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Agenda 05-21-02The City of 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA MAY 21, 2002 Id Broening Large land Mayor 'ict l II III Fisher IV el' visit our Web site www. boynton-beach.org WELCOHE Thank you for attending the City Commission Heeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT cTr¥ OF BOYNTON BEACH COHHISSION HEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes 8~ Nays" or by a roll call vote. SPEAKING AT COMHISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the iurisdiction of the Commission. Please use the yellow colored card for matters not listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSING THE COMMZSS:ION: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUI~: Any ~erson making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to RfGULAR CITY COMMEION MEETIN[ AGENDA May 21, 2002 6:30 P.M. OPENINGS: Call to Order - Mayor Gerald Broening BA! Invocation/Moment of Silent Prayer Ci Pledge of Allegiance to the Flag led by Vice Mayor Weiland D. TF YOU WTSH TO ADDRESS THE COMMISSION: · THE APPROPRIATE REQUEST FORM THE CITY CLERK (ON THE DATS) BEFORE THE "OPENINGS" OF THE AGENDA HAS BEEN COMPLETED TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME I:NDI:VIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MTNUTES. E; Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption PUBLIC AUDIENCE: Agenda Regular City Commission Meeting Boynton Beach, Florida Nay 21, 2002 III III IV III IV I IV III Ferguson Ferguson Fisher Ferguson Fisher Weiland Weiland Bldg. Bd of Adj & Appeals Community Relations Board Community Relations Board Education Advisory Board Education Advisory Board Library Board Nuisance Abatement Board Senior Advisory Board Senior Adviso~ Board ANNOUNCEMENTS & PRESENTAT/ONS: A. Announcements: None Alt Alt Alt Stu Stu Alt Alt Alt Alt I yr term to 4/03 Tabled (3) 1 yr term to 4/03 1 yr term to 4/03 1 yr term to 4/03 1 yr term to 4/03 1 yr term to 4/03 1 yr term to 4/03 1 yr term to 4/03 1 yr term to 4/03 Tabled (3) B. Presentations: 1. Proclamations: "The Boynton Veterans Council Memorial Day Celebration" May 26, 2002 f Presentation of grant check to local Habitat for Humanity members from World Mortgage Co. 3. Intentionally left blank Presentation of Certificates of Appreciation to the volunteers in the 2002 Great American Cleanup, held on Saturday, April 27, 2002 PUBLTC HEAR/NG: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Agent: Description: Federal Highway Corridor Community Redevelopment Plan Mix Use-Low Zoning District (MU-L); and Mix Use-High Zoning District (MU-H) City of Boynton Beach Request for an amendment to Chapter 2, Zoning, Section 6 to establish the Mixed Use-Low Intensity (MU-L) zoning district for the purposes of implementinq the Federal Hiahwav Corridor Agenda Regular City Commission Meeting Boynton Beach, Florida May 2:1., 2002 Request for an amendment to Chapter 2, Zoning, Section 6 to establish the Mixed Use-High Tntensity (MU-H) zoning district for the purposes of implementing the Federal Highway Corridor Redevelopment Plan and accommodating redevelopment within planning area #3 Project: Agent: Description: Federal Highway Corridor Community Redevelopment Plan Tnfill Planned Unit Development District (TPUD) City of Boynton Beach Request for an amendment to Chapter 2, Zoning, Section 5 to establish the Thrill Planned Unit Deveiopment (]:PUD) zoning district for the purposes of implementing the Federal Highway Corridor Redevelopment Plan and accommodating redevelopment within planning areas #1 and #5 VII. 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 comment, s. A. Minutes: Agenda Preview Conference of May 6, 2002 Special City Commission Meeting of May 6, 2002 Regular City Commission Meeting of May 7, 2002 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2001-2002 Adopted Budget Award the "TWO-YEAR BID FOR THE RECEIPT AND DISPOSAL OF CONSTRUCT/ON AND DErvlOL]:T~ON MATER].ALS," Bid #045-2510-02/KR, to Sun Recycling LLC for an estimated annual expenditure of $600,000 Award a Primary, Secondary, and Third place vendor for the "ANNUAL B]:D FOR SAFETY CLOTHING AND EQUTPMENT,' Bid #045-1412-02/KR, for an annual estimated expenditure of $100,000 g Approve a ".IOINT APPLICATION DEVELOPMENT AGREEMENT" with GOVERNMENT TECHNOLOGY RESOURCES (GTR) for the DEVELOPMENT OF A HUMAN RESOURCES APPLICANT TRACKING SYSTEM in the amount of $6,000 as a "Sole Source" purchase (Proposed Resolution No, R02-078) ., Negotiate a contract with Architects Design Group, Inc. of Winter Park, Florida, for the City Wide Space Planning Study, RFQ#O40-24:L3-O2/CJD Agenda Regular City Commission Heeting Boynton Beach, Florida Hay 2:L, 2002 Award "TVVO YEAR BID FOR AUTOMATIC TRANSMISSION PARTS & REPAIRS," BID#046-2516-02/C]D to Florida World Wide Transmissions of Lantana, Florida, with an annual estimated expenditure of $25,000 Extend the RFP for "GEOGRAPHIC INFORMATION SYSTEM IMPLEMENTATION PLAN," RFP#040-1510-01/C.1D, to GEOGRAPHIC TECHNOLOGIES GROUP, INC. for an additional two years with an estimated expenditure of $81,000 (New RFP#059-1510-02/C]D) (Proposed Resolution No. R02-079) Approve agreement with Sungard Recovery Services for disaster recovery services in the amount of $32,000 for a Disaster Recovery Plan and $1,520/month for center based recovery services (Proposed Resolution No. R02-080) Resolutions: Proposed Resolution No. R02-08:L Re: Authorizing release of cash bond of $20,295 to Suffolk Construction Company, Inc. for the completion of the permitted work at Tuscany on the Intracoastal Clubhouse (2320 South Federal Highway) Proposed Resolution No. R02-082 Re: Approving full release of letter of credit no. S163244 from First Union Bank in the amount of $95,306 for the water and sanitary sewer systems serving the project known as American Retirement Corporation (ARC) Proposed Resolution No. R02-083 Re: Approving the agreement between the Department of the Treasury, Department of .lustice and the City of Boynton Beach for "Federal Equitable Sharing Agreement" Proposed Resolution No. R02-084 Re: Approving release of cash surety in the amount of $9,348 for the water and sanitary sewer systems in the project known as Manatee Bay Proposed Resolution No. R02-085 Fire Assessment Roll Re: Amending the Ratification of Planning & Development Board Action: None Ratification of CRA Action: First Baptist Church, 301 N. Seacrest Boulevard - Request for site plan approval to construct a two-story 31,192 square foot expansion to the 4 Agenda Regular City Commission Meeting Boynton Beach, Florida May 2:t, 2002 VIII. IX. existing church facility for a total of 54,230 square feet on a 3.84-acre parcel 2. First Baptist Church, 301 North Seacrest Boulevard - Request for a height exception as defined by the Land Development Regulations, Chapter 2, Zoning, Sec. 4.F.1, to allow for an increase in the building height of a "place of assembly" to exceed the maximum height limit allowed within the R1A Single-Family Residential zoning district; and Request for a height exception as defined by the Land Development Regulations, Chapter 2, Zoning, Sec~ 4.F.:~, to a~ow a church spire to exceed the maximum height limits allowed within the R1A Single-Family Residential zoning district F. Approve request from Police Department to make a donation of $2,500 to the Boy Scouts of America from the Forfeiture Fund G. Approve request from Police Department to make a donation of $5,000 from the Forfeiture Fund to the Boynton Beach P.A.L. for the purchase of 5 iMac computers H. Accept the written report to Commission regarding purchases over $10,000 for the month of April 2002 I. Approve petition by Barry A. Mazer, representing AAAA Limousine Inc., for a Certificate of Public Convenience and Necessity 3. Approve the following expenditures from Community Investment Funds: Commissioner Ferguson $5,000 to the YMCA for their Partners w/Youth Program & $4,000 to the Community Caring Center of Boynton Beach, Inc. Commissioner Fisher $1,500 to the YMCA for their Spring Fling Program CZTY MANAGER'S REPORT: A. Discussion of water and wastewater rate options B. Lake Eden Canal Maintenance Options FUTURE AGENDA ]'rEMS: A. Discussion of proposed Charter Review (3une 18, 2002) Agenda Regular City Commission Heeting Boynton Beach, Florida May 21, 2002 XI. XII. Ordinance on first reading rescinding LDR Chapter 2, Zoning, Sect[on ii.3. Environmental Review and as§b¢iated references to Environmental Review Permit or the Environmental Review Committee (June 18, 2002) Proposed Resolution No. R02-016 regarding authorizing the use of eminent domain to acquire the public right-of-way necessary to develop the Boynton Beach Boulevard Promenade and Riverwalk - Tabled on O:1/:15/02 (3une 2002) D. Preliminary Fire Assessment Resolution (July 2, 2002) E. Approval of development plan - Marina Project (August 2002) F. Public Hearing to adopt Annual Fire Assessment Resolution (September 12, 2002) FRA Whistle Ban - Report (]anuary 2003) - Delayed due to Federal Railway Administration Delay in Rulemaking DEVELOPMENT PLANS: None NEW Bus'rNESS: A. Annual Performance Review - City Manager Authorize City Manager to submit a Development Regions Core Grant application on behalf of High Ridge Properties, Inc, to Palm Beach County, Department of Economic Development Authorize City Manager to submit a Development Regions Core Grant application on behalf of United Forward, Inc. & UF Fluid Systems, Inc. to Palm Beach County, Department of Economic Development LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No, 02-018 Re: Annexation of 0.67 acres of vacant land located on the east side of Old Dixie Highway between Miller Road and Gulfstream Boulevard (CKS) Proposed Ordinance No. 02-O19 Re: Amending the Comprehensive Plan Future Land Use Map from Commercial (Palm Beach County) to General Commercial (GC) for 0.67 acres of vacant land located on the east side of Old Dixie Highway between Miller Road and Gulfstream Boulevard (CKS) Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 V. ANNOUNCEMENTS & PRESENTATIONS Item B. ~ CITY OF BOYNTON BEACH -AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21,2002 [] June 4, 2002 [] June 18,2002 [] July 2, 2002 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Admirfistrative [] Development Plans [] Consent Agenda '~] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: To present Certificates of Appreciation to the generous volunteers in the 2002 Great American Cleanup which was held on Saturday~ April 27, 2002. EXPLANATION: The volunteers are hereby recognized for their participation in the Great American Cleanup for the enhancement of Boynton Beach's neighborhoods, roadways, and shores. More than 85 participants from the following neighborhoods donated their valuable time and effort: Golfview Harbor, Four Sea Suns Condominiums, Village Royale on the Green, Mariner's Way, and Inlet Cove Association (INCA). PROGRAM IMPACT: To remove trash, litter, and debris that detracts from the natural beauty of our community. FISCAL IMPACT: No cost. ALTERNATIVES: None. Department Head's Signature ~ty Manager's Signature Neighborhood Services Department Name City Attorney / Finance / Human Resources S:kBULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC Requested City Commission Meeting Dates [] March 19,2002 [] April 2, 2002 [] April 16, 2002 [] May 7. 2002 VI.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR vl Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meetine Dates [] May 21,2002 [] June 4. 2002 [] June 18, 2002 [] July2,2002 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June t9, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda '[] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the May 21, 2002 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a unanimous vote, recommends that the subject request be approved subject to various changes to the proposed text to place restrictions on uses such as government offices, churches, and post offices; eliminate redundancy in the restriction notes, eliminate the side setback for multi-family uses in the MU-H zone; and to make "flower containers" a recommended rather than a required improvement and omit parking ratios. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-090. EXPLANATION: PROJECT NAME: AGENT: DESCRIPTION: FEDERAL HIGHWAY CORRIDOR COMMUNITY REDEVELOPMENT PLAN Mix Use-Low Zoning District (MU-L) and; Mix Use-High Zoning District (MU-H) City of Boynton Beach Request for an amendment to Chapter 2, Zoning, Section 6 to establish the Mixed Use-Low Intensity (MU-L) zoning district for the purposes of implementing the Federal Highway Corridor RedeVelopment plan and accommodating redevelopment within planning areas #2 and g4; and Request for an amendment to Chapter 2, Zoning Section 6 to establish the Mixed Use-High Intensity (MU-H) zoning district for the purposes of implementing the Federal Highway Corridor Redevelopment Plan and accommodating redevelopment within planning areas #3. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~,,~ ,~ N/A PT~anning a~Zoning ~)irect~r City Manager's Signature City Attorney / Finance / Human Resources S:LPlanning,HudsonW[IXED USE'Agenda Request CDRV 02-002 MU-H & MU-L 5-21-02.dot S:~BULLETIIC~FORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 02-090 TO: THROUGH: FROM: DATE: SUBJECT: Chairman and Members Community Redevelopment Agency Board Michael W. Rumpf Director of Planning and Zoning._.,/ Dick Hudson, Senior Planner ~ May 5, 2002 CODE REVIEW CDRV 02-002 Mixed Use Zoning Districts (MU-H & MU-L) Project: PROJECT DESCRIPTION Proposed Zoning Regulations for Mixed Use-High and Mixed Use-Low zoning categories, consistent with the recommendations of the "Federal H(qhway Corridor Community Redevelopment Plan" Agent: City of Boynton Beach Location: Federal Highway Corridor segment between the Boynton (C-16) Canal on the north and Woolbright Road on the south, and lying between the Intracoastal Waterway on the east and the right-of-way of the Florida East Coast (FEC) Railway on the west, NATURE OF REQUEST The proposed addition of two Mixed Use zoning districts to Part III of the City of Boynton Beach Code of Ordinances is a staff-initiated amendment to the Land Development Regulations. The proposed districts are consistent with the recommendations of the "Federal H~qhway Corridor Community Redevelopment Plan'; adopted by the City on May 15, 2001, The specific locations where these districts may first be applied are generally described as lands currently designated as Mixed Use (MX) on the City's Future Land Use Map. Also shown on the accompanying map. (see Exhibit "B"-Location). The geographic area where the Mixed Use-High Intensity zoning district may be applied will generally be a concentrated area within what is currently designated as Central Business District (CBD) on the Zoning Map, The exact area will be defined through_ the corresponding amendment to the Future Land Use Map, scheduled for processing and transmittal in late June or eady July. The areas eligible for MU-L zoning are referred to in the redevelopment plan as Planning Areas II and IV. Whereas the MU-H zoning district requires residential projects to include non-residential components, the MU-L district allows both residential and non-residential projects, as well as combined projects with adequate protective measures to maintain land use compatibility, Page 2 CDRV 02-003 Infill Planned Unit Development Zoning District ANALYSIS The proposed Mixed Use zoning districts are basically those developed by the consulting firm Michele Mellgren & Associates, Inc. in concert with staff and reviewed in late 2001. Some changes have been made and are delineated below. The major change, however, is that there are no proposed property rezonings accompanying these code amendments. In order for developers or property owners to take advantage of the benefits offered in these development regulations, they must request the rezoning. The numbering system for the code changes has been changed to correctly identify the portion of the code where the new language will be inserted. Section 6.F.3 establishes the two sub-districts, Mixed Use-High Intensity (MU-H) and Mixed Use- Low Intensity (MU-L) and requires that all developments in these districts that front on streets classified as "arterial roads" on the Functional Classification of Roadways Map must contain a mixture of retail, office and residential uses. Table 6F-1 provides a schedule of permitted principal, accessory and conditional uses. minor adjustments and additions have been made. Additions include: Only "Post Office" as a permitted use; · "Warehouse/Distribution" as a not-permitted use in General Commercial Use Group; and, · "Soup Kitchens/Substance Abuse Centers/Shelters/Half-way Houses" as prohibited uses in the Service Use Group. Section 6.F.4 provides building and site regulations. The only change from the previous version reviewed by the CRA is a reduction in the required rear yard setbacks for "Multi-family" and "Other" uses adjacent to the Intracoastal Waterway (ICWW), which makes those setbacks subject to requirements of any permitting agency having jurisdiction over construction abutting the ICWW. Section 6.F.7 Landscaping, has been expanded to include additional requirements for landscaping within the MU-H district. In addition to the requirement for street trees, standards are included for sidewalk replacement to replicate the paver-block sidewalks on Ocean Avenue. Table 6F-2 provides required parking spaces by type of use for both MU-H and MU-L districts. Section 6.F.13 Definitions, has been expanded from the four definitions in the original draft to a total of twenty-three, which staff considers important for the cladty of the proposed ordinance. RECOMMENDATION Staff recommends that the subject text amendments, as the proposed amendments to the- zoning code follow the directions of the City Commission and the requirements for implementation of the "Federal H(qhway Corridor Community Redevelopment Plan. If there are changes or additions recommended by the Community Redevelopment Agency Board, they will be attached to this report as "Exhibit C". Exhibits J:\SHRDATA\PLANNING\HUDSON\MIXED USE\CDRVSTAFFREPT. DOC CHAPTER 2 ZONING Exhibit A Sec.6 Commercial district regulations and use provisions F. Mixed Use Zoning Districts 1. Intent and Purpose. The Mixed Use zoning districts are adopted to guide development and redevelopment in the downtown and to encourage a diversity of compatible land uses, which may include a mixture of residential, office, retail, recreational, and other miscellaneous uses. All development and redevelopment shall be guided by an approved plan and through the use of the planned unit development, conditional use, or other site plan review processes. The objectives of the Mixed Use zoning districts are as follows: a. Support and enhance revitalization efforts in the City's commercial core; b. Create major new residential and mixed use areas in planned locations with appropriate densities, heights, and mixtures of uses; c. Create optimal pedestrian environments though appropriate separation from, and design of vehicular circulation areas; d. Allow flexibility in architectural design and building bulk; while maximizing compatibility and harmony with adjoining development within the redevelopment area; downtown; and visitors. Create surrounding areas that complement rather than compete with the Create higher quality environments for residents, businesses, employees, 2. Zoning Districts. The Mixed Use zoning districts shall be applied to selected geographic areas, identified on the City's Future Land Use Map, where a mixture of uses and building densities is intended to carry out elements of the city's redevelopment plans, including goals in employment, population, transportation, housing, public facilities, and environmental quality. Regulations for the planning areas are implemented through two zoning districts: Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity (MU-L). Permitted uses and associated standards for development vary between the zoning districts, each reflecting the importance of the district's location and its relationship to the downtown. A Mixed Use zoning district may be located only on lands designated Mixed Use (MX) or Mixed Use-Core (MX-C) on the City of Boynton Beach Furore Land Use Map. 3. Subdistricts established. a. MU-H (Mixed-Use-High ~tensity) Zoning District. This zoning district shall only be applied to lands classified as Mixed Use-Core (MX-C) on the Future Land Use Map. The MU-H district is appropriate for developments that provide for high density residential in addition to retail commercial and office uses. The district allows a maximum height of one hundred-fifty (150) feet and a residential density of 80 dwelling units per acre, provided that all new developments within this district that front on streets designated as "arterial roads" on the Functional Classification of Roadways Map contain a mixture of retail, office and residential uses. b. MU-L (Mixed-Use-Low Intensity) Zoning District. In order to complement the revitalization efforts in the City's commercial core, the MU-L zoning district shall only be applied to lands peripheral to the downtown and classified as Mixed Use (MX) on the Future Land Use Map. The MU-L district is appropriate for low- to mid-rise developmems that provide for medium density residential. The district allows a maximum height of seventy-five (75) feet and a residential density of 40 dwelling units per acre, provided that all new mixed use developments within this district front On streets designated as "arterial roads" on the Functional Classification of Roadways Map (Federal Highway, Boynton Beach Boulevard, Ocean Avenue and Woolbright Road) and contain a mixture of retail commercial, office and residential uses. Height restrictions and densities may be further limited in certain geographic areas to further applicable redevelopment plans. 3. Permitted Uses. The following table identifies the permitted, restricted and prohibited uses within the Mixed Use Zoning Districts. Uses are classified as Permitted "P", Conditional "C" or Not Permitted "N". Uses permitted with restrictions are followed by a numeral that corresponds to a footnote below the table. Each footnote explains restrictions associated with the use. The Planning and Zoning Director or designee shall have the discretion to approve uses that are not specifically listed but are similar to uses that are expressly permitted provided, however, such uses are not expressly identified as conditionally permitted or not permitted in any zoning district within the City~ TABLE 6F-1 ISCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES USE GROUP/USE MU-L ZONE II MU-H ZONE Residential or Lodging Use Group I Bed and Breakfast Cs N Hotel Cs P Home Occupation P P Mobile Home N N Motel N N Residential, Single Family Detached P N Residential, Single Family Attached P N Residential, Multi-Family p p2 Boarding and Rooming House N N (except where provided by state law) Accessory Unit P N Community Facilities Use Group MU-L ZONE I MU-H ZONE Government Office/Civic Center/Library t~C N Recreation (outdoor) P N Museum P P USE GROUP/USE II MU-L ZONE ti MU-H ZONE Community Facilities Use Group cont/d II MU-L ZONE I MU-H ZONE House of Worship P~ t~ Police or Fire-Rescue Station p4 p Postal Center (retail sales only) ta~C ta~C Post Office P P Public Park P P Public Parking Lot or Garage P P Office Use Group* I MU-L ZONE ]1 MU-H ZONE * Not encouraged as a first floor use in the MU-H Zone Banks, Financial Institutions Cl° C~° Medical or Dental Clinic P P Medical or Dental Office P P Physical Therapy Clinic P P Professional Business Office P P Veterinary Office or Clinic pO N Sales and General Commercial Use I MU-L ZONE MU-H ZONE Group* * Where permitted within the .MU-L Zone, only on lots fronting on major arterial roadways. Alcoholic Beverage Package Store pO pO Ammunition or Firearm Sale or Rental N N Animal Boarding or Kennel C N Animal Grooming P P Animal Sales N N Antique Mall/Flea Market N N Arts, Crafts, Hobby and Framing P P Auction House N N Automotive Parts Sales N N Automobile Sales with Display P~ Pt~ Bakery, Retail pO pO Boat/Marine Sales/Rental N Boat/Marine Accessories pO pO Bookstore pO pO Building Supplies or Materials N N Bus Terminal N N New Clothing, Shoe's or Accessories pO pO Boutique Contractor's Office/Equipment Storage N N Coffee Shop pO pO Convenience Store pO pO Custom Furnishings and Antique Stores pO pO Cyber-caf6 pO pO ~3 USE GROUP/USE MU-L ZONE MU-H ZONE GENERAL COMMERCIAL cont'd MU-L ZONE MU-H ZONE Delicatessen po p6 Dive shop and Instruction as Accessory Use pO p p3 Drag Store or Pharmacy Gasoline Sales with/without Vehicle Service Grocery Store, Supermarket Florist Hardware Store Health Food Store p12 Cil Outdoor Storage or Display Parking Lot for Commercial Vehicles p6 p6 Home Improvement Centers N Lumber Yard N Newsstand pe N ,Parking Lot or Garage, Private Ownership Personal Watercraft Sales, Rental, Service, Parts or Repair Photographic Studio and Photographic Supplies Restaurant, w/Drive Thru :Restaurant, Sit-Down Specialty Foods and Confections Sporting Goods Tobacco Accessories Vehicle or Marine Customizing, Detailing, Service, Parts or Repair Vehicle or Marine Trailer Sales, Rentals, Service, Repairs and Storage N Video Rental Cg pl~ C6 N p6 p6 p6 N N p6 N N pV P p6 pO N N pO N N C.g C6 N P pO pO pO N N p6 N * MU-L ZONE MU-H ZONE the MU-L Zone, only on lots fronting on major arterial roadways. pO Salon/Day Spa Tailor Fitness Club LabOr Pool Establishments Laundromat Medical OUtpatient Facility Nurse~, Preschool or Child Daycare p6 pO p6,9 C~ p6 p6 pO,9 pO N N N N N N p6 Cg N Cg pO N 4 USE GROUP/USE Service Use Group cont'd Nursing or Convalescent Home Photocopy Center Self-Storage or Mini Warehouse Shoe Repair Tattoo Parlor/Body Piercing Soup Kitchens?Substance abuse Centers/ Shelters/Half-way Houses Entertainment Use Group Adult Entertainment Bar, Cocktail Lounge Billiard Club/Bowling Alley/Indoor Recreation Facility Bingo Hall MU-L ZONE MU-L ZONE N p6 N p6 N N MU-L ZONE N C$ N Fortune Teller N Movie Theater N Night Club N Performing Arts Theater Private Clubs, Lodges and Fraternal Organizations Accessory Use Drive-Thru Facility (other than accessory use to financial institutions and restaurants) N C~ MU-L ZONE Clo MU-H ZONE MU-H ZONE N pO N pO N N MU-H ZONE N P N N P C~ MU-H ZONE N Restriction Notes: Must be integrated into a mixed-use development that includes a non-residential component compromising a minimum of 30 percent of the gross floor area of the entire development, constructed within the same structure in which the residential component is located. 2 For those with frontage on and arterial road, allowed as a permitted use if the entire ground level floor is devoted to office or retail uses. Otherwise, use is a conditional use. 3 Use shall be subject to the following distance separation requirements from similar uses, measured in a straight line, using the shortest distance between property lines: For uses with less than 5,000 square feet of gross floor area, 750 feet. For uses with a gross floor area equal to or greater than 5,000 gross square feet, 1,500 feet. Subject to setback and buffering requirements as recommended by the Technical Review Committee. 5 Maximum gross square footage of structure shall not exceed 2,500 square feet. Storage of postal vehicles prohibited. 6 Must be integrated into a commercial or mixed use development and not exceed 30 percent of the gross floor area of the entire development, constructed within the same structure as the remaining commercial or mixed use development. 5 9 10 12 13 14 Gross floor area of grocery store must be a minimum of 15,000 square feet and a maximum of 30,000 square feet. On-site drop-off and pick-up only. Drive-thru facility, including stacking lanes, must be screened from public right-of-way and requires conditional use approval. Ingress/egress shall not be from/to an arterial roadway. Shall comply with provisions of Chapter 2, Sec. 11 .L., pertaining to retail sale of gasoline or gasoline products. Not permitted on property with Federal Highway Frontage in the MU-L Zone unless consistent with restriction note number six (6). xr .... ,~ .... · ..... /.~;~ .... , ..... '~ Indoor storage/display shall not exceed 10,000 square feet. In conjunction with a permitted marina use. Storage/display allowed only in wet docks or indoor not to exceed 10,000 square feet. 4. Building and site regulations. Minimum Parcel Size MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Hotel *or is part of a mixed use development of at least 3 acres. 3 acres* Residential, Single Family Detached Residential, Single Family Detached w/Accessory Unit Residential, Single Family Attached Residential, MUlti-Family Community Facility Use Group Public Park All other Use Minimum Living Area Single Family Detached All other Residential Accessory Apartment Minimum Lot! Frontage Residential Or Lodging Use Group Residential, Single Family Detached Residential, Single Family Attached (Duplex) Residential, Single Family Attached (Townhome) Residential, Multiple-Family All Other Uses 5,000 sq. ft. 7,500 sq. ft. 7,500 sq. ft. 65,000 sq. ft. 15,000 sq. ft. no minimum 10,000 sq. ft MU-L ZONE 1,000 sq. ft. 750 sq. ft. 750 sq. ft. MU-L ZONE 50 ft. 75 ft 25 ft --- 100 ft. 100 ft. 20,000 sq. ft. no minimum 10,000 sq. MU-H ZONE 750 sq. ft. MU-H ZONE 100 ft. 100 ft. A. Maximum Height Residential Or Lodging Use Group Residential, Sing1c Family Detached Residential, Single FamilY Attached (Duplex) Residential, Single Family Attached (ToWnhomes) All Other Uses MU'L zonE '!MUrH ZONE t 35ft. ~ ___ 35ft --- 35ft _._ 75 ft. ~ 150 ft. ~ tMaximUm height at front property line is 45 ft. Add a minimum 10 ft. of stepbaCk for every additional 50 ft. of height. B. MinimUm Height t 35 ft.~ I 35 ft. 2 ~Applies to any faCade with "arterial roadway" frontage. 2Applies to any faCade with street frontage. Multiple story buildings are encouraged within the Federal Highway Corridor District, particularly along arterial roadways. The intent of this provision is to create the appearance, or simulate the intensity of, a minimum two (2)-story building. MINIMUM PERVIOUS AREA I MU-L ZONE I MU-H ZONE Community Facility Use Group Public Parking Lot or Garage --- 15°,4 Residential Or Lodging Use Group Residential, Single Family Detached 40% --- Residential, Single Family Attached 30% --- All Other Uses 20% 15% FRONT YARD SETBACK ! MU-L ZONE t MU-H ZONE Residential Or Lodging Use Group Residential, Single Family Detached build to line 10 ft.~ ___ Residential, Single Family Attached build to line 10 ft.~ ___ Residential, Multi-Family build to line 10 ft. 2 0-15 ft. All Other Uses including mixed use with a single-family 0 ft or 10 ft~ 0 ft attached component--build-to line Porches may be placed forward of the build to line and shall maintain a minimum 2 foot setback from any public sidewalk. Porches shall be placed outside of clear sight triangle. Minimum setback for a garage facing or accessing the street is 20 feet. Projecting feature(s) such as awnings, balconies, porches and/or stoops shall be placed forward of the build-to line and shall maintain a minimum 2-foot setback from any public sidewalk. One or more projecting feature(s) such as awnings, balconies, colonnades porches and/or stoops required forward of the build-to line and shall maintain a minimum 5-foot clearance from any vehicular use area. Elements projecting over a pedestrian walkway shall allow a minimum 9-foot vertical clearance and 5 foot horizontal pedestrian clearance. 7 SIDE YARD MU-L ZONE 11 MU-H ZONE Residential Or Lodging Use Group Residential, Single Family Detached, Interior 6 ft. --- Comer 15 ft --- End 10 ft. --- Residential, Single Family Attached (Duplex) Comer 15 ft. --- Residential, single Family Attached (Townhomes) End 10 ft .... Comer 15 ft. Residential, Multi-Family 20 ft~ 20 ~.4 All Other Uses Adjacent to Residential Single Family Attached or 25 ft. ~ 0 ft. 4- Detached in the MU-L Zone Adjacent to Other Uses 0 ft. ~ 0 ft. 4- plus one additional foot for each foot of height over 45 ft. where adjacent to an existing single-family detached dwelling, less width of fight-of-way. REAR YARD I MU-L ZONE It MU-H ZONE Residential Or Lodging Use Group All Residential, Where Yard is Adjacent to Intracoastal Waterway 25 ft. 25 ft. Residential, Single Family Detached 7.5 ft. --- Residential, Single Family Attached 7.5 ft. --- Residential, Multi-Family 25 ft. 2 0 ft. t MI Other Uses Where Yard is Adjacent to Intracoastal Waterway 25 ft. 0 ft.t Where Yard is Adjacent to Residential 25 ft. 2 25 ft. 2 Where yard is Adjacent to All Other Uses 0 ft. 2 0 ft. s subject to requirements of any permitting agency having jurisdiction over construction abutting the Intracoastal Waterway. plus one additional foot for each foot of height over 45 ft. where within or abutting the MU-L Zone Fifteen (15) feet abutting a street, 10 feet abutting an alley. 5. Mixed Uses. Buildings containing residential and non-residential uses are required within the MU-H zoning district for all properties fronting on arterial roadways, and permitted and encouraged, within the MU-I. zoning district and subject to the same development standards as "all other uses." Residential uses within mixed-use structures shall not be located on the ground floor, which shall be reserved for nonresidential uses. Nonresidential uses within mixed residential/nonresidential structures shall be evaluated for their compatibility with residential uses located on upper floors, and shall demonstrate compatibility based upon use- type, construction materials, floor plan and site layout, and other factors as determined appropriate given the type of use. 6. Building Placement, Massing & Orientation. Structures fronting on arterial roadways within the MU-H and MU-L Zones shall occupy the entire width of the parcel they are located upon, notwithstanding comer side setbacks and clearance needed for a drive that may be required to access the rear of the property. 7. Landscaping a. MU-H District. (1) Trees. All new construction in the MU-H District shall provide shade trees in the streetscape. · The trees selected shall be consistent with the established theme of the street, where appropriate. The City Forester will provide consultation on appropriate species. · Trunks shall be a minimum four (4) inch caliper and provide seven (7) feet of vertical clearance for visibility. · In instances where canopies of overhangs make it infeasible to plant trees, alternative means of providing landscaping for the sidewalk shall be utilized. · Upon inspection by the City Forester, any trees found to be in declining condition shall be replaced within thirty (30) days. b Tree Spacing · Trees shall be regularly spaced. The spacing of the trees shall be 20-25 feet on center. · Spacing may be modified by factors such as the placement of utilities, by property access points, sight lines at comers or by comer conditions. · Tree placement shall match the existing pattern, where appropriate. · Tree guards, fabricated to City specifications, shall be placed adjacent to the curb, where feasible. Co Tree Irrigation · Irrigation systems shall be installed to service all trees and other landscape materials. · Irrigation systems shall be in operable condition at all times. Sidewalks · All new construction in the MU-H District shall provide new sidewalks. · Sidewalks shall be Holland-Stonepavers, red/charcoal color mix 2 by Paver Systems, Inc., or equal, laid in a 4 S herringbone pattem to continue the design elements in place along Federal Highway. 9 Flower Containers · To add color and soften sidewalk paving with plants, flower containers containing blooming annuals or perennials shall are encouraged tobe planted and maintained along facades of new building fronting on arterial roadways in the MU-H District. 8. Parking Requirements. Parking requirements for both the MU-H and MU-L zoning districts shall be as set forth by Chapter 2, Section 11H, of the Boynton Beach Land ............. ;'~'~ ~'~l^w· Chapter 2, Section 11I shall apply only to the Development Code:, .... v, --,, v ........... _ MU-H zoning district. a. On-site parking facilities shatl be located to the rear or side of the structure they are intended to serve and screened from view from public streets, notwithstanding other provisions of these regulations that require a specific residential automobile garage setback, and paragraphs 8d. and 8e. below, permitting understory parking and regulating parking garages. The intent of this provision is that parking facilities not be prominent as viewed from the street(s) that serve(s) as the main orientation for the principal building(s), in order to emphasize buildings and pedestrian features and de-emphasize parking facilities. In order to best achieve this objective, rear parking is preferable to side yard parking. Access to parking shall be from side streets not serving as the principal structure's main frontage when possible in order to minimize vehicle/pedestrian conflicts along sidewalks resulting from driveway crossings. b. Mixed-use developments may utilize the following parking requirements based upon shared parking with different hours of use. The total requirement for off-street parking spaces shall be the highest of the requirement of the various uses computed for the following five (5) separate time periods: weekdays (daytime, evening), weekends (daytime, evening) and nighttime. For the purpose of calculating the requirement of the various uses for the various separate time periods, the percent of parking required shall be: 10 Weekday Weekend Daytime Evening Daytime Evening Nighttime (6 a.m.- (5 p.m.- (6 a.m.- (5 p.m.- (Midnight- 5 p.m.) midnight) 5 p.m.) midnight) 6 a.m.) (Percent) (Percent) (Percent) (Percent) (Percent) Office 100 10 10 5 5 Retail 75 75 100 70 5 Lodging 75 100 75 100 75 Restaurant 50 100 100 100 10 Entertainment 40 100 90 100 10 Residential 60 100 100 100 100 Source: Urban Land Institute "Shared Parking", 1983) c. Freestanding parking garages as part of a mixed use development are permitted within the MU-H Zone only. Within the MU-H Zone, freestanding parking garages shall not exceed 75 feet in height, and shall not have direct frontage on Boynton Beach Boulevard, Ocean Avenue or Federal Highway unless the portion of the garage abutting said streets contains storefronts, restaurants or other permitted nonresidential uses on the first floor. The intent is to border or wrap the garage in storefronts and other permitted habitable floor area, so as to disguise the garage and create continuity in street-level activity by maintaining interest for pedestrians and passing automobile traffic. Principal structures that include parking garages shall be designed to blend the architecture of the garage with the remainder of the structure to create the illusion that the garage is habitable floor space. d. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors, are permitted within the MU-H and MU-L Zones. Understory parking (on the first floor of a structure) is permitted throughout the MU-H and MU-L Zones for multiple-floor buildings. Such first floor parking areas shall be screened from view by a living trellis (utilizing climbing vines) and/or architecturally articulated fafade designed to screen the parking area. e. In order to increase the efficiency of parking provision and vehicle circulation, parking facilities shall be interconnected whenever possible. Parking facilities shall, wherever feasible, be designed for future connection to an adjoining parcel where an existing connection cannot be established. 9. Dumpster Location. Dumpsters shall be adequately screened from view in a manner compatible with the surrounding environment. 10. Circulation. Development sites with frontage on Federal Highway, Ocean Avenue and Boynton Beach Boulevard shall be designed to discourage mid-block street crossings on these streets. ll 11. Signage. Chapter 21 shall govern signage within the Federal Highway Corridor District, Signs, of the Boynton Beach Land Development Code. 12 Density. The Comprehensive Plan shall regulate maximum density. 13. Definitions. The following are supplement definitions applicable only to the Mixed Use Zoning Districts, and therefore take precedence over definitions in other portions of the Code in case of conflict. Accessory apartment: a habitable living unit added to or created within a single-family dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation. Accessory apartments shall comprise no more than twenty-five percent (25%) of the total floor area of the single-family dwelhng and shall in no case be more than 750 square feet. Antique shops: any premises used for the sale or trading of articles of which eighty percent (80%) are over fifty (50) years old or have collectible value. Antique shop does not include "secondhand store". Child Care: an establishment that provides care, protection and supermsion for children on a regular basis away from their primary residence for less than 24 hours per day. The term does not include facilities operated in conjunction with an employment use or other principal activity, where children are cared for while parents or custodians are occupied on the premises or in the immediate vicinity. Coffee house: an informal caf6 or restaurant primarily offering coffee, tea, and other non- alcoholic beverages, and where light refreshments and limited menu meals may also be sold. Convenience Store: a small store near a residential area that stocks food and general goods and is open all or most of the day and night. Custom furnishings: home furniture and decorative objects built to a buyer's specifications. Cyber caf& a coffee house that provides patrons with computer terminals for browsing the Internet for a fee. Day Spa: spa facilities that have no overnight accommodations, but offer (an an'ay of spa treatments administered by licensed and certified spa technicians) beauty, wellness and relaxation programs that may last from a few minutes up to a full day. Fortune-teller/Psychic: somebody who makes predictions about the future through methods including astrology, palm reading, psychic abilities, crystal balls, tarot cards, or examining tea leaves. Half-way House: A residential facility used to house individuals being transitioned from penal or other institutional custody back into the larger society. Hotel: a building, or part thereof, in which sleeping accommodations are offered to the public, with no cooking facilities for use by the occupants, and in which there is a public dining room 12 for the convenience of the guests. Access to the sleeping rooms shall be through an inside lobby and corridors. Landscaped Area: Open space area not occupied by any structures or impervious surfaces, and landscaped with vegetative material and ground covers pursuant to the Boynton Beach Landscape Code. Medical outpatient facility: an establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, or other health care professionals. Mixed Use Development: a combination of two or more uses on a single parcel. In the Mixed Use-High zoning district this shall consist of a structure or series of structures containing ground floor retail commercial with office uses and/or housing above. In the Mixed Use-Low Intensity zoning district, mixed-use can refer not only to uses within single buildings, but to different uses mixed in close proximity in a single development. Motel: A building or group of buildings designed to provide sleeping accommodations for transient or overnight guests. Each building shall contain a minimum of ten (10) residential units or rooms, which generally have direct access to a parking lot, street, drive, court, patio, etc. Newsstand: a stall, booth or store where newspapers and magazines are sold. Package liquor store: an establishment where alcoholic beverages are dispensed or sold in sealed containers for consumption off the premises. Recreation and Entertainment, Indoor: an establishment offering recreation and entertainment to the general public within an enclosed building. Such uses include movie theaters, bowling alleys, skating rinks, pool and billiard halls, game arcades (pinball, computer), fitness centers, dance studios, court sports and swimming pools. Residential, Multi-Family: A building containing three (3) or more dwelling units that cannot be classified as single-family attached. Residential, Single Family Attached: Two (2) or more one-family dwellings attached by common vertical firewalls, whereby each unit has its own front and rear access to the outside, and no unit is located over another unit. Examples of single-family attached dwellings include duplexes and townhomes. Shelter: A facility, which is not a hotel or motel, used primarily for providing free or very low- cost short-term lodging for individuals who would otherwise be homeless. Soup Kitchen: A facility providing free or very low-cost meals or distributing free or very low- cost pre-packaged foodstuffs to the public as part of a charitable activity, program or organization. 13 Substance Abuse Center: A facility used primarily for the treatment of individuals for alcohol or drug abuse. J:\SHRDATA~Iannin~-~udsonWIIXED USE\CC Drat~ Mixed Use.doc 14 City of Boynton Beach EXHIBIT "B" Z 0 Z GOLF CRA Bound 8000 8000 16000 24000 -- MU-L MU-H -- MU-L City Boundary CRA line PBC Major Roads MU-H MU-L Feet Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 VI.-PUBLIC HEARING ITEM B. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in ro Citw Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21, 2002 [] June 4.2002 [] June 18,2002 [] July 2, 2002 Date Final Form Must be Turned in to Ciw Clerk's Office May 8, 2002 (5:00 p.m~) May' 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19.2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the May 21, 2002 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a three to one vote, recommends that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-091. EXPLANATION: PROJECT NAME: AGENT: DESCRIPTION: FEDERAL HIGHWAY CORRIDOR COMMUNITY REDEVELOPMENT PLAN Infill Planned Unit Development District (IPUD) City of Boynton Beach Request for an amendment to Chapter 2, Zoning, Section 5 to establish the Infi11 Planned Unit Development (IPUD) zoning district for the purposes of implementing the Federal Highway Corridor Redevelopment plan and accommodating redevelopment within planning areas #1 and #5. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATI~] Deve~-ne~t D~ N/A N/A N/A ~uTtm'~t ~ector ,-,- - r. Play'ag and Zoning Director S:~lanning,I-Iudson~PUD Regs~Agenda Request CDRV 02-002 [PUD 5-21-02.dot City Manager's Signature City Attorney / Finance / Human Resources SSBULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO, PZ 02-091 TO: Chairman and Members Community Redevelopment Agency Board THROUGH: FROM: Michael W. Rumpf Director of Planning and Zonin~.,~~ Dick Hudson, Senior Planner DATE: May 5, 2002 SUBJECT: CODE REVIEW CDRV 02-003 Infill Planned Unit Development (IPUD) Zoning District Project: PROJECT DESCRIPTION Proposed Zoning Regulations for Infill Planned Unit Development in response to recommendations for Study Areas I and V of the "Federal H~qhway Corridor Community Redevelopment Plan" Agent: City of Boynton Beach Location: Federal Highway Corridor segment between the north City Limits and the Boynton (C-16) Canal on the north (Study Area I) and Woolbright Road and the south City Limits on the south (Study Area V), and lying generally between the Intracoastal Waterway on the east and the right-of-way of the Florida East Coast (FEC) Railway on the west. NATURE OF REQUEST The proposed addition of regulations governing the development of an Infill Planned Unit Development is a staff-initiated amendment to the Land Development Regulations. The proposed distdct is consistent with the recommendations of the "Federal Highway Corridor Community Redevelopment Plan'; adopted by the City on May 15, 2001. The specific locations where these districts may first be applied are generally described as lands within Study Areas I and V of the "Federal H~qhway Corridor Community Redevelopment Plan", and are designated as High Density Residential, Special High Density Residential or Local Retail Commercial on the Future Land Use Map. (See Exhibit "B"-Location). ANALYSIS The current Land Development Regulations do not address the development of single-family attached dwellings, and in fact due to setback requirements, make it impossible for fee simple townhomes to be developed in anything other than a Planned Unit Development (PUD). Further, the current PUD regulations are based on the Urban Land Institute's Land Use Intensity (LUI) design methodology, which may preclude small (i.e. infill) parcels from being developed as a PUD. The need for regulations to fill this gap has become apparent through discussions with numerous developers who have presented a vadety of proposals to city staff. Page 2 CDRV 02-002 Mixed Use Zoning Districts (MU-H & MU-L) Staff has also determined that one of the primary incentives for infill development and redevelopment in the Federal Highway Corridor will be to accommodate innovative projects that meet market demands, particularly a broader range of housing types and innovative developments that are not contemplated when regulations are adopted. The proposed regulations are intentionally written to encourage developers to present innovative infill and redevelopment proposals for the City's consideration. By the same token, they provide the City's development review team with a high level of control on the types of developments that are approved. This control will ensure compatibility with existing surrounding development, as well as adequate screening and buffering, vehicular and pedestrian circulation systems and amenities. RECOMMENDATION It is staff's opinion that the existing Planned Unit Development regulations do not provide for the development of small infill and redevelopment projects that have become increasingly more important to the revitalization of the City's redevelopment area. It is also the opinion of staff that the proposed Infill Planned Unit Development regulations will allow a broader range of housing types and encourage innovative development proposals than currently allowed.. Therefore, staff recommends the approval of the proposed addition of the tnfill Planned Unit Development district and corresponding development standards to the Land Development Code. If there are changes or additions recommended by the Community Redevelopment Agency Board, they will be attached to this report as "Exhibit C". Exhibits J:\SHRDATA\PLANNING\HU DSON\PUD REGS\CDRVSTAFFRE PT.DOC CHAPTER 2 - ZONING Sec. 5 Residential district regulations and use provisions EXHI~BIT A L. INFILL PLANNED UNIT DEVELOPMENT ([PUD). The Infill Planned Unit Development ([PUD) District standards and regulations are created for the purpose of allowing flexibility to accommodate infill and redevelopment. The IPUD regulations are to be applied to new development or redevelopment proposed on parcels less than five (5) acres in size located within tile "Federal Highway Corridor Community Redevelopment Plan" Study Areas I and V. The areas are generally described as follows: · Study Area I is bounded on the north by the northern City Limits; on the south by the Boynton (C-16) Canal; on the east by the Intracoastal Waterway; and on the west by the centerline ofN.E. 4th Street. · Study Area V is bounded on the north by the centerline of Woolbright Road; on the south by the southern City Limits; on the east'by the Inrracoastal Waterway; and on the west by the Florida East Coast Railroad right-of-way. Parcels five or more acres in size shall comply with the Planned Unit Development regulations found in Chapter 2.5 of the Land Development Regulations, with the exception that the mixed-use provision described in paragraph "4.e." below, shall apply. A mixture of uses, including residential, retail commercial and office, may be allowed contingent upon compliance with the basic intents of the Zoning Code and the Comprehensive Plan with respect to land use compatibility. It is the intent of the [PUD district to provide flexibility in land uses and housing types in exchange for project design that exceeds current development standards applicable to site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to current design standards, including but not limited to requirements for parking spaces, parking lot and circulation design, land area, and setbacks, will be dependent upon project quality and the magnitude that current regulations are exceeded. 2. APPLICATION PROCESS. The procedures and requirements for applying for rezoning to the [PUD district are the same as those for rezoning to the PUD district as stated in Chapter 2.5, Section 10 of the Land Development Regulations. When the [PUD is to be developed in a single phase, the Site Plan for the development may also represent the Master Plan. 3. DEVELOPMENT STANDARDS. Minimum lot area: Maximum lot area Maximum height Maximum lot coverage (Building): 1 acre 5 acres 45 ft. (lesser height may be required for compatibility with adjacent development) 50% Maximum density Minimum usable open space per dwelling unit: 10.8 du/ac for lands classified High Density Residential (HDR) or Local Retail Commercial (LRC). 20 du/ac for lands classified Special High Density Residential. 100 sq. ft. 4. ADDITIONAL STANDARZ)S.' a. SCREENING AND BUFFERING. Appropriate screening and buffeting will be required. Such screening should be intended to shield neighboring properties from any adverse external effects of the proposed development. Screening and buffering should also be used to shield the proposed development from the negative impacts of adjacent uses. Special emphasis should be placed on screening the intrusion of automobile headlights on neighboring properties from parking areas and driveways. b. PEDESTRIAN CIRCULATION. Pedestrian circulation should be carefully planned to prevent pedestrian use of vehicular ways and parking spaces. In all cases, pedestrian access shall be provided to public walkways. c. REQUIRED OPEN SPACE. The usable open space, such as recreation areas and passive common-ownership areas, required for residential development projects and mixed-use residential projects shall be designed to be available to every dwelling unit proposed. This required usable open space shall be designed to maximize privacy and usability to the residents. Private courtyards, natural areas and water bodies shall not count toward required open space. d. TRASH COLLECTION. Special emphasis shall be placed on trash collection points. Trash containers or dumpsters shall be screened and designed so as to be conveniently accessible to their users and collectors. e. MIXED LAND USE. Within the IPUD, mixed land uses may be proposed. Commercial uses shall only be allowed for developments fronting on streets classified as "arterial" on the "Functional Classification of Roadways" map in the Boynton Beach Comprehensive Plan; however, such development must be found compatible with adjacent uses and established design characteristics. Compatibility will also be judged on how well the proposed development fits within the context of the neighborhood and abutting properties, and with current development trends. Any commercial uses shall be small-scale retail and services, intended to serve the residents of the IPUD, and not just the public in general. f. VEHICULAR CIRCULATION. Privately-owned streets providing secondary vehicular circulation internal to the IPUD may be considered for approval with rights-of-way and pavement widths less than the requirements stated in the City's Land Development Regulations; however, in no case shall health, safety anct/or welfare be jeopardized. Roadways providing external connections to the City's street network shall meet all requirements contained in the City's Land Development Regulations. g. EXTERIOR LIGHTING. Lighting of the exterior and parking areas of the planned development shall be of the lowest intensity and energy use adequate for its purpose, and shall not create conditions of glare that extend onto abutting properties. h. NATURAL FEATURES. The physical attributes of the site shall be respected with particular concern for preservation of natural features, tree growth and open space. J:~SHRDATA~PIanning\Hudson~PUD Regs~Infill Planned Unit Development.rtl City of Boynton Beach EXHIBIT "B" 0-16 CANAL CRA Boundaw 8000 -r GOLF RD 80OO 16000 24000 Area V City Boundary CRA line PBC Major Roads Area I Area V Feet Requested City Commission Meetin~ Dates [] March 19.2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 NATURE OF AGENDA ITEM VII.-CONSENT AGENDA ITEM B.I CITY OF BOYNTON BEAC 'AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20.2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Date Final Form Must be Turagd~5 Meeting Dates in to City Clerk'~.~.ffic~--~. ~5 [] May 21, 2002 May 8, 2002 (5:00 p.rr~.~ [] June 4. 2002 May 22, 2002 (5:00 p.m~ [] June 18, 2002 June 5, 2002 (5:00 p.m.)~Z ~'~ [] July 2, 2002 June 19, 2002 (5:00 p.m.~.~ ~.~ 7~ [] Administrative [~ Development Plans ~ Consent Agenda [] New Bush~ess [] Public Hearing [] Legal ~ Bids [] Un£mished Bus/ness [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to award the "TWO-YEAR BID FOR THE RECEIPT AND DISPOSAL OF CONSTRUCTION AND DEMOLITION MATERIALS", Bid #045-2510-02/KR, to Sun Recycling LLC for an estimated annual expenditure of $ 600,000.00. CONTRACT PERIOD: MAY 22, 2002 TO MAY 21, 2004 EXPLANATION: On April 16, 2002, three (3) proposals were received and reviewed by Procurement Services. It was determined that Sun Recycling LLC, of Lantana, Florida is lowest, most responsive, responsible bidder who meets all specifications. Christine Roberts, Assistant Director of Public Works and Larry Quinn, Solid Waste Manager, concur with this recommendation (see attached Memo #02-037). PROGRAM IMPACT: The purpose of this bid is to obtain the services of a qualified, licensed professional to receive the delivery of Construction and Demolition materials for disposal. This bid is for a two-year period at a fixed price per cubic yard, and will be delivered by the City "AS NECESSARY" to the vendor. The provisions of this bid award will allow for two (2), one-year extensions at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. FISC AL IMPACT: BUDGET ACCOUNT NO. Waste Disposal #431-2515-534-34-62 Deputy Director of Finance/Purchasing Agent ESTIMATED ANNUAL EXPENDITURE 600,00 00 City Manager's Signature Procurement Services Department Name City Attomey/ Finance / Human Resources cc: Chris Roberts, Ass't Director Public Works; Larw Quinn, Solid Waste Manager; File S:XBULLETIN~FORMSLAGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: SUBJECT: PUBLIC WORKS DEPARTMENT Memorandum/402-037 Karen Riseley, Buyer Christine Roberts, Assistant Director Public Works~_~ Larry Quinn, Solid Waste Manager April 24, 2002 Bid 044-2510-02/kr Disposal of C/D Materials RECEIVED APR 2 6 2002 I have reviewed the above mentioned bid and recommend it be awarded to Sun Recycling LLC 790 Hillbrath Rd Lantana, FL. The annual expenditure is $600,000 and the account number is 431-2515-534-34-62. Please advise when the vendor has accepted this so we may take advantage of this new pricing. If you have any further questions, I can be contacted at 6206. LQ/dc 0 ~z 0 ~0 m ~ -n oo--t m'r oo'o z _ ~-n ;om, ~-< ~ aO o ~-nl m ~ ~ O > ~ I m ~ 0 _ m m 0 m mo -< r-z om oo~ m m m m ---< ' -z moO ITl Zo r- mm? ~ >~'"~' ~ ~0~ mOm m~ mm o~ ~ ~zz ~ ~_.~ ~ ~ ~ c -. m ~ ~ ~ om > ~ > ~ z mm-- 0 ~m ~ C ~ ~cm 0 m_.~ Oz ~ ~ ~' mo Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16. 2002 [] May 7, 2002 VII.-CONSENT AGENDA ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cit~ Clerk's Office March 6. 2002 I5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3. 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21, 2002 [] June4,2002 [] June 18, 2002 [] July 2, 2002 Date Final Form Must be4'~med : m to City Clerk's Office May 8, 2002 (5:00 p.m,)~:~, May 22, 2002 (5:00 p.m¢~? June 5, 2002 (5:00 p.m.~~ June 19. 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Bus/ness [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to award a Primary, Secondary, and Third place vendor for the "ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT", Bid #045-1412-02/KR, for an annual estimated expenditure of $100,000.00. CONTRACT PERIOD: MAY 22, 2002 TO MAY 21, 2003 EXPLANATION: On April 17, 2002, eleven bids were received and tabulated by Procurement Services. Dominic DeMauro, Warehouse Manager, compiled a list of 15 items currently stocked in the warehouse for each vendor to price according to the discount offered in their proposal. Several vendors did not submit prices and therefore, are considered unresponsive. Mr. DeMauro recommends the following award (see attached Memo): PRIMARY SOURCE VENDOR SECONDARY SOURCE VENDOR THIRD SOURCE VENDOR RITZ SAFETY W.W. GRAINGER SAFETY PRODUCTS 28% Discount off catalog price 15%-60% Discount off catalog price 18% Discount off catalog price PROGRAM IMPACT: The purpose of this bid is to establish a source of supply for the purchase of various safety supplies. Safety supplies will be ordered on an "AS NEEDED BASIS" and stocked within the City's Warehouse. The provisions of this bid award will allow for a one (1) year extension at the same termS, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. FISCAL IMPACT: BUDGET ACCOUNT NO. Warehouse 502-0000-141-01-00 ,t Dep[ty l~irector of Financ-e/Purcha('ing Ag~(~ Procurement Services Department Name cc: Dominic DeMauro ESTIMATED A~NUAL EXPENDITURE 'City Manager's S"ignamre City Attorney / Finance / Human Resources File S:\BULLETIN\FORMS~.GENDA ITEM REQUEST FORM.DOC The City'of Boynton Beach Finance Department WAREHOUSE DIVISION TO: FROM: DATE: Bill Akins Deputy, Finance Director Dominic DeMauro, Warehouse Mana~ April 30, 2002 SUBJECT: Safety Clothing & Equipment Bid I received the tabulation sheet from your office, there were 11 bids submitted. A list of 15 items was compiled, these items are currently stocked in the warehouse, and each vendor was asked to price the sheet with the discount that they offered to the city. The following vendors supplied no pricing: Emergency Medical Products, Iron Age Corporation, Reliance Armor Systems, and Lovely Industries. Rescue Concepts did submit pricing but they changed all of the stock numbers. After speaking with the vendor they re-faxed a new price list with no prices. It is my recommendation that the bid be awarded as follows: Primary Vendor: Ritz Safety 28% off Low on 8 items on price sheet Second lowest on 5 Secondary Vendor: W.W. Grainger 15%-60% off Low on 6 items Second on 6 Third on 2 Third Vendor: Safety Products 18% off Low on 1 Second on 2 Third on 12 If you have any question please contact me at 6324. "0-0 mm ZZ Z Z Ix) o o hO IJJ m ~ <I m o 8 m< m '"o zo 0 m m m ~ ~z o~m m~ b~ · rrl x > o ~ zc° rj> ~ Z Z 0 rn 0 Z Z rn rn Z 0 m ~ z m~ ~> ogeTx~ c) mZ -< 00.~ C::C~ rn zm 0 O0 0 rn m r-;0~ m ~ 0 m - m ~ ~ = =~o m .~.oo z ~: > ffi ..< ITl ~ ~ < 0 © z -r'u ~ ~ ~ ;~ m- mZz -4 m~ o0~ r- - z~ m ~ ~m ~0 0 zOO ~ ~o~ ~o m ~ m o z x z ~ m ~ -n ~-rl ~ ~ - ~_ - m, o'-' ~, ~ E2 o! "0 - oo z ~ ~; 0 z Ol ~ o q~o~°< i, z~ ~ ~~ z m 0 z I ~ ~ ~ 0 <m I m ~> m m z m~ I ~ ,~ ~z~ z I m ~ mm 0 I ~ I m z I I I ~ i >~~ ~z ~ ~ m ~ ~= ~ m~ m m ~ im 8 ~ c ~ ~ ~ I ~ mp m ~z ~ o ~Z~ z o o~ ~ ~ ~ z ~ ~ m O, -- zZ 1 1 1 ~mm ~zz Z Z rn z o cO::, < m ~ z m '"u ;u 0 < m eg °':"m ~ Oc0 Z~ ,u m ~ ~, > o ~.~Zo __.! c, o C>O >i m ~ rn z o >~ ~8°m .~.00 .~mm Z Z 0 0 Z Z Z ~ z m~ m z~m ~ m ~0 ~ m m m ~0 O~ ~m © · ~ m VII,-CONSENT AGENDA ITEH B.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates tn to City Clerk's Office Meetin~ Dates [] March l9. 2002 March6.2002 (5:00p.m.) [] May21,2002 [] April 2, 2002 March 20, 2002 (5:00 p.m.) [] June 4, 2002 [] April t6. 2002 April 3, 2002 (5:00p.m.) [] June 18,2002 [] May 7, 2002 April 17, 2002 (5:00 p.m.) [] July 2, 2002 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.t June 5, 2002 (5:00 p.m.) June 19.2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcemem [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve a "JOINT APPLICATION DEVELOPMENT AGREEMENT" with GOVERNMENT TECHNOLOGY RESOURCES (GTR) for the DEVELOPMENT OF A HUMAN RESOURCES APPLICANT TRACKING SYSTEM in the amount $6,000.00 as a "Sole Source" purchase. EXPLANATION: When the City initially implemented the HTE Software Applications in 1999, Human Resources was anticipating that HTE would be developing an automated applicant HR system As of this date HTE has not been able to deliver the HR application software. Other vendors, products and applications have been investigated by Human Resources and ITS to find a HR application that would integrate with the HTE Software Applications. In addition, Procurement Services has prepared two (2) Request for Proposals during this process to seek a possible solution to the HR application needs with no success. ITS (Memo No. 02-007 attached) is recommending the City enter into a Joint Partnership Agreement with the cities of Delray Beach and Deerfield Beach, among others, to develop customized applicant tracking software that will meet the specifications of the various cities. The completed HR software application will have customized features with integration into HTE, web front end, and work process documentation. The cost of the applicant tracking software is $5,000.00 with annual maintenance costs of $1,000.00. Procurement Services recommends Commission's review, evaluation and approval. PROGRAM IMPACT: The GTR corporation has been newly formed and is headed by Dennis Harward who is one of the original founders of HTE. Since he was granted the software application codes to the HTE this will allow for the necessary programming to develop the applicant tracking system...therefore, the sole source purchase. FISCAL IMPACT: Funding is available in the FY2001/2002 budget as follows: Account Description Reserve for HR Software Deputy Director of Financial Services Procurement Services Department Name Account Number 001-5000-590-02-78 Budget City Manager's Signature City Attffrl~y~/Finance/ Human Resources S:\BULLETIN~FORMS~GENDA ITEM REQUEST FORM.DOC interoffice MEMORANDUM To: From: Re: Bill Atkins, Purchasing Agent Peter Wallace, I.T.S. Directo~j;~..__.. Human Resources Application Date: April 16, 2002 ITS Memorandum No. 02-007 APR 1 7 2002 The City of Boynton Beach has been waiting for an automated applicant HR system for the last four years. The original H.T.E. HR module was introduced after the H.T.E. enterprise suite was deployed in the city in 1999. Since that time, H.T.E. has not been able to deliver the application. Several other vendors, products and applications were also investigated to provide the HR application that would allow a seamless integration with the H.T.E. finance module. The response to the city's latest RFP to obtain the HR application did not provide sufficient information detailing the integration of their product with H.T.E. In addition, the HR department would like to provide web access to most of the HR components. TyPically, the off the shelf products would require another web enabled application module with additional cost. I.T.S. Department's recommendation is to provide a customized application that will meet the request of the city's Human Resources Department rather than the "one shoe fits all principle". Cities and counties within the government sector are utilizing, in most instances, packaged software that was developed over the past twenty-years referred to as "legacy systems." Software vendors over the past few years have moved to a user front-end that supported a graphical user interface (GUI) and recent efforts by many have moved the front-end to a browser environment. No matter what front-end is used, these legacy systems do not take advantage of newer technology design, integration, workflow processing, online processing, and the ability to run on multiple database and hardware platform. We are recommending that the City of Boynton Beach entered into a joint partnership with the cities of Delray Beach and Deerfield Beach, among others, to develop customized applicant tracking software that will meet the specifications of the various cities. The final product would have customizable features as requested by our Human Resources Department with integration to the H.T.E. finance module, web front end, and work process documentation. The cost of this customized applicant tracking software will be less than $6000. In comparison, an off-the-shelf product that would not be customized would typically cost $25,000. The City of Boynton Beach will have control over the design, development and testing of the application to ensure satisfaction of the product. Attached is a Joint Application Development Agreement with Government Technology Resources. c: Carol Cheek Attach me nt Government Technology. R E S O U R C E S TO: RE: DATE: FROM: City of Boynton Beach Peter Wallace, Director of Information Sole Source Document May 9, 2002 Dennis Harward, GTR 13501 Ingenuity Drive Suite 100 Orlando, FL 32826 Phone: 407.277.0176 GTR has created an Enterprise Content Management system (ECM) that will allow the City to manage all Web content from a single source. E-government capabilities such as Utility Payments and Job Applications are an integral part of this system and do not require the integrated of numerous legacy systems. GTR is the only vendor that is building totally new Java-based applications that can utilize existing enterprise data that is stored on the AS/400. The Company is working with several south Florida municipalities in a process called Joint Application Development (JAD) that allows agencies to share the cost of developing new applications. Currently, Delray Beach and Deerfield Beach are a part of several JAD projects. The management of GTR has more than twenty years of experience in developing and implementing thousands of local government applications. For this reason, GTR offers a money-back guarantee on all projects. In addition, GTR does not require Customers to commit to expensive software maintenance agreements. The software has a lifetime warranty against defects and enhancements are provided on an as-needed basis. This will significantly reduce the total cost of ownership on all new software developed by GTR. RESOLUTION R 02- .A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A JOINT APPLICATION DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND GOVERNMENT TECHNOLOGY RESOURCES (GTR) FOR THE DEVELOPMENT OF A HUMAN RESOURCES APPLICANT TRACKING SYSTEM IN THE AMOUNT OF $6,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, due to the fact that the original vendor, HTE, was ~nable to furnish the City with an automated applicant HR system, staff nvestigated other options; and WHEREAS, two separate RFP's were prepared to seek a possible solution to the HR application needs with no success; and WHEREAS, staff has recommended that we enter into this Agreement with Government Technology Resources (GTR) to develop an automated applicant tracking system for the Human Resource ::)epartment; WHEREAS, the City Commission, upon recommendation of staff ~as determined that it is in the best interests of the citizens and employees of the City to enter into an Agreement with Government Technology Resources, for the development of a human resources applicant tracking system in the amount of $6,000 as a "Sole Source" 3urcahse. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute a Joint Participation Development Agreement between the City of Boynton Beach, Florida and Government Technology Resources (GTR) for the development of a applicant tracking system, a copy of said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this day of May, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) Commissioner S:ca/reso/agreements/GTR Government Technology Joint Application Development Agreement CUSTOMER NAME AND ADDRESS: Agreement Number: 1010 Date: 05/15/02 City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 (Customer named above is hereinafter referred to as "Customer") THIS GOVERNMENT TECHNOLOGY RESOURCES, INC. JOINT APPLICATION DEVELOPMENT AGREEMENT (me ~Agreement"), is made and entered into this 15th day of May, 2002, by and between GOVERNMENT TECHNOLOGY RESOURCES. INC. (~GTR') of 13501 Ingenuity Dr. Orlando FI. and Customer. GTR and Customer agree that all services to be provided by GTR to Customer hereunder shall be fumished only under the terms and conditions of this Agreement and its "Schedule (s)". WHEREAS, GTR is a technology product and service firm specializing in govemment sector providing certain technology software products and services that GTR has develol~<l and owns. and WHEREAS, Customer has special knowledge of the government software solution requirements and desires to participate in a Joint Application Development Project (JAD) with GTR and, WHEREAS, GTR desires to participate with Customer in the JAD Project pursuant to the terms and conditions contained herein: NOW THEREFORE. in consideration of the mutual promises contained herein, it is agreed to as follows: 1. Definition of Terms. As used herein: 1.1 "Application(s)" means the base sol, rare component(s) developed to which Customer has requested and paid therefor according to the terms and conditions as listed on attached ~Schedule(s)". including, but not limited to, license(s) to use the software component(s) programs anc] related documentation, and any modifications thereto. 1.2 "Agreement" means this JAD Agreement including all schedules attached hereto. 1.3 "JAD Project" means the development of specific software applications as defined in the "Schedule(s)" attached hereto and incorporated herein by this reference. 1.4 "Customer" means a participant and end-user of the software applications developed through the ~JAD Project". 1.5 "Schedule(s)" means an attachment(s) to this Agreement, which is a part of this Agreement for all purposes. 1.6 "Components" means the base software Application(s) developed to which Customer has requested and paid therefor according to the terms and conditions as listed on attached "Schedule(s)". ;). Application Development. GTR shall develop and provide to Customer those software Application ("Components") described on the attached "Schedule(s)". The Application Components shall be for Customer's sole use and not for any third party. 2.1 Completion Date: GTR shall provide the Coml~onents to Customer by the date specified on the attached "Schedule(s)". 2.2 "Needs Analysis" and "Specifications": GTR shall complete with Customer a thorough needs analysis and specifications identification to fully comprehend the business process and software functionality necessary for the development of the new software component(s). 2.3 Optional Services Assistance. GTR shall, if requested by Customer and a whtten Amendment to this Agreement is executed by both Parties, provide optional services and customization described on the attached "Schedule(s)". 3, Term of Agreement, This Agreement shall be effective upon execution by both parties and shall continue in force through completion of services described in the ~Schedule(s)" unless earlier terminated in accordance with the terms set forth herein. 4. Charges for Services, Customer shall compensate GTR for their services in accordance with those specifications set forth in the attached ~Schedule(s) ". GTR shall bill no costs or services to Customer which are not specifically set forth in this Agreement or its attached schedule(s). 4.1 The Customer shall pay any applicable sales, use, excise, value-addec[, or other tax or governmental charges imposed on the licensing or use of the software Application component(s). Government Technology RESOURCES 5. GTR's Obligations. To assist Customer by developing the required applications ss defined in the attact'~-~ "schedu~.:~s)' GTR will: 5.1 provide all base software component(s) Applications, including changes, updates, and modifications thereto, and services necessary for operation of said software developed by GTR dudng the JAD Project as defined on the attached ~Schedule(s)": 5.2 perform Needs Analysis and Specifications identification to fully determine the reauired functionality ana processes 5.3 perform document Needs Analysis and Specifications and present to Customer for mutual acceptance 5.4 provide efficient communication, testing, and training accessibility dudng the JAD Project 5.5 provide project management services throughout the JAD Project 5.6 provide Application support and system support throughout the JAD Project. 5.7 either provide Customer with all source code produced pursuant to this Agreement or ensure that suc~ source code is placed in escrow and is provided to Customer in the event that GTR either dissolves, ceases to exist, goes o~t of business, or for any other reason is unable to propedy support the completed application(s). 6. Customer's Obligations. In order to enable GTR to perform its obligations hereunder, and as a condition precedent to GTR's obligations to perform hereunder, Customer shall: 6.1 within ten (10} days following the execution of this Agreement designate a primary and a secondary contact, including telephone numbers and e-mail addresses; 6.2 exercise all due diligence in the performance of its obligations hereunder in connection with the execution of this agreement. 6.3 provide the committed resources to ensure the accuracy and timely comp~t~n of all required Needs Analysis and Specifications. 6.4 thoroughly review all Needs Analysis and Specifications documentation and acknowledge and note mutual acceptance thereof. 6.5 participate in ali required testing and training as deemed necessary to ensure the compliance and adherence to all required functionality and processes as defined and documented throughout the Needs Analysis and Specifications process. 6.6 upon completion of software development project(s), a Software License and Service Agreement will be initiated between the Customer and GTR for any software components developed under this Agreement or and attached Schedules. Object code will be provided to the Customer and source code shall be held in escrow according to the terms and conditions of the Software License and Service Agreement. 7. Representations, Warranties and Limitation of Liability. 7.1 GTR represents that it is the owner of all Applications developed by GTR and is authorized to license the nght to the use of such software component(s). 7.2 GTR warrants that the Application(s) will perform in substantial compliance with the requirements of the customer as defined in the Needs Analysis and Specifications. GTR wan-ants that in the provision of services hereunder, GTR will use employees, agents or contractors w~o are adequately b'aineq and who possess the requisite skills and professional knowledge to provide the development and support assistance in the development and utilization of the Applications. 7.3 In the event an Application is found to not substantially conform to its then-current documentation, Customer shall so advise GTR and GTR shall diligently pursue resolution of the discrepancy between the Application and its documentation. 7.4 IN NO EVENT SHALL GTR BE LIABLE TO CUSTOMER FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING UNDER THIS AGREEMENT. n no event shall GTR be liable to Customer for other damages arising under this Agreement unless such damages result from intentional misconduct or gross negligence on the part of GTR's officers or employees, in which event GTR's aggregate liability under the Agreement will be limited to the lesser of either (a) actual damages resulting directly from such conduct, or (b)the~,~ amount of Fees actually paid to GTR by Customer hereunder this Agreement. 7.5 The Application component(s) software and documentation constitute an unpublished work and contain valuable trade secrets and propdetery information belonging to GTR. THE PROVISIONS HEREOF ARE IN LIEU OF ALL WARRANTIES. EXPRESS OR IMPLIED AND WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE. 8. Confidentiality of Customm,'s Information. 8.1 GTR acknowledges that Customer regards as confidential and as a proprietary asset any information or materials that come to the attention of GTR by reason of (a) the presence of GTR's agents, employees, or representatives at Customer's site, or (b) GTR furnishing services to Customer in connection with this Agreement (such information, materials, and records collectively being referred to as "Customer's Confidential or Proprietary Information"). 8.2 GTR agrees to safeguard Customer's Confidential or Proprietary Information by holding it in sb'ict confidence, disclosing it only to those employees, agents or contractors who have a need to know in order to provide services as agreed upon. In the event that a subpoena or other legal process that in any way concerns Customer's Confidential and Propdetery Information is served upon GTR, then GTR agrees to notify Customer in the most expeditious fashion possible following receipt of such subpoena or other legal process, and GTR will reasonably cooperate with Customer, as requested by Customer, to contest the legal validity of such subpoena or other legal process (provided that Customer agrees to pay any expense GTR incurs in so doing). 8.3 GTR agrees to take all reasonable steps to prevent the disclosure, publication or dissemination of Customer's Confidential or Proprietary Information to any other person or entity, except where and to the extent specifically required by law. Governmenf Technology 8.4 The provisions of this Section 8 shall survive termination of this Agreement. 9. Intellectual Property. 9.1 All computer programs, including the Applications, related documentation, wdtten procedures, cooies of transC~ ;3ts, and similar items are proprietary to and shall be considered trade secrets and confidential information remaining the property of GTR. Customer agrees that. other than those disclosures and records required to be made or maintained pursuant to Florida's Sunshine Law, it will not disclose to any third party at any time (either dunng or after termination of this Agreement) any trade secrets or any other secrets or confidential information: learned by Customer in connection with this Agreement. All documentation shall be returned to GTR upon termination of this Agreement. All odginal input data items remain the property of Customer and will be returned pursuant to Customer's instructions, so long as Customer is not in breach of this Agreement. Customer shall retain or destroy all odginal ~nput documentation and other documentation in accordance with its own procedures. 9.2 The provisions of this Section 9 shall survive termination of this Agreement. 10. Termination, 10,1 This Agreement may be terminated by either party within the first 30 days after execution and thereafter upon 60 days written notice. Customer will pay all amounts due and payable under this Agreement to the effective date of termination. Customer may retain the deliverables completed as of the date of termination. 10.2 In the event of a breach of this Agreement by either party that is not remedied within 10 days after delivery of written notice of such breach, the aggrieved party may terminate this Agreement by written notice to the other. 10.3 Upon termination of this Agreement for any reason, the parties shall use their best efforts to return to the other party, in an ordedy and expeditious manner, such information, documents, and other tangible and intellectual property that belongs to that party 10.4 Customer's obligation to pay any and all fees or other monies hereunder shall suave termination of this Agreement. 11. Notices. Any notice, request, demand, or other communication required or permitted hereunder will be given in writing, communication charges prepaid, to the party to be notified. All communications Will be deemed given when received. The add~ for the parties for the purposes of such communication are: If to Customer To the address shown on Page 1 of this Agreement. If to GTR: Government Technology Resources, Inc. 13501 Ingenuity Ddve, Suite 100 Orlando, Flodda ATTENTION: Contracts/Legal Counsel A party may change its address only upon wdtten notice to the other party in which case this Agreement will be deemed to have been so modified. 12.Governing Law/Dispute Resolution. This agreement shall be govemed by, consb'ued, and enforced under and in accordance with the Laws of the State of Flodda. In the event of any litigation adsing under or construing this Agreement, venue shall lie only in Palm Beach County, Flodda. Pdor to either party commencing any legal action under this Agreement, the parties agree to try in good faith, to settle any dispute amicably between them. If any dispute adses between the parties either relating to this agreement or in any way adsing out of this agreement then the complaining party shall provide a notice of such dispute, in writing, to the other party. Such notice shall include both a specific description of the dispute¢ issues and suggested action(s) to remedy such dispute. The Pa~es shall thereafter attempt, in good faith, to settle such dispute. If no resolution of the dispute is reached within forty-five (45) days of the notice of dispute, then either party may pursue any legal remedy it may have available including instituting suit in a court of competent jurisdiction. 13. Assignment. Neither party shall have the power to assign any of the duties or dghts or any claim adsing out of or related to the Agreement, whether adsing in tort, contract, or otherwise, Without the written consent of the other party. These conditions and the entire Agreement are binding on the heirs, successors, and assigns of the parties hereto. 14. No Third Party Beneficiaries. This Agreement gives no dghts or benefits to anyone other than GTR and Customer. 15. Force Majeure. Neither party shall be in default by reason of any failure in the performance of this Agreement if such failure adses out of causes beyond its reasonable control. Such causes may include, but are not limited to, acts of God, acts of the public enemy, acts of government in either its sovereign or contractual capacity, acts of the oarty whose performance is not sought to be excused, riras, flood, weather, epidemics, quarantine restrictions, strikes, freight embargoes, failure of transmission or power supply, mechanical difficulties with equipment which could not have been reasonably forecasted or provided for, or other causes beyond its sole control. The party so affected will resume performance as soon as practicable after the force majeure event terminates. 16. Contractual Documents. This Agreement, along with its attached "Schedule(s), contains the complete agreement between the parties with respect to the subject matter hereof. No additional representations, agreements or modifications or amendments to this Agreement hereafter made by a party shall be binding upon either party unless a written Amendment to this Agreement is entered into by the par'dee. 17. 18. Government Technology R E $ O U I~ C E S Entire Agreement. This Agreement and attached "schedule(s) contain the entire understanding of the par~es with respect to its subject matter, and supersedes and extinguishes all pdor oral and written communications between the parties relative to its subject matter. Signature Authority. Each party represents and warrants to the other that the signatory of that party is authorized to enter into this Agreement for and on behalf of that party, Accepted by: City of Boynton Beach, Florida Government Technology Resources, Inc. By: Authorized Signature By: Authorized Signature Type or Pdnt Name and Title Type or Print Name and Title Date Da~e Government TechnoJogy ~ IE S 0 U I~ C E S SCHEDULE "A" Scope of Services/Task Task/Services: 1, JAD Project Participation for the following software Application component(s). · Applicant Tracking System · Needs Analysis and Specification identification · Component Implementation and Training Description of work: Develop and Implement an Applicant Tracking system (base component) Duration: The duration has been estimated at 8-12 weeks elapsed time. Deliverables: Applicant Tracking System Product Definition: Internet Browser-based Applicant Tracking System (preliminary) · Ability for an applicant to see the current open job posting from the Intemet and be able to attach resumes to the job application. · Applicant would create a profile then be allowed to submit applications for as many job postings, as they want. The profile or questionnaire will include such items as age. sex, race, date opened, date closed, resumes, etc. They should be able to go back and see the status of their application and to review any test scores. They should also be able to change their profile at any time. Status changes will need to be recorded. · The applicant can also view or down load the extended job description of any job. They will also be able to up load things such as resumes. · The i~uman resource department will have the ability, from the applicant, to view all jobs that they have ever applied for. · View all applicants that have applied. , HR department will have the ability to select one or all applicants and create a document merge with Word, to send letters ana will have a notes area that can be attached to applicant. , Be able to attach documents and images to an applicant, job posting or to a job description. · Enter the cost and description of where the job was advertised. , Questions on the application so the HR department can compare the effectiveness of different advertisements. · User-friendly system that can De accessed under proper secudty levels for viewing and modifications to data. , Provide data stream for statistical reporting and interfaces to forms, letters, searches, etc, · HR depart~nent will De able to assign dates and times to a job applicant to schedule interviews and tests. · Results of the =test will be stored on the applicant's record and can De view by them over the Intemet. · A software manual describing functionality is to be provided. · Pdnt a listing by date and department showing the daily schedule of interviews. · Department heads will have the ability to view the applicant data for the job postings. · Upon completion of this software development project, a Software License and Service Agreement will be completed between the Client ancl GTR for the Applicant Tracking System. Object code will be provided to the Client and source code shall be held in escrow according to the terms and conditions of the Software License and Service Agreement. Resources: GTR resources and Customer resources, Customer provides the application and database servers and related operating systems, and report writer software product and license, if applicable. Cost: $5,000 (Software Development Cost for base product component) 75% paid at time of contract signing ($3,750) 25% paid upon completion and customer signoff of project completion ($1,250) Customer shall pay to GTR, for JAP Project Participation and development and delivery of all Base Components specified in Paragraph 1 of this Section, a total amount of five thousand dollars ($5,000). The parties understand and agree that such amount represents the total amount of compensation payable by Customer to GTR for any and all services rendered, costs incurred, and materials provided pursuant to this Agreement unless the parties agree to and enter into a written Amendment to this Agreement. Governmenf Technology Customer shall pay to GTR three thousand, seven hundred fifty dollars ($3,750) at the time of execution of this AgreemenL such amount representing seventy five percent (75%) of the totat amount of compensation payable by Customer to GTR for JAD project Participation and development and delivery of all Base Components specified in Paragraph I of this Section. Customer shall also pay GTP, one thousand, two hundred, fifty dollars ($1,250) at the time of such delivery and acceotance of all Base Components specified in Paragraph 1 of this Section, such amounts constituting the remaining twenty five percent (25%) of the total amount of compensation payable by Customer to GTR for JAD Project Participation and development and delivery of al~ Base Components spec/fled in Paragraph 1 of this Section. GTR provides the customer a Satisfaction Guarantee for a period of one year from date of base component product delivery to customer for each base component product delivered. Should customer not be satisfied with the base component product(s) during the one-year pedod, GTR will return to the customer the dollar amount paid for such base component product(s) that do not meet the customer's satisfaction. Customer may request, through written Amendment to this Agreement. that GTR 0rovide annual maintenance services for the base components delivered through this Agreement. If Customer requests such services, then GTR agrees that the annual amount charged by GTR to Customer for such services shall not exceed 20% of the odginal software component purchase pdce. Timing: The product is to be delivered upon an agreed upon delivery date between the City and GTR. Satisfaction Guarantee: GTR provides the City a Satisfaction Guarantee for a pedod of one year from date of base component product delivery to the City. Should City not be satisfied with the base component product(s) during the one-year pedod, GTR will return to the City the dollar amount paid for such base con; 0onent product(s) that do not meet the City's satisfaction. Accepted by: City of Boynton Beach, Florida By: Authorized Signature Type or Print Name and Title Date Government Technology Resources, Inc. By: Authorized Signature Type or Pdnt Name and Title Date Government TechnoJogY R E $ 0 U R~ C E $ SCHEDULE"B'~ Scope of Service/Task The service(s) to be provided through Government Technology Resources, Inc. (GTR) for the City of Boynton Beach is to develop and provide a Web Content Management System (Portat)for the City of Boynton Beach that meets defined and approved software requirements. Some of the pdmary software attributes are listed below. Product Definition: City of Boynton Beach Web Content Management System {Portal) version 1.5 The Boynton Beach Web Content Management System (Portal) will utilize Java, PHP, and Mysql Intemet technologies to empower the City of Boynton Beach to deploy efficient, robust, scalable web applications that will bdng the City at the forefront of content management solutions, Listed below are the modules that will be installed within the Web Content Management System (Portal): Content Manager The Content Manager Application allows for rapid delivery of web content Via a modem graphical user interface. Administrators can easily add web content by accessing the content management system fram any location with web access. Content templates, user privileges, and unrivaled page resources allow administrators unsurpassed control of their content and the way that it is presented. One of the most powerful, timesaving features that the Content Manager offers is dynamic image generation. A typical web environment would require the creation of special header images for every page of content that was created. The Content Manager dynamically creates images that are needed for each page of content, with the images displayed following the defined rules for the site's design. Not only does this save a significant amount of time for the site administrator, but it also creates consistency throughout the site. giving the end user a more productive and enjoyable site experience. Other Features Include: , Ability to manage content tern plates · Ability to assign user classes to manage the site structure Content Resource Library The Content Resource Library works directly with the content manager to deliver reports, PDF files. Excel spreadsheets, Web Links, and the ability ta add custom downloadable data types to the end-user. The Solodev Content Resource Library is a storage facility for documents and web links that can be independently assigned to vadous content pages throughout the Solodev Content Manager. Other Features Include: · Ability to archive, rollback, and commit data stored within the toolkit · Ability to add portal links to the home page · Ability to manage file formats option for adding data Enterprise Calendar Suite Other Features Include: · Calendar and press release templates are included · Ability to create a new calendar anywhere within the site structure User Manager Within the content management system, user classes govern security and every module, object and/or function within the system goes through our Enterprise Security Server to vedfy that all requests to the module, object and/or function by the user classes are authorized. The User Manager will allow administrators to create user classes and decide which modules, objects and/or functions within the system each class has accees to. Once a user class is created, users can then be assigned to this class in order to gain access to different modules, objects and/or functions within the system. Other Features Include: , Ability to restrict site stnJcture to designated user classes-- Other Modules Include: · Foundation Server, the brain of the system · Security Server, J~andles all site secudty Search Engine, provides results to queries throughout the entire site · Dynamic Site Map, Representation of Site Content Software License and Service Agreement(s): A Software License Agreement will be executed between the City of Boynton Beach and GTR for the City's use of the Web Content Management System (Portal). Object code will be provided to the City and source code shall be held in escrow according to the terms and conditions of a Software License and Service Agreement(s), Government Technology ~SOU~C~S Cost: $15,000 (.Software Cost for base product component) ;100% due and payable upon delivery and acceptance of the Web Content Management System (Portal) to the City of Boynton Beach. Timing: The product is available for delivery upon execution of this Exhibit. Satisfaction Guarantee: GTR provides the City a Satisfaction Guarantee for a pedod of one year from date of base component product delivery to the City. Should City not be satisfied with the base component product(s) dudng the one-year period, GTR will return to the City the dollar amount paid for such base component product(si that do not meet the City's satisfaction. Accepted by: City of Boynton Beach, Florida Accepted by: Government Technology Resources, Inc. (Signature) (Title) (Signature) (Month, Day) ,2002 (Title) (Month, Day) ,2002 Government Technology R E S 0 U R C E S SCHEDULE "C" Scope of Service/Task The service(s) to be provided througn Govemment Technology Resources, nc. (GTR) for the City of Boynton Beach is to develop and provide an Intemet Bill Payment module for Utilities for the City of Boynton Beach that meets defined and approved software requirements. Some of the pdmary software attributes are listed below. Product Definition: Internet Bill Payment Module To allow the citizens of Boynton Beach to remotely pay their water bills over the Intemet. System Architecture: The point of entry for users of the system will be via browser software (such as Intemet Explorer) into a web-server hosted by the City of Boynton Beach, The web-server will be responsible for providing users with web pages, allowing them to make water bill payments through a web browser interface. The web server will communicate with the AS/400 that runs the current enterprise legacy software to determine informaUon relevant to bill payments and to pass informaUon to the legacy system regarding payments that have been processed. The web-server will mediate credit card payments through a third party arrangement established by the City that will be accessible over the Intemet. System Scope: The system scope will encompass the following functionality: · The user will log in to the system using an account number and password (or pin number). · The user will be authenticete(~ and will then proceed to a screen where he/she will view information pertinent to his/her account including: , Account number . Address . Account balance · Current charges · Balance due · From this screen the user my elect to pay their bill. The bill payment screen will then be displayed where the user will fill in credit card details and the amount to be paid. · Once the user has filled in the relevant payment information, and vedfies that the payment should be made, the credit card payment will be carried out through the third party credit card payment provider that is selected by the City. The user will be informed of the success or failure of the payment and (in case of a successful transaction) the legacy system will be updated to reflect the payment of the bill, Software License and Service Agreement(s): A Software License Agreement will be executed between the City of Boynton Beach and GTR for the City's use of the Intemet Bill Payment module. Object code will be provided to the City and source code shall be held in escrow according to the terms and conditions of a Software License and Service Agreement(s), Cost: $10,000 (Software Cost for base product component) . 75% due and payable upon execution of this Exhibit. , Remaining 25% due upon delivery and acceptance of the Intemet Bill Payment module to the City of Boynton Beach. Timing: The product is to be delivered upon an agreed upon delivery date between the City and GTR, Satisfaction Guarantee: GTR provides the City a Satisfaction Guarantee for a pedod of one year from date of base component product delivery to the City. Should City not be satisfied with the base component product(s) dudng the one-year pedod, GTR will return to the City the dollar amount paid for such base component product(s) that do not meet the City's satisfaction. Accepted by: Accepted by: City of Boynton Beach, Florida Government Technology Resources, Inc. (Signature) (Signature) (Title) (Title) ,2002 ,2002 (Month, Day) (Month, Day) Government Technology R E $ 0 U R~ C1 E SCHEDULE ~'D" Services: Scope of Service/Task 1 JAD Project Participation for the following software Application component(s). · Code Enforcement · Buitding Permits · Business Licenses · Planning & Zoning Needs Analysis and Specification identification Component Implementation and Training Interface support Corn pensation: 1. Costs for JAD Project Participation and Base Component Development and Delivery , Code Enforcement Base Component $6,250 · Building Permits Base Component $6,250 · Business Licenses Base Component $6,250 , Planning & Zoning Base Component $6,250 Total $25.000 2. Needs Analysis and Specification identification Included in JAD Project Participation Fee 3. Component Implementation and Training Included in JAD Project Participation Fee 4. Customer shall pay to GTR. for JAD Project Participation and development and delivery of all Base C,o~nponents specified in Paragraph I of this Section, a total amount of twenty-five thousand dollars ($25,000). The par~es understand and agree that such amount represents the total amount of compensation payable by Customer to GTR for any and all services rendered, costs incurred, and materials provided pursuant to this Agreement unless the parties agree to and enter into a written Amendment to this Agreement. 5. Customer shall pay to GTR eighteen thousand, seven hundred, and fifty dollars ($18,750) at the time of execution of this Agreement, such amount representing seventy five percent (75%) of the total amount of compensation payable by Customer to GTR for JAD Project Participation and development and delivery of all Base Components specified in Paragraph 1 of this Section. Customer shall also pay GTR six thousand, two hundred, fifty dollars ($6,250) at the time of such delivery and acceptance of all Base Components specified n Paragraph 1 of this Section, such amounts constituting the remaining twenty five percent (25%) of the total amount of compensation payable by Customer to GTR for JAD Project Participation and development ancl delivery of all Base Components specified in Paragraph 1 of this Section. 6. GTR provides the customer a Satisfaction Guarantee for a pedod of one year from date of base component product delivery to customer for each base component product delivered. Should customer not be satisfied with the base component product(s) dudng the one-year pedod, GTR will return to the customer the dollar amount paid for such base component product(s) that do not meet the customer's satisfaction. 7. Customer may request, through written Amendment to this Agreement, that GTR provide annual maintenance services for the base components delivered through this Agreement. If Customer requests such services, then GTR agrees that the annual amount charged by GTR to Customer for such services shall not exceed 20% of the odginal software component purchase price. Timing: The product is to be delivered upon an agreed upon delivery date between the City and GTR. Satisfaction Guarantee: GTR provides the City a Satisfaction Guarantee for a pedod of one year from date of base component product delivery to the City. Should City not be satisfied with the base component product(s) during the one-year pedod, GTR will return to the City the dollar amount paid for such base component product(s) that do not meet the City's satisfaction. Accepted by: City of Boynton Beach, Florida Government Technology Resources, Inc. By: By: Authorized Signature Authorized Signature Type or Print Name and Title Date Type or Pdnt Name and Title Date Requested City Commission Meeting Dates [] March 19. 2002 [] April 2, 2002 [] April 16,2002 [] May 7, 2002 VII.-CONSENT AGENDA CITY OF BOYNTON BEACI. ITEM B.4. -AGENDA ITEM REQUEST FORM Date Final Form Must be Turned ~n ro City Clerk's Office Requested City Commission Meeting Dates March 6, 2002 (5:00 p.m.) [] May 2l, 2002 Date Final Form M~t.._l~ Turn~..:'~, in to City Clerk's~gf.f~e , May 8, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) [] June 4, 2002 May 22.2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) [] June 18, 2002 June 5, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) [] July 2, 2002 June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans Consent [] New Business Agenda [] Public Hearing [] Legal Bids [] Un£mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to negotiate a contract with Architects Design Group, Inc. of Winter Park Florida for the City Wide Space Planning Study, RFQ#040-2413-02/CJD. EXPLANATION: This project is being initiated in order to develop a long-range and capital improvement program which will incorporate all aspects of space planning. The f'mal product will be in the form of a report which will include: a description all existing City buildings and properties and their use and accessibility; an assessment of space requirements, including adjacency and facility condition studies; a prioritization of recommendations for best utilization of existing space and requirements for land acquisition and expansion, including estimated costs; recommendations for usage standards for design, offices, public meeting spaces, conference rooms, restrooms, outdoor storage, parking, and potential for future expansion; and a detailed action plan for implementing the prioritized recommendations. A "Request for Qualifications" (RFQ) was publicly advertised the week of February 18, 2002. Qualification responses were opened March 20, 2002. Proposals were received from six (6) Consultants per attached Tabulation Sheet. A public evaluation was conducted April 4, 2002 by a committee consisting of Jeffrey Livergood, P.E., Dkector of Public Works, Quintus Greene, Director of Development, Laurinda Logan, P.E., Civil Engineer, Bill DeBeck, Project Manager, and Clem Bucher, Contract Administrator. The RFQ's were reviewed, rated, and averaged (see attachment). The top three rated firms, Architects Design Group, Inc., Spillis Candela DMJM, and URS Corporation were invited to prepare a presentation, to the committee and the public, which was done on April 24, 2002. A second rating was done and the top fu'm was Architects Design Group, Inc. The committee is now seeking approval to begin contract negotiations. PROGRAM IMPACT: Architects Design Group, Inc. (ADG) has performed in a satisfactory manner on many projects of a similar nature, as well as having provided services to the City of Boynton Beach previously. The selection committee considers ADG qualified and competent for the performance of this project. FISCAL IMPACT: Funds, in the amount of $70,000.00 (Seventy Thousand Dollars), are available for the proposed City Wide Space Planning Study in Account Number 302-4101-580.31-90. The assigned project number is Capital Project #0272. Fees will be negotiated with the recommended consultant as near to the budgeted amount as possible. S:XBULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH -AGENDA ITEM REQUEST FORM ALTERNATIVES: To date no comprehensive survey and evaluation has been made of the various departments, their existing space, and their future needs. The alternative of not proceeding with this City Wide Space Planning Study is not considered wise since it will hamper efforts to accurately and adequately plan for the growth and expansion of the City and the services it provides. Bill Atkins, Deputy Director of Financial Services Procurement Services Department City Manager's Signature City Attorney / Finance / Human Resources C' Laurinda Logan Jeff Livergood Quintus Greene Bill DeBeck Clem Bucher File P.E. Civil Engineer Public Works Director Development Director Project Manager Contract Administrator S:~BULLETINWORMS~kGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 02-097 TO: FROM: DATE: RE: Bill Atkins, Deputy Director of Finance/Purchasing Agent Procurement Services Laurinda Logan, P.E., Civil Engineer ~~ Engineering Department \ May 8, 2002 ~.. ~ / City Wide Space Planning Study BID #040-2413-02/CJD Recommendation to Approve Consultant Selection RECEIVED MAY - 8 21112 ""OC v,c s Bill, The Department of Public Works/Engineering Division is recommending approval of the consultant, Architects Design Group, Inc. (ADG) so we may proceed with contract negotiations for the City Wide Space Planning Study, RFQ #040-2413-02/CJD. This project is being initiated in order to develop a long- range and capital improvement program. The project was publicly advertised in February 2002. Qualification responses were opened in March 2002. Respondents were, Architects Design Group, Inc., BEA International, Inc., Song + Associates, Inc., Spillis Candela DMJM, URS Corporation, and Zabik & Associates. These firms were evaluated by Jeff Livergood, Quintus Greene, Laurinda Logan, Bill DeBeck, and Clem Bucher. The top three rated firms, Architects Design Group, Inc., Spillis Candela DMJM, and URS Corporation made a presentation to the committee and the public on April 24, 2002. A second rating was done and the top firm was Architects Design Group, Inc. Architects Design Group, Inc. (ADG) has performed in a satisfactory manner on many projects of a similar nature, as well as having provided services to the City of Boynton Beach previously. The selection committee considers ADG qualified and competent for the performance of this project. Funds, in the amount of $70,000.00 (Seventy Thousand Dollars), are available for the proposed City Wide Space Planning Study in Account Number 302-4101-580.31-90. The assigned project number is Capital Project #0272. Fees will be negotiated as near to the budgeted amount as possible. Cc: Jeffrey R. Livergood, P.E., Director, Public Works Quintus Greene, Director of Development Bill DeBeck, Project Manager, Engineering Clem Bucher, Contract Administrator, Engineering File J:\SHRDATAXEngineering\Loganhr~FQ\Space Planning Recommendation-ck.doc ~ ~ ~ o')0 0 ITl z z ~ ~ ~m z z ~ ~ m~ m mG --0 m~ __ ~ g O~ z~o ~ ~~o z x c~ o9 o - o ~~ ~ 0 m 0 z - m m ~ m m m m ~~ m m m m ~--~Z~ Z 0 > m m ~ ~ m m m mO~0 · ~Z ~ ~ m o ~ ~ ~ z~m~ ~ >~' ~m z~ m ~ ?zz 0 IT! rtl m Z ~ o~ o ~ ~m ~m i > 0 0 0 0 - 0 0 Z OZ03 ["<m ~ ~ ~ o,~ o > m Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16,2002 [] May7,2002 'AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office VII,-CONSENT AGENDA ITEM B.5. CITY OF BOYNTON BEACH -' ' ?.-. Requested City Commission Date Final Form Must be Tuq~d ,' Meeting Dates in to City Clerk's Office March 6, 2002 (5:00 p.m.) [] May 21, 2002 May 8, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) [] June 4, 2002 May 22, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) [] June 18, 2002 June 5, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) [] July 2,2002 June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans ~ Consent Agenda '[-'l New Business [] Public Hearing [] Legal .~ Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to award "TWO YEAR BID FOR AUTOMATIC TRANSMISSION PARTS & REPAIRS", .BID#046-2516-02/CJD to Florida World Wide Transmissions of Lantana, Florida with an annual estimated expenditure of: $25,000.00. EXPLANATION: On April 16, 2002, Procurement Services received and tabulated five (5) proposals for the "Two Year Contract for Automatic Transmission Parts & Repairs". The proposals have been reviewed and it was determined that Florida World Wide Transmissions was the most responsive, responsible, bidder who meets all specifications. Robert H. Lee, Fleet Administrator concurs with this recommendation (see attached memo #02-035). The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. CONTRACT PERIOD: May 22, 2002 to May 21, 2003 PROGRAM IMPACT: The purpose of this bid is to secure a source for the purchase of Transmission Parts and repairs that will give prompt and convenient service for our Fleet Service Department. FISCAL IMPACT: 501-2516-519-46-31 Deputy Director of Financial Serv~es/ //~ Purchasing Agent ACCOUNT#: ESTIMATED ANNUAL EXPENDITURE: $25~000.00 City Manager's Signature Department Name City Attorney / Finance / Human Resources C: Robert H. Lee - Fleet Administrator File S:q3ULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC To; From: Date: Subject: DEPARTMENT OF PUBLIC WORKS Memorandum No. 02-035 Bill Atkins, Deputy Director of Finance Procurement Services Jeffrey Livergood, P.E., Public Works Director Christine Roberts, Assistant Public Works Director Robert H. Lee, Fleet Administrator ~ Ramon Dauta, Fleet Maintenance Supervisor April 22, 2002 Transmission Parts & Repair Bid Bid #046-2516-02/CJD The Fleet Maintenance Supervisor and I have individually and jointly reviewed and discussed this two-year bid for Automatic Transmission Parts and Repairs and found that it best suits the operations of our fleet. I have also toured the facility and have met the owners; I found the atmosphere to be clean, safe, and professional. Therefore, we would like to award the bid to Worldwide Transmissions of 917 Hypoluxo Road, Lantana, Florida 33462 as the quotes provided by this vendor best meets the needs of Fleet Maintenance to support the needs of our customers and provide the best value in support of the fleet budget. These parts and repairs are budgeted under Fleet Maintenance Account #501-2516-51%46-31 with an annual anticipated expenditure of $25,000.00. I have signed the Tabulation Sheet and returning it to you for your records. RL/pl Attachment "0 "O mm zz zz ~> . ~ O~ ~oo gg ~m--. '~ III 022" >r'" 0 m ~ z ~ 0 rtl z ;:o ~ z z >~ ~= ~> 0 m~z m ~ 0 m ' Z -~> c~ 0 ~ o ~' "13 =~ >=> __~o ::o ~ mm r¢m m o "u o~ ~! ~ 0 z 0 z 00 ;:::u > zm~ ~>m ~ o cn m o ~D '-" ~~ co 4~ m Z '"'O m Z Z -"40 ~> >r'- · O~ 0 0 Z Z ->~d 0 o · ~ :3' ~ < -'1 .~ co ,.~i~ O3> m - - -- -~ '-> o~ ~ o ~--0 ~ > z E2 z-- 0 =0 ~ ~u ~,o ~_. -~ a ~_ ~8 z,::, ~ m~ 0 m 0 ~ 0 (~ 0 -- ~ ITl ~ Z ~ ~ Z '-r' ~ m m om 0 ~z 8 rn m ;~ :::u m -I ,.~ 0 0 0 0 ~> m z Zo ~ ~ m ~ ~ m m m~ ~ 0 - z 0m mO ~> ~ o < o o o Z m Z ~ ~ ~ c~ ~ - m > ~ - - o ~Z ~ m Zo ~ ~ m~ .~.00 0 .~rnm ~ mm ~ Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 VII.-CONSENT AGENDA ITEM B.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Date Final Form Must"K~3Turnefl.~. Meeting Dates in to City Clerk's [] May 21, 2002 May 8, 2002 (5:00 p.m.) [] June 4, 2002 May 22, 2002 (5:00 p.m.) [] June 18, 2002 June 5, 2002 (5:00 p.m.) [] July 2, 2002 June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to extend the RFP for "GEOGRAPHIC INFORMATION SYSTEM IMPLEMENTATION PLAN" RFP#040-1510-01/CJD, to GEOGRAPHIC TECHNOLOGIES GROUP, INC. for an additional two (2) years with an estimated expenditure of: $81,000.00. (New RFP#059-1510-02/CJD) CONTRACT PERIOD: MAY 21, 2002 TO MAY 20, 2004 EXPLANATION: At the Commission meeting of April 3, 2001, this RFP was awarded to Geographic Technologies Group, Inc. of Boynton Beach, Florida for a one (1) year period. The Utility Data Conversion project is a continuation of Year 1 data conversion and creation effort. This company has provided us with excellent service throughout the contract period. This is a request to continue to utilize Geographic Technologies Group to provide the services under the same Terms and Conditions as in the original proposal and to exercise our' option to renew this RFP and extend the prices for an additional (2) years provided both parties agree (see attached letter from the vendor). Peter Wallace, ITS Director concurs with this request (see attached memo). Conversion of the utility infrastructure data from existing LaserFiche drawings and CADD data to GIS format will serve as a key layer development for citywide use. The ability to access this data in GIS will set the groundwork for future field verification projects, and will be crucial for accurate and efficient GASB34 reporting and compliance. The GPS Inventory component of this plan is also a continuation of Year 1 data and creation effort. During the implementation process in year 1, it was identified that existing data is missing both features and valuable information critical to public safety such as accurate locations of fire hydrants. The GPS Inventory project will collect hydrants citywide, verify positional accuracy, and collect useful attribute information. PROGRAM IMPACT: The purpose of this RFP was to seek a consultant to implement the citywide needs assessment after establishing the criteria in Part I of the GIS Study. Part Two of the 2001 RFP was a sealed proposal process that determined costs for the different sections determined by Part I of the GIS Plan, such as: Database Design and Data Conversion, software applications, Arc Logistics Route Initiative, Image Conversion, Annual GIS Plan Update, Water & Wastewater Infrastructure, and Strom Water Inventory. S:kBULLETIN~FORMS',AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: ACCOUNT DESCRIPTION: GIS OTHER PROFESSIONAL SERVICES ACCOUNT#: 001-1511-513-49-17 401-2821-536-31-90 BUDGETED AMOUNT: $ 6,000.00 $75,000.00 S:~BULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE TWO YEAR EXTENSION OF RFP#040-1510-01/CJD, FOR THE GEOGRAPHIC INFORMATION SYSTEM IMPLEMENTATION PLAN, WITH AN ESTIMATED EXPENDITURE OF $81,000; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 3, 2001, this Request for Proposal was awarded to Geographic Technologies Group, Inc. for a one (1) year period; and WHEREAS, it is City staff recommendation to extend the Request for Proposal to Geographic Technologies Group, Inc., to provide the services under the ~ame terms and conditions for an additional two (2) year period, as this company has )rovided excellent service throughout the contract period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boymon Beach, Florida, hereby approves the extension of RFP#040-1510-01/CJD to Geographic Technologies Group, Inc. Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED this __ ~TTEST: City Clerk (Corporate Seal) ~wreso/bid award/Geo Info System 2 yr Ext day of May, 2002. CITY OF FLORIDA BOYNTON BEACH, Mayor Vice Mayor Commissioner Commissioner Commissioner CONSULTANT AGREEMENT FORM GEOGRAPHICAL INFORMATION SYSTEM IMPLEMENTATION PLAN: Fiscal Year: 2002-2004 THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and GEOGRAPHICAL TECHNOLOGIES GROUP, INC., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. PROJECT DESIGNATION. The Consultant is retained by the City to perform Consultant services in connection with the project designated GEOGRAPItlC SYSTEM IMPLEMENTATION PLAN: Fiscal Year: 2002-2004. 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement by MAY 20, 2004, unless an extension of such time is granted in writing by the City. 4. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $81,000.00 without express written modification of the agreement signed by the City. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. CA-1 OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials PrOduced by the Consultant in connection with the services rendered under this agreement ~hall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are appliCable to the services to be rendered under this agreement. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 8~ INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. 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. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant 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 Consultant nor any employee of Consultant shall be .entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the ConsUltant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. CA-2 11. DISCRIMINATION PROHIBITED. The .Consultant, with regard to the work performed by it under this agreement, will not discriminate on ~he 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. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. bo In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: Regina Hagger Notices to Consultant shall be sent to the following address: GEOGRAPHIC TECHNOLOGIES GROUP, INC. 2400 Highridge Road, Suite 101 Boynton Beach, FL 33426 CA-3 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this day of ., 20 CITY OF BOYNTON BEACH Mayor Consultant Attest/Authenticated: Title City Clerk (Corporate Seal) Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Rev. 1/22/91 CA-4 interoffice MEMORANDUM MAY 0 ? 2002 ~,~OC.~MENT ~ER~.~iTS Memorandum No. 02-011 To: From: Thru: Re: Date: Bill Atkins, Deputy Finance Director Cathy M cDeavitt, Administrative Assistant Peter Wallace, Director of I.T.S. GIS Implementation FY 2001-02 Phase 2 Tasks May 7, 2002 The attached scope & proposal submitted by Geographical Technologies Group (GTG) outlines the projects that are to be accomplished in FY 2001-02. These projects were originally agreed upon in the GIS Implementation Plan. This is a request to continue to utilize GTG to provide the services under the same terms and conditions as in the original proposal. As stated in the proposal, having a comprehensive and detailed GIS implementation plan drives the long- term success of a GIS project. A three-year phased plan was conducted by GTG for the City of Boynton Beach. Changing technology and local budgets/priorities necessitate the frequent update of the master plan. A good GIS program insures that the plan reflects what has transpired in previous years and is up to date for the current fiscal year. This update will review what has been accomplished to date and what needs to be accomplished in the future. The cost of this is $6000 and was approved in the GIS budget under account number 001-1511-513-49-17. Included in the proposal is the Utility Data Conversion in the amount of $50,000 and GPS Inventory in the amount of $25,000. Both of these items were approved in the Utility Department budget under account number 401-2821-536-31-90. The Utility Data Conversion project is a continuation of Year 1 data conversion and creation effort. Conversion of the utility infrastructure data from existing LaserFiche drawings and CADD data to GIS format will serve as a key layer development for citywide use. The ability to access these data in GIS will set the groundwork for future field verification projects, and will be crucial for accurate and efficient GASB34 reporting and compliance. The GPS Inventory component of this plan is also a continuation of Year 1 data converston and creation effort. During the implementation planning process and Year 1 data development, it was identified that existing data is missing both features and valuable information. Of critical importance to public safety are accurate locations of fire hydrants. The GPS Inventory project w/ll collect hydrants citywide, verify positional accuracy, and collect useful attribute information. These data will be used to ~mprove accuracy on the GIS data layer, future modeling and maintenance efforts, GASB34 reporting and most importantly, enhanced public safety. If further information is necessary, please advise. /cm The City'of Boynwn Beach "GEOGRAPHIC INFORMATION SYSTEM IMPLEMENTATION PLAN:.FI~AL YEAR: 2000-2001" RFP ' 040-1510-01/CJD Agreement between the City Of Boynton Beach, Owner;, and r.~OGRAFKI. C'TECHNoLoGIES GROUP, INC. . . May 21, 2002 to May 20, 2004 . Conlsact EXt~sion'Period: RECEIVED APR 2 ~ 20(}2 Yes, I agre~ to extend ~e oxiating conlrKt under tho Terms and Conditions, for au .additicraal yeatfor. ImPIemexta~n o£Ye~r Two. I also agree to submit a curreat Certi~r~ate o£lnsuram~ along with this a~en~, naming the City o£Boyat~n.~ea~h as' acklitional insuim& . . ~o, I do ~°t wisl~,to ex, end the ~xistins RFP propo~..j~riee~ for.~ ~i~o~ y~. OFREPRE~EN~ATIVE print) TITLE City of Boynton Beach, FL GIS Implementation FY 2001-2002 PHASE 2 Tasks SCOPE AND PROPOSAL Submitted by: Geographic Technologies Group, Inc. 2400 High Ridge Road, Suite 101 Boynton Beach, FL 33426 Tel: 561.572.4900 Fax: please call May 6, 2002 GEOGRAPHIC TECHNOLOGIES GROUP, iNC 1. Utility Data Conversion This is a continuation of Year 1 Data Conversion and Creation effort. Conversion of the Utility infrastructure data (water, wastewater and stormwater systems) from existing Laserfiche archive drawings and CADD data to GIS format will serve as a key la.ver development for Citywide use. The ability to access these data in the GIS will enable improved infrastructure management and future modeling capabilities, set the groundwork for future field verification projects, and will be crucial for accurate and efficient GASB34 reporting and compdance. Data Creation Back~round (Year :L) The existing GIS data layers from Year i were created from a CAD conversion to coverage format of ali existing CAD data. The tiles of CAD data were opened in ArcView and converted to shapefiles. The new shapefiles were then separated by the annotation of the feature and placed into individual shapefiles. All like shaaefiles from the CAD conversion were merged together for one citywide shapefile of a feature. They were then converted to coverages and all editing work was done in Arclnfo. A database design was created for each coverage and all fields were added to the tables. Annotation from the CAD information was then used to add attribution to the created fields. The Need for As-built Review Process After the Year 1 CAD data conversion process was completed, it was discovered that there is a tremendous amount of missing data from the infrastructure coverages. Boynton Beach, FL, along with GTG, then decided that the best solution for the missing data was to add information from the cities As-built archive. The missing features would be heads-up digitized and information on the As-builts would be added to the existing data. Only As-builts for the represented data are used. If the As-built is for sewer then only sewer information is used. All data that is added to the digital layers will be attributed by the name of the As-built and predetermined, associated As-built information. Two Pilot areas were established and completed during Year I of the project, and a final methodology for Citywide conversion was established as detailed below. In addition, it was determined that for future enhancements to Utility data maintenance, the converted data would be delivered in the geodatabase model as described below. Three Independent systems of Water, Wastewater and Stormwater will be converted during the continuation of Y2 as-built project as follows: Water: Points Data Sources · CAD Conversion: Includes all systems features including Valves, Hydrants, Pipes · GPS Collection: Includes hydrant locations and some attribution for City Limits anc~ Utility Area · As-built: Design plans include both hard copy (paper and scanned) and digital CAD files Methodology · Existing Points: GEOGRAPHIC TECHNOLOGIES GROUP, If points exist on the map, the following priorities will be set: · Keep location of existing 1) GPS or 2) CAD-converted point. · Attribute from As-built sources · Exceptions: If location of CAD point is significantly different from GeoVista and/or As-built then perform field review to place point accurately. Extra Points: Missing Points o If point is not located on the converted CAD data (or GPS collection): · If in ROW, utilize the GeoVista location and attribute from As-built. · If not in ROW, heads-up digitize points based on spatial reference and parcel boundaries displayed on As-built data sources. Attribute from the As-built sources and note for field verification as req u i red. During the pilot project it was discovered that there is a large amount of CAD data annotated water points that are not part of the infrastructure. These points are placed into a file called junk points for a review process. Hydrants: o Hydrants were GPS collected. The GPS associated water mains, fittings, and water points were adjusted to the GPS points. If there were adjustments to associated data then the GPS Hydrants were attributed, EDITED. If there was no associated infrastructure data then the GPS Hydrants were attributed, FIX IN AS-BUILT REVIEW. If hydrants were more than 10 feet away then no editing was done, and the point was labeled for As-built Review. LINES Existing Lines: o Existing Lines will be moved to meet final determined point (from any of the above sources). Lines without attributes will be attributed using the As-built sou roes. · Missing Lines: o Missing Lines wil be added and attributed from As-built sources. Storm Sewer: Data Sources · CAD Conversion: Includes only point locations coded as Drains. · GeoVista Points: Includes drain points in the ROW coded as CB. · As-built: Design plans include both hard copy (paper and scanned) and digital CAD files. Both point and line information is present on As-built sources. Methodology POINTS · Existing Points: o If points exist on the map the following priorities will be set: 3 GEOGRAPHIC TECHNOLOGIES GROUP, iNC · Keep location of existing CAD-converted point · Attribute from as-builtsources · Exceptions: If location of point is significantly different from as-built then perform field review to place point accurately. Missing Points o If point is not located on the converted CAD data: · If in ROW, utilize the GeoVista location and attribute from as-built. · If not in ROW, heads up digitize points based on spatia reference and parcel boundaries displayed on as-built data sources. · Attribute fromthe as-built sources. LINES Existing lines o No existing lines · Missing Lines: o Will be added and attributed from as-built sources Sanitary Sewer: Data Sources · CAD Conversion: Includes all systems features including manholes and pipes · GeoVista Points: Includes manhole location only · As-built: Design plans include both hard copy (paper and scanned) and digital CAD files. All system features are present on the as-built sources. Methodology POINTS Existing Points: o If points exist on the map the following priorities will be set. · Keep location of existing CAD-converted point · Attribute from as-builtsources · Exceptions: If location of point is significantly different from as-built then perform field review to place point accurately. Missing Points o If point is not located on the converted CAD data: · If in ROW, utilize the GeoVista location and attribute from as-built · If not in ROW, heads-up digitize points based on spatial reference and parcel boundaries displayed on as-built data sources · Attribute from the as-built sources LIN ES Existing lines Wil be moved to meet final determined point (from any of the above sources). Lines withouta ttributes will be attributed using the as-built so u rces Missing Lines: Will be added and attributed from as-built sources 4 GEOGRAPHIC TECHNOLOGIES GROUP. Geodatabase Model Background of Geodatabases In a geodatabase model, all features are a collection of objects, organized as feature datasets, feature classes, subtypes, and domains. Features behave like the real-world objects they represent, basec~ on object rule structures. Geodatabases are stored in a uniform repository of geographic data - a relational database management system (such as MS SQL Server and Oracle), integrates spatial and non-spatial data through ESRI's Spatial Data Engine (SDE). Technical Benefits of the Geodatabase Model Single Repository of Information: In the Geodatabase Data Model, all geographic data is stored and centrally managed from one database. This allows an organization to leverage the power, security, and reliability of relational database management systems (RDBMS). Representation of Real World Features: In addition to generic features, such as points lines, and areas, features in a Geodatabase can be created to behave like the rea world objects they represent, such as parcels, transformers, and valves. Features will relate and respond to changes in neighboring features. Geodatabase Versioning, Multi-User Editing, and Accurate Data Entry and Editing: In a Geodatabase, edits take place on a record or transaction basis, instead of a file basis. This allows for multiple users to edit the same data set. Multi-user editing is supported through versioning. Each version is a persistent alternative representation of the Geodatabase. All versions will have the same schema, but may have different content. Instead of replicating the entire dataset for two versions, only the differences are stored. Because features in Geodatabase behave like the real-world features they represent, intelligent validation is performed on all edits. Any edit that would violate the real-world logic of how real-world object interacts will not be allowed. For example, if you tried to use a 3" inch valve to connect two pieces of 2', piping, the Geodatabase would now allow it. Custom behaviors of features can be defined, however. Features in Geodatabase data model have a richer content: With topological associations, spatial representation, and general relationships, you define not only a feature's qualities, but also its content with other features. This lets you specify what happens to features when a related feature is moved, changed, or deleted. This context also lets you locate and inspect a feature that is related to another. Shaoes of features are continuous, and better defined: By their design, geodatabases can accommodate very large sets of features without tiles or other spatial partitions. The geodatabase data model also lets you define the shape of features using straight lines, circular curves, elliptical curves, and Bezier splines. 5 GEOGRAPHIC TECHNOLOGIES GROUP, tNC The conversion process from a geodatabase to a shapefile is easy and no attributes or data 's lost. The benefits of the geodatabase are the entire water; sanitary sewer and storm water systems are networked. Instead of separate coverages or shapefiles for the point entities ano tine work, all features are combined for editing and modeling purposes. GiSmo is able to read geodatabases if it is run through SDE. Geodatabases would be required to be in .this format for editing purposes by more than one user. All converted or collected Utility infrastructure data will de delivered in the geodatauase mode as established for the Boynton Beach project. Deliverables 1. Digital infrastructure GIS data in Geodatabase format 2. Metadata and revised database design pages Utility Data Conversion Proposed Schedule: 1. Notice to Proceed - May 15, 2002 2. As-built Conversion - May 16 - Aug 16 Draft Digital GIS Data Submittal - Aug 16 4. City QC and Review - Aug 16 - Aug 30 5. QC/Corrections or adjustments to GTG - Aug 30 6. Final Digital GIS Data, metadata and revised database design submittal - Se~) 13 Utility Data Conversion Cost Proposal Senior Consultant/Project Manager 26 hours @ $125.00 Data Analyst(s)/GIS Specialist 660 hours @ $ 70.00* Shipping, mileage and miscellaneous reimbursable expense* = $ 3,250.00 = $46,200.00 = $ 550.00' TOTAL FEE (NTE) = $50,000.00 * NOTES - The Utility Data Conversion is a continuation of the Year i effort, and is based on estimated labor and reimbursable expenses. The actual labor and reimbursable expense is reported in detail to the City's GIS Coordinator monthly. The Data Analyst/GIS Specialist labor rate quoted above is a negotiated, discounted rate for this project, and is further discounted $15.00/hour from the standard SNAPS rate of $85.00/hour. Reimbursable expenses may include travel and per diem, shipping, mileage, plotting supplies etc. It is important to note that this task may not be completely accomplished for the budgeted fee, and that continuation of the project beyond current funding should be anticipated. This task was estimated at $150K originally. GEOGRAPHIC TECHNOLOGIES GROUP NC 2. GPS Inventory This is a continuation of Year 1 Data Conversion and Creation effort. Accurate and complete base data layers such as utility infrastructure - water, wastewater, and stormwater (pipes, valves, fire hydrants etc.) are the foundation for GIS. During the implementation planning process and Yea' One data development, it was identified that existing data is m~ssing both features and valuable information. Of critical importance to public safety are accurate locations of fire hydrants. The GPS Inventory project will collect hydrants citywide, verify positional accuracy, and collect useful attribute information. These data will be used to improve accuracy on the GIS data layer, future modeling, and maintenance efforts, GASB34 reporting and most importantly, enhance public safety. Hydrant GPS Field Data Collection and Verification The City of Boynton Beach rec~uires a complete and accurate digital representation of all fire hydrants to ensure public safety, establish timelY and efficient maintenance procedures, and for GASB34 reporting. As part of the 2000-2001 GIS Implementation Project (under the data development task), GTG converted existing planimetric CAD files to GIS format. Other existing data sets from Palm Beach County and the City of Boynton Beach were also reviewed and compared to the converted CAD files. During the same period, GEOSPAN Corporation used the GeoVista video-based GPS system to collect hydrants in the right-of-way throughout the City, including the Utility Service Area. In March 2001, City staff in conjunction with Florida Atlantic University undertook a GPS hydrant collection project in southeast Boynton Beach. Approximately 370 hydrants were collected and attributed during that Pilot project by the FAU team. All of these various data sets vary ~n positional accuracy, attribution, and completeness. Of the existing data sets, the FAU hydrants are the most complete and accurate but cover less than one-fourth of the City inside the municipa boundary. It is the goal of this field collection and verification project to utilize existing data as possible to verify positional accuracies, complete missing features and attributes, eliminate null features, and thePerf°rmutilityanservice Area°Verall qualitYbSundary.Check for all hydrants located a) within the City limits, and b) within The GTG/McKim & Creed team will consist of field GPS specialists under the direct supervision of both a local Boynton Beach project manager and a Florida-licensed Professional Surveyor and Mapper (PSM). Field crews will utilize Trimble ProXRS GPS field equipment to collect the hydrants, and will utilize the existing database design to collect attribute values as possible for each hydrant. As hydrants are located and verified in each section grid, the linework connecting hydrants to the water subsystem will also be digitally modified as necessary to maintain the integrity of the underground network for future modeling efforts. Project Methodolo~ The project methodology will be performed in three distinct phases: Field Data Collection (a) A regularly spaced GPS network wil be established throughout the City of Boynton Beach under the direct supervision of the PSM. This task will involve finding and checking the published coordinate values of existing horizontal control points set by the City of Boynton Beach, Palm Beach County or other governmental agencies. In addition, new horizontal points will be set to supplement the existing horizontal control points within the City, and will be 7 GEOGRAPHIC TECHNOLOGIES GROUP. !NC used as quality checks throughout the data collection (see I (c) below). It is our goal to have a horizontal control point on an approximate one-half mile grid throughout the city, and extending to the Utility Service Area boundary provided to GTG previously. (b) Data d ctionaries wil be developed for the project based on previously cOllected attribute fields from the FAU Pict Pr(~ject (see Attribute Table below). The data dictiOnary may be modified slightly should' it be: desirable to do so n order to enl~ance the data co lected but Will closely match the attribution collected for: the FAU Pilot data. Note that additional attribute fields listed in scope of this project, but can work collecte option, (canopy, a II not be collected under the through routine maintenance ,~ld data will be this ect areas Street_add 40 40 C None : Street address Manufactur 20 20 ' C, None Name of hydrant manufacturer Hydrant_mo 1i 11; I; None , ; MOdel number of hydrant Hydrant_co 20 20 C ' None : Paintcolor of hydrant Number_of 20 20 ' C; ; None Number of outlets Hydrant_ye 4 4 C ' None: Year stamped On hydrant Needs_pain 4 4 :C , None : Needs pa nt (Y=yes or N=no) Needs_chai 4 ' 4 C None Needs chains' (possible values ' ' include: yes/no) Needs_capS 4: ' 4 : , C: , None' ' Needs; caps (poSSbe values nc ude yes/no) Needs_reft 4 4 C None Needsl refectOr (poss be values nc ude yes/no) Twelve inch clearance between Z2_inch_cl 4 4 C None owest cap and ~roUnd ((pOssible values inc ude:~yes/no) Water valv 4 4 C None Water valve ' present i(possible - values inclUde:Yes/no) : _ RelatiVe loCatiOn of valve (possible Location o 20 20 C None : va Ues inCl'ude! north, sduth, east, weSt) :: Dist_from 11 11 I None Distance from hydrant ~ Date_visit 8 8 D None Da~e hydrant, was visited (YYYYMMDD) II. Quality Control Analysis Quality control and quality assurance procedures will be utilized as part of this project. Attribute data and horizontal survey information wilt be checked. QC/QA techniques will include: (a) Hard Copy and GIS Mapping of Field Data All GPS point data will be mapped and compared to the City's GIS planimetric base mapping. All existing hydrant locations will be verified or identified as "not found" and null features will be eliminated from the final data set. 8 GEOGRAPHIC TECHNOLOGIES GROUP, tNC III. (b) Attribute Data Quality Control All field data will be post-processed and uploaded into GIS. Techniques developed in Arc/Info will identify missing or inconsistent attribute data. Classes of Errors: Missing Data Invalid Entry Non-Uniform Descriptions - Anomalies Insufficient Data Entry Inconsistent Structure Type Evaluation of the Standard Deviation and removal of bad readings (c) Testing the GPS Receivers Field crews will test horizontal accuracy of the GPS receivers and will report findings to the PSM on a regular basis. QA/QC of data collected by GPS field crews will be accomplished in a number of ways, (1) prior to the onset of GIS data collection, the PSM will meet with the worker(s)/crew(s) to discuss field methods and procedures, (2) each worker/crew that is collecting 6IS data will collect data on three of the horizontal control points referenced above (at the start of each day, at the middle of each day and end of each day), and (3) all raw data collected and adjusted data files will be reviewed by the PSM. Any nOn-conforming data will be noted for additional field re-check as necessary. GPS point and line-work development, integration and review. This phase of the project will utilize procedures and applications (developed by the GTG/McKim & Creed project team) for linking field data. Tasks will include: Point attribute data for each feature will be imported from the field data collected. Underground digital linework will ce compared to existing data layers and as- built drawings, and corrections to linework wil be made as possible or noted for additional field check.' Point and Line Infrastructure Quality Assurance. The GTG project team will work closely with the City of Boynton Beach during the review of the digital linework and point configuration. The City will also perform a quality control review of the digital representation of underground line work in relation to field-collected data to insure that the final product is as accurate as possible. Features not found It is recommended that the GTG team will look for ten minutes for hydrants that are difficult to locate prior to labeling these points as NOT FOUND. Once a feature is labeled as NOT FOUND, it will be counted against the total number of features located. That is, it will be included in the total number of features collected. Prior to removal from the final hydrant layer, the GTG team will provide a separate layer indicating the features as NOT FOUND. Depending on the original source of the hydrant point, the overall quality of that source data, and its location within the City (i.e. 'n an overgrown or restricted-access area), the City may then opt to field check or remove the point from the final data set. GEOGRAPHIC TECHNOLOGIES GROUP. NC Deliverables 1. Monthly Project Status Report - this brief report will highlight the progress made on the project. 2. Each month, an updated map set of Not Found features will be ~rovided to the GIS Coordinator, 3. Each month one (1) updated digital CD of the digital GIS Arc/Info Coverages will be provided to the City of Boynton Beach with work completed through that month. 4. At project completion, one final (1) digital CD of the digital GIS Arc/Info Coverages, Shapefiles and associated metadata will be provided to the City of Boynton Beach. 5. At the conclusion of the project, the Professional Surveyor and Mapper, licensed in the State of Florida, will provide a letter certifying the accuracy of all data collected. GPS Inventory Proposed Schedule: 1. Notice to Proceed - May 15, 2002 2. GPSCollection and editing - May 16 - May 24 3. Digital GIS Data Submittal - May 24 4. City QC and Review - May 28-31 5. QC/Corrections or adjustments to GTG - May 31 6. Final Digital GIS Data, metadata and revised database design submittal - Jun 7 GPS Inventory Cost Proposal Hydrant GPS/attributio n* Metadata $18.50 per point (NTE $25,000.00)* $500.00 TOTAL FEE = NTE $25,000.00 (based on price per point and metadata deliverable) includes project pre-planning, QA/QC, linework adjustment 10 GEOGRAPHIC TECHNOLOGIES GROUP. 3. Implementation Plan Update Having a comprehensive and detailed GIS implementation plan drives the long-term success of a GIS project. Boynton Beach realized that having such a plan was critical and contracted with GTG to conduct a three-year phased plan. After making the initial investment, many organizations make the mistake of not keeping their plan current. Changing technology and local budgets/priorities necessitate the frequent update of the master plan. A good GIS program insures that the plan reflects what has transpired in previous years and is up-to- date for the current fiscal year. Boynton Beach has adopted this approach. This update reviews what has been accomplished to date and what needs to ~e accomplished in the future. The update considers new technologies, changing needs of Boynton Beach, and optimal costs of implementation. THE CITY OF BOYNTOH BEACH, FLORIDA Deliverables 1. One (1) hard copy GIS Implementation Plan update document GIS Implementation Plan Update Proposed Schedule: 1. Notice to Proceed - May 15, 2002 2. Needs Assessment and R&D* - Aug I - 9* 3. Report writing - Aug 12 - 27 11 GEOGRAPHIC TECHNOLOGIES GROUP, iNC 4. Draft Report Submittal (hard copy) - Aug 28 5. City Review - Au8 28 - Sep 6 6. Comments to GTG from City - Sep 6 7. Final plan submittal - Sep ~.3 GIS Implementation Plan Update Cost Proposal Senior Consultant 40 hours @ $~.25.00 Technical Documentation 20 hours @ $ 50.00 = $5.000.00 = $:L,O00.O0 TOTAL FEE = $6,000.00 * NOTE: Due to changing needs across the enterprise and evolving technology, the start date of the implementation plan update task needs to be as close to the start of the next fiscal year as possible. 22 GEOGRAPHIC TECHNOLOGIES GROUP, FY 2001-2002 Phase 2 GIS Implementation Summary of Schedules and Costs Schedules 1. Utility Data Conversion Proposed Schedule: 1. Notice to Proceed - May 15, 2002 2. As-built Conversion - May 16 - Aug 16 3. Draft Digital GIS Data Submittal - Aug 16 4. City QC and Review - Aug 16 - Aug 30 5. QC/Corrections or adjustments to GTG - Aug 30 6. Final Digital GIS Data, metadata and revised database design submittal -Sep 13 2. GPS Inventory Proposed Schedule: 1. Notice to Proceed - May 15, 2002 2. GPS Collection and editing - May 16 - May 24 3. Digital GIS Data Submittal - May 24 4. City QC and Review - May 28-31 5. QC/Corrections or adjustments to GTG - May 31 6. Final Digital GIS Data, metadata and revised database design submittal - Jun 7 3. GIS Implementation Plan Update Proposed Schedule: 1. Notice to Proceed - May 15, 2002 2. Needs Assessment and R&D - Aug 1- 9 3. Report writing - Aug 12 - 27 4, Draft Report Submittal (hard copy) - Aug 28 5. City Review - Aug 28 - Sep 6 6. Comments to GTG from City - Sep 6 7. Final plan submittal - Sep 13 13 GEOGRAPHIC TECHNOLOGIES GROUP iNC Cost Summary 1. Utility Data Conversion 2. GPS Inventory * NTE 25K based on price per point and metadata deliverable 3. GIS Im plementation Plan Update Cost Proposal $ $50,000.00 $25,000.00 TOTAL FY01-02 PHASE 2 $81,000.00 14 ,,-- p GEOGRAPHIC Tc. CHNOLOGtES GROU . iNC Requested City Commission Meetinq Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 VlI.-CONSENT AGENDA ITEM B.7. CITY OF BOYNTON BEACH -AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CiW Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5~00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21,2002 [] June4, 2002 [] June 18,2002 [] July 2, 2002 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Admmistrat/ve [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve Agreement with Sungard Recovery Services for disaster recovery services in the amount of $32,000 for a Disaster Recovery Plan from the I.T.S. reserve account # 001-5000-590-02-27; and, $1520/mo. for center based recovery services from I.T.S. Other Contractual Services account # 001-1510-513-49-17. EXPLANATION: Disaster is defined as any unplanned event or condition that renders the city unable to use a location for it's intended computer processing and related purposes. Sungard Recovery Services is the only Nat/omi provider with a hot site in the State of Florida. Currently the city is not able to meet State audit requirements and is at risk for loss of revenue, records and the ability to pay personnel in the event of a system failure and/or disaster that would effect its IT infrastructure. In the event that major hardware platform went down, the city will potentially lose days to weeks of use of that equipment as well as its job functions. Some of the critical functions that are at risk and have significant daily cost associated with their down time include; city fmancials, billing, payroll, accounts receivable and police dispatch. In the event of a major disaster such as a hurricane, the city is at risk of losing not only the use of the hardware but also the facilities and communication network currently in place. To meet audit requirements as well as ensure the city is able to actually recover at time of disaster, the city must create and maintain a Disaster Recovery Plan (DRP). The DRP consist of the critical hardware, software, applications and network akeady defined by the department, along with recovery scripts, defined personnel, processes, business impact analysts, emergency escalation procedures, and additional strategies the city must employ -at time of disaster to ensure minimal operational downtime and operational feasibility. The city currently does not have the soft'ware or expertise to create such a plan so we must contract with a vendor that offers both the software and consulting expertise we deem necessary to complete this project within a reasonably defined time period. PROGRAM IMPACT: With the constantly increasing dependency the city has upon the information sent and processed through the IT infrastructure. it is vital to have a Hot-Site agreement in place with a National vendor who can provide the following services at the time of a disaster: · Shipment of critical equipment to the city via overnight and mobile means · Fully furnished work positions for critical personnel both at the mobile data center and Hot-Site S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORaM · Multiple Hot-Site locations around the country [to include a location in Florida) to allow for regional disaster planning, and network access for different communication options · The city must also have test time utilized each year with the chosen vendor to work though and simulate disaster scenarios to ensure recoverability. The city expects to have a completed DRP along with the software needed to maintain the plan at the completion of the consulting engagement. The city will maintain the right to engage with the chosen vendor as needed to review and audit the plan. FISCAL IMPACT: Reserve funding f~om the I.T.S. budget was identified at the end of FY 2000-01 to be utilized for disaster recovery during FY 2001-02. This reserve funding will cover the Disaster Recovery Plan in the amount of $32,000 and the recumng cost of $1520/mo will be paid through the I.T.S. Department's Other Contractual Services fund 001 - 1510-513-46-17 ALTERNATIVES: Eliminate the Disaster Recovery Plan ($32,000) portion and only contract with Sungard for center based recovery services ($1520/mo.). This alternative will give the City of Boynton Beach some service in case of a disaster, but without a defined plan, may not prove to be efficient. Do not enter into an agreement with Sungard for any services and hope that a disaster does not impact the City of Boynton Department Head s Signature ' ~ - City Manager's Signature Information Technology Services City A~y ] F-inai~ce- Human Resources S:kBULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC RESOLUTION R 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SUNGARD RECOVERY SERVICES, FOR THE DISASTER RECOVERY PLAN OF THE CITY'S INFORMATION TECHNOLOGY INFRASTRUCTURE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, to ensure the City is able to recover at time of a major disaster it's critical hardware, software, applications and network system, the City must create and maintain a Disaster Recovery Plan. In :he event of a major disaster, the city is at risk of losing it's Information I'echnoiogy (IT) infrastructure; and WHEREAS, the City is at risk for loss of revenue, city's financials, billing, payroll, accounts receivable and police dispatch in the event of a major disaster; and WHEREAS, with the constant dependency the City has upon the information sent and processed through the IT infrastructure, it is vital to have a Hot-Site agreement in place with a National vendor who can )rovide the shipment of critical equipment to the city via overnight and ~obile means and fully furnish work positions for critical personnel both at the mobile data center and Hot-Site. WHEREAS, Sungard Recovery Services is the only National ~rovider with a hot site in the State of Florida; and WHEREAS, the City Commission, upon recommendation of staff ~as determined that it is in the best interests of the citizens and employees of the City to enter into an Agreement with Sungard Recovery Services for the Disaster Recovery Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, =lorida does hereby authorize and direct the MaYor and City Clerk to execute an Agreement between the City of Boynton Beach, Florida and Sungard Recovery Services for the disaster recovery service, a copy of said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution upon passage. PASSED AND ADOPTED this will become effective immediately day of May, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) Commissioner S:ca/reso/agreernents/Sungard Recovery Services TO: FROM: CC: SUBJECT: DATE: CITY OF BOYNTON BEACH, FLORIDA INTER-O FFICE MEMORANDUM Peter Wallace, Director of Information Technology Services David N. Tolces, Assistant City Attorney James A. Cherof, City Attorney Agreement with Sungard Recovery Services LP ("Sungard") April 16, 2002 Our office has reviewed the revised Agreement between the City and Sungard for recovery services and finds the Agreement and Addenda provided to be satisfactory. You may process this Agreement and Addenda for approval by the City Commission. If you have any questions or concerns, please do not hesitate to call. DNT/ja H:\1990\900182.BBkMEMO 2002h°eter Wallace Memo 04-15-02.doc Selected Services: (a) Center-Based Recovery Services: (i) Hotsite: (ii) Cotdsite: (iii) Office Space: (iv) Work Group Space: (v) MegaVoice (sm): (b) Mobile Recovery Services: (i) Replacement Recovery System: Delivery Method(s) Selected: (ii) Computer Space: Delivery Method(s) Selected: (iii) Supplemental Office Space: (iv) Mobile Work Group Space: (v) Quick Ship Equipment: 1 2 SCHEDULE A GOVERNED BY RECOVERY SERVICES AGREEM ENI' DATED 04101/2002 BETWEEN SUNGARD RECOVERY SERVICES LP and CiTY OF BOYNTON BEACH Page ' of 3 included Disaster Fees {OhiO/durinq a Disaster) Yes/No Test Periods Declaration Dait~ Usable $0 No N/A $0 NO N/A $0 No NFA Yes One (1) $2,500 $500 No N/A $0 $0 Yes Three (3) $0 $t.250 4.2 Primary Recovery Facility/Alternate Recovery Facility/Mobile Data center/Subscriber Facility No N/A $0 $0 N/A No N/A Yes N/A See Conf,. See Conf,. No N/A $0 $0 initial 30 days of Daily Usage Fees during a Disaster w ill not be charged, Per configuration. Agreed Term: 60 month(s) Monthly Fee: Effective 06/01/2002 $1.520 Commencement Date: 06/0112002 Subscriber's Location: Send Subscriber Notices to: Send Subscriber invoices to: 100 F BOYNTON BEACH BLVD. BOYNTON BEACH. FL 33425 100 t= BOYNTON BEACH BLVD. BOYNTON BEACH. FL 33425 ATTN: JOHN MCNALLY 1Q¢ E BOYNTON BEACH BLVD. BOYNTON BEACH. FL 33425 ATTN; JOHN MCNALLY By the signatures of their duly authorized representatives below. SunGard and Subscriber. intending to be legally bound, agree to all of the prowsDns of this Schedule and ratify the terms of the Recovery Services Agreement. SUNGARD RECOVERY SERVICES LP SUBSCRIBER: BY: BY: PRINT NAME: PRINT NAME: PRINT TiTLE PRINT TiTLE DATE SIGNED: DATE SIGNED: CITY OF BOYNTON BEACH THE TE~M S OF THIS SCHEDULE ARE CONFIDENTIAL. Quote ID 29101 A, Last M od ified 04/04/2002 SUNGARD® Work Group Configuration: Mobile Configuration 1: (Cust Ref: AS 400) Mobile Configuration 2: (Cust Ref: GIS/CBBDOCS/CH) SCHEDULE A GOVERNED BY RECOVERY SERVICES AG~ B~rt' DATED 0410112002 BETWEt~N SUNGARD RECOVERY SER'VlCES LP and CITY OF BOYNTON BEACH Page 2 of 3 10 10 10 100 1 1 1 1 3 1 Description METROCENTEP, FA CILI'FY ACCESS CENTREX ANALOG LINES FURNISHED WORK POSITION (DESK. CHAIR. ANALOG PHONE 3-DATA AND 1-VOICE LINES. 2 ELECTRICAL OUTLETS) VOICE GRADE LINES. DIRECT DIAL Description AS/400 620-2179 I configured as follow s: 100 6XX MEMORY (MB) I ASI400 CONSOLELINK REMOTE PC AS/400 GB DASD [NO PROTECTION - 100% USEABLE) 3490-E~1.36 TRACK. E)RC, AUTOLOADER 10/100MB ETHERNET ETHERNET ADA ~TE~ NCC ACCESS 3196 TERMINALS OR EQUIVALENT Descriation COMPAQ ML570. CD. KB, MOUSE MONITOR I configured as follows: 2 Pfll/700-1M CPU 1024 MB RAM 145 GB DISK 1 3COM 10/100 NIC CARD 1 ADAFTEC 29160 SCSI 1 COMPAQ NC3123 10/100 (ON-BOARD) I SMARTARRAY 5302 COMPAQ blL570. CD, KB, MOUSE MONITOR I configured as follow s' 2 PIIF700-1M CPU 1024 MB RAM 145 GB DL~K I 3COM 10/100 NIC CARD 1 ADAPTEC 29160 SCSi 1 COMPAQ NC3123 10/100 (ON-BOARD) I SMARTARRAY 5302 SunGard Subscriber THE TERM S OF THIS SCHI~34JLE ARE CONFIDENTIAL. Quote ID 29101 A, Last Modified 04~04/2002 SUNGARD® www. sungard.com SCHEDULE A GOVERNED BY RECOVERY SERVICES AGREEMI~T DATED 04t0112002 BETWEEN SUNGARD RECOVERY SERVICES LP and CiTY OF BOYNTON BEACH Page 3 of 3 Mobile Configuration 2: ~ Descriotion (Cust Ref: 1 COMPAQ ML570. CD. KB. MOUSE MONITOR GIS/CBBDOCS/CH) 1 configured as follow s: 2 PII[/700-1M CPU 1024 MB RAM 145 GB DISK 1 3COM 10/100 NICCARD 1 ADAPTEC 29160 SCSI 1 COMPAQ NC3123 10/100 (ON-BOARD) 1 SMARTARRAY 5302 6 HP LASER JET 8150DN LASER PRINTER, 2000 SHEET INPUT TRAY 6 configured as follow s: 6 MB RAM Mobile Configuration 3: Quantity Description (Cust Ref: PC's) 10 COMPAQ DESKPRO EN, CD-ROM, MONITOR, MOUSE KEYBOARD 10 configured as follow s: I PIII/550 MHZ CPU 100 MB MEMORY 10 GB DISK Mobile Work Group ~ Description Configuration: 10 MOBILEWORK GROUPSEATS 10 MOBILEWORK POSITIONS (WORKSPACEAND CHAIR) 10 TELEPHONE HANDSETS Declaration Fee: $0 per configuration 3 Daily Usage Fee: $1,250 per configuration per day 3 initial 30 days of Daily Usage Fees during a Disaster w ill not be charged. Initials SunGard Subscriber THE TERM S OF THIS SCHEDULE ARE CONFIDENTIAL. Quote ID 29101 A, Last Modified 04/04~2002 SUNGARD® www. sungard.com JRAY-582M89 ADDENDUM FOR SUNGARD NATIONAL NETWORK SERVICES TO SCHEDULE A TO RECOVERY SERVICES AGREEMENT DATED 04/01/2002 {See Additional Terms on Reverse Side) The SunGard Recovery Services Agreement, having the above date, between SunGard and the Subscriber named below ("Agreement"), is hereby amended with regard to the Schedule identified above {"Specified Schedule"), consistent with the terms and conditions of the Agreement, as follows, effective 06/01/2002. Subscriber has elected for SunGard to provide the network services {"Services") selected below: A. NETWORK SERVICES Dedicated DS-1 Connectivity ;Destination Point ) On-Demand DS-1 Connectivity (Destination Point ) Quantity Total Monthly Fee $0 $0 On-Demand Metropolitan DS-1 Connectivity (Destination Point ) Unless the following sectlon is completed, indicating that SunGard is responsible for providing the connection(si between Subsc~ber's location(s) and the designated point of presence on the National Network ("Local Access"), Subsc~fber is solely responsible for establishing the connection between Subsctfber's location(s) and the designated point of presence on SunGard's National Network through its Local Exchange Provider. Once the Local Access has been established, Subscriber is responsible for contacting $unGard, to obtain the necessary facility assignment information to connect Local Access to $unGard Nationsi Network Node. National Network Access DS-1 Connectivity (Destination Point I $0 B. INTERNET ACCESS SERVICES Web ReDirect 1.5 Mbps Internet Connectivity (Destination Point Atlanta. GA ) $400 Subscriber wil be invoiced an additional Monthly Fee of $400, plus any applicable tax, in accordance with the terms of the Agreement and this Addendum. SunGard recognizes that Subscriber has a tax exempt status and Subscriber agrees upon execution of this Addendum to provide a tax exemption certificate to SunGard. The term of this Addendum will commence upon the effective date noted above or the date of installation, whichever is later, and shall continue until the end of the initial Agreed Term for the Specified Schedule or any extended or renewal term of the Specified Schedule. In addition, Subscriber is responsible for one-time installation charges in the amount of $0 which will be invoiced in accordance with the foregoing. By the signatures of their duly authorized representatives below, SunGard and Subscriber, intending to be legally bound, agree to all of the provisions of this Addendum and ratify the terms of the Agreement. SUNGARD RECOVERY SERVICES LP BY: PRINT NAME: PRINT TITLE: DATE SIGNED: SUBSCRIBER: BY: PRINT NAME: PRINT TITLE: DATE SIGNED: City of Boynton Beach ITHE TERMS OF THIS ADDENDUM ARE CONFIDENTIAL SUNGARD® www. sungard.com JRAY-582M89 ADDITIONAL TERMS A. NE'P, NORK SERVICES - Dedicated Secvices The Network Services identified as "Dedica(ed" within this Addendum shall be made available to Subscriber on an exclusive. 24-hour. 7-day per weel;, basis (excluding downtime attributable to routine and preventative maintenance). All Dedicated circuits will be connected between the National Network entry point, as designated' and coordinated :)y SunGard ("point of presence"), and the Destination Point defined on the front page of this Addendum. Subscriber shall have access to these Services for Disaster Recovery Purposes. in accordance with SunGard's obligations as defined in the Agreement, and as further delineated in this Addendum. Any other usa of the ServicTes by Subscriber shall constitute a material breach of the Agreement for which SunGard may terminate the Agreement by providing five (5) days written notice, For purposes of this Addendum, "Disaster Recovery PurposaS" means any use of the Services by Subscriber. (i) while Subscriber is experiencing a Disaster, (ii) which connectivity facilitates Subscriber's recovery during a Disaster. (iii) to conduct a Test(s); or (iv) electronic vaulting. On-Demand Services The Network Services identified as "On-Demand" within this Addendum shall be made available to Subscriber within tw~ (2) hours upon receipt of a request from Subscriber, based on then current availability on SunGard's National Network, in accordance with the Multiple Disaster or General Multiple Disaster Procedures in the Agreement. All On-Demand circuits will be connected between the National Network entry point, as designated and coordinated by SunGard ("point of presance"), and the Destination Point defined on the front page of this Addendum. Once Subscriber has been switched onto a circuit on the National Network the Services will be available on a 24 hour. 7 days per week pasis [excluding downtime attributable to routine and preventatve ma ntenance). Subscriber shall have access to these Services for testing or Disaster purposas, consistent w~th SunGard s obligations a.s. defined n ~ Agreement. Any Other usa of the Services by Subscriber shall constitute a matenat breech of the Agreement for which SunGard may terminate the Agreement by providing five (5) days written notice. Dudng a Disaster, Subscriber shall have access to the number of circuits for the pedod of no roore than six (6) weeks. For DS-3 connectivity, a Disaster Declaration Fee of no less than $5,000 will be charged per occurrence, and for DS-1 connectivity, a Disaster DecJaration Foe of no less than $2,500 will be charged per occurrence. If a Declaration Fee of equal or greeter value is charged in association with the Specified Schedule. then the Declaration Fee for the National Network will be deemed included in such fee. Daily Usage Fees (per circuit dudng Disaster only) will be charged as follows: DS-1 Connectivity ,$1.000 DS-3 Connectivity $5,000 DS-1 Connectivity(Metropolitan) $ 500 DS-3 Connectivity (Metropolitan) $1,000 Metropolitan Connectivity Subscriber's connectivity is limited to the Metropolitan Network which is defined on the front of this Addendum, and does not provide Subscriber with connectivit~ between Metropolitan Networks. B. INTERNET ACCESS SERVICES General Internet Access Terms. SunGard's Internet Access Services will provide Subscriber with connectivity to the Internet through SunGard's Intemet Access Services subject to the terms and conditions of the Agreement and this Addendum and fully licensed Internet software, if applicable. The Intemet is not owned, operated, or managed by, or in any way affiliated with SunGard or any of SunGard's affiliates. The Intemet is an intemational computer network of both Federal and non-Federal inter-operable packet switched data networks. SunGard cannot and will not guarantee that the Interoet Access Services will ;~rovide Intemet access that is sufficient to meet Subscriber's needs. Subscriber agrees that its usa of ~ Interoet Access Service and the Intemet ~s solely at its own dsk and is subject to all applicable local, state, national and international laws and regulations. Subscriber hereby acknowledges receipt of SunGard's and/or its underlying carriers' policies and/or rules and regulations (*Policies") and agrees to comply with such Policies at all times while utilizing the Internet Access Services. Subscriber also acknowledges that a breach of any of the Policies may result In the immediate termination of the Internet Access Services without prior notice and SunGard shall have no liability to Subscriber for any restriction or termination of the Internet Access Services pursuant to Subscriber's violation of the Policies. The Policies may be revised from time to time by SunGard, which revisions will be communicated to Subscriber in writing, by posting on SunGard's website at the following address: http:~,~www.esourcing.sungard.com. SubSCriber agrees that the Access Service is orovided on an 'as is". 'as available" basis without warranties of any kind. either express or implied. Subecdber agrees that SunGard has the dght. but not the obligation, to remove content from SunGard's computer servers which SunGard, in its sole discretion, determines to oe n violation of this Agreement or SunGard's underlying carder(s)' on-line policy WebRedirect. WebRedirect offers Subscriber access to the Intemet fro SunGard facility designa[ea on the front of this Addendum for Disaster Purposes. The Services shall be made available to Subscriber within two (2) hours after receipt of a request from Subscriber. based on then current availability on SunGard's National Network. in accordance with the Multiple Disaster or General Multiple Disaster Procedures in the Agreement, Subscriber recogmzes that these Services are not provider specific, therefore Subscriber is responsible for setting up any necessary domain(s)in order to facilitate effective use of WebRedirect Services. Subscriber shall have access to these Services for Disaster Recovery Purposes, in accordance with SunGard's obligations as defined in the Agreement, and as further delineated in this Addendum. Any other use of the Services by SUbscriber shall constitute a: matedal breach of the Agreement for which SunGard may terminate the Agreement by; providing five (5) days written notice: Dudng a Disaster. Subscriber shall have access to the WebRedirect service level for a paded of no more than six weeks. For 512 - 1.5 Mbps WebRedirect Services. a Disaster Declaration Fee of no less than $500 will be charged per occurrence, and for 1.6 - 45 Mbps WebRedirect, a Disaster Declaration Foe of no less than $5,000 will be charged per occurrence. If a DeClaration Foe of equal or greater value is charged in asscciation with the Specified Schedule, then ,the Declaration Foe for WebRedirect Services will he deemed included in such foe. Daily Usage Fees (per bandwidth dudng Disaster Only) will be charged as follows: .51; $ 250 1.6 $1,0043 ~ Subscriber 'shall have access to the Services to conduct Test(s) in conjunction with Test(s) of the: Recovery Services as defined on the Specified Schedule. ~en~ral In the event that Subscnber does not contract with SunGard to establish the connection between Subscriber's Location and the point of presence on the National Network, Subscriber is then responsible to provide the resources to connect to SunGard's National Network from its Location to the designated point of presence. Termination The Services are provided sublect to the availability of the nec y services by SunGard's undedyin§ carder(s). SunGard may, without penalty, and by ;:)roviding Subscriber with thirty (30) days pdor written notice, terminate this Addendum (or any portion of this Addendum), or may withhold the provision of the Services if: (a) SunGard's underlying carrier(s) withdraw or substantially alter any underlying tariff(s) resulting ina rnatedal, adverse effect on SunGard's ooerational or financial ability to provide the Service(s); or (b) any public utility cemmiss~on or other regulatory authority assarts jurisdiction over the Services, such that SunGard would be required to subroit to common carder. ~ublic utility or other regulation to which SunGard is not now SUblect. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL SUNGARD'S TOTAL LIABILITY EXCEED:THE TOTAL OF ALL FEES ACTUALLY PAID BY SUBSCRIBER TO SUNGARD UNDER THIS ADDENDUM. SUNGARD SHALL HAVE NO LIABILITY FOR ANY DAMAGE TO, LOSS OF OR INTERCEPTION OR= MISDIRECTION OF SUBSCR BER'S DATA, FILES, SOFTWARE CODE, oPERATING SYSTEMS, APPLICATIONS, DATA STORAGE MEDIA, OR oTHER PROPERTY THAT OCCURS DURING coNNEcTION, TRANSMISSION, USE OR RESTORATION BY SUBSCRIBER OR SUNGARD IN CONJUNCTION WITH THE SERVICES. To the extent permitted by applicable law, Subscriber shall indemnify and hold harmless SunGard (and it~ affiliates and their respective employees and agents) against any claims, actions, daroages, losses or liabilities adsing out of any action brought against SunGard by a third party as a result of Sube~_,riber's use of the Services. Under no circumstances shall SunGard be liable to Subscriber or any other third party for lost revenues, lost profits, loss of business, or consequential or special damages of any nature, whether or not foreseeable. EXCEPT AS SPECIFICALLY STATED IN THIS ADDENDUM, SUNGARD MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNEss FOR A PARTICULAR PURPOSE, OR CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION. ADDENDUM TO RECOVERY SERVICES AGREEMENT DATED APRIL 17 2002 page 1 of 2 The Recovery Services 'Agreement, having the above date, between SunGard Recovery SerVices L? ("SunGard") and the Subscriber named below, ("Agreement") is amended effective June 1, 2002, as follows: 1. Secti°n D1, Contract Term is amended by replacing the words "six months" with the words "ninety (90) days" in the third sentence of the section. Section D2, Fees and Expenses is amended by adding the following to the end of the section: "SunGard recognizes that Subscriber has a tax exempt status and Subscriber agrees upon execution of this Agreement to provide a tax exemption certificate to SunGard." Section D3, Confidentiality is amended by adding the following to the end of the section: "Notwithstanding the foregoing, SunGard recognizes that Subscriber, and therefore this Agreement, is subject to the terms and provisions of Chapter 119 of the Florida Statutes." 4. Section D4, Liability and Indemnification is amended by adding the words "To the extent permitted by applicable law" to the beginning of the fifth sentence of the section. 5. Section D10, Construction is amended by replacing the word "PENNSYLVANIA" with the word "FLORIDA" in the first sentence of the section. LOSS OF GOVERNMENT FUNDING. If Subscriber is dependent upon government funding for payment of the Monthly Fees, and funds for future Monthly Fees are not appropriated or authorized by the applicable legislature or other governing body, then Subscriber may cancel the affected Schedule, effective at the end of the then current contract year, by giving written notice of cancellation to SunGard at least sixty (60) days before the end of such contract year. Subscriber's cancellation notice shall include a certification that the necessary government funds have not been appropriated or authorized. A "contract year" is any 12-month period beginning on the Commencement Date or any anniversary of the Commencement Date. This provision shall not be used by Subscriber for the purpose of obtaining disaster recovery services from another commercial vendor. Initials THE TERMS OF THIS ADDENDUM ARE CONFIDENTIAL. SUNGARD® www. sungard.com ADDENDUM TO RECOVERY SERVICES AGREEMENT DATED APRIL Iv 2002 Page 2 of 2 By the signatures of their duly authorized representatives below, SunGard and Subscriber, intending to be legally bound, agree to all of the provisions of this Addendum and ratify the terms of the Agreement. SUNGARD RECOVERY SERVICES LP BY: SUBSCRIBER: CITY OF BOYNTON BEACH BY: PRINT NAME: PRINT NAME: PRINT TITLE: PRLNT TITLE: DATE SIGNED: , ,20 DATE SIGNED: ,20 THE TERMS OF THIS ADDENDUM ARE CONFIDENTIAL. SUNGARD www. sungard.com Statement of Work Computer Center Recovery Plan Development Services City of Boynton Beach has a requirement for a documented and testable disaster recovery plan ("Plan") for its computer center, located at 100 East Boynton Beach Blvd, Boynton Beach, FL. In response to this requirement, SunGard proposes to develop such a Plan by conducting planning and training sessions, gathering information, presenting recommendations and developing documentation. The scope of the proposed services includes planning for the restoration of the following: Computer Center Recovery Plan Scope Computer Environment: * I AS400 · 1 RS6000 · Intel-based servers, not to exceed 10 · Data network for the above Organization Areas: · l.T computer departments for: City Police Utilities Purpose The Plan contains documented recovery requirements, resource requirements and recovery procedures necessary to successfully recover essential computer operations. The objectives of the Plan Development Service are to: · Identify the management and membership of the disaster response and recovery teams; · Identify and document overall computer recovery window and application restoration priorities; · Identify and document the required recovery actions, identify and help ensure the availability of required resources, and compile this information into the Plan; · Identify data protection and data recoverability status. · Identify staff department recovery support. City of Boynton Beach Page I May 6th, 2002 Benefits The resulting Plan provides City of Boynton Beach with the capability to help ensure that essential computer services are promptly restored following a disaster. The primary benefits of having a well- designed and tested recovery plan in place are: · Cost effective strategies based on business requirements · Lowered risk by proven information protection strategies · Reduced time required to restore essential computer service Reduced errors by having trained and knowledgeable personnel Plan Development Activities SunGard's proprietary project management approach will be used to develop the Plan. The following chart is provided to illustrate some of the key planning activities unique to computer center recovery planning. As the chart illustrates, a detailed project schedule will be developed early in the project, describing individual tasks, responsibilities and scheduled dates. Sample Development Phase Plan Development Activities Development Project Planning - Ongoing Project Management - Develop Project Schedule - Conduct Orientation and Training Sessions Project Execution Analysis Activities o Conduct Re~luirements and Strategy Planning Sessions - Resource Information Data Gathering - Conduct Strategy Planning Sessions Plan Development Activities - Round 1 Interviews - Develol~ Draft Plans - Plan Walk-Through and Draft 2 Interviews - Conduct Operational Analysis (e.g. Info. Protection) Schedule Month Project Close o Delivery of Final Draft - Management Review and Acceptance Activities Plan Maintenance Phase Several important points should be noted about SunGard's proposed approach to recovery planning. Recovery documentation is SunGard's responsibility. Following the interview and planning sessions. the SunGard consultants will create draft management reports and recovery plans for your review. Multiple drafts will be prepared as required. Each draft will be reviewed by the City of Boynton Beach Project Coordinator and the corresponding recovery personnel. City of Boynton Beach Page 2 May 6th, 2002 Individual planning sessions - will be conducted with each specific functional area to define and develop specific personnel responsibilities and recovery procedures. SunGard proprietary planning techniques and PreCovery development checklists - are used throughout the process, incorporating the lessons learned from supporting customers through thousands of development projects and dozens of actual recoveries. Work Flow Analysis interView technique is just one of the more noteworthy techniques used to help ensure alt essential resources and processes are included within the Plan. This technique provides a structured apprOach for analyzing: - Recovery personnel requirements - Recovery actions - Required resources Multiple resource gathering options - are available to minimize City of Boynton Beach development and maintenance effort. Unique City of Boynton Beach information must be gathered and included within the Plan for disaster time reference purposes (e.g. vendor contact numbers, City of Boynton Beach telephone numbers). This information will be gathered from your existing sources when available. When not available, SunGard will provide forms to assist your staff with data collection. SunGard will enter all data into PreCovery. Project Deliverables It is SunGard's intent to proactively identify, schedule, document and monitor activities required to successfully build and maintain the City of Boynton Beach Plan. In support of this goal, SunGard's Project Manager has overall project management responsibility for the proposed services. The primary value SunGard adds to this project is expertise - through access to a focused and committed team of knowledgeable disaster recovery planners, augmenting the City of Boynton Beach staff. In addition to expertise, SunGard will develop the specific deliverables described in the sections below. Plan Development Project Schedule SunGard will develop a formal documented project schedule for the Plan Development Service. The project schedule will document planning activities and responsibilities, mutually agreed upon planning session dates, project milestones and due dates for documentation deliverables. The project schedule will then be used throughout plan development to monitor and report against the project objectives. Milestone Reports Project status reports will be developed and delivered to City of Boynton Beach management at major project milestones. These milestone reports will contain information on: · Plan status; · Unresolved recovery issues or items; · Recommendation on future directions. City of Boynton Beach Page 3 May 6th, 2002 Recovery Orientation and Training Sessions Experience shows that awareness and training are crucial elements to a successful recovery' program. To help ensure that all personnel with a need to know are aware of the recovery program, SunGard proposes to conduct a couple of presentations and training sessions: A Recovery Personnel Orientation and Training Session will be conducted on state-of-the-art disaster recovery methods and techniques for personnel with assigned recovery responsibilities. One Management Recovery Program Awareness Presentation will be provided for executive management covering the contents of the recOverY program, the level of services provided during a disaster, and management's role during a recovery operation. Strategy Summary Report A successful recovery program is based on business requirements and consequential recovery strategies. Even when no formal impact or recovery options analysis~ is conducted, key requirements and strategies need to be clearly defined and documented such as: · Recovery Timeline · Recovery Organization Responsibilities Computer System Recovery Strategy · Data Network Recovery Strategy SunGard will guide City of Boynton Beach personnel through development of these key requirements and strategy issues during a single IT management and group technical planning session. SunGard will share its strategy recommendations based on common and best practices. The results will be summarized into a management report for review and use in subsequent detail plan development activities. Application Restoration Prioritization List A review of the application restoration requirements will be conducted, based on documented recovery requirements and with participation of City of Boynton Beach computer support personnel. Technical restoration and synchronization requirements will be reviewed and evaluated. A recovery processing priority will be assigned for each application, based on this review. The application recovery processing priorities will be documented as a checklist in the Plan. The restoration priorities will be used to classify and prioritize support systems, network components and applications based on their importance to ongoing essential business operations. t SunGard does not propose to conduct a full formal business impact or options analysis but rather, to gather and document those business recovery requirements and strategies which City of Boynton Beach has already defined. The resulting data, along with the Application Restoration Prioritization and MARC data will be entered into PreCovery as if collected via a formal study. City of Boynton Beach Page 4 May 6th, 2002 "M.A.R.C." Configuration Report SunGard will' gather and formally document the Minimum Acceptable Recovery Configuration (M.A.R.C.) requirements and enter them into PreCovery for use at time of disaster. While City of Boynton Beach may have already made a preliminary assessment of equipment for its initial recovery, the M.A.R.C. Report will expand this analysis to address ali computer center equipment requirements, both short and long term. The M.A.R.C. Report will be used to: · Identify the standard recovery configuration facilities required to support initial recovery operation, i.e., the initial recovery window configuration; · Identify required hardware capacities for subsequent recovery windows (e.g. equipment to be purchased and installed at time of disaster); · Develop equipment-provisioning procedures. SunGard will evaluate the current computer recovery configuration against the business recovery requirements to help ensure all critical hardware and telecommunications requirements have been addressed. Any initial recovery resource discrepancies and recommendations will be highlighted to City of Boynton Beach management. Computer Center Recovery Plan SunGard will work with City of Boynton Beach to develop written computer center recovery documentation, which can be used to recover the computer 'center operation at time of disaster. Plan documentation serves several essential purposes at time of disaster. First, it serves as a quick reference document to help ensure key activities are accomplished. It provides ready access to resource information such as vendor telephone numbers and equipment configurations. And, Plan Documentation serves as a management and communication tool by defining common progress checkpoints and milestones. The Plan must be sufficiently detailed to guide alternate personnel through key recovery processes if primary recovery personnel are unavailable. At other times~ the Plan is the primary testing and training tool. Experience teaches that these purposes are best achieved when the Plan is made up of a series of individual functional action plans, conforming to your day-to-day organization and identifying your critical recovery milestones. The Plan also needs to incorporate lessons learned from actual hands-on experience in successfully recovering from a disaster. Typically, the resulting action Plan contains the following elements: · Recovery Plan Description: - Plan Introduction - Strategy Overview City of Boynton Beach Page 5 May 6th, 2002 Recovery Management Team Procedures: - Incident detection and preliminary assessment - Crisis Management Center activation - Management Team activation - Critical recovery vendor activation - Staff department support coordination - Functional recovery area activation Functional Team Recovery Procedures: - Establish recovery team objectives - Recovery preparation activities - Establish operations at alternate or backup locations - Recover essential systems and data - Recover data communication facilities - Activate essential services - Activate Business Unit interface and services Site Restoration Procedures: - Long term operating alternate or cold site operating provisions - Activate damage assessment and salvage actions for buildings, information and supplies - Repair and re-equip the damaged site - Reactivate the restored site - Activate vendor support Administrative and Recovery Progress Procedures: - Employee well-being - Progress and record keeping responsibilities Ongoing Preparedness Procedures: - Documentation updating and distribution - Recovery resource maintenance responsibilities Recovery Resource Information, such as but not limited to: equipment, software, data, City of Boynton Beach Page 6 May 6th, 2002 - Recovery personnel names, roles and contact information - External vendor and customer contact information - Staffing and space requirements - Minimum Acceptable Recovery Configuration (M.A.R.C.) replacement equipment and materials, by time - Vital record and documentation information - Critical forms and supplies information - Critical telecommunication line information Pro.qram Evaluation Report At the conclusion of the Plan Development, SunGard will develop and present a Program Evaluation Report. The report will contain information on: Project accomplishments · Outstanding recovery concerns Transition to maintenance phase City of Boynton Beach Page 7 May 6th, 2002 SunGard Planning Solutions PreCoverytm Sol. are License A PreCovery software license is included in this proposal. PreCovery is Planning Solutions' latest disaster recovery planning tool. PreCovery is designed to reduce plan development and administration time. PreCovery is a true client/server 32-bit application. The PreCovery license gives City of Boynton Beach a tool to maintain and expand its recovery plan at will. More importantly, the software provides City of Boynton Beach disaster time reporting capabilities, helping ensure accurate, concise up-to-date information is available when needed. PreCovery is a true 32-bit client/server application. It is designed to mn standalone (one workstation) or in a client/server configuration (multiple users accessing the same database on a single server). PreCovery is delivered on a single CD, and includes complete methodology, technical, and user documentation. PreCovery's major features include: Relational Database Design Integrated BIA Module Integrated Reporting and Testing Modules Extensive Model Library of Sample Restoration Procedures · Customizable Database to meet individual business needs Easy Report Writer to Guide all Users through Report Writing · Integration with Word Processor With your purchase of PreCovery, the first year of maintenance is included. annually. Maintenance customers are entitled to: · Access to web training · Direct access to the Customer Support Center (24 x 7) · Participation in Client Network Meetings · Participation in Monthly Client Conference Calls · Monthly email newsletter ~Blast! Maintenance is renewed City of Boynton Beach Page 8 May 6th, 2002 PLANNING SOLUTIONS ADDENDUM (SEE ADDITIONAL TERMS ON REVERSE SIDE) The Recovery Services Agreement between SunGard Recovery Services LP ("SunGard") and Subscriber dated April 1~, 2002 ("Agreement"), is amended to add the additional services and/or software listed below. The cost for the additional services and/or software products shall be the amounts listed and described below and shall be billed to Subscriber under the terms of the Agreement and this Addendum. The additional services and/or sof[-ware listed below will be provided to Subscriber by SunGard's division, SunGard Planning Solutions CSPS"). Services: The following services as described in the document dated May 6th, 2002, attached hereto and made a part hereof. Computer Center Recovery_ Plan Services [] Software: PreCoverv The total fees for the services and software are $32,000 due and payable as follows: [] Subscriber has opted for the following payment schedule, which will be billed by SPS: Software Fee (in accordance with the Master Software License Agreement) Upon Addendum Acceptance $ 7,500 $24,500 Reimbursable expenses (travel, lodging, food and incidental actual costs) will be billed on a monthly basis as the expenses are incurred, and will be billed b~' SPS. Prior approval is required for travel and lodi~int~ expenses. By the signatures of their duly authorized representatives below, SunGard and Subscriber, intending to be legally bound, agree to all of the provisions of thiS Addendum including those on the reverse side. SUNGARD RECOVERY SERVICES LP CITY OFBOYNTONBEACH By: By:. Print Name: Print Name: Print Title: l:gint Title: Date Sign~: Date Signed: I THE TERMS OF THIS ADDENDUM ARE CONFIDENTIAL I SUNGARD® www. sungard.com ADDITIONAL TERMS WARRANTIES: SPS warrants that ail services shail be performed by qualified personnel in accordance with professional standards, and that all servic documents and reports delivered by SPS shail conform to the requirements of this Addendum. Any deficiencies, as determined by generally accepted professionai standards, shail be promptly reported by Subscriber to SPS and, in any evenL within 30 days after Subscriber receives the deliverable involved. SPS shaii correct such deficiencies in its deliverables within a mutually agreeable time period. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL SPS'S TOTAL LIABILITY FOR ~ SERVICES AND/OR SOFTWARE EXCEED THE TOTAL OF ALL FEES AcruALLY PAID BY S~ER UNDER THIS ADDENDL.~M. SPS SHALL HAVE NO LIABILITY FOR ANY DAMAGE TO OR LOSS OF SUBSCRIBER'S DATA, FILES~ SOFYWARE, CODE, SCRIPTS~ OPERATING SYSTEMS~ APPLICATIONS, DATA STORAGE ,MEDIA, OR OTHER PROPERTY THAT OCCURS DURING SHIPMENT, STORAGE, HANDLING, USE OR RESTORATION' BY SPS OR SUBSCRIBER IN CONJUNCTION V~Tl~l THE SERVICES. SPS SHALL HAVE NO LIABILITY FOR ANY DAMAGES RESULTING FROM SPS'S USE OF OR RELIANCE UPON S~ER'S PRODUCTION SOFTVqARE TO FACILITATE THE SERVICES. Subscriber shail indemnify and hold harmless SPS (and its affiliates and their respective employees and agents) agalns~ any claims, actions, damages, losses or liabilities arising out of any infi4.ngement action against SPS brought by a vendor of Subscriber as a result of Subscriber supplied sot~vare. Under no circumstances shall SPS be liable to Subscriber or any other party for lost revenues, lost profits, loss of business, or consequential or special damages of any nature, whether or not foreseeable° SUBSCRIBER RESPONSIBILITY: Subscriber shall provide to SPS, as and when necessary, all information, data and other materials concerning Subscriber personnel, operations and facilities and other relevant aspects of Subscribers business, to the extent required by SPS to properly perform the services to be provided to Subscriber under this Addendum. All such information, data and materials provided to SPS by any of Subscriber's personnel will be aceurme, current and complete, and may be relied upon by SPS in performing the services to be provided to Subscriber under this Addendum. Subscriber shall be responsible for preparing and maintaining backup or duplicate copies of all such information, data and materials, and SPS shall have no liability for any loss or damage resulting from Subscriber's failure to do so. Subscriber shall provide SPS access to Subscriber's offices and facilities at mutually agreeable times, make available to SPS expefiem personnel having knowledge of Subscriber's operations and other relevant aspects of Subscriber's business, and cooperate with SPS in ail respects reasonably necessary to ailow SPS to perform the services to be provided to Subscriber under this Addendum. TERMINATION: If Subscriber properly terminates the Agreement, Subscriber shall pay to SunGard or SPS (as the case may be), together with the notice of termination, an amount equal to the present value (calculated using an annual discount rate equal to the then current prime rate published in The Wall Street Journal) of all remaining fees due under this Addendum, and Subscriber shall remain liable for any reimbursable expenses incurred by SPS before termination. OTHER TERMS: Except as otherwise stated in the attached document, the parties intend that all services to be provided to Subscriber under this Addendum shail be completed within one year after this Addendum is signed by SunGard. If Subscriber does not permit SPS to perform the services during that period, then all payments otherwise due upon project completion will become due at the end of that period. Except for SPS's Comprehensive Business Recovery, PreCovery and ePlanner sofc~vare, Subscriber acknowledges that SPS is not the developer of any of the software products(s) used to provide the services hereunder ("Third Party Software"). SPS will not be responsible for damages caused by the failure of any Third Party SoRware to perform in accordance with its specifications ("Software Failure"), except to the extem such Software Failure is caused by SPS's negligence, willful misconduct or failure to maintain a maintenance contract on the particular Third Party Software which has failed. SPS and Subscriber agree that during the period that SPS is performing the services hereunder and for one (1) year thereafter neither party will interview for employment purposes or employ current employees of the other. SPS reserves the right to subcontract the services to a third party. The provisions of Sections D3 through D 10 of the Agreement shall also apply to this Addendum and to SPS. AMENDMENT TO SUNGARD RECOVERY SERVICES LP PLANNING SOLUTIONS ADDENDUM Pursuant to this Amendment, which shall be deemed an integral part of the Planning Solutions Addendum, entered into between SunGard Recovery ServiceS LP (',SunGard") and City of Boynton Beach ("Subscriber") on , the following changes and additions are hereby made to the Addendum. LIMITATION OF LIABILITY: Add the following to the beginning of the fourth sentence of this Section: "To the extent permitted by law," TERMINATION: Add the following new second paragraph to this Section: "If SPS breaches any of its obligations under this Addendum in any material respect and the breach is not substantially cured within thirty (30) days after receipt of written notice describing the breach, then the Subscriber may terminate this Addendum, without penalty, by giving written notice to SPS at any time before the breach is substantially cured. Termination of this Addendum will not relieve Subscriber of liability for, and Subscriber will promptly pay when due, all amounts owed to SPS or SunGard (as the case may be) under this Addendum for software delivered and/or services rendered and items delivered to Subscriber up to the date of termination and any reimbursable expenses incurred by SPS prior to termination." Except as otherwise modified herein, the terms and provisions of the Addendum shall remain in full force and effect. By the signatures of their duly authorized representatives below, SunGard and Subscriber, intending to be legally bound, agree to all of the provisions of this Amendment. SUNGARD RECOVERY SERVICES LP By: CITY OF BOYNTON BEACH By: Print Name: Print Name: Print Title: Print Title: Date: Date: SUNGARD® www. sungard.com LICENSEE'S NAME: LICENSEE'S ADDRESS: AGREEMENT DATE: SOFTWARE: PreCovery SUNGARD PLANNING SOLUTIONS MASTER SOFTWARE LICENSE AGREEMENT City of Boynton Beach 100 East Boynton Beach Blvd Boynton Beach. FL 33435 WARRANTY PERIOD: One Year from Agreement Date VERSION: [] Professional [] Enterprise LICENSE GRANTED: [] Stand Alone Workstation License - Licensee, under a Stand Alone Workstation License, may use one copy of the Software on a single-user workstation. Quantity DOCUMENTATION: CD and Manual 1 TRAINING: Public Training Classes 1 On-Site Training Days* N/A TOTAL LICENSE FEE FOR INITIAL ORDER $7,500 ANNUAL SUPPORT FEE FOR INITIAL ORDER (after expiration of Warranty Period) [ $1,125 FUTURE ORDER FEES: Additional Fee CD and Manual $200 Public Training Classes (per class) $900 On-Site Training Classes (per day) $1,800 (These rotes are guaranteed for one year after the Agreement Date and thereafter are subject to increase in the ordinary course of business.) *Licensee will reimburse Planning Solutions for reasonable travel and lodging expenses associated with on-site training. Travel and lodging require prior approval, if applicable. By the signatures of their duly authorized representatives below, SunGard Planning Solutions ("Planning Solutions") and Licensee, intending to be legally bound, agree to all of the terms of this Agreement including those on the reverse side. SUNGARD PLANNING SOLUTIONS (a division of SunGard Recovery Services LP) CITY OF BOYNTON BLEACH By: _ By: Print Name: Print Name: Print Title: Print Title:_ Date Signed: Date Signed: Version January, 2002 THE TERMS OF THIS AGREEMENT ARE CONFIDENTIAL SUNGARD® www. sungard.com MASTER SOFTWARE LICENSE AGREEMENT - continued 1. Protection of the Software. Planning Solutions' software ("Software") and related documentation ["Documentation") are subject to copyright laws and the terms of this Agreement. L License. Planning Solutions grants to Licensee (Licensee shall include all of its wholly-owned subsidiaries as of the date hereof for so long as they remain wholly-owned subsidiaries} a perpetual. non-transferable, non-exclusive license ("License") to use the Software and Documentation only for internal business purposes and in accordance with this Agreement. Planning Solutions will remain the owner of the Software and Documentation, and reserves all rights not specifically granted to Licensee under this Agreement. 3. Support Services. During the Warranty Period and for each Support Year (as defined below), subject to Licensee's payment of annual support fees, Planning Solutions will provide to Licensee the following support services: (a) modifications to the Software which Planning Solutions may from time to time distribute to its customers at no additional charge; and (b) reasonable telephone access, during Planning Solutions' normal business hours, to technical staff for consultation in the use of the Software. Licensee may terminate these support services by giving written notice to Planning Solutions at least thirty days before the end of the Warranty Period or current Support Year. If Licensee does not provide such notice, the support services will continue in effect for successive one-year periods ("Support Year"). Planning Solutions may increase the annual support fee by giving at least ninety days prior written notice to Licensee. 4. Fees and Taxes. Support fees will be invoiced annually in advance, and other fees will be invoiced upon delivery. All fees are payable within thirty days after the invoice date. Licensee must pay all sales, use and similar taxes in connection with this Agreement. 5. Warranties and Indemnification. During the Warranty Period, Planning Solutions warrants that the Software, as delivered to Licensee and when used as specified in the Documentation. will perform substantially in accordance with the Documentation. Planning Solutions warrants that the Sof'~vare as delivered to Licensee and when used as specified in the Documentation, the Software itself will not, as a result of the date change from December 31, 1999 to January 1, 2000, fail to perform substantially in accordance with the Documentation and such performance shall continue in the year 2000 and beyond. Planning Solutions' sole obligation and Licensee's sole remedy with respect to this year 2000 warranty is for Planning Solutions to use commercially reasonable efforts to correct the Software. Planning Solutions warrants that the Software and Documentation do not infringe upon any United States copyright, patent or other proprietary right. Planning Solutions will indenmify Licensee against any third party claim of such infi'ingement by paying any damages awarded by a court of final jurisdiction, and any settlements and legal costs pre-approved in writing by Planning Solutions. to the extent that the damages, settlements and costs resulted fi.om such infringement. As conditions to this indemnification, Licensee must notify Planning Solutions promptly after Licensee receives or learns of any infringement claim, Planning Solutions will have sole control of the defense and settlement of the claim, and Licensee will reasonably cooperate with Planning Solutions. If an infi'ingement claim is initiated or in Planning Solutions' sole opinion likely to be initiated, then Planning Solutions may make the Software and Documentation non- infringing, or arrange for Licensee's continued use of the Software and Documentation. or terminate this Agreement and refund the license fees Licensee paid under this Agreement. 6. Disclaimers and Limitations. EXCEPT FOR THE WARRANTIES IN PARAGRAPH 5, PLANNING SOLUTIONS MAI~S NO WARRA:NTIES. EXPRESS OR IMPLIED, 'tqTH RESPECT TO THIS ~kGREEMENT~ THE SOFTWARE OR ])OCUMENTATION. OR .~N~t' OTHER MAI~ER. INCLUDING (WITHOL'F LIMITATION) AN~/ IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PL~RPOSE, OR CONFORMITY TO ANY REPRESENTATION OR DESCRIFrloN. EXCEPT WITH RESPECT TO THE INFRINGEMENT INDEMNIFICATION IN PARAGRAPH 5, PLANNENG SOLUTIONS~ TOTAL LL4BILITY L~DER THIS AGREEMENT WILL NOT EXCEED THE LICENSE FEES LICENSEE P.MD U~'NDER THiS AGREEMENT. PLANNING SOLU~fIONS WILL NOT BE LIABLE FOR ANY LOSS OR INACCURACY OF I)ATA, ANY LOST REVENUES, LOST PROFIT~ LOSS OF BUSIN'ESS. OR CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY NATURE, WHETHER OR NOT FORESEEABLE. 7. Disclosure and Use Restrictions. The Software and Documentation, and the related object code, source code, design features, visual expressions, screen formats, report formats, trademarks and copyrights, and the ideas, methods and concepts used in the Soft-ware or Documentation, and all modifications of the foregoing are Planning Solutions' valuable, confidential property. Licensee will not (a)sell, license, distribute, transfer, communicate or disclose any of those items to any third party; (b)copy, except for a reasonable number of backup or archive copies and backup copies for disaster recovery purposes or as expressly provided herein; (c) modify any of those items, or decompile, reverse engineer, create or recreate any Software source code; (d) use any of those items to provide services to, or to other-Mse benefit, any third party; (e) use any of those items to create a program having features or functions substantially similar to those of the Software; (f)remove or modify any copyright or other proprietary notice contained in any of those items; (g) use or possess any of those items in any foreign jurisdiction in violation of any trade laws or regulations; or (h)allow others m do any of the foregoing. This paragraph may be enforced by injunction. 8. Remedies. Planning Solutions may immediately terminate this Agreement, retaining its other legal fights, if Licensee (a) fails to pay any mount due under this Agreement within thirty days after the due date, (b) violates any of the terms of paragraphs 2 or 7, or (c) violates any other term of this Agreement and fails to correct the violation within thirty days after receiving notice. Upon termination, Licensee will immediately stop using the Sofhvare and Documentation and return all copies in Licensee's possession or control. Paragraphs 6 and 7 will survive termination of this Agreement. 9. Other Terms. Licensee may not assign this Agreement or any rights under this Agreement without Planning Solutions' prior written consent, which will not be unreasonably withheld. This Agreement and any attached schedules constitute our complete agreement with respect to the subject matter of this Agreement, and replace all prior oral or written agreements, proposals and materials regarding the .sgme subject matter. This Agreement may be amended only by our mutual written agreement. If any part of this Agreement is determined to be unenforceable, then the remainder will not be affected by that determination. Paragraph headings are for reference only. I~S'~VAmA su~'rAtWrlv~ Law GOVERNS THIS AGREEMENT. © 1998 Sunward Planning Solutions, all rights reserved [Version Jalluary, 2002) ADDENDUM TO SCNG-ARD PLANNING SOLUTIONS 1VIASTER SC)FTWARE LICENSE AGREEMENT Pursuant to this Addendum. which shall oe deemed an integral part of the Master Software Li~cense Agreement ("Agreement'"), entered into between SunGard Ptanning Solutions ("PNnning Solutions"') and City of Boynton Beach ("Licensee") on the following changes and additions are hereby made to the Agreementt. 4. Fees and. Taxes, Paragrav ·: Add the fol[lowing new sentence to 'me .e'r~d of this nl~[ 'SNothwithstanding the foregoing, Licensee represents it is a tax-exempt emity and will provide a tax-exempt certificate." 9. Other Terns. In the last sentence of this Paragrapl% delete the first word "?enmsvlvania" and replace with "Florida". Except as otherwise modified herein, :ne terms and pm'visions of the Agreement shall remain in full force aJ~d effect. . By the signatures of their duly attt~,od2ed representatives below, Planning Solutions and Licensee.. intending to be legally bound, ag~,~ to ,tilt c>f the provisior~s of this Addendum. S'UNGARI} PLANNING SOLUTIONS CITY OF BOYNTON BEACH 13y: By: ]?tsnt Name: Print Name:__ ]?rmt Title: Print Title: D~te Dine: :SUNGAFir ® www. sungard.com RECOVERY SERVICES AGREEMENT BETWEEN SUNGARD RECOVERY SERVICES LP a Pennsylvania limited partnership ("SunGard") AND City. of Bo.vnton Beach corporation ("Subscriber") DATED April 1, 20 02 By the signatures of their duly authorized representatives below, SunGard and Subscriber, intending to be legally bound, agree to all of the provisions of this Agreement. SUNGARD RECOVERY SERVICES LP By: SUBSCRIBER: By: Print: Print Name: Print Title: Print Title: Date Signed: Date Signed: City of Boynton Beach \. RECOVERY SERVICES. Each Schedule to this Agreement specifies a Subscriber location ("Location"), the recover~ services to be provided by SunGard to ~ubscriber for that Location ("Recovery Services"), the fees to be paid by Subscriber to SunGard for those services, and any other applicable terms. Each Schedule may be signed by Subscriber or any of its subsidiaries or affiliates, and such signer shall be deemed to be "Subscriber" for purposes of that Schedule, provided that the original Subscriber named above shall be jointly and severally liable with such subsidiaries and affiliates for the performance of all obligations under such Schedule. Each Schedule represents a separate contract that incorporates and is governed by al of the terms of this Agreement. 1. DISASTER. A "Disaster" is any unplanned even[ or condition that ren- Disaster by having one of its designated representatives give notice to ders Subscriber unable to use a Location for its intended computer process- SunGard stating that a Disaster occurred, identifying the affected Location, lng anti related purposes. By s~gning a Schedule or any Addendum to a and specifying which Recovery Services Subscriber believes will be Schedule, Subscriber warrants that the Location specified in that Schedule required. SunGard will then follow Subscriber's reasonable declaration pro- is not at that time experiencing a Disaster, Subscriber may declare a cedures as provided to SunGard in the Disaster Declaration Authority form. 2. SELECTED SERVICES. Whenever Subscriber deciares a Disaster, the Recovery Services to De provided by SunGard to Subscriber shatl be the fBI- owing serwces which were selected bv Subscriber in the applicable Schedule: (a~ Center-Based Recovery Services. mmediate and exclusive use of the services described below 'Center-Based Recovery Services"~. which Su0scriber may use during the 5erio~ of time staled below, orovided at a SunGard facility: Ii) Hotsite. Ar installeC,, fully operational comDuter system and net- working caoability "Hotsite"). equa~ to or better than tin ail material respects including equipment quality and orocessing capacity) the Hotsite Configuration described in the Schedule, which Subscriber may use for six weeks. (ii) Coldsite. Environmentally prepared computer space ("Coldsite"), properly equipped to facilitate the installation of a computer system compa'able to tl~e Hotsite Configuration, which Subscriber may use for six months. (iii) Office Space. An adeauate aha reasonable amount of office space in the same facility where the Hotsite or Coldsite is IocatecJ, properly equipped to facilitate the installation of terminals, whict' Subscriber may use to operate that Hotsite or Coldsite. (iv) Work Group Space. An adequate and reasonable amount of office space, properly equipped to accommodate the Work Group Configuration described in the Schedule, which Subscriber may use for six weeks. (vi MegaVoicesm SunGard's voice communications backup service for the number of communications :~orts stated in the Schedule, which Subscriber may use for six weeks. (bi Mobile Recovery Services. Immediate and exclusive use of the serv- ices described below ("Mobile Recovery Services"), which Subscriber may use for the duration of a Disaster: (ii Replacement Recovery System. A fully ooerational, relocatable computer system and networking capability ("Replacement Recovery System"), equal to or better than (in all material respects including equipment quality and processing capacity) the Mobile Configuration described in the Schedule, to be i~rovided to Subscriber py one of the following methods at Subscriber's option: a Primary Recovery Facility. Access to the Replacement Recovery System at a SunGard facility where it is then installed. b. Alternate Recovery Facility, Delivery of the Replacement Recovery System to a SunGard facility where it may be accom- modated, within 48 hours after SunGard receives the Disaster declaration notice. c. Mobile Data Center. Delivery of a properly equipped vehicle housing the Replacement Recovery System to a destination in the continental United States requested by Subscriber, within 48 hours after SunGard receives the Disaster declaration notice, d. Subscriber Facility. Delivery of the Replacement Recovery System to a properly equipped facility located in the continen- tal United States requested by Subscriber, within 48 hours after SunGard receives the Disaster declaration notice. (ii) Computer Space. Environmentally prepared computer space ("Computer Space"), properly equipped to facilitate the installation of a computer system comparable to the Mobile Configuration, to be provided to Subscriber by one of the following methods at Subscriber's option: a. SunGard Facility. Access to the Computer Space at a SunGard facility where the Replacement Recovery System may be accommodated. b. Mobile Coldsite. Delivery of a properly equipped vehicle hOUS- ing the Computer Space to a destination in the continental United States requested by Subscriber, within 48 hours after SunGard receives the Disaster declaratio~ notice. {iii) Supplemental Office Space. An adequate and reasonable amount of office space in the same SunGard facility where the Replacement Recovery System or Computer Space is Iocate(~, prop- erly equipped to facilitate the installation of terminals, which Subscriber may use to operate that Replacement Recovery System or Computer Space. (iv) Mobile Work Group Space. SunGard will commence the delivery of a vehicle properly equipped to accommodate the Mobile Work Group Configuration described in the Schedule, to a destina- t~on in the continental Umted States requested o¥ Subscriber., within 24 hours after SunGard receives the Disaster declaration notice. iv) Quick Ship Equipment. Delivery of equipment equal to or better man (in all material respects including equi0ment duality and pro- cessmg capacity) the Quick Ship Equipment described .n the Schedule, to a prooer~v equipped facility in the continental United States requested bv Subscriber within 48 nours after Sung receives the Disaster declaration notice. 3. EXTENDED USE. During a Disaster, Subscriber may continue to use the Center-Based Recovery Services beyond the oer~ods stated in Section A2(a), provided that this extended use shall be subject to immediate termination if and when any other subscriber declares a disaster. 4. COMPREHENSIVE RECOVERY SUPPORT. Whenever Subscriber uses Recovery Services during a Disaster. SunGard's Support Staff (consisting of operations, communications, security, transportation, systems software and customer support personnel, as appropriate) shall provide comprehen- sive support to Subscriber on a 24-hour-a-day, 7-day-a-week basis, as need- ed. To facilitate Subscriber's use of the Recovery Services during a Disaster, SuhGard's Support Staff shall assist Subscriber in pre-testing Subscriber's ooerating systems, network control programs and commur~cations circuits. During a Disaster, SunGard's Support Staff also shall assist Subscriber in contacting vendors and in obtaining and installing additional or replacement equipment. 5. TESTS. Prom ptly after execution of this Agreement, SunGard shall either notify SubscriBer of available times to schedule a training workshop at a SunGard facility or provide instructions to Subscriber to conduct a comput- er based training workshop. Subscriber may use certain Recovery Services to test its disaster recovery capability ("Test") for the number of Test Periods stated in the applicable Schedule. Each Test Period entitles Subscriber to eight (8) hours of consecutive test time per contract year at a designated SunGaro facility, on a non-cumulative basis. During each Test, SunGard's Support Staff shall provide reasonable supplies and support to Subscriber as needed, subject to availability, In order for SunGard to provide support Subscriber for a scheduled Test, all Test plans must be provided to SunGard at least three (3) weeks prior to the Test date. Upon receipt of Subscriber's Test plan, SunGard will then assign a SunGard technical coordinator to rewew Subscriber's Test plan and act as project manager to coordinate Test support activities, Tests shall be scheduled au least four 14t months in advance and availability is on a 24-hour-a-day, 7-day-a-week basis. All Tests shall be subject to immediate cancellation or termination, and sha be rescheduled as soon as possible, if and when any other subscriber dec a disaster and requests use of the Recovery Services being tested. 6, E-TESTING SERVICES. Subscriber may, at its option, elect to participate in SunGard's Online Test Plan Submission system ("E-Testing Program"). The Program allows Subscriber to complete and submit Test plans o ~line for any scheduled Test. Subscriber shall use the Pros ram only for its own inter- nal purposes in testing its disaster recovery configuration with SunGard. Periodically, in its sole discretion, SunGard may change or discontinue the Program. SunGard shall not be liable for any damages incurred by Subscriber as a result of Subscriber's access to, use of, or downloading of any information or data contained in the web pages of the Program, includ- ing damages caused by any wruses. 7, SOFT'WARE. All systems and utility software which SunGard has installed on the equipment used to provide the Recovery Services may be used by Subscriber during a Disaster or a Test. 8. TECHNOLOGY EXCHANGE, Upon Subscriber's request, SunGard will provide a list of computer and communications equipment that is then cur- rently available to enhance the Hotsite Configuration or Mobile Configuration. Subscriber may exchange certain components of its config- uration for hardware representing newer technology, by giving written notice to SunGard and signing an appropriate Addendum to the applicable Schedule. Upon the effective date of this exchange, the Monthly or Annual Fees due under that Schedule may increase Dy an amount reasonably deter- mined by SunGard, based upon the difference between (a) SunGard's then prevailing Monthly or Annual Fees for the new hardware selected, and (bi an allocated portion of the prior Monthly or Annual Fees covering the compo- nents that were replaced. 9. ACCOUNT EXECUTIVE. SunGard shall assign an Account Executive to Subscriber to assist in monitoring the continued viability of Subscriber's dis- aster recovery capabiti~ and to facilitate ongoing communications between Subscriber and SunGard. 10 HOTLINE SunGard shall ma nra n a toll-free customer support~lL~!_e- ;)hone service, on a 24-hour-a-day, 7-day-a-week bas~s, which Su , may use as needed. 11.USER'S GUIDES. Subscriber shall receive SunGard's current User's Guides for the Recovery Services and all applicable updates and revisions, as and when issued. ~.~MAINTENANCE AND USE OF RECOVERY RESOURCES. The terms of tins Section B are intended to ensure mat the facilities and eou~pment used by SunGard to prowoe the Recovery Services "Recovery Resources", are properly maintained and usec, and to protect the respective interests of the parties in using the Recovery Resources. 1. MAINTENANCE. SunGard shall maintain vendor-soecified proper ooer- ating enwronments at its facilities and m its vehicles used to provide ti~e Recovery Services. SunGard shall adhere [o vendor-recommended proce- lures and oolicies for proper maintenance of the Recovery Resources. including necessary remedial maintenance and regularW scheduled Dreven- tire maintenance, SunGard warrants to Subscriber that the Recovery Resources shall be maintained in a state of readiness at all times, consistent with SunGard's obligations under this Agreement. 2. SIGNIFICANT CHANGES. SunGard may change the Recovery Resources and shal gwe written not~ce to Subscriber at least 60 days ~efore making any significant change that m grit substantially anc adversely ~mpact Subscriber. Subscriber shall then have an adequate and reasonable number of free adcitional Test Periods to Test the affected Recovery Services. If, ic Subscriber's reasonable judgment, any such change substantially aha adversely impacts Subscriber to the extent that Subscriber cannot use the affected Recovery Services, then Subscriber may terminate the affected Recovery Services by g~ving written notice to SunGard within ten days after Subscriber first uses the affected Recovery Services for either a Disaster or Test. 3. AUDITS, At any time except when the Recovery Resources are being used during a disaster or a confidential test, Subscriber may, at its exoense, audit the Recovery Resources to verify SunGard's compliance with this Agreement. SunGard also shall ~ermit any regulatory authority having jurisdiction over Subscriber to respect the Recovery Resources. SunGard shall, at its expense, have the Recovery Resources annually reviewect by an independent third-party auditor, WhOSe reports shall be furnished to Subscriber upon request. 4. STANDARD PROCEDURES. SunGard shall maintain reasonable and uni- form policies regarding security, safety, scheduling, operations and other procedures for accessing and using the Recovery Resources during disas- ters and tests. These policies may appear m SunGard's User's Guides and in other written documents orovided by SunGard to its subscribers from time to time. Both SunGard and Subscriber shall comply with tt~ese policies in all material respects and shall use all Recovery Resources n accordance with manufacturer specifications. Policies for tests include advance sched- uling and cancellation requirements. Any Test Period(s) cancelled by Subscriber less than 45 days before the schedu ed aate will De applied against Subscriber s annua a otment of Test Per ods un ess SunGard is able to reschedule the cancelled Test Period[s) with another subscriber. 5, SPECIAL PROCEDURES. If Subscriber gives written notice to SunGard describing any special data protection or other security procedures used by Subscriber then SunGard shall use commercially reasonable efforts to help implement tl~ose procedures whenever Subscriber is using the Recovery Resources. Subscriber she De responsible for any additional expenses rea- sonably incurred by SunGard in implementing Subscriber's special proce- dures. 6. MOBILE RESOURCES. 't~tle to all of the Recovery Resources used rd pro- vide Mobile Recovery Services ["Mobile Resources"), wherever located, shall remain in SunGard or its supplier, except for any Quick Ship Equipment as to which Subscriber properly exercises its purchase option, if any, described in the applicable Schedule~ With respect to any Mobile Resources for which the destination is not a SunGard facility, (a) Subscriber shall obtain or provide, at Subscriber's expense, all permits, landlord consents and other authorizations, and all communications, power and other utility lines and equipment, needed to possess, ~ocate or use the Mobite Resources at that destination, (b) Subscriber shall be responsible for the security of the Mobile Resources at that destination, (c) Subscriber shall not relocate the Mobile Resources without SunGard's prior written consent which will not be unrea- sonably withheld, (dj when Subscriber's use or right to use the Mobile Resources during a Disaster or Test ends, Subscriber shall comply with SunGard's return delivery or shipment instructions, and te) if the Mobile Resources do not include a SunGard vehicle, then Subscriber shall orovide a proper operating environment for the Mobile Resources. If any Mobile Resources are provided by a third party under contract with SunGard and that contract is terminated, then SunGard will use commercially reasonable efforts to replace the Mobile Resources. If SunGard is unable to replace the Mobile Resources, then SunGard may terminate the applicable Recovery Services upon 90 days prior written notice to Subscriber. 7. REMARKETED EQUIPMENT. SunGard may terminate the Recovery Services for any items designated in a Schedule as "Remarketed Equipment" (equipment owned by another SunGard subscriber~ upon 30 days prior written notice to Subscriber. C. MULTIPLE DISASTER. Subscriber's rights of immediate and exclusive use of the Recovery Services, as provided in Section A2, shall be subject to the pos- sibility that one or more other subscribers ("other affected subscribers") could declare a disaster at the same time as [or before or after) Subscriber and reou~re use of the same Recovery Resources at the same time as Subscriber ("Multiple Disaster"). The following provisions are intended to avoid or mini- mize contention for Recovery Resources during Multiple Disasters. 1. PRIORITY RESOURCES AND SHARED RESOURCES. All Recovery Resources shall be available on a priority use basis ("Priority Resources") except for those designated by SunGard as available on a shared use basis ("Shared Resources"). SunGard's designations of Shared Resources shall be made in its reasonable discretion and shall be subject to change without notice. 2, ACCESS AND USE PROCEDURES. Access to and use of Recovery Resources during disasters shall depend upon whether the Recovery Resources are Priority Reso~:¢ces or Shared Resources and, with respect to Priority Resources, the order ,n which disasters are declared. SunGard shall maintain records of its receipt of disaster declarations, which shall be the exclusive basis for determining the orc~er in which disasters are declared. iai Subscriber shall have priority rights of access to and use of applica- ble Priority Resources that are not then being used by other affected subscribers who previously declared disasters. Use of such Priority Resources is exclusive for as long as Subscriber is entitled to use them under Section A2. (b) Subscriber and all other affected subscribers shall have equal rights of access to and use of applicable Shared Resources. irrespective of the order in which disasters occur or are aeclared Use of Shared Resources may be exclusive at times but remains subject to the possi- ble need for shared or allocated use with other affected subscribers. (c) If applicable Priority Resources anc~ a i~plicable Shared Resources are both available. Subscriber may choose which type to use. (dj Subscriber shall cooperate with SunGard and all other affected sub- scribers as reasonably required under the circumstances, including to coordinate the efficient use of Recovery Resources, to avoid or mini- mize the need for shared or allocated use of ShareO Resources and to implement any necessary ptans for shared or allocated use of Shared Resources. (e) If a Multiple Disaster is widespread or extreme, then, notwithstand- ing the foregoing provisions, SunGard may implement emergency pro- cedures that are necessary, in SunGard's reasonable judgment, to allo- cate Recovery Resources in order to satisfy the critical needs of affect- ed subscribers, applicable national security interests and comparable concerns. 3. MULTIPLE DISASTER PROTECTION. To lower the probability of a Multiple Disaster, SunGard shall comply with the following terms: (a) No other subscriber shall be granted any greater rights of access to or use of the Recovery Resources than are granted to Subsc tiber un(~er this Agreement. (b) No agreement to provide use of any Recovery Resources shall be entered into at a time when the subscriber location to be serviced is then currently experiencing a disaster. For Center-Based Recovery Services. SunGard also shall comply with the following: (c) To discourage unnecessary disaster declarations, Disaster Declara- tion Fees, as provided in the Schedules, shall be charged whenever a subscriber declares a disaster. (dj To discourage unnecessary use of the Recovery Resources, Daily Usage Fees, as provided in the Schedules, shall be charged for use of the Recovery Resources other than for tests. 4. CRISIS MANAGEMENT. Whenever SunGard learns of an approaching storm or other situation that might cause a Multiple Disaster, SunGard shall monitor the situation and use commercially reasonable efforts to coordinate contingency plans with all potentially affected subscribers. D. OTHER TERMS 1 CONTRACT TERM. This Agreement shall continue in effect for so long as there is a Schedule in effect. The term of a Schedule. ano Subscriber's rights to use the Recovery Services selected on that Schedule. snail begin on the Commencement Date an(~ continue m effect for the Agreed Term stated ~n tl~at Schedule. Thereafter. that Schedule shall automatically renew for suc- ss~ve renewal terms of equal duration to the Agreed Term, unless either "W gives written notice of termination to the other at least six months ~fore the end of the tt~en current term. Subscriber acknowledges that SunGard requires this a(~vance notice due to the substantial, long-term equipment and facilities commitments SunGard makes in reliance upon its subscriber contracts. ThisA~ reement and each Schedu e is a non-cancelable contract that may be terminated only in accoroance with its express terms. 2. FEES AND EXPENSES. All Monthly or Annual Fees shall be invoiced by SunGard in aovance. All other fees. and any out-of-pocket expenses reason- ably incurred by SunGard on behalf of Subscriber and with prior authoriza- tion shall be nvo ced by SunGard as and when incurred. Subscriber's pay- ments shall be due within 30 days after receipt of invoice. For any amount not paid when due, Subscriber wil pay ,interest at the lesser of fifteen per- cent (15%) per annum or the ma×imum Subscriber fails to cure a :material breact the cure period specified in Section D.6, then Subscriber's obligation Subscriber shall pay all co lection (a) any applicable Disaster Fees as nications and similar tf the Recovery from Subsc of Hotsite portation, delivery, operation and used by Subscriber, {e)all costs a installation of Mol tions, and (f) any imposed upon the Agreement. Beginning one year Schedule, SunGard may increase all up to 8% per contract year,: by giving Sub~ ten notice. by law. If ations within accelerate all Commu- of with the trans- 3lie Resources de- Ioca- or 1der this Date of a :hedule by days prior writ- 3. CONFIDENTIALITY. All information disclosed by one party to the other in connection with this Agreement shall be treated as confidential information un ess it is or becomes publicly available through no fault of the other party, 31ready known to the other party, or is later rightfully obtained by the other rty from independent sources. Each party's cc nfidential information shall De held in strict confidence by the other party, using the same standard of care as it uses to protect ts own confidential inforn~at on, and shall not be used or disclosed by the other part,/for any purpose except as necessary to implement or perform th s Agreement. Without limiting the generality of the foregoing, such confidential information includes (a) Subscriber's data and software and the deta s of Subscriber's computer operations and recovery procedures, which ~nclude trade secrets of Subscriber, (b~ SunGard s phys - cai security systems access control systems sPecialized recovery equip- ment and techniques, pr cing and User's Guides:, and SunGard's E-Testing Program and web pages, which include trade secre{s of SunGard, and (c)) the terms of this Agreement. This Section D3 may be~enforced by injunction. 4. LIABILITY AND INDEMNIFICATION. Each party ("liable party") shall be fully liable to the other party for any direct damages caused by any breach of contract, negligence or willful misconduc~ of the liable party (or any of its employees or agents} in connection with the use of the Recovery Resources or any other matter relating to this Agreement. The liable party shall indem- nify and hold harmless the other party {and its affiliates and their respective employees and agents) against any claims, actions, damages, losses or lia- bilities to the extent arising from any such breach of contract, negligence or w fu m sconduct of the liable party (or any of its employees or agents). Notwithstand ng the foregoing: (a) SunGard shall have no liability for any of Subscriber's tangible property located at a sunGard fac lity Or in a SunGard vehicle, except for any direct damages caused by SunGard's negligence or willful misconduct; (b) if Subscriber's data or software is damaged as a result of SunGard's negligence, then SunGard shall be iable to Subscriber for up to $25.000 for Subscr bar'S (3ocUmented out-of-pocket expenses incurred to recreate such data or software; and (c) SunGard's to~al liability for d rect damages with respect to a Schedule sba I be limited to one year's Monthly or Annual Fees under that schedule, or $250,000, whichever is greater. Subscriber shall indemnify and hold harmless SunGard (and its affiliates and their respective employees and agents) against any claims, actions, dam- ages, osses or liabilities to the extent arising from the use, control or pos- session of any Mob e Resources by Subscriber (or any of its employees or 'lents). Excluding SUbscriber's payment obligationS, under no circum- .ances shall either party be liable for pst revenues, lost profits, loss of busi- ness, or consequental, ndiroct, exemplary or special damages of any nature, whether or not foreseeable. EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, SUN,GARD MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MER- CHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, 5. FORCE MAJEURE. Neither pa~ shall be liable for. nor shall either pat's/ be considered in breach of this Agreement oue to, any failure to per'~orm obligations under this Agreement as a result of a cause beyond its con. including any natural calamity, act of God or a public enemy, act of any itary, civil or regulatOry authority, change in any law or regulation, disru orion or outage of communications, power or other utility, failure to perform by any supplier or other third party, or other cause which could not nave been prevented with reasonable care. tf, due to any such cause SunGard is unable to provide to Subscriber a materia~ part of the Recovew Services described in a Schedule and this inability contir~ues for a oeriod of more than 30 days then the Monthly Fees for those Recovery Services for that period shall be waived and ~he term of that Schedu e shal~ be extended by an equal period. If this inability continues for more than five days after Subscriber has dec ared a Disaster, then SUbscriber may terminate that Schedule, without penalty, by giving written notice of termination to SunGard at any time before the inability ends, 6. TERMINATION FOR CAUSE, If either party breaches any of its obligations under this Agreement in any material respect and the breach is not substan- tially cured within the cure period specified below, then the other party may terminate this Agreement or any Schedule(s), without penalty, by giwng written notice t° the breach ng party at any time before the breach is sub- stantially cured, With respect to a breach of SunGard's obligation to provide the Recovery services to Subscriber during a Disaster, the cure period shall be five days. With respect to SUbscriber's payment obligations, the cure period shall be ten days after receipt of SunGard's written notice of non-pay- ment. With respect to all other obligations under this Agreement, the cure period shall be 30 days after receipt of written notice describing the breach provided that, if a longer period is reasonably required to cure the breach and the cure is promptly begun, such cure Period shall be extended for as long as the cure is being diligently proseCuted to completion. 7. NOTICE, All notices, consents and other communications under this Agreement shall be in writing and shall be deemed to have been received on the earlier of the date of actual recei pt or the third business day after being sent by first class mail. Any notice may be given by facsimile, and Disaster dec aration notice may be given orally provided that, in either case, a signed written confirmation is received within 24 hours thereafter. Subscrit~~ ' address for notice is stated in each Schedule. SunGard's address for n, is 1285 Drummers Lane. Wayne, Pennsylvania. 19087, Attention: Contto,~ Administration. 8. ENTIRE UNDERSTANDING, This Agreement (which includes and incor- porates all Schedules and Addenda to this Agreement) states the entire understanding between the parties with respect to its subject matter, and supersedes all prior proposals, negotiations and other written or oral com- munications between the parties with respect to the subject matter of this Agreement. No modification of this Agreement, and no waiver of any breach of this Agreement, shall be effective unless in writing and signed by an authorized representative of the party against whom' enforcement is sought. No waiver of any 13reach of this Agreement, and no course of dealing between the parties, shall be construed as a waiver of any subsequent breach of this Agreement. 9. PARTIES IN INTEREST. Neither party may assign this Agreement or any rights or obligations under this Agreement without the prior written consent of the other party which will not be unreasonably withheld. This Agreement shall bind, benefit and be enforceable by and against both parties and their respective successors and consented-to assigns. No third party shall be considered a beneficiary of this Agreement or entitled to any rights under this Agreement, 10. CONSTRUCTION. THIS AGREEMENT SHALL BE GOVERNED BY SUB- STANTIVE PENNSYLVANIA LAW. This choice of governing law shall not be considered determinative of the jurisdiction or venue of any action between the parties, in any action relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and court costs from the other party. A determination that any term of this Agreement is invalid or unenforceable shall not affect the other terms of this Agreement. Section headings are for convenience of reference only and shall not affect the interpretation of this Agreement. The relationship between the parties created by this Agreement is that of independent contractors, and not par~- hers, joint venturers or agents. Sections D3. D4 and D10 shall surv~ve?~ termination of this Agreement. ©2002 SunGard Recovery Services LP, all rights reserved. ,~'~1~'~. CPLX0302 Requested City Commission Meetin~ Dates [] March 19, 2002 [] April 2, 2002 [] April 16. 2002 [] May 7, 2002 CITY OF BOYNTON BEACH 'AGENDA ITEM REQUEST FORM Date Final Form Must be Turned ~n ro City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May21. 2002 [] June4, 2002 [] June 18, 2002 [] July 2, 2002 VII.-CONSENT AGENDA ITEM C. 1. Date Final Form Must be Turned in to CiW Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: To release cash bond of $20,295.00 to Suffolk Construction Company, Inc. EXPLANATION: On January 2, 2002, the Building Division sent to the Finance Department a cash bond of $20,295.00 for the completion of the permitted work at Tuscany on the Intracoastal - Clubhouse (2320 South Federal Highway). The work has been completed and the Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None Qkq~slL.k3reene, Development Director Development Department Department Name City Manager's Signature · City Atl{c~e~, / Finance / Human Resources S:kBULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- _A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF CASH BOND, IN THE AMOUNT OF $20,295.00, FOR THE PROJECT KNOWN AS TUSCANY ON THE INTRACOASTAL, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the developer for the project known as Tuscany on the Intracoastal, ~reviously posted a cash bond in the amount of $20,295.00 for the completion of work; and WHEREAS, the Building Department of the City of Boynton Beach is satisfied with the completion of the work, and a Certificate of Occupancy has been issued. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, hereby approves the release of the cash bond in the amount of $20,295.00 to Suffolk Construction Co., Inc. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of May, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ~_TTEST: City Clerk s:ca\Reso\Letter of Credit/Cash Bond - Tuscany 051202 Commissioner Florida Divisi3n April 24. 2002 Don Johnson. Chief Building Official City of Boynton Beach Building Department 100 East Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Phone (561) 742-6366: Fax (561) 742-6357 Sent Via: Hand Delivered Tuscany on the Intracoastal - Boynton Beach, FI. Clubhouse Surety Bond Release Dear Mr. Johnson, The Tuscany on the Intracoastal Clubhouse (permit #00-00004626) received its permanent Certificate of Occupancy on April 15, 2002 (see attached). Please accept this letter as our formal request for the release of our cash surety bond, in the amount of $20,295.00. Should you have any questions or if we can be of.further assistance, please do not hesitate to contact me at (561) 832-1616. Respectfully, 5~c~~al o~~Suffol Constr t' Co nc. Proj~ff Ex~'cutiYe Attachment Cc: Michael A. O'Donoghue - Suffolk Construction 515 North Flagler West Palm Beach 5th Floor Florida 33401 t 561-832-16t6 f 561-832-6775 ww~v, suffolk-consrruct~on.com CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEAC~ FL 33425 CERTIFICATE OF OCCUPANCY PERMANENT Issue Date ...... 4/15/02 Parcel Number Property Address Subdivision Name Legal Description Property Zoning .... Owner ......... 08-43-45-33-00-000-1440 2320 S FEDERAL HWY BOYNTON BEACH FL 33435 33-45-43, TH PT OF S 5 AC OP SE 1/4 OF SE 1/4 OF NE 1/4 E OP COUIfrY RD P4ULTI FAMILY (10.80) ALTMAN DEVELOPMENT CORP Contractor SUFFOLK CONSTRUCTION CO INC 561 625-4111 Application number Description of Work Construction type Occupancy typ~ .... Flood Zone Special conditions FINISH FLOOR ELEV 9.0' AS IDENTIFIED ON THE FLOOD ELEVATION CERTIFICATE FLOOD ZONE B/A-5 BASE FLOOD ?' CLUBHOUSE Approved 00-00004626 000 000 CLUBHOUSE/RECREATIONAL BUILDING TYPE VI~UNPROTECTED ASSEMBLY ...... ' Bu£1d~g Official VOID UNLESS SIGNED BY BUILDING OFFICIAL DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 02-001 TO: FROM: DATE: SUBJECT: Diane Reese, Finance Director Johnson, Building Officia .~7fi Don January 2, 2002 CASH BOND - TUSCANY ON THE INTRACOASTAL (Clubhouse) - 2320 SOUTH FEDERAL HIGHWAY Attached is a check for $20,295.00 from Suffolk Construction Company, Inc. This is a cash surety for Tuscany on the Intracoastal (Clubhouse) and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letter from George Mouriz/Mouriz, Salazar & Associates, Inc. & check XC: Timothy K. Large, Building Code Administrator Permit File # 00-4626 SSDevelopment'~Building DivXDocumenrs',Memos in Word\Cash Bond - Tuscany 00-4626.doc PAY SUFFOLK CONSTRUCTION COMPANY, INC, 65 ALLERTON STREET BOSTON, MA 02119 DATE INVOICE AMOUNT 52-1531112 5166 DOLLARS Acc'rs.~'^',',,','='LE J Ois¢OUNT J c~,'Ck A,,,4OUNT ¢... Fleet Maine. N.A. Fleet ww~.,~,.oom ... South. Portland, ME //. "~ CITY OF BOYNTON BEACH Boynton Beach. Florida ,',,, ~ 2o~75 DATE 20 DEPARTMENT FOR -' - BY MOURIZ / SALAZAR & ASSOCIATES, INC. ARCHITECTS & PLANNERS 7695 S.W. 104TH STREET SUITE 100 MIAMI. FLORIDA 33156 305/273-991 ] AA C000895 December 28, 200 l Don Johnson. Chief Building Official City of Boynton Beach Building Department 100 East Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Phone (561 ) 742-6366; Fax (561) 742-6357 Sent Via: Hand Delivered Tuscany on the Intracoastal - Boynton Beach, FL Clubhouse Certificate of Occupancy Dear Mr. Johnson, Pursuant to the request of Airman Development Corporation and Suffolk Construction Company, [nc., we have completed a field inspection on the captioned project on this date. We observed that the following referenced scopes of work remain incomplete and have provided estimated costs to complete each respective scopes as outlined below: Description Estimated Cost 1. Molding @ Front Entrance $ 250.00 2. Tile for Fireplaces $1,000.00 3. Appliances for Model Units $ 3,000.00 4. Exterior Sills & Locksets $ 300.00 5. Wood trim @ Leasing Center $100.00 6. Tree Grates $ 5,000.00 7. Baseboards in Gallery & Front Entry $ 500.00 8. Trim Pieces in Gallery - Picture Frames $ 250.00 9. Trim Stair rail on Gallery stair $1,000.00 10. Weather stripping on exterior $ 200.00 11. Cabinet for Kid's Room $1,800.00 12. Gallery Gate hardware $ 200.00 13. Paint Gallery stair rail $ 200.00 14. Replace Square handrail on staircase $100.00 MOURIZ SALAZAR MOURIZ / SALAZAR & ASSOCIATES, ARCHITECTS & PLANNERS 7695 S.W. 104TH STREET SUITE 100 MIAM I, FLORIDA 33156 305/273-9911 AA C000895 NC. 15. Dutchmen in Cedar Beams 16. Install side splashes on cultured marble in models - adjust outlets 17. Barbeque Grill 18. Shower Door enclosure 19. Interior/Exterior paint & drywall touch-up 20. Exterior Fountains ~ Pool Area & Main Entry $ 200.00 $100.00 $ 500.00 $ 250.00 $1,000.00 $ 2,500.00 Subtotal $18,450.00 Multiple x l 10% $1,845.00 TOTAL $ 20,295.00 Should you have any questions or if we can be of further assistance, please dO not hesitate to contact me at (305) 273-9911 :. ~. x George M'ot~r'~, Principal '-,,,' C.'.,, "~4~4,o. uri~;}S)a~,~: Associates, Inc. Cc: John Goodfellow - Altman Development Corporation Michael J. Beaumier - Suffolk Construction Co., Inc. V I.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16. 2002 [] May 7, 2002 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to CiW Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to CiW C erk's Office March6,2002 (5:00p.m.} [] May21,2002 May 8, 2002 (5:00 p.m.) March 20. 2002 (5:00 p.m.) [] June4. 2002 May 22, 2002 (5:00 p.m. April 3. 2002 (5:00 p.m.t [] June 18.2002 June 5.2002 (5:00 p.m.t April 17.2002 (5:00 p.m.) [] July 2.2002 June 19. 2002 (5:00 p.m.) RECOMMENDATION: [] Administrative [] Development Plans z- - [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation co [] City Manager's Report ~_o Motion to approve full release of letter of credit no. S163244 from First Union Bank in the amount of $95,306 for the water and sanitary sewer systems serving the project known as American Retirement Corporation (ARC). EXPLANATION: The amount being released represents the total surety for the water and sanitary sewer systems serving this project. This Department has completed its final inspection, and verified that all portions of the water and sewer systems are operating satisfactorily. The warranty period for this system has successfully been completed. The surety may therefore be released. PROGRAM IMPACT: None FISCAL IMPACT: None ~~' D~ePf~a~ ~ n~t H~ad's~S~gn~'ALTERNATIVES: None. The City'S.atu I~e~~'~C°de allows for a ine-year warran~ ~eriod.d~gnature UTILITIES Department Name City Atrophy) Finance / Human Resources XC: Peter Mazzella (w/attachments) Barbara Conboy " Mary Munro, Finance Dept. " File " S:~BULLETIN~ORMSL~GENDA iTEM REQUEST FORM.DOC RESOLUTION NO. R 02- 'A RESOLUTION OF THE CITY COMMISSION OF rilE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF THE SURETY (LETTER OF CREDIT (S163244) FOR THE WATER AND SANITARY SEWER SYSTEMS SERVING THE PROJECT KNOWN AS AMERICAN RETIREMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the project is complete and the City has completed its final inspections, verified that all portions of the water and sanitary sewer systems are operating atisfactorily; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, based the recommendation of staff, hereby approves a full release of the surety for the water sanitary sewer systems serving the project known as American Retirement Corporation. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of May, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner T~ Clerk ~orate Seal) - Hills of Lake Eden Full Commissioner Commissioner I~EVOCABLE STANDBY LETTE~ OF CREDIT I LETTER OF CREDIT NO I ISSUE DATE EXPIRY DATE ~ S163244 t SEPTEMBER 0~, 1~98 SEPTEMBER 30, 1999 CITY OF BOYNTON BEACIt, FL UTILITIES DEPARTMENT 124- E. WOOLBP~IGHT ROAD BOYNTON BEACH, FL 33435 GENTLEMEN; WE HEREBY OPEN OUR iRREVOCABLE STANDBY LETTER OF CREDIT iN YOUR FAVOR FOR TIIE ACCOUNT OF AMERICAN ~ETIREMENT CORPORATION, ] 11 WESTWOOD PLACE. SUITE 402, DRENTWOOD, TN 37027, AVAILABLE FOR DRAWINGS UP TO USD 95,306.00 (UNITED STATES DOLLARS NINETY FIVE THOUSAND THREE IIUNDRED SIX 00/t00) DY YOUR DRAFT(S) AT SIGIIT DRAWN ON OURSELVES, EFFECTIVE IMMEDIATELY AND EXPIRING AT TIIE EARLIEST OF SEPTEMBER 30, 1999 OR UPON RECEIPT DY US OF THE ORIGINAL OF TIIIS LETTER OF CREDIT TOGETIIER WITtI A RELEASE LETTER FROM TIIE CITY OF BOYNTON BEACII. THIS LETTER OF CREDIT IS ISSUED FOR COMPLETION OF TIIE WATER AND SEWER SYSTEMS AS ILLUSTRATED ON PLANS DY MALEK & ASSOCIATES, INC. PROJECT ~97-735L86. SIGHT DRAFT(S) MUST BE ACCOMPANIED BY A STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZE OFFICIAL OF TIIE CITY OF BOYNTON BEACH STATING THAT THE UTILITY ACCOUNT OF AMERICAN RETIREMENT CORPORATION IS DUE AND PAYABLE. PARTIAL DRAWINGS ARE PERMITTED. WE ttEREDY UNDERTAKE TO PROMPTLY HONOR ONE OR MORE OF YOUR SIGHT DRAFT(S) DRAWN ON US IN COMPLIANCE WITH TERMS OF THIS LETTER OF CREDIT FOR ALL OR ANY PART OF THIS LETTER OF CREDIT, IF PRESENTED TOGETHER WITH DOCUMENTS AS SPECIFIED AND THE ORIGINAL OF THIS LETTER OF CREDIT AND AMENDMENTS IF ANY AT OUR OFFICE LOCATED AT 301 SOUTH TRYON STREET, INTERNATIONAL M?, CHARLOTTE, NC 28288-0742 ON OR BEFORE THE ABOVE STATED EXPIRY DATE. DRAFT(S) DRAWN UNDER TIIIS CREDIT MUST DE MARKED "DRAWN UNDER FIRST UNION NATIONAL DANK LETTER OF CREDIT NUMBER S163244 DATED SEPTEMBER ~, 1998." EXCEPT AS STATED HEREIN, THIS UNDERTAKING IS NOT SUBJECT TO ANY CONDITION OR QUALIFICATION. OUR ODI, IGATION UNDER THIS LETTER OF CREDIT SHALL DE OUR INDIVIDUAL OBLIGATION AND IN NO WAY CONTINGENT UPON REIMBURSEMENT WITH RESPECT THERETO. EXCEPT AS OTHERWISE EXPRESSI,Y STATED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO TIIE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, 199~ REVISION INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO.500. AS TO MATTERS NOT COVERED DY ~'~CONTINUED ON NEXT PAGE WIIICtI FORMS AN INTEGRAL PART OF TfIIS LETTER OF CREDIT IRREVOCABLE STANDBY LETTER OF CREDIT g163244 SEPTEMBER 04, t998 PAGE NO. 2 UCP, THIS C~EDIT StIALL BE SUBJECT TO AND GOVERNED BY TIlE LAWS OF THE STATE OF FLORIDA. TIIIS LETTER OF CREDIT IS ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION IN PAI.M BEACH COUNTY, FLORIDA. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SIIALL DE DEEMED AUTOMATICALLY EXTENDED WITIIOUT AMENDMENT FOR ONE YEAR FROM THE P~ESENT OR ANY FUTURE EXPIRY DATE UNLESS AT LEAST NINETY (90) DAYS PRIOR TO SUCII EXPIRATION DATE, WE NOTIFY YOU IN WRITING BY CERTIFIED MAIL, RETURN RECEIPT REQUIRED, EXPRESS COURIER OR HAND DELIVERED AT THE ABOVE ADDRESS TIIAT WE ELECT NOT TO RENEW THIS LETTER OF CREDIT FOP ANY SUCH ADDITIONAL ONE YEAR PERIOD. NOTWITtISTANDING ARTICI,E 17 OF THE UCP, IF THIS LETTER OF CREDIT EXPIRES DURING AN INTERRUPTION OF OUR BUSINESS AS DESCRIBED IN SAID ARTICLE 17, WE HEREBY SPECIFICALLY AGREE TO HONOR ALL DRAWS PRESENTED WITIIIN 30 DAYS AFTER THE RESUMPTION OF OUR BUSINESS. AUTHORIZED SIGNATURE / FIRST UNION NATIONAL DANK TO AND Fp?E ME DAY OF ~~~ , 1998. 'ff~TaRY PUBLIC ~ Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 VII.-CONSENT AGENDA ITEM C.3 CITY OF BOYNTON BEACH · AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21, 2002 [] June 4,2002 [] June 18,2002 [] July 2, 2002 Date Final Form Must be Turned in to Cier Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 I5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 ~5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve the agreement between the Department of the Treasury, Department of Justice and The City of Boynton Beach for" Federal Equitable Sharing Agreement ". EXPLANATION: From time to time the City of Boynton Beach Police Department will work with Federal Agenmes in investigations regarding criminal activity. As a benefit the City may share in proceeds from the illegal activities. This is the standard Federal Equitable Sharing Form. PROGRAM IMPACT: This revenue sharing agreement can help the Police Department receive unexpected funds from time to time. FISCAL IMPACT: With these funds the Police Department may purchase non-budgeted items in accordance with the Federal guidelines. Any shared asset shall be used for law enforcement purpose in accordance with the statutes and guidelines that govern equitable sharing, and as specified in the equitable sharing agreement. ALTERNATIVES: City Manager's Signature Police Department Name City Attor~ fF~nance / Human Resources S:XBULLETIN~ORMS~,AGENDA ITEM REQUEST FORM.DOC RESOLUTION R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A FEDERAL EQUITABLE SHARING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, DEPARTMENT OF TREASURY AND DEPARTMENT OF JUSTICE; AND PROVDING AN EFFECTIVE DATE. WHEREAS, the CITY works together with Federal Agencies in investigating criminal activity. As a benefit, the CITY may share in proceeds from the illegal activities, and; WHEREAS, this revenue sharing agreement will assist the City's Police >artment in purchasing non-budgeted items in accordance with the Federal guidelines; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor to execute a Federal Equitable Sharing Agreement between the City of Boynton Beach, Department of Treasury and Department of Justice, a copy of which Agreement is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this __. day of May, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) s:ca~esoWederal Equitable Sharing Agreement Commissioner "VALID THRU SEPTEMBER 30,, 2005" Federal Equitable Sharing Agreement Law Enforcement Agency: City ~ Police Department O Prosecutor's Office of Boynton Beach Police Department (~) Check if New Participant (~ Sheriff's Office/Department O Task Force~ (~) Other Contact Person: Michael L. Munro E.mail Address: Mailing Address: 100 E. BoynCon Beach Blvd. Boynton Beach (Street) (City) FL 33435 (State) (Zip Code) Telephone Number: ( 561 ) 742-6102 Fax Number: ( 561 ) 742-6t85 Agency Fiscal Year Ends on: Sept. 30, NClClORI/Tracking No.: FL0500300 (Month/Day) This Federal Equitable Sharing Agreement entered into among (l) the Federal Government, 12) the above-stated law enforcement agency, and (3) the governing body sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon the use of federally forfeited cash, property, proceeds, and any interest earned thereon, which are equitably-shared with participating law enforcement agencies. By their signatures, the parties agree that they will be bound by the statutes and guidelines that regulate share d assets and the following requirements for participation in the federal equitable sharing program. 1. Submission. The Federal Equitable Sharing Agreement and the Federal Annual Certification Report mustbe submitted to both the Department of Justice and the Department of the Treasury with a copy provided to the U.S. Attorney in the district in which the recipient law enforcement agency is located, in accordance with the instructions received from the respective departments or as outlined in their equitable sharing guidelines U.S. Department of Justice/ACA Program 10th and Constitution Avenues, NW Criminal Division/AFMLS Bond Building, Tenth Floor Washington, D.C. 20530 Fax: (202) 616-1344 Executive Office for Asset Forfeiture U.S. Department of the Treasury 740 15th Street, NW, Suite 700 Washington. D.C. 20220 E-mail address: treas.aca~teoaf.treas.gov Fax: (202) 622-9610 2. Signatories. This agreement must be signed by the head (or authorized representative) of the law enforcement agency and the head (or authorized representative) of the governing body. Receipt of the signed agreement is a prerequisite to receiving any equitab ly-shared cash, property, or pro ceeds. 3. Uses. Any shared asset shallbe used for law enforcement purposes in accordance with the statutes and guidelines that govern equitable sharing, and as specified in the equitable sharing request (either a DAG-7I or a TD F 92-22.46) submitted by the requesting agency. 4. Transfers. Before the undersigned [aw enforcement agency transfers cash, property, or proceeds to other law enfercement agencies, it must verify first that the receiving agency has a current and valid Federal Equitable Sharing Agreement on file with both the Department of Justice and the Department of the Treasury. If there is no agreement on file, the undersigned law enforcement agency must obtain one from the receiving agency, and forward it to the Department of Justice and the Department of the Treasury as in item 1. A list of recipients, their addresses, and the amount transferred must be attached to the Federal Annual Certification Report. Attach list of member agencies with their addresses and indicate lead agency. 5. Internal Controls. The parnes agree to account separately for federal equitable sharing funds received from the Department of Justice and the Department of the Treasury. Funds from state and local forfeitures and other sources must not be commingled with federal equitable sharing funds. The recipient agency shall establish a separate revenue account or accounting code for state, local, Department of Justice. and the Department of the Treasury forfeiture funds. Interest income generated must be accounted for in the appropriate federal forfeiture fund account. The parties agree that such accounting will be subject to the standard accounting requirements and practices employed for other such public monies as supplemented by reqmremenrs set forth in the current edition of the Department of Justice's A Guide to Equitable Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies (Justice Guide). and the Department of the Treasury's Guide to Equitable Sharing for Foreign Countries and Federal. State. and Local Law Enforcement Agencies rTreasury Guide). The accounting of shared funds must be submitted in the format shown on the Annual Certification Report cc ntained in both the Justice and Treasury Guides. The misuse or misapplication of shared resources or the supplantation of existing re sources with shared assets is prohibited. Failure to comply with any provision of this agreement shall subject the recipient agency ro the sancnons snpulated in the current edition of the Justice or Treasury Guides, depending on the source of the fund s or property. 6. Federal Annual Certification Report. The rempient agency shall submit an Annual Certification Report to the Department of Justice and the Department of the Treasury (at the addresses shown m item 1) and a copy to the U.S. Attorney in the district in which the recipient agency is located. The certification must be submitted in accordance with the instructions received from the respective departments or as outlined in the Justice or Treasury Guides. Receipt of'the certification report is a prerequisite to receiving any equitably-shared cash, property, or proceeds. 7. Audit Re port. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Circular A-133. The Department of Justice and the Department of the Treasury reserve the right to conduct periodic random audits. 8a. During the past 3 years, has your agency been found in violation of, or entered into a settlement agreement pursuant to, any nondiscrimination law in federal or state court, or before an administrative agency? C) Yes ~ No (If you answered yes, attach relevant information. See instructions.) 8b. Are there pending in a federal or state court, or before any federal or state administrative agency, proceedings against your agency alleging discrimination? C) Yes (~) No (If you answered yes, attach relevant information. See instructions.) The undersigned certify that the recipient agency is in compliance with the nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d etseq.), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 etseq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), and the Age Discriminahon Actof 1975 (42 U.S.C. § 6101 et seq.), which prohibit discrimination on the basis of race, color, national origin, disability, or age in any federally assisted program or activity, or on the basis of sex in any federally assisted education program or activity. Under penalty of perjury, the undersigned officials certify that the recipient state or local law enforcement agency is in compliance with the provisions of the Justice and/or Treasury Guides and the National Code of Professional Conduct for Asset Forfeiture. Marshall B. Gage Gerald Broening Name (Print or Type) Date Law Enforcem~.~gency Head or Authorized Representative ,~.~ (Signature) Name (Print or Type) Governing Body Head or Authorized Representative Date (Signature) Chief of Police Mayor Title (Print or Type) Title (Print or Type) This fcrm is subject to the Freedom of Information Act and may be released to requests under 5 U.S.C. § 552. Requested City Commission Meeting Dates [] March 19.2002 [] April 2, 2002 [] April 16.2002 [] May 7. 2002 VII.-CONSENT AGENDA ITEM C.4 CITY OF BOYNTON BEACH 'AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3.2002 (5:00 p.m.) April 17, 2002 (5:00 p.mA Requested CiD, Commission Meetinc, Dates [] May21. 2002 [] June 4, 2002 [] June 18.2002 [] July 2, 2002 Date Final Form Must be Turned in to City Clerk's Office May 8L 2002 (5:00 May 22. 2002 (5:00 p.m.) June 5. 2002 1'5:00 p.m.l June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM RECOMMENDATION: [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement [] City Manager's Report Development Plans New Bnsiness Legal Un.shed Business Presentation Motion to approve release of cash surety in the amount of $9,348 for the water and sanitary sewer systems project known as Manatee Bay. EXPLANATION: The amount being released represents the warranty surety for satisfactory performance of the project during its first year of operation. This Department has completed its final inspection, and verified that all portions of the water and sewer systems are operating satisfactorily. The surety may therefore be released. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. The City's Code allows for a one-year warranty p~riod. D~part~ent H$'ad's Signattire - City Manager's Signature UTILITIES Department Name · City Attor~dy / l~inance / H~-man Resources XC: Peter Mazzella (w/attachments) Barbara Conboy " Mary Munro, Finance Dept. " File " S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF CASH SURETY IN THE AMOUNT OF $9,348 FOR THE PROJECT KNOWN AS MANATEE BAY; AND PROVDING FOR AN EFFECTIVE DATE. WHEREAS, ORRC Encumbrance Corporation d/b/a Manatee Bay Apartments provided cash surety in the amount of $9,348 as surety for the water and sanitary sewer systems in the project known as Manatee Bay; and WHEREAS, the Utility Department has completed final inspection and verified that ; of the water and sewer systems are operating satisfactorily. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon the of staff, hereby approves the release of the cash surety in the amount of 348 to ORRC Encumbrance Corporation. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of May, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner 'EST: Commissioner Clerk :caLResokLerter of Credit/Cash Surety Release - Manatee Bay-ORRC Encumbrance Corp DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 9,348.00 To: ORRC ENCUMBRANCE CORP DBA Manatee Bay Apartments 7 Corporate Plaza Newport Beach, CA 92660 For: Full release of cash surer7 for the project known as Manatee Bay. Requested by Approvals: Peter Mazzella, Assistant to the Director DateMay 7, 2002 Dept. Head Finance Dept. City Manager 401 0000 220 99 00 9,348.00 $9,348.00 MEMORANDUM UTILITIES DEPARTMENT TO: Diane Reese, Finance Director FROM: ~,~ John A. Guidry, Utilities Director DATE: - ~--. ~ ~'0 2,00 f SUBJECT: Surety/Fee transmittal - /nT~ ~-/c~ /~,~,/ LETTER OF CREDIT: Bank - Check no. / o 9 ¢' 5/ ADMIN./INSPECTION FEE: Check no. SEWER TELEVISING FEE: (@ $1.75/L.F.) Check no. Based on L.F. Amount $ Amount Amount Water $ Amount Sewer $ Total $ Amount $~'~=' COST DOCUMENTATION: Engineer's Estimate Copy of Contract Other Please refer any questions on this matter to Peter Mazzella of this office. Attachment JAG/PVM be: Peter Mazzella xc: File C:'~O F FIC E~WPWI N~.WP DOC$'~AYJUN Eg~FEETRANS.WPD 0 o o 0 Item# T113R4 6/01 Requested City Commission Meetinq Dates [] March 19,2002 [] April 2, 2002 [] April 16,2002 [] May 7. 2002 VII.-CONSENT AGENDA ITEM C.5 CITY OF BOYNTON BEACH 'AGENDA ITEM REQUEST FORM Date Final Form Must be Turned m to Cit5 Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April !7, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21, 2002 [] June 4. 2002 [] June 18.2002 [] July2, 2002 Date Final Form Must be Turned in ro City Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative Consent Agenda [] Public Hearing [] Bids ] Announcement [] City Manager's Report [] Development Plans New Business [] Legal [] Unfimshed Busmess [] Presentation RECOMMENDATION: Motion to approve a Resolution amending the Fire Assessment Roll. EXPLANATION: By Ordinance 01-34, dated 7/11/01, amended by Ordinance 01-56 on 11/20/01 and Resolution R01-249, dated 11/6/01 a Fire Assessment was implemented in the City of Boynton Beach. An Initial Notice of the Fire Assessment ;vas sent to property owners within the City. Many property owners in the City did not respond with correction cards which were enclosed with the initial notice of the Fire Assessment. When these property owners received the actual bill from the City, several questioned their square footage, building type classification, number of buildings and number of units. City staff has reviewed the issues raised by several of these property owners, and confirmed the need to make minor adjustments to the roll. Since the City is billing locally this year, it has the oppommity to make changes to the roll where changes are warranted. Staff is prepared to respond to specific questions regarding line item adjustments. PROGRAXM IMPACT: Changes that are made now will save problems with the assessment roll for next year· Changes to the assessment roll based on competent and substantial evidence will help insure the equitable distribution of Fire Assessment costs to property owners. FISCAL IMPACT: The financial impact associated with these adjustments is - $37,924.00. ALTERNATIVES: To not approve the recommended changes; or to approve changes recommended by staff as well as those where property owners had disputes, but staff did not recommend a chan~e. · Department Head's gqgnature City Manager s Signature Department Name City Attorn~l Fina~5~ / Human Resources S:~BULLETIN~FORMSLAGENDA ITEM REQUEST FORM.DOC RESOLLrrION R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE FIRE ASSESSMENT ROLL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, correction/comment cards were mailed to property owners together with th initial notice of the Fire Assessment; and WHEREAS, some comments/questions were received from property owners, whict prompted the City to reevaluate the billings for the initial year, to ensure the equitable distributioi of Fire Assessment costs to property owners; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TH[ CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach hereby approves the amendment to the Fire Assessment Roll, as set forth on the attached report, and made a part Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of May, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ;T: Clerk Corporate Seal) :\CA\RESOXBBFD - Amendment to Fire Assessment Roll 042902.doc APPENDIX C REVISED IMPROVEMENT CODES APPENDIX C REVISED IMPROVEMENT CODES Code Description Cate~lory ~0 EFFICIENCY APARTMENT MULTI-FAMILY 101 RESIDENTIAL 1 FAMILY RESIDENTIAL 102 RESIDENTIAL 2 FAMILY MULTI-FAMILY 103 RESIDENTIAL 3 FAMILY MULTI-FAMILY 104 :[ESIDENTIAL 4 FAMILY MULTI-FAMILY 106 CONDO COMMON ELEMENT NOT USED 107 CONDO FEE SIMPLE MULTI-FAMILY 170 DORMITORY MULTI-FAMiLY ¥~n APARTMENTS LOW RISE MULTI-FAMILY :)30 APARTMENTS HIGH RISE MULTI-FAMILY 240 APARTMENTS - TOWNHOUSE MULTI-FAMILY 260 APARTMENTS - SENIOR MULTI-FAMILY 301 RES ON COMM LAND RESIDENTIAL 340 ' COMMERCIAL MIXED USE ' COMMERCIAL 350 RETAIL SINGLE OCCUP COMMERCIAL 35'1 DRUG STORE FREESTANDING COMMERCIAL 355 OFFICE CONDOMINIUM COMMERCIAL 356 ~ RETAIL CONDOMINIUM COMMERCIAL 360 ~DISCOUNT DEPT STORE COMMERCIAL 362 i~/ETERINARY CLINIC COMMERCIAL 364 i HOME IMPROVEMENT ,COMMERCIAL 365 'FURNITURE STORE COMMERCIAL 370 DEPARTMENT STORES COMMERCIAL 371 :DOWNTOWN ROW TYPE COMMERCIAL 374 RETAIL MULTI OCCUP COMMERCIAL COMMERCIAL 375 RETAIL DRIVE-UP 380 STRIP SHOPPING CNTR COMMERCIAL 390 COMM SHOPPING CENTER COMMERCIAL 392 LUMBER STORAGE : COMMERCIAL 395 TRUCK TERMINAL COMMERCIAL 400 , REGIONAL SHPMALL/CNT , COMMERCIAL COMMERCIAL 410 SUPER REG SHOPMALL ~ COMMERCIAL ~20 SUPERMARKET 430 CONVENIENCE FOOD MKT : COMMERCIAL 440 HOTEL/MOTEL BUSINESS COMMERCIAL 450 i RESORT HOTEL ! COMMERCIAL 460 'HOTEL/MOTEL LO RISE COMMERCIAL ~.70 HOTEL- HI RISE ' COMMERCIAL ~90 OFFICE BLDG L/R 1-4S ' COMMERCIAL 500 OFFICE H-R 5ST COMMERCIAL 'COMMERCIAL 320 MEDICAL OFFICE BLDG Hode [Description Cate~lor¥ 530 HOSPITALS INSTITUTIONAL 540 NURSING HOME NURSING HOMES 550 BAR/TAVERN COMMERCIAL 551 COCKTAIL LOUNGE COMMERCIAL 560 RESTAU RANT ~COMM ERClAL 570 FRANCHISE FOOD COMMERCIAL 580 BOWLING ALLEY COMMERCIAL 582 SKATING RINK COMMERCIAL 583 HEALTH CLUB COMMERCIAL 587 COUNTRY CLUB COMMERCIAL 589 COUNTRY CLUB/VV GOLF CRSE COMMERCIAL 590 ARENA COMMERCIAL 591 GYMNASIUM COMMERCIAL 592 STADIUM COMMERCIAL ' 593 DOG/HORSE TRACK COMMERCIAL 594 RACETRACK COMMERCIAL 600 AUDITORIUM COMMERCIAL 610 i CINEMAJTHEATER COMMERCIAL , 614 RADIO/TV/PIC STUDIO COMMERCIAL 615 LEGITIMATE THEATER COMMERCIAL 620 BANK/MAIN OFFICE COMMERCIAL 330 NEIGHBORHOOD BANK COMMERCIAL 340 SERVICE STATION NO BAYS COMMERCIAL 641 SERVICE STATION W/BAYS COMMERCIAL ~50 ~CAR WASH - AUTOMATIC COMMERCIAL 651 CAR WASH - MANUAL COMMERCIAL ~52 CAR WASH SERVICE STATION COMMERCIAL [660 AUTO SERVICE GARAGE COMMERCIAL 662 : KWIK LUBE COMMERCIAL 665 : GARAGE STORAGE NDUSTRIAL/WAREHOUSE 670 OFFICE/WAREHOUSE COMMERCIAL 680 i FUNERAL HOME ' COMMERCIAL 690 CLUBHOUSE ' COMMERCIAL 691 ' SOCIAL/FRATERNAL HALL INSTITUTIONAL 695 GUARDHOUSE NOT USED 700 COLD STORAGE iNDUSTRIAL/WAREHOUSE 71 0 RAIL/B US/AIR TERMINAL INDUSTRIAL/WAREHoUsE 712 : ' TELECOMMUNICATION EQUIPMENT INDUSTRIAL/WAREHoUsE 712 =TELEPHONE EQUIPMENT BLDG INDUSTRIAL/WAREHOUSE 715 FELE SRV GAR FAClL ~ NOT USED ' 720 =ARKING GARAGE/DECK NOT USED ; 721 ~,ADIO/TV TRANSMITTER BLD iNDUSTRIAL/WAREHOOSE 730 DAYCARE CENTER ' COMMERCIAL : ' 750 AUTO DEALER/F-SERVICE COMMERCIAL 800 LIGHT MANUFACTURING INDUSTRIAL/WAREHOUSE 810 ~EAVY MANUFACTURING INDUSTRIAL/WAREHOusE 820 WAREHOUSE DISTRIBUTION INDUSTRIAL/WAREHOUSE C-2 Code Description Cate~lory 830 MINI WAREHOUSE IN'DUSTRIALJWAREHOUSE 840 WAREHOUSE STORAGE INDUSTRIAL/WAREHOUSE 841 WAREHOUSE SINGLE TENANT NDUSTRIALNVAREHOUSE 850 HANGAR INDUSTRIAL/WAREHOUSE 860 BARNS NOT USED 861 RESIDENTIAL BARNS NOT USED 870 PREFAB WAREHOUSE NDUSTRIAI./WAREHOUSE ' ND USTRIAL/WAREHOUS E 880 TECHNICAL MANUFACTURING INSTITUTIONAL :900 : sCHOOL ' 901 ~COLLEGES / UNIVERSITY INSTITUTIONAL 910 RELIGIOUS INSTITUTIONAL 912 LIBRARY : INSTITUTIONAL 920 EDUCATION/RELIGIOUS INSTITUTIONAL 930 GOVERNMENTAL, : NSTTUTIONAL : 950 ~OLICE/FIRE STATIONS; INSTITUTIONAL 960 CORRECTIONAL INSTITUTIONAL 970 CULTURAL FACILITIES, INSTITUTIONAL : 3100 SFR ' 'RESIDENTIAL 'RESIDENTIAL ~ 310i iSFR HMSTD 3200 SFT-MFG ' RES' DENTIAL 0300 ' sFR-ZERO LOT ' RESIDENTAL ~ 0400i TvvNHsE'VILLA RESIDENTIAL ' , 0402 'DOCKUMINIUM ~ NOT USED 0410 ,TOWNHOUSE : ' RESIDENTIAL: 04120 ~' ' RESIDENTIAL TIMESHARE: )430 ZERO LOT LiNE , RESIDENTIAL :: 0440 CONDO : MULTI'FAMILY: ; RESIDENTIA,: ' 0500 ~EXC-ZERO LOT ~ L 05101 CO-OP ~ MULTI-FAMILY ,~ : 0600 : : ~ENTAL UNIT' ! ' RESIDENTIAL : ' 0700 EXC TVVHSENILLA RESIDENTIAL,' ' 'E RESIDENTIAL 0800 MOBILE HOM RESIDENTIAL 0801 MOBILE HOME-Hx 09% EXc_REsiDENT ,~ RESIDENTIAL ' ,: 9901 , EXC.RES HMSTD ; RESIDENTIAL 9909 EXC-LUX.RES : i RESIDENTIAL= ; 1000 CONDO L.RISE IS " MULTI'FAMILY ,MULTI-FAMILY 1100 CONDO H. R E "! IMULTI-FAMILY ~ : , 1700 DORMITORY : i ' ' MULTI-FAMILY , 2200 MFR LOW RISE ' MULTI-FAM LY ' MFR ROW HouSE ! : 2500 DUPLEX ~ ! MULTI-FAMILY ;2700 D :~ MULTI-FAMILY i 2701 DUPLEX HMST, 2800 TRIPLEX , i: i MULTI-FAMiLY 2900QUADRAPLEX : : ' ' v1ULTI-FAMiLY : 3500 HANG R ' ' : NOT USED ':' ' C-3 ZZ ©© oo oo oo FF ©© >~ O© 88 == == ~= == n~ ~ ~ ~o oo z zz oo oc oo oo oo ~ ~ oo .mm << ~ ~ ~ ~ mm mm mm m~ ~m O0 O0 ~ zzzz zz zz oo~ ;; ~> >> ©© >~ ~> >>~ g>~ ~ >> > >> >~ ~> oo ~ ~ ~ ~4 ~ << << << < << ZZ ~ >> >> ~ ~ ~ O© O0 O0 >> ~ ~ >> >> ~ g~ >> ~ >> ~ ~ >> O0 O0 O0 O0 O0 O0 O0 ~ ~ ~ ~ O0 O© O0 ~ >> >> oo~ ~ ~ ~ oo~ ~ oo ~ oo Z~ zz O0 O0 O0 O0 ~0 O0 OO OO O0 O0 O0 B~ ~ o ~ ........... ~oo~ ....... ~ooo~ ..... ~ ~ ...... ~ ~ ~ x~ ooooooooooo oo ooooooo ooo ooooo g ~ ~ ~ ~==~ = oooo ~ ~ ~ ~ ^ ^ ^ ^~ Requested City Commission Meeting Dates [] March 19.2002 [] April 2, 2002 [] April 16,2002 [] May 7, 2002 VII.-CONSENT AGENDA ITEH E,1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21, 2002 [] June4, 2002 [] June 18. 2002 [] July 2, 2002 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presemation [] City Manager's Report RECOMMENDATION: Please place this request on the May 21, 2002 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommends that the subject request be approved subject to staff comments, revisions to comments and new conditions to address needed project information (colors/samples), a phasing plan (on existing building renovations) to be approved by CRA prior to issuance of permits, future balcony seating, and traffic circulation. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-084. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: FIRST BAPTIST CHURCH (MSPM 01-021) Bradley Miller, AICP First Baptist Church of Boynton Beach 301 North Seacrest Boulevard Request for site plan approval to construct a two-story 31,192 square foot expansion the existing church facility for a total of 54,230 square feet on a 3.84-acre parcel. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES' N/A /w ,~ Planning an~lflEonihg Director ~SHARED\WPXPKqDJE( SAPlanning City Manager's Signature City Attorney / Finance / Human Resources 2TSLFirst Baptist Church of BBxMSPM 01-021XAgenda Request First Baptist MSPM 01-021 5-21-02.dot S:~BULLETINXFORMS~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO, PZ 02-084 SITE PLAN REVIEW STAFF REPORT COMMUNTIY REDEVELOPMENT AGENCY AND CITY COMMISSION May 6, 2002 DESCRIPTION OF PROJECT Project Name/No.: First Baptist Church / MSPM 01-021 Property Owner: First Baptist Church of Boynton Beach Agent: Bradley Miller, AICP of Miller Land Planning Consultants, Inc. Location: 301 North Seacrest Boulevard Land Use: Local Retail (LRC) / Low Density Residential (LDR) Zoning: Project size: Neighborhood Commercial (C-2) / Single-family Residential (R-l-A) Site Area: 3.84 acres / 167,193 square feet Lot Coverage: 34,863 square feet (20.9%) Existing building: 23,040 square feet Proposed expansion: 31,192 square feet Total building area: 54,230 square feet Adjacent Uses: North: South: (see Exhibit "A" - Location Map) __ Northwest 3rd Avenue right-of-way; farther north are single-family homes, zoned R-l-A; Boynton Beach Boulevard right-of-way, farther south is the United States Post Office, zoned C-2 and still farther south are single-family homes, zoned R-l-A; East: West: Seacrest Boulevard right-of-way; farther east commercial uses zoned C-3, and northeast, multi-family and single-family homes, zoned R-2; Northwest 1st Street right-of-way; farther west are commercial uses, zoned C-2 and northwest are developed single-family homes, zoned R-1-A. Proposal: Site Characteristics: The First Baptist Church proposes to construct a two-story 31,192 square foot expansion to the existing building church facility for a total of 54,230 square feet. Built in 1948, the church is located at the northwest corner of Boynton Beach Boulevard and-Seacrest Boulevard. The project intent is to raze one (1) commercial building (a structure on the subject property) in order to accommodate the proposed building and parking lot expansion. Following the expansion, the sanctuary of the "old" church will be converted into classroom space. The number of seats in the new sanctuary will total 600 seats. In addition, this request will be contingent upon the approval of a height exception (see Exhibit "C" - Conditions of Approval). Both the building addition and parking lot improvements will be developed in one phase. A church is a permitted use in both the R-1-A and C-2 zoning districts. The subject property is comprised of several lots assembled as one (1) parcel under sin{he ownership for a total of 3.84 acres. The parcel falls within two (2) zoning districts; northern half is zoned R-1-A and the southern half is zoned C-2. At one time, the 3~d Court Page 2 First Baptist Church - Site Plan Review Staff Report Memorandum No. PZ 02-084 Concurrency: a. Traffic- b. Drainage- Driveways: Parking Facility: right-of-way traversed through the interior of the subject parcel. The original abandonment process of this right-of-way began in 1994 when a three-hundred-seventy-four (374) foot segment of Northwest 3rd Court was abandoned per Resolution No. 94-53 and closed to Seacrest Boulevard. The 1999 request to abandon the remaining portion of the right-of-way for the anticipated expansion of the church ~s now complete. The site is bounded by Northwest 3rd Avenue to the north, Boynton Beach Boulevard to the south, Seacrest Boulevard to the east, and Northwest 1sT Street to the west. The project's Geotechnical report indicates that minimal fill will be required to bring the site up to grade. The Palm Beach County soil survey maps indicate that the site consists of Saint Lucie fine sand. This series is nearly level to sloping, excessively drained, deep, sand soil is on long, narrow dune-like coastal ridges and on isolated knolls. Below this is white sand that extends to a depth of 72 inches or more. The borings performed for this project revealed that the soils within the upper six (6) to ten (10) feet are in a loose state. Because of this, in order to properly prepare the foundation soils, some undercutting, and compaction will need to be accomplished prior to construction. The site currently contains a number of citrus, shade, and palm trees sprinkled throughout the site. The tree species are as follows: Silver Buttonwood, Crape Myrtle, Macademea, Mango, Queen Palm, Ficus, Mango, Citrus, Silver Oak, Stangler Fig, Black Olive, and Malaleuca. A traffic impact study for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division has determined that the project meets the Traffic Performance Standards of Palm Beach County. Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. Two (2) main points of access are proposed for this project. Each driveway will be 24 feet in width and used for ingress / egress. One point of access will be located along Seacrest Boulevard and the other will be located at Northwest 1st Street. Both are situated in a way that will allow for efficient movement of vehicles on and off the subject site. They are strategically aligned with proposed drive aisles that will lead directly to the building. The st Northwest 1 Street drive aisle terminates at the covered drop-off area. Both will have stdping and signage that is required for safety and functional purposes. The parking required for the proposed use is based on the ratio of one (1) space per four (4) seats in the auditorium. Since 600 seats are proposed, a total of 150 parking spaces will be required. The number of parking spaces provided equals 200. Stabilized sod may be substituted for up to fifty (50%) percent of the required parking spaces. One half of the number of required parking spaces equals 75 spaces, therefore, the remaining spaces may be unpaved. The applicant is proposing 119 "grass parking" spaces and 81 paved spaces. All parking spaces and paved drive aisles will comply with Chapter 2, Section 11.H. and with Chapter 23 of the Land Development Regulations. The paved spaces will be located closest to the building while the grass spaces will be along the perimeter of the site. All 90° parking spaces will be dimensioned nine (9) feet in width by 18 feet in length, except for the handicap spaces, which will be 12 feet in width (with 5 feet of striping) by 18 feet in length. All angled parking spaces will comply with the dimensions as required by the Boynton Page 3 First Baptist Church - Site Plan Review Staff Report Memorandum No. PZ 02-084 Landscaping: Building / Site: Beach Engineering Department Construction Standards & Details drawing. Drive aisles a proposed on the north and west sides of the building. Because the subject project is located within the boundaries of the Community Redevelopment Agency, the width of the vehicular back-up area behind the parking stalls may be reduced from 27 feet to 24 feet. As stated earlier, the subject site currently contains an array of existing shade, citrus, and palm trees. Only specimen trees, trees allowed under Chapter 7.5 of the Land Development Regulations, or trees not in the path of the proposed improvement will remain or be relocated to another area on-site. Most of the trees located in the swales of Northwest 1st Street and Northwest 3ra Avenue will be preserved. The proposed pervious or "green" area is 1.58 acres or 34.2% of the total site, North, south, east and west landscape buffers are provided as required by code. These buffers will be :seven (7) feet in width along all perimeters except where the existing building is to remain. The 12-foot high Crape Myrtle and Silve. r Buttonwood trees will remain along Boynton Beach Boulevard. No additional n Beach Boulevard in front of the existing building except for seven m trees. These palm trees are proposed in the only available perviou~ south of the existing two-stow building. However, Pygmy Date Palm trees and Dwarf Crown of Thorns are proposed at the southeast corner of the subject site (Boynton Beach Boulevard and Seacrest Boulevard). Four (4) Silver Buttonwood trees, Dwarf CroWn of ThOrns, and Redtip Cocoplum hedges will be located west of the proposed building expansion along Boynton Beach Boulevard. The west landscape buffer will contain six (6) Live Oak trees, a Sabal Palmetto palm tree, Redtip Cocoplum hedges, Mexican Bluebell, Variegated Ginger, and Wart Fern. The we~'~ vehicular entrance along Northwest 1st Street will have six (6) Royal Palm trees, four Purple Glow trees, Giant Liriope, and assorted annuals. The east landscape buffer along Seacrest Boulevard will have ten Silver Buttonwood trees, Liriope, Ixora Nora Grant, and Redtip Cocoplum. The vehicular entrance will contain Royal Palm trees, Ixora Nora Grant, Variegated Ginger, and Purple Glow trees. The north landscape buffer will have a continuous row of Redtip Cocoplum and Liriope, with clusters of Ixora Nora Grant. The landscape plan proposes to preserve the three (3) Macademea trees and to provide an additional 17 proposed Live Oak trees. There are 19 Pigeon Plum trees proposed throughout the parking lot areas. The front of the new church will have 11 Royal Palm trees. In all, the landscape type and quantity exceed the minimum code requirements. Building and site regulations will be fully met when staff comments are incorporat(~d into the permit drawings. The existing church and the proposed building expansion are two-stories in height. The first floor of the expansion area will contain the narthex and seating area for the main auditorium. The first floor will also contain bathrooms, crying rooms, bdde & groom rooms, machine rooms, and multi-purpose rooms. The second stow of the expansion area will be primarily open to the sanctuary below. Along the perimeter, the second stow floor area will consist of mechanical rooms, dressing rooms, storage rooms, and bathrooms. At this time, no seats are proposed on the second floor of the building expansion. In the future, the church may want to expand the seating to include the second floor but that proposal is not a part of this review and will be subject to separate site p'~ review and all applicable code requirements. Page 4 First Baptist Church - Site Plan Review Staff Report Memorandum No. PZ 02-084 Community Design: Signage: The building exceeds the maximum allowable height of the C-2 zoning district and the R-I-A zoning district. The maximum height allowed for new buildings in the C-2 zoning district is 25 feet and in the R-I-A zoning district, it is 30 feet. Therefore, this site plan is being reviewed concurrently with a request for a height exception (HTEX 02-001). Approval of this site plan is contingent upon the approval of the height exception (see Exhibit "C" - Conditions of Approval). According to the east elevation, the peak of the existing sloped roof is 29 feet - 4 inches in height. According to the south elevation, the majority of roofline of the existing church is 27 feet - 3 inches. The elevations show that the top of the parapet for the new expansion will be 28 feet and the top of the fascia will be 32 feet in height. The mid-point of the sloped roof for the expanded building will be 42 feet- 6 inches. The entry tower (unoccupied space) will contain decorative tinted window, which will allow for additional light. The top of the entry tower will stand 72 feet - 2 inches. Similar to the existing church, the proposed expansion will be two (2) stories high. The architectural style of the building addition will be different than the existing rod-bricked traditional / colonial style building. The proposed expansion will be a contemporary architectural style. The two architectural styles (traditional versus modern), as proposed are not fully compatible with each other. A common element between the two designs is the incorporation of bdck material into portions of the base of the building addition. In order to mitigate the incompatibility, the most southwestern portion of the existing church (as seen from Boynton Beach Boulevard when traveling eastward from the west) will be architecturally enhanced so that it matches the proposed building expansion. At this time however, no improvements are proposed to the exterior fa(;ade or roof of the existing church. Moro importantly, the south and east building fac.~,ades of the existing church will not receive any architectural treatments or enhancements. An important factor to consider is that the south and east elevations are the most prominent sides of the existing building because they are the most visible from Boynton Beach Boulevard and Seacrest Boulevard. Staff highly recommends that a phasing plan (to enhance the appearance of the existing building) be submitted and approved by staff prior to the issuance of a building permit of the building expansion (see Exhibit "C"- Conditions of Approval). The applicant intends to demolish the existing church steeple during the construction of the building expansion. The extedor walls of the building addition will be stucco and all new facades will have an abundant supply of gray tinted windows to allow for natural light. No specific paint manufacturer or colors were submitted to the City at this time. However, the colored renderings indicate that the majority of the main wall will be a light taupe color. The accent columns will be dark tan in color. The roof will be a standing-seam metal roof made by "Butler" and be "dusk blue" in color. No wall signs are proposed for the new building. The wall signage on the existing building along Boynton Beach Boulevard will remain. The freestanding sign currently located at the southeast corner of the site will be removed. Two (2) identical double-sided freestanding monument signs are proposed. These "identification signs" will be made of aluminum tube framing. The colors of the sign letters and sign face will match the colors of the building. Each sign face will be 13 square feet in aroa. The top of the sign plate will stand over eight (8) feet in height and the top of the structure will be 13 feet - 4 inches in height. The base of the monument sign will be five (5) feet in width. As required by code, they will be located at least 10 feet from the property line. Staff recommends that the site address be placed in a conspicuous location on the freestanding monument signs (see Exhibit "C" - Conditions of Approval). Page 5 First Baptist Church - Site Plan Review Staff Report Memorandum No. PZ 02-084 RECOMMENDATION: Staff recommends that this site plan request be approved contingent upon the approval of a concurrent request for a height exception and also subject to the comments included in Exhibit "C" Conditions of Approval, The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File S:LPIanning~SHARED\WP\PROJECTS~First Baptist Church of BBVvlSPM 01-02 l\Staff Report.doc Location Map First Baptist Church EXHIBIT "A" 800 0 800 1600 Feet I EXH!B! ! liB. FXHIBil EXHIBIT "B" EXHIBI' " , , rill lilt Jt j] jj j! jJ il ~J: ;h iii ],, :! I JJiti~ }'i ! ,, ,, ,, ,, i,, {,it Ii !' ilJ EXHIBIT "B" ', , .ii: ~ ' ,iii ~,~,, ,, j i illlri { ;"' "' , ..... ~× ... LJ{{{,jJJ. J{mJJJmJJJmJJJm ~ ii i I!t !Iii il I Ii lh:llll!l,l!ll!lllllll,.llJl.ld.lll EXHIBIT "C" Conditions of Approval Pro/ect name: First Baptist Church of Boynton Beach File number: MSPM 01-021 Reference: 2nd review plans identified as New Site Plan. File # MSPM 01-021 with a March 26, 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: 1. Design documents where underground water mains and hydrants are to be X provided, must demonstrate that they will be installed, completed, and in service prior to construction work per NFPA 1, (1997) Section 41-2.3.2. POLICE Comments: None X ENGINEERING DIVISION Comments: ~ 2. Provide written and graphic scale on Survey. X 3. At the time of permitting, provide design data for site drainage as X specified in the LDR, Chapter 4, Section 7.F. 1 and Chapter 6, Article IV, Section 5. Show rim and invert elevations for all manholes and catch basins. Show elevations for detention/retention areas. Indicate, by note, that storm water will be contained on site (LDR} Chapter 23, Article I~.F.). 4. At the time of permitting, provide an irrigation plan in conformance with X the LDR, Chapter 7.5, Article II, Section 5. 5. At the time of permitting, provide verification that Palm Beach County X COA 05/15/02 2 DEPARTMENTS INCLUDE REJECT will permit you to outfall into their storm water system. _ 6. Perm/ts from Palm Beach County and the Florida Department Of X Transportation will be required for the Seacrest Boulevard and Boynton Beach Boulevard driveways at the time of permitting. BUILDING DIVISION Comments: 7. Place a note on the elevation view drawings indicating that the wall X openings and wall construction comply with Table 600 of the 2001 edition of the Florida Building Code. 8. At time of permit review, provide a completed and executed City unity of X title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions of each property that is being unified is required to be submitted to process the form. The property owner that is identified on each deed shall match. 9. At time of permit review, submit for review an addressing plan for the X project. PARKS AND RECREATION Comments: 10. Show the location of any existing irrigation lines and include a note that X the contractor will be liable for any damage to any existing irrigation lines. In addition, if project proposes pavement on top of any existing irrigation lines, the contractor must encase such lines in PVC Schedule 40 sleeves to protect them from future damage. 11. Submit detailed irrigation plans for right-of-way landscape and site work X improvements during the construction document permitting stage, for review and approval by the Parks Department staff. Include on the plan location of any existing irrigation in the right-of-way. 12. Provide as-built plans showing locations of irrigation lines in the rights- X of-ways and median to the Parks Department at the close of the construction contract. FORESTER/ENVIRONMENTALIST Comments: 13. The landscape sheet L-1 indicates that thirty-four (34) trees will be X removed from the site. The applicant should indicate on the plans the newly planted trees that are replacements (separate symbol) for the COA 05/15/02 3 DEPARTMENTS INCLUDE REJECT removed trees. These trees should be in addition to the Landscape Code I required trees on the site. PLANNING AND ZONING Comments: 14. The subject property contains two- (2) future land use designations and X two (2) different zoning districts. The commercial future land use designation is Local Retail (LCR) and the commercial zoning district is Neighborhood Commercial (C2). In the tabular data, correctly identify the two future land use designations for the subject property as "LRC" (Local Retail Commercial) and "LDR" (Low Density Residential). Regarding the abutting properties, correctly identify their future land use designation from "GC" to "LRC" (Local Retail Commercial). 15. A request for a height exception has been submitted with this project. X Approval of the building addition is contingent upon the approval of the height exception (HTEX 02-001). 16. The west elevation should show the supporting columns of the covered X drop-off area. 17. The west elevation should show the "New Covered Walk". X 18. Include a color rendering of all elevations prior to the Community X Redevelopment Agency Board meeting (Chapter 4, Section 7.D.2.). 19. Submit a color sample/swatch of all major exterior finishes prior to the X City Commission meeting. Each sample and/or elevation shall include the manufacture's name and color code (Chapter 4, Section 7.D. 1.). 20. Place a note on a landscape plan indicating that mulch other than X Cypress shall be used and maintained for landscape purposes (Chapter 7.5, Article II, Section 5.C.8.). 21. All above ground mechanical equipment such as exterior utility boxes, X meters, and transformers shall be visually screened with appropriate landscaping/hedge material. (Chapter 9, Section 10.C.4.). The backflow preventer shall be painted to match the principle structure. 22. When counted, the number of seats in the auditorium equals 629. X Revised the floor plan so that only 600 seats are shown. 23. Staff recommends placing the site address in a conspicuous location on X the freestanding monument signs. 24. Staff recommends that a phasing plan, including a timeline, which COA 05/15/02 4 DEPARTMENTS INCLUDE REJECT enhances the architectural compatibility between the existing and proposed expansion be submitted and approved by the Director of Planning & Zoning, and approved by the Community Redevelopment Agency (CRA), prior to the issuance, of a building permit. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY CONDITIONS Comments: 25. No seating will be allowed on the 2nd floor unless the request is reviewed X and approved by the Community Redevelopment Agency (CRA). 26. Provide forced "right-tums out" at both access points. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 27. To be determined. [ I MWR/elj \\CH\MAIN\SHRDATA\Planning\SHARED\WP\PROJECTS\First Baptist Church of BB\NWSP 01-015\COA.doc PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA First Baptist Church Bradely D. Miller, AtCP / Miller Land Planning Consultants, Inc. 298 Pineapple Grove Way, Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 21, 2002 TYPE OF RELIEF SOUGHT: Major Site Plan Modification LOCATION OF PROPERTY: 301 North Seacrest Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boyntcn Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency, which Agency 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 headng 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". 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. 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\First Baptist Church of BB\MSPM 01-021\DO.doc Requested City Commission Meeting Dates [] March 19,2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 VII,-CONSENT AGENDA ITEM E.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned mro City Clerk's Office March 6, 2002 (5:00 p.m2 March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Reques~d City Commission Meeting Dates [] May 21,2002 [] June 4,2002 [] June 18, 2002 [] July2,2002 Date Final Form Must be Turned in to City Clerk's Office May 8.2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the May 21, 2002 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommends that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-087. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: FIRST BAPTIST CHURCH (HTEX 02-001) Bradley Miller, ALCP First Baptist Church of Boynton Beach 301 North Seacrest Boulevard Request for a height exception as deemed by the Land Development Regulations, Chapter 2, Zoning, Sec. 4.F. 1, to allow for an increase in the building height of a "place of assembly" to exceed the maximum height limit allowed within the R1A Single-Family Residential zoning district; and Request for a height exception as de£med by the Land Developmem Regulations, Chapter 2, Zoning, Sec. 4.F. 1, to allow a church spire to exceed the maximum height limits allowed within the R1A Single-Family Residential zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~/~/ N/A . D e v e ~:t~tr~en~D e~, h~e~t-D*nle ct or City Manager's Signature ~,, ~,,w ., Planningfi/j~ Zoning DireCtor City Attorney / Finance / Human Resources SSPlanning\SHARED\Wg~ROJECTS~First Baptist Church of BBLHTEX 02-001LA. genda Request First Baptist HTEX 02-001 .dot S:\BULLET1NZFORMS~AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 02- 087 STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY AND CITY COMMISSION May 8, 2002 Project Name/File No: Property Owner: Applicant/Agent: Location: Land Use: Zoning: Type of Use: Project Size: Adjacent Uses: First Baptist Church / HTEX 02-001 First Baptist Church First Baptist Church / Bradley Miller of Miller Land Planning Consultants, Inc. 301 North Seacrest Boulevard Local Retail (LRC) / Low Density Residential (LDR) Neighborhood Commercial (C-2) / Single-family Residential (R-l-A) House of Worship (church) Site area: 3.84 acres ! 167,193 square feet Existing building: 23,040 square feet Proposed expansion: 31,192 square feet Total building area: 54,230 square feet (See Exhibit "A"- Location Map) - North: Northwest 3rd Avenue right-of-way; farther north are single,family homes, zoned R-l-A; South: Boynton Beach Boulevard right-of-way, farther south is the United States Post Office, zoned C- 2 and still farther south are single-family homes, zoned R-l-A; East: Seacrest Boulevard right-of-way; farther east commercial uses, zoned C-3, and northeast are multi-family and single-family homes, zoned R-2; West: Northwest 1st Street right-of-way; farther west are commercial uses, zoned C-2 and northwest are developed single-family homes, zoned R-I-A. Request(s): Request a height exception as defined by the City's Land Development Regulations, Chapter 2, Zoning, Section 4. F.1, to allow for an increase in the building height for a place of assembly to exceed the maximum height limits allowed within the R-1-A Single-family Residential zoning district; and Request a height exception as defined by the City's Land Development Regulations, Chapter 2, Zoning, Section 4. F.1, to allow a church spire to exceed the maximum height limits allowed within the R-I-A Single-family Residential zoning district. BACKGROUND The First Baptist Church proposes to construct a two-story 31,192 square foot expansion to the existing Page 2 First Baptist Church Memorandum No. PZ 02-087 church facility for a total of 54,230 square feet. Built in 1948, the church is located at the northwest corner of Boynton Beach Boulevard and Seacrest Boulevard. The subject property is comprised of a number of lots assembled as one (1) parcel under single ownership for a total of 3.84 acres. The parcel falls within two (2) zoning districts; the northern half is zoned R-1-A and the southern half is zoned C-2. The project intent is to raze one (1) commercial building (a structure on the subject property) in order to accommodate the proposed building and parking lot expansion. Following the expansion, the sanctuary of the "old" church will be converted into classroom space. The number of seats in the new sanctuary will total 600 seats. Both the building addition and parking lot improvements will be developed in one phase. A church is a permitted use in both the R-1-A and C-2 zoning districts. The maximum allowed height in the C~2 zoning district is 25 feet. The maximum allowed height in the R-1-A zoning district is 30 feet. Since the majority of the subject property lies within the R-1-A zoning district, the maximum allowed height for this project will be based on the R-1-A zoning district (30 feet maximum). ANALYSIS On March 19, 2002, per Ordinance 02-010, the City Commission approved a new method for measuring building height. According to this new definition, building height is now measured (in feet) from the finished grade to the average height between eaves and the ridge of gable, hip, and gambrel roofs. According to the drawing for the proposed church, the top of the fascia (greater portion of the wall) will be 32 feet in height and the peak of the new sloped roof will be 55 feet in height. Prior to the code revision, the height of the proposed building expansion would have been measured from the peak of the sloped roof, or in this case at 55 feet. However, by the current definition, the proposed building height is measured from what the elevations identify ,.as the "mid point of the sloped roof", which will be forty-two (42) feet - two (2) inches. For this project, the proposed building height will exceed the R-1-A zoning district height by 12 feet - 6 inches. Under normal circumstances, staff would recommend denial of a project if it did not comply with the zoning regulations, such as exceeding the district's maximum allowable building height. However, on March 19, 2002, the City Commission also approved Ordinance 02-011, which modified Chapter 2, Section 4.F.2 (Height Exceptions). This new language in the code explicitly allows for places of assembly, such as churches, to be eligible for consideration for height exceptions. This is critical because it allows the project more flexibility on how it can meet height requirements by comparing it with a set of performance standards. The midpoint of the roof (the point at which the building height is now derived) will be 12 feet - 6 inches above the R-I-A zoning district's maximum allowed height but two (2) feet - 6 inches below the City's standard maximum allowable height (of 45 feet). Although the building height would exceed the R-1-A zoning district's maximum allowable building height, the greater portion of the project walls (or at the top of fascia) will be only two (2) feet above the zoning district's maximum allowed height. This characteristic is analyzed in depth due to the prominence of the proposed building sides.as being one of the more visible elements of the structure when viewed from ground level. Furthermore, the top of the fascia will be 13 feet below the City's standard maximum allowed height of 45 feet. Land Development Regulations, Chapter 2, Zoning, Section 4.F. 3, Height Limitations and Exceptions, states that in considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The proposed building expansion will be located near the center of the site, ,,which would minimize any adverse effect on existing or proposed land uses. The distance of the proposed ~uilding from adjacent uses to the west will be over 200 feet. According to the applicant, the proposed height is necessary in order to achieve the span and mass required for the proposed building expansion. The proposed height will not reduce light and air for the adjacent areas. The application represents the minimal necessary to achieve the design intent of the project, and is not considered to be excessive. Page 3 First Baptist Church Memorandum No. PZ 02-087 The top of the cross for the church spire will stand over 72 feet in height. A church spire, a popular characteristic of houses of worship, is eligible for a height exception as long as it complies with Chapter 2, Section 4.F.3. As stated earlier, the citywide maximum building height is 45 feet. The proposed spire will be 27 feet above the conventional citywide maximum allowable building height. The proposed building (and church spire)would be located near the center of the 3.84-acre site, over 200 feet away from the adjacent residential properties to the west. According to the applicant, the height of the church spire is to provide a proportionate identification feature unique to the church. As the height increases, the building and spire "step back" away from the property line. The top of the spire contains little mass relative to the lower, principal structure. This important characteristic of the spire will not cause light and/or air reduction in the adjacent areas and will not adversely influence living conditions in the immediate neighborhood. The First Baptist Church purchased the abutting lots in anticipation of these proposed site improvements. This project will not adversely affect the property values of the adjacent uses. It will enhance the neighborhood and surrounding area, and serve as a focal point for entry into the "Heart of Boynton" and the City's redevelopment and downtown areas. RECOMMENDATION Based on the analysis contained herein, staff recommends that this request for a height exception of 12 feet - 6 inches be approved for the standing seam metal style roof. Staff also recommends the approval of the 42- foot - 6 inch height exception for the church spire. No conditions of approval are recommended; however, any conditions of approval recommended by the Board or required by the City Commission will be placed in Exhibit Attachments MR:EJ S:\Planning\SHARED\WP\PROJECTS\First Baptist Ch~ ,ch of BB\HTEX 02-001\staff report.doc Location Map First Baptist Church EXHIBIT "A" 8OO 8OO 1600 Feet FXHIBII IlB It EXHIBIT "C" Conditions of Approval Project name: First Baptist Church File number: HTEX 02-001 Reference: Application received April 5, 2002 I DEPARTMENTS . INCLUDE ] REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X . ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:x, PIanningkSHARED\WP~PROJECTS~First Baptist Chm'ch of BBk[-rrEx 02-00l\COA.doc DEVELOPMENT ORDER OF THE cITy COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: First Baptist Church APPLICANT'S AGENT: Bradley D. Miller, AICP / Miller Land Planning Consultants, Inc. APPLICANT'S ADDRESS: 298 Pineapple Grove Way, Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 21,2002 TYPE OF RELIEF SOUGHT: Height Exception LOCATION OF PROPERTY: 301 North Seacrest Boulevard 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". 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. 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\First Baptist Church of BB\HTEX 02-001\DO.doc Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 VII.-CONSENT AGENDA ITEH F CITY OF BOYNTON BEACH 'AGENDA ITEM REQUEST FORM 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 March 6, 2002 (5:00 p.m.) [] May 21, 2002 May 8, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) [] June 4, 2002 May 22, 2002 (5:00 April 3, 2002 (5:00 p.m.) [] June 18, 2002 June 5, 2002 ~5:00 p.m.) April 17, 2002 (5:00 p.m.) [] July 2, 2002 June 19, 2002 (5:00 p.m./ NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion from the City Commission to approve a donation of $2,500 to the Boy Scouts of America from the forfeiture fund. EXPLANATION: We are required to place some forfeiture funds back into the community in either youth programs or anti-drug programs. This funding is in compliance with State guidelines. PROGRAM IMPACT: Gulfstream Council of the Boy Scouts of America will be able to meet their commitment for this fiscal year, and these Funds will assist Boy Scouts of America with their crime prevention and drag abuse prevention programs. FISCAL IMPACT: Funding this request will have no fiscal impact on our budget. Forfeiture account 691-5000-590-04-54 $2,500. ALTERNATIVES: Department Head s S~gnature ~ity Manager's Signature Police Department Name City Attorne~J ~ Fiiaance / Human Resources S:~3ULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC 0~ Z, i i CD Z On.' nO 0 0 9Z.Z.E;E~ 'ON Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2O02 [] April 16, 2002 [] May 7, 2002 VII.-CONSENT AGENDA ITeM G. CITY OF BOYNTON BEACI-I 'AGENDA ITEM REQUEST FORM Date Final Form Must be Turned ~n to Cit7 Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21. 2002 [] June 4, 2002 [] June 18, 2002 [] July 2, 2002 Date Final Form Mas~; be 'lamed ~n to CiW Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative .[] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Un£mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion from the City Commission to approve the donation of $5,000.00 to the Boynton Beach P.A.L. for the purchase of 5 iMac computers. EXPLANATION: The Boynton Beach P.A.L. has requested assistance in supplementing their grant award from the Community Foundation. The request is for 5 Apple Macintosh iMac G3 desktop computers. The computers can be purchased from CompUSA in West Pall Beach. Please see the Grantee Profile attached. PROGRAM IMPACT: The fimds will assist Boynton Beach PAL with their crime prevention and drug abuse education prevention programs. FISCAL IMPACT: Funding this request will have no fiscal impact on our budget. Forfeiture account 691-5000-590-04-54 $5,000.00 ALTERNATIVES: Department Head's Signature ~ - ' ~ity Manager's Signature Police Department Name f ' City'Attorn~ / ~ina-nce / Human Resources S:kBULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC 4742 Hollv Lake Drive Lake Worth, FL 33463 March 18, 2002 Chief Marshall B. Gage Boynton Beach Police Department 100 E. Bo3mton Beach Blvd. Boymon Beach, FL 33435 Dear Chief Gage, Much has happened since we last spoke about the PAL Press Corps program. I wanted to use this letter as an oppommity to tell you about the wonderful things that are going on. There were four students that were involved in the pilot season. These Press Corps members worked tirelessly to document the 2001 Bulldog's football season and really enjoyed the opportunity to travel along with the teams. Each coach was given a free copy of each game. We made a video yearbook of the season that was screened at the PAL Football Awards Ceremony and it was received with great success. Presently, we're preparing to document the PAL state basketball championships. We will be taping all the championship games taking place on the last day of the tournament and we plan to sell copies of the games to raise funds for the program. We are also in the process of planning a summer video camp. The tentative dates for the program are June 24th -July l0th. I'm happy to report that recently the Boynton Beach Police Athletic League was awarded a grant for $13,000 from the Community Foundation. The grant will be used to purchase the bulk of the equipment that we discussed this past summer, with the exception of the five iMac computers you agreed to purchase. The Community Foundation was very impressed with the program and selected it to be profiled in their spring 2002 newsletter. I have enclosed a draft of the article that will appear in the newsletter. I hope all is well with you and I thank you for giving me the opportunity to work with the Boynton Beach PAL program. Sincerely, Tykisha Grant Grantee profile. Spring 2002 Newsletter Draft # 2 -- 3/13/02 TYKISHA -- WHEN IS THE PAL BASKETBALL TOURNAMENT TAKING PLACE? The tournament will take place on March 22, 23, and 24, 2002 in gym's located all around palm beach county one of which is Congress Middle school's gym. This is great. You may want to add that the First Baptist Church of Boynton Beach which is located on Seacrest Blvd in east Boynton has agreed to give us the use of a room at their church and Syd Snyder. Communi .ty Relations coordinator for Adelphia Cable will give us some airtime. GRANTEE PROFILE Students Learn Video Skills through PAL Program The next generation of ESPN sports anchors and producers might already be in training with the Boynton Beach Police Athletic League (PAL). With the help of a $13,000 grant made from the Marie Graber Martens Fund and the Cardinals-Expos Fund of the Community Foundation, the Boynton Beach PAL is supporting a project that's giving middle school students an opportunity to create video productions featuring PAL football and basketball leagues. Tykisha Grant, the media specialist at Congress Middle School, conceived the idea. As the faculty member responsible for student-produced morning news programs, Grant observed "how excited and motivated the students get when they're involved in a video production -- either on the air or behind the scenes." She also noticed the tremendous enthusiasm demonstrated by kids and parents involved in the PAL's sports programs and was inspired to bring the two worlds together. With the Police Athletic League's blessing, Grant sent teams of students -- dubbed the "PAL Press Corps" -- to last fall's PA[ football games to shoot videotape of the players and cheerleaders. At the end of the season, they produced a "video yearbook" that was screened at the PAL football banquet. "The kids in the athletic programs work really hard. They practice every day. I wanted to capture that -- to keep a record of these kids' achievements," Grant explains. "At the same time,. I saw an opportunity to teach really important skills that are required to put together a finished video production. I thought it would be a great opportunity for our students to have fun and look at sports from another perspective -- and also to give kids who aren't athletically inc lined a chance to be involved in that whole community." Grant began the PAL program using a camcorder donated by PAL and the TV production facilities at her school. The Community Foundation grant will enable her to purchase four new camcorders and accessories so that more students can cover more events. This spring, the Press Corps was gearing up to chronicle the state PAL basketball tournament, which was sc heduled to take place at Congress Middle School. As time goes on, Grant says, she hopes to link the students with churches and other nonprofit organizations that would like to capture their community projects on video. "This program teaches writing, thinking, and technology skills," Grant notes. "It also gives students a chance to learn teamwork and project management. My goal is to have 15 kids in the program in five groups of three -- their own production unit. "This program is giving kids exposure to a medium that allows them to express themselves in any way they want," she continues. "I hope we can have a little mini- ESPN here that gives kids a chance to have real-life work experiences that are fun and based on something they like to do." Prestinari, Jim Page I of ~ From: Tykisha Grant [grantt@MaiI.PalmBeach.K12.FL.US] 'nt: Wednesday, April 24, 2002 10:29 AM , o: Prestinari, Jim Subject: RE: I-Macs Hi Jim, Of the three imac specs you've sent, I would select the 8492 description which comes with the following features 600mhz, 40gb hard drive, airport ready, and graphite color. However, if going with this model instead of the snow colored machine makes a difference in the number of machines you are able to purchase, I woutd just as soon go with the snow colored machine. Many Thanks. Kisha ..... Original Message ..... From: Prestinari, Jim [mailto:Prestinari.~@ci.boynton-beach.fl.us] Sent: Tuesday, April 23, 2002 9:29 AM To: Tykisha Grant Subject: I-Macs Tykisha, I have attached three descriptions of Apple I-Macs for your review. Let me know what you think. 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Home I Ad Specials I Locations Guides Shops [ Support All Categories i Careers ' Site Map Have questions about an online order? Call 1-800-653-3831 http://ww w. comp u s a. c o m/pro duc ts/produc ts. asp ?src h_type=c atg 2 & c ate g ory_i d=301 4/15/2002 Requested City Commission Meeting Dares [] March 19, 2002 [] Apdl 2, 2002 [] April 16, 2002 [] May 7, 2002 VII.-CONSENT AGENDA CITY OF BOYNTON BEACH E.H H. AGENDA ITEM QUEST Date Final Form Must be Turned ~n ro City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Comm~ssmn Meetin~ Dates [] May 2l, 2002 [] June 4, 2002 [] June 18, 2002 [] July 2, 2002 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Bus.ess [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to inform Commission that there were no purchases over $10,000 to report for the month of April 2002. EXPLANATION: Per Ordinance, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorize to execute a purchase order on behalf of the city for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager". PROGRAM IMPACT: The new Ordinance has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, Assistant City Manager, and City Manager. FISCAL IMPACT: The change in Ordinance approved by Commission provides the impact of reducing paperwork by streamlining processes within the organization as defined in our City's Strategic Business Focus. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be made. ALTERNATIVES: Revert back to the procedure prior to Ordinance changf_. ] - Deputy Director of Financial Services Ci~'Manager s Signature Procurement Services ~~ Department Name City Attorney / Finance / Human Resources S:SBULLETIN\FORMSXAGENDA ITEM REQUEST FORM.DOC Requested City Commission Meeting Dates [] March 19.2002 [] April 2. 2002 [] April 16, 2002 [] May 7, 2002 NATURE OF AGENDA ITEM VII.-CONSENT AGENDA CITY OF BOYNTON BEACh ITEM I. AGENDA ITEM REQUEST FORM Date Final Form Must be Tumed in to City Clerk's Office March 6. 2002 (5:00 p.m.J March 20. 2002 {5:00 p.m.) April 3, 2002 (5:00 p.m.~ April 17.2002 (5:00 p.m.) Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] May 21. 2002 May 8, 2002 (5:00 p.m.) [] June 4. 2002 May 22. 2002 (5:00 p.m.~ [] June 18.2002 June 5, 2002 (5:00 p.m.l ~-. [] July 2.2002 June 19. 2002 f5:00 p.m._4~.. [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal ~-. [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Recommend that Commission approve the petition by Barry A Mazer, representing AAAA Limousine Inc., for a certificate of Public Convenience and Necessity. A notarized application has been attached for Commission review, which will enable this limousine service to establish its business offices and provide services within Boynton Beach City limits. EXPLANATION: This is an existing business relocating into the City limits. PROGRAM IMPACT: N/A FISCAL IMPACT: Increased occupational license revenues of $125 annually. ALTERNATIVES: To deny the peti~~of Public Convenience and Necessi~ty/ Quintus G~'[,~ire~t~r'~f Development --' Cit-] Manager s Signature Jose~al License Manager / City Attorney / Finance / Human Resources S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC EKPERIRNCE OF APPLICART IN THE TRARS~ORTATION OF PASSENGERS; ANY FACTS WHICH THE APPLICANT BELIEVES TEND TO PROVE THAT PUBLIC CONVENIENCE AND NECESSITY REQUIR~ THE GKANTING OF A CERTIFICATE; THE TOTAL NUMBER OF VEHICLES TO B~ OPE~TED OR CONTROLLED ~Y TIlE APP~IC~T~ THE NUMBER OF VEHICLES TO BE OPERATED BY THE APPLICANT IN THE CITY OF BOYXTON BEACH: NAME OF INSURANCE C~2{RIER [ATTACH CERTIFICAT~ OF INSURARCE MADE .OUT TO THE CITY OF BOY]qTON BRACH} AMouH~ o~ INSU,~ANcE: $ i,OOO jOi90.00 PER SECTION 24-10 OF THE BOYNTON BEACH COD~ OF ORDINANCES, ATTACH COPIES OF A&L CONTRACTS, AGREEMENTS, ARRANGEMENTS, MEMORANDA, OR OTHER WRITINGS RELATING TO THE FURNISHING OF TAXICAB SERVICE TO ANY HOTEL, THEATER, HALL, PUBLIC RESORT, RAILWAY STATION OR OTHER PLACE OF PUBLIC GATHERING, WHETHER SUCX ARRANGEMENT IS MADE WITH THE HOLDER OR ANY CORPORATION, FIRM OR ASSOCIATION WITH ~]ICH THE HOLDER MAY BE INTERESTED O~ CONNECTED. LIST OF ATTACHMENTS: STATE OF FLORIDA, COUNTY OF ~ALM B~CN The fore~n~ instrume.~ was acknowled~gl~efor~35~ this ~[ Z/a~ pers6na~%¥ known to me or who has produced i~en~i~iea~ion) as identifica%ion and who d£a (~id not) tak~ an o~h. {.SEAL) S$gna~ure of person takin~ aognowledgement Name of offiuer =akinq ac~nowled~ement-~uyPed~ri~ted or a:amped Title or rank Serial n~ber, ~f any ,,,~v'~;~!~. ~ar~K.$omersteln \/ · j,~ qy CO~lSSIONsep~ember ~ CC84162627, 2005 EXPIRES bh - 2 / 9 2 ~ ~'., BONDED m~ T~OY ~AIN tNSURANCE {NC AP~-30-02 06:$9PM FRO~ T-016 P.02/03 F'137 ~ 15 HZG~NAY ONE KG 561 ~41 288~ A ~IES ~ L~SXNE INC. BOYNTO~ ~, ~. 33426 C 0 ~ ~LF 0003123/000 4/9/02 4/9/03 000 ~$: ~ ~E; ~1,000 D~DDCTIBLK C~P~H~SI~ & COLLISION 2002 FORD EXCURSION ~1~U40S32~53408 BOYNTON B~CH, ~. 33426 Requested City Commission Meeting Dates ["- Marcl~ 19, 2002 [] April 2, 2OO2 [] April 16. 2002 [] May7. 2002 VII.-CONSENT AGENDA ITEM J. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.~ March 20, 2002 (5:00 p.m.) April 3. 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates May21,2002 [] June 4, 2002 [] June 18,2002 [] July 2, 2002 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.~ May 22, 2002 (5:00 p.m.) June 5. 2002 (5:00 p.m.) June 19, 2002 (5:00 p.mo NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement [] City Manager's Report [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation RECOMMENDATION: Approve by motion proposed Community Investment Funds EXPLA~NATION: Pursuant to resolution, the City Commission may authorize Commission members use of Community Investment Funds. The following is a list of proposed activities as suggested by Commissioner Ferguson and Commissioner Fisher, along with an estimated cost of each: Commissioner Femuson: $5,000 to the YMCA for their Partners w/Youth Program $4,000 to the Community Caring Center of Boynton Beach, Inc, Commissioner Fisher: $1,500 to the YMCA for their Spring Fling Program, which will provide 100 scholarship to Boynton Beach children for swimming lessons. PROGRAM IMPACT: FISCAL IMPACT: Funds are included in the current budget for these purposes. ALTERNATIVES: Do not approve all or part of the above requests. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S 2BULLETINWORMSLatGENDA ITEM REQUEST FORM.DOC Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16,2002 [] May 7, 2002 CITY OF BOSTON BEACH -AGENDA ITEM ~QUEST FORM Date Final Form Must be Turned in to CiW Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21, 2002 [] June 4, 2002 [] June 18, 2002 [] luly 2, 2002 VIII, - CITY MANAGER'S REPORT ITEM A Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A brief presentation will be made by Assistant City Manager Dale Sugerman on the May 2002 Water, Wastewater and Stormwater Rate Study. EXPLANATION: A new Water, Wastewater and Stormwater Rate Study has been completed by the City's Consulting Engineer's Camp Dresser & McKee, Inc. During the City Manager's Report section of the agenda, Mr. Sugerman will give a brief overview of the results of the rate study. (A copy of the Summary & Recommendation sheet from the Report is attached hereto). PROGRAM IMPACT: While there is no general increase in the water, wastewater or stormwater rates, the rate study makes a number of recommendations on how the rates could be structured differently to be responsive to conservation needs, as well as insuring that the Utility recovers the costs associated with providing various services. FISCAL IMPACT: The modifications to the structure of the water utility rate table was designed to be revenue neutral. However, the proposed modifications to the rate structure will result in customers that use less water seeing a slight decrease in their overall monthly bill. Customers who use large/ S :~BULLET1N~ORMSXa~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM excessive amounts of water will see their monthly bill increase if they continue to have excessive usage. The Report outlines 3 alternative water rate structures [Table 6-1], so the City Commission will need to determine where the "line is drawn" for determining when monthly usage become "excessive". In addition to the modifications in the rate tables, there are some adjustments (both upward and downward) in various ancillary fees and charges. Details of these changes in rates and fees are contained within the body of the full report. ALTERNATIVES: 1) 2) 3) Pick one of the three alternative rate structures and put them in place with the new budget year (October 1,2002). Modify the proposed three alternative rate structures with different thresholds and/or charges for services. Leave all of the rates, rate structures and charges for service exactly where they are currently. Department Head's Si~hature City Manager's Signature Utilities Department Depmmient Name City Attorney / Finance / Human Resources cc: Members of the Water Resources Leadership Team S:~BULLETINn, FORMS~s,GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH OFFICE OF THE ASSISTANT CITY MANAGER INTER-DEPARTMENTAL CORRESPONDENCE DATE: May 7, 2002 TO: Kurt Bressner, City Manager FROM: Dale S. Sugerman, Assistant City Manager SUBJECT: Water, Wastewater and Stormwater Rate Study Attached you will find copies of the recently completed Water, Wastewater and Stormwater Rate Study. This study was undertaken at the request of the City Commission in order to insure that we are able to maintain the financial integrity of the entire Utility System for the City of Boynton Beach. While the study was prepared by our consulting engineering firm Camp Dresser & McKee, Inc., it was the members of the Water Resources Leadership Team who contributed to the successful completion of this body of work. They spent many long hours bringing the details of this report together, and I am very thankful and grateful for all of the hard work they have put into this effort. HIGHLIGHTS OF THE REPORT There are a number of items that I would like to highlight for you from this report: There are no overall rate increases for any of the three utility systems being recommended or suggested as part of this study. There are some fee increases and fee decreases being recommended for ancillary services. There is, however, a recommendation for structural modifications~-to the existing water rate chart to both encourage conservation and to be immediately responsive to future drought restrictions imposed by the South Florida Water Management District. Modifications include: a) b) c) Elimination of the 3000-gallon'minimum usage charge included in the monthly base customer charge. A reduction in the number of commodity blocks from eight down to three. A modification in the relative differentials among the commodity blocks. A thorough analysis of our Capital Facilities Charges (Cap Fees) and ancillary charges. The analysis includes: a) b) An historical/legal review of the appropriateness of Cap Fees. [Section 3.2.1]. A comparison of our Cap Fees to those of similarly situated utility systems. [Tables 3-1A and 3-1B]. c) d) e) g) h) An outiine of alternatives to charging Cap Fees. [Section 3.2.3]. A suggested payment plan for Cap Fees by new businesses willing to locate within the City's Redevelopment Area. [Section 3.2.4]. ' An update in the Fee-In-Lieu-Of Stormwater Charge. (It is recommended that the charge be adjusted from $2.10 per impervious square foot for quality charges to $2.05 per impervious square foot; and remain at $0.18 per impervious square foOt for quantity charges). [Section 3.2.5]. An outline of the potentia! increase in the Cap Fees if the City decides (or is forced) to go to deep well sources of water (Floridan Aquifer). [See Table 3- 4A for an outline of these potential costs]. An alternative Cap Fee structure for nonresidential customers. [See Section 3.2.8 and Table 3-5]. An all of the ancillary charges the charges be time. [See Table Section th detailin years. future expansion of the water dealing with the h would direct your ~ how the present rates are if or at least the next 5 .2) dealing with the portion of this section source of raw water. I It is being strongly recommended that the City Commission adopt a Flow of Funds Statement for the accounting of all Utility revenues and expenditures. Section 4.6 provides details on this conCept. It is our plan to include a Flow of Funds Statement in the next rate ordinance to be forwarded to the City Commission. Table 5-10 gives a complete overview of the combined sys~tem revenues, eXPenditures and cash flows at the prevailing rates (meaning. no r,~t~ increases). As can be seen from this Table, the system m~intains a positive balance through the year 2006, and also maintains a cur~ulative SUrPlus of approximately one half million dollars. Table 6-1 outlines three alternative rate modifications compared to the way we currently charge our customers. All three rate modification alternatives: a) Eliminate the 3000 gallons included in the base customer charge. b) Reduce the base customer charge from $6.65 per month to $4.00 per month. c) Reduce the number of rate blocks from eight down to three. Each of the three alternatives has a different cut-off point for imposing the highest commodity rate. The highest commodity rate block proposed in each of the three alternatives would serve the purpose of imposing a ~conservation rate". Those alternatives are: Alternative 1 has'its highest rate starting at 50,000 gallons per month. Alternative 2 has its highest rate starting at 35,000 gallons per month. Alternative 3 has its highest rate starting at 30,000 gallons per month. The Water Resources Leadership Team has a strong belief that the highest rate block should begin at the 30,000 gallons per month level. Of course, this is a decision that will have to be made by the City Commission. Table 6-2 provides for a drought rate schedule. We are recommending that the City Commission adopt an automatic modification to the rates in the event the South Florida Water Management District imposes drought restrictions on our Utility System. Such an ordinance will be required as a condition of the District's Water Use Permit when it is issued to the City. Appendix A gives a detailed analysis behind the development of the Ancillary Charges. Appendix B provides a number of actual examples, both residential and commercial, of the impacts of the alternative rate structures outlined in Table 6-1. This completes the overview and highlights of the attached Rate Study. This matter has been scheduled for consideration by the City Commission for their May 21st meeting. I, along with all of the members of the Water Resources Leadership Team, will be in attendance at the meeting to make a brief presentation and to answer any questions you or members of the City Commission might have on this matter. Dale S. SUgerman Assistant City Manager CC: Members of the Water Resources Leadership Team Diane Reese, Finance Director Janet Prainito, City Clerk Boynton Beach Public Library City of Boynton Beach, Florida Water, Wastewater and-Stormwater Rate Study May 2002 FinalReport Final Report for City of Boynton Beach, Florida Water, Wastewater and Stormwater Rate Study May2002 Camp Dresser & McKee Inc. 1601 Belvedere Road, Suite 211 South West Palm Beach, Florida 33406 CDM Project No. 6276-34261 Section 7 Summary and Recommendations 7.1 Summary Section I of this report is the introduction, presenting the scope of work for the study, the outline of the report, and the prevailing rates, fees and charges. Section 2 projects the growth of the utility system. Based on information furnished by the City, the population growth projection rate of approximately two percent annually taken from the 1998 consumptive use permit is reasonable for application to the water and wastewater system. Because the stormwater system serves only customers within the municipal limits, and the growth rate within the City is less than outside the City, an annual growth rate of approximately one percent is used for the customer base of this system. In addition, City staff has provided a disaggregation of demand by thousand gallon increments separately for residential and commercial customer classes, which are presented. Section 3 of this report accomplishes several tasks. Initially, the basis for developing and levying capital facilities charges is described. An alternative for installment payments of capital facilities charges is developed. Next, the two components of a fee-in-lieu-of charge to recover capital costs associated with the stormwater system are updated. Both components are designed to recover costs by a charge per square foot of impervious area. One component relates to water quality improvements, with a charge of $2.05 per square foot to be levied only within the downtown water quality improvement area. The other component relates to water quantity, and the $0.18 per square foot charge has been updated for levy throughout the downtown watershed. The prevailing water system capital facilities charge is reviewed and compared with the current estimated cost. Two cases for future costs are considered, one with surficial aquifer supply and treatment, the other with Floridan Aquifer supply and treatment. The prevailing water system capital cost facilities charge fails between these two cases. The prevailing wastewater system capital facilities charge appears reasonable considering the limited level of capacity expansion related to this system. Various ancillary charges for miscellaneous services are developed and updated in Section 3 also. Appendix A provides the detailed cost of service analysis for these ancillary charges. Revenue requirements of the stormwater, water and wastewater systems are developed separately in Section 4. Revenue requirements comprise operating expenses, debt service on outstanding revenue bond indebtedness, debt service on prospective additional debt, renewal and replacement requirements, minor capital outtavs, and capital improvements. The City has significant reserves of funds on hand'that are available to finance capital improvements, and these monies are applied to the extent allowed by policy guidelines to minimize the requirements for additional debt and hence additional debt service. Three new tables have been developed to show the flow of funds for the Revenue Account, the Rate Stabilization Account, and 7-1 S:\6276~-34261-010 FinaJ Repor'N:~6833 Section 7.doc 5/1102 Section 7 Summary and Recommendations the capital facilities charges funds. The $24 million balance currently in the Revenue Account is projected as adequate to ftmd a 12 month working capital reserve plus transfer $5 million to the Rate Stabilization Account. Section 5 of this report projects revenues at prevailing rates separately for each of the three systems. Net revenues, cash flows, and annual surpluses/deficits are also projected for each system, and on a combined basis. The result of these projections is to demonstrate that no adjustment to rates would be required for the water system to be self-sustaining dtuing the rate study period if transfers in from the Rate Stabilization Account are made as projected. With respect to the wastewater and stormwater systems, no adjustments should be required during the study period. Section 6 enumerates three water rate alternative structures. All three eliminate the 3,000 gallon allowance from the minimum monthly charge. Also, the number of tiers in the inclining block structure is reduced to three. The volume charges in Alternative 1 have been computed so as to achieve revenue neutrality overall. For Alternative 2, the monthly usage value at which the highest tier column charge becomes effective is reduced from 50,001 gallons to 35,001 gallons. This charge results in an overall increase in calculated water system revenues of 2.9 percent; however, with price elasticity of demand, there may be little if any actual increases in revenues. For Alternative 3, the monthly usage value at which the highest tier volume charge becomes effective is reduced from 35,001 gallons to 30,001 gallons. This charge results in an overall increase in revenues in calculated water system revenues of 3.8 percent. Again, however, such an increase may not materialize due to a reduction in usage from price elasticity of demand. 7.2 Recommendations Based on the analyses performed as part of this Water, Wastewater and Stormwater Rate Study, we have several recommendations. These recommendations are set forth below. We recommend that the City update its two-component fee-in-lieu of capital charge system for the recovery of costs associated with the downtown stormwater improvements. Both one-time charges are recommended to be updated. A water quality component of $2.05 per square foot is calculated for application within the downtown water quality improvement area. A water quantity component of $0.18 per square foot is calculated for application throughout the downtown watershed area. We recommend that the City continue to impose capital facilities charges on new connections to the water and wastewater systems. Because the water system cost could be greater or lesser than the prevailing water system capital facilities charge, depending upon the future source of water supply, we recommend the City continue with the prevailing charge until the source of supply is better defined. 5/1102 7'2 Section 7 Summary and Recommendations With respect to the monthly water rates, we recommend that the City adopt an alternative structure to both simplify the volume blocks and foster water conservation. Also, any additional revenues generated from these conservation charges should be earmarked for deposit to a Conservation Fund. We also recommend that the volume charge for all irrigation meters be set at the highest tier rates to foster conservation. We also recommend that the City adopt a system of drought surcharges using the Delray Beach model. The percentage of usage reduction would be applied as a surcharge to all volume charges. Concerning the wastewater system and the stormwater system, we do not recommend any adjustments to the monthly utility rates at this time. S:~6276~-34261-0t0 Fina~ Reocm'~bs6833 Section 7.dec 5/1/02 7-3 Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16,2002 [] May 7, 2002 VIII.-CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM B. AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May2l, 2002 [] June4, 2002 [] June 18,2002 [] July 2,2002 Date Final Form Must be Turned in to Cit~ Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Developmem Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcemem [] Presentation [] City Manager's Report RECOMMENDATION: Staffhas recommended continued maintenance of all canals in the two subdivisions, contingent on appropriate canal maintenance and easements between the City and property owners. EXPLANATION: Staff prepared a report to summarize their findings, offer options, and set forth a recommendation regarding aquatic weed control maintenance in Lake Eden and Lake View Haven. See attached Report dated April 30, 2002. PROGILM~I IMPACT: See Report. FISCAL IMPACT: ALTERNATIVES: -" ' ) ?, r '. ' Department 3Ibad's Signature Cie/Attorney Department Name City Manager's 'Signature City Attt~ey~/Finance / Human Resources S:xJ3ULLETINLFORMSLhGENDA ITEM REQUEST FORM.DOC MEMORANDUM TO: FROM: DATED: RE: Mayor and City Co, rnmission r ' Kurt B essner, City Manager ,~r,~. ~ ~ James A. Cherof, City Attorne~4v'/L/' ;! April30,2002 Lake Eden and Lake View Haven Canal Maintenance WHAT IS THE ISSUE? Who is responsible for aquatic weed control maintenance in the canals in the Lake Eden and Lake View Harbor subdivisions? The intent of this report is to summarize staff's findings, offer options, and set forth a recommendation regarding aquatic weed control maintenance in the subject neighborhoods. HOW MANY CANALS ARE THERE AND WHERE ARE THEY? There are five (5) canals in the Lake Eden and Lake View Haven Subdivisions. The City has been providing weed control maintenance in two (2) of those canals. The canals are indicated on the attached aerial photograph, Exhibit "A". WHO HAS RAISED THIS ISSUE? Over the past several months numerous, questions have been raised by members of the Public and the City Commission regarding canal ownership and maintenance responsibility. HAS STAFF REVIEWED THIS ISSUER WITH THE RESIDENTS WHO LIVE ALONG THE CANALS? Yes. On January 29, 2002 a meeting was held with property owners who live adjacent to waterways within the City of Boynton Beach south of Mission Hill Road around Lake Eden and Lake Ida. The purpose of that meeting was to discuss Aquatic Weed Control Operations in this area. At that time the history of canal maintenance was reviewed and options for various levels of service were discussed. At that time it was decided that further research would be performed (with input from residents and other agencies) and a follow up report would be prepared and presented to the City Commission. It was also S:\CA',Departments\CITYATTY~inal Report of Canals 043002.rtf 1 decided that residents would have the opportunity to review the report prior to the discussion by City Commission. WHO OWNS THE CANALS? The individual property owners in each of the subdivisions own the canals. In most cases each property owner owns to the center line of the canal behind their property. In some cases, at the borders of the subdivision, the property owner owns to the far bank of the canal. DOES THE CITY OWN ANY OF THE CANALS? No. A review of the Plat document and several title records reveal that the City has no ownership interest in any of the canals. WHY DO SOME OF THE PROPERTY OWNERS THINK THE CITY OWNS THE CANALS? In the 1970's the City began weed control maintenance in some of the canals which continues to this day. Several property owners have misconstrued maintenance of the canal as an indication of ownership. ARE THERE ANY LEGAL DOCUMENTS WHICH INDICATE THE CITY MAY HAVE OWNERSHIP OF THE CANALS? There are no recorded documents indicating ownership, however, in the 1980's and as late as the early 1990's, the City Manager did sign Revocable Permits in favor of property owners who wanted to construct docks along the canals. In the language of the Revocable Permits the property is described as belonging to the City of Boynton Beach. DO THE REVOCABLE PERMITS MEAN THAT THE CITY OWNED THE CANALS? No. A mere reference, in this case, in error as to ownership cannot create title ownership by the City. HOW IS OWNERSHIP OF THE CANALS DETERMINED? Ownership of the canals is determined through examination of the plat of the subdivision and review of title deeds and policies. The city staff and legal department reviewed the plat documents, copies of which are on record at the City, as well as numerous title policies, deeds and real property records. S:\CAXDepartments\ClTYATrYWinal Report of Canals 043002.rtf 2 WHY IS OWNERSHIP AND MAINTENANCE BY THE ADJACENT PROPERTY OWNERS REQUIRE D? In 1969, prior to creation of the Eake Eden and Lake View Haven subdivisions, the City adopted Ordinance 69-4. That Ordinance provided that as a condition of City approval of a Plat that the developer (subdivider) was required to acknowledge responsibility for the maintenance of any lake, canal or waterway depicted on the plat and to acknowledge its duty to keep lakes, canals and waterways free of "weeds, hyacinths, cloggage or other debris or noxious material". The Ordinance is attached as Exhibit "B". ARE THERE OTHER CANALS IN THE CITY WHICH ARE PLATTED AS RIGHT OF WAYS? Yes, but they pre-date these canals. Canals in the Venetian Isles, Treasure Isles, Vela ire Drive, Golfview Harbor and Chapel Hill Areas were platted in the early 1960's as fight- of-ways without side sections that would permit dredging. Located indirectly off the E-4 canal~ these canals were dug on relatively low poorly drained land. The dredge material was piled up to create dry land for residential lots. Right-of-way for the waterways is only 50' wide. Residential property lines adjacent to the canals are drain in such a way that no room is available for using land-based equipment to periodically dredge the canals. Recurring problems with canal maintenance resulted in a re-thinking of the way that the city treats residential canals. In 1969 the City Commission decided that it no longer would allow residential canals to be platted as right-of-way. New canals were platted as private property. Property owners adjacent to the canals own either half or the entire canal, depending on decisions made by the developer at the time of the plat. It was the intention of the City Commission that homeowner associations would be formed that would be responsible for canal maintenance for these subdivisions. HOW WERE THE LAKE EDEN AND LAKE VIEW HAVEN CANALS CREATED? The Lake Eden and Lake View Haven Canals were created in conjunction with the development of residential subdivisions in the early 1970's. All of the canals ~n question are depicted as easements on the Plats, which were prepared, approved and recorded to create the subdivisions. Lake Eden Subdivision Plat No. 4 Consisting of 62 platted lots was approved by the City Commission 7/23/73. The Plat contains the following notation regarding the four canal easements which are depicted thereon: "Canal easements show hereon are not part of the LWDD and the canals within said easements are for the use of the lots adjacent thereto and are not to obstructed" S :\CA\Departments\CITYATTY'XFinal Report of Canals 043002.rtl 3 The general dedication language of the Plat concludes with the following phrase: That Grimes Manufacturing Company has caused the platted area "to be surveyed and platted as shown her, eon, and hereby dedicates to the perpetual use of the public the fight of ways and easements shown hereon for the purposes expressed". The Lake Eden Subdivision Plat No. 2 was approved on 6/1/70 by the City Commission. The Plat contains the following notation: That Grimes Manufacturing Company, an Ohio Corporation, duly authorized to do business in the State of Florida, and its assigns, heirs or successors shall, in compliance with Ordinance No. 69-4 of the City of Boynton Beach, be responsible for the maintenance and the duty, at their expense, of keeping free of hyacinth, weeds, cloggage or other debris that certain existing canal adjacent to the western boundary of Block 3. The Lake View Haven Plat was approved by the City Commission on 12/2/75. The Plat contains the following notation regarding the canal which runs along the eastern boundary of the subdivision: MB Associates, Inc., as owner of the land shown on this plat does hereby accept the responsibility for maintenance of any private lake, canal or other water way included in said property, and for keeping the same free of weeds, hyacinth, cloggage or other debris or other noxious material which acceptance shall be binding upon the grantees and/or assigns or owner. WHAT DO THE PLATS STATE ABOUT MAINTENANCE OF THE CANALS? As noted in the above quoted sections of the plat, the original developers of the subdivi sion, and their assigns and successors are responsible for maintenance. THE PLAT NOTATION IN THE LAKE EDEN SUBDIVISION PLAT NO. 4 DIFFERS FROM THE NOTATION FOR LAKE EDEN SUBDIVISION PLAT NO. 2 AND THE LAKE VIEW HAVEN PLAT, DOES THAT MEAN THE PROPERTY OWNERS IN PLAT NO. 4 HOMES ARE NOT RESPONSIBLE FOR MAINTENANCE? No. However, the Homeowners in the Plat No. 4 section have a slightly better argument that they are' not responsible for maintenance. It should be noted that nowhere in Plat No. 4 does it indicate that the City is responsible for maintenance. Only Plat No. 4 indicates that easements are dedicated to the public. S:\CAXDepartments\CITYATTYkFinal Report of Canals 043002.rtl 4 WHY AND WHEN DID THE CITY START WEED CONTROL MAINTENANCE? Some time in the early 1970's. Following construction of homes in the two subdivisions, new home owners in the first subdivisions built in the area started calling the Public Works Department requesting service for their canals. At that time employees of the Parks Division (then still part of Public Works) were apparently not aware of the change in City policy and responded to work orders to spray two canals (one south of Mission Hill Road and one between Lake Drive and Diane Drive. Once it was discovered that these canals were not right-of-ways, the City determined not to service the remaining new canals. Notwithstanding the binding effect of Ordinance 69-,*, the City has continued to maintain two (2) of the canals in the subdivisions, as noted on Exhibit "A". WHAT KIND OF WEED CONTROL HAS THE CITY BEEN DOING? Up until 1982 the Parks Division employees treated the canals using either pellets or spraying chemicals. Previous to that time hydritla (an imported exotic weed) was a growing but controllable problem. As complaints increased due to the beginning of the hydrilla problem the Parks Division (by then part of the Recreation and Parks Department) recommended and the City Commission approved the engagement of a canal contractor. That company (headed by a Ph.D. biologist) started up a program using chemicals that has basically been used through the present time. During the time that Joyce Environmental Consultants had the contract through most of the 1980's, canal issues were relatively stable with only sporadic complaints depending on severe weather conditions. Since there were only a few canal maintenance contractors (only one headed by a Ph.D. in biology) the City Commission renewed the contract with no change in price for a number of years. Eventually as more companies came into the business it was decided to bid out the program. Since that time we have had several different companies performing this service each using the same basic program set,up by Joyce Environmental Consultants. Over the last several years hydrilla has become a much greater nuisance in South Florida canals. Other agencies have experimented with stronger much more expensive chemicals. "Sonar" has become the product of choice for extremely difficult locations. Most agencies use it to treat problem areas then return to a traditional less expensive chemical program when the "crisis" situation has improved. Recently we experimented with a mechanical harvesting method combined with continued chemical treatments. This method (although quite expensive) may prove effective in extreme cases when necessary. At this time chemical treatments alone seems to be sufficient to maintain the Lake Eden Canals. WHAT OTHER GOVERNMENTAL AGENCIES ARE RESPONSIBLE FOR CANAL MAINTENANCE AND AQUATIC WEED CONTROL? A number of difference agencies are responsible for canal maintenance in the City. of Boynton Beach. They include the South Florida Water Management District (SFWMD), S:XCA\Departments\CITYATTY~inal Report of Canals 043002.rff 5 the Lake Worth Drainage District (LW-DD), Palm Beach County Mosquito Control (PBCMC) and the City of Boymon Beach (COBB). SFtVMD is responsible for major-regional canals. The C-16 canal is the only SFWMD canal in Boynton Beach. The 'C' with a number usually indicates that a canal is maintained by this agency. L WDD maintains many of the canals that pass through Boynton Beach and eventually into the Lake Worth Lagoon. The major north/south canal that crosses the City is the E-~4 canal. Other east/west canals are designated 'L' with a number. PBCMC occasionally maintains Lake Ida and Lake Eden. Chemicals used in these "lakes" occasionally wash up into the boarding canals nearby. Some of which are maintained by the City. COBB maintains several "residential" canals scattered throughout the City and are connected to the E-4 canal. Water levels for all these canals are controlled by the SFWMD or the LWDD. HAVE THESE OTHER AGENCIES BEEN CONTACTED TO SEE IF THEY WILL MAINTAIN THE CANALS? Yes. All of these have taken the position that the canals are private and that the agency has no legal obligation to assume responsibility. WHY CAN'T THE CITY PROVIDE AQUATIC WEED CONTROL FOR ALL THESE CANALS? The City may not expend public funds to benefit private entity. Article VII, Section 10 of Florida Constitution prohibits the State and its political subdivisions from using their taxing power or pledging public credit to aid any private entity. The purpose of this prohibition is simply to protect public funds and resoumes from being exploited in assisting or promoting private ventures when the public would be at most only incidentally benefited. Although expenditure of public funds may incidentally benefit private persons, such expenditure must primarily or substantially serve a public purpose. Under this general rule, the City should not maintain these private canals ARE THERE ANY EXCEPTIONS TO THIS GENERAL RULE? Maybe. The determination of public purpose is a case by case analysis. There mav be collateral issues regarding established patterns of public use or stormwater reter~tion issues which could result in a finding of a public benefit for expenditures for aquatic weed control. Such a finding must be made by the City Commission before expenditures are continued or expanded. S:\CAXDepartments\CITYATTY~inal Report of Canals 043002.rff 6 CAN THE CITY BE COMPELLED TO CONTINUE MAINTENANCE SIMPLY BECAUSE IT HAS BEEN DOING MAINTENANCE FOR MANY YEARS? One of the property owners has raised this issue of legal estoppel. The City's research indicates that the principles of legal estoppel do not apply under these facts. The fact that the property owners have been the beneficiaries of City maintenance for a number of years, is not sufficient to obligate the City to continue to expend public dollars for private property maintenance. HAS THE PUBLIC ACQUIRED A EASEMENT BY PRESCRIPTION TO THE CANALS, THUS OBLIGATING THE CITY TO MAINTAIN THEM? The City's research indicates that the principles of easement by prescription are not applicable with respect to these canals. While members of the public have probably had access to the canals, it does not appear that such access has been inconsistent with the property owners use and enjoyment of the land and since the canals are not posted as private property, it also could be argued that public access has been implied rather than prohibited. Finally, although presumed there is no record of public access in a manner which could be construed as intrusive of or adverse to the true rights of the property owners. DO THE CANALS PLAY A ROLE IN THE CITY'S STORMWATER RETENTION PLAN? Although there is no specific reference to these canals in any report generated to date, it is contemplated that all lakes, canals, and water bodies within the municipal limits will be considered in the future stormwater management plan. DOES THE INTRUSION OF AQUATIC WEED IN CANALS INTERFERE WITH THE MOVEMENT OF STORMWATER? Again, no specific study exists to answer this question, but the general presumption is that aquatic weed obstructions have a negative impact on water flow. These canals could be used as part of a long term study to better answer this question. The canals function in storm events to convey water from adjoining private property and public fights of way. This may be a beneficial storm water function in or following storm events. ARE THERE ANY LIABILITY CONCERNS? There are always liability concerns. If the canals which are owned by the private property owners are maintained by the private property owners, there is no liability on the part of the City. Once the City engages in maintenance responsibility the analysis of liability becomes more complicated. S:\CA\Departments\CITYATTY~Final Report of Canals 043002.rtf 7 WHAT ARE THE COSTS OF WEED CONTROL? Barring extreme weather conditions the City's aquatic weed control contractor feels that he could maintain the additiona~ three (3) canals and increase somewhat the level of service on the two (2) canals that we are currently treating for less then $6,000 per year. That would include the occasional use of "Sonar" which we really have not been doing. If conditions ever got out of hand, mechanical harvesting might also be considered. Based on our recent experiment with this method, we could project costs to be between $1,500 - $2,000 in each of the four (4) finger canals off of Lake Eden. The: cost of mechanical harvesting of the Lake Ida Canal could be around $6,000 because it is much larger. These figures all include the legal disposal of vegetative matter. (This was the case in the Venetian Isles experiment.) If all the canals in this area were mechanically harvested at once, economies of scale would probably lower the cost. At this time, however, no one foresees the necessity of mechanical harvesting. WHAT ARE THE CITY'S OPTIONS? There are several options available including continued City maintenance, transfer of maintenance to the property owners, joint maintenance, or cost sharing of maintenance. DOES THE ADMINISTRATION HAVE A RECOMMENDATION? The Administration recommends continued maintenance of all canals in the two subdiVisions as: part of a long range evaluation of the benefits of maintenance in relationship to stormwater retention and relocation. This recommendation would be contingent upon appropriate canal maintenance access and easement agreements between the City and the property owners. These agreements would address issues regarding access, costs, and liability. S:\CAXDepartments\CITYATTY~inal Report &Canals 043002.rtl 8 Exhibit "A" ORDINANCE NO. '69 ~.~ AN ORDINANCE OF .THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 25A~6 OF TH~ CODIFrlKD ORDINANCES OF SAID. CIT~, PROVIDING FOR DUTY OF SUBDIVIDERS TO MAINTAIN AN'f PRIVATE [~AK~$, CANALS OR WATERWAYS LOCATED WITHIN PROPOSED'SUBDIVISION; FURTHER PROVIEI!qG FOR SAVINGS CLAUSE, AUTHORIT'f TO CODIFY, REPEA[~ING PROVISIONS, AN EFFECTIVE DATE AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Sectien I: That Section 2§A-6 of the Codified Orciinances of the City of Boynton Beach, Florida, sha~l be amended by adding an additionai subsection thereto, to be entitled Sub-Section (m), to read: "(m) Prior to final approval of any plat of [and located wi [hi n the munici pal i traits of the Ci t~', whi ch i ncl udes any pti rate lakes, canal s or other types of waterways, there shat l be included on the original pi at a formal acceptance by the subdivider, his grantees and assigns, of the responsibiiity for maintenance of said pti vate lakes, cs_ual s or other water- ways, and, further, the duty, at their expense, of keeping same free of weeds, ~i hyacinths, ctoggage or other debri s or noxi ous mat eri Section 2: Separability: Each of the provisions of this :, Ordinance are separabl e, including word, clause, phrase or sentence, and i f any portion hereof shal 1 be deciared invalid, the remaz fling port,on sha[£ no~ be affected but shail remain in full 'force and effect. Section 3: Authorit,w to Codifyl $[~ecific authority is hereby ~ranted to codify and incorl:orate this Ordinance in the City' s existing Code. Section 4: Re~ealin~. Prc~visio~ls.' All ordinances orparts of ordinances in confli ct herewi th are hereby repeal ed. Section 5.' Effective Date: This Ordinance shad become effective in the manner, and at the time provided by [he charter and ordinances of the City of Boynton Beach, Flor.ida. First reading this f~,~'J'day of ~,;,~ .,,c~/~ , t969. · L969. ATTEST: City Clerk Second, fina~ reading ~nd passage this .~'"'day of ~''.~ ~ j CIT¥ OF BOYNTON BEACH, FLORI DA By: -~ Coun"~±Lm an CounciLman , . ,. Counciim~n CORP SEAL Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m,) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00p.m.) Requested City Commission Meeting Dates [] May 21,2002 [] June4,2002 [] June 18, 2002 [] July 2, 2002 XI, - NEW BUSINESS ITEM A. Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m:) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: EXPLANATION: PROGRAM IMPACT: FISCAL IMPACT: Discussion of Performance Evaluation- City Manager The attached report is a summary of accomplishments for the past year and also contains recommended objectives for the next year. None. This is a planned, scheduled activity of the City Commission. Funds have been budgeted for salary and benefit adjustments for City employees. ALTERNATIVES: Department Head's Signature This is a planned, scheduled activity of the City Commission. ~ ' Ci~ Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC Highlights of Accomplishments -April 2001 through April 2002 Kurt Bressner, City Manager Boynton Beach, Florida The following is a summary list of accomplishments during the past year. First, it is important to note that these are not singular accomplishment; rather they represent examples of work effort accomplished with the collaboration of the Ci~. Commission, City Staff and Citizens. In some instances, I have inchtded future work necessary to continue with the accomplishments and new activities over the next year. I've enjoyed working with the members of the Ci~. Commission past and present, the City staff the business community and citizens. I believe much has been accomplished in the past year. Employee £ssues and Labor Relations Pay for Performance -- The pay for performance plan is now in place for all City personnel. The evaluation forms have been developed and evaluations completed for staff. Each staff members have standards of performance and objectives relating to personal or work group improvement plans. The evaluation process will use these SOP's and objectives in 2002 for review of performance in 2003 for all staff. The pay system was bargained in all labor contracts except the Police Lieutenants that is still an open contract. In the Fire Department, the merit pay system is in place and has resulted in 180 educational and project based goals being met by staff. These are over and above the day-to-day work responsibilities for the staff. Labor Contracts -- Three-Year Labor Contracts with Police Officers (PBA) and Blue/White Collar Unit (NCF&O). The labor contract with the Police Sergeants (FOP) is a one-year contract expiring in September 2002. Recent affiliation change from FOP to PBA for the Sergeants may delay the labor contract. The labor contract with the Police Lieutenants (FOP) is at possible impasse but discussions are due to resume probably under the auspices of a new union, the PBA. The labor contract with the Firefighters, Medics and Lieutenants (IAFF) was a three-year contract that expires in September 2002. Negotiations are currently under~vay. 8rea/~ast with the Boss - This is a monthly informal meeting with 20 employees selected at random. We have a continental breakfast together and discuss community and organizational issues. The breakfasts have been well received by staff and serve as an opportunity for line staff to meet with the City Manager to discuss issues and concerns. These meetings were started last fall and have become very popular with staff. Cin, staff values, vision and mission program underway - The City Management Leadership Team is completing the third and final values identification process with the City staff. This is an employee engagement process designed to develop core values for the staff and to revise the City staff vision and mission statement. This program effectively is a replacement for the "Architecture for Excellence" program that was ended by the City Commission in 1999. The new effort has been developed and implemented in house without the use of consultants. The results of this effort will be included with the City Commission strategic planning process planned for late 2002. This will update or replace the strategic planning process from August City. Manager Review 2001-2002 Page 1 2000. That strategic planning initiative produced a number of important strategic initiatives summarized elsewhere in this report. Training Initiatives Underway -- Our Professional Development Manager has developed an excellent training menu for staffto improve skills. Recently, the City's efforts to promote literacy were featured on Channel 5 and in the Sun-Sentinel and Palm Beach Post. Our current training program is now being "sold" to other governmental units as a revenue stream. I have encouraged staff to be entrepreneurial and to offer services to other local governments as a way to reduce our costs. In this instance, having participants from other units of government ~vill diversify the classes and make the classes better. Public Safety Fire Assessment - Though controversial, the staff work was completed with necessary analysis and correction of the consultant's errors in time to proceed with the assessment based on a majority vote of the Commission. City Institutes Reverse 911 System to Assist in Emergency Communication - The City received a grant that covered the cost of the installation ora "Reverse 911" system that allows the City to call select areas of the City in case ora public safety emergency. We have already used the system to assist in the recovery of a lost child. Interim Busing for New High School at 1-95 and Gateway -- Responding to a community, need, staff negotiated a one-year busing arrangement for high school students residing east ofi-95 but within the "walk zone" for the High School. This allowed the City to work with FDOT and the County to retrofit the 1-95 Bridge at Gateway with pedestrian walk signals and possible fencing. The Palm Beach County School Board is paying the busing cost. The City, County and FDOT, is sharing the bridge improvement costs° The goal is safe passage for students. Police Receive Accreditation Award - Last year the Boynton Beach Police Department received accreditation from the Florida Board of Law Enforcement Accreditation. The accreditation is the result of four years effort by the department to make sure that operating procedures, training and administration are based on prescribed national standards. Having accredited status is important for recruitment of personnel, risk management and esteem of the staff. The Fire Department is on the second year of a three-year process for accreditation. The Public Works Department is currently evaluating an accreditation program sponsored by the American Public Works Association. Fire Department Achieves Insurance Services Office (ISO) Rating of 3 - As a result of an intensive audit of the Fire Department operations, water service capability and emergency communication systems, the City received a new ISO rating of 3 which is down from the previous rating of 4. A reduction in the rating means that business and residential owners receive a fire insurance rate reduction. The addition of the fire new station in the SE Quadrant and the relocation of the fire station in the NE Quadrant of the City will trigger a new ISO review and further fire insurance reductions. City Manager Review 2001-2002 Page 2 Financial Management and Planning Budget and Five Year Operating and Capital Plan -- The City staff prepared the City's first five- year financial plan, which included both capital and operating revenues and expenses. This followed the City's first five-year capital construction plan in 2000. The Five-Year Financial Plan provides the Commission and the staff with a very useful financial and operating planning tool. Also, the City received the coveted Government Finance Officers Association (GFOA) a~vards for our Financial Report and Budget. Reduction of Stormwater ER U by $1. O0-As promised, the City staffcompleted a financial review of the Utility fund and determined that a reduction of the Stormwater ERU could be accomplished. The actual fee reduction went into effect a month earlier than anticipated. Staff will continue to review the Utility Fund sources and uses so that further reductions in the fee could be possible by late summer. Cirv does well in obta#~ing grants for a variety of projects and activities - In the past year, the Citv has received a total of 15 grants totaling 52,849,000. A special interdepartmental grants team has been created to share information on grants and assist with applications. Since the team was created in June 2000, a total of 46 grants totaling $6.7M have been obtained. Morev's Sale -- Secured additional S250,000 from County over and above the 5900,000 grant for Boatclub Park. This allowed the sale to go forward. With the additional grant and the sale of the liquor license, the net price of the property to the City was $290,000. Development Related Matters Start-up of Community Redevelopment Agency (CRA) - The past year included the establishment of an independent CRA. The staff developed a strategic plan with the CRA to help guide it through the next four years. Development Atlas and Census Fact Book Published - The Development Department has published a very valuable resource book on census information and development patterns. Medication Station Reconstruction - Following tragic shooting and fire that caused major damage to the structure, CM convened team of staff to work through the zoning and building code issues to facilitate the reconstruction of the building and re-opening of the business. The building was legal non-conforming and was rebuilt in accordance with code in a timely manner. This ~vas a very important project to help re-establish a long-time Boynton Beach business with a loyal customer base. City. Manager Review 2001-2002 Page 3 Professional Development and Awards Received Involvement in Pro/'essional Organizations - During the past year, I have continued participation in the leadership of two national professional organizations. In February 2002, I was appointed to a second three-year term on the Board of Directors of the Innovation Groups, a not-for-profit organization based in Tampa responsible for development and delivery of technology and information services to cities and counties. In addition, I was appointed to the Conference Planning Committee of the International City/County Management Association. City Receives Awards for Customer Follow-up System and the "30 Second Update" videos - The City has received awards from the Florida City/County Management Association for our new customer follow-up system that is tied to our Geographic Information System (GIS). In addition, the City received a national award for innovation in public information from 3CMA in the form of a SAAVY Award. City Programs and Initiatives Cirv Services Institute - The City staff initiated the "City Services Institute" which is a detailed review of City programs and services with citizens. The Institute covered all aspects of City programs including Police and Fire services. The latter are also covered in more detail via the equally popular Police and Fire Citizen Academies. We plan to offer the second City Services Institute this summer. Public Works Department Re-Organized - Public Works Director Livergood has re-organized the Public Works Department by taking over the Parks Maintenance function. This provides a better and more coordinated work program with other divisions of Public Works. In addition, Mr. Livergood has taken over responsibility of the Engineering Department from Assistant City Manager Sugerman. By having a licensed engineer in charge of the Engineenng Department the development of traffic, streets, sidewalk and stormwater engineering can move forward. Economic Development Program Upgraded - With the re-assignment of Assistant City Manager Sugerman away from Capital Projects, we have been able to provide staffing for Economic Development work. The program will be developed in 2002 in cooperatton with the Palm Beach County Business Development Board and other organizations. City Web Page is Updated and Receives Heavy Use - The City, through a cooperative venture with Florida Atlantic University has completely upgraded the web page. The new web page provides a uniform presentation and citizen information based on functional needs. City Commission agendas, minutes and follow-up items are posted promptly for citizens wishing this information. I am averaging 10 e-mails a week from the City Manager'.s page from citizens requesting information or assistance. This is a sharp increase over past months. City Manager Review 2001-2002 Page 4 Progress on City Strategic Initiatives - Per the most recent report, a total of 20 of the 50 August 2000 strategic initiatives have been completed. In addition, a total of 21 are projected to be complete within six months. Other Activities Commission District Changes - The redistricting project was completed on time and with a minimum of controversy. The final lines are legally valid and reflective of the community interests. Keeping the Commission Informed- During the past year I have endeavored to keep the Commission "in the loop" on emerging issues by phone, fax, e-mail or memo. In addition we have introduced future agenda items at the City Commission meeting level to assist docket management. Goals for 2002-03 Complete two new fire stations in the SE and NE Quadrants of the City. It is anticipated that the Fire Station at City Hall will need to be "mothballed" for future activation when the redevelopment of the central area of Boynton Beach is underway. An advanced life support (ALS) engine company or a medic unit would be stationed at the old fire station to provide faster response time to the core area of the City. Review the sanitation rate structure and evaluate expansion of the automated residential refuse collection into single-family neighborhoods where this service is not provided. Complete work on water and wastewater rate study and complete policy recommendation to C ltv Commission on a water conservation rate program. Develop five-year street maintenance and sidewalk construction program. Develop new standards for contracted fight of way and median maintenance that reduce mmntenance intervals and conserve water. Reduce size of City fleet to save costs. Incorporate Utility computer network into City computer network to save cost and improve efficiencies. Proceed with implementation of"Heart of Boynton" project. Proceed with operation of Woman's Club, if policy direction of City Commission is granted. City Manager Review 2001-2002 Page 5 Complete an alternative zoning profile for Federal Highway based on the City Commission policy decision to not go forward with a "mixed use" classification system. Develop economic development program in cooperation with Palm Beach County Business Development Board and other business alliances. Upgrade City Park Master Plan based on results of 2002 Recreation Needs Study. Increase recruitment opportunities for minorities and women in the City organization. Improve public safety response time by initiating and completing citywide address and property identification program. Complete "leaving a legacy" staff planning project to identify and train the next generation of supervisors. There will be a number of department and divisional retirements in the next three to five years. Conduct strategic planning session with City Commission and senior staff after November 2002 election. This will serve to update the August 2000 effort. Continue with implementation of five-year financial plan and capital improvement plan for City. Commence design work for new Library based on City Commission authorization to proceed and receipt of state $500,000 planning grant. Complete development process analysis with recommendation to City Commission for code changes. This work includes, zoning, building and planning code changes. Complete Utility planning work for service to unincorporated pockets. Continue to provide staff support and direction for Marina project. KB: 5/13/02, 5/14/02 City Manager Review 2001-2002 Page 6 XI, - NEW BUSINESS ITEM B, 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 Meetin.q Dates Dates Office [] March 19. 2002 March 6, 2002 (5:00 p.m.) [] May 21. 2002 [] April 2, 2002 March 20. 2002 (5:00 p.m.) [] June 4, 2002 [] April 16 2002 April 3. 2002 (5:00 p,m.) [] June 18, 2002 [] May 7. 2002 April 17, 2002 (5:00 p.m.) [] July 2, 2002 Date Final Form Must ~e Tumed in to City Clerk's Office May 8.2002 (5:00 2.m.) May 22. 2002 (5:00 p.m.) June 5. 2002 (5:00 p.m.) June 19. 2002 (5:00 P.m4 NATURE OF AGENDAITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Staff recommends that Commission authorize the City manager to submit a Development Regions Core Grant application on behalf of High Ridge Properties, Inc. to Palm Beach County, Department of Economic Development by May 24,2002. EXPLANATION: Palm Beach County Department of Economic Development has invited local governments who are located within designated areas to submit grant applications from the business community in a effort to assist in the stimulating of economic growth and increase business opportunities. The City of Boynton Beach has solicited pre applications from the business community, which has resulted in the following application: High Ridge Properties LLC (Ocean Plaza) - The request is for $50,000 County funding and $25,000 City match funding for a total project cost of $273,500 to create a minimum of 10 full time jobs. PROGRAM IMPACT: The Core Grant program has a number of minimum thresholds, some of which have been met by this applicant, with minor concerns. See attached staff report, which address the application process. FISCAL IMPACT: In the event Palm Beach County awards this application, the City's obligation would be to commit 50% of what the county funds to each grantee. The maximum allocation would be $50,000 for any applicant, with the city's match requirement being $25.000. Although there are currently no funds appropriated for the local match as required for this program, CDBG funds would be allowed but it would be subject to strict regulatory rules and monitoring. ALTERNATIVES: 4~ ~lot to submit a Program. Decra'rtrdr~nt I~t ~a'~-s -S i g n a'~'~ ~e grant application for this Round of the Development Regions Grant City Manager's Signature Department of Development Division of Community Redevelopment Department Name City Attorney / Finance t Human Resources G:~C,c, mmunih,,PD~nd~ F~c,~m~s\2662\Cf',,5-21HighFidg6Prc, p6rlies.dot Palm Beach County Core Grant Application Staff Report - High Ridge Prooerties LLC (Ocean Plaza) Business Owner: Business Address: Mark Fender 640 -_"as~ Ocean Avenue Boymon Beach Florida 33435 Funds Requested: Grantee's Liquid Cash Other Source TOTAL County City/CRA/CDC S50,000 25.000 t5.000 183.500 $273,500.00 County funds 18% of proiect cost City match funds - .09% of [}roject cost .05% of project cost .67% of project cost Project Cost: TOTAL Facade Changes/Renovation Architectural Design Machinery/Equipment Landscaping/Lighting $200.000 17.000 6,500 50,000 $273,500.00 Jobs to be created per application: 10 at above minimum wage 2.00 per $10.000 county req. Project request is for assistance in the renovation of 17000 square feet of retail shopping space located in the CRA area of the city at 640 East Ocean Ave. There are a total of 23 units of varying sizes, most of which are at, proximately 700 square feet. There are presently 8 tenants in the Plaza who occupy 10 units, or 43% of the space that is available to lease. The morovements will include fa(~ade landscaping, parking lot repaving, curbing, lighting, ~rrigation, pedestrian walkways, and other decorative enhancements. Application Completeness Complete Lackin.q x x Application Form. A Development Regions application form with all appropriate items filled out. Attached qualified estimates of projects costs. Submit on original and six copies. Business Plan. One onginal and six copies of the business plan must be submitted. Pictures/designs must be included. X Summary & Projections. A Business Plan must include an Executive Summary and five year projections prepared by a qualified par~y such as a CPA, a business incubator, Palm Beach County Resource Center, etc. Summary & Projections. A Business Plan must include an Executive Summary and five year projections prepared by a qualified party such as a CPA, a business incubator, Palm Beach County Resource Center. etc. *Summary, projections and business plan need to be more detailed Tax Returns. The most recent last three years tax returns for an existing business; o__r the last three oersonal tax returns of the entrepreneur of a startup. Comolete Palm Beach County Core Grant Application Staff Report - High Ridge Prooerties LLC ¢Ocean Plaza, Lack!hq Financial Statements Financial statements for ex~sting b~:smess ,%r ~as[ three years and if the current year is no[ completed, and un-aud~tec financial statement of the currem year Dy a CPA. Loan Commitment. A cooy of a loan letter of good faith Ietter from a oank committed [o the ~)usmess project indicating whether the loan ~s unaer consideration and if the loan s a condition subject to the County grant Legal Status. Information regarding the company's legal status ('S-Coro. Sole Proprietorship, Partnership, e[c), fictitious name reg;stradon cooy of coruorate charger, etc. A copy of letters of incorporation. The following ~tems are to be obtained after Commission approval: A Community Commitment The City/CRA/Nonprofit Board has approved the request for County funds for the specified business project with local match funds, and has authorized in writing the signing of a county contract that wilt be submitted to the BCC for approval. Zonin,q A sign off letter from the municipality that the zoning is approoriate for the existing/proposed use, and infrastructure is in place for such use. Project Feasibility A statement justifying the feasibility of the project by the business entity or by the local governmem. Include in the statement the projected economic impact of the project to the area/community. Projects involving commercial district revitalization are evaluated base(: on the positive economic impact they will have in a blighted area. The measurements used are employment, occupancy rate, sales rate, foot traffic, square footage, number of stores in the ares, projected crime reduction, vehicle count and other appropriate economic development evaluations. Insurance Proof of insurance coverage must be submitted by the applicant prior to the time of the contract. DEPARTMENT OF DEVELOPMENT PALM BEACH COUNTY CORE GRANT APPLICATION PROGRAM OVERVIEW The Palm Beach County Development Regions Grant Program, which is administered through the Office of Economic Development is designed to stimulate economic growth and increase business opportunities in or adjacent to designated blighted areas of Palm Beach Count. The goal of this program is to encourage economic investment and diversification in these communities, increase job growth and entrepreneurial opportunities, revitalize commerciaJ districts and focus on positive human resource development to improve the quality of life. The City of Boynton Beach is within the "Core Area", which has 20% or more poverty. A. Definitions Business Project: A start-up or existing business (registered in the State of Flodda) and involving relocation or expansion plans to purchase/lease/occupy/build/renovate property in or adjacent to a Development Region, and to hire full-time equivalent employees Business Retention: Retaining an existing business, its employment and tax base Job Creation: Creation of a permanent full-time/equivalent position filled by an employer Job Retention: Retaining a job that has existed for six months or more pdor to the Development Regions application B. Cdteda Job creation and Job Maintenance One full time/equivalent job must be created or retained per $10,000 requested in county funds. Preference will be given to job creation over retention. Fac,,ade program projects may or may not necessarily have job creation commitments when working with building owners in high poverty areas. Applicants are held accountable for their commitment to job creation or retention as identified in the application. This will be the job commitment identified in the grant. Business projects that have received other county grants cannot use the same jobs pledged for in other programs to apply for this program. Business projects must provide the Workforce Development Board of Palm Beach County, Inc., a list of all job openings and training opportunities when ready to hire. Business projects must show good faith efforts in hidng 50% of employees who reside in or near a Development Region. Job commitments must be filled by the twentieth month from the contract commencement date and maintained for an additional twenty-four months following job creation/retention. _.Wa~es and Benefits Applicants are strongly encouraged to provide wages at the time of contract approval that are higher than the national minimum wage and include fdnge benefit. C. Funding and Reimbursement Matching Funds By Business Proiect Business projects must leverage a significant amount of money to County funds. The object is to attract the highest private investment possible in the Development Regions. Funding Requests and Matching Requirements/Leveraqin,q Maximum County Funds $50,000 for any one public improvement or business project. County funds cannot exceed 30% of project costs $100,000 for multiple projects submitted by a local government and/or nonprofit organization 50% minimum local cash match to County fund request Eligible Matching Funds Previous expenditures and in-kind services by a local govemment or nonprofit organization for existing or proposed projects cannot be used toward matching funds. However, a letter of justification requesting a waiver from the local government or nonprofit organization may include the following: · A loan program · Infrastructure improvements to the area · Building improvements/area beautification · Utilities and water/sewer hookup costs · Designated parking spaces in downtown area · Donations of land, buildings, and easements Eligible and Ineligible Reimbursable Activities Eligible, Activities The County will reimburse the following expenses for the business projects: · Acquisition of real property · Construction of new buildings · Renovation of existing buildings · Fac,.ade improvements of properties · Site development costs (engineering, architectural designs, soil test, surveying, etc.) · Impact fee payment · Machinery and equipment · Public Improvements: Parking, lighting, fac,,ade program, beautification, infrastructure, etc. Inetiqible Activities The grant does not reimburse: · Retainer Fees (attomey& architect). Work must be received for reimbursement · Deposits · Mortgage payments · Relocation of businesses from one Development Region to another Specifications For Machinery And Equipment Eligible Expenses · New or used fixed assets or tangible personal property purchased by the qualified business and used exclusively at the business project site dudng the contractual pedod · Machinery and equipment purchased for the business must have a useful life of at least five years Ineligible Expenses · Portable equipment, such as personal computers, adding machines and calculators · Rolling stock, such as trucks, vans or cars · Restaurant/office/warehouse equipment; such as tables, chairs, cookware or removable items other Requested City Commission Meetina Dates [] March 19, 2002 [] Apdl 2, 2002 [] April 16,2002 [] May 7, 2002 XT, - NEW BUSI'NESS ITEM C. CITY OF BOYNTON BEACH 'AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) Requested City Commission Date Final Form MustH~ Turn~l · Meetin,q Dates in to City Clerk's,(~fice [] May 21 2002 May 8, 2002 (5:00 p.n~-; [] June 4, 2002 May 22, 2002 (5:00 p.n~,) [] June 18, 2002 June 5, 2002 (5:00 p.m.~ April17,2002 (5:00p.m.) [] July2,2002 June 19, 2002 [5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Staff recommends that Commission authorize the City manager to submit a Development Regions Core Grant application on behalf of United Fo[ward, Inc. & UF Fluid Systems, Inc. to Palm Beach County, Department of Economic Development by May 24,2002. EXPLANATION: Palm Beach County Department of Economic Development has invited local governments who are located within designated areas to submit grant applications from the business community in a effort to assist in the stimulating of economic growth and increase business opportunities. The City of Boynton Beach has solicited pre applications from the business community, which has resulted in the following application: United Forward, Inc & UF Fluid Systems, Inc. - The request is for $50,000 County funding, and $25,000 City match funding for a total project cost of $4,082,591, the creation of ten permanent full time jobs and relocation of twelve existing jobs. PROGRAM IMPACT: The Core Grant program has a number of minimum thresholds, all of which has been met by this applicant. See attached staff report, which address the application process. FISCAL IMPACT: In the event Palm Beach County awards this application, the City's obligation would be to commit 50% of what the county funds to each grantee. The maximum allocation would be $50,000 for any applicant, with the city's match requirement being $25,000. Although there are currently no funds appropriated for the local match as required for this program, CDBG funds would be allowed but are subject to strict regulatory rules and monitoring. ALTERNA. T.T.T.T.T.T.T.T.T.~~ Not to submit a g rant application for this Round f the Development Regions Core Grant. ~-l~'e~'~rtmdn{' Head's-Slgnature City Manager's Signature Department of Development Division of Community Redevelopment Department Name City Attorney / Finance / Human Resources Business Owner: Business Address: Funds Requested: Grantee's Liquid Cash Bank Loan TOTAL Palm Beach County Core Grant Application Staff Report - United Forward, Inc. UF Fluid Systems, inc. 4020 Thor Drive Boynton Beach, Florida 33426 County City/CRA/CDC $50,000 25,OOO 555,000 3,452,591 $4,082,591,00 County funds 1% of project cost City Funds (50% county match 14% of project cost 85% of project cost Project Cost: TOTAL Purchase Land/Building Renovation Utilities Purchase Manufacturing Curing Equipment $1,500,000 1,080,000 84,591 1,200,000 218,000 $4,082,591.00 Jobs to be created per application (a total of 10 full time positions) 2.00 per $10,000 county requirement 3 positions @ $11.53 per hour 2 positions @ $14.42 per hour 4 positions @ $17.30 per hour I position @ $23.07 per hour Applicants request is for funding to include the acquisition of a 26,235 square foot industriar.. building located on 4.43 acres. Activities will include a production area for manufacturing; a 127 square foot warehouse, a finished product warehouse of approximately 150 square feet, and other upgrades to provide for air conditioning, ventilation, water and plumbing, floor upgrades, electrical, parking, landscaping, and interior office build out. This project also includes the purchase and installation of equipment necessary to manufacture automotive rubber hoses. Application Completeness Complete Lackinq Application Form. A Development Regions application form with all appropriate items filled out. Attached qualified estimates of projects costs. Submit on original and six copies. Business Plan. One original and six copies of the business plan must be submitted. Pictures/desig ns must be included. Summary & Projections. A Business Plan must include an Executive Summary and five year projections prepared by a qualified party such as a CPA, a business incubator, Palm Beach County Resource Center, etc. Summary & Projections. A Business Plan must include an Executive Summary and five year projections prepared by a qualified party such as a CPA, a business incubator, Palm Beach County Resource Center, etc. Complete Lackinq Palm Beach County Core Grant Application Staff Report - United Forward, Inc. Tax Returns. The most recent last three years tax returns for an existing business; or the last three personal tax returns of the entrepreneur of a startup Financial Statements. Financial statements for existing business for past three years and if the current year is not completed, and un-audited financial statement of the current year by a CPA. Loan Commitment. A copy of a loan letter of good faith letter from a bank committed to the business project indicating whether the loan is under consideration and if the loan is a condition subject to the County grant. Legal Status. Information regarding the company's legal status (S-Corp, Sole Proprietorship, Partnership, etc), fictitious name registration, copy of corporate charger, etc. A copy of letters of incorporation. The following items are to be obtained after Commission approval: A Community Commitment The City/CRA/Nonprofit Board has approved the request for County funds for the specified business proJect with local match funds, and has authorized in writing the signing of a county contract that will be submitted to the BCC for approval. Zoninq A sign off letter from the municipality that the zoning is appropriate for the existing/proposed use, and infrastructure is in place for such use. Project Feasibility A statement justifying the feasibility of the project by the business entity or by the local government. Include in the statement the projected economic impact of the project to the area/community. Projects involving commercial district revitalization are evaluated based on the positive economic impact they will have in a blighted area. The measurements used are employment, occupancy rate, sales rate, foot traffic, square footage, number of stores in the area, projected crime reduction, vehicle count and other appropriate economic development evaluations. Insurance Proof of insurance coverage must be submitted by the applicant prior to the time of the contract. DEPARTMENT OF DEVELOPMENT PA LM BEACH COUNTY CORE GRANT APPLICATION PROGRAM OVERVIEW The Palm Beach County Development Regions Grant Program, which is administered through the Office of Economic Development is designed to stimulate economic growth and increase business opportunities in or adjacent to designated blighted areas of Palm Beach County. The goal of this program is to encourage economic investment and diversification in these communities, increase job growth and entrepreneurial opportunities, revitalize commercial districts and focus on positive hu man resource development to improve the quality of life. The City of Boynton Beach is within the "Core Area", which has 20% or more poverty. A. Definitions Business Project: A start-up or existing business (registered in the State of Florida) and involving relocation or expansion plans to purchase/lease/occupy/build/renovate property in or adjacent to a Development Region, and to hire full-time equivalent employees Business Retention: Retaining an existing business, its employment and tax base Job Creation: Creation of a permanent full-time/equivalent position filled by an employer Job Retention: Retaining a job that has existed for six months or more pdor to the Development Regions application B. Cdteria Job creation and Job Maintenance One full time/equivalent job must be created or retained per $10,000 requested in county funds. Preference will be given to job creation over retention. Far,~,ade program projects may or may not necessarily have job creation commitments when working with building owners in high poverty areas. Applicants are held accountable for their commitment to job creation or retention as identified in the application. This will be the job commitment identified in the grant. Business projects that have received other county grants cannot use the same jobs pledged for in other programs to apply for this program. Business projects must provide the Workforce Development Board of Palm Beach County, Inc., a list of all job openings and training opportunities when ready to hire. Business projects must show good faith efforts in hiring 50% of employees who reside in or near a Development Region. > Job commitments must be filled by the twentieth month from the contract commencement date and maintained for an additional ~ntY"fo~ir ~6nthS fOllOWing job creation/retention. Wages and Benefits Applicants are strongly encouraged to provide wages at the time of contract approval that are higher than the national minimum wage and include fdnge benefit. C. Funding and Reimbursement Matching Funds By Business Project Business projects must leverage a significant amount of money to County funds. The object is to attract the highest pdvate investment possible in the Development Regions. Funding Requests and Matching Requirements/Leveraging Maximum County Funds $50,000 for any one public improvement or business project. County funds cannot exceed 30% of project costs $100,000 for multiple projects submitted by a local government and/or nonpror~ organization 50% minimum local cash match to County fund request Eligible Matching Funds Previous expenditures and in-kind services by a local government or nonprofit organization for existing or proposed projects cannot be used toward matching funds. However, a letter of justification requesting a waiver from the local government or nonprofit organization may include the following: · A loan program · Infrastructure improvements to the area · Building improvements/area beautification · Utilities and water/sewer hookup costs · Designated parking spaces in downtown area · Donations of land, buildings, and easements Eligible and Ineligible Reimbursable Activities Eligible Activities The County will reimburse the following expenses for the business projects: · Acquisition of real property · Construction of new buildings · Renovation of existing buildings · Fa?.ade improvements of properties · Site development costs (engineering, architectural designs, soil test, surveying, etc.) · Impact fee payment · Machinery and equipment · Public Improvements: Parking, lighting, fac,,ade program, beautification, infrastructure, etc. Ineligible Activities The grant does not reimburse: · Retainer Fees (attorney & architect). Work must be received for reimbursement · Deposits · Mortgage payments · Relocation of businesses from one Development Region to another Specifications For Machinery And Equipment Eli,qible Expenses · New or used fixed assets or tangible personal property purchased by the qualified business and used exclusively at the business project site dudng the contractual period · Machinery and equipment purchased for the business must have a useful life of at least five years inel[i:lible Expenses · Portable equipment, such as personal computers, adding machines and calculators · Rolling stock, such as trucks, vans or cars · Restaurant/office/warehouse equipment; such as tables, chairs, cookware or removable items other Requested City Commission Meetin~ Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2O02 [] May7,2002 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH -AGENDA ITEM REQUEST FORM XII. - LEGAL ITEM A.1 Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to City Clerk's Office Meeting. Dates in to City Clerk's Office March 6, 2002 (5:00 p.m.) [] May 21, 2002 May 8, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) [] June 4, 2002 May 22, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) [] June 18, 2002 June 5, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m3 [] July 2, 2002 June 19, 2002 (5:00 p.m.) [] Administrative [] Development Plans -< [] Consent Agenda '[--] New Business e~ [] Public Hearing . _ [] Legal [] Bids [] Unfmished Business [] Announcement [] Presemation [] City Manager's Report RECOMMENDATION: Please place this request on the May 21, 2002 City Commission Agenda under Legal, Ordinances - Second Reading. The City Commission unanimously approved this request under "Public Hearing" on April 16, 2002 and under First Reading on May 7, 2002. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-065. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: CKS, Inc. (ANEX 02-001) Jeffrey Smith, JMS Design Inc. CKS, Inc. Lot 44 of Tradewinds Estates-South of Miller Road East of FEC Raikoad Request Annexation of 0.67 acre of vacant land located m unincorporated Palm Beach Count. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A AL TE RN~::e ~VEo p~r~~,~ t or ~ity Manager's Signature Planning ~d Zor~,/'~rector . Cit~ A~or~ / ~:~nance / Human Resources J:\SHRDATAkPlanningkSHARED\WP~PROJECTS\CKS, IncXANEX 02-001LAgen~a Item Request CKS ANEX 02-001 Legal 2ndreading 5-21-02.dot S :YBULLETIN~ORMSLAGENDA ITEM REQUEST FORM.DOC DEVELOPbIENT DEPARTbIENT PLA~NNING & ZONING DIVISION MEbIOR.~*'DUM NO. PZ 02-065 TO: FROM: THROUGH: DATE: Project/Applicant: Agent: Owner: Location: File No: Property Description: Chairman and Members Planning and Development Board ..-, ../ Dick Hudson, Senior Planner ~ Michael W. Rumpf ~ Director of Planning and Zoning April l, 2002 PROJECT DESCRIPTION Office/Warehouse Condominiums, CKS Inc. 3effrey Smith, .rMS Desig-n Inc. CKS Inc. East side of Old Dixie Highway berween Miller Road and Gulfstream Boulevard Annexation (AN'EX 02-001) Land Use Amendment/Rezoning (LUAR 02-001) Vacant property of 0.67 acres of land located in unincorporated Palm Beach County, classified Commercial and zoned GC (General Commercial) Proposed change/use: To annex the subject property, to reclassify from Commercial to GC (General Commercial), and rezone from GC (General Commercial) to C-4 (General Commercial). Adjacent North: South: East: West: Land Uses and Zoning: Undeveloped property classified Commercial and zoned GC (General Commercial - Palm Beach County) Developed property (Broward Pump and Supply Co.) classified GC (General Commercial) and zoned C-4 (General Commercial) Developed property (mobile home park) classified Commercial and zoned GC (General Commercial - Palm Beach County Right-of-way of Dixie Highway, further west F.E.C. Railroad right-of-way, then Seacrest Scrub Preservation Area Page 2 CKS, Inc. File Numbers: BaN-EX 02~00 l and LUAR 02-00 PROJECT AN:-kLYSIS Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as this petition is consistent ~vith the city's Comprehensive Plan Future Land Use Map designation for properties to be annexed within this vicinity. Instead, staff analysis will relate to consistency with other relevant portions o ~' the Comprehensive Plan, the city's annexation program and service capability. This commercial property is less than 10 acres in s~ze, and therefore this proposed amendment To the comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance review" by the Florida Depaz~ment of Community Affairs (DCA). This means that the proposed amendment, if desired by the city, will be adopted first, then forwarded to the DCA for their records ("large-scale" amendments cannot be adopted until found "in compliance" by the DCA). The annexation of this parcel is consistent with the only policy within the comprehensive plan on annexation. Policy 8.10.4, which requires the establishment of an annexation program, promotes orderly annexation, and prohibits the creation of new enclaves~ The annexation of the subject property will further the efforts of the annexation program through reduction in the number of enclave properties. State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and to incrementally annex enclave properties with the intent to reducing them below the 10- acre threshold. The requested land use and zoning is consistent with the recommendations of Section VIII Land Use Problems and Opportunities, sub-section 1.q., found in the support documents for the 1989 CiW Of Bovnton Beach Comprehensive Plan. In connection with previous annexation'studies, depatut~ents most affected by annexations (e.g. Police, Fire, and Public Works), have been s~-veyed for issues related to service capability and costs. Ail opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the follo~ving: 1) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; 2) Ample service capacity exists to serve adjacent unincorporated properties; and 3) Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire/EMS only). With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed the project and determined that it meets Traffic Performance Standards of Palm Beach County. However, with respect to water and wastewater utilities, the review of the proposed site plan (which was to have been reviewed concurrently with the subject applications) identified the absence of wastewater lines directly accessible to the subject property. As part of site plan approval, access to city utilities, or an acceptable alternative, must be designed. The review of the site plan application has been delayed to allow for project engineers to evaluate and address this situation. Page 3 CKS. Inc. File Numbers: .~'FEX 02-.001 and LUAR 02-00 CONCL USIONSfRE CO~E~FE N-DATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be · included as Exhibit "B". ATTACI--EMENTS '~ ". j':~,.~HR.DATA'.,Pla.nning~Hu(:t.son\CI~ In¢~.LUAR~-staff report.doc Location Map CKS inc. EYJ-tl B IT "A" LN L 8OO 160:1 2400 Feet ORDINANCE NO. 02- O! lB AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORDA, ANNEXING 0.67 ACRES OF VACANT 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 TERRITORY, PURSUANT TO A PETITION BY THE OWNER OF SAD TRACT OF LAND, CKS, INC., REQUESTING PURSUANT TO ARTICLE I, SECTION 7 THE CHARTER OF THE CITY OF 171.044, AND 171 USE THE OF WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the ,fan Annexation Program; and WltEREAS, CKS, Inc. of Boynton Beach, through its agent Jeffrey Smith, of Design, Inc., as owner of the property more particularly described hereinafter, has filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of City of Boynton Beach, Florida, for the purpose of annexing a certain tract land consisting of approximately 0.67 acres; and WHEREAS, the City of Boynton Beach hereby exercises its option to annex the g tract of land as hereinafter described, in accordance with Article I, Section 7 32) of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; :\CA\Ordinances\Planning\Annexations\Annexation - CKS.doc and WHE .REAS, said tract of 1and lying and being within Palm Beach County is contiguous to the existing city limits of the City of Boynton Beach, and will, upon its annexation, constitute a reasonably compact addition to the City territory. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That each and every Whereas clause is true and correct. Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of Boynton Beach, Florida and Section 171.044, Florida Statutes the following described unincorporated and contiguous tract of land situated and lying and being in the County )f Palm Beach, Florida, to wit: .Lot 44, amended plat of Trade Winds Estates, according to the plat thereof as recorded in Plat Book 21, Page 73 of the Public Records of Palm Beach County. Containing approximately 0.67 acres of land s hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be and become part of the City with the same force and effect as though the same had been originally incorporated in the territorial boundaries thereof. Section 2: That Section 6 and 6(a) of the Charter of the City of Boynton Beach, *lorida, is hereby amended to reflect the annexation of said tract of land more particularly escribed in Section 1 of this Ordinance. Section 3: That by Ordinances adopted simultaneously herewith, the proper City :~ning designation and Land Use category is being determined as contemplated in Section 71.162(2), Florida Statutes. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby ~:\CA\0rdinances\~lanning\Annexa~ions\Annexa~ion - CKS.doc 4epealed. Section 5: Should any section or provision of this Ordinance or any portion thereof tee declared by a court of competent jurisdiction to be invalid, such decision shall not affect the mainder of this Ordinance. Section 6: This Ordinance shall not be passed until the same has been advertised br two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton ~each, Florida, as required by the City Charter and Section 171.044, Florida Statutes. Section 7. This ordinance shall become effective immediately upon passage. Section 8. Specific authority is hereby given to codify this Ordinance. Section 9. This ordinance, after adoption, shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida. FIRST READING this '7 day of /"[~1~ SECOND, FINAL READING and PASSAGE this ,2002. day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner Commissioner City Clerk s:\CA\Ordinances\Planning\Annexations\Annexati°n - CKS.doc Requested City Commission Meetir_~ Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XlI. - LEGAL ITEM A.2 Date Final Form Must be Turned in to CiW Clerk's Office March 6, 2002 (5:00 p.m.) [] March 20, 2002 (5:00 p.m.) [] April 3, 2002 (5:00 p.m.) [] April 17, 2002 (5:00 p.m.) [] Requested City Commission Meeting Dates Date Final Form Must be Turned in to CiW Clerk's Office May 21. 2002 May 8, 2002 (5:00 p.m.S. June 4, 2002 May 22. 2002 (5:00 p.mT.'~ June 18, 2002 June 5, 2002 (5:00 p.m.)fi.. July 2, 2002 June 19, 2002 (5:00 p.m~q [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the May 21, 2002 City Commission Agenda under Legal, Ordinances - Second Reading. The City Commission unanimously voted to approve this request under Public Hearing on April 16, 2002 and under First Reading on May 7, 2002. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-065. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: CKS, Inc. (LUAR 02-001) Jeffrey Smith, JMS Design Inc. CKS, Inc. Lot 44 of Tradewinds Estates-South of Miller Road East of FEC Railroad Request m Amend the Comprehensive Plan Future Land Use Map from Commercial (Palm Beach County) to General Commercial (GC) for 0.67acres of vacant land located on the east side of Old Dixie Highway between Miller Road and Gulfstream Boulevard. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A Develo~nt I~epartment Director City Manager's Signature Plann~m~ and Zor~g~irector ,/j City-AttOrney I Finance / Human Resources J:kSHRDATAkPIanningkSHARED\WPkPROJECTS\CKS, IncLLUAR 02-001 kAgen~a Request CKS LLr'AR 02-001 Amend- Legal 2nd reading 5-21-02.dot S:kBULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLAN,.'N'ING & ZON~'NG DIVISION MEMOR_42~'I)L~I NO. PZ 02-065 TO: FROM: Chairman and Members Planning and Development Board Dick Hudson, Senior Planner ~ THROUGH: MichaeI W. Rumpf Director of Planning and Zoning DATE: April 1, 2002 PROJECT DESCRIPTION Project/Applicant: Office/Warehouse Condominiums, CKS Inc. Agent: Jeffrey Smith, JMS Desig-n Inc. Own er: CKS Inc. Location: East side of Old Dixie Highway bet~veen Miller Road and Gulfstream Boulevard FHe No: Annexation (ANEX 02-00 I) Land Use Amendment/P, ezoning (LUAR 02-001) Property Description: Vacant property of 0.67 acres of land located in unincorporated Palm Beach County, classified Commercial and zoned GC (General Commercial) Proposed change/use: To annex the subject property, to reclassify from Commercial to GC (General Commercial), and rezone from GC (General Commercial) to C-4 (General Commercial). Adjacent Land Uses and Zoning: North: Undeveloped property classified Commercial and zoned GC (General Commercial - Palm Beach County) South: Developed property (Broward Pump and Supply Co.) classified GC (General Commercial) and zoned C-a (General Commercial) East: Developed property (mobile home park) classified Commercial and zoned GC (General Commercial - Palm Beach County West: Right-of-way of Dixie Highway, further west F.E.C. Raikoad fight-of-way, then Seacrest Scrub Preservation Area Page 2 CKS, Inc. File Numbers: ANEX 02--001' and LUAR 02-00 t PRO.YECT ANALYSIS Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to revie~v the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as this petition is consistent with the city's Comprehensive Plan Future Land Use Map designation for properties to be annexed within this vicinity. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. This commercial property is less than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "smalI-scale" amendment and is not subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if desired by the city, will be adopted first, then forwarded to the DCA for their records ("large-scale" amendments cannot be adopted until found "in compliance" by the DCA). The annexation of this parcel is consistent with the only policy within the comprehensive plan on annexation. Policy 8.10.4, which requires the establishment of an annexation program, promotes orderly annexation, and prohibits the creation of new enclaves. The annexation of the subject property will further the efforts of the annexation program through reduction in the number of enclave properties. State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners. Currently, objectives of the annexation program include annexing ali enclaves less than 10 acres, and to incrementally annex enclave properties w/th the intent to reducing them below the 10- acre threshold. The requested land use and zoning is consistent with the recommendations of Section VIII Land Use Problems and Ocporm.nities, sub-section 1.q., found in the support documents for the 1989 City. Of Bovnton Beach Comprehensive Plan. In com-~ection with previous annexation.'studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issuis related to service capability and costs. All opinions previously collected fi.om these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) 2) 3) The enclaves are ail immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serve adjacent unincorporated properties; and Most enclaves currently receive service fi.om the city via the mutual aid agreement (Police and Fire/EMS only). With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed the project and determined that it meets Traffic Performance Standards of Palm Beach County. However, with respect to water and wastewater utilities, the review of the proposed site plan (which was to have been rev/ewed concurrently with the subject applications) identified the absence of wastewater lines directly accessible to the subject property. As part of site plan approvaI, access to city utilities, or an acceptable alternative, must be designed. The review of the site plan application has been delayed to allow for project engineers to evaluate and address this situation. Page 3 CKS, Inc. File Numbers: BaN'EX 02-001 ,~nd LUAK 02-001 CONCLUSIONS/ltECONINrEN'DATIONS As indicated herein, this request is consistent with the intent of' the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute ~o the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "B". ATTACFIaMENTS ~ Location Map CKS Inc. EXHIBIT "A" ~OO LN L 8OO 1600 I Feet ORDINANCE NO. 02- O I ~ _ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING VACANT PROPERTY LOCATED AT THE EAST SDE OF OLD DIXIE HIGHWAY, BETWEEN MILLER ROAD AND GULFSTREAM BOULEVARD; AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATION IS BEING: CHANGED FROM COMMERCIAL TO GC (GENERAL COMMERCIAL); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Ordinance No. 89-38 in accordance with the Local Government Comprehensive Act; and WHEREAS, the procedure for ' a Future Land Use Element of a Plan as set forth in 163, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commission deems it in the interest of the inhabitants of Said !City to amend the aforesaid Element of the Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE DF BOYNTON BEACH, FLORIDA, THAT: Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the That the Furore Land Use of the following described land shall be designated as GC Commercial). Said land is more particularly described as follows: Lot 44, amended plat of Trade Winds Estates, according to the plat thereof as recorded in Plat Book 21, Page 73 of the Public Records of Palm Beach County, Florida. Section 2: That any maps adopted in accordance with the Future Land Use Element shall >e amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any secuon or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective 31 days after adopuon, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FIRST READING this '"/ day of i'~ ~,~ ,2002. SECOND, FINAL READING and PASSAGE this day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ~TTEST: Commissioner City Clerk (Corporate Seal) ;:ca\crd I_and Use - CKS Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH -AGENDA ITEM REQUEST FORM XII.- LEGAL ITEM A.3 Date Final Form Must be Turned in to Cit3 Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21, 2002 [] June 4. 2002 [] June 18,2002 [] July 2, 2002 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.),~ May 22, 2002 (5:00 p.m.~; June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the May 21, 2002 City Commission Agenda under Legal, Ordinances - Second Reading. The City Commission unanimously voted to approve this request under Public Hearing on April 16, 2002 and under Fkst Reading on May 7, 2002. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-065. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: CKS, Inc. (LUAR 02-001) Jeffrey Smith, JMS Design Inc. CKS, Inc. Lot 44 of Tradewinds Estates-South of Miller Road East of FEC Railroad Request to Rezone General Commercial (CG-Palm Beach County) to General Commercial (C-4) of 0.67acres of vacant land located on the east side of Old Dixie Highway between Miller Road and Gulfstream Boulevard. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE~ Devel~mel~t D~partment Dire~'tor City Manager's Signature Planking and Zoni[g~irector /?~ City Attor~dy / Finance / Human Resources J:kSHRDATA~PlanningkSHARED\WP~PROJECTS\CKS, InckLUAR 02-001~Agenda~equest CKS LUAR 02-0(~ IRezone- Legal 2nd reading 5-21-02.dot S:~BULLETINXFORMS~AGENDA ITEM REQUEST FORM.DOC DE~v~ELOPMENT DEPARTMENT PLA.N..~qNG & ZO~N~'G DIVISION MEblORz~NDL~I NO. PZ 02-065 TO: FROM: Chairman and Members Planning and Development Board Dick Hudson, Senior Planner ~ THROUGH: Michael W. Rumpf Director of PIanning and Zoning DATE: April l, 2002 PROJECT DESCRIPTION Project/Applicant: Office/Warehouse Condominiums, CKS Inc. Agent: Jeffrey Smith, JMS Desig'n Inc. Owner: CKS Inc. Location: East side of Old Dixie Highway between Miller Road and Gulfstream Boulevard File No: Annexation (ANEX 02-001) Land Use Amendment/Rezoning (LUA.K 02-001) Property Description: Vacant property of 0.67 acres of land located in unincorporated Palm Beach County, classified Commercial and zoned GC (General Commercial) Proposed change/use: To annex the subject property, to reclassify from Commercial to GC (General Commercial), and rezone from GC (General Commercial) to C-4 (General Commercial). Adjacent Land Uses and Zoning: North: Undeveloped property classified Commercial and zoned GC (General Commercial - Palm Beach County) South: Developed property CBroward Pump and Supply Co.) classified GC (General Commercial) and zoned C-4 (General Commercial) East: Developed property (mobile home park) classified Commercial and zoned GC (General Commercial - Palm Beach County West: Right-of-way of Dixie Highway, further west F.E.C. Railroad right-of-way, then Seacresr Scrub Preservation Area Page 2 CKS, Inc. File Numbers: AxNEX 02-001 and LUAR 02-00 PRO.FECT ANALYSIS Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to rev/ew the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as this petition is consistent with the city's Comprehensive Plan Furore Land Use Map desig-nat/on for properties to be annexed within this vicinity. Instead, staff analysis will relate to consistency w/th other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. This commercial property is less than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance review" by the Flor/da Department of Community Affairs (DCA). This means that the proposed amendment, if desired by the city, will be adopted first, then forwarded to the DCA for their records ("large-scale" amendments cannot be adopted until found "in compliance" by the DCA). The annexation of this parcel is consistent with the only policy within the comprehensive plan on annexation. Policy 8.10.4, which requires the establishment of an annexation program, promotes orderly annexation, and prohibits the creation of new enclaves. The annexation of the subject property will further the efforts of the annexation program through reduction in the number of enclave properties. State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners. Currently, objectives of the annexation program include annexing ali enclaves less than I0 acres, and to incrementally annex enclave properties with the intent to reducing them below the 10- acre threshold. The requested land use and zoning is consistent with the recommendations of Section VIII Land Use Problems and Ocnortunities, sub-sect/on 1.q., found in the support documents for the 1989 City Of Bovnton Beach Comprehensive Plan. In connection with previous annexat/on.'studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issubs related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) 2) 3) The enclaves are ali immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serve adjacent unincorporated properties; and Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire/EMS only). With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed the project and determined that it meets Traffic Performance Standards of Palm Beach County. However, with respect to water and wastewater utilities, the review of the proposed site plan (which was to have been re'dewed concurrently with the subject applications) identified the absence of wastewater lines directly accessible to the subject property. As part of site plan approval, access to city utilities, or an acceptable alternative, must be desig~aed. The review of the site plan application has been delayed to allow for project engineers to evaluate and address this situation. Page 3 CKS, Inc. File Numbers: ANEX 02-0'01 and LUAR 02-001 C O NCLUSI ONS/REC O~ll~l'E ~N'DATI ONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subjeot request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they wiII be included as Exhibit "B". ATTACI--kMENTS ~ j.9 ,;I N.-RD ATAxP~a~ nih g\Hu ciao n\C i(S Inc\LU A.R~.staff rc"~ort ~'oc Location Map CKS Inc. EXHIBIT "A" ,t / 1600 2400 Feet LN ORDINANCE NO. 02- O~© AN' ORDINANCE OF THE CITY OF BOY-NTON BEACH, FLORDA, REGARDING THE APPLICATION FOR REZONTNG BY CKS, INC.; AMENDING ORDINANCE 91-70 OF SAD CITY BY KEZOND'.JG A TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM CG (GENERAL COMMERCIAL - PALM BEACH COUNTY) TO C-4 (GENERAL COMMERCIAL CITY); PROVDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTWE DATE. WHEREAS, the inhabitants of said City to forth. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 91,70, in which a :Revised Zoning Map was adopted for said City; and WHEREAS, Jeffrey Smith, JMS Designi Inc.,, as agent for CKS, Inc., owner of the )roperty more particularly described hereinafter, has heretofore filed a Petition, pursuant o Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain tract of land consisting of 0.67 acres, said land being more particularly described hereinafter, frOm CG (General Commercial - Palm Beach County) to C-4 (General Commercial - City); and City deems it in the best interests of the ~said Revised Zoning Map as hereinafter set NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The following described land, located in the City of Boynton Beach, Florida as set forth as follows: Lot 44, amended plat of Trade Winds Estates, according to the plat thereof as recorded in Plat Book 21, Page 73 of the Public Records of Palm Beach County, Florida. )e and the same is hereby rezoned from CG (General Commercial - Palm Beach County) to 2-4 (General Commercial - City). A location map is attached hereto as Exhibit "A" and made part of this Ordinance by reference. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended .ccordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby )ealed. Section 4: Should any section or provision of this Ordinance or any portion thereof ~e declared by a court of competent jurisdiction to be invalid, such decision shall not affect the of this Ordinance. Section 5: This ordinance shall become effective immediately upon passage. FIRST READING this "/ day of ['"1 ~,q ,2002. SECOND, FINAL READING and PASSAGE|this day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) s:ca\OrdkRezming CKS, Inc. Location Map CKS Inc. EXHIBIT "A" Feet ~,00 LN L Requested City Commission Meetin~ Dates [] March 19.2002 [] April 2, 2002 [] April 16,2002 [] May 7, 2002 CITY OF BOYNTON BEACH -AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17.2002 (5:00 p.m.) Requested City Commission MeetineDates [] May 21, 2002 [] June 4, 2002 [] June 18,2002 [] July 2,2002 X.I.I'. - LEGAL ITEM B.! Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Un£mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: EXPLANATION: PROGRAM IMPACT: FISCAL IMPACT: Approve amendment to Section 141 of the Charter of the City of Boynton Beach to comply with State Statute. The purpose of the amendment is to resolve a conflict, clarify the intent of this section and to comply with Florida State Statute. N/A N/A ALTERNATIVES: Deparnnent Head's Signature City Clerk's Office Department Name ~ - -City Manager'~ Signature City Attor~ ? l~inance/Human Resources SACC\WP\CCAGENDAkAgenda Request MernoskAgenda Item Request Form to amend Section 141 .dot S:\BULLETINLFORMSkAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O2- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING PART I, ARTICLE VII. ELECTIONS, SECTION 141 TO CLARWY LANGUAGE AND TO CONFORM WITH FEDERAL, STATE AND COUNTY ELECTION DATES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE . WHEREAS, the City Commission has determined that language in Section 141 the Charter relating to municipal election dates and mn-off election dates were in conflict with language in Section 139 of the City Charter, as well as dates for federal, state and county elections; and WHEREAS, the City Commission, upon recommendation of staff, deems it to be to amend Section 141, to clarify the intent of the Section as well as to with election dates for federal, state and county elections; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. Section 141 of the Charter of the City of Boynton Beach, Florida amended by adding the words and figures in underlined type, and by deleting the and figures in struck-through type, as follows: Sec. 141. Regular municipal election, date; qualification of electors for Councilmen; method of holding elections, special elections. Regular municipal elections shall be held on the sec-em~ first Tuesday aRer the first Monday in November in an election year. In the event a mn-off election is r.equired as specified in section 139 hereof, said election shall be held-~s-the ............. j ............. on the fourteenth day after the first election. The City Council shall prescribe, by ordinance, the method and manner of holding all elections in said City, and shall provide when and how special elections shall be called and held, which are not provided by the terms of this Charter, and all elections shall be conducted substantially on the principle adopted for state election insofar as there are no conflicts with the terms of this Charter. Section 3. In the event of a conflict between the provisions of this ordinance any other provision of the City Code, City Charter, ordinance or resolution, this ordinance shall control. Section 4. Authority is hereby given to codify this Ordinance with specific authority granted to add notations to conflicting provisions of the City Code or Charter. Section 5. This Ordinance shall become effective immediately upon passage FIRST READING this day of May, 2002. SECOND, FINAL READING AND PASSAGE this day of June, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ;T: Clerk Commissioner 5:ca~ordLa, mending Section 141 - Charter051302 Requested City Commission Meetin~ Dates [] March 19. 2002 [] April 2, 2002 [] Apdl I6, 2002 [] May 7, 2002 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH .AGENDA ITEM REQUEST FORM XlI. - LEGAL ITEIq B.2 Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17,2002 (5:00p.m.) Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] May 21. 2002 May 8, 2002 (5:00 p.m.) [] June 4, 2002 May 22, 2002 (5:00 p.m.) [--- June 18, 2002 June 5. 2002 (5:00 p.m.~~->. ':~ - - [] July 2. 2002 June 19, 2002 (5:00 p.rn;2~ -' '7 [] Administrative [] Developmem Plans [] Consent Agenda [] New Business [] eublicHearing [] Legal [] Bids [] Unfmished Business [] Announcemem [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the May 21, 2002 City Commission Agenda under Legal, Ordinance - First Reading. This request was approved at the May 7, 2002 City Commission meeting under Public Hearing. For further details pertaining to the request, see attached Department of Developmem Memorandum No. PZ 02-078. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: PACKAGING CONCEPTS (A_BAN 02-001) QUANTUM PARK LOT #47 Andrew Blasi, Esq. PJM & Associates Inc. Lot 47 Quantum Park Request for abandonment of a 1 O-foot Water Main Easement. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A Devel~ffrt~t l~e~'rt~n~n~-Du:ector City Manager's Signature Planning and Zonin~ ~ector (~/ City Attom~J~ / Finance / Human Resources J:\SHRDATA~Planning\SHARED\WP~ROJECTSkQuanmm Park Lot 47 (Pkg Concepts)~d3AN 02-001XAgenda Request Aban Pkg Concept Quantum 47Legal-Ordinance 1st reading 5-21-02.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A TEN FOOT WATER MAIN EASEMENT (ORB6689, PAGE 629) BEING A PORTION OF LOT 47-B, QUANTUM PARK, MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY; AND PROVDING AN EFFECTIVE DATE. WHEREAS, Andrew B. Blasi of Shapiro, Blasi, Dector & Piazza, P.A., agent for PJM & Associations, L.C., submitted this requires to abandon a 10 foot wide water line easement (per the Official Record Book 6689, Page 629, Palm Beach County, Florida; and WHEREAS, comments have been solicited from the appropriate City Departments, and public heatings have been held before the City's Planning and Development Board and the City Commission on the proposed abandonment; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF Tl:iE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida by and through its City Commission, does hereby abandon a 10 foot water main easement being a portion of Lot 47-B, Quantum Park, Boynton Beach, Florida and more particularly described herein as Exhibit "A", and subject to all staff comments. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 3. This Ordinance shall take effect immediately upon passage. FIRST READING this __ day of May, 2002. SECOND, FINAL READING AND PASSAGE THIS 2002. __day of June, CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk s: c a\OrdinanceskAbandonmen t\ 10 foot water main easement - Quantum Lot 47-B EXHIBIT "A" That certain ten (10') foot Water Main Easement recorded in Official Record Book 6689, Page 629, Public Records of Palm Beach County, Florida, and lying in a portion of Lot 47B of Quantum Park at Boynton Beach, P.I.D., Plat No. 10, according to the plat thereof as recorded in the Public Records of Palm Beach County, Florida, Plat Book 60, Page 34 containing in all 2,220 square feet anchor 0.05 acres more or less ~ L.A~ / ,/ LOCATION MAP Packaging Concepts r r'~uANTU M pARI'~]. I:= L.J III 1/8 MILES DISCLAIMER 'KNOW ALL MEN BY THESE PRESENTS that the City of Boynmn Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a 10 foot water main easement in a portion of Lot 47-B, Quantum Park recorded in Plat Book 6689, Page 629, Public Records of Palm Beach County, Florida, more particularly described herein as Exhibit "A". 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 ,2002. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito Interim City Clerk Gerald Broening, Mayor STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared GERALD Broening and JANET PRAINITO, Mayor and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this __ day of ,2002. NOTARY PUBLIC, State of Florida My Commission Expires: EXHIBIT "A" That certain ten (10') foot'Water Main Easement recorded in Official Record Book 6689, Page 629, Public Records of Palm Beach County, Florida, and lying in a portion of Lot 47B of Quantum Park at Boynton Beach, P.I.D., Plat No. 10, according to the plat thereof as recorded in the Public Records of Palm Beach County, Florida, Plat Book 60, Page 34 containing in all 2,220 square feet and/or 0.05 acres more or less .- I LOCATION MAP Packaging Concepts cITY EXHtSIT "A" / / f R '0 1/8 MILE DEVELOPMENT DEPARTMENT MEMORAzNDUM NO. PZ 02-078 TO: THRU: Chairman and Members Planning and Development Board Michael W. Rumpf Planning and Zoning Director FROM: Eric Lee Johnson Planner DATE: SUBJECT: April 17, 2002 Quantum Park Lot #47 (Packaging Concepts) ABAN 02-001 NATURE OF REQUEST: The applicant applied for an abandonment of the water main easement on February 15, 2001. Andrew B. Blasi of Shapiro, Blasi, Dector, & Piazza, P.A., agent for PJM & Associates, L.C., submitted this request to abandon a 10-foot wide water line easement (per the Official Record Book 6689, Page 629). The attached Exhibit "A" shows the location of the applicant's property, and includes a diagram of the specific easement to be abandoned. BACKGROUND: The existing 25,838 square-foot office / warehouse building was approved by the City Commission on September 19, 1995 per site plan application NWSP 95-007. On Apdl 3, 2001, this project was approved for a one-stow 28,000 square-foot office / warehouse addition to the existing office/warehouse facility, for a total building area of 53,838 square feet. The project's total building area and phasing has been modified slightly since last site plan approval. Also, concurrent with this review of the abandonment, is a request for a one (1)-year site plan time extension. If approved, the site plan expiration date (for the building addition), including concurrency certification would be extended to April 3, 2003 (see Exhibit "A" - Location Map). currently, the total proposed building area would be 53,050.5 square feet with 23,432.5 square feet to be constructed during Phase I and 3,780 square feet to be constructed dudng Phase II. The developer is requesting the abandonment of the above-referenced 10-foot dedicated water line easement located "under" the proposed addition in order to facilitate the expansion of the project. The following is a description of the zoning districts and land uses of the properties that surround the subject request (see Exhibit "A" - Location Map). ADJACENT USES: (see Exhibit "A" - Location Map) North: Park Ridge Boulevard, and further north Publix Distribution Center; South: Boynton Beach C-16 Canal; East: Quantum Park PID Lot 48, Vacant; and West: Quantum Park PID Lot 47-B, Flowers Baking Company / Quantum Park PID lot 47-C, Safety Kleen Systems. Page 2 Memorandum No. ABAN 02-001 PZ 02-078 ANALYSIS: During the process of assembling the construction documents necessary to submit for building permits, an error in the title work was discovered. An existing water main easement was found which is located in the proposed building expansion area. The drawings had to be revised and approval had to be obtained from the Quantum Community Development Distdct to relocate the easement. The direction of the subject water easement currently runs 222 feet in an east-west direction. The intent is to abandon the existing easement and relocate it farther south along the property line (See Exhibit "B"). All building construction will be contingent upon approval of this request to abandon this water line easement. The water lines wilt be rerouted to run southward along the Beta Drive right-of-way and then westward and eventually circle the proposed building addition. Direct notice was given to the property owners that abut the subject easement. This request has also been advertised in the newspaper. The City departments and utility companies (identified below), who participate in the review of these types of requests have been duly notified and have responded as follows: CITY DEPARTMENTS Engineering Utilities Planning and Zoning No objection Pending approval No objection PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) Pending approval Pending approval Pending approval Pending approval Pending approval RECOMMENDATION: Staff reccmmends that this request to abandon and relocate the water line easement be approved, subject to the comments included in Exhibit "C" - Conditions of Approval. Any additional comments recommended by the Planning and Development Board or by the City Commission will be placed in the Conditions of Approval. xc: Central File j:~SHR. DATAkPlarming~SHARED',WI~ROJECTS~Quantum Park Lot 47 (Packaging Concmpts)kA.BAN 02-O01~StaffReportdoc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Packaging Concepts APPLICANT'S AGENT: Andrew B. Blasi APPLICANT'S ADDRESS: 7900 Glades Road, Suite 300 Boca Raton, FL 33434 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: 5/7/2002 TYPE OF RELIEF SOUGHT: Abandon and relocate a :10-foot wide water line easement LOCATION OF PROPERTY: Lot 47 Quantum Park PID 4925 Park Ridge Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". 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. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk \\CH\MAIN\S-tRDATA\Planning\SHARED\WP\PROJECTS\Quantum Park Lot 47 (Packaging Concepts)',ABAN 02-001\DO.doc LOCATION MAP Packaging Concepts c~vX. EXHIBIT "A" / / IYNT( 01= COMMIE ~uANTIJ ~/1 pARK) ......... pU EEC R 1/8 MILES DESCRIPTION & SKE', ~H PREPARED FOR: PJM & ASSOCIATES LC WATER MAIN EASEMENT RELEASE EXHIBIT "B" PACKAGING CONCEPTS SPTE 02-001 EXISTING EASEMENT ~,L DESCRIPTION G A PORTION OF AN EXISTING 10 FOOT WIDE WATER MAIN EASEMENT RECORDED IN OFFICIAL ORD BOOK 6689, PAGE 629, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND LYING IN A TION OF LOT 47-B, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 10, ACCORDING TO THE PLAT =`EOF AS RECORDED IN PLAT BOOK 60, PAGE 34, PUBLIC RECORDS OF PALM BEACH COUNTY, =,IDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: IMENCING AT THE SOUTHEAST CORNER OF PJM AT QUANTUM PARK, ACCORDING TO THE PLAT ,:=,EOF AS RECORDED IN PLAT BOOK 76, PAGE 50, PUBLIC RECORDS OF PALM BEACH COUNTY, =,IDA; THENCE NORTH 88' 50'S4" WEST ALONG THE SOUTHERLY LINE OF SAID PJM AT QUANTUM PARK STANCE OF 15.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 88' 50'54" WEST NG SAID SOUTHERLY LINE AND THE WESTERLY PROLONGATION OF SAID SOUTHERLY LINE A 'ANCE OF 222.00 FEET TO A POINT IN THE EAST LINE OF THE WEST 8.5.12 FEET OF SAID LOT 47-B, .NTUM PARK AT BOYNTON BEACH; THENCE SOUTH 01' 09'05" WEST ALONG SAID LINE A DISTANCE OF ?'~EET; THENCE SOUTH 88' 50'54" EAST A DISTANCE OF 222.00 FEET TO A POINT ON THE WEST LINE OF J.0 FOOT UTILITY EASEMENT; THENCE NORTH 01' 09'05" EAST ALONG SAID WEST LINE A DISTANCE 0.00 FEET TO THE POINT OF BEGINNING. [TAINING in ali 2,220 sq. ft. and/or 0.05 acres, more or less. VEYOR'S NOTES: {IS DRAWING IS NOT A SURVEY. 3 SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. ~E DESCRIPTION SKEI'CH AND THE DESCRIPTION TEXT COMPRISE THE 3MPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS }TH ACCOMPANY EACH OTHER. :;' tis LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE =,IGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED f LIDBERG LA.J~3'$~RVEYING, INC. ~TE OF L~DE ~C~IPTION: , 0~1/02/2002 ? ' 'DA CERTIF~(3'ATE,No. 3613 LEGEND: LB = LICENSE BUSINESS LS = LICENSE SURVEYOR ORB =OFF1CIALRECORD BOOK PB =PLATBOOK POB = POINT OF BEGINNING · POC = POINT OF COMMENCEMEN' ROW = RIGHT-OF-WAY UE = UTILITY EASEMENT LIDBERG LAND, l,c., CAD K.'~,UTOCAD2000t174543[00-253tA00-253A REF K:~UTOCADt 00,253-303A 0tlON02 DESCRIPTION & SKF-SI ~H PREPARED FOR: PJM & ASSOCIATES L.C WATER MAIN EASEMENT RELEASE EXHIBIT "B" PACKAGING CONCEPTS SPTE 02-001 EXIST1NG EASEMENT 'oF PLAT BOOK 76, PAGE 50 10' WATER LINE ~SEMENT O.R.B. 6689, PG. 629 BEGINNING 222.00 N88~50'54"W P~T BOOK 60, PAGE 34 · QUANTUM PARK AT BOYNTON B~CH, · , 40 20 0 40 GRAPHIC SCALE 1N FEET SCALE: 1" = 40' LIDBERG LAND ~ K:~AU3'OCAD2OQOH 74543'~00-253~A00'253 A ~ REF K:~AUTOCAD~,~ _--.~'..__--=_ ~ FLD~. PG. JOB 00.253-303A _ OFF n==tr'= J DATE 0'1102./02 DESCRIPTION & SKETCH PREPARED FOR..' PJM & ASSOCIATES LC WATER MAIN EASEMENT EXHIBIT "B': PACKAGING CONCEPTS SPTE 02-001 PROPOSED EASEMENT -'GAL DESCRIPTION · 12 FOOT WIDE AND 10 WIDE STRIP OF LANO BEING A PORTION OF LOTS 47-8 AND 47-0, QUANTUM PARK AT BOYNTON BE&CH, .I.D. PLAT NO. 10, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 60, PAGE 34, PUBLIC RECORDS OF PALM EACH COUNTY, FLORIDA, ~ND HEREIN DESCRIBED IN TWO PARTS REFERRED TO AS EASEMENT "A" AND "B", THE CENTER LINES ;F WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ASEMENT "A" ;C MMENCING AT THE SOUTHEAST CORNER C F SAID LOT 47-8, QUANTUM PARK AT BOYNTON BEACH; THENCE NORTH 88"50'54" '¢EST, ALONG THE SOUTH LINE OF SAID LOT 47-8, A DISTANCE OF 15.00 FEET TO A POINT ON THE WEST LINE OF A 15 UTILITY :ASEMENT RUNNING PARALLEL AND ADJACENT WITH BETA DRIVE AS SHOWN ON SAID QUANTUM PARK AT BOYNTON BEACH, SAID OINT BEING THE CENTERLINE OF A 12.0 WIDE STRIP OF LAND AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 8°50'54" WEST A DISTANCE OF 26.31 FEET; THENCE SOUTH 01 '09'05" WEST A DISTANCE OF 33.69 FEET TO A POINT ON SAID 15 TILITY EASEMENT AND THE POINT OF TERMINUS. ~ASEMENT "B" ;OMMENCING AT THE AFOREMENTIONED TERMINUS POINT OF EASEMENT "A"; THENCE SOUTH 01"09'05" WEST RUNNING ACROSS , PORTION OF SAID 15 UTILITY EASEMENT A DISTANCE OF 70.09 FEET, TO A POINT ON THE SOUTHWESTERLY LINE OF SAID 15 .nOT UTILITY EASEMENT AND THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED CENTERLINE OF A 12.0 FOOT WIDE EMENT; THENCE SOUTH 01'09'05" WEST A DISTANCE OF 53.88 FEET; THENCE NORTH 88'50'54" WEST A DISTANCE OF 78.18 FEET ~ A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE SOUTH 01'09'05" WESTA DISTANCE OF 18.00 FEET; THENCE ONTINUING FROM THE AFOREMENTIONED POINT "A" NORTH 88'50'54' WEST A DISTANCE OF 112.51 FEET, TO A POINT IN A LINE .00 FEET EAST OF AND PARALLEL TO THE EAST LINE OF THE WEST 85.12 FEET OF SAID LOTS 478 AND 47-C, SAID POINT BEING ON 'HE CENTERLINE AND THE BEGINNING CFA 10 WIDE STRIP OF LAND; THENCE NORTH 01°09'05" EAST, ALONG SAID PARALLEL LINE . DISTANCE OF 229,19 FEET TO A POINT IN A UNE 71.53 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID LOT 47-8 AND 'HE POINT OF TERMINUS. :ONTAINING IN ALL 6,689 SQ. FT. AND/OR 0.15 ACRES, MORE OR LESS. dRVEYOR'S NOTES: THIS DRAWING IS NOT A SURVEY, NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SF_~L.GF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY LIDBE'~D SURVEYING, INC. DATE OF LE~~ .IDBERG~ LEGEND: LB = LICENSE BUSINESS lS = LICENSE SURVEYOR ORB = OFFICIAL RECORD BOOK PB = PLAT BOOK PCB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT ~O~O~ URVEYOR AND MAPPER ~' ~ORIDA CERTIFICATE No. 3613 I CAD K:~,UTOCAD2000~174543\00-253~,00-253 ! ND .LIDBERg LA [_ ·, FLD JOB 00-253-303 S .w No_ ,.,,,,,,,,'.,..".-' ','--- ,.,,,.- ....... · DESCRIPTION & SKETCH PREPARED FOR: PJM & ASSOCIATES LC WATER MAIN EASEMENT EXHIBIT "B,, PAO~AGING CQNOF:PTS SPTE 02-001 PROPOSED EASEMENT POINT OF. TERMINU$%"x I PLAT BOOK 76, PAGE SO .~.2_4.0_1'--~ PJM AT QUANTUM PARK t ii L- -- 10' WATER LINE EASEMENT O.R.B. 6689, PG. 629 ..... 15' UTILI~ ~SEMENT PER ~ P~T BOOK 60, PAGE 34 ~ REMAINDER OF I ~ ~ LOT ~-~ P~T BOOK 60, PAGE 34 QUANTUM PARK AT BOYNTON B~CH, -~ 0 ~ . -- , ~ ~ P~TBOOK60, PAGE34 >~ ,/ / ~ ~ ~ ~ QUANTUM PARKAT BOYNTON B~CH, ~ ~ i m / ~ I !~1~- ~ ~ ~.oo. ~ , !: ~ ~ '1I · ~ ~ I ~ . , ~ ~ I, , ~ .o,.~-.- / G~PHiC SCALE IN FE~ SCALE: 1" = 40' I/ LIDBERG LAND RVEYINGi,' I.c., CAD K:~,UTOCAD2000\ 174543\00-253~A00-253 REF K:\AUTOCAD\ FLD FB. PG. JOE) 00..253.-303 _ DATE 01102/02 OFF S.F.B. CKD n,"~ i SHEET ? OF ,~ OWO Anrl-253 EXHIBIT "C" Conditions of Approval Project name: Packaging Concepts File number: ABAN 02~001 Reference: Abandon and relocate water line easement for Lot 47 Quantum Park PID DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X [ FIKE Comments: None X POLICE X Comments: None ENGINEE~G DMSION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 1. Project will require approval from the City of Boynton Beach Utilities X Division. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 2. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 3. To be determined. J:\SHRDATA\Planning\SHARED\WP~PROJECTS\Quantum Park Lot 47 (Packaging Concepts)~ABAN 02-001\Condition of Approval.doc Requested City Commission Meetin~ Dates [] March 19,2002 [] April2. 2002 [] April 16, 2002 [] May 7, 2002 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meetin~ Dates [] May 21, 2002 [] June 4, 2002 [] June 18, 2002 [] July 2, 2002 XII. - LEGAL ITEM D.1 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: The Code Compliance Board determined the lien in Code Compliance case #01-100 be reduced from $8,775.00 to the administrative costs of $730.15. The decision to reduce the lien passed 5-2, and was based primarily on the fact the applicant, Ms. Goldschmidt, was not the violator and is attempting to purchase the property before the bank forecloses. EXPLANATION: During the May 7, 2002 City Commission meeting, Ms. Goldschmidt spoke during the "Public Audience" portion of the agenda concerning her recent "Lien Reduction" hearing. She expressed a desire to have the administrative costs ($730.15) currently levied against the property eliminated. Her rationale is that she spent money getting the case before the Code Compliance Board and she could use the funds to further renovate the house. PROGRAM IMPACT: Reduction and/or elimination of this lien will benefit the City in terms of turning a vacant, run down property into a owner occupied residence. The applicant has demonstrated a serious commitment in not only getting the house, but in renovating it to a standard we desire. FISCAL IMPACT: Ratification of the Board's decision would recoup our costs in this case, but eliminating the fine entirely would not adversely impact the City. ALTERNATIVES: Confirm the Board's decision or modify it not to exceed $8,775.00 plus the $730.15 in administrative costs. Department Head's Signature Department Name City Manager's Signature City Attorney / Finance / Human Resources S:X, BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC BOYNTON BEACH POLICE DEPARTMENT Marshall B Gage Chief of Police Code Compliance Division Scott Blasie, Administrator 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 (561)742-6120 Fax: (561)742-6259 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: MayT, 2002 To: City Commission From: Code Compliance Division RE: Code Compliance Case #01-100 In accordance with Ordinance Number 001-07, the enclosed "Final Lien Modification Order" is hereby forwarded to you for review. As required by Ordinance number 001-07, the following procedures are to be followed: Q A City ~2ommissioner has seven (7) days from the rendition of the Order to request the City Manager's Office to place the case on a City Commission Agenda for review. (Space provided below for transmittal purposes) Said review must occur within thirty. (30) days of the request for revtew. ca Upon such review, the City Commission may take one of the following actions: a. Uphold the Code Compliance Board's recommendation in full. b. Over-rule the Board's decision in full. c. Modify the Board's Final Order. ca The City Commission shall direct staff to take action consistent with their review of the "Lien Modification Order." I, ~,...~r,.Cq,c\k5 C~No~k,V2.. , hereby request the City Manager's office to place the above referenced case on the next available City Commission Agenda for review. Signed on this date, the co day of ,200~ CITY OF BOYNTON BEACH, FLORIDA - CODE COMPLIANCE BOARD CASE NO. 01-100 Petitioner, vs. JOHN P. COSTANZO Respondent(s). LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on May 2. 2002, pursuant to Chapter two, Article five of the City Code of Ordinances. The Board having considered the application, all the facts regarding the specific code or codes the appealing party was in violation of, the date of the original board hearing, the date the affidavit of compliance was issued, the current lien amount and all pertinent information relating to the specific case and being otherwise duly advised in the premises, it is hereupon, ORDERED AND ADJUDGED that: 1. This Board has subject matter jurisdiction of this cause and jurisdiction over the Respondent. 2. The Respondent has met all the lien reduction procedures established by the City Code of Ordinances. 3. The lien imposed by the Board on July 18, 2001, on the Property located at 515 NW 8th Court, Boynton Beach, Florida, with the legal description of: GORDON PARK LT 2 according to the plat thereof as recorded in ORB 08956, Page 0701, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-20-15-000- 0020, is REDUCED TO $730.15. 4. The City shall prepare a release and satisfaction consistent with this Order. 5. The release and satisfaction shall be recorded in the public records of Palm Beach County at the Respondent's expense. 6. This Order is not final until the time per/od for appeal under the Code has elapsed and if appealed is properly disposed by the City Commission. DONE AND ORDERED after heating at City of Boynton Beach, Palm Beach County, Florida this"'~'~Jlday of ~ ,2002. ATTEST: copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent S:ca/deprs,'police/Lien Modification Order Form MINUTES OF THE CODE COMPLIANCE BOARD SPECIAL LIEN REDUCTION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA - ON THURSDAY, MAY 2, 2002 AT 2'00 P M ~.~ .......................................................... -'_' ....'__:: ....................... Present Chris DeLiso, Chairman Bob Foot Patti Hammer, Vice Chair Enrico Rossi Dee Zibelli Michele Costantino, Alternate Dave Rafkin, Alternate Absent James Miriana Tom Walsh CALL TO ORDER David Tolces. Assistant City Attorney Pete Roy, Code Inspector Motion Vice Chair Hammer moved to accept the subject minutes. motion that carried unanimously, II1. AGENDA APPROVAL - None Ms. Zibelli seconded the IVo ROLL CALL The Recording Secretary called the roll and noted that a quorum was present. V. SWEARING IN OF.WITNESSES The Recording Secretary administered the oath to all persons who would be testifying. VI, OLD BUSINESS A. LIEN REDUCTIONS Case No.01-100 John P. Costanzo 515 N.W. 80~ Court Inspector Roy reported that this property had originally been cited for violations of the Community Appearance Code on January 22, 2001. A Code Compliance Board hearing was held on April 18, 2001 and the Respondent did not appear. The property was to be brought into compliance by May 14, 2001 or a fine of $25.00 per day plus administrative costs would be applied. The property came into compliance on May 1, 2002. There Chairman DeLiso called the special meeting to order at 2:01 p.m. II. APPROVAL OF MINUTES OF APRIL 25, 2002 Meeting Minutes Code Compliance Board Boynton Beach. Florida April 25. 2002 Motion Based on the testimony and evidence oresented in Case No. 01-100, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances. Vice Chair Hammer moved thai this Board reduce the fines instituted in Case No. 01-100. by virtue of this Board's Order of April 18 2001, to $250 plus administrative costs. At this point Vice Chair Hammer declared that she wished to change that to $730,15 total Ms. Zibelli seconded the motion. Mr. Foot felt that Ms. Goldschmidt was deserving of the Board's sympathy, but was concerned about the effect the house's condition had on the neighbors. There were no neighbors present to air their feelings, but Mr. Foot believed that the Board Nad an obligation to protect them and to uphold the pertinent laws. He urged the other Board members to vote no on this motion and allow a larger fine to be applied. The Recording Secretary polled the vote and the motion passed 5-2 (Messrs. Foot and Rossi dissenting.) Ms. Zibelli expressed her belief that the Board had been advised repeatedly that they were not there to punish people who were making an effort to comply. She believed that the applicant had put forth a lot of effort and that the property looked nice. Ms. Goldschmidt brought the property into compliance, cleared up the other liens, and Ms. Zibelli was confident that the Ms. Goldschmidt would continue to improve the property. Mr. Foot stated that it was not a political group. They were not making law and not discussing alternatives. They were a judiciary body and had to consider the law, not what felt good to them. Ms. Zibelli reiterated her reasons for voting yes on the motion and Mr. Foot stated, "You're a warm fuzzy but you're not a judge." Ms. Zibelli said, "Neither are you my dear," and asked that this exchange be put in the minutes. The Board Attorney advised MS.` Goldschmidt that during the five-day appeal period following the completion of the minutes and the signing of the Board Order, the City Commission could ask to hear the case. If they did not, the lien reduction would go into effect. VII. ADJOURNMENT Since there was no further business before the Board, the meeting was duly adjourned at 2:20 p.m. Respectfully submitted, Susan Collins Recording Secretary (one tape) (050202)