
5taffmet 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 of the 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 BI's Wholesale Club.
~
PROGRAM IMP ACT: The annexation ofpalrn Beach Memorial Park will allow the City to also annex the commercial
property at the SW comer of Hypo lux 0 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 until20J O.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
ATTACHMENT B
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM E
AGENDA ITEM REQUEST FORNI
\ Requested City I Date Final Form Must be I I Requested en)' Date Final Form Must be I
Commission Meetin!! Turned in to Citv Clerk's Commission Meetin!! Dates I Turned in to Citv Clerk's I
I Dates Office Office I
!XlI Aoril 21. 2009 I I 1
April 6. 2009 (Noon) 10 June 16, 2009 I June 1. 2009 (Noon)
I I I
r 11 Mav 5,2009 Ami I 20, 2009 (Noon) I[J Julv 7,2009 I June 15. 2009 (Noon)
I I
I [JI Mav 19.2009 Mav 4,2009 (Noon) o I July 21. 2009 I July 6. 2009 (Noon) i
I I I I
I [J I June 2, 2009 May 18. 2009 (Noon) [J August 4,2009 I July 20. 2009 (Noon)
0 AnnouncernentsIPrescntations ~ Citv Manager's Repon
NATURE OF 0 I Administrative n New Business
AGENDA ITEM 0 Consent Agenda n Legal
[] I Code Compliance & Le~al Settlements [J Unfinished Business
I I 0 I Public Hearing 10 I
RECOMMENDATION: Please place this request on the April 21, 2009 City Commission Agenda under City
Manager's Repon. This item is a Status Report on the Voluntary Annexation of the Palm Beach Memorial Park and Sam's
Club properties.
EXPLANATION: The Palm Beach Memorial Park/Sam's Qub land use am..'"D.dment 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
(vvritten confirmation 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 infonnation item presented to the CoIIIInission 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. This includes an access road for Sam's Club but
which 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 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 would document the
city's plan to annex this "pocket". STATUS: The ILA has 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 respoIlSlbility (for the pocket and adjacent Hypcluxo 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 3DDe::::ation - Recall that representatives for the properties both have conditions of annexation to
eIb-ure the successful implementation of their respective business plans and/or to avoid uncenainty 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 hookups, and the plllIl1'led addition of accessory fuel sales to
the Sam's Club operation. SOLUTION: Annexation agreCD1ents will be considered for execution concurrent with adoption of
the anm:xation ordinance. An agreement with the respective property o-wners will achieve the necessary recognition,
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
A I I A.t.jHNH:: 1\1 I Iv
SAM'S CLUB AND NORTHSTAR PROPERTI'ES
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1 RESOLUTION NO. R09-085
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., A DELA WARE
8 CORPORA TION, REGARDING ANNEXATION OF W AL-
9 MART STORES ("SAM'S CLUB") PROPERTY INTO THE
10 CITY BOUNDARY.
11
12
13 WHEREAS, W AL-MART STORES, INC. is the fee simple owner of certain real
14 property located in unincorporated Palm Beach County, Florida ("County") which is located
15 at 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
19 171.044(2), Florida Statutes ("Almexation"); and
20 WHEREAS, Owner has previously constructed certain improvements for
21 commercial, 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
27 the City of Boynton Beach to approve the Annexation Agreement between the City of
28 Boynton Beach and W AL-MART STORES, INe..
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
9
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14
15
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29
1
Section 1.
Each Whereas clause set forth above IS true and correct and
2 incorporated herein by this reference.
3
Section 2.
The City Commission of the City of Boynton Beach, Florida does
4 hereby approve and authorize the Mayor the execute the Annexation Agreement between the
5 City of Boynton Beach and W AL-MART STORES INC. to document their understanding
6 and agreement with respect to annexation and subsequent improvement of the Property; a
7 copy of said Annexation Agreement is attached hereto as Exhibit "A".
8
Section 3.
That this resolution becomes effective immediately upon passage.
+h
PASSED AND ADOPTED this L- day of July, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor, Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
ATTEST:
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
ANNEXATION AGREEMENT
THIS ANNEXA nON 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
("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 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 hereo f 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 V oluntarv Annexation. This Agreement shall be incorporated into the
Application for Voluntary Annexation ("Annexation Application"), which was previously submitted
to the City, subject to the terms and conditions ofthis 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 City
Ordinances 09-026, 09-027, 09-003, 09-004,09-005, 09-006, 09-007, 09-008 the Annexation
Application and upon the date the last ofthe 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). City acknowledges that the existing use of the
Property is compatible with and permitted by the proposed land use and zoning
categories; and
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 any
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 ofthe 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 ofthat 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.
1 O. 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 of the 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-Martmay, 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 of the 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 water 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. Necessitv 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
restrictions.
,.
17. Default. Ifthe City shall default in any ofthe terms, covenants andlor provisions of this
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 andlor in equity,
including, without limitation, the right to specific performance. If Owner shall default in any of the
terms, covenants andlor provisions of this 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 andlor 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 of the 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 ofthis 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 PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the parties hereto have executed this Annexation Agreement as of
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
COUNTY OF
)
) SS:
)
STATE 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 W AL-
MART STORES, INC., 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 Mayor
APPROVED AS TO FORM:
By:
City Attorney
CITY
CITY OF BOYNTON BEACH
By:
day of
,2009.
Exhibit "A"
[Legal Description]
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EXHIBIT A
PARCEL 1
~ANO SURVEYING · CIVIL ENGINEERING · LAND PLANr~!NG
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 87"30'46" 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 OR 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 PK 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 North Moreland
ClpvAland. Ohio
Boulevard
44120
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Phone 216.491.2000 . Fax 216.491.9640
Internet. www.rlverstonesurvev com
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LAND SURVEYING · CIVIL ENGINEERING · LAND PLANNING
THENCE SOUTH 02029' 14" WEST ALONG THE EASTERLY LINE OF LAND SO CONVEYED TO WAL-
MART STORES, INC, (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 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.
AII5/8"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;
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2618 North Moreland
Cleveland, Ohio
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Phone 216-491-2000 - Fax 216-491-9640
Internet - www.riverstonesurvey.com
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EXHIBIT A
PARCEL 5
~AND SURVEYING · CIVIL ENGINEERING · LAND PLANNING
LEGAL DESCRIPTION
OF
VACANT LAND . PARCELS
PARCELCONTROLNUMBERO~4345~9~3~0~0050
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 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, 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 ar30'46" 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 O.R. 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 87030'46" 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
2618 North Moreland
r.~p,veiand, Ohio
Boulevard
4 4 1 2 0
.
Phone 216.491.2000 . Fax 216.491,9640
Internet. www.riverstonesurvey.com
Exhibit "B"
[Master Plan]
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REVISIONS ARE SHOWN
FOR INFORMATION ONLY
ANNEXATION AGREEMENT
THIS ANNEXA nON 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
("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 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 Authoritv. This Agreement is entered into under the authority of the Florida
Constitution (including Article vm, 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 .!1 sea., 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 Voluntary Annexation ("Annexation Application"), which was previously submitted
to the City, subject to the terms and conditions of this Agreement.
S, 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 ofCitv
Ordinances 09-026. 09-027. 09-003, 09-004,09-005, 09-006. 09-007. 09-008 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 Commercial High with a maximum S 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.):."(:'ityack"nov,rl~dge~th.atthe" ~xisting."llse of'the
Property is compatible with and pelmitted by the proposed land use and zoning
cate12ories; and
8. friorc:;ollntyA(;tion: City agrees that COIlsi.steIltv,rith SectioIl171.062," FloridaStatutes.\ ..' .
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 any
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 ofthe City in facilitating the expeditious development review process does not constitute
an agreement to approve:
(a) Site plans
(b) Variances or waivers
Deleted: );
. i Deleted: <#>Owner represents that all
! existing uses and improvements currently
i located on the Property are in
! confonnance with all applicable zoning, i
i land development and building regulations I"
I ofPahn Beach County and the City has
i accepted and relied on those i
i representations. ~
,: ~
t~~:~!:,I!~~~Il(j.~~~~~~~~ l
(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.
1 O. .flltllre [)eve.l()PlIlellt. ..Gity aCla1().\yle4ge~ .~l1~t g~e.~ ..i.ll.teIlds. .to se.e.l< futl1:re...llPpr<>'Ylll~" . .
from the City for development of a fuel service center and to remodel portions of the 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 orimplied, 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 W aI-Mart' s sole and absolute discretion and at any time, cease the operation of its
business on the Property.
13. Property Taxes. City acknowledges that upon annexation of the 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 water and sewer
systems and paid City connection costs associated therewith.
15. Recording. This Agreement shall be recorded in the public records of Palm Beach
Deleted: The City shall treat the
Property as if it was inside City
boundaries for pwposes of all pennitting,
inspections, and approvals for futurerimprovements proposed upon the Property
and shall review all applications in as
, expeditious a manner as possible. 'I
\ ~
"r";;"atted: Bullets and Nu-mbering
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
restrictions.
17. Default. If the City shall default in any of the terms, covenants andlorprovisions of this
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 andlor in equity,
including, without limitation, the right to specific performance. If Owner shall default in any ofthe
terms, covenants andlor provisions of this 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, 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 of the State of Florid a, 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 PAGE INTENTIONALLY LEFT BLANK)
IN WITNESS WHEREOF, the parties hereto have executed this Annexation Agreement as of
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
COUNTY OF
)
) SS:
)
STATE 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 W AL-
MART STORES, INC., 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:
A TIEST:
City Clerk Mayor
APPROVED AS TO FORM:
By:
City Attorney
CITY
CITY OF BOYNTON BEACH
By:
_ day of
,2009.
Exhibit "A"
[Legal Description]
Exhibit "B"
[Conceptual Buffer Plan]
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL- 2nd Reading
DEVELOPMENT
ITEM A.l0
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 June 16,2009
5,2009
0 19,2009 Jul
0 June 2, 2009 181 st 4, 2009 Jul
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 181 Legal
0 Code Compliance & Lel!'al Settlements 0 Unfinished Business
0 Public Hearinl!' 0
RECOMMENDATION: Please place this tabled item on the August 4, 2009 City Commission agenda under
Legal, Ordinances - Second Reading. The City Commission tabled this item on July 21 st, thereby allowing further time for
outstanding issues between property owners to be resolved. F or 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
WaImart Stores #8140
West of North Seacrest Boulevard, South of Hypoluxo Road
Request for annexation
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~
Planning and Zo
S :\Planning\SHARED\ WP\PROJE
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 15.78+/- ACRES
5 OF LAND THAT IS CONTIGUOUS TO THE CITY
6 LIMITS WITHIN PALM BEACH COUNTY AND
7 THAT WILL, UPON ANNEXATION, CONSTITUTE
8 A REASONABLY COMPACT ADDITION TO THE
9 CITY BOUNDARIES; PROVIDING THAT THE
10 PROPER LAND USE DESIGNATION AND
11 PROPER ZONING OF THE PROPERTY SHALL BE
12 REFLECTED IN SEPARATE ORDINANCES TO BE
13 PASSED SIMULTANEOUSLY HEREWITH;
14 PROVIDING FOR CONFLICTS, SEVERABILITY,
15 AND AN EFFECTIVE DATE; PROVIDING THAT
16 THIS ORDINANCE SHALL BE FILED WITH THE
1 7 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, Walmart Stores #8140, owner, by and through its agents, Bonnie
23 Miskel and Scott Backman, of the property more particularly described hereinafter, have
24 heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of
25 Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a certain tract of
26 land consisting of approximately 15.78+/- acres; and
27 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the
28 following tract of land as hereinafter described, in accordance with Article I, Section 7 (32)
29 of the Charter ofthe City and Section 171.044, and 171.062(2), Florida Statutes; and
3 0 WHEREAS, said tract of land lying and being within Palm Beach County IS
31 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 boundary.
S:\CA\Ordinances\PlanningAnnexationMnnexation- Sams Club,doc
1
1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
3
Section 1.
That each and every Whereas clause is true and correct.
4
Section 2.
Pursuant to Article I, Section 7 (32) of the Charter of the City of
5 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described
6 unincorporated and contiguous tract of land situated and lying and being in the County of
7 Palm Beach, Florida, to wit:
8 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.
Section 4:
That by Ordinances adopted simultaneously herewith, the proper City
19
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
2 6 the remainder of this Ordinance.
S:\CA\OrdinanceSIPlanning\AnnexationMnnexation. Sams Club. doc
2
1
Section 7:
This Ordinance shall not be passed until the same has been advenised
2 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton
3 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes.
Section 8.
This ordinance shall become effective immediately upon passage,
4
5
Section 9.
This ordinance, after adoption, shall be filed with the Clerk of the
6 Circuit Court of Palm Beach County, Florida.
7
FIRST READING this ~ day of JC4)u.a..r-j , 2009.
SECOND, FINAL READING and PASSAGE this ~ day of _
,2009.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
2 6 ATTEST:
27
28
29
30 Janet M. Prainito, CMC
31 City Clerk
32
33
34 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
S :\CA \Ordinances\PlanningAnnexationMnnexation 0 Sams Club .doc
3
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, I 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 A T A BRASS DISK FOUND A T 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
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 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 (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 HIGHWA Y 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;
- 11/111
e x,/,J 1/3 I I /I
THENCE NORTH 07025' 24" EAST ALONG THE EASTERLY RJGHT-OF-W A Y OF
INTERSTA TE HIGHWAY NUMBER 95 (I-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 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 Y2" 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 ~t2" 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
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 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, I 6 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-W A Y 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 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 (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 RIVERS TONE 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 SEA CREST 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,]9 East: 4943,64
Line Course: S 02-29-] 4 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 0]-0]-59 E Length: ]80.00
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: ]52,37
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 11-3]-09 W Length: 60.75
North: 5196.69 East: 4803.47
Line Course: S 02-29-14 W Length: ]42.00
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: 4755.9] 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
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.00 Course: S 19-24-21 W
Error North: -0,003 East: -0.001
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 lf4) 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 ofthe 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 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 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. I) (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. I) 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 Wal-Mart Stores,
Inc. (Parcel No. I), 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).
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DIVISION
MEMORANDUM NO. PZ 08 - 104
Chair and Members
Planning and Development Board
Hanna Matras IJ
Senior Planner ~ .\ L;..
Michael W, Rum~f ~~I .
Director of Planning and Zoning
December 1, 2008
Sam's Club/NorthStar/ANNEX 09-00l-LUAR 09-002
To annex the two properties, and to amend the Future Land Use
designation on 41.69 acres from Palm Beach County's
Commercial High with a maximum 5 dwelling units per acre
(CH/5) and Institutional and Public Facilities (INST) to Local
Retail Commercial (LRC), and rezone from Palm Beach County's
Commercial General (CG) and Residential Multifamily (RM) to
Planned Commercial Development (PCD) and C-3 Community
Commercial.
Property Owners:
Applicant/Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Walmart Stores #8140 and NorthStar Cemetery Services of FL,
LLC
Bonnie Miskel and Scott Backman
7233 Sea crest Boulevard/3691 Seacrest Boulevard (Exhibit "A")
15,80/25,89 acres, a total of 41.69 acres
Sam's Club: Palm Beach County's Commercial High with a
maximum 5 dwelling units per acre (CH/5)
NorthStar: Institutional and Public Facilities (INST)
Sam's Club: Palm Beach County's Commercial General (CG)
NorthStar: Residential Multifamily (RM)
Local Retail Commercial (both properties)
Sam's Club: Planned Commercial Development (PCD)
NorthStar: C-3 Community Commercial
No changes to current uses
File Number: LUAR 09-002-ANEX 09-001
Sam's ClubjNorthStar
Adjacent Uses:
North:
South:
Developed commercial properties in unincorporated Palm
Beach County, designated CHjS and zoned CG, Farther north
right-of-way of Hypoluxo Road,
Undeveloped parcel designated High Density Residential
(HDR) and zoned Multi-Family Residential (R-3), then
townhomes (Pine Point Villas Cancio} classified High Density
Residential (HDR) and zoned Multi-family Residential (R-3).
East:
Right-of-way of Seacrest Boulevard, farther east single-:family
homes (San Castle subdivision) in unincorporated Palm Beach
County, designated Medium Density Residential (MR-5) and
zoned Residential Multifamily (RM); to the northeast,
developed and vacant commercial properties in Lantana,
designated and zoned C1-Commercial.
West:
Right-of-way of Interstate 1-95.
EXECUllVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning for
the following reasons:
1. The request is consistent with the annexation and other relevant objectives and policies
of the City's Comprehensive Plan,
2. The proposed amendment will benefit the City by contributing to the diversification of its
economy and its tax base,
3, The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities, or generate any negative impacts
upon adjacent or nearby properties.
PROJECT A.NAl YSIS
The two properties which are the subject of this land 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 Department of Community Affairs 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.
2
File Number: LUAR 09-002-ANEX 09-001
Sam's C1ubjNorthStar
This proposed amendment is being reviewed for transmittal to the Florida Department of
Community Affairs (DCA), After transmittal and DCA review, the proposed amendment will be
scheduled for adoption, tentatively in May 2009.
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
property, in order to comply with policies contained in the comprehensive plan.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation, The request is consistent with the City's annexation program as
described in the following objective and policies in the Comprehensive Plan:
Objective 1.15
Policy1.15.1
Policy 1.15.2
Policy 1.15.3
The City will continue to expand through annexation of enclaves,
pockets and other contiguous properties.
The City shall continue to promote the orderly annexation of lands
consistent with Chapter 171, Rorida Statutes, and the Palm Beach County
Annexation Policy.
The City shall utilize four methods of annexation:
1. Voluntary annexation;
2, Annexation by interlocal agreement with Palm Beach County;
3. Compliance with pre-annexation water service agreements from the
City; and
4. Referendum.
The City shall require every property being annexed into the City to
concurrently apply for land use amendment and rezoning to the Citys
adopted land use classification and zoning district. "
The request is also consistent with Objective 1.17:
Objective 1.17
The City shall pursue economic development opportunities to
support a competitive and diversified economy.
Sam's Club will contribute to the diversification of the City's economy and the City's fiscal
profile, now overly dependent on the residential sector for its tax revenues.
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protecaon of the public welfare.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The uses of both properties have been long established under the
3
File Number: LUAR 09-002~ANEX 09-001
Sam's ClubjNorthStar
Palm Beach County's land use and zoning designations. No changes in use are planned for
either property,
c. Whether changed or changing conditions make the proposed rezoning desirable,
The proposed amendment is requested in conjunction with an application for annexation, The
existing Palm Beach County land use designation and zoning must be changed to the city land
use designation and zoning district,
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
As stated, the proposed land use amendment does not entail changes to current use of the
subject properties, The addition of an accessory fuelling facility is currently planned for the
Sam's Club (see the Master Plan review in the last section of this report); a carwash may be
added later, The NorthStar Cemetery Services is planning to add a crematorium sometime in the
future. Both planned additions represent minimal impact upon municipal services as described
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 trip 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 impact 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 by the County for
consistency with the Pal Beach County Traffic Performance Standards ordinance.
Potable Water 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 overall water demand and, since
Sam's Club carwash facilities utilize recycled water, a carwash facility would also have a
negligible impact.
Upon annexation, the Oty will provide water to the NorthStar cemetery, but due to the need for,
and the cost of, the extensive on-site improvements, NorthStar's connection to the City's sewer
system will be postponed, Moreover, the facility will continue to use well water for irrigation
purposes.
WatB" Demand
Land Use Gereration Rate Units Total GDP
Existing! Proposed Offi~ Crematcrim 25 GPD per emplo{ee 16 400
Olurch 5 GPD per seat 120 600
1,000
4
File Number: LUAR 09-002-ANEX 09-001
Sam's ClubjNorthStar
The future addition of a crematorium will have a marginal impact, accounted for in the above
table. The generation rates for office and church uses are applied in demand calculations for the
existing funeral home and chapel buildings.
Potable Water Facilities
Water Plant Capacity* (peak day) 27,000,000
Committed capacity (actual flow + reserved capacity, peak day 23,622,289
Remaining capacity 3,377,711
SFWMD permitted withdrawals (average day) 21,490,000
Contracted amount to purchase from County 5,000,000
Expiration date of water use permit August 14, 2010
, *lncludes 5,000,000 contracted to purchase for Palm Beach County
As shown, the projected increase in water demand is insignificant as compared 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
Land Use Generation Rate Units Total GDP
Existing/Proposed Office/Crematorim 25 GPD per employee 16 400
Church 5 GPD per seat 120 600
1,000
Sanitary Sewer Fadlities
Sewer Treatment Capacity 24 MGD
Committed or allocated capacity (MGD) 18.56
Available capacity (MGD) 2.72
Solid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the lO-year planning period,
Drainaae
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 adjacentoand nearby properties/ or would affect the property values of
adjacent or nearby properties,
The use of the subject properties will not change; the proposed rezoning will be compatible
with adjacent and nearby properties, The proposed land use and zoning for the Sam's Club
property is similar to the current County land use and zoning designations, The Local Retail
Commercial land use classification is proposed for both the Sam's Club and the NorthStar
property. Both properties would also have commercial zoning designations, with a PCD zoning
requested for Sam's Club and (-3 zoning for NorthStar. The NorthStar cemetery, which is a
commercial enterprise, constitutes an appropriate transitional use between the high intensity
commercial Sam's Club to the north and residential uses to the south. Given the unfeasibility of
5
Rle Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
redevelopment of a large existing cemetery, a proposed commercial zoning has a negligible
potential for negative impact on nearby residenti al properties in the future,
The proposed commercial land use and zoning designation for the NorthStar cemetery will
accommodate the plan to subsequently add a crematorium. It also reflects a commercial, rather
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 cemetery property, pursuant to Florida
Statutes and the 2001 settlement agreement between the City and two advertising
corporations, The settlement allows for the placement of a set number of billboards at various
locations along the 1-95 right-of-way, subject to, in part, a residential separation standard and
all applicable siting standards of Florida Statutes. The subject property would allow for the
citing of one of the two remaining billboards allowed under the agreement, with minimal
impacts on residential and other land uses.
The requested C-3 zoning for the NorthStar property 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 funeral home as a
permitted use and funeral home with a crematorium as a conditional use. The amendment
would establish a cemetery in eenjunction with a funeral home as a permitted use in the (-3
zoning district,
f, Whether the property is physically and economically developable under the existing
zoning.
The proposed reclaSSification/rezoning involves developed properties and is a necessary action
in conjunction with an annexation,
g. Whether the proposed rezoning is or a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning 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 allowed.
The proposed amendment is requested for the already developed properties and in conjunction
with an application for annexation. No use changes are planned for either property.
MASTER PLAN ANALYSIS FOR SAM'S CLUB
When requesting to rezone property to a planned district, such as Planned Commercial
Development (PCD), the applicant is required to submit a Master Plan depicting the location of
.site improvements, proposed traffic patterns and site data. Since the existing Sam's Club is
requesting PCD zoning, the applicant has submitted the requisite master plan, The master plan
depicts the existing one-story, 134,100 square foot Sam's Club building situated in the
southwest corner of the property, as well as a proposed Sam's membership gas station and
calWash facility in the northeast comer of the property.
6
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
The plan depict...s parking on all sides of the property, with the largest parking fields to the east
and north of the existing Sam's structure, With the inclusion of the gas and carwash facility, the
site proposes 683 parking spaces, four (4) spaces in excess of the required 679. Access to the
property would be through four (4) existing driveways, one (1) from Hypoluxo Road, just east
of Seacrest Boulevard, and three (3) existing drives off of Sea crest Boulevard, at the northern
edge, center and southern edge of the site, The site has traffic circulation completely around
the site and existing and proposed structures, for ease of service delivery and emergency
access.
Planned Commercial District regulations establish setbacks and buffers in excess of standard
commercial zoning districts. The existing 134,100 square foot building would exceed all of the
district setback requirements; front - 40' required/355' provided, side - 30' required/45' & 270'
provided, and rear - 40' required/65' provided, As for setback requirements applicable to the
proposed gas and carwash facility, the code sets forth special setback regulations for gas
stations, which would be met with the plan submitted; front - 35' required/36' proposed, side -
20' required/555' & 130' proposed, and rear - 20' required/220' provided. Buffers are to be
designed in accord with the peripheral 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, except for an approximate 190 foot long segment
along the south side of the building abutting the cemetery property, Since only this small strip
falls short of the PCD requirement, staff will require a denser planting scheme to be
accomplished when the formal site plan is brought forward in the future to approve the gas and
carwash 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 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 plan is
not required as part of the rezoning. The applicant has suggested the possibility of modifying
the site at some point in the future to accommodate a crematorium, When the applicant is
ready to bring forward such a proposal, staff will initiate the necessary site plan review process.
CONCLUSIONS! RECOMMENDATIONS
The request is consistent with the objectives of the City's annexation program and relevant
policies in the Comprehensive Plan. Furthermore, it will benefit the City's economy without
creating additional impacts on infrastructure that cannot be accommodated within existing
capacities, and without generating any negative impacts upon adjacent or nearby properties.
Therefore, staff recommends that the subject request be approved,
ATTACHMENTS
S:\Planning\SHARED\WP\PROJECTS\Sams Dub PB Memorial\LUAR D9-DD2\STAFF REPORT Sam'sOub-PBMemorial.doc
7
SAM'S CLUB AND NORTHSTAR PROPERTIES EXHIBIT "A"
LOCATION MAP
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XII. - LEGAL- 2nd Reading
DEVELOPMENT
ITEM A.11
"'I' _._
(
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 Citv Clerk's
Dates Office Office
0 A ril21, 2009 0 June 16, 2009
0 5,2009 0 Jul
0 19,2009 0 Jul Jul
0 June 2, 2009 181 Au st 4, 2009 Jul
0 AnnouncernentslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 181 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearin,l!; 0
RECOMMENDATION: Please place this tabled item on the August 4, 2009 City Commission agenda under
Legal, Ordinances - Second Reading. The City Commission tabled this item on July 21 st, thereby allowing further time for
outstanding issues between property owners to be resolved. For further details pertaining to this request, see attached
Department Memorandum No. 08-104.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Sam's Club (LUAR 09-002)
Bonnie Miskel and Scott Backman
Walmart Stores #8140
West of North Seacrest Boulevard, South ofHypoluxo Road
Request to amend the Comprehensive Plan Future Land Use Map classification
from Commercial High (CH / 5) to Local Retail Commercial (LRC).
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
/'7
24/
(/fm/
Planning and Zo' Director Ci
S:\Planning\SHARED\WP\PROJEC S\Sarns Club PH Memorial\LUAR 09-002\Agenda Item Request Sa
ttomey / Finance
Club Amend LUAR 09-001 8-4-09,doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 09-['05
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/S)(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 aIld incorporated
30 herein by this reference.
S:\CA\OrdinanceS\Plannjn~and Use\Sams Club. doc
o I -
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 (CHl5) (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(JJ"'f--' 2009.
S:\CA\Ordinance!lJ>lanning.Land UsaSams Club,doc
- 2 -
1
SECOND, FINAL READING and PASSAGE this ._ day of ~..
,2009,
2
CITY OF BOYNTON BEACH, FLORIDA
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 ATTEST:
19
20
21 Janet M. Prainito, CMC
22 City Clerk
23
24
25 (Corporate Seal)
26
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
S:\CA\Ordinances\Planning\Land Use\Sams Club. doc
- 3 -
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-CRESTCENTER, 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 A T A BRASS DISK FOUND A T THE INTERSECTION OF THE
CENTERLINES OF HYPOLUXO ROAD (WIDTH VARIES) 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 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
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 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 (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 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;
\ \ If
t..XN/ I~ I T /l
THENCE NORTH 07025' 24" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTA TE 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 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 v," 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 '12" IRON PIN FOUND (0,]2
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 O.R, 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 (0,0 I FEET SOUTH AND 0.] 6 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-W A Y 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 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 W AL-MAR T 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 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, 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, 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 RIVERS TONE 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;
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 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 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 ofland 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 of260.00 feet to a P.K. nail set;
Thence South 870 30' 46" East along a Southerly line of land so conveyed to Wal-Mart Stores,
Inc. (Parcel No. I), 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).
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DMSION
MEMORANDUM NO. PZ 08 - 104
Chair and Members
Planning and Development Board
Hanna Matras . /J
Senior Planner ('\ .\ l!
Michael W, RumPfW,
Director of Planning and Zoning
December 11 2008
Sam/s Club/NorthStar/ANNEX 09-001-LUAR 09-002
To annex the two propertiesl and to amend the Future Land Use
designation on 41.69 acres from Palm Beach County's
Commercial High with a maximum 5 dwelling units per acre
(CH/5) and Institutional and Public Facilities (INST) to Local
Retail Commercial (LRC)I and rezone from Palm Beach County's
Commercial General (CG) and Residential Multifamily (RM) to
Planned Commercial Development (PCD) and C-3 Community
Commercial.
Property Owners:
Applicant! Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Walmart Stores #8140 and NorthStar Cemetery Services of FL,
LLC
Bonnie Miskel and Scott Backman
7233 Seacrest Boulevard/3691 Sea crest Boulevard (Exhibit "A")
15,80/25.89 acres, a total of 41.69 acres
Sam's Club: Palm Beach County's Commercial High with a
maximum 5 dwelling units per acre (CHIS)
NorthStar: Institutional and Public Facilities (INST)
Sam's Club: Palm Beach County's Commercial General (CG)
NorthStar: Residential Multifamily (RM)
Local Retail Commercial (both properties)
Sam's Club: Planned Commercial Development (PCD)
NorthStar: C-3 Community Commercial
No changes to current uses
File Number: LUAR 09-002-ANEX 09-001
Sam's C1ubjNorthStar
Adjacent Uses:
North:
South:
Developed commercial properties in unincorporated Palm
Beach County, designated CHIS and zoned CG. Farther north
right-of-way of Hypoluxo Road.
Undeveloped parcel designated High Density Residential
(HDR) and zoned Multi-Family Residential (R-3), then
townhomes (Pine Point Villas Condo) classified High Density
Residential (HDR) and zoned Multi-family Residential (R-3).
East:
Right-of-way of Sea crest Boulevard, farther east single-family
homes (San Castle subdivision) in unincorporated Palm Beach
County, designated Medium Density Residential (MR-5) and
zoned Residential Multifamily (RM); to the northeast,
developed and vacant commercial properties in Lantana,
designated and zoned Cl-Commercial.
West:
Right-of-way of Interstate 1-95,
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning for
the following reasons:
1. The request is consistent with the annexation and other relevant objectives and policies
of the City's Comprehensive Plan,
2, The proposed amendment will benefit the City by contributing to the diversification of its
economy and its tax base,
3. The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities, or generate any negative impacts
upon adjacent or nearby properties.
PROJECT A.NAL YSIS
The two properties which are the subject of this land 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 Department of Community Affairs 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 a mendments for the 2009 calendar year.
File Number: LUAR 09-002-ANEX 09-001
Sam's CiubjNorthStar
This proposed amendment is being reviewed for transmittal to the Florida Department of
Community Affairs (DCA), After transmittal and DCA review, the proposed amendment will be
scheduled for adoption, tentatively in May 2009.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to, a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager. The planning department shall also recommend limitations or
requirements, which would have to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive plan,
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The request is consistent with the City's annexation program as
described in the following objective and policies in the Comprehensive Plan:
Objective 1.15
Policy1.15.1
Policy 1.15.2
Policy 1.15.3
The City will continue to expand through annexation of enclaves,
pockets and other contiguous properties.
The City shall continue to promote the orderly annexation of lands
consistent with Chapter 171, Florida Statutes, and the Palm Beach County
Annexation Policy.
The City shall utilize four methods of annexation:
1. Voluntary annexation;
2. Annexation by interlocal agreement with Palm Beach County;
3. Compliance with pre-annexation water service agreements from the
City; and
4. Referendum.
The City shall require every property being annexed into the City to
concurrently apply for land use amendment and rezoning to the Citys
adopted land use classification and zoning district "
The request is also consistent with Objective 1.17:
Objective 1..1.7
The City shall pursue economic development opportunities to
support a competitive and diversified eamomy.
Sam's Club will contribute to the diversification of the CitYs economy and the City's fiscal
profile, now overly dependent on the residential sector for its tax revenues.
b,Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation, The uses of both properties have been long established under the
3
File Number: LUAR 09-002-ANEX 09-001
Sam's ClubjNorthStar
Palm Beach Countis land use and zoning designations. No changes in use are planned for
either property.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The proposed amendment is requested in conjunction with an application for annexation. The
existing Palm Beach County land use designation and zoning must be changed to the city land
use designation and zoning district,
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
As stated, the proposed land use amendment does not entail changes to current use of the
subject properties. The addition of an accessory fuelling facility is currently planned for the
Sam's Club (see the Master Plan review in the last section of this report); a carwash may be
added later, The NorthStar Cemetery Services is planning to add a crematorium sometime in the
future. Both planned additions represent minimal impact upon municipal services as described
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 trip characteristics'
analysis done for similar projects indicate the internal trip capture of over 50%.
Likewise, the future addition of the crematorium to the NorthStar's cemetery will not have a
significant impact 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 by the County for
consistency with the Pal Beach County Traffic Performance Standards ordinance.
Potable Water 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 overall 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 cemetery, but due to the need for,
and the cost of, the extensive on-site improvements, NorthStar's connection to the City's sewer
system will be postponed. Moreover, the facility will continue to use well water for irrigation
purposes.
Water Demand
land Use Generation Rate Units Total GDP
Existing! Proposed Offi~ Q-ernatcrim 25 GPD per employee 16 400
O1urch 5 GPD per seat 120 600
lrOOO
4
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
The future addition of a crematorium will have a marginal impact, accounted for in the above
table, The generation rates for office and church uses are applied in demand calculations for the
existing funeral home and chapel buildings.
Potable Water Facilities
Water Plant Capacity* (peak day) 27,000,000
Committed capacity (actual flow + reserved capacity, peak day 23,622,289
Remaining capacity 3,377 ,711
SFWMD permitted withdrawals (average day) 21,490,000
Contracted amount to purchase from County 5,000,000
Expiration date of water use permit August 14, 2010
*Indudes 5,000,000 contracted to purchase for Palm Beach County
As shown, the projected increase in water demand is insignificant as compared to the remaining
capacity. Ukewise, 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
Land Use Generation Rate Units Total GDP
Existing/ Proposed Office/Crematorim 25 GPD per employee 16 400
Church 5 GPO per seat 120 600
1,000
Sanitary Sewer Facilities
Sewer Treatment Capadty 24 MGD
Committed or allocated capacity (MGD) 18.56
Available capadty (MGD) 2,72
Solid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the lO-year planning period,
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 use of the subject properties will not change; the proposed rezoning will be compatible
with adjacent and nearby properties, The proposed land use and zoning for the Sam's Club
property is similar to the current County land use and zoning designations, The Local Retail
Commercial land use classification is proposed for both the Sam's Club and the NorthStar
property. Both properties would also have commercial zoning designations, with a PCD zoning
requested for Sam's Club and C-3 zoning for NorthStar. The NorthStar cemetery, which is a
commercial enterprise, constitutes an appropriate transitional use between the high intensity
commercial Sam's Club to the north and residential uses to the south. Given the unfeasibility of
5
File Number: LUAR 09-002-ANEX 09-001
Sam's ClubjNorthStar
redevelopment of a large existing cemetery, a proposed commercial zoning has a negligible
potential for negative impact on nearby residential properties in the future.
The proposed commercial land use and zoning designation for the NorthStar cemetery will
accommodate the plan to subsequently add a crematorium. It also reflects a commercial, rather
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 cemetery property, pursuant to Florida
Statutes and the 2001 settlement agreement between the City and two advertising
corporations, The settlement allows for the placement of a set number of billboards at various
locations along the 1-95 right-of-way, subject to, in part, a residential separation standard and
all applicable siting standards of Florida Statutes. The subject property would allow for the
citing of one of the two remaining billboards allowed under the agreement, with minimal
impacts on residential and other land uses.
The requested C-3 zoning for the NorthStar property 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 funeral home as a
permitted use and funeral home with a crematorium as a conditional use. The amendment
would establish a cemetery in conjunction with a funeral home as a permitted use in the (-3
zoning district,
f, Whether the property is physically and economically developable under the existing
zoning,
The proposed reclassification/rezoning involves developed properties and is a necessary action
in conjunction with an annexation.
g, Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole,
The requested land use amendment and rezoning 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 aI/owed.
The proposed amendment is requested for the already developed properties and in conjunction
with an application for annexation. No use changes are planned for either property.
MASTER PLAN ANALYSIS FOR SAM'S CLUB
When requesting to rezone property to a planned district, such as Planned Commercial
Development (PCD), the applicant is required to submit a Master Plan depicting the location of
site improvements, proposed traffic patterns and site data. Since the existing Sam's Club is
requesting PCD zoning, the applicant has submitted the requisite master plan. The master plan
depicts the existing one-story, 134,100 square foot Sam's Club building situated in the
southwest corner of the property, as well as a proposed Sam's membership gas station and
carwash facility in the northeast corner of the property.
6
File Number: LUAR 09-0Q2-ANEX 09-001
Sam/s Club/NorthStar
The plan depicts parking on all sides of the property, with the largest parking fields to the east
and north of the existing Sam's structure, With the inclusion of the gas and carwash facility, the
site proposes 683 parking spaces, four (4) spaces in excess of the required 679. Access to the
property would be through four (4) existing driveways, one (1) from Hypoluxo Road, just east
of Seacrest Boulevard, and three (3) existing drives off of Sea crest Boulevard, at the northern
edge, center and southern edge of the site, The site has traffic circulation completely around
the site and existing and proposed structures, for ease of service delivery and emergency
access.
Planned Commercial District regulations establish setbacks and buffers in excess of standard
commercial zoning districts, The existing 134,100 square foot building would exceed all of the
district setback requirements; front - 401 required/355' provided, side - 30' required/45' & 270'
provided, and rear - 40' required/65' provided, As for setback requirements applicable to the
proposed gas and carwash facility, the code sets forth special setback regulations for gas
stations, which would be met with the plan submitted; front - 351 required/36' proposed, side-
20' required/555' & 130' proposed, and rear - 20' required/2201 provided, Buffers are to be
designed in accord with the peripheral 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, except for an approximate 190 foot long segment
along the south side of the building abutting the cemetery property. Since only this small strip
falls short of the PCD requirement, staff will require a denser planting scheme to be
accomplished when the formal site plan is brought forward in the future to approve the gas and
carwash 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 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 plan is
not required as part of the rezoning. The applicant has suggested the possibility of modifying
the site at some point in the future to accommodate a crematorium. When the applicant is
ready to bring forward such a proposal, staff will initiate the necessary site plan review process.
CONCLUSIONS! RECOMMENDATIONS
The request is consistent with the objectives of the CitYs annexation program and relevant
policies in the Comprehensive Plan, Furthermore, it will benefit the City's economy without
creating additional impacts on infrastructure that cannot be accommodated within existing
capacities, and without generating any negative impacts upon adjacent or nearby properties.
Therefore, staff recommends that the subject request be approved.
ATTACHMENTS
S:\Plaoning\SHARED\WP\PROJECTS\Sams Cub PB Memorial\l.UAR 09-002\STAFF REPORT Sam'sOub-PBMemorial.doc
7
SAM'S CLUB AND NORTHSTAR PROPERTIES EXHIBIT 'A'
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL- 2nd Reading
DEVELOPMENT
ITEM A.12
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 ri121, 2009 0 June 16,2009
0 5,2009
0 19,2009 Jul
0 June 2, 2009 st 4, 2009 Jul
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 181 Legal
0 Code Comoliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this tabled item on the August 4, 2009 City Connnission agenda under
Legal, Ordinances - Second Reading. The City Connnission tabled this item on July 21 S\ thereby allowing further time for
outstanding issues between property owners to be resolved. For further details pertaining to this request, see attached
Department Memorandum No. 08-104.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Sam's Club (LUAR 09-002)
Bonnie Miske! and Scott Backman
Walrnart Stores #8140
West of North Seacrest Boulevard, South of Hypoluxo Road
Request to rezone from Palm Beach County Commercial General (CG) to
Planned Commercial Development (PCD).
PROGRAM IMPACT: N/A
FISCAL IMPACT: NIA
ALTERNATIVES: N/A
Develcrpf~~ r?
anager's Signature
Cm1/
~J
Planning and Zo irector i ttomey / Finance
S:\Planning\SHARED\WP\PROJEC \Sams Club PB Memorial\LUAR 09-002\Agenda Item Request Sam Club Rezone LUAR 09-001 7-21-09.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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ORDINANCE NO, 09-[10'1
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING THE
APPLICATION OF WALMART STORES #8140,
AMENDING ORDINANCE 02-013 TO REZONE A
PARCEL OF LAND LOCATED AT 7233 SEA CREST
BOULEVARD, AS MORE FULLY DESCRIBED
HEREIN, FROM COMMERCIAL GENERAL (CG)
(PALM BEACH COUNTY) TO PLANNED
COMMERCIAL DEVELOPMENT (PCD);
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;
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 9 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
3 0 the public hearing heretofore referenced; and
S:\CA \Ordinances\Planning\Rezoning\Rezoning -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 (CG) (Palm Beach County) to
1 7 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
22 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 Ja.no.p....r1 ' 2009.
s: \CA \OrdinanceSJ>lanningRezoningRezoning -Sams Club.doc
I
11 SECOND, FINAL READING and PASSAGE this ~ day of _
,2009.
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17 ATTEST:
18
19
20 Janet M. Prainito, CMC
21 City Clerk
22
23
24 (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 IOrdinancesIPlanning\Rezoning-Rezoning -Sams 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 A T A BRASS DISK FOUND A T 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
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 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 (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 HIGHWA Y NUMBER 95 (1-95),143.]6 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 J/
!3 KPI I ~ I T A
THENCE NORTH 07025' 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 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., 152.3 7 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 12" 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 O.R, 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, ]37,00 FEET TO A PERMANENT REFERENCE
POINT (5/8" IRON PIN CAPPED #3935) FOUND (0,0] FEET SOUTH AND 0.]6 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 DA TED APRIL 20, 2004 AND
RECORDED IN O.R, BOOK ]6830, PAGE ]29] OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
THENCE SOUTH ] 103] '09 WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED
TO MICHEL P. BARBERIS, 60.75 FEET TO A POINT;
THENCE SOUTH 02029'] 4" 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, ]47.50 FEET TO THE WESTERLY LINE OF TRACT "A" USED FOR
RIGHT-OF-W A Y OF SEACREST BOULE V 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, INC. (PARCEL 5), PASSING THROUGH A PERMANENT REFERENCE
POINT (5/8" IRON PIN CAPPED #3935) FOUND (0.07 FEET SOUTH AND 0.]2 FEET WEST) AT
166.00 FEET, A DISTANCE OF 178,00 FEET TO THE PRINCIPAL PLACE OF BEGINNING AND
CONTAINING ]4.7961 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
RESTRICT]ONS.
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 SEA CREST 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 li4) 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 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 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 of260.00 feet to a P.K. nail set;
Thence South 870 30' 46" East along a Southerly line of land 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 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 ~"
SAM'S CLUB AND NORTHSTAR PROPERTIES
LOCATION MAP
HDR - High Density Residential
MeDR- Medium Density Residential
PPGI - Public & Private Governmental/institutional
FINNHILLDR
-not-.in-c-it-y
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_"_I - City Boundary
Fell
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DIVISION
MEMORANDUM NO. PZ 08 - 104
Chair and Members
Planning and Development Board
Hanna Matras /)
Senior Planner i "'\ \\ l!
Michael W, Rumpf WI
Director of Planning and Zoning
December 1, 2008
Sam's Club/NorthStar/ANNEX 09-001-LUAR 09-002
To annex the two properties, and to amend the Future land Use
designation on 41.69 acres from Palm Beach County's
Commercial High with a maximum S 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 General (CG) and Residential Multifamily (RM) to
Planned Commercial Development (PCD) and C-3 Community
Commercial.
Property Owners:
Applicant/Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Walmart Stores #8140 and NorthStar Cemetery Services of FL,
LLC
Bonnie Miskel and Scott Backman
7233 Sea crest Boulevard/3691 Seacrest Boulevard (Exhibit "A")
15.80/25,89 acres, a total of 41.69 acres
Sam's Club: Palm Beach County's Commercial High with a
maximum S dwelling units per acre (CH/S)
NorthStar: Institutional and Public Facilities (INST)
Sam's Club: Palm Beach County's Commercial General (CG)
NorthStar: Residential Multifamily (RM)
Local Retail Commercial (both properties)
Sam's Club: Planned Commercial Development (PCD)
NorthStar: (-3 Community Commercial
No changes to current uses
File Number: LUAR 09-Q02-ANEX 09-001
Sam's Club/NorthStar
Adjacent Uses:
North:
South:
Developed commercial properties in unincorporated Palm
Beach County, designated CHIS and zoned CG. Farther north
right-of-way of Hypoluxo Road,
Undeveloped parcel designated High Density Residential
(HDR) and zoned Multi-Family Residential (R-3), then
townhomes (Pine Point Villas Condo) classified High Density
Residential (HDR) and zoned Multi-family Residential (R-3).
East:
Right-of-way of Seacrest Boulevard, farther east single~family
homes (San Castle subdivision) in unincorporated Palm Beach
County, designated Medium Density Residential (MR-S) and
zoned Residential Multifamily (RM); to the northeast,
developed and vacant commercial properties in Lantana,
designated and zoned C1-Commercial.
West:
Right-of-way of Interstate 1-95,
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning for
the following reasons:
1. The request is consistent with the annexation and other relevant objectives and policies
of the City's Comprehensive Plan.
2. The proposed amendment will benefit the City by contributing to the diversification of its
economy and its tax base,
3, The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities, or generate any negative impacts
upon adjacent or nearby properties.
PROJECT A.NALYSIS
The two properties which are the subject of this land 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 Department of Community Affairs 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.
2
File Number: LUAR 09-002-ANEX 09-001
Sam's ClubjNorthStar
This proposed amendment is being reviewed for transmittal to the Florida Department of
Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be
scheduled for adoption, tentatively in May 2009.
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
property, in order to comply with policies contained in the comprehensive plan,
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The request is consistent with the City's annexation program as
described in the following objective and policies in the Comprehensive Plan:
Objective 1.15
Policy1.15.1
Policy 1.15.2
Policy 1.15.3
The City will continue to expand through annexation of endaves,
pockets and other contiguous properties.
The City shall continue to promote the orderly annexation of lands
consistent with Chapter 171, Florida Statutes, and the Palm Beach County
Annexation Policy,
The City shall utilize four methods of annexation:
1. Voluntary annexation;
2, Annexation by interlocal agreement with Palm Beach County;
3. Compliance with pre-annexation water service agreements from the
City; and
4. Referendum,
The City shall require every property being annexed into the City to
concurrently apply for land use amendment and rezoning to the Citys
adopted land use classification and zoning district, 1/
The request is also consistent with Objective 1.17:
Objective 1.17
The City shall pursue economic development opportunities to
support a competitive and diversified economy.
Sam's Club will contribute to the diversification of the City's economy and the City's fiscal
profiie, now overly dependent on the residential sector for its tax revenues.
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The uses of both properties have been long established under the
3
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
Palm Beach County's land use and zoning designations, No changes in use are planned for
either property.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The proposed amendment is requested in conjunction with an application for annexation. The
existing Palm Beach County land use designation and zoning must be changed to the city land
use designation and zoning district,
d, Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
As stated, the proposed land use amendment does not entail changes to current use of the
subject properties, The addition of an accessory fuelling facility is currently planned for the
Sam's Club (see the Master Plan review in the last section of this report); a carwash may be
added later, The NorthStar Cemetery Services is planning to add a crematorium sometime in the
future, Both planned additions represent minimal impact upon municipal services as described
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 trip characteristics'
analysis done for similar projects indicate the internal trip capture of over 50%.
Likewise, the future addition of the crematorium to the NorthStar's cemetery will not have a
significant impact 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 by the County for
consistency with the Pal Beach County Traffic Performance Standards ordinance,
Potable Water 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 overall 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 cemetery, but due to the need for,
and the cost of, the extensive on-site improvements, NorthStar's connection to the Oty's sewer
system will be postponed. Moreover, the facility will continue to use well water for irrigation
purposes.
Water ~..mand
Land Use Generation Rate Units Total GDP
Existing! Proposed Offic~Crematcrim 25 GPD per emplO{eE 16 400
Church 5 GPD per seat 120 600
1,000
4
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
The future addition of a crematorium will have a marginal impact, accounted for in the above
table, The generation rates for office and church uses are applied in demand calculations for the
existing funeral home and chapel buildings.
Potable Water Facilities
Water Plant Capacity* (peak day) 27,000,000
Committed capacity (actual flow + reserved capacity, peak day 23,622,289
Remaining capacity 3,377,711
SFWMD permitted withdrawals (average day) 21,490,000
Contracted amount to purchase from County 5,000,000
Expiration date of water use permit August 14, 2010
*Indudes 5,000,000 contracted to purchase for Palm Beach County
As shown, the projected increase in water demand is insignificant as compared 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
Land Use Generation Rate Units Total GDP
Existing/Proposed Office/Crematorim 25 GPD per employee 16 400
Church 5 GPD per seat 120 600
1,000
Sanitary Sewer Facilities
Sewer Treatment Capacity 24 MGD
Committed or allocated capacity (MGD) 18.56
Available capacity (MGD) 2.72
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,
Drainaae
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 use of the subject properties will not change; the proposed rezoning will be compatible
with adjacent and nearby properties, The proposed land use and zoning for the Sam's Club
property is similar to the current County land use and zoning designations, The Local Retail
Commercial land use classification is proposed for both the Sam's Club and the NorthStar
property. Both properties would also have commercial zoning designations, with a peD zoning
requested for Sam's Club and (-3 zoning for NorthStar. The NorthStar cemetery, which is a
commercial enterprise, constitutes an appropriate transitional use between the high intensity
commercial Sam's Club to the north and residential uses to the south. Given the unfeasibility of
Rle Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
redevelopment of a large existing cemeteryl a proposed commercial zoning has a negligible
potential for negative impact on nearby residenti al properties in the future,
The proposed commercial land use and zoning designation for the NorthStar cemetery will
accommodate the plan to subsequently add a crematorium, It also reflects a commerciall rather
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 cemetery property, pursuant to Florida
Statutes and the 2001 settlement agreement between the City and two advertising
corporations. The settlement allows for the placement of a set number of billboards at various
locations along the 1-95 right-of-way, subject to, in part, a residential separation standard and
all applicable siting standards of Florida Statutes, The subject property would allow for the
citing of one of the two remaining billboards allowed under the agreement, with minimal
impacts on residential and other land uses,
The requested C-3 zoning for the NorthStar property 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 funeral home as a
permitted use and funeral home with a crematorium as a conditional use. The amendment
would establish a cemetery in conjunction with a funeral home as a permitted use in the (-3
zoning district,
f, Whether the property is physically and economically developable under the existing
zoning.
The proposed reclassification/rezoning involves developed properties and is a necessary action
in conjunction with an annexation.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning 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 allowed.
The proposed amendment is requested for the already developed properties and in conjunction
with an application for annexation. No use changes are planned for either property.
MASTER PLAN ANALYSIS FOR SAM'S CLUB
When requesting to rezone property to a planned district, such as Planned Commercial
Development (PCD), the applicant is required to submit a Master Plan depicting the location of
site improvements, proposed traffic patterns and site data. Since the existing Sam's Club is
requesting PCD zoning, the applicant has submitted the requisite master plan, The master plan
depicts the existing one-story, 134,100 square foot Sam's Club building situated in the
southwest corner of the property, as well as a proposed Sam's membership gas station and
carwash facility in the northeast comer of the property,
6
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
The plan depicts parking on all sides of the property, with the largest parking fields to the east
and north of the existing Sam's structure. With the inclusion of the gas and carwash facility, the
site proposes 683 parking spaces, four (4) spaces in excess of the required 679. Access to the
property would be through four (4) existing driveways, one (1) from Hypoluxo Road, just east
of Sea crest Boulevard, and three (3) existing drives off of Seacrest Boulevard, at the northern
edge, center and southern edge of the site. The site has traffic circulation completely around
the site and existing and proposed structures, for ease of service delivery and emergency
access.
Planned Commercial District regulations establish setbacks and buffers in excess of standard
commercial zoning districts. The existing 134,100 square foot building would exceed all of the
district setback requirements; front - 40' required/355' provided, side - 30' required/45' & 2.70'
provided, and rear - 40' required/65' provided, As for setback requirements applicable to the
proposed gas and carwash facility, the code sets forth special setback regulations for gas
stations, which would be met with the plan submitted; front - 35' required/36' proposed, side -
20' required/555' & 130' proposed, and rear - 20' required/220' provided, Buffers are to be
designed in accord with the peripheral 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, except for an approximate 190 root long segment
along the south side of the building abutting the cemetery property, Since only this small strip
falls short of the PCD requirement, staff will require a denser planting scheme to be
accomplished when the formal site plan is brought forward in the future to approve the gas and
carwash 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 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 plan is
not required as part of the rezoning. The applicant has suggested the possibility of modifying
the site at some point in the future to accommodate a crematorium, When the applicant is
ready to bring forward such a proposal, staff will initiate the necessary site plan review process.
CONCLUSIONS! RECOMMENDATIONS
The request is consistent with the objectives of the City's annexation program and relevant
policies in the Comprehensive Plan. Furthermore, it will benefit the City's economy without
creating additional impacts on infrastructure that cannot be accommodated within existing
capacities, and without generating any negative impacts upon adjacent or nearby properties.
Therefore, staff recommends that the subject request be approved,
ATTACHMENTS
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XIII - LEGAL- 2nd Reading
DEVELOPMENT
CITY OF BOYNTON BEACH ITEM AI!3
AGENDA ITEM REQUEST FORt....
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
0 July 7,2009 June 15,2009 June 10, 2009 June 8, 2009
0 July 21,2009 Julv 6, 2009 'Julv 1,2009 June 29, 2009
~ August 4, 2009 Julv 20, 2009 Julv 15,2009 July 13,2009
0 August 18, 2009 August 3, 2009 Julv 29, 2009 Julv 27, 2009
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Lel!:al
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this request on the August 4, 2009 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission on July 21, 2009, approved this request under Public Hearing and
Legal, Ordinance - First Reading subject to all staff conditions. For further details pertaining to this request, see attached
Department Memorandum No. 09-037.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
NE 11 tb I NE 12tb Avenue Alley (ABAN 09-002)
Andrew Mack, Engineer
City of Boynton Beach
Between NE 11 th Avenue and NE 12th Avenue, east of North Seacrest Boulevard
City-initiated request for abandonment of an unimproved alley right-of-way five (5) feet
in width lying between NE 11 th A venue and NE 12 A venue, extending east from North
Seacrest Boulevard to an area west of Railroad Avenue.
PROGRAM IMPACT: NM
FISCAL IMP ACT: N/ A
ALTERNATIVES: N/A
l::!:!-~,L; Drre~ '
~~
City Manager's Signature
Assistant to City Manager ~
~ --
/' Planning and Zoning Director City Attorney / Finance
S:\P1anning\SHARED\WP\PROJECTS\NE 11th & NE 12th Avenues Alley ABAN\Agenda Request NE 11th - NE 12th Ave Alley ABAN 09-002 8-4-09
2nd.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO, 09-035
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING
5 ABANDONMENT OF AN EXISTING ALLEY
6 LOCA TED EAST OF NORTH SEACREST
7 BOULEVARD BETWEEN NORTHEAST 11 TH
8 AVENUE AND NORTHEAST 12TH AVENUE,
9 SUBJECT TO STAFF 'COMMENTS; AUTHORIZING
10 THE CITY MANAGER TO EXECUTE A
11 DISCLAIMER, WHICH SHALL BE RECORDED
12 WITH THIS ORDINANCE IN THE PUBLIC
13 RECORDS OF PALM BEACH COUNTY, FLORIDA;
14 AND PROVIDING AN EFFECTIVE DATE,
15
16
17 WHEREAS, staff is requesting that the City abandon a five (5) foot wide alley
18 between Northeast 11th Avenue and Northeast lih Avenue, extending east from North
19 Seacrest Boulevard to an area west of Railroad Avenue, subject to staff comments; and
20
21 WHEREAS, comments have been solicited from the appropriate City Departments,
22 and public hearings have been held before the City's Community Redevelopment Agency, and
23 the City Commission on the proposed abandonment; and
24
25 WHEREAS, staff finds that the alley no longer serves a public purpose, and the City
26 Commission adopts that finding.
27
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
30
31 Section 1. The foregoing Whereas clauses are true and correct and incorporated
32 herein by this reference.
33
34 Section 2, The City Commission of the City of Boynton Beach, Florida, does
35 hereby abandon a five (5) foot alley between Northeast 11th Avenue and Northeast 1ih
36 Avenue, extending east from North Seacrest Boulevard to an area west of Railroad A venue,
37 subject to staff comments. The property being abandoned is more particularly described as
38 follows:
39
40 That 5.0 foot strip of land as shown on the north side of Lots 1 through 9,
41 according to the plat of BLOCK 6, MEEKS & ANDREWS ADDITION, as
42 recorded in Plat Book 12, Page 46, Public Records of Palm Beach County.
43
44 AND
45
46 That 5.0 foot strip ofland as shown on the north side of Lots 1 through lOin
47 BLOCK 2, lots 1 through lOin BLOCK 1, and Lot 1 of BLOCK A
S.\C \ rdlnanceslAbandonmentslNE 11th and 12th Ave Alley doc
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according to the plat of MEEKS & ANDREWS ADDITION, as recorded in
Plat Book 5, Page 84, Public Records of Palm Beach County.
SUBJECT to said property being designated as a utility easement.
ABANDONMENT of the "Alley" right-of-way shall be distributed to those
adjacent properties located in the MEEKS & ANDREWS subdivisions
located on the south side of the "Alley" only.
A location map is attached hereto as Exhibit" A."
Section 3. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
of Palm Beach County, Florida.
Section 4.
This Ordinance shall take effect immediately upon passage.
FIRST READING this _ day of
,2009.
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
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S Ie rd,nanceslAbandonmentslNE 11 th and 12th Ave Alley dOC
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the Citv of
Boynton Beach, Florida, does hereby abandon a five (5) foot alley between Northeast 'II th
Avenue and Northeast lih Avenue, extending east from North Seacrest Boulevard to an area
west of Railroad A venue, subject to staff comments. The property being abandoned is more
particularly described as follows:
That 5.0 foot strip of land as shown on the north side of Lots 1 through 9,
according to the plat of BLOCK 6, MEEKS & ANDREWS ADDITION, as
recorded in Plat Book 12, Page 46, Public Records of Palm Beach County.
AND
That 5.0 foot strip ofland as shown on the north side of Lots 1 through lOin
BLOCK 2, lots I through lOin BLOCK 1, and Lot I of BLOCK A,
according to the plat of MEEKS & ANDREWS ADDITION, as recorded in
Plat Book 5, Page 84, Public Records of Palm Beach County.
SUBJECT to said property being designated as a utility easement.
ABANDONMENT of the "Alley" right-of-way shall be distributed to
those adjacent properties located in the MEEKS & ANDREWS
subdivisions located on the south side of the "Alley" only.
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach,
Florida, have hereunto set their hands and affixed the seal of the City this _ day of
,2009.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
Janet M. Prainito, CMC
City Clerk
Kurt Bressner, City Manager
STATE 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
SICA\OrdlnanceslAbandonmentslNE 11 th and 12th Ave Alley doc
instrument, and acknowledged the execution thereof to be their free hand and deed as such
officers, for the uses and purposes mentioned therein; that they affixed thereto the official
seal of said corporation; and that said instrument is the act and deed of said corporation.
WITNESS my hand and official seal in the said State and County this
,2009.
day of
NOTARY PUBLIC, State of Florida
My Commission Expires:
-
SICAIOrdinanceslAbandonmentslNE 11th and 12th Ave Alley.doc
EXHIBIT "A" - SITE LOCATION MAP
NE 11TH AVE & NE 12TH AVE ALLEY ABAN 09-002
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THRU:
FROM:
DATE:
SUBJECT:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 09-037
Chair and Members
Planning & DevelopmVrd
Michael W. Rumpf 4
Planning and Zoning Director
Kathleen Zeitler ~
Planner II
June 15, 2009
City-Initiated Abandonment of Alley Right-of-Way between NE 11th Avenue and NE 12th
Avenue, East of North Seacrest Boulevard and West of Railroad Avenue (ABAN 09-002)
NATURE OF REOUEST
Mr, Andrew p, Mack, P,E., with the City's Engineering Division, and agent for the property owner (City of
Boynton Beach), is requesting the abandonment of an existing alley right-of-way located between NE 11th
Avenue and NE 12th Avenue, extending east from North Seacrest Boulevard to an area west of Railroad
Avenue (see Location Map - Exhibit "A").
The subject property is described as an unimproved alley located north of lots fronting on NE 11th Avenue,
This alley is represented by a five (5)-foot wide strip of land at the northern boundary of the plat of Meeks
and Andrews Addition and, if abandoned, would be distributed only to those adjacent properties located in
the Meeks and Andrews Addition subdivisions, located on the south side of the subject alley. Underground
utilities exist through the subject property which, in conjunction with the abandonment, warrants the
dedication of a utility easement,
The following is a description of the zoning districts and land uses of the properties that surround the
subject property to be abandoned as depicted on the attached Exhibit "B":
North -
South -
East
West -
Lots 1 - 10 of Block 7, Lots 1 - 12 of Block 8, Lots 1-11 of Block 9, and Lot 8 of Block 10,
according to the plat of Happy Home Heights, consisting of single- and two-family residential
uses classified as Medium Density Residential (MeDR) and zoned Single- and Two-Family
Residential (R-2);
Lots 1 - 9 of Block 6, Lots 1 - 10 of Block 2, Lots 1 - 10 of Block 1, and Lot 1 of Block A,
according to the plat of Meeks and And rews Addition,
Lots 1 - 7 of Block 10 according to the plat of Happy Home Heights, and Block A according
to the plat of Meeks and Andrews Addition, consisting of single- and two-family residential
uses classified as Medium Density Residential (MeDR) and zoned Single- and Two-Family
Residential (R-2); and farther east, Railroad Avenue; and
Right-of-way for North Sea crest Boulevard, and farther west, Poinciana Elementary school
classified as Public and Private Governmental/Institutional (PPGI) and zoned Public Usage
(PU).
Page 2
Memorandum No. PZ 09-037
ABAN 09-002
BACKGROUND
In August, 1914 and February, 1925 respectively, the plats of Meeks and Andrews Addition and Happy
Home Heights were approved. Although the subject alley is indicated on both of the above-referenced
plats, the alley is included within the boundaries of only the Meeks and Andrews Addition plat, on which the
signed declaration "dedicates the streets, avenues, alleys, as shown for the use of the public in perpetuity".
The subject property is indicated on the plat as a dashed line five (5) feet in width that runs parallel to, but
is separate from the adjacent lots. Although the subject property was never used or improved as an alley
as intended by the recorded plat, the property was dedicated to the public as a right-of-way and is under
the control and jurisdiction of the City.
The city-initiated application states the following grounds and reasons for the requested abandonment:
(1) City staff is unable to identify any public purpose for maintaining this property as an alley right-of-way;
(2) continued City ownership suggests continued future responsibility and associated liability; and, (3) staff
believes this area will best serve adjacent residents through private ownership. The City should designate
the full width of the subject property as a utility easementmaUow any future provision of utility services to
the rear of these lots,
ANALYSIS
When a right-of-way, such as this unimproved alley, is abandoned the abandoned land is transferred in
equal portions from the general public to the abutting property owner(s) per State law (9 336,12).
Typically, two (2) properties would be affected by an abandonment request: one-half of the right-of-way is
conveyed to one (1) abutting property owner and the other half is conveyed to the other abutting property
owner, However, the subject alley lies entirely within the platted boundaries of the Meeks and Andrews
Addition plat, and not within the boundaries of the Happy Home Heights plat. Therefore, if abandoned, the
five (S)-foot wide strip of land will be reverted to each adjacent property owner in only the Meeks and
Andrews Addition plat as land to be added to their lot. A utility easement equivalent in width to the existing
alley is proposed on the subject property.
Pursuant to Chapter 22, Article IV, Section 4, public notice of the proposed abandonment was given, and
the request has been advertised in the newspaper, All applicable city departments and public utility
companies have been notified, and a summary of their responses are as follows (see Exhibit "C''):
cm DEPARTMENTS/DIVISIONS
Engineering No objection
Public Works/Utilities No objection with 5 foot utility easement
Planning and Zoning No objection
PUBUC UTILITY COMPANIES
Florida Power and Light
Bell South
Florida Public Utilities Company
Cable Company (Comcast)
No objection
No objection
No objection
No objection
RECOMMENDATION
Staff recommends that the request to abandon the alley as described above be APPROVED based on the
finding that the alley provides no public purpose, and any future utilities within the subject property would
remain within a five (S)-foot dedicated utility easement, Any conditions recommended by the Planning and
Development Board and required by the Commission will be placed in Exhibit "D" - Conditions of Approval.
S:IPlanningISHAREDlWPIPROJECTSINE 11'" & NE 12'" Avenues Alley ABAN\Staff Report.doc
EXHIBIT "A" - SITE LOCATION MAP
NE 11TH AVE & NE 12TH AVE ALLEY (ABAN 09-002
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EXHIBIT "E"
;---;=j~ =- --..-
RE'IlSION OESCR1PTlOH
-~~;1
ALLEY ABANDONMENT BET1fEEN
N.E. 11TH". 12TH AVENUEMM
CITY OF BOYNTON BEACH
DEPN!fMENT Of P\JBUC IIDIlKS/EHC1NEERING DMSION
100 fAST !UYNltJH 8EfoCK fllVD.
DES~ '" f~' I.""'" HONE _j~""''' H'.""
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CHECKED BY.-.", CAD CODE: SHEET Of
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EXHIBIT "D"
Conditions of Approval
Project name: City-initiated Alley Abandonment between NE 11 th Ave and NE 12th Ave
File number: ABAN 09-002
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
1. Abandonment is contingent upon retaining the full width as a utility easement. 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
I ,
Comments: None X
Conditions of Approval
NE 11th Ave andNE 12th AveABAN
DEPARTMENTS INCLUDE REJECT
PLANNING AND WNING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECTS\NE ] Ith & NE 12th Avenues Alley ABAN\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: City-Initiated Alley Abandonment between NE 11th Ave and NE 12th Ave
APPLICANT'S AGENT: Mr. Andrew P. Mack, PE, Engineer
APPLICANT'S ADDRESS: 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 4,2009
TYPE OF RELIEF SOUGHT: Request to abandon an unimproved alley right-of-way and dedicate as
a utility easement
LOCATION OF PROPERTY: Between NE 11th Avenue and NE 1ih Avenue, east of North Seacrest
Boulevard, west of Railroad Avenue.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "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\NE11'h & NE 12'h Avenues Alley ABAN\DO.doc
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XII. - LEGAL- 2nd Reading
DEVELOPMENT
CITY OF BOYNTON BEACH ITEM A.14
AGENDA ITEM REQUEST FORl\.1.
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
D July 7, 2009 June 15,2009 June 10, 2009 June 8, 2009
D Julv 21,2009 Julv 6, 2009 July 1,2009 June 29, 2009
0 August 4, 2009 Julv 20, 2009 July 15, 2009 Julv 13, 2009
D August 18, 2009 Aurust 3, 2009 July 29, 2009 Julv 27, 2009
D Announcements/Presentations 0 City Manager's Report
NATURE OF D Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
D Public Hearing 0
RECOMMENDATION: Please place this request on the August 4,2009 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission on July 21, 2009, approved this request under Public Hearing and
Legal, Ordinance - First Reading. For further details pertaining to this request, see attached Department Memorandum No.
09-030.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
J, R. Watersports (ABAN 09-003)
Beril Kruger of Beril Kruger Planning & Zoning Consultants
Michael Wood, Contract Purchaser
725 North Federal Highway
Request for abandonment of an unimproved alley, approximately 20 feet wide by 206 feet
in length, totaling 4,135.4 square feet, running north and south adjacent to and parallel
with the Florida East Coast (FEe) railroad.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
;:U ~.~
Development Dep rrect
~l.gcr" Signaw<
Assistant to City Manager C41vt /'
--
Planning and Zoning Director City Attorney I Finance
S:\Planning\SHARED\WP\PROJECTS\JR Watersports\ABAN\Agenda Request JR Waterports ABAN 09-0038-4-09 2nd,doc
~
,
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
II
1 ORDINANCE NO, 09-036
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING ABANDONMENT OF AN
5 UNIMPROVED ALLEY APPROXIMA TEL Y 20 FEET WIDE BY
6 206 FEET LONG, TOTALING 4,135,4 SQUARE FEET AND
7 RUNNING NORTH AND SOUTH ADJACENT TO AND
8 PARALLEL WITH THE FLORIDA EAST COAST RAILROAD,
9 SUBJECT TO STAFF COMMENTS; AUTHORIZING THE CITY
10 MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE
11 RECORDED WITH THIS ORDINANCE IN THE PUBLIC
12 RECORDS OF PALM BEACH COUNTY, FLORIDA; AND
13 PROVIDING AN EFFECTIVE DATE.
14
15 WHEREAS, Beril Kruger of Beril Kruger Planning & Zoning Consultants, agent for
16 l.R. Watersports, is requesting that the City abandon a portion of a public alley which abuts
17 the rear of the proposed business located at 725 North Federal Highway, subject to staff
18 comments; and
19
20 WHEREAS, comments have been solicited from the appropriate City Departments,
21 and public hearings have been held before the City's Planning and Development Board, and
22 the City Commission on the proposed abandonment; and
23
24 WHEREAS, staff finds that the right-of-way no longer serves a public purpose, am.
25 the City Commission adopts that finding,
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
29
30 Section 1. The foregoing Whereas clauses are true and correct and incorporated
31 herein by this reference.
32
33 Section 2. The City Commission of the City of Boynton Beach, Florida, does
34 hereby abandon an approximately 20 feet wide by 206 feet long portion of the alley running
35 north and south adjacent to and parallel with the Florida East Coast railroad, subject to staff
36 comments. The property being abandoned is more particularly described as follows:
37
38 A portion of the 20.00 foot alley lying parallel to and adjacent to the following
39 property, as recorded by the subdivision of Lake Addition to Boynton, as
40 recorded in Plat Book 11, page 71, and Pence & King addition to Town of
41 Boynton, as recorded in Plat Book 1, Page 50 of the Public Records of Palm
42 Beach County, Florida. Said lands to be abandoned are described as follows:
43
44 That portion of the 20 foot alley right-of-way, bounded on the east by the west
45 line of Lots 18 thru 21, Block 1, of Lake Addition to Boynton, and the north
s: \Ordinances\Abandonments\JR Watersports doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
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26
27
28
29
30
31
32
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38
39
40
41
42
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46
5.00 feet of Lot 19, Pence and King Addition to Boynton; bounded on the west
by the east right-of-way line of the Florida East Coast Railroad right-of-way;
bounded on the north by the westerly extension of the north line of Lot 18,
Block 1, of Lake Addition to Boynton; and bounded on the south by the
westerly extension of the south line of the north 5.00 feet of Lot 19, Pence and
King Addition to Boynton.
Containing 4,135.4 square feet I
Section 3. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public
Records of Palm Beach County, Florida.
Section 4.
This Ordinance shall take effect immediately upon passage.
FIRST READING this.AI- day of Ju.ly ,2009.
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
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
s: IOrdinances\AbandonmentslJR Watersports doc
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of
Boynton Beach, Florida, does hereby abandon an approximately 20 feet wide by 206 feet long
portion of the alley running north and south adjacent to and parallel with the Florida East Coast
railroad, subject to staff comments, The property being abandoned is more particularly
described as follows:
A portion of the 20.00 foot alley lying parallel to and adjacent to the following
property, as recorded by the subdivision of Lake Addition to Boynton, as recorded
in Plat Book 11, page 71, and Pence & King addition to Town of Boynton, as
recorded in Plat Book I, Page 50 of the Public Records of Palm Beach County,
Florida. Said lands to be abandoned are described as follows:
That portion of the 20 foot alley right-of-way, bounded on the east by the west
line of Lots 18 thru 21, Block 1, of Lake Addition to Boynton, and the north 5,00
feet of Lot 19, Pence and King Addition to Boynton; bounded on the west by the
east right-of-way line of the Florida East Coast Railroad right-of-way; bounded on
the north by the westerly extension of the north line of Lot 18, Block 1, of Lake
Addition to Boynton; and bounded on the south by the westerly extension of the
south line of the north 5.00 feet of Lot 19. Pence and King Addition to Boynton.
Containing 4,135.4 square feet:l::
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach,
Florida, have hereunto set their hands and affixed the seal of the City this _ day of
,2009.
ATTEST: CITY OF BOYNTON BEACH, FLORlDA
Janet M. Prainito Kurt Bressner, City Manager
City Clerk
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet
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 to be their free hand and deed as such
officers, for the uses and purposes mentioned therein; that they affixed thereto the official
S \CA\Ordinances\Abandonments\JR Watersports doc
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
,2009.
day of
NOTARY PUBLIC, State of Florida
My Commission Expires:
S.ICAIOrdinances\AbandonmentsIJR Watersports.doc
TO:
THRU:
FROM:
DATE:
SUBJECT:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 09-030
Chair and Members
Planning & Development Board
" ~
Michael W. RumRf,i'e}L.
Planning and Zoning Director
Ed Breese ~
Principal Planner
May 11, 2009
Abandonment Request of the Alley west of 725 North Federal Highway
ABAN 09-003
NATURE OF REOUEST
Beril Kruger, representing JR Watersports, is requesting the City abandon a portion of a public alley which abuts the
rear of the proposed business located at 725 North Federal Highway. This 20-foot wide unimproved public alley
runs north and south adjacent to and parallel with the Florida East Coast (FEe) railroad, The portion requested to
be abandoned is approximately 20 feet in width by 206 feet in length, totaling 4,135.4 square feet (0,095 acre) in
area. Per the survey submitted with the application, the platted alley segment is legally described as follows:
A portion of a 20 foot alley lying parallel to and adjacent to the following property, as recorded by the
subdivision of Lake Addition to Boynton, as recorded in Plat Book 11, Page 71, and Pence and King Addition to
Town of Boynton, as recorded in Plat Book 1, Page 50 of the public records of Palm Beach County, Florida,
Said lands to be abandoned being are described as follows:
That portion of the 20 foot alley right-of-way, bounded on the east by the west line of Lots 18 thru 21, Block
1, of Lake Addition to Boynton, and the north 5.00 feet of Lot 19, Pence and King Addition to Boynton;
bounded on the west by the east right-of-way line of the Florida East Coast Railroad right-of-way; bounded
on the north by the westerly extension of the north line of Lot 18, Block 1, of Lake Addition to Boynton; and
bounded on the south by the westerly extension of the south line of the north 5,00 feet of Lot 19 Pence and
King Addition to Boynton; Containing 4,135.4 square feet, (0.095 acres) more or less.
The Location Map (see Exhibit "A'') shows the general vicinity of the public alley right-of-way to be abandoned. The
Proposed Abandonment (see Exhibit "B'') depicts the exact location of the subject site and its boundaries and legal
description. The following is a description of the land uses and zoning districts of all properties that surround the
subject portion of the public alley right-of-way.
North -
South -
East
West -
A developed commercial parcel (805 North Federal Highway). The northern portion of
this 20-foot alley was abandoned to this property in February of 2006;
A portion of the 20-foot alley located to the rear of the developed commercial parcel to
the south (Amerigas Propane);
725 North Federal Highway, zoned C-4 (applicant's property); and,
The 50-foot wide railroad right-of-way for Florida East Coast (FEC) Railroad.
Page 2
Memorandum No. PZ 09-030
ABAN 09-003
BACKGROUND
The majority of the subject portion of the 20 foot wide alley lies within the boundaries of Lake Addition to Boynton
Beach Plat, while 5 feet lies within the Pence and King Addition to Boynton, Plat. The Lake Addition plat was
recorded in Plat Book 11, Page 71 on April 9, 1925, and includes a total of 190 individual lots, a 50-foot wide railroad
right-of-way owned by the Florida East Coast (F,E.C.) Railway, several 50-foot and 66-foot wide rights-of-way, and
several is-foot wide and 20-foot wide alleys, The plat also contains a reversionary clause in the dedication, which
states "does hereby dedicate to the perpetual use of the public as public highways, the streets, avenues, boulevards,
and alleys as shown hereon, reserving however unto itself, its successors and legal representative, the reversions or
reversion of same, whenever abandoned by the public or discontinued by law", The City makes no representation
regarding the impact of the reversionary language on title to the adjacent properties. The Pence and King plat was
recorded in Plat Book 1, Page 50 on March 25, 1910, and includes no reversions, Re-development or expansion of
the adjacent property following abandonment requires the property owner to establish proof of clear title as a
condition of re-development or expansion.
On July 2, 2008 staff held a pre-application meeting with the applicant to discuss the plans to occupy the existing
buildings with a Master Craft boat showroom and customization business, The applicant proposes to maintain the
overhead bay doors on the west side of the building and would like ownership of the alley for enhanced access,
added security and ability to improve the space, An application for Conditional Use and Major Site Plan Modification
has been submitted concurrent with this abandonment petition, which involves site and building upgrades,
City records indicate that portions of the public alley located north of the subject property have been abandoned by
the City (Resolutions 90-179, 93-79, 98-56, 98-130 and Ordinance 05-66), including the segment immediately
'butting the property to the north, subject to conditions of approval regarding easement dedication,
ANALYSIS
When a right-of-way, such as this unimproved alley, is abandoned the abandoned land is transferred in equal
portions from the general public to the abutting property owner(s) per State law (9 336.12). Typically, two (2)
properties would be affected by an abandonment request: one-half of the right-of-way is conveyed to one (1)
abutting property owner and the other half is conveyed to the other abutting property owner, The applicant
requesting this abandonment is the owner of the abutting property to the east (at 725 North Federal Highway),
Public records indicate that Florida East Coast Railway is the owner of the abutting property to the west (50-foot wide
railroad right-of-way). Since the FEC RR is a right-of-way, the entire abandoned parcel would become part of the
applicant's property,
A summary of the responses from the city staff is noted as follows:
CITY DEPARTMENT / DIVISION
Public Works / Engineering
Support Abandonment with dedication of an easement
for existing sewer line.
Development / Planning and Zoning
Support Abandonment with dedication of an easement
for existing sewer line.
Page 3
Memorandum No. PZ 09-030
ABAN 09-003
Per letters from utility providers submitted by the applicant, responses from the utility companies are noted as
follows:
PUBUC UTILITY COMPANIES
Florida Power and Light
Bellsouth
No objection to requested abandonment
No objection to requested abandonment, owner to provide
access for servicing of their lines.
No objection to requested abandonment
No objection to requested abandonment
Florida Public Utilities Company
Cable Company (Comcast)
Adequate public notice was given to all affected property owners in accordance with Chapter 22, Article III, Section
4, of the Land Development Regulations. All public utility companies have been notified and the abandonment
request has been advertised in the local newspaper.
Comments from the Deputy Director of Utilities regarding the abandonment state that there is a live utility service
(sewer line) located within the 20-foot alley, and that the alley would have to be retained as a utility easement.
RECOMMENDATION
Staff has determined that the subject portion of this alley no longer serves the public for access purposes and, w'
establishment of an easement, the limited use of the alley for utility purposes would be preserved. Therefore, stall
has no objection to the request for abandonment, with the applicant providing the necessary easement and
recommends approval of the request subject to provision of a recorded easement satisfactory to staff and all
conditions contained in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Planning
and Development Board or by the City Commission will be placed in Exhibit "C" - Conditions of Approval.
S :\Planning\SHAREDlWP\PROJECTS\JRW atersports\StaffReport(ABAN09-003 ).doc
EXHIBIT "An - SITE LOCATION MAP
J R WATERSPORTS
160 80 0
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160 320 480
,
640
I Feet
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JO:l'eOh M, TUCKer, p.,-!..
BOUNDAR":' SUAV2f:
MORTGAGE SURV::Y~
CONSTRU::rJON U,V':UT
EXHIBIT B
219 S.E. 23rd AVENUE .' P.O. BOX 759 - BOYNTON BEACH, FLORIDA 33435
BOYNTON' BEACH Phone (561) 737-6546 . Fax (561) 734~7546
r
LAJ(E ADDITION TO BOYNTON
ALLEYTOBE~4BANDONED
"
1
!
i
I
A PORTION OF THE 20.00 FOOT ALLEY L YING PARALLEL TO AND ADJACENT TO THE FOLLOWING PROPERTY, AS
RECORDED BY THE SUBDMSION OF LAKE ADDITION TO BOYNTON, AS RECORDED IN PLAT BOOK 11, PAGE 71
AND PENCE AND KING ADDmON TO TOWN OF BOYNTON, lIB RECORDED IN PLAT BOOK 1, PAGE 50 OF THE'
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS TO BE ABANDONED ARE DESCRIBED AS
FOLLOWS;
THAT PORTION OF THE 20 FOOT ALLEY RlGJIT OF WAY, BOUNDED ON THE EAST BY THE WEST LINE OF LOTS 18
TIIRU 21, BLOCK 1, OF LAKE ADDmON TO BOYNTON, AND THE NORTII 5.00 FEET OF LOT 19, PENCE AND KING
ADDmONTO BOYNTON; BOUNDED ON THE WEST BY TIIE EASTRlGJIT OF W AYLlNE OF THE FLORIDA EAST COAST
RAILROAD RlGJIT OF WAY; BOUNDED ON THE NORTIIBY THE WESTERLY EXTENSION OF THE NORTHLmE OF LOT
18, BLOCK. 1, OF LAKE ADDmON TO BOYNTON; AND BOUNDED ON THE SOUTII BY THE WESTERLY EXTENSION OF
THE SOUTII LlNE OF THE NORTH 5.00 FEET OF LOT 19, PENCE AND KING ADDmON TO BOYNTON;
CONTAINING 4,135.4 SQUARE FEET, (0.095 ACRES) MORE ORLESS
~
CERTIFICATION:
I
I HEREBY CERTIFY THAT THE DESCRlPTION A.ND THE ATTACHED SKETCH OF DESCRIPTION WERE PREP..A.RED IN i
; ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61Gl76, FtORIDAADMINISTRATIVE CODE, SET FORTIl ~
BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA i l
STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS THE
SIGNATUREANDTIIEORIG~ALRAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER, nnSDRAWING. 1
SKETCH, ~~T~ORMAP S FOR OO'ORMATION PURPOSES O:NL Y AND IS NOT V_tillD j
~ ,./7.# /J6a.. 05-(>5'''J '
BY;"_ /" ~ , I I . Sheet tof1Z.'
~ EBHM, ~ DATE fall~9 LB 2102 Joe Tucker
r REGISrmuID LAND SURVEYOR'NO. i285'
\-S-rATE oF. FLORIDA . '
NOTE: THIS IS NOT ASKETCE OF SURVEY, BUT ONLY A 9'RAPEIC DEPICTIONS
OF JBE DESCRIPTION SHOWN HEREON, THERE HAS BEEN NO FIELD WORK
VIEWING OF THE SUBJECT PROPERTY, OR MONUMENTS SETlN CONNECTION. .
Vl.ITHTHE PREPARATION OF 1BIS INFORMATION SHOWN HEREON.
NOTE: LANDS SHOWN HEREON 'WERE NOT ABSJRACTED BY TIlE SURVEYOR
FOR RIGHTS OF WAYS, EASEMENTS OR RESERVATIONS OFRECOP.D
PhOlle:
'-B= (561) 391-4388
8oynton (561) 737-6546
FAX (561) 734-7546
JOSEPH M. TUCKEP.. P.LS.
21 9 S.E.23n:l Ave.' p.o. Bel: 759
8oynton Beach, FL ~35
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EXHIBIT B
LAKE ADDITION TO BOYNTON
ALLEY TO BE ABANDONED
A PORTION OF THE 20.00 FOOT ALLEY LYING PARALLEL TO AND
ADJACENT TO THE FOLLOWING PROPERTY, AS RECORDED BY THE
SUBDIVISION OF LAKE ADDITION TO BOYNTON, AS RECORDED iN
PLAT BOOK 11, PAGE 71, AND PENCE AND KING ADDITION TO TOWN
OF BOYNTON, AS RECORDED IN PLAT BOOK 1, PAGE 50 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS
TO BE ABANDONED ABE DESCRIBED AS FOLLOWS;
THAT PORTION OF THE 20 FOOT ALLEY RIGHT OF WAY, BOUNDED
ON THE EAST BY THE WEST LINE OF LOTS 18 THRU 21, BLOCK 1, OF
LAKE ADDITION TO BOYNTON, AND THE NORTH 5.00 FEET OF LOT
19, PENCE AND KING ADDITION TO BOYNTON; BOUNDED ON THE
WEST BY THE EAST RIGHT-OF-WAY LINE OF THE FLORIDA EAST
COAST RAILROAD RIGHT-OF-WAY; BOUNDED ON THE NORTH BY
THE WESTERLY EXTENSION OF THE NORTH LINE OF LOT 18, BLOCK
1, OF LAKE ADDITION TO BOYNTON; AND BOUNDED ON THE SOUTH
BY THE WESTERLY EXTENSION OF THE SOUTH LINE OF THE
NORTH 5.00 FEET OF LOT 19, PENCE AND KING ADDITION TO
BOYNTON;
CONTAINING 4,135.4 SQUARE FEET, (0.095 ACRES) MORE OR LESS.
EXHIBIT "C"
Conditions of Approval
Project name: JR Watersports
File number: ABAN 09-003
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. Abandonment is contingent upon the dedication of an easement for an X
existing sewer line.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
2. Per provider comments (Bell South), the owner shall provide access for X
servicing of their lines.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S :\PJanning\SHARED\WP\PROJECTS\JR Watersports\ABAN 09-003\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: JR Watersports
APPLICANT'S AGENT: Beril Kruger
APPLICANT'S ADDRESS: 9 NE 16th Street Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 4, 2009
TYPE OF RELIEF SOUGHT: Request for the City to abandon an approximate 206 foot portion of a
20-foot wide, unimproved, public alley which abuts the rear of the proposed business located at 725
North Federal Highway, adjacent to and parallel with the Florida East Coast (FEe) railroad.
LOCATION OF PROPERTY: Alley west of 725 North Federal Hwy
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\JR Watersports\ABAN\DO .doc
KII. - LEGAL - 2nd Reading
Non-Development
ITEM 8.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
0 Julv 7,2009 June 15,2009 June 10, 2009 June 8, 2009
0 Julv 21,2009 Julv 6, 2009 Julv I, 2009 June 29, 2009
IZI August 4, 2009 Julv 20, 2009 Julv 15,2009 Julv 13, 2009
0 August 18, 2009 August 3, 2009 Julv 29, 2009 Julv 27,2009
0 AnnouncementslPresentations 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 Hearin,g 0
RECOMMENDATION: Please place this request on the August 4,2009 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission on July 21, 2009, approved this request under Public Hearing and
Legal, Ordinance - First Reading. For further details pertaining to this request, see attached Department Memorandum No.
09-027.
EXPLANATION:
PROJECT:
AGENT:
DESCRIPTION:
Zoning Permits and Verification (CDRV 09~005)
City-initiated
Request for interim amendments to the Land Development Regulations, Chapter 1,
Article vrn and Chapter 2, Section 4.1 to enable the review for issuance of zoning
permits and zoning verifications.
PROGRAM IMPACT: NM
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
g'~t?;,L;;~
~
lty anager sIgnature
Assistant to City Manager ~
~
,;'
Planning and Zoning Director City Attorney / Finance
S:\PlanningISHARED\WPISPECPROJ\CODE REVIEw\CDRV 09-005 Zoning Pennit enabling text - Ch I, Art VIII, See 4\Agenda Item Request Zoning
Pennits & Verifica,CDRV 09-005 8-4-09 2nd.doe
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
ORDINANCE NO. 09-aJ ~
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING LAND DEVELOPMENT
5 REGULATIONS, CHAPTER 1, ARTICLE VIII,
6 "DEVELOPMENT REVIEWS", BY ADDING A NEW SUB-
7 SECTION 4, "REVIEW OF ZONING PERMITS AND FOR
8 ZONING VERIFICATION" TO ENABLE THE REVIEW
9 FOR ISSUANCE OF ZONING PERMITS AND ZONING
10 VERIFICATIONS; PROVIDING FOR CONFLICTS,
II SEVERABILITY, CODIFICATION AND AN EFFECTIVE
12 DATE.
13
14 WHEREAS, Chapter 1, of the Land Development Regulations is labeled "General
15 Provisions" and principally includes the rules of construction for the Land Development
16 Regulations, definitions and descriptions of procedures such as appeals, development review,
17 administrative adjustments and Notice of Intent; and
18 WHEREAS, these amendments will establish enabling provisions for the new Zoning
19 Permit function of the Planning & Zoning Division; and
20 WHEREAS, this new function includes review of certain improvements or for requests
21 for written zoning verifications, and is in response to, in part. operational changes recently
22 made in the Building Division; and
23 WHEREAS, the City Commission has considered staffs recommendations and reports.
24 and determines and finds that it would be appropriate to amend the Land Development
25 Regulations to reflect this addition; and
26 WHEREAS, the City Commission finds that the adoption of this ordinance is in the
27 best interest of the health, safety, and welfare of the citizens and residents of the City of
28 Boynton Beach.
29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
- J-
S:\CA\Ordinances\LDR ChangeslAmend LDR CH J See 4 I Review of zoning permits) doe
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2
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 1, Article VIII, "Development Reviews" of the Land
5 Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended
6 by adding section 4 as follows:
7
8 Section 4. Review of zoning permits and for zoning verification
9
] 0 A. Scope
] ]
]2
]3
]4
]5
]6
17 B. Applicability
18 The following requests or improvements do not require a building permit but do require a
19 zoning permit or verification. Such improvements or requests include but may not be limited to
20 the following:
2] 1. Accessory buildings (limited to one) in conjunction with a principal residential
22 structure/use and not exceeding 100 square feet. including open air structures such as
23 gazebos, and chickee huts exempt from building permit requirements based on
24 exemption criteria of Florida Statutes (the size limitation does not apply to said chickee
25 huts)~
26 2. Animal enclosures;
27 3. Fences on residential property (single-family, two-family, and single-family attached
28 if fee-simple ownership) up to 6 feet high (unless used as a barrier around a pool. spa, or
29 rooftop equipment);
30 4. Impervious surfaces such as driveways, patios and sidewalks, regardless of surface
31 material (pavers, asphalt. concrete), excluding required handicapped accessible routes,
32 reinforced concrete pads connecting with an existing building to be used as a slab for
33 future building additions, and framed decking improvements. The addition of all such
34 impervious improvements that exceed 800 square feet must comply with Chapter 6, Art.
35 IV, Sec. 5.AA. of these Land Development Regulations;
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S:\CA\Ordinanees\LDR Changes\Amend LDR CH 1 See 4 (Review of zoning permits).doe
I 5. Temporary signs (less than 32 sq. ft. and 6 feet high) and temporary banners/fabric
2 sIgns;
3 6. Sign refacin€!: (only changing sign copy);
4 7. Minor landscape modifications (including modification of existing irrigation systems
5 not involving electrical wiring): and
6 8. Requests for written verification of zoning district or application of Land
7 Development Regulations in general or to a specified property.
8 Any improvement that also includes any electrical, plumbing or other elements that are
9 subject to the Florida Building Code, shall require a building permit and the review that
10 would have been conducted as part of the zoning permit process will occur as part of the
II review of the building permit.
]2 C. Administration
] 3 The Planning & Zoning Director or designee is responsible for the administration of the zoning
] 4 permit and verification processes, including the coordination with other departments or
15 divisions that would participate in said reviews.
16
17 D. Application requirements, process and fees
] 8 The minimum filing requirements and processes for verification, application review and
] 9 certification of completion shall be established by the Planning & Zoning Division. All
20 applications required by this section shall be available in the Planning & Zoning Division and
21 through the city's web site. Fees required for processing requests described in this section shall
22 be approved by resolution and are modified from time to time.
23
24 E. Expiration of zoning permits
25 A zoning permit is valid for 6 months from the date of issuance, excluding temporary signs and
26 banners. If construction of the improvement covered bv the zoning permit has not commenced
27 within 6 months from the date of issuance, the zoning pennit shall expire and be cancelled with
28 written notice to the applicant. An extension of the permit for a period up to 60 days may be
29 requested in writing by the applicant if received by the Division prior to permit expiration. The
30 fee for requesting a permit extension shall be approved by the City Commission and may be
3] modified from time to time.
32
33
34
Section 3.
Each and every other provision of the Land Development Regulations
35 not herein specifically amended, shall remain in full force and effect as originally adopted.
Section 4.
All laws and ordinances applying to the City of Boynton Beach III
36
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S:\CA\Ordinances\LDR Changes\Amend LDR CH I See 4 (Review of zoning pennits).doe
conflict with any provisions of this ordinance are hereby repealed.
2
Section 5.
Should any section or provision of this Ordinance or any portion thereof
3 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
4 remainder of this Ordinance.
Section 6.
Authority is hereby given to codify this Ordinance
5
6
Section 7.
This ordinance shall become effective immediately.
7
FIRST READING this at day of ~, 2009.
SECOND, FINAL READING AND PASSAGE this _ day of
,2009.
8
9
10
I I
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26 ATTEST:
27
28
29
30 Janet M. Prainito, CMC
3 I City Clerk
32
33
34
35 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor- Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
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ORDINANCE NO. 09- C',33
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING LAND DEVELOPMENT
5 REGULATIONS, CHAPTER 2, SECTION 4J "OTHER
6 STRUCTURES", TO ESTABLISH A MINIMUM
7 SETBACK FOR DRIVEWAYS AND OTHER SIMILAR
8 IMPERVIOUS SURFACES; PROVIDING FOR
9 CONFLICTS, SEVERABILITY, CODIFICATION AND AN
]0 EFFECTIVE DATE.
] ]
]2 WHEREAS, there is currently no setback standard applicable to driveways and other
J3 such impervious surfaces; and;
14 WHEREAS, staff is recommending a standard to maximize the on-site retention of
J 5 stormwater run-off and to separate the surface improvements from the water-related
16 improvements, expand upon the surface improvements to include driveways and the related
17 standard; and
18 WHEREAS, the City Commission has considered staffs recommendations and reports.
19 and determines and finds that it would be appropriate to amend the Land Development
20 Regulations to reflect this addition; and
21 WHEREAS, the City Commission finds that the adoption of this ordinance is in the
22 best interest of the health, safety, and welfare of the citizens and residents of the City of
23 Boynton Beach.
24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26
Section 1.
The foregoing whereas clauses are true and correct and are now ratified
27 and confirmed by the City Commission.
28 Section 2. Chapter 2, Section 4J, "Other Structures" of the Land Development
29 Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows:
- ) -
S \CAIOrdinances\LDR Changes\Amend LDR CH 2 SEe 4J (improvements).doc
2 1. OTHER STRUCTURES AND IMPROVEMENTS. To further clarify the definition of
3 structure as applied to all districts and boundaries, the following shall apply except that comer
4 lots shall be regulated by other parts of this ordinance. The following structures and
5 improvements shall be permitted in front, rear or side setbacks as provided in this ordinance, in
6 any zone, except where so noted, and agency authorization shall be required for placement in
7 easements taking into consideration existing easements:
8
*
*
*
9
10 15. Open terraoes, including '..'folkways, ooenelosed deeks and slcHJs, natural plant
11 landsoaping and Daocks, with or without canopy, Docks projecting into waterway owned by a
12 different property owner than the owner of the dock shall require prior approval at time of
13 permitting from the owner of the waterway. In addition, the dock, all mooring piles, groins,
14 seawalls, jetties, revetments, or similar structures and facilities related thereto, shall not extend
15 further into the waterway than 1/4 of the width of the waterway for private or commercial
16 docking and mooring facilities.
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18
19
20
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22
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24
25
26
27
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29
30
31
32
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*
*
*
27. Driveways, open walkways (including poured concrete, pavers, or the like),
terraces, unenclosed decks and slabs provided that driveways and other poured surfaces are
setback a minimum of 2 feet from the property line (unless a lesser setback is approved as part
of an overall site plan or master plan). The addition of all such impervious improvements that
exceed 800 square feet must also comply with Chapter 6, Art. IV, Sec. 5.A.4. of the Land
Development Regulations.
28. Natural plant landscaping.
Section 3.
Each and every other provision of the Land Development Regulations
34 not herein specifically amended, shall remain in full force and effect as originally adopted.
35
Section 4.
All laws and ordinances applying to the City of Boynton Beach In
36 conflict with any provisions of this ordinance are hereby repealed.
37
Section 5.
Should any section or provision of this Ordinance or any portion thereof
- 2 -
S:\CA\Ordinances\LDR Changes\Amend LDR CH 2 SEC 4J (improvements).doc
be declared by a court of competent jurisdiction to be invalid. such decision shall not atTect the
2 remainder of this Ordinance.
3
Section 6.
Authority is hereby given to codify this Ordinance
4
Section 7.
This ordinance shall become effective immediately.
5
7
FIRST READING this ~ ( day of ~,2009.
SECOND, FINAL READING AND PASSAGE this _ day of
,2009.
6
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21
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor- Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
22
23
24
25 ATTEST:
26
27
28 Janet M. Prainito, CMC
29 City Clerk
30
Commissioner - Marlene Ross
31 (Corporate Seal)
.3-
S:\CA\Ordinances\LDR Changes\Amend LDR CH 2 SEC 4J (improvements) doc
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
Memorandum PZ 09-027 (Rev.)
FROM:
Chair and Members
Planning & Develo~menWd
Michael w. Rumprl ~,
Director of Plamring and Zoning
TO:
DATE:
May 15, 2009
SUBJECT:
Zoning Permits - Code amendments enabling the review for issuance of roning permits and
verifications. (CDRV 09-005)
LDR Ch. 1, Art. vrn, Sect. 4. Review of zoning permits and for zoning verification (NEW)
Interim amendments to LDR
NATURE OF REOUEST
Staff proposes amendments to the Land Development Regulations to establish enabling provisions for the new
Zoning Permit function of the Planning & Zoning Division. This new function includes the review of certain
improvements or for requests for written zoning verifications, and is in response to, in part, operational
changes recently made in the Building Division. Such changes include phasing-out the processing of permits
for improvements that are not regulated by the Florida Building Code. Improvements included in this new
process include animal enclosures, driveways and other concrete surface improvements, fences, accessory
buildings, and temporary signs and banners. Whereas previously the Building Division had the lead in
processing such reviews and approvals, the Planning & Zoning Division is now administering these reviews
including the necessary coordination with other required reviewers such as the Engineering Division. The fees
to correspond with the review of these improvements will be proposed to the City Commission as a concurrent
amendment to the overall fee schedule.
BACKGROUND
Until recently, the application of many zoning and other regulations for minor improvements to residential
property took place as part of a joint review of building permits as administered by the Building Division. As
part of a process to limit the building permit review and inspection functions to improvements regulated by the
Florida Building Code, processing of the above-described improvements have been transferred to the Planning
& Zoning Division. This was a logical shift in responsibility given that such improvements are regulated by
the Zoning Code and other standards within the LDR To avoid confusion through a seamless transition, the
Planning & Zoning Division immediately began processing such requests with temporary administrative
processes. However, staff is now proposing the necessary amendments to the Land Development Regulations
to enable and formalize this process under the Planning & Zoning Division. As described below, the
amendments will also include some changes to the roning regulations in connection with improvements in
easements and a minimum side setback for impervious surfaces such as driveways.
PROPOSED AMENDMENTS
The proposed amendments are grouped in two parts. The first group includes those amendments to Chapter 1
of the Land Development Regulations to establish the process through the appropriate enabling sections. The
Page 2
CDRV 09-005
second portion contains minor amendments to Chapter 2, Section 4(J) to emphasize the approval necessary
when improvements are placed in easements, and a few applicable standards and helpful cross-references.
Chapter 1 of the LDR is labeled "General Provisions" and principally includes the "rules of construction" for
the LDR, definitions, and descriptions of procedures such as appeals, development review, administrative
adjustments and Notice of Intent (NOl). The following new code text is proposed to be placed within Article
vrn titled "Development Reviews":
LDR, Chapter 1, Section 4. Review of zoning permits a,,:dfOrzoning verification (NEW)
A. Scope
This section contains the procedures required for issuance of zoning permits and zoning verification letters.
Zoning permits and verification reviews are required when a building permit is not required, but when certain
improvements are to be reviewed for compliance with applicable zoning regulations or other standards within the
city's Code of Ordinances. Verification reviews may also be conducted to research a requestfor written
information regarding zoning or the City's Land Development Regulations.
B. Applicability
The following requests or improvements do not require a building permit but do require a zoning permit or
verification. Such improvements or requests include but may not be limited to the following:
1. Accessory buildings (limited to one) in conjunction with a principal residential structure/use and not
exceeding 100 square feet, including open air structures such as gazebos, and chickee huts exempt from
building permit requirements based on exemption criteria of Florida Statutes (the size limitation does not
apply to said chickee huts);
2. Animal enclosures;
3. Fences on residential property (single-family, two-family, and single-family attached if fee-simple
ownership) up to 6 feet high (unless used as a barrier around a pool, spa, or rooftop equipment);
4. Impervious surfaces such as driveways, patios and sidewalks, regardless of surface material (pavers,
asphalt, concrete), excluding required handicapped accessible routes, reinforced concrete pads connecting
with an existing building to be used as a slab for future building additions, and framed decking
improvements. The addition of all such impervious improvements that exceed 800 square feet must comply
with Chapter 6, ArtlV, See. 5.A.4. of these Land Development Regulations;
5. Temporary signs (less than 32 sq. ft. and 6 feet high) and temporary banners/fabric signs;
6. Sign refacing (only changing sign copy);
7. Minor landscape modifications (including modiftcation of existing irrigation systems not involving
electrical wiring); and
8. Requests for written verification of zoning district or application of Land Development Regulations in
general or to a specified property.
Any improvement that also includes any electrical, plumbing or other elements that are subject to the
Florida Building Code, shall require a building permit and the review that would have been conducted as
part of the zoning permit process will occur as part of the review of the building permit.
C. Administration
The Planning & Zoning Director or designee is responsiblefor the administration of the zoning permit
and verification processes, including the coordination with other departments or divisions that would
participate in said reviews.
Page 3
CDRV 09-005
D. Application requirements, process and fees
The minimum filing requirements and processes for verification, application review and certification of
completion shall be established by the Planning & Zoning Division. All applications required by this
section shall be available in the Planning & Zoning Division and through the city's web site. Fees required
for processing requests described in this section shall be approved by resolution and are modified from
time to time.
E. Expiration of zoning permits
A zoning permit is valid for 6 months from the date of issuance, excluding temporary signs and banners. If
construction of the improvement covered by the zoning permit hasnofcommenced within 6 months from
the date of issuance, the zoning permit shall expire and be cancelled with written notice to the applicant
An extension of the permit for a period up to 60 days may be requested in writing by the applicant if
received by the Division prior to permit expiration. The fee for requesting a permit extension shall be
approved by the City Commission and may be modified from time to time.
The "Applicability" section includes both the list of improvements to be reviewed as a zoning permit, as well
as important standards or cross-references. A zoning permit would be valid for 6 months, and can be extended
through a proper and timely request. Also notable is the inclusion of the zoning verification process which is
used both when responding to a request for written zoning information, and as the approval medium for those
chickee huts exempt from the building permit process. Having the verification mechanism included in this
section, it can easily be used to approve other simple improvements from the above list that are subject to very
few standards and require minimal time to process. This equates to a relatively low approval fee for the public.
The second portion of the amendments includes a few changes to Chapter 2. Zoning, mainly to establish a
minimum setback for driveways and other similar impervious surfaces. There is currently no setback standard
applicable to such improvements; however, staff recommends such a standard to maximize the on-site
retention of stormwater run-off. Item #15 below is being modified to separate the surface improvements from
the water-related improvements, and expand upon the surface improvements to include driveways and the
related standard. The subject amendments are indicated below within excerpts from subsection 4.J, as
indicated by the underlined and crossed-out text:
LDR, Chapter 2, Section 4.J. OTHER STRUCTURES AND IMPROVEMENTS
(See Exhibit "A" for the current version of Section 4.1 in its entirety)
J. OTHER STRUCTURES AND IMPROVEMENTS. To further clarify the definition of structure as
applied to all districts and boundaries, the following shall apply except that corner lots shall be regulated
by other parts of this ordinance. The following structures and improvements shall be permitted in front,
rear or side setbacks as provided in this ordinance, in any zone, except where so noted, and a1!encv
authorization shall be required for "lacement in easements MIEiftt; inM c8nsidervlii8ft ~"g I:!4SemcHts:
15. OpClf. tCf"l'IlCeS, iHelNtliHg walkwllYs, N1IeHel8Setl tleeks ani slaBS, Hatu"iIl plaHt laHtlsetfJ1iftt;
fffHl.. Dtlocks, with or without canopy. Docks projecting into waterway owned by a different property owner
than the owner of the dock shall require prior approval at time of permitting from the owner of the
waterway. In addition, the dock, all mooring piles, groins, seawalls, jetties, revetments, or similar
structures and facilities related thereto, shall not extend further into the waterway than 1/4 of the width of
the waterway for private or commercial docking and mooring facilities.
26. Drivewavs. o"en walkwavs (includin1! poured concrete. "avers. or the like). terraces.
unenclosed decks and slabs vrovided that drivewavs and other voured surfaces are setback a minimum of 2
feet from the vroverlv line (unless a lesser setback is aDvroved as part of an overall site vlan or master
Vlan). The addition of aD. such imvervious imvrovements that exceed 800 square feet must also comvlv
with Chavter 6. Art. IV. See. 5.A.4. of the Land Develovment Re1!ulations.
27. Naturalvlant landsca"inJ!.
Page 4
CDRV 09-005
Although the drainage (a/kIa 800 square foot) provision as indicated in item #26 above was adopted in July.
2007, it is applicable to these minor improvements and therefore should be referenced in this section.
Improvements such as driveway expansions or patio additions are subject to this drainage standard, yet the
preparations for these minor improvements may not involve a review of Chapter 6 of the LDR, which is
written more for large-scale, comprehensive physical site improvements. As for new item #27, Natural plant
landscaping, it is currently combined with other improvements in item #15 and is best isolated as its own
listed improvement.
CONCLUSIONSIRECOMMENDATION""
The administrative procedures to process each permit are being finalized, and the enabling regulations will
provide the necessary foundation to support the new zoning permit function. Staff is devoted to establishing
the most efficient and expeditious processes for the zoning permit system. Establishing a simple system is very
important given the staff observation that the typical permit applicant has been an individual property owner,
in contrast with the professional contractor or permit handler who is the principal customer of the building
permit function. Staff recommends that the subject code amendments be approved in conjunction with the
transfer of certain permit responsibilities from the Building Division to the Planning & Zoning Division. As
for corresponding amendments to the City's fee schedule, the applicable changes are being processed
concurrently under a proposed resolution for Commission consideration.
Attachments
MR
Page 5
CDRV 09-005
EXHIBIT "A"
EXISTING REGULATIONS
LDR, Chapter 2, Section 4.J. OTHER STRUCTURES AND IMPROVEM/iNTS
J. OTHER STRUCTURES. To further clarify the definition of structure as applied to all districts and
boundaries, the following shall apply except that corner lots shall be regulated by other parts of this
ordinance. The following structures shall be permitted in front, rear or side setbacks as provided in this
ordinance, in any zone, except where so noted; taking into consideration existing easements:
1. Fences, hedges and walls shall not exceed eight (8) feet in height, above fmished grade, in
residential zones, except that in front setbacks, from the building line forward to the property line, the
maximum height shall be four (4) feet. On corner lots, both road frontages are subject to the four (4) foot
height limitation, in accordance with Chapter 2, Section 4.E., "Visual Obstructions". In Multi-family zones,
the maximum height within the front yard setback shall be six (6) feet (chain link fences shall be used only in
combination with hedge that shall be maintained at height of fence). Hedges situated adjacent to golf courses,
golf driving ranges, interstate highways or parcels supporting railroad tracks shall not exceed ten (10) feet in
height, above finished grade, When walls or fences are constructed as a part of a subdivision or site plan
approval adjacent to a public right-of-way, consistent with this section, a setback of a minimum of eighteen
(18) inches must be maintained for landscaping purposes.
2, Fences, hedges and walls in other zones shall not exceed six (6) feet in height, above finished
grade except in PID and M-l zones, chain link fences shall be allowed to eight feet height and may be top-ped
by not more than three strands of barbed wire. Hedges situated adjacent to golf courses, golf driving ranges,
interstate highways or parcels supporting railroad tracks shall not exceed ten (10) feet in height, above
finished grade.
3. Eaves, cornices, gutters, facia boards, copings, soffits, downspouts, belt courses, window sills, window
and/or door trim, applied finish materials, roof and/or equipment vents, sillcocks, fire hose cOlmections,
meters, sand boxes, light fixtures, hardware, shutters, bay windows, dripcaps, telephone and cable boxes,
electrical risers and outlets, window boxes, thermometers, handrails, condensate drains, shower heads and
ornamental architectural features shall not overhang or exceed the setback lines for more than three (3) feet.
4. Rock gardens.
5. Fish or lily ponds, eighteen-inch maximum depth.
6. Private pump housing, and pool/spa equipment, not to exceed three (3) feet in height and not
installed in front yards.
7. Arbors and trellises, provided that there shall be maintained a minimum three (3) foot setback from
property line. In addition, there shall be a maximum height often (10) feet. A greater height will be allowed
if the trellis is an extension of an eave/facia.
8. Permanent or retractable awnings, canopies, storm shutters, marquees or covered walkways
projecting from a building wall over a required yard setback not more than two and one-half (2Y2) feet, and
having no supports other than provided by the wall or its integral part.
9. Chimneys projecting not more than three (3) feet into the required yard setback.
Page 6
CDRV 09-005
10. Fire escapes or unenclosed staircases, the riser of which shall be at least fifty (50) percent open,
provided that the vertical projection downward onto a required yard setback shall not project more than five
(5) feet into, and shall not exceed ten (10) percent of, the area of the required yard setback.
11. Flagpoles having only one structural ground member. Flags projecting off of a structure shall not
extend beyond the setback line for more than three feet and in no case shall extend beyond the property line.
12. Fountains; provided that nonportable fountains shall not exceed nine (9) feet in height, shall be
setback three (3) feet from side and rear property lines and shall occupy no more than 100 square feet
13. Heating, ventilation and air conditioning units (including compressors and condensers) for single-
family or duplex dwellings, provided the exhaust air from such units is directed vertically or away from the
adjacent property line. Heating, ventilation and air conditioning units and intake and exhaust fans for
nomesidential uses shall be set back a minimum of five (5) feet from property line.
14. Mailboxes and newspaper boxes.
15. Open terraces, including walkways, unenclosed decks and slabs, natural plant landscaping and
docks, with or without canopy. Docks projecting into waterway owned by a different property owner than the
owner of the dock shall require prior approval at time of permitting from the owner of the waterway. In
addition, the dock, all mooring piles, groins, seawalls, jetties, revetments, or similar structures and facilities
related thereto, shall not extend further into the waterway than 1/4 of the width of the waterway for private or
commercial docking and mooring facilities.
16. Open, uncovered stoops, steps and platforms for the principal building, but not to exceed three
(3) feet in height
17. Recreational equipment (of the type not requiring a permit) in the rear yard setback in residential
districts.
18. Sculpture or other similar objects of art, provided they meet the same requirements above for
fountains.
19. Signs, subject to the provisions of the sign code.
20. Trees, shrubbery or other objects of natural growth.
21. Wells.
22. Utility, cable and telephone transmission lines and associated structures, such as poles.
23. Basketball goals, provided there is a minimum three (3) foot setback from the rear and side
interior property lines and a minimum fifteen (15) foot setback from front and side street property lines.
24. Light poles having only one (1) structural ground member and portable landscape lighting.
25. Barbecue pits not to exceed six (6) feet by six (6) feet and provided they are set back three (3)
feet from side and rear property lines.
26. Raised planters, provided they are set back three (3) feet from side and rear property lines and
shall have a maximum height of six (6) feet.
All other structures similar to the a?ove shall require applications to the development director.
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enabling amendments (Rev.).doe
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CDRV 09-005
EXHIBIT "A"
EXISTING REGULATIONS
LDR, Ch4pter 2, Section 4.J. OTHER STRUCTURES AND IMPROVEMENTS
J. OTHER STRUCTURES. To further clarify the definition of structure as applied to all districts and
boundaries, the following shall apply except that comer lots shall be regulated by other parts of this
ordinance. The following structures shall be permitted in front, rear or side setbacks as provided in this
ordinance, in any zone, except where so noted; taking into consideration existing easements:
1. Fences, hedges and walls shall not exceed eight (8) feet in height, above finished grade, in
residential zones, except that in front setbacks, from the building line forward to the property line, the
maximum height shall be four (4) feet. On corner lots, both road frontages are subject to the four (4) foot
height limitation, in accordance with Chapter 2, Section 4.E., "Visual Obstructions". In Multi-family zones,
the maximum height within the front yard setback shall be six (6) feet (chain link fences shall be used only in
combination with hedge that shall be maintained at height offence). Hedges situated adjacent to golf courses,
golf driving ranges, interstate highways or parcels supporting railroad tracks shall not exceed ten (10) feet in
height, above finished grade. When walls or fences are constructed as a part of a subdivision or site plan
approval adjacent to a public right-of-way, consistent with this section, a setback of a minimum of eighteen
(18) inches must be maintained for landscaping purposes.
2. Fences, hedges and walls in other zones shall not exceed six (6) feet in height, above finished
grade except in PID and M-l zones, chain link fences shall be allowed to eight feet height and may be top-ped
by not more than three strands of barbed wire. Hedges situated adjacent to golf courses, golf driving ranges,
interstate highways or parcels supporting railroad tracks shall not exceed ten (10) feet in height, above
finished grade.
3. Eaves, cornices, gutters, facia boards, copings, soffits, downspouts, belt courses, window sills, window
and/or door trim, applied finish materials, roof and/or equipment vents, sillcocks, fire hose connections,
meters, sand boxes, light fixtures, hardware, shutters, bay windows, dripcaps, telephone and cable boxes,
electrical risers and outlets, window boxes, thermometers, handrails, condensate drains, shower heads and
ornamental architectural features shall not overhang or exceed the setback lines for more than three (3) feet.
4. Rock gardens.
5. Fish or lily ponds, eighteen-inch maximum depth.
6. Private pump housing, and pooVspa equipment, not to exceed three (3) feet in height and not
installed in front yards.
7. Arbors and trellises, provided that there shall be maintained a minimum three (3) foot setback from
property line. In addition, there shall be a maximum height of ten (10) feet. A greater height will be allowed
if the trellis is an extension of an eave/facia.
8. Permanent or retractable awnings, canopies, storm shutters, marquees or covered walkways
projecting from a building wall over a required yard setback not more than two and one-half (2 Y2) feet, and
having no supports other than provided by the wall or its integral part.
9. Chirrmeys projecting not more than three (3) feet into the required yard setback.
Page 6
CDRV 09-005
10. Fire escapes or unenclosed staircases, the riser of which shall be at least fifty (50) percent open.
provided that the vertical projection downward onto a required yard setback shall not project more than five
(5) feet into, and shall not exceed ten (0) percent of, the area of the required yard setback.
11. Flagpoles having only one structural ground member. Flags projecting off of a structure shall not
extend beyond the setback line for more than three feet and in no case shall extend beyond the property line.
12. Fountains; provided that nonportable fountains shall not exceed nine (9) feet in height, shall be
setback three (3) feet from side and rear property lines and shall occupy no more than 100 square feet.
13, Heating, ventilation and air conditioning units (including compressors and condensers) for single-
family or duplex dwellings, provided the exhaust air from such units is directed vertically or away from the
adjacent property line. Heating, ventilation and air conditioning units and intake and exhaust fans for
nonresidential uses shall be set back a minimum of five (5) feet from property line.
14. Mailboxes and newspaper boxes.
15. Open terraces, including walkways, unenclosed decks and slabs, natural plant landscaping and
docks, with or without canopy. Docks projecting into waterway owned by a different property owner than the
owner of the dock shall require prior approval at time of permitting from the owner of the waterway. In
addition, the dock, all mooring piles, groins, seawalls, jetties, revetments, or similar structures and facilities
related thereto, shall not extend further into the waterway than 1/4 of the width of the waterway for private or
commercial docking and mooring facilities.
16. Open, uncovered stoops, steps and platforms for the principal building, but not to exceed three
(3) feet in height.
17. Recreational equipment (of the type not requiring a permit) in the rear yard setback in residential
districts.
18. Sculpture or other similar objects of art, provided they meet the same requirements above for
fountains.
19. Signs, subject to the provisions of the sign code.
20. Trees, shrubbery or other objects of natural growth.
21. Wells.
22. Utility, cable and telephone transmission lines and associated structures, such as poles.
23. Basketball goals, provided there is a minimum three (3) foot setback from the rear and side
interior property lines and a minimum fifteen (15) foot setback from front and side street property lines.
24. Light poles having only one (1) structural ground member and portable landscape lighting.
25. Barbecue pits not to exceed six (6) feet by six (6) feet and provided they are set back three (3)
feet from side and rear property lines.
26. Raised planters, provided they are set back three (3) feet from side and rear property lines and
shall have a maximum height of six (6) feet.
All other structures similar to the above shall require applications to the development director.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\Zoning Permit enabling text - Ch 1, Art VIIl, See 4\staff report - zoning permit enabling
amendments.doc
,', ?('~
:,r
"\'
(-
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL - 2nd Reading
Non-Development
ITEM 8.2
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
0 July 7,2009 June 15,2009 June 10, 2009 June 8, 2009
0 July 21,2009 July 6, 2009 July I, 2009 June 29, 2009
~ August 4, 2009 Julv 20, 2009 July 15, 2009 July 13, 2009
0 August 18, 2009 August 3, 2009 July 29, 2009 July 27,2009
0 AnnouncementslPresentations 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: Please place this request on the August 4,2009 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission on July 21,2009, approved this request under Public Hearing and
Legal, Ordinance - First Reading. For further details pertaining to this request, see attached Department Memorandum No.
09-039.
EXPLANATION:
PROJECT:
Non-residential uses within residential zoning districts ~ Establishment of
Pre-existing provisions and related improvements (CDRV 09-006)
City-initiated
Request for interim amendments to the Land Development Regulations, Chapter 2,
Zoning, Section 11(C) to establish provisions, related improvements, and expansion limits
applicable to non-conforming churches within single-family zoning districts.
AGENT:
DESCRIPTION:
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
~~~t6:m
~C'M~S'
Ity anager sIgnature
Assistant to City Manager ~
~-
/" Planning and Zoning Director City Attorney / Finance
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 09-006 Non-residential uses (churches)\Agenda Request Pre-exist churches in residential
zoning dist.CDRV09-006 8-4-09 2nd.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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ORDINANCE NO. 09- 03J.f
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING LAND DEVELOPMENT
5 REGULATIONS, CHAPTER 2, SECTION 11,
6 "SUPPLEMENTAL REGULATIONS", SUB-SECTION C,
7 "NON-RESIDENTIAL USES IN SINGLE-F AMIL Y
8 ZONING DISTRICTS", BY ADDING SUB-SECTION 4 TO
9 ALLOW IMPROVEMENTS AND EXPANSIONS OF PRE-
10 EXISTING PLACES OF WORSHIP, REQUIRE
II IMPROVEMENTS TO EXISTING FACILITIES AND
12 PROPERTIES AND ESTABLISH MAXIMUM LIMITS ON
13 FACILITY EXP ANSIONS; PROVIDING FOR
14 CONFLICTS, SEVERABILITY, CODIFICATION AND AN
IS EFFECTIVE DATE.
16
17 WHEREAS, Chapter 2, Section 11, "Supplemental Regulations", Sub-Section C.
18 "Non-Residential Uses Within Residential Zoning Districts" of the current zoning regulations
19 pleases restrictions and limitations on the development of non-residential uses within single-
20 family neighborhoods; and
21 WHEREAS, the City Commission has recently been made aware of the need to expand
22 an existing church within the Heart of Boynton Redevelopment Area, which is not allowed by
23 existing city regulations; and
24 WHEREAS, staff is recommending a code amendment that would allow for a desired
25 expansion of a church, while placing limits on ultimate facility expansions and requiring a
26 minimum building and site improvements that would contribute to the revitalization of existing
27 neighborhoods and the furthering of an adopted redevelopment plan; and
28 WHEREAS, the City Commission has considered staff s recommendations and reports,
29 and determines and finds that it would be appropriate to amend the Land Development
30 Regulations to ret1ect this addition; and
31 WHEREAS, the City Commission finds that the adoption of this ordinance is in the'
-1-
S:ICAIOrdinanceslLDR ChangeslAmend LDR CH 2 SEC J lC(4)(NON-RESIDENTlAL PRE-EX1ST1NG) doc
best interest of the health, safety, and welfare of the citizens and residents of the City of
2 Boynton Beach.
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 are now ratified
6 and confirmed by the City Commission.
7 Section 2. Chapter 2, Section II.C. of the Land Development Regulations of the
8 City of Boynton Beach Code of Ordinances is hereby amended by adding section 4 as follows:
9
]0
C.
NON-RESIDENTIAL USES IN SINGLE-F AMIL Y ZONING
DISTRICTS
] ]
]2
]3
]4
]5
]6
]7
]8
]9
20
2]
22
23
24
25
26
27
28
29
30
3]
32
33
34
35
36
37
*
*
*
4.
worship that
req uirements
requirements:
Expansions and improvements to, and redevelopment of pre-existing places of
do not meet the minimum lot standards of the zoning district, or the other
of Section 11(C)(3) shall be allowed in accordance with the following
a. Improvements shall only be allowed if the subiect property was under proper
ownership prior to the adoption of these regulations. Ownership shall be based on the records of
the County Property Appraiser's Office.
b Rights-of-way for primary access shall be adequate and improved m
accordance with (Engineering Design Handbook and Construction Standards);
c. The size of building improvements shall be allowed up to a maximum of
100% of the pre-existing area.
d. Expansions that would increase operational space or capacity. shall require
that all existing parking areas and related landscaping meet the requirements of the City's Land
Development Regulations.
e. Parking requirement - Proiects eligible for parking space reductions of the
MLK Overlay District, shall be required to meet a minimum of 75% of the space requirements
indicated by Chapter 2, Section Il(H)(15).
f. Non-confonning and blighted conditions - Expansions that increase
operational space or capacity shall require improvements to all existing facilities to raise them
to a similar appearance level as the proposed improvements and additions. Sidewalks shall be
- 2-
S:\CA\Ordinances\LDR Changes\Amend LDR CH 2 SEC I IC(4)(NON-RESIDENTIAL PRE-EXlSTING).doc
I added or improved where partially or totally absent along the boundarv of the subiect use. Thi'
2 requirement shall apply to all parcels used to the support the principal use, including those 1m,
3 that abut the principal lot or that are separated from the principal lot bv other properties or
4 rights-of-way.
5
6 g. Design - Additions or new facilities shall be designed to be compatible with
7 its surroundings and/or an adopted community redevelopment plan to further the historic and
8 architectural character of the neighborhood.
9
10 h. No newly proposed physical improvements other than a walllfence or
II landscaping shall be placed closer than 30 feet from a parcel containing, or zoned for a single-
12 family residence.
13
14 i. Any outdoor play areas shall be located a minimum of 30 feet from a parcel
15 containing, or zoned for a single-family residence.
16
17 i. The foregoing conditions shall also apply to any repairs or reconstruction
18 required due to damage from fire, a maior storm event or other natural occurrence.
19
20
21
Section 3.
Each and every other provision of the Land Development Regulations
22 not herein specifically amended, shall remain in full force and effect as originally adopted.
23
Section 4.
All laws and ordinances applying to the City of Boynton Beach In
24 conflict with any provisions of this ordinance are hereby repealed.
25
Section 5.
Should any section or provision of this Ordinance or any portion thereof
26 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
27 remainder of this Ordinance.
28
Section 6.
Authority is hereby given to codify this Ordinance
29
Section 7.
This ordinance shall become effective immediately.
- 3 -
S:\CA\Ordinances\LOR ChangeslAmend LOR CH 2 SEC ] IC(4)(NON-RESIDENTIAL PRE-EXISTING) doc
I
,
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1\
3
FIRST READING this ~ day of JU.1l ,2009.
SECOND, FINAL READING AND PASSAGE this _ day of
,2009.
2
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 ATTEST:
22
23
24
25
26 Janet M. Prainito, CMC
27 City Clerk
28
29
30
31 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
-4-
S\CA\Ordinances\LOR Changes\Amend LOR CH 2 SEC IIC(4)(NON-RESIDENTIAL PRE-EXISTING).doc
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
Memorandum PZ 09-039
TO:
Chair and Members
,Planning & Development Board
Quintus Greene
Director of Develo~lfe~ ./
Michael W. Rumpf~
Director ofPlanningVand Zoning
June 11, 2009
Non-residential uses within residential zoning districts - Establishment of
Pre-existing provisions and related improvements (CDRV 09-006)
LDR Ch. 2, Section II(C) new Subsection (4)
Interim amendment to LDRs
THROUGH:
FROM:
DATE:
RE:
BACKGROUND
In 2004 the City's Land Development Regulations were amended placing restnctlOns and
limitations on the development of non-residential uses that the zoning regulations allowed within
single-family neighborhoods, Recognizing that such uses may be intrusive to the fabric of the
single- family neighborhoods, the new provisions, in part, require that such uses be located on an
arterial or collector road, thereby requiring them at the periphery of the neighborhood and
minimizing impacts from traffic and noise (see Department Memorandum 04-167). As typical of
most regulations, it allows the continuation of pre-existing (a.k.a non-conforming) uses;
however, such regulations prevent the expansion or intensification of such non-conforming uses.
The City Commission has recently been made aware of the need to expand an existing church
within the Heart of Boynton Redevelopment Area, which is not allowed by existing city
regulations. Therefore, the City Commission has directed staff to propose the necessary code
amendments that would allow for expansions and modifications of such pre-existing places of
worship.
PROPOSED AMENDMENTS
It is a simple task of merely adding non-conforming provisions to selected code sections.
However, staffhas reviewed current regulations and approached this task with the objective of
protecting single-family neighborhoods (also see Comprehensive Plan Objective 1.12).
As part of the preparation of this amendment staff reviewed the Heart of Boynton (HOB)
Redevelopment Plan and Downtown Master Plan for applicable information. The HOB Plan
recognizes the significance of churches within the redevelopment area, their contribution to the
history of the area, and their role in neighborhood revitalization. However, the redevelopment
plan also notes the high number of churches and land area occupied by them, which limits
opportunities for land assemblage and redevelopment. The plan also describes many of the
CDRV 09-006
Page 2
existing places of worship as contributing to blighted conditions. This situation is still apparent
today with many of the churches needing fac;ade improvements and roof maintenance, as well as
having code deficiencies with respect to parking lot surfaces and landscaping.
These proposed amendments have therefore been drafted to 1) allow improvements and
expansions of pre-existing places of worship; 2) require improvements to existing facilities and
properties; and 3) establish maximum limits on facility expansions. The proposed code
amendments consist of the addition of a new subsection within Chapter 2 of the LDR, under
Section II(C), which reads as follows:
4. Expansions and improvements to, and redevelopment of pre-existing places of
worship that do not meet the minimum lot standards of the zoning district, or the other
requirements of Section 11 (C)(3) shall be allowed in accordance with the following
requirements:
a. Improvements shall only be allowed if the subject property was under proper
ownership prior to the adoption of these regulations. Ownership shall be based on the records
of the County Property Appraiser's Office.
b Rights-of-way for primary access shall be adequate and improved in
accordance with (Engineering Design Handbook and Construction Standards);
c. The size of building improvements shall be allowed up to a maximum of
100% of the pre-existing area.
d. Expansions that would increase operational space or capacity, shall require
that all existing parking areas and related landscaping meet the requirements of the City's
Land Development Regulations.
e. Parking requirement - Projects eligible for parking space reductions of the
MLK Overlay District, shall be required to meet a minimum of 75% of the space requirements
indicated by Chapter 2, Section 11 (H)(15).
f. Non-conforming and blighted conditions - Expansions that increase
operational space or capacity shall require improvements to all existing facilities to raise them
to a similar appearance level as the proposed improvements and additions. Sidewalks shall be
added or improved where partially or totally absent along the boundary of the subject use.
This requirement shall apply to all parcels used to the support the principal use, including
those lots that abut the principal lot or that are separated from the principal lot by other
properties or rights-of-way.
g. Design - Additions or new facilities shall be designed to be compatible with its
surroundings and/or an adopted community redevelopment plan to further the historic and
architectural character of the neighborhood.
h. No newly proposed physical improvements other than a wall/fence or
landscaping shall be placed closer than 30 feet from a parcel containing, or zoned for a single-
family residence.
CDRV 09-006
Page 3
i. Any outdoor play areas shall be located a minimum of 30 feet from a parcel
containing, or zoned for a single-family residence.
j. The foregoing conditions shall also apply to any repairs or reconstruction
required due to damage from fire, a major storm event or other natural occurrence.
SUMMARY RECOMMENDATION
Staff proposes the above-described amendments in response to the Commission directive. Staff
forwards these amendments understanding that they would allow for a desired expansion of a
church, while placing limits on ultimate facility expansions, and requiring minimum building and
site improvements that would contribute to the revitalization of existing neighborhoods and the
furthering of an adopted redevelopment plan. It should be noted that staff does not recommend
that such non-conforming/pre-existing provisions be applicable to other non-residential uses
allowed under Subsection 11.C.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 09-005 Non-residential uses (churches)\CDRV 09-005 Non-residential uses
within residential zoning.doc
r((
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XII. - LEGAL - 2nd Reading
Non-Development
CITY OF BOYNTON BEACH ITEM B.3
AGENDA ITEM REQUEST FORl\.
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
D July 7, 2009 June 15,2009 June 10, 2009 June 8, 2009
D July 21,2009 July 6, 2009 July I, 2009 June 29,2009
181 August 4, 2009 July 20, 2009 July 15,2009 July 13, 2009
D August 18, 2009 August 3, 2009 Julv 29,2009 Julv 27,2009
D Announcements/Presentations D City Manager's Reoort
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda 181 Legal - Other - Second Reading
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION:
percent.
Adoption of an Ordinance reducing the water utility rates by seven (7%)
EXPLANATION: At the budget workshop on July 14, 2009, Commissioner Weiland requested to
discuss at the next City Commission meeting the possibility of reducing the water rates by seven (7%)
percent, which were increased on May 1, 2009 via Ordinance 09-019. That would be accomplished
through the adoption of the draft Ordinance which accompanies this agenda item. The current water
rates are attached hereto.
PROGRAM IMPACT: The proposed budget called for a 7% rate reduction, which would be effective
October 1 st. This ordinance moves up the effective date by about two months.
FISCAL IMPACT: Annual impact: $2,443,609. A two-month additional impact with early
implementation would be: $407,000. The 7% rate reduction would be across the board as more
specifically delineated on Exhibit "A" attached.
ALTERNATIVES, Do not approve the ordinance and rate redUct~
Department Head's Signature City Manager's Signature----
Assistant to City Manager ~
City Attorney
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
II
I II
2
ORDINANCE NO. 09- ~~. :" '7
3
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING ORDINANCE 09-019 AND THE WATER
AND SANITARY SEWER RA TES EST ABLISHED
THEREIN; PROVIDING FOR A SEVEN (7%) PERCENT
ACROSS THE BOARD RATE REDUCTION TO ALL
RA TE CATEGORIES; AND PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
4
5
6
7
8
9
10
11
12
13
14 WHEREAS, on April 21, 2009, the City Commission of the City of Boynton Beach
15 adopted Ordinance 09-019 which implemented water and sanitary sewer rate increases; and
16 WHEREAS, the City Commission has determined that the rate increases have had a
17 significant negative impact on City rate payers; and
18 WHEREAS, a seven (7%) percent reduction across the board would result In
19 immediate relief; and
20 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the
21 best interests of the citizens and residents of the City to reduce the water and sanitary sewer
22 rates established by Ordinance 09-019 by seven (7%) percent across the board as more
23 specifically delineated on Exhibit "A" attached hereto.
24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26
Section 1.
Each Whereas clause set forth above IS true and correct and
27 incorporated herein by this reference.
28 II
Section 2.
That all water and sanitary sewer rate categories established by
29 Ordinance 09-019 shall be reduced by seven (7%) percent across the Board as more
2
I
I specifically delineated on Exhibit "A" attached hereto.
I
Section 3.
All ordinances or parts of ordinances in conflict herewith be and the
3
same are hereby repealed.
4
Section 4.
Should any section or provision of this ordinance or portion hereof,
5 any paragraph, sentence or word be declared by a court of competent jurisdiction to be
6 invalid, such decision shall not affect the remainder of this ordinance.
7
Section 5.
Authority is hereby granted to codify said ordinance.
8
Section 6.
This ordinance shall become effective
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
FIRST READING this _ day of
,2009.
SECOND, FINAL READING AND PASSAGE this
,2009.
day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor- Woodrow L. Hay
Commissioner - Ronald Weiland
ATTEST:
Commissioner - Jose Rodriguez
Janet M. Prainito, CMC
City Clerk
Commissioner - Marlene Ross
(CORPORATE SEAL)
35
S:ICAIOrdinances\Utilit)\Water Rates reduction 0910 (072709 rev).doc
2
Proposed rates with 7% Across the Board Reduction
SCHEDULE I. POTABLE WATER RATES
Fiscal Year Base Facility Base Facility 0-9,000 gallonsl 9,001-30,000 30,001-50,000 Over 50,000
Charge Charge month wi 7% gallons month wi gallonsl month wi gallonsl month
(Residential) wi 7% (Commercial) wi decrease 7% decrease 7% decrease wi 7% decrease
decrease 7% decrease
2008-09 $10.02 $20.03 $1.41 $2.53 $3.37 $4.15
2009-1 0 $10.02 $20.03 $1.41 $2.53 $3.37 $4.15
2010-11 $10.76 $21.51 $1.44 $2.58 $3.44 $4.24
2011-12 $11.11 $22.23 $1.46 $2.60 $3.48 $4.28
2012-13 $12.01 $22.23 $1.49 $2.66 $3.55 $4.38
Fiscal Year Base Facility Base Facility 0-9,000 gallonsl 9,001-30,000 30,001-50,000 Over 50,000
Charge Charge month wi 7% gallons month wi gallonsl month wi gallonsl month
(Residential) wi 7% (Commercial) wi decrease 7% decrease 7% decrease wi 7% decrease
decrease 7% decrease
2008-09 $12.52 $25.04 $1.77 $3.16 $4.20 $5.20
2009-10 $12.52 $25.04 $1.77 $3.16 $4.20 $5.20
2010-11 $13.45 $26.90 $1.80 $3.23 $4.30 $5.30
2011-12 $13.89 $27.78 $1.82 $3.26 $4.33 $5.36
2012-13 $15.00 $30.01 $1.87 $3.33 $4.44 $5.48
SCHEDULE II. WASTEWATER RATES
Fiscal Year Base wi 7% Commodity Rate Rate If No Water
decrease (Dollars per Meter wi 7%
Thousand decrease
Gallons) wi 7%
decrease
2008-09 $15.38 $1.84 $28.29
2009-1 0 $15.38 $1.84 $28.29
2010-11 $16.29 $1.87 $29.41
2011-12 $16.58 $1.88 $29.75
2012-13 $17.97 $1.93 $31.43
Fiscal Year Base wi 7% Commodity Rate Rate If No Water
decrease (Dollars per Meter wi 7%
Thousand decrease
Gallons) wi 7%
decrease
2008-09 $19.23 $2.31 $35.39
2009-1 0 $19.23 $2.31 $35.39
2010-11 $20.38 $2.34 $36.78
2011-12 $20.73 $2.35 $37.22
2012-13 $22.46 $2.41 $39.32
/' 1/"' I t" i? . '.1"-- l! ;/1. ) J
r:::. ,A. tv L) I T
'-?; y~ i~
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t',..
XII. - LEGAL - 1st Reading
ITEM C.1
,>
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 ri121, 2009
o 5,2009
o 19,2009
o June 2, 2009
0 June 16, 2009
0 Jul
0 Jul
[8J st 4, 2009
NATURE OF
AGENDA ITEM
o AnnouncementslPresentations
o Administrative
o Consent A enda
o
o Public Hearin
o Cit
o
[8J
o Unfinished Business
o
RECOMMENDATION: Motion to approve the abandonment of existing easements of the record plat known as LAS
VENTANAS for the expansion of Woolbright Road to add an additional eastbound turning lane onto South Federal Highway.
The legal description is attached as Exhibit "A".
EXPLANATION: The development known as LAS VENTANAS was recorded as a boundary record plat in Plat Book 110,
Pages 89 & 90, according to the Public Records of Palm Beach County, Florida. As contained within the plat document, the
city imposed a 10-foot utility easement along its southern border and a superimposed 5-foot limited access easement to
control ingress and egress points.
Palm Beach County Traffic Engineering Division of the County's Department of Public Works and Engineering in
conjunction with the developer, desires to add an additional left turn lane at the intersection of South Federal Highway, and as
such needs to grant a subordination easement over the southern 3.85 feet of the recorded record plat. The developer of the
project is in the process of granting the easement to Palm Beach County, however the City of Boynton Beach needs to
abandon its imposed easements fIrst to allow for the developer to grant the County the necessary easement for this purpose.
PROGRAM IMPACT: The abandonment will facilitate the relocation of an existing traffic signal system on Woolbright
Road, to halfway between South Federal Highway and the FEC RR crossing.
FISCAL IMPACT: N / A
Ass tant to City Manager ~
Public Works / Engineering Division
Department Name
Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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28
ORDINANCE NO. 09 -
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA ABANDONING
THE LEGAL DESCRIPTION AND SKETCH FOR THE
SOUTH EDGE OF LAS VENT ANAS DEVELOPMENT
TO ALLOW THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY,
FLORIDA AND THE DEVELOPER OF LAS VENT ANAS
TO EXPAND WOOLBRIGHT ROAD FOR ROADWAY
PURPOSES ONLY; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the development known as LAS VENT ANAS was recorded as a
boundary record plat in Plat Book 110, Pages 89 & 90, on August 13, 2007 accordingly to the
Public Records of Palm Beach County, Florida; and
WHEREAS, the City of Boynton Beach, Florida (the City), imposed a 1 a-foot utility
easement (D.E.) along its southern border with Woolbright Road (a Palm Beach County
roadway), and superimposed a 5-foot Limited Access Easement (L.A.E.) to control ingress
and egress points; and
WHEREAS, the right-of-way for Woolbright Road along its southern border was
indentified as an 80-foot right-of-way width; and
WHEREAS, Palm Beach County desires to utilize a portion of the easement(s) to
expand the roadway typical section for the addition of an eastbound left turn lane along
29 Woolbright Road.
30 I NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF
31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
, I
, I
! I
, I
Section 1.
2 herein by this reference.
3
Section 2.
The foregoing Whereas clauses are true and correct and incorporated
The legal description and sketch for an easement over the south edge of
4 the LAS VENT ANAS property was developed by Perimeter Surveying & Mapping of Boca
5 Raton, Florida, and is attached in three (3) sheets.
6
Section 3.
That the City of Boynton Beach shall no longer require the easements
7 noted in Section 1 above, thus allowing the Board of County Commissioners of Palm Beach
8 County, Florida and the Developer of LAS VENTANAS to implement the desired typical
9 section for Woolbright Road as previously noted for said expansion.
10
Section 4.
All ordinances or parts of ordinances in conflict herewith be and the
11 same are hereby repealed.
12
Section 5.
Should any section or provision of this Ordinance or portion hereof, an
13 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
14 such decision shall not affect the remainder of this Ordinance.
15
16
17
18
19
20
21
Section 6.
Section 7.
Authority is hereby granted to codify this said Ordinance as necessary.
This Ordinance shall become effective immediately after passage.
FIRST READING this _ day of
,2009.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLNK]
1 SECOND, FINAL READING AND PASSAGE this _ day of
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 ATTEST:
20
21
22 Janet M. Prainito, CMC
23 City Clerk
24
25
26 (CORPORATE SEAL)
27
,2009,
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
I49A Clint Moore Road
Boca Raton, Florida 33487
EXHIBIT A - EASEMENT
~~
SURVEYING & MAPPING
Certificate of Authorization No. LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
LAS VENTANAS- EASEMENT
LEGAL DESCRIPTION:
A PORTION OF TRACTS G, RD-1 AND E, OF "LAS VENTANAS", ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 110, PAGES 89 AND 90 OF THE . PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT G; THENCE NORTH 89019'55"
EAST, ALONG THE SOUTH LINE OF SAID TRACT G, A DISTANCE OF 233.55 FEET TO THE POINT
OF BEGINNING; THENCE NORTH 00040'05" WEST, A DISTANCE OF 3.85 FEET; THENCE NORTH
89019'55" EAST, A DISTANCE OF 596.09 FEET; THENCE SOUTH 44022'15" WEST, ALONG THE
SOUTHEAST LINE OF SAID TRACT E, A DISTANCE OF 5.45 FEET; THENCE SOUTH 89019'55"
WEST. ALONG THE SOUTH LINE OF SAID TRACTS E, RD-1, AND G, A DISTANCE OF 592.24 FEET
TO THE POINT OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH. PALM BEACH COUNTY, FLORIDA.
ABBREVIATIONS
L ARCLENGTH
CONC. CONCRETE
COR. CORNER
D DEL TA (CENTRAL ANGLE)
L.A.E. LIM1TED ACCESS EASEMENT
L.B. LICENSED BUSINESS
L.S. LICENSED SURVEYOR
MON. MONUMENT
O.R.B. OFFIC1AL RECORDS BOOK
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
P.B. PLAT BOOK
P.B.C.R. PALM BEACH COUNTY RECORDS
PG. PAGE
P.S.M. PROFESSIONAL SURVEYOR
a MAPPER
RIGHT-OF-WAY
UT I L[ TY EASEMENT
RIW
U.E.
NOTES
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. NO SEARCH OF THE PUBLIC RECORDS W/1S MADE IN THE PREPARATION OF THIS
SKETCH AND DESCRIPTION.
3. BEARINGS SHOWN HEREON ARE BASED ON THE ST ATE PLANE GRID NORTH,
THE SOUTH LINE OF SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, HAVING A GRID
AZIMUTH OF SOUTH 89019'55" WEST.
CERTIFICATION
I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON
COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN
CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND
DESCRIPTION IS TR ORRECT TO THE BEST OF MY KNOWLEDGE
AN ~ PAR UNDER MY DIRECTION.
LAST DATE OF FIELD WORK: NOT A SURVEY
Pro! eat Nome. LAS VENT ANAS
JOB NO. 06160
EASEMENT
OWG BY. JSH
CK'O By, JSH
DATE. 10/1612008
REV PER COUNTY 3/5/2009
SHEET 1 OF 3
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LAS VENT AN AS
EASEMENT
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SCALE. 1"-60'
DATE. 10/16/2008 SHEET 3 OF .3
EXHIBIT "A"
LAS VENTANAS EASEMENT ABANDONMENTS
LEGAL DESCRIPTION
All of a 1 a-foot Utility Easement (UE.) and all of a 5-foot Limited Access Easement
(L.A.E.) along the South property line (and the North right-of-way line of Woolbright
Road) of the plat of LAS VENTANAS, including the la-foot utility easement as recorded
in G.R.E. 3129, Page 1604, as recorded in Plat Book 110, Pages 89 and 90, accordingly
to the Public Records of Palm Beach County, Florida.
....
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SURVEYING" MAPPING
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LAS Vt;.,'lTANAS
A PORTION OF THE SOUTHEAST ONE.QUARTER OF SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
INCLUDING A REPLA T OF LOTS 13 THROUGH 29 AND PORnoNS OF LOTS . AND 12, TOGETHER WITH
PORTIONS OF ALDEN STREET (NIKIA S.E. 3RD STREET) AND RONALD STREET (NIKIA S.E. 2ND STREET)
OF THE PLAT OF "CENTRAL PARK" (P.B.12, PG.12, P.B.C.R.)
CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA.
JUNE,2007
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GRAPHIC SCAlE
NiU
LEGENlh
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ABBREVIATIONS,
At.
Clf
elll
CONC.
e....
o
O.E.
I.R.
I.R.C.
,
L.A.(.
l.B.
L.R.E.
L.M.E.
L.M.A.E.
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SEC.
S.F.
U.[.
qo
SHEET 2 OF 2
SET P.R.". HitLESS OTHER-
WISE NOTED)-.- DIAWETER
AlUMINUW DISK IN CONe. WH.
stMItED .U1264
P.C.P.
CENTE.RlI HE
err
XII. - LEGAL - 1st Reading
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
0 July 7, 2009 June 15, 2009 June 10, 2009 June 8, 2009
0 July 21, 2009 July 6, 2009 July 1,2009 June 29, 2009
~ Au!!:Ust 4, 2009 Julv 20, 2009 July 15, 2009 July 13, 2009
0 August 18, 2009 August 3, 2009 Julv 29, 2009 Julv 27, 2009
0 Announcements/Presentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [gI Legal-
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION:
Review four-fifths voting requirement for appointment and removal of
City Manager.
EXPLANATION:
At the request of Commissioner Weiland the City Commission will
consider a return to a majority voting requirement for appointment and
removal of a City Manager. A copy of Ordinance 95-21 and the minutes
of the two readings of that Ordinance are attached.
PROGRAM IMPACT:
Reserve for Commission discussion.
FISCAL IMP ACT:
None.
AL TERNA TIVES:
Reserve for Commission discussion.
City Manager's Signature
Assistant to City Manager ~
City Attorney
Department Name
City Attorney I Finance
S:\BULLETIN.FORMS\AGENDA ITEM REQUEST FORM.DOC
20
1 II
2
ORDINANCE NO. 09-
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AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
SECTION 2-28, "APPOINTMENT; REMOVAL" OF
CHAPTER 2, "ADMINISTRATION", ARTICLE II,
"CITY MANAGER"" TO ELIMINATE THE
REQUIREMENT OF A FOUR-FIFTHS VOTE FOR
REMOV AL OF THE CITY MANAGER; AND
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach finds that it is in the
14
best interest of the public to remove the requirement of a four-fifths vote for removal of the
15
City Manager.
16
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
17
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
18
Section 1.
Each Whereas clause set forth above IS true and correct and
19 incorporated herein by this reference.
Section 2.
That Chapter 2, entitled "Administration", Section 2-28, IS hereby
21 amended as follows:
22 Sec. 2-28. Appointment; removal.
23 The appointment and removal of the City Manager shall be by four fifths
24 majority vote of the City Commission.
25
26
Section 3.
Each and every other provision of Chapter 2, not herein specifically
27 amended shall remain in full force and effect as previously enacted.
28
Section 4.
All ordinances or parts of ordinances in conflict herewith be and the
29 same are hereby repealed.
30
Section 5.
Should any section or provision of this ordinance or portion hereof, any
S:\CA \Ordinances\City Manager removal vote.doc
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paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
2 such decision shall not affect the remainder of this ordinance.
3
Section 6.
Authority is hereby granted to codify said ordinance.
4
Section 7.
This ordinance shall become effective immediately upon its passage
5
and adoption.
FIRST READING this _ day of
,2008.
SECOND, FINAL READING AND PASSAGE this _ day of
,2008.
CITY OF BOYNTON BEACH, FLORIDA
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)
S:\CA\Ordinances\City Manager removal vote.doc
2
Il
ORDINANCE NO.095- 21
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR
A METHODOLOGY FOR APPOINTMENT AND REMOVAL OF
THE CITY MANAGER AND THE CITY ATTORNEY BY
FOUR-FIFTHS 4/5 VOTE; PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Section 49 of the City Charter provides for the
appointment of the City Manager and a City Attorney, who both shall
serve at the pleasure of the City Commission; and
WHEREAS, Section 49 of the City Charter makes no provision for
the methodology that the City commission can use in conjunction
with the appointment and removal of the City Manager and city
Attorney; and
WHEREAS, the City commission of the City of Boynton Beach,
Florida, deems it in the best interest of the administration of the
City' to minimize the politicizing of those positions and to
recognize the stabilizing effect of those positions on the
operations of City government.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA that:
Sact:ion 1.
The foregoing whereas clauses are hereby
ratified and confirmed.
Section 2.
The appointment and removal of the City Manager
or the City Attorney shall be by four-fifths (4/5) vote of the City
Commission.
Section 3,
That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repea~e~,
Section 4.
In the event any portion of this Ordinance is
deemed invalid, illegal or unconstitutional by any court of
competent jurisdiction, such decision shall in no manner effect the
remaining portions or sections of this Ordinance and shall remain
in full force and effect.
Section 5.
Authority is hereby granted to codify said
ordinance.
Section 6.
This ordinance
shall
become effective
'11
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immediately upon adoption by second reading.
FIRST READING this 6 day of ~6
, 1995.
1995.
SECOND, FINAL READING and PASSAGE this e1!! day of vr'.u.V4"
ATTEST:
vffr~.~~,~, ~
CITY CLERK
(CORPORATE SEAL)
from
5/30/95
900182.88
ORD/R.ENovAL
CODING:
- - r f~ -C_'.~_', ',--c",-,---
Words in ",L.l.U"].., Ll'.l.uu!::Il, type are deletion
existing law;
Words in underscored type are additions.
Page 2 of 2
B.. Jr~'
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 6, 1995
City Clerk Sue Kruse polled the vote which carried unanimously.
2. Proposed Ordinance No. 095-21 Re: Providing for a methodology for
the removal of the City Manager and the City Attorney by 4/5 vote
Attorney Cherof read Proposed Ordinance No. 095-21 by title only.
Attorney Cherof advised that a handout was delivered to the Commissioners this evening
depicting a change to this Ordinance. The new Ordinance now includes both appointment
and removal of the City Manager and the City Attorney.
Motion
Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 095-21 on first reading.
Commissioner Jaskiewicz seconded the motion.
, - - Commissioner Rosen stated that he would like to rethink the hiring process on a 4/5 basis, and
recommended that this issue be brought to a workshop meeting for further discussion.
Mayor Pro Tern Matson said it makes no sense to do one without the other. When she
brought this issue forward, it was to include both hiring and firing in an effort to depoliticize
these two positions. Doing one without the other is a moot point. Furthermore, this issue has
already been workshopped.
City Clerk Sue Kruse polled the vote which carried 4-1. (Commissioner Rosen cast the
dissenting vote.)
3.
Proposed Ordinance No. 095-22 Re:
reclassification and rate structure
Occupational
license
Attorney Cherof read Proposed Ordinance No. 095-22 by title only.
Motion
Vice Mayor Bradley moved to approve Proposed Ordinance No. 095-22 on first reading.
Commissioner Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote which
carried unanimously.
r'-. .
Attorney Cherof advised that this Ordinance will be back at the July 5 meeting because the
City will be publishing the list of the classification and new fees.
36
"
"
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, flORIDA
JUNE 20, 1995
4. Proposed Ordinance No. 095-20 Re: Code change regarding distance
requirements for secondhand/thrift stores
Attorney Cherof read Proposed Ordinance No. 095-20 by title only.
i
t1AYOR TAYLOR ANNOUNCED THE PUBLIC HEARING.
I
e!stor..AIbDI-Y_ was present and thanked the City Commission for its consideration.
I
tv1s. Heyden advised that her memorandum dated June 14, 1995, concurs with the Planning
a~d Development Board recommendation that the distance requirement be excluded in the
Cf4 zoning district, but not in the C-2 and C-3 zoning districts.
I
~o_tion
~Yor Pro Tem Matson moved to approve Proposed Ordinance No. 095-20 on second and
fi al reading subject to staff comments to exclude C-2 and C-3. Vice Mayor Bradley seconded
th motion. City Clerk Sue Kruse polled the vote. The vote was unanimous.
I
I 5. Proposed Ordinance No. 095-21 Re: Providing for a methodology for
the appointment and removal of the City Manager and the City Attorney
by 4/5 vote
I
Attorney Cherof read Proposed Ordinance No. 095-21 by title only.
I
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I\1.otLon
I
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Vke Mayor Bradley moved to approve Proposed Ordinance No. 095-21 on second and final
r~ding. Mayor Pro Tem Matson seconded the motion. City Clerk Sue Kruse polled the vote.
I
T~ERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING.
I
Mayor Taylor requested that the second line of Section 4 be corrected to read, "...deemed
i+alid, illegal, or unconstitutional..."
T~e vote was unanimous.
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;
D.
Ordinances - 1st Reading:
24
Current City Code as amended in 1995 by Ordinance 95-21
Sec. 2-28. Appointment; removal.
The appointment and removal ofthe City Manager shall be by four-fifths vote of the
City Commission.
(Ord. No. 95-21, S 2, 6-20-95)
Editor's note-Ord. No. 89-28, S 1, adopted Sept. 19, 1989, repealed previous S 2-28,
removal or suspension of the manager, derivedfrom the 1958 Code, S 2-24; Ord. No. 78-
33, S 1, adoptedAug. 15, 1978; andOrd. No. 79-1, S 1, adoptedJan. 16, 1979.