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Agenda 06-04-02 The City of B 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA JUNE 4, 2002 Gerald Broening Mayor At Large Ronald Weiland Vice Mayor District I Mack McCray Commissioner District II Mike Ferguson District III Charlie Fisher Commissioner District IV Kurt Bressner City Manager Visit our Web site www.boynton-beach.org WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTZCIPAI"ZON AT 'CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, Which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · ¥oice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. 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 jurisdiction 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 COMMISSION: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person 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 Holidays/Election Day). CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA .1une 4, 2002 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation/Moment of Silent Prayer C. Pledge of Allegiance to the Flag led by Commissioner McCray D, IF YOU WISH TO ADDRESS THE COt-IMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM · GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COI4PLETED · COME TO THE PODIUI4 WHEN THE MAYOR CALLS YOUR NAI4E INDMDUALS HAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Ado ption II. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS III. IVg Appointment To Be Made OTHER: A. Informational Items by Members of the City Commission ADt4INISTRATZVE: A. Accept resignation of Wilbur .1. Lynch, Regular Member, Board Appointments to be made: Board Employees' Pension Length of Term Expiration Date II McCray Children & Youth Advisory Bd Stu/Reg/Voting 1 yr term to 4/03 Tabled (2) Agenda Regular City Commission Meeting Boynton Beach, Florida 3une 4, 2002 IV Fisher III Ferguson IV Fisher III Ferguson IV Fisher II McCray I Weiland I Weiland IV Fisher Mayor Broening V. Bldg. Bd of Adj & Appeals Community Relations Board Community Relations Board Education Advisory Board Education Advisory Board Employees' Pension Bd Library Board Nuisance Abatement Board Senior Advisory Board Senior Advisory Board ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: None B. Presentations: 1. Proclamations: Alt Alt Alt Stu Stu Reg Alt Alt Alt Alt a. Chamber of Commerce Week - June 2-8, 2002 1 yr term to 4/03 I yr term to 4/03 Tabled (2) i yr term to 4/03 Tabled (2) 1 yr term to 4/03 Tabled (2) 1 yr term to 4/03 Tabled (2) 3 yr term to 4/05 1 yr term to 4/03 Tabled (2) I yr term to 4/03 Tabled (2) I yr term to 4/03 Tabled (2) I yr term to 4/03 Declaring Mother's Day & Father's Day as two-day events within the City of Boynton Beach Presentation by Ben Bryant, MADDADS Presentation of donation to .lean Wicken, Executive Director of the Susan G. Komen Breast Cancer Foundation, on behalf of The Links at Boynton Beach, the Ladies & Men's Golf Associations, and the players Presentation of sculpture, entitled the Liberty Statue, to City Commission by Kristina Kramer PUBLZC HEAR]:NG: None 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS 2 Agenda Regular City Commission Meeting Boynton Beach, Florida 3une 4, 2002 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 comments, A. Minutes: Agenda Preview Conference of May 20, 2002 Regular City Commission Meeting of May 21, 2002 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2001-2002 Adopted Budget Approve purchase of 15 Model Year 2003 Club Cars to replace 15 Model Year 1997 Club Cars for the Golf Course Award the "ANNUAL CONTRACT FOR CLEANING CHEMICALS AND JANITORIAL SUPPLIES" to various vendors, for an estimated expenditure of $40,000 Award the "EZELL HESTER, JR. PARK FOOTBALL FIELD PRESSBOX" bid to POM BUILDERS, INC., in the amount of $166,030 (Bid #035-2413-02/KR (Proposed Resolution No, R02-086) Approve the purchase of 83 REPLACEMENT COMPUTERS AND 3 WORKSTATION COMPUTERS, in the amount of $88,605, from DELL COMPUTERS, utilizing STATE CONTRACT #250-040-99-1 Approve CHANGE ORDERS #1 THRU #3 to EDWARD LAMONS WELDING & DESIGN for repair of damaged dumpsters (Bid #092-2510-01/KR) for the cumulative amount of $24,500 Approve the purchase of Microsoft Enterprise Agreement software licensing from Software House International, in the amount of $131,944 (Proposed Resolution No. R02-087) Approve the purchase of a XIOtech Magnitude Storage Area Network through GSA Schedule 35F-4710H, in the amount of $99,744 Approve an agreement with Government Technology Resources for the development of a Web Content Management System for the City of Boynton Beach, in the amount of $15,000, as a "Sole Source" purchase (Proposed Resolution No. R02-088) A~enda Regular City Commission Meeting Boynton Beach, Florida June 4, 2002 VIII, Approve an agreement with Government Technology Resources for the development of an Internet Bill Payment Module, in the amount of $10,000, as a "Sole Source" purchase (Proposed Resolution No. R02- o89) C. Resolutions: Proposed Resolution No. R02-090 Re: Approving grant of easement with Property Reserve, :[nc. for a utility easement to serve the proposed Calvary Chapel project on Hypoluxo Road Proposed Resolution No.' R02-091 Re: Requesting the Florida Department of Transportation (FDOT) to convey surplus property to the City of Boynton Beach to be utilized for the purpose of preserving the Barton Memorial Park Cemetery D. Ratification of Planning & Development Board Action: The Watershed Act II, Inc., Quantum Park PID (Lots 48A, B & C) -_ Request Use Approval for a rehabilitative hospital within the Quantum Park PID on lots with a master plan designation of Office/Industrial (OI) E. Ratification of CRA Action: None CTTY MANAGER'S REPORT: None FUTURE AGENDA TrEMS: A. Discussion of water and wastewater rate options (June 18, 2002) B. Discussion of proposed Charter Review (June 18, 2002) Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section 11.3. Environmental Review and associated 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 O1/15/O2 (June 2002) E. Preliminary Fire Assessment Resolution (July 2, 2002) F. Approval of development plan - Marina Project (August 2002) A~enda Regular CityCommission Meeting Boynton Beach, Florida 3une 4,2002 AB XI, XII. G. Public Hearing to adopt Annual Fire Assessment Resolution (September 12, 2002) FRA Whistle Ban - Report (January 2003) - Delayed due to Federal Railway Administration Delay in Rulemaking DEVELOPMENT PLANS: None NEW BUSINESS: A. Cancellation of ]uly 16, 2002 City Commission meeting Discussion regarding City Commission expense allowance being revised each year on .luly i to reflect cost of living changes LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 02-021 Re: Amending Part I, Article VIT. Elections, Section 141, to cladfy language and conform with Federal, State and County election dates Proposed Ordinance No. 02-022 Re: Authorizing the abandonment of a 10-foot water main easement (ORB6689, PAGE 629) being a portion of Lot 47-B, Quantum Park (4925 Park Ridge Boulevard for Packaging Concepts) B. Ordinances - 1s~ Reading Proposed Ordinance No. 02-023 Re: Amending Chapter 2, Administration, Section 2-11, Naintaining Order, Decorum'at Commission Neetings Proposed Ordinance No. O2-024 Re: Amending Land Development Regulations, Chapter 2, Zoning, Section 6, to establish the Nixed Use-Low Intensity (MU-L) and Nixed Use-High Intensity (NU-H) zoning districts for the purposes of implementing the Federal Highway Corridor Redevelopment Plan Proposed Ordinance No. 02-O25 Re: Amending Land Development Regulations, Chapter 2, Zoning, Section 5, to establish the Infill 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 Agenda Regular City Commission Meeting Boynton Beach, Florida 3une 4, 2002 XIII. Proposed Ordinance No. 02-026 Re: Amending Chapter 18, Article II, Division 4 of the Code of Ordinances to provide a supplemental benefit to the retirees of the General Employees' Pension Plan Proposed Ordinance No. 02-027 Re: Amending Chapter 18, Article TI, Division 4 of the Code of Ordinances to amend the Pre- retirement Death Benefit of the General Employees' Pension Plan Proposed Ordinance No. 02-028 Re: Amending Chapter 18, Article TT, Division 4 of the Code of Ordinances to amend the deferred Retirement Option Plan ("DROP") of the General Employees' Pension Plan, specifically amending Section 18-127 to modify the investment options available to DROP members C. Resolutions: Proposed Resolution No. R02-092 Re: Authorizing Mayor to execute Partial Release of Lien for 1000 W. Industrial Avenue,- Boynton Beach Tndustrial Park North, Lots 5-8 D. Other: Authorize the City Attorney's office to initiate foreclosure action against the property located at 1102 North Federal Highway UNFINISHED BUSINESS: A. City Manager Employment Agreement Amendment AD3OURNMENT: NOT~CE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION W1TH RESPECT TO ANY MA'I-rER CONSIDERED AT THIS MEE-r[NG, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBA~M RECORD OF THE PROCEEDING IS MADE~ WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.s. 286.0105) THE CITY SHALL FURNISH APPROPPJATE AUX~L.[ARY AZDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WTI'H A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM~ OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT ]OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PR]OR TO THE PROGRAM OR AC'I-[VJq'Y IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL AGENDA 06/04/2002 10:15 AM S:\CC\WP\CCAGENDALAGENDAS\YEAR 2002\060402 F~NAL AGENDA.DOC 6 Boynton An Adult Community Since 1975 /~_~'~ ~IV. 1807 S.W. 1~ Boynton Beach (407) 732 ADMINISTRATIVE ITEM A. May 17, 2002 Barbara LaDUe Pension Administrator 100 E. Boynton Beach Blvd. PO Box 310 Boynton Beach, FL 33425-0310 Re: Letter of Resignation Dear Barbara: I am having increasing mobility problems; my legs are rapidly going bad. Therefore, I must resign from the Employee Pension Board effective immediately. I want to thank you for having me serve in the past 10 years. It has been a pleasure and if there is anything I can do in my condition, please call me. I will be happy to assist in any way I can. Sincerely, Wilbur J. Lynch President Boynton Leisureville Community Association Requested City Commission Meetin~ Dates [] March 19.2002 [] April 2. 2002 [] April 16, 2002 [] May 7, 2002 V,-ANNOUNCEMENTS & PRESENTATZONS tem B.l.a. CITY OF BOYNTON BEACI-] AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CiW Clerk's Office March 6.2002 (5:00 p.m0 March 20. 2002 (5:00 p.m.l April 3, 2002 (5:00 p.m3 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 ro Cit~ Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.~ June 5, 2002 (5:00 p.mo 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: Present Proclamation to Greater Boynton Beach Chamber of Commerce EXPLANATION: This proclamation has been requested in celebration of Chamber of Commerce Week, June 2-8, 2002. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None (7' Deparf'ment H~l's Signature Public Affairs Department Name Cit-j Manager's Signature City Attorney / Finance Human Resources S:\BULLET1N\FORMS~-GENDA ITEM REQUEST FORM.DOC Since it was incorporated more than 30 years ago, the Greater Boynton Beach Chamber of Commerce has provided leadership and benefits to stimulate the growth and development of its business members and the community. Its complement of full-time, part-time, and volunteer staff maintain a visible, well-organized presence that provides information to the public on business services and products offered by member businesses. As the sole business organization in the area, the Greater Boynton Beach Chamber of Commerce has taken a leadership role in promoting economic development in the City and adjacent communities through representation on numerous countywide boards. It has also forged a partnership with the City of Boynton Beach that has resulted in an unprecedented atmosphere of cooperation and a number of joint initiatives that have given added value to Chamber members and helped to improve the quality of life for all citizens. The Greater Boynton Beach Chamber of Commerce also helps to enhance the community's business climate through its Education Foundation. Members recognize the importance of education in attracting and retaining business, so they fund college scholarships to assist graduating high school students residing in Boynton Beach. Now, therefore, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Flodda, hereby proclaim June 2-8, 2002, to be observed as "Chamber of Commerce Week" and urge all citizens to recognize the benefits given to the community by the Greater Boynton Beach Chamber of Commerce. In witness whereof, I have hereunto set my hand and caused the seal of the City of Boynton Beach, Flodda, to be affixed at Boynton Beach, Florida, this 4· day of June, Two thousand two. ATTEST' Gerald Broening, Mayor City of Boynton Beach City Clerk (Corporate Seal) S:\CC\WP\CCAGENDA~Prodama~ons\Chamber of Commerce Week- 2002.doc V.-AH NOUNCEI~IENTS & PRESENTATIONS ~tem B.:t.b Americans celebrate both Mother's Day and Father's Day as a unique time to reflect on the importance of parents and honor their; vital role in shaping our lives. The role of parent is a unique blessing and a profound responsibility, which forms the foundation of our country's families and communities. During childhood, boys and girls look to their parents for a sense of security, warmth, attention, patience and understanding. As they mature, their parents contribute to their spiritual, emotional, physical, financial and social well-being. To meet these needs, parents today must increasingly balance the demands of work and family. For the health of our families, it is imperative that parents have the time, the support and parenting skills necessary to fulfill the needs of their children. As a society, we must support parents in fulfilling their responsibilities to their families. As the children of our parents, let us honor them for believing in our dreams and helping us to achieve them. Let us reflect on the importance of our parents as role models and express our gratitude for the many gifts they bring to our lives by passing on their legacy of love and caring to our own children. Now, therefore, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim "Mother's Day and Father's Day Weekends" In Boynton Beach, extending the length of each celebration by one day and urge all citizens to observe these weekends with appropriate ceremonies and activities that demonstrate our deep appreciation and abiding love for our parents. In witness whereof, I have hereunto set my hand and caused Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this thousand two. )f the City of June, Two ATTEST: Gerald Broening, Mayor City of Boynton Beach City Clerk (Corporate Seal) S:\CC\WP\CCAGENDA\Proclamations\Mother's Day Father's Day Weekend - 2002.doc Requested City Commission Meeting Dates [] March 19,2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 NATURE OF AGENDA ITEM CITY OF BOYNTON BEAC AGENDA ITEM REQUEST V. ANNOUNCEMENTS & PRESENTATIONS Item B.2 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 (5:0{3 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.) [] A~is~mive ~ Development Plus ~ Consent Agenda ~ New Bus.ess ~ ~blicHe~g ~ Legal ~ Bids ~ Unfmished Bus~ess ~ A~ouncement ~ ~esentation ~ CiW Manager's Report RECOMMENDATION: Approval of MAD DADS request for presentation to the City Commission EXPLANATION: Men Against Destruction Defending Against Drugs and Social Disorder (MAD DADS) has organized a chapter in Boynton Beach and would like to introduce the organizers and inform the Commission of the organization's mission and operation. In conjunction with the presentation a children's choir will perform a brief musical number. The MAD DADS program has operated a chapter in Delray Beach for the past several years. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Marshall B. Gage, Chief of Police City Manager's Signature Department Name City Attorney / Finance / Human ResOurces S:\BULLETIN~ORMS\AGENDA ITEM REQUEST FORM.DOC Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16,2002 [] May 7, 2002 V. ANNOUNCEMENTS & PRESENTATIONS Item B.3. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOlx . 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 [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Presentation of donation to Jean Wicken, Executive Director of the Susan G. Komen Breast Cancer Foundation, on behalf of The Links at Boynton Beach, the Ladies & Men's Golf Associations, and the players. EXPLANATION: On April 6, 2002 "The Links" sponsored a charity golf tournament, The 2nd Annual Links to the Cure, to support the Susan G. Komen Breast Cancer Foundation. The event raised $7,674.11 for this charitable cause. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None /D~artment Head s Signature Golf Course Department Name City Manager's Signature City Attomey/ Finance / Human Resources S:kBULLE~RN~. GENDA ITEM REQUEST FORM.DOC Requested City Commission Meeting Dates [] March 19, 2002 [] Apr/1 2, 2002 [] April 16, 2002 [] Ma~ 7, 2002 V. ANNOUNCEHENTS & PRESENTATIONS Item B.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cit'r 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.m3 June I9, 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: Presentation to City Commission by Kristma Kramer. EXPLANATION: During the Youth in Government Day Mock City Commission Meeting, Kristina Kramer presented to the City a wall sculpture that she made entitled the Liberty Statue. We invited her here tonight to officially present it to the Mayor & City Commission. Kristina is an 8t~ grade home-schooled student. Attached is an overview of her presentation. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:~BULLETIN~OR-MS~AGENDA ITEM REQUEST FORM.DOC September 11th of last year was a terrible time for our country. Lots of people felt angry, hurt, and betrayed. I decided to try to make something to encourage people to get beyond the worst of their hard feelings and feel some hope instead. The Wall sculpture I'd'like to donate looks like the Liberty Statue because I wanted people who see it to remember what our county stands for. I used some words from Abraham Lincoln on the sculpture to encourage people to look towards trying to make our country better then ever. It says, "... That from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion.., that we here highly resolve that these dead shall not have died in vain...that this nation, under God, shall have a new birth of freedom...and that government of the people...by the people...for the people...shal/not perish from this earth." America should still be a place that means hope to the people of the world. I Appreciate that you took time to listen to me and to look at the sculpture that I'd like to donate. I hope you find it encouraging. Kdstina Kramer 104 NW 7th Street Boynton Beach, FL 33426 Phone: 737-4807 VII.-CONSENT AGENDA ITEM B.1. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commissmn 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 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 [] Administrative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Announcement [] [] City Manager's Report Date Final Form Must be Turned in to CiW Clerk's Office May 8, 2002 (5:00 p.m.)!.2' May 22, 2002 (5:00 p.m.-) June 5, 2002 (5:00 p.m.~ June 19, 2002 (5:00 p.m.2) Development Plans New Business Unfinished Business ~: Presentation RECOMMENDATION: Purchase of 15 Model Year 2003 Club Cars as outlined on attached Quote date~Ma~Ch~22, 2002, to replace 15 Model Year 1997 Club Cars. At my request Club Car has submitted copies of re ~c~_t p~se orders to other area golf courses. Our quotation of $3,050 per car and the $925 per car trade-in, is compe~tiv6-~i~i~ in line with our projected budget of $2,990 per car and $925 per car trade-in. EXPLANATION: The replacement schedule for the motorized electric golf cart fleet, as approved for fiscal year '01/'02 projected replacing 15 six year old 1997 Club Cars with 15 2003 model Club Cars. Club Car won the original bid for supplying us with golf cars in 1983 and their products over the past 16 years have given us extremely reliable service with no customer, or Staff, complaints. In fact, although we had originally anticipated trading cars every four years we have amended this schedule to every six years due to the reliability, durability, and trouble free service of these cars. The final factor in Club Car's favor is that the energy management system we installed several years ago is a system endorsed by Club Car and neither voids any of their warranties nor any battery vendor warranties. The attached letter from David Kelly, Territory Manager for Club Car, Inc., verifies that Club Car is the sole source/provider of Club Car fleet golf cars. PROGRAM IMPACT: Our strategy has continued to be partial fleet purchases to continually add in new cars to "freshen" our fleet periodically instead of all new, or all aging and old cars, with total fleet replacement. After this recommended purchase, for example, our fleet will consist of 15 2003 Club Cars, 28 2002 Club Cars, 17 2001 Club Cars, and 30 2000 Club Cars. FISCAL IMPACT: $31,875 from golf cart replacement reserve account #411-0000-248-42-00. ALTERNATIVES: The trade-in of the old fleet is necessary due to the age, color, and current condition of those carts. We could go for bid with other golf cart vendors. However, if another vendor were awarded the bid, it would result in a mixed fleet, which could lead to some customer operating confusion and staff mistakes, as well as perhaps needing two contractual cart repair vendors. The Links switched from beige to burgundy colored carts in 2000 and these 15 are the only ones left that a~-beige and not burgundy. It would also be dli~ult to match colors. //Del~artment Head's Signature City Manager's Signature Department Name City Attorney / Finance, Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC May ], 2002 'l"he City of Boynton Beach C/O The l.inks at Boynton Beach 8020 Jog Road Boynton Beach. FL 33437 Thig letter is to serve as confirmation that Club Car Florida is the s, le source st~pplicr for Club Car fleet golf cars throughout ',.he c~tirc state of Floridu. Please call sl~ould you have any questions. Sincerely, David Kelly Territory Manager Club Car Florida lngBrsoll~d The Links at Boynton Beach Boynton Beach, Florida March 22, 2002 Club Car, Inc. 3375 All American Boulevard Orlando, Florida 32810 (407) 522-8001 1-800-821-1227 (407) 522-7005 Fax TO: The Links at Boynton Beach 8020 Jog Road Boynton Beach, Florida 33437 ATTENTION: Mr. Joe Sciortino DATE: March 22. 2002 SALESPERSON: David Kelly 15 CLUB CAR 2003 Model Year 36 Volt golf cars equipped as follows: $3,050.00 $45,750.00 Fully Automatic Charger (9' AC Cord) Premium Tread Tires · Canopy Top · Color- Burgundy · Sweater Basket · Number Decals · Bagwell Liner · Sandbucket Kit (2 per car) · Rake Kit · Information Holder · Club Protector Rear Enclosure w/Club Logo Embroidery · Fold Down Windshield · Accent Stripe · Hour Meter · Scuff Guards · Freight Trade-ins: (15) 1997 DS Electric Club Cars All trades must be in running condition With one operable charger per car. TOTAL FLEET COST <$13,875.00> $31,875.00 F.O.B.: The Links at Boynton Beach Delivery Date: September 2002 Terms: Net 30 Days TO: The Falls Countr3' Club 6455 Jog Road Lake Worth, Florida 33467 ATTENTION: Mr. Craig ¥oudren Club Car, Inc. 3375 All American Boulevard Orlaodo. Florida 32810 (407) 522-8oo~ 1-800-821-1227 t407) 522-7005 ~a~ DATE: February 6, 2002 SALESPERSON: David Kelly New CLUB CAR 2003 Model 48-voit electric golf cars equipped as follows: · Premium Tread Tires · Fully Automatic Charger · Color- Beige, White or Dark Green · Canopy Top · Sweater Basket · Custom Number Decals · Bagwell Liner & Scuff Guards · Sandbucket Kit (2 per car) · Club Logo · Fold Down Windshield · 2-Sided Enclosure w/Club Protector · Fans (2 per car) · Information Holder · Freight Trade Cars: (67) 1998 Club Car DSE model cars for a total value of .......................................... NET cOST * IQ 48-volt Club Car / +$80 per car $3,500.00 $234,500.00 <$60,300.00> $174,200.00 F.O.B.: The Falls Country Club Delivery Date: Fall 2002 Accepted By:. Date: The Links at Boynton Beach Boynton Beach, Ftorida March 22,2002 WARRANTIES AND SPECIAL CONSIDERATIONS WARRANTY Club Car, Inc. warrants to The Links ~ ~ton Beach that its new 2003 DS Electric golf cars are free from defects in materials and work~ ~ship sUbject to the terms and conditions contained in the attached Club Car Limited Lifetime W~ REPLACE~?~T PARTS AND SERVICE Factory authorized replacement parts, service and warranty work is handled through Professional Golf Car Corporation, Club Car's factory authorized Dealer in Lake Worth. It is Club Car's objective that The Links at Boynton Beach's fleet will receive professional, timely and systematic service. Club Car offers technical training seminars for The Links at Boynton Beach's employees involved with golf car operations, These seminars are held at Club Car's manufacturing facility in Augusta. Georgia, and are conducted by professional educators. The Links at Boynton Beach's employees will learn preventive maintenance and repair procedures to enhance their fleet operations. They will also enjoy sharing ideas and experiences with golf club and resort personnel from all over t~e world. CLUB CAR® LIMITED LIFETIME WARRANTY FOR 2003 FLEET GOLF CARS .... -. , , 1. WARRANTY: CLUB CAR INC.. ("CLUB CAR") hereby warrants to the Original Retail Fleet Purchaser or Original Retail Fleet Lessee as ~hose terms are defined herein and sublect to the prowsions. [imitations and exclusions contained n this limited warranty, that its new 2002 ModeJ DS gotf car purchased from CLUB CAR or an authorized distributor or dealer for use in the United States Canada, Mexico. Puerto Rico and the Caribbean shall be free from defects in matena~ ano workmanshk) under normal use and service as a golf car for the periods stated below subject to the orovisions, limitations, and exciusions contained in th~s imited warranty. LIMITED LIFETIME WARRANTY: The golf car frame (excluding tt~e front and rear bumper mounts), rack ano pinion steenng gearbox unit and suspension system (defined as the shock absorbers, shock mounts A-olates, leaf springs, shackles and associated hardware) are warranted for the lifetime of the vehicle with respect to carts aha labor against defects in material and workmanshi D from the date of purchase while ownea by the Original Retail FIeet Purchaser or JR the Dossesslon of the Original Retail Fleet Lessee LIMITED THREE YEAR WARRANTY: The gasoline engine, torque converter 'drive aha driven) unitized transaxle, starter generator transaxle (electric vehicle~ and electric motor are warrantea for a per,ca of tnree years with respect to parts and lauor against defects n material and workmanship from the date ¢ ourchase while owned by the Original Retail Fleet Purchaser or in the possession of the Original Retail Fleet Lessee. LIMITED TWO YEAR WARRANTY: All remaining comDonems of the golf car not specified otherwise except options and accessories are warranted for a period of two years with respect to Darts and labor against defects in material and workmanship from [ne date of purchase while owned by the Original Retail Fleet Purchaser or in the possession of the Origina Retail Fleet Lessee. LIMITED ONE YEAR WARRANTY: All orig hal equipment options and accessories supplied by CLUB CAR are warranted with respect to parts and labor against defects n material and workmanship for a period of one year from the date of purchase while owned by the Original Retai Fleet Purchaser or in the possession of the Original Retail Fleet Lessee. This limited warranty covers material, workmanship and repair labor cost as to those items specifically listed above for the periods specified Such repair ~a[~or shall be performed only by CLUB CAR. ts authorized distributors or dealers or a service agency approved by CLUB CAR. IF THE WARRANTY REGISTRATION FORM IS NOT COMPLETED AND RETURNED TO CLUB CAR AT THE TIME OF THE ORIGINAL RETAIL SALE PURCHASER MUST PROVIDE PROOF OF DATE OF PURCHASE WITH ANY WARRANTY CLAIM. 2. EXCLUSIONS: Excl daeo from any CLUB CAR warranty are all fuses filters, decals (except safety decals), spark plugs~ light bulbs, lubricants, trim pieces, seats, routine wear terns such as the cnarger olug and receptacle, brake shoes, belts, brushes, bushings, engine mounts, mats and pads. maintenance adjustments, cosmetic deterioration, and ~tems which deteriorate or fail due to exposure or ordinary wear and tear. Batteries, battery cnarger, onboard computer, and solid state speed controller are covered under separate CLUB CAR warranties. Aisc excluded from any CLUB CAR warranty is damage to a golf car or component resulting from a cause other than a defect including unreasonable or unintended strain or use. ~m proper installation of accessories installation of parts or accessories that are not original equipment, overloading, accident, alteration, abuse or neg[ect, Transpor[atton expenses for warranty services are also exoluaed from this warranty 3. VOIDING OF WARRANTY: THIS AND ANY OTHER WARRANTY SHALL BE VOID IF THE GOLF CAR IS ABUSED OR USED IN AN UNINTENDED MANNER OR SHOWS iNDICATIONS THAT IT HAS :~EEN ALTERED IN ANY WAY, INCLUDING BUT NOT LIMITED TO. MODIFICATION OF THE SPEED GOVERNOR BRAKING SYSTEM STEERING. TRANSAXLE OR OTHER OPERATING SYSTEMS OF THE CAR TO CAUSE IT TO PERFORM OUTSIDE CLUB CAR SPECIFICATIONS THE WARRANTY IS LIKEWISE VOID IF THE CAR INVOLVED SHOWS INDICATIONS THAT REASONABLE OR NECESSARY MAINTENANCE AS CC TLINED IN THE OWNER'S MANUAL AND MAINTENANCE AND SERVICE MANUAL WAS NOT PERFORMED AT THE TIME AND IN THE MANNER SPECIFIED IN SUCH MANUALS. 4. SOLE REMEDY: CLUB CAR's liability under this limited warranty, or in any action whether based upon warranty, contract, negligence strict product liability or otherwise shall De the repair or replacement, at CLUB CAR's option, of the golf car or component thereof that CLUB CAR deems to be defective. Replacement snail mean furnishing, During the applicable limited warranty oeriod a new golf car or factory-reconditioned vehicle or component thereof which is identical or reasonably equivalent to the warranted product or component at no cost to the purchaser. Repair shall mean remedying a defect n the golf car or component thereof at no cost to tt~e Durchaser during the applicable limited warranty 3eriod. f CLUB CAR elects to repair tl~e golf car. it may 3rovide factow-reconditioned parts or components. All parts and corn portents replaced under warranty shall become the property of CLUB CAR. 5. HOW TO MAKE A WARRANTY CLAIM: To make a warranty claim u ~der this limited warranty, you must present the golf car or defective component to an authorized CLUB CAR distributor or dealer or send the defective component, freight prepaid, to WARRANTY SERVICES CLUB CAR, INC,. 4125 Washington Road, Evans. Georgia 30809. U.S.A., 706-863- 3000. 6. DEFINITIONS: For the purpose of this warranty, an Original Retail Fleet Purchaser is the original purchaser of the golf car who is in the business of owning or operabng golf courses ano who purchases such golf car for the purpose of renting it to golf players for use on such courses An Original Retail Fleet Lessee is the first end- user of the golf car who is in the business of owning and operating golf courses ano who leases such golf car for the purpose of renting it to golf players for use on such golf COL rses. In the event the golf car is purchased or leased by any entity for the purpose of leasing it to an Original Retail Fleet Lessee. then tt~s limited warranty shall extend only to the first Original Retail Fleet Lessee. and not to such entity or to any subseouent lessee of the golf car 7. DISCLAIMER: THIS LIMITED WARRANTY IS EXCLUSIVE. CLUB CAR MAKES NO OTHER WARRANTY OF ANY KIND EXPRESSED OR IMPLIED. ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PM RPOSE WHICH EXCEED THE OBLIGATIONS OR TIME LIMITS STATED IN THIS WARRANTY ARE HEREBY DISCLAIMED BY CLUB CAR AND EXCLUDED FROM THIS WARRANTY. THE PURCHASER AND CLUB CAR EXPRESSLY AGREE THAT THE SOLE REMEDY OF THE REPLACEMENT OR REPAIR OF THE DEFECTIVE GOLF CAR OR COMPONENT THEREOF IS THE SOLE REMEDY OF THE PURCHASER. CLUB CAR MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, AND NO REPRESENTATIVE, EMPLOYEE, DISTRIBUTOR OR DEALER OF CLUB CAR HAS THE AUTHORITY TO MAKE OR IMPLY ANY REPRESENTATION, PROMISE OR AGREEMENT WHICH IN ANY WAY VARIES THE TERMS OF THIS WARRANTY. 8. NO CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL CLUB CAR BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS RELATED TO PROPERTY OTHER THAN THE GOLF CAR, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, OR ANY OTHER ECONOMIC LOSS, Some states allow neither limitation on the duration of an implied warranty nor exclusions or limitation of incidental or consequential damages. Therefore the above limitations or exclusions may not apply to you. This warranty g~ves you specific legal rights, and you may also have other rights which vary from state to state. 9. INFORMATION: For further information con[act WARRANTY SERVICES. CLUB CAR, INC., P,O. Box 204658 Augusta, Georgia 30917~4658. U.S.A.. 706-863-3000. 10. WARNING: Any modification or alteration of any golf car beyond factory specifications, including those that affect the weignt distribution, stability, or speed of the golf car can cause serious oersonal injury or death. CCN 58650532 Rev 07/00 Club Car, InC. 3375 Ail American Boulevard Orlando Florida 32810 (407) 522-8001 ~-800-821-1227 407) 522-7005 Fa:~ TO: High Rh~ge Country Club 2400 Hypoluxo Road Lantana, Florida 33462 ATTENTION: Mr. Carlos Perez DATE: March 11. 2002 SALESPERSON: David Kelly PURCHASE QUOTATION 2O New CLUB CAR 36 volt golf cars equipped as follows: $3.500.00 $70,000.00 · Fully Automatic Charger Premium Tread Tires · Canopy Top · Color-Beige Sweater Basket · Number Decals · Bagwell L~ner · Sandbucket (2 per car) · Two Sided Enclosure w/Club Protector · Split Windshield · Fans (2) per car · Scuff Guards · Permanem Tow Assembly · Freighl Trades (20) 1995 & il0) 1997 Club Cars (Trades to be relnoved from club prior to 7/31/02) TOTAL COST F,O.B.: High Ridge Country Club Delivery Date: October 2002 Terms: Net 30 Days Accepted By: Title: Date:__ <$26,500.00> $43,500.00 Title~ ' TO: Westchester Golf & Country Club 12250 Westchester Club Drive Boynton Beach, Florida 33437 ATTENTION: Mr. Kevin Mapp Club Car, Inc. ' 3375 All American Boulevard tOrlandO. Florida 32810 (407) 522-8001 1-800-821-1227 l 1,407') 522-7005 Fax DATE: February 7, 2002 SALESPERSON: David Kelly PURCHASE QUOTATION 150 New CLUB CAR 2003 Model$3,460.00 48-volt electric golf cars equipped as follows: Premium Tread Tires · Fully Automatic Charger · Color - Beige, White or Dark Green · Canopy Top · Sweater Basket · Number Decals · Bagwell Liner & Scuff Guards · Sandbucket Kit (2 per car) · Sport Rib Wheeicovers · Fold Down Windshield · Club Protector (Sunbrella Material) · Rake Kit · Information Holder · Freight Trade Cars: (150) 1997 Club Car DSE model cars for a total value of .................................... NET cOST * IQ 48-volt Club Car / +$80 per car $519,00.00 <$120,000.00> $399,000.00 F.O.B.: Westchester Golf & Country Club Delivery Date: September 2002 Accepted By:. Date: Club Car Inc. 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.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned tn 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 Turned Meetin~ Dates 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.) ~'~ 2~ [] July 2, 2002 June t9, 2002 (5:00 p.rn.F'< [] Administrative [] Development Plans ~ ~] Consent Agenda [] New Business ~ [] Public Hearing [] Legal ~. ~ Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to award the "ANNUAL CONTRACT FOR CLEANING CHEMICALS AND JANITORIAL SUPPLIES" to various vendors for an estimated annual expenditure of $ 40,000.00. CONTRACT PERIOD: JUNE 5, 2002 TO JUNE 4, 2003 EXPLANATION: On April 25, 2002, Procurement Services received and tabulated ten (10) proposals. After a careful review, award is recommended to various vendors with the over-all low bid in most cases; and whenever possible, like items were awarded to the same vendor to facilitate ordering. Items 36 and 39 were not awarded since they will no longer be carried in the Warehouse. Dominic DeMauro, Warehouse Manager, concurs with this recommendation (see attached memo and Award Tabulation Sheet). PROGRAM IMPACT: The purpose of this bid is to secure a source of supply for cleaning chemicals and janitorial supply items at the best possible price; satisfactory manufacturer; early, prompt, and convenient shipment by the suppliers to the City of Boynton Beach. Items will be stocked in the City Warehouse and ordered on an "AS NEEDED BASIS". 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 lq ~- Dep~u-ty Director of Finance/Purcl~'[sin~ Xgp 19/ Procurement Services ESTIMATED ANNUAL EXPENDITURE City Manager's Signature City Attorney / Finance / Human Resources cc: Dominic DeMauro, Warehouse Manager S:\BULLETINLFORMSkAGENDA ITEM REQUEST FORM.DOC File PAPER PLASTIC PRODUCTS Dade Paper 16,17,22 Clean all Products 19,20 Preferred Chemical 18,23,21 Item 16,18 low bidder not excepted Item 20 the only excepted bag is Preferred chemical. BATHROOM/KITCHEN CLEANING PRODUCTS F1 Sanitary Supplies Ianitors Supply Dade Paper Preferred Chemical 24 25 26,27,28,29,31,32,33 30 MISC. CLEANING EQUIPMENT SUPPLIES Janitors Supply Clean all Products Dade Paper Preferred Chemical FL Sanitary Supplies No award 34 35,37 38,40,41,42,44,45 43 46,47 36,39 - No longer ordered through Warehouse In addition to the over-all low prices, the following venders have offering discounts to the City. Calico 20% Clean all products 10% F1 Sanitary 20% Janitors Supply 20% Preferred Chemical 10% The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO: FROM: Bill A. kins, Deputy Finance Directo~~0q/~ Dominic DeMauro, Warehouse Ma~[,~er 1 DATE: May 20, 2002 SUBJECT: Annual Contract for Cleaning Chemicals. and Janitorial Supplies Bid #049-1412-02/KR I have reviewed the tabulation sheets from you office regarding the bid referenced above. In most cases this bid is being awarded to the over-all low bidder. However, when possible, like items were kept together. Additionally, some samples were not acceptable from low bidder. My recommendation is as follows: FLOOR & CARPET CARE EQUIPMENT Calico 1,4,7,8,9 Preferred Chemical 2 Janitors Supply 3 F1 Sanitary Suppliers 5,6 PEST CONTROL PRODUCTS Preferred Chemical F1 Sanitary Supplies Dade Paper 10,11,14,15 12 13 Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 VII.-CONSENT AGENDA ITEM B.3 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) [] Requested City Commission Meeting Dates May 21,2002 Date Final Form Must b~--Tume~ ~ in to City Clerk's O~f ~ce ~' ~ ~ 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 [] New Business [] Public Hearing [] Legal 2 Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to award the "EZELL HESTER, JR. PARK FOOTBALL FIELD PRESSBOX" bid to RJM BUILDERS, INC. in the amount of $166,030.00. B±d#035-2413-02/KR EXPLANATION: On May 7, 2002, nine (9) proposals were received and tabulated by Procurement Services. Proposals were then reviewed by the Construction Services Division and Project Consultant. Together they verified that RJM Builder, Inc. of West Palm Beach, Florida has performed similar projects successfully and has the capacity to undertake this project. Wally Majors, Recreation Direction, concurs with this recommendation (see attached Memo No. 02-103). PROGRAM IMPACT: This project includes the construction of approximately 1870 square feet of space consisting of a new two-story pressbox, storage area, and office building at the Ezell Hester, Jr. Park Football Field, located at 1901 N. Seacrest Boulevard, Boynton Beach, Florida. Construction will include, but is not limited to the removal of existing pressbox structure and the installation and reconnection to existing sewer and water. FISCAL IMPACT: The Commission designated the use $110,000 from the Sprint Tower Lease for the Ezell Hester Pressbox in the FY 2001/2002 budget. The $166,030 proposal for construction of the pressbox includes a hydraulic platform for ADA compliance and an additional $10,000 is required for architectural services bringing the total to $176,030.00. The additional funding to support the construction of the pressbox will come from CIP fund balance and will be placed in the construction account as follows: Account Description Account Number CIP Fund Balance 302-0000-271-01-00 Ezeil Hester Pressbox 302-2710-572-62-91 _ Deputy Director of Finance/Purchas' g,K'ge '/f ' ' // Procurement Services Cc: Bill DeBeck. Engineering Clem Bucher - Contract Adm. S:\BULLETYNkFORMS~AGENDA ITEM REQUEST FORM.DOC Amount <$ 66,030.00> 0~ Ci~ Manager's Signa~e ,~/'- ' City All~l'm'~ / Finance / Human Resources File Wally Majors - Recreation Director Marshall Gage - Police Chief RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING BID#035-2423-02/K_R FOR THE EZELL HESTER, JR. PARK FOOTBALL FIELD PRESS BOX, 'TO RJM BUILDERS, INC.; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 7, 2002, nine (9) proposals were received and reviewed >y the Construction Services Division and Project Consultant; and WHEREAS, upon recommendation of staff, the City Commission of the City >f Boynton Beach does hereby approve the bid for the Ezell Hester, Jr. Park Football :ield Press Box to RJM Builders, Inc. of West Palm Beach, Florida, in the amount of 166,030.00; and WHEREAS, RJM Builders, Inc. has performed similar projects successfully nd has the capacity to undertake this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY IOMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, tereby approves the bid for the Ezell Hester, Jr. Football Field Press Box, to RJM Builders, Inc. of West Palm Beach, Florida, a copy of said Agreement is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately. PASS ED AND ADOPTED this __ day of June, 2002. CITY OF BOYNTON FLORIDA BEACH, Mayor Vice Mayor Commissioner Commissioner ,T: Commissioner Clerk Seal) : R~sokBid AwardkPr~$ Box - Ez~ll Hestm' Football Field BID TITLE: EZF, I,I~ HESTER, .IR. PARK FOOTRAI,I, FI~ID PRES~qROX BID NUMBER: 035-2413-02/KR PROJECT NUMBER: ~ CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this day of , 20 , by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and RJM RIIII,DFR$, INC. of West Palm Reach, a Florida Corporation (_X_) a Florida General Partnership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) Check One hereinafter called "CONTRACTOR". WITNESSETH The City has heretofore invited bids for a City construction project ("Project") identified by the bid title, bid number and project number listed above and commonly referred to as: EZF~I,I, HESTER- .IR. PARK FOOTltAI,I, FIFJ~D PRF~,~SBOX Bo Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the 7Ah day of~ for the total bid amount of Co On the 4th day of ~ the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement. The Parties agree that the Project is scheduled to be completed within 1211 calendar days of the issuance of the Notice to Proceed, subject to CITY approved time extensions. There are penalties to the CONTRACTOR for the failure to meet such deadlines. NOW, THEREFORE, in consideration of these premises and the mutUal conditions and covenants contained herein, the parties agree as follows: c-1 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. 1.1.2. 1.1.3. The foregoing recitations contained in Paragraphs A-C are true and correct and incorporated herein by this reference. The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project. The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.1.4. 1.1.5. Contractor is an independent contractor as that term is set forth in the General Conditions for Construction (GC-2) Unless otherwise provided, all time frames referenced in all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2.1. The. Project consists of those improvements described and set forth in the Contract Documents. 2.2. The Contract Documents are the compilation of the following individual documents: 2.2.1. 2.2.2. 2.2.3. 2.2.4. 2.2.5. 2.2.6. 2.2.7. 2.2.8. 2.2.9. 2.2.10. 2.2.11. 2.2.12. 2.2.13. 2.2.14. Advertisement for Bids Instructions for Bidders Bid Proposal Bid Bond General Conditions for Construction (GC) - all references to "GC" shall be to section numbers Construction Contract Certificate of Insurance Public Construction Bond Letters of Credit Technical Specifications Contract Drawings and Plans Addenda Written directives or interpretations Manufacturers warranties c-2 3. OBLIGATIONS OF CONTRACTOR 3.1. Contractor shall: 3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the Contract Documents. 3.1.2. Perform all the work and labor pursuant to this contract and all of the materials furnished shall be in strict conformity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4. Guarantee all work and materials for a period of one (1) year. Upon receipt of written notification from the CITY, CONTRACTOR shall correct any defective or faulty work or materials which may appear within one (1) year after completion of the Contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. Comply with the provisions of Section 255.05, Florida Statutes, if applicable. Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Release of lien forms to be utilized shall be supplied by CITY. 3.1.6. 3.1.7. 3.1.8. 3.1.9. Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. Perform such other tasks as set forth in the Contract Documents. C-3 3.1.10. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) days o f the Award of the Project. 3.2. The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause resulting from their acts or omissions or the acts or omissions of their subcontracts or suppliers. 4. CITY'S OBLIGATIONS 4.1. City shall provide a written notice to proceed not later than ten (10) days from the execution of this Contract. 4.2. Make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3. On satisfactory completion of the Project, provide a written final acceptance and payment for the entire project. 5. COMMENCEMENT OF WORK 5.1. CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 12.0..calendar days following the commencement date as specified in same. 5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work following Notice to Proceed or fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of completion. 5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR's bid proposal, and for such others as the Project Engineer may direct, and shall not employ any that CITY may, within a reasonable time, object to as incompetent or as unfit. C-4 6. LIQUIDATED DAMAGES 6.1. The CONTRACTOR further agrees to pay $ 150.00 per day as liquidated damages, for failure to begin within ten (10) days of CITY's issuance of the "Notice to Proceed" or failure to complete the work within 120 calendar days from the commencement date as indicated in the written "Notice to Proceed". The CITY shall have the fight to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the General Conditions for Construction (GC-44, GC-45, and GC-46). 8. INDEMNIFICATION g.I. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements~ judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and paralegal expenses at both the trial and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY,' its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemnification required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. c-5 8.3. The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in the General Conditions for Construction. However, .the indemnification provision, and-the insurance provision contained in the General Conditions for Construction are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9.1, The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the Contract Documents. 10. CHANGES IN THE WORK 10.1. The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be processed as set forth in the General Conditions for Construction (GC-57). 10.2. All change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. PROJECT ENGINEER 11.1. The Project Engineer ("Engineer") is Stephen Boruff, O01 Northpoint Parkway, Suite 101, We.qt Palm Beach.. Florida 33407. C-6 11.2. The Project Engineer shall have general supervision and direction of the 'work~ The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR such authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 11.3. As the Project Engineer is, inthe first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. 11.4. In the event of a dispute, the role of the Project Engineer is to make recommendations to the Project Manager who shall make the final decision. 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction (GC-28). 13. CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2. In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the CITY, or its representatives as set forth in the General Conditions for Construction (GC-18). In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction and finally by the balance of the Contract Document 14. TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. c-7 15. REMEDY FOR DELAY 15.1. In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. 15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. CONTRACTOR hereby acknowledges that he has read and understands the above provision. INTIALS 15.3. Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction (GC 24) 15.5. For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction (GC-19). 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. c-8 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed in the presence of: CITY OF BOYNTON BEACH, FLORIDA Attest: Mayor Approved as to Form: City Clerk City Attorney Signed, sealed and witnessed in the presence of: CONTRACTOR President or Vice President State of Florida County of Palm Beach ) ) SS; ) Attest as to CONTRACTOR On this day of ., 20 , personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. My Commission Expires: Notary Public C-9 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 02-103 TO: FROM: DATE: SUBJECT: Bill Atkins, Deputy Director Finance/Procurement Agent Bill DeBeck, Project Manager ~ May 21,2002 RECOMMENDATION FOR CONTRACT AWARD HESTER PARK PRESSBOX PROJECT This office has reviewed the bid tabulation sheet and related information for the subject project and hereby recommends contract award in accordance with the following data: Project: Ezell Hester Pressbox Recommended Contractor: RJM Builders, Inc. Award Amount: $166,030 (includes Hydraulic platform, Alternate 1 in the amount of $16,386) Account Number: 302-2710-572-62-91 Verification of Contractor Responsibility: Construction Services Division and the Project Consultant have jointly verified that the firm of RJM Builders, Inc., located in West Palm Beach has performed successful similar projects and has the requisite capacity to undertake the subject project. Compliance with Plans and Specifications: No exceptions were taken to the construction documents. Client Office Concurrence: Bid results have been discussed with Wally Majors, Director, Recreation Department, who has indicated his concurrence with the award recommendation to RJM Builders. If you have any questions please contact Clem Bucher, Contract Administrator, at ext. 6491. CC: File Bill DeBeck Clem Bucher Wally Majors Chief Gage J:~SHRDATA~Engineering\CSD\Correspondence~qester Park Pressbox ProJect, Rec. for Contract Award.doc rn N m r" -r- m ..4 rn ITl 0 X © m m~ O- ~ m 0 ~ ~ 0 =~-~~, ~ o z~ m-o m ~ -~ c ~ ~ mm 0 z ~ 0 ~ z ~ _ a ~. mz ~= o~ ~ ~ ~m '~_ ~ ~ ~. ~- : zo 0 o 0 ~ ~ ~ ~ oo > ~o ~o ~ 0 - 0 m . <~E~qzo ~ , 0 ~ z o ~ ~ ~ ~ ~ ~ ~ z ~ 0 o Z m b b ~ m m~ · ~ Z o o ~C~' Z~ · . ~ ~ Z~ Zm ¢ ~ ~ Oo mmp .~.00 ~mm ~ ...m. · -r rn N !" =r rn .-I ITl 0 0 ITl © 000 rn N IT! r" I=,, ,-i,. rn 0 0 rn ITl 030303 000 .~.00 ~mm ~zz '130 · '-r IT! N i== i== m -,! rn 0 0 ITl 0 X ~Oo ,~zz o,,'0 0 0 0 ~ c~ c~ rn 000 N ITl .~.00 r- ~mm " .~ ~00 ~mm ~...m. ITl N m r- =r m -! ITl IT! 0 MEMORANDUM TO: JANET PPOANITO DATE: MAY 21, 2002 CITY CLERK KAREN RISELEY~/f(4v,'~/0'' SUBJECT: BUYER FROM: ORIGINAL CONTRACT BID #035-2413-02/KR "EZELL HESTER, JR. PARK FOOTBALL FIELD PRESSBOX" Attached is the original Contract for RJM Builders, Inc. A copy has been sent to the City attorney's office for the preparation of a Resolution. Thank you. /ktr Attachment - Contract, Original cc: File Requested City Commission Meeting Dates [] March 19,2002 VII.-CONSENT AGENDA ITEM B.4 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 ~n to Ci~' Clerk's Office March 6, 2002 (5:00 p.m.) [] May 21, 2002 May 8, 2002 (5:00 p.m./ [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 March 20, 2002 (5:00 p.m.) [] June 4, 2002 April 3, 2002 (5:00 p.m.) [] June 18, 2002 April 17, 2002 (5:00 p.m.) [] July 2, 2002 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: Motion to approve the purchase of EIGHTY-THREE (83) REPLACEMENT COM'PUTERS AND THREE (3) WORKSTATION COMPUTERS in the amount of $88,605.00 from DELL COMPUTERS utilizing STATE CONTRACT #250-040-99-1 EXPLANATION: The ITS Department requested that 43 Deskpro 4000 ($89,010), 49 Deskpro En 333 ($101,430), and 9 Deskpro EP350 ($18,630) be replaced in Fiscal Year 2001/2002. Due to budgetary constrains 43 Deskpro 4000 in the amount of $89,010 was approved in the budget. In researching ITS determined to maximize the available dollars for replacement of computers it was best to use Dell Computers without monitors...the current monitors are compatible. This allows for the replacement of 86 computers with the funding that was originally allocated for 43 computers. Also, Dell Computers pricing is slightly below (additional savings of $3,115.61) the original State Contract pricing due to continual technology price changes. PROGRAM IMPACT: ITS Department has a computer replacement program whereby computers that are 4+ years old are retired. New computers are provided to high end users and those positions that are not high end users receive a more efficient computer, but not necessarily new. Replacing the 86 computers will come closer to the actual number needing replaced this fiscal year. FISCAL IMPACT: Commission approved funding of $89,010.00 in the Fiscal Year 2001/2002 budget to replace 43 Deskpro 4000 computers. ITS would like to maximize the use of these funds and purchase the 86 computers at no increase in budget. Account Description Computer Equipment Account Number 001-1510-513-64-15 Budffet $ 89,010.00 ALTERNATIVE: Limit the computer replacement to 43 computers for the current fiscal year. Avoidance of replacing necessary units this fiscal year will gr ~avely impact future budgets } ~ Deputy Director of Financial Serv~es ~'7 ' City Manager's Signature / Procurement Services / ~3~'~ ~ Department Name City Attorney / Finance / Human Resources S:kBULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC ITS Memorandum No. 02-012 interoffice MEMORANDUM To: From: Re: Bill Atkins, Deputy Finance Director Peter Wallace, Directoi' of I.T.S. ~_,.~~ PC Replacement Program MAY 1 2002 PROCUREMENT SERVICES Date: May 13, 2002 The PC Replacement program provides for the replacement of computers that are a minimum of 4+ years targeting Deskpro 4000, Deskpro EN 333 & Deskpro EP 350. The I.T.S. Department has engaged in a computer replacement program for numerous years. Ideally, computers that are 4+ years old are retired. These computers are not necessarily replaced with the new computer. High end users will receive the newest computers and those that do not require high end machines receive computers that are more efficient, but not necessarily brand new. This program has proven to be beneficial for support purposes and maintenance purposes. Maintenance agreement on older equipment is extremely costly. This program replaces computer equipment that is marginally capable of running the city's current software products. Enterprise applications such as GIS and Document Imaging require high end PC's. Three (3) workstations will be ordered to accommodate such use and will thereby increase efficiency in internal business operations by providing an appropriate hardware/ software combination. The I.T.S. Department requested that 43 Deskpro 4000 ($89,010), 49 Deskpro En 333 ($101,430) and 9 Deskpro EP350 ($18,630) be replaced in FY 2001/02. Due to budgetary constraints, 43 Deskpro 4000 in the amount of $89,010 was approved. To maximize the available dollars for this program, Dell Computers without monitors were chosen. Staff's diligence in research and cost comparison will allow the I.T.S. Department to replace 86 computers, rather than 43, within the dollar amount allocated. This will bring the city closer to replacing the actual number of pc's needing replacement rather than replacing only ¼ of those scheduled for necessary replacement, Avoidance of replacing necessary units will gravely impact future budgets. Funding in the amount of $88,605 is available in the current FY budget in Account #001-1510- 513-64-15. The approved budgeted amount is $89,010. Dell Computers is providing a better pricing than on their State Contract #250-040-99-1. This is due to continual decline in pricing on technology equipment. If further information is requested, please do not hesitate to contact me. /cm < '~ :~ o 0 McDeavitt, Cathy, From: Sent: To: Subject: Karjalainen, Alan Monday, April 29, 2002 11:07 AM McDeavitt, Cathy FW: Dell Cust #861622 Cathy, Statement from Dell for the block purchase. Alan ..... Original Message ..... From: Scott Dickson@Dell.com [mailto:Scott Dickson@Dell.com] Sent: Monday, April 29, 2002 10:10 AM To: Karjalainen, Alan Subject: Dell Cust ff861622 Quote #'s 81109161, 81109308 are au or below state contract prlclng for the State of Florida contract ~250-040-99-1. Scott Scott Dickson State/Local Governmen5 Sales Dell Computer CorporatIon Phone: Fax #: (800) 981-3355, extension 43883 (512) 283-3883 Have you experienced Dell E-Suppors?...Online support for your sales and service needs: To configure, price, and purchase a system online: Visit our Online Store @ [ http://dellapp.us.dell.com/slg/ ] For instant answers to technical support questions: Ask Dudley! @ [ http://suppor5~dell.com/us/en/askdud!ey/index.asp?ecourtesy ] To check order status or for any other non-5echnicat inquiry: Public Customer Care @ [ http://www.dell.com/pubtic-ecare ] To subscribe to Dell e-news (the most convenient way for you to keep up with Dell news and events): [ http://w3.0mm.com/dell/enews/statelocal/register.htm ] For after point of sale upgrades or parts call 800-981-3355 Option 2 then Option 3. 250-040-99- t - Computers: Client Se,wer Syszems Computers: Client Server Systems 250-040-99-1 Effective: 7/1/98 through 9/30/02 Certification Special Conditions Specifications Price Sheet Ordering Instructions Revisions Complete Contract Contractors 3Com Corporation ABC Computers, Inc. Acer America Alcatel American Power Conversion Amherst Corporate Computer Apple Computers, Inc. Avaya, Inc. Cisco Systems, Inc. Comark Government & Education Sales Compaq Computer Corporation Dell Marketing L.P. Enterasys Networks Sales and Service, Inc. Executive Source http ://www.execsource.com/sfl2000 Extreme Networks Gateway Companies, Inc. Hayes Computer .Systems Hewlett-Packard Company Howard Computers http://www.howardcomputers~com IBM Lexmark International Marconi Communications NEC Computers, Inc. Network Appliance Nortel Networks USA, Inc. Pomeroy Computer Resources, Inc. Premio Computers Florida, Inc. http://www.3com.com http ://www.abc2000.com http://~vww.acer.com/us http://www.ind.alcatel.com/ http://www.apcc.com http://www.amherst 1 .com http://www.apple.com http://www.avaya, com http ://www.cisco.com http ://www.comarkg.com/ http://www.compaq.com http://www.dell.com http://www.enterasys.com www.extremenetworks.com http ://www. gateway.com http://www.hcs.net http://www.hp.com http://www.ibm.com http://www.lexmark.com http://www.marconi.com http://www.nec-computers.com http ://www.netapp.com http://www.nortelnetworks.com http://www.pomeroy.com http ://www.prem~opc.com http://www.myflorida, com/st_contracts/250040991/ 05/07/2002 81109161 Page 1 of 2 DELL E Corn Date: 4/26/02 2:35:50 PM QUOTE #: Customer #: Quote Date: Customer Name: QUO TA TION 81109161 861622 4~26~02 CITY OF BOYNTON BEACH TOTAL QUOTE AMOUNT: $7,182.00 Product Subtotal: $7,182.00 Tax: '$0.00 Shipping & Handling: $0.00 Shipping Method: Ground Total Number of System Groups: 1 GROUP: 1 UANTITY: 3 , 2.00GHz/400MHz Front Side Bus,P4 Dell Precision 340 Minitower, 512K FullSpeedCache (22~"-'--' Base Unit: 8348) 1GB,PC800 @ 400MHz,4X256, RIMM,Rsmbus Memory Dell Precision 340,Factory Install (311- Memory: 2410) Keyboard: Enhanced Quietkey Keyboard, PSI2,3 Hot Keys,Dell PrecisionX30 (310-1420) Monitor: Monitor Option-None (320-3316) nVidia,Quadro4 900XGL, 128MB, VGA and DVI,Graphics Card,DellPrecision 340 Minitower, Video Card: Factory Install (320-0314) Hard Drive: 40GB Hard Drive IDE(ATA-100) #1 1 inch 7.2 RPM,Dell Precision 340,Factory Install (340-8562) Floppy Disk Drive: 3.5",1 44MB,Floppy Drive Dell Precision 530, Factory Install (340-3736) Operating System: WINDOWS 2000 Pro,Service Pack 2,NTFS,Dell Precision, EnglishFactory Install (420-1536) Mouse: MS Inte limouse,2.Button,with Scroll PSI2 Mouse, Dell Precision (310-8302) 20148X CDROM and 24X/10XI40X CD Read.Write,Precision 340 Minitower, Factory Install (313- CD.ROM or DVD.ROM Drive: 0863) Speakers: harmon kardon 19.5,Speakers, for Dell Precision X30 (313-5484) . Servi'ce: Type 3 Contract - Next Business Day Parts & Labor On-Site Response 2YR Extended (900-6212) Service: Type 3 Contract - Next Business Day Parts & Labor On-Site Response Initial Year (900-6940) Dirline: Gold Technical Support ServicePrecision, 3 Years 1-866-876-3355 (DELL) (950-4929) Installation: Standard On-Site Installation Declined (900-9987) Misc: GTS,Personal Systems,TechnicalSupport Letter (461-3749) file://C :\Documents and SettingskrncdeavittckLocal Settings\Tempo...\Quote 81109161 .HTM 4/26/2,902 81109161 Page 2 of 2 COMMENTS STATE #250-040-99-1 TOTAL QUOTE AMOUNT: $7,182.00 Product Subtotal: $7,182.00 Tax: $0.00 Shipping & Handling: $0.00 Shipping Method: Ground Total Number of System Groups: SALES REP: I SCOTT DICKSON Email Address:I Scott_Dickson@Dell.com PHONE: I 800-981-3355 Phone Ext: 43883 For your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. You may also place your order online at www.dell.com/quote This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable Dell terms and conditions agreement. Prices and tax rates are valid in the U.S. only and are subject to change. All product and pricing information is based on latest information available. Subject to change without notice or obligation. LCD panels in Dell products contain mercury, please dispose properly. Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant dis posal options at US_DFS_AssetRecovery@dell.com. Minimum quantities may apply. file://C :kDocuments and Settings~cdeavittckLocal Settings\Tempo...\Quote 81109161 .HTM 4/26/2002 Premier Deli.corn Page ~ o£ !_ Account Team I Feedback I Help Information Purchasing Tools Support Custom Links Florida State Store - Contract # 250-040-99-1 r' Print View Welcome to the Florida State Store Providing Solutions for Public Customers The pricing on this store is reflective of the State Contract # 250-040-99-1. This Dell State Site provides access to a wide variety of product and state specific links and information. To Buy a Dell System at your State's pricing: · Enter the Dell Government Store. OR · Retrieve your equote. ATTENTION HIGHER EDUCATION CUSTOMERS!!! Our State store accessed thru the above link is designed for our Government customers. Please click here for your Education-specific deals, which are still valued at State-contract pricing. ** In addition, if you are a Public University or Community College in Florida, you are eligible to buy from the state-wide Technology Refresh Program contract recently awarded to Dell. You can purchase all your computers, servers, storage, printers, software and projectors in one place! Click here to enter? If you want to access a specific organization's Premier page · Login here · ' f a http ://prem~er.dell.com/prem~er/welcome. sp 4/29/2002 Florida State Store: Customizing Your SyStem Page t of 3 1-$O0-891-DELL Current Orderform I Florida DELL PRECISIONTM WORKSTATION 340 Powered by the latest Intel® Pentium® 4 processors with NetBurst Architecture. ® Delivers superb performance for a variety of standard workstation applications. · Supports up to 2GB of dual-channel RDRAM and a range of AGP 4X graphics cards. · Choice of Small Desktop or Minitower chassis, · Highly capable system at a very attractive price. To configure your system: 1. Select from the options listed to configure YOUR Dell system. 2. Click "Update Price" button at the bottom of the page to make the pricing reflect any changes you have made. 3. Click "Add to Orderform" button at the bottom of the page to add your system to your Order Form. View Drop-down Ltst View Options: Price*:$2,984.89 Vselections may require changes to other configuration choices, Check below, Dell PrecisionTM Workstation 340 Minitower ~lntel® Pentium® 4 processor, 1.70GHz View all System Options Memory I1GB PC800 ECC RDRAM® (2 RIMMSTM) Graphics Card ! nVidia, Quadro4 900XGL, 128MB, VGA/DVI Hard Drive SCSI Hard Drives require selecting the Controller Card below. Mixing of IDE and SCSI Hard Drives is not allowed. For Hard Drives, .GB means 1 billion bytes; total accessible capacity varies depending on operating environment. 140GB ATA-100 IDE, 1 inch (7200 rpm) ~ 2nd Hard Drive Mixing of IDE and SCSi Hard Drives is not allowed I None Controller Card Must be ordered with SCSi Hard Drives. i None Installation Services i No Installation Monitor I No Monitor Option ! View C 2nd Monitor http://rcommerce.us.dell.corn/r.../config.asp?order_code=W1165&conum=84&ConfigType= 4/29/2002 _F!onea State Store: Cu~stom.~.zmg Youz System Page 2 of 3 Only available if RadeonTM VE Graphics Card is selectea. ]None Operating System I Microsoft~ Windows® 2000 Professional (Service Pack 2) :~ ~Dell PCs use genuine Microsoft® Windows® www.microsoft.com/piracy/howtotell CD ROM, DVD, and Read-Write Drives Selection of a~ IDE hard drive limits this configuration to only TWO other IDE devices; therefore, if the CD-RW and CD-ROM option is selected, then no other IDE (Zip Drive, DVD, etc.l devices may be added. NOTE: DVD selections need nVIDIA GeForce 2 GTS, nV~DIA Quadro2 EX, or ATI Radeon VE Graphics Card. 12w48x, CD-ROM Internal Zip Drive Only available if one Hard Drive is ordered. JNone ~ Zip Disk Packs JNone ~ Optional Sound Card This system comes equipped with Integrated Analog Devices AD1885 AC'97 audio. JNone ~ Speakers JNone ~ Additional Network Card This system comes equipped with an Integrated 3COM® 10/100mbps 3C905C compatible network controller. jNone -"==.~[ Modem jNone ~ Keyboard J Enhanced Quietkey, PS/2 Mouse J Logitech®, PS/2 (2-button, no scroll) Mouse Pad JNone ~ Floppy Drive J3.5inch 1.44MB Floppy Drive~ Energy StarTM Energy StarTM is a program administered by the U.$ Environmental Protection Agency (EPA) to reduce the amount of power used by personal corn puters and peripherals. By selecting the Energy Star option, your system will be configured from the factory to enter into an Energy Star compliant sleep state when idle.This option is only available when ordering a Microsoft~ Windows® 200(} Professional Operating System. This option is not available when ordering the Gigabit. PCI. Network Card. http://rcommerce.us.dell.com/r.../config.asp?order_code=Wl 165&conum=84&ConfigType= 4/29/2002 Florida State Store: Customizing Your System Page 3 of 3 ~ Energy StarTM [ $0.00 ] Other Options INone Hardware Support Services 13Yrs Parts + onsite Labor (Next Business Day) Optional Support Services j None Price*:$2,g84.8g 3.-800-891-DELL Current Orderform J Retrieve I~-Qu This configuration is presented for your convenience only. It is available for purchase by US customers who take delivery in the US. Dell will not be res typographical or other errors or omissions regarding pnces or other information. * Prices and lease payments for products are subject to change without notice and DO NOT INCLUDE SHIPPING AND/OR HANDLING CHARGES O[ TAXES. Promotional offers and prices are for a limited time. Prices have been rounded to the nearest dollar for online display. Final order specification including tax and shipping, will be communicated following receipt of your online order, If your organization has a special shipping arrangement with De not receive final, applicable shipping and tax amounts until you receive your order invoice. Please contact your organization's administrator or your De for details on any special shipping arrangements. 12 Please note that this Microsoft software product may use technological measures for copy protection. In such event, you will not be able to use the I not comply with the product activation or reactivation procedures, which may be completed by Internet or telephone (toll charges may apply). For U.S. Customers Only. Copyright 2000 Dell Computer Corporation. All Rights Reserved. Terms of Use I Terms and Conditions of Sale I Online Pdvacy Practices Monday, April 29, 2002 9:17:17 AM CST http://rcommerce.us.dell.com/r.../config.asp?order_code=W1165&conum=84&ConfigType= 4/29/2002 8! 109308 Page .~. o£2 DELL E Com Date: 4/26102 2:35:51 PM QUOTE #: Customer #: Quote Date: Customer Name: QUOTA TION 81109308 861622 4~26~02 CITY OF BOYNTON BEACH TOTAL QUOTE AMOUNT: $81,423.00 Product Subtotal: $81,423.00 Tax: $0.00 Shipping & Handling: $0.00 Shipping Method: Ground Total NUmber of System Groups: I OptiPlex G~40, Pentium 4, 1.7GHz, 256K Cache, Gray Small Minitower Base, IncludesPCl Base Unit: Riser (220.5727) Memo~: 512MB, NonECC, PC133 SD~M, ~56, G~40 (311.1471) Keyboard: Dell Enhanced Quiet Key PS/2 Rubberdome "3 Hot key" Keyboard, Gray, OptiPlex (310~762) Monitor: No Monitor Selected, OptiPlex (320.3704) Video Card: 16MB, ATI, Rage Ultra 128, Video Card, (Full Height), G~40 (320-1732) Hard Drive: 20GB EIDE, 7200 RPM, AT~100 Hard Drive, G~40 (340-35~) Floppy Disk Drive: 3.5 inch, 1 .~MB, Floppy DriveOptiplex (340-2901) Operating System: Windows 2000,SP2,NTFS,CD, Engl sh (420~287) Mouse: Microsoft PSI2 ntell Mouse 1.3A OptiPlex, Gray (310~273) NIC: Integrated 101100 3Corn Remote Wake-up NIC; OptiPlex (~0~061) CD-ROM or DVD-ROM Drive: 48X CD.ROM,EIDE,Small Desktop or Minitower OptiPlex G~40 (313~5) Sound Card: Integrated Sound Blaster Compatible AC97 SOund, OptiPlex (313~170) Speakers: Internal Chassis Speaker Option, OptipleX (313-1495) Documentation DiskeEe: OptiPlex Resource CD (313-7168) Se~ice: Type 3 Contract - Next Business Day Pa~s& Labor On~ite Response Initial Year (900~530) Type 3 Contract - Next Business Day Pa~ & ~bor On~ite Response 2YR Extended (900- Se~i~: 7502) Dirline: Gold Technical Suppo~ Se~iceOptiplex 3 Years, 1~66~76-3355 (DELL) (950~909) Ins~llation: Standard On~ite Installation Declined (900-9987) Misc: GTS,Personai Systems,TechnicalSuppo~ Le~er (46~-3749) file://C 5Documents and Settingskncdeavittc~Local Settings\Tempo...\Quote 81109308.HTM 4/26/2002 ?age 2 o~~ 2 COMMENTS STATE #250-040-99-1 TOTAL QUOTE AMOUNT: $8t ,423.00 Product Subtotal: $81,423.00 Tax: $0.00 Shipping & Handling: $0.00 Shipping Method: Ground Total Number of System Groups: SALES REP: SCOTT DICKSON Email Address: Scott_Dickson@Dell.com PHONE: I 800-981-3355 Phone Ext: 43883 For your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. You may also place your order online at www. dell.com/quote This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable Dell terms and conditions agreement. Prices and tax rates are valid in the U.S. only and are subject to change. All product and pricing information is based on latest information available. Subject to change without notice or obligation. LCD panels in Dell products contain mercury, please dispose properly. Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal options at US_DFS_AssetRecovery@dell.com. Minimum quantities may apply. file://C:kDocuments and SettingskmcdeavittckLocal Settings\Tempo...\Quote 81109308.HTM 4/26/2002 ffrem].er DelLcom Page ! of ~, Account Team I Feedback I Help I Logout Information Purchasing Tools Support Custom Links Florida State Store - Contract # 250-040-99-1 ~ Print View Welcome to the Florida State Store Providing Solutions for Public CustOmers The pricing on this store is reflective of the State Contract # 250-040-99-1. This Dell State Site provides access to a wide variety of product and state specific links and information. To Buy a Dell System at your State's pricing: · Enter the Dell Government Store. OR · Retrieve your equote, ATTENTION HIGHER EDUCATION CUSTOMERS!!! Our State store accessed thru the above link is desig ned for our Government customers. Please click here for your Education-specific deals, which are still valued at State-contract pricing. ** In addition, if you are a Public University or Community College in Florida, you are eligible to buy from the state-wide Technology Refresh Program contract recently awarded to Dell. You can purchase all your computers, servers, storage, printers, software and projectors in one place! Click here to enter!** If you want to access a specific organization's Premier page · Login here http ://premier. dell. corn/premier/welcome, asp 4/29/2002 l:'!onda State Store: Cu. stomizmg Your System Page 1 of 3 1-8OO-B91-DELL Current Orderform I Retrieve Florida S Affordable Pentium®4 for the Evolving Workplace To configure your system: 1. Select from the options listed to configure YOUR Dell system. 2. Click "Update Price" button at. the bottom of the page to make the pricing reflect any changes you have made. 3. Click "Add to Orderform" button at the bottom of the page to add your system to your Order Form. View Opuons: ¢~' View Drop-down List ¢"' ¥Sew ail System Options Price*:$997.18 OptiPlex GX240 Small Desktop i Pentium® 4 Processor 1.7GHz, 256K Cache, NIC and Sound Integrated View C Hardware Support Services 13Yrs Parts + Onsite Labor (Next Business Day) Memory · Please note:When ordering Windows®98, you can only choose up to 768MB of memory. Windows®98 does not suppor/1.0CB or more of memory. 1512MB Non-ECG SDRAM (2DIMMS) ~ Keyboard Please note: e The USB keyboards and mice are not currently supported by the Windows® NT Operating System. The Smart Card reader is only supported by the Windows® 2000 Operating System. I Quietkey PS/2 Spacesaver Key board with 3 Programmable Hot Keys Monitor All Dell branded monitors are covered by DeH's Three-year Limited Warranty. Upgrading to a larger monitor is suprisingly affordable. Dell's line-up of exceptional monitors can deliver enhanced resolution and refresh rates, crisp, vibrant imaging and amazing color depth For warranty details on all programs please contact Dell at 1-800-WWVV-DELL or check our warranty page. l No Monitor Optional Support Services i None Installation Support Services i No Installation Video Cards 116MB ATI Rage Ultra 128 Hard Drive Higher rotational speeds, like 7,200 RPM, provide increased performance. Larger capacity drives give you the space to cache intemet files, store e-mail archives and room for future applications. For hard drives, GB means 1 billion bytes; total accessible capacity vades deoending on operating environment. 120GB EIDE 7200RPM ~ Floppy or Zip Drive http://rcommerce.us.dell.corrFr.../config.asp?order_code=W1088&conum=84&ConfigType= 4/29/2002 .P.I.0D. Qa 3ta, t6 3t(.)r~; t~tIS[O1TllZllltg ~_ our 3ySt~F11. Page 2, oI 3 For removable media, MB means I million bytes; total accessible capacity, vades depending on operating environment. i 1.44MB 3.5" Floppy Drive i Operating System Dell PCs use genuine Microsoft® Windows® www.microsoft.com/pi racy/howtotell · Windows XP Home Edition is a consumer operating sys[em and does not support peer to peer networking of more than five computers, domain authentication, Encrypted File System or remote system management. I~Wind°Ws~"'~'~'00 Professional SP2 with CD using NTFS ~ Mouse Please note: · The USB keyboards and mice are not currently supported by the Windows NT operating system. I Dell PS/2 2-Button Mouse in Gray Network Card I Integrated 10/100 3Com Remote Wake-up NIC Modem jN0n'~'" Removable Media Options When ordering DVD16 with Windows 2000, you must have at least 128MB of memory. t48X CD-ROM in Gray Audio Solution l lntegrated Sound Blaster Compatible Speakers I Internal Dell Business Audio Speaker Documentation i'None Chassis Stand ISmall Desktop Chassis Stand ~ Mouse Pad jNone ~j Factory Installed Software Please note: Norton Antivirus 2002 is not supported by the Windows® NT® Operating System. r- Norton Antivirus 2002 [ $38.95 ] 1-- MCAFEE Virusscan 6.01 [ $34.95 ] Zip Disk/Removable Media r- zip 250 Media 2 Pack [ $36.43 ] r- zip 250 Media 4 Pack [ $73.80 ] Energy Star Label http://rcommerce.us.dell.com/r.../config.asp?order_code=W1088&conum=84&ConfigType= 4/29/2002 ±4 loncia bta~e b~ore: t~ustomiz~ng Your SysTem Page 3 of 3 The Energy Star label can not be quoted with Windows NT. INone Price*:$997.18 :L-800-89:L-DELL Current Orderform I Retrieve This configuration is presented for your convenience only. It is available for purchase by US customers who take delivery in the US. Dell will not be res typographical or other errors or omissions regarding prices or other information. * Prices and lease payments for products are subject to change without notice and DO NOT INCLUDE SHIPPING AND/OR HANDLING CHARGES OF TAXES. Promotional offers and prices are for a limited time. Prices have been rounded to the nearest dollar for online display. Final order specification including tax and shipping, will be communicated following receipt of your online order. If your organization has a special shipping arrangement with DE not receive final, applicable shipping and tax amounts until you receive your order invoice. Please contact your organization's administrator or your Del for details on any special shipping arrangements. 12 Please note that this Microsoft software product may use technological measures for copy protection, n such event, you will not be able to use the not comply with the product activation or reactivation procedures, which may be completed by Intemet or telephone (toll charges may apply). For U.S. Customers Only. Copyright 2000 Dell Computer Corporation. All Rights Reserved. Terms of Use, Terms and Conditions of Sale I Online Privacy Practices Monday, April 29, 2002 9:20:59 AM CST http://rcommerce.us.dell.com/r.../config.asp?order_code=W1088&conum=84&ConfigType= 4/29/2002 Requested City Commission Meeting Dates [] March 19,2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 VII,-CONSENT AGENDA ITEM B,5 CITY OF BOYNTON BEAC[ AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City Commission Date Final Form Mus~Y/~ Turned. :_~! ~n to City Clerk's Office Meeting Dates in to City Clerk's March 6, 2002 (5:00 p.m.) [] May 21, 2002 May 8, 2002 (5:00 p.m.) March20,2002 (5:00p.m.) [] June4,2002 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 [] New Business [] Public Heating [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: MOTION to approve CHANGE ORDERS #1 THRU #3 to EDWARD LAMONS WELDING & DESIGN (Bid #092-2510-01/KR) for the cumulative amount of $24,500.00. EXPLANATION: On August 21, 2001 Commission approved the extension for "Annual Contract for Dumpster Repairs" (Bid #092-2510-01/KR) to Edward Lamons Welding & Design with estimated annual expenditures of $45,000.00 (contract period is October 5, 2001 to October 4, 2002). The dumpster repairs are completed on an "as needed" basis. The large increase in change orders is due to a current surge in new construction (See attached memo from Solid Waste). Procurement Services policy requires cumulative change orders of $10,000.00, or more, be approved by Commission. The cumulative change orders are as follows: Original Purchase Order #020269 Change Order #1 Change Order #2 Change Order #3 Revise PO Amount $ 45,000.00 4,500.00 5,000.00 15,000.00 $ 69,500.00 PROGRAM IMPACT: The average cost to repair a roll-off container is $600 to $800 compared to the cost of a new container that is $1,900.00. It is critical to Solid Waste Division to have the roll-off containers repaired in a timely manner to avoid downtime for the customers, and to avoid overstocking the inventory. In addition, the roll-off containers are a big part of the revenue source for Solid Waste Division. FISCAL IMPACT: Provision for this increase has been established in the Solid Waste Division budget as follows: Account Description Dumpster Repairs Account Number 431-2515-534-46-93 Amount $70,000.00 ALTERNATIVES: Reduce the maintenance to roll-off containers an~cost. Deputy Director of Financial Services ! City Manager s S~gnamre Procurement Services Deparument Name S:kBULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources DEPARTMENT OF PUBLIC WORKS MEMORANDUM #02-046 (Revised) To: Via: Bill Atkins, Deputy Director of Finance Christine Roberts, Assistant Public Works Director From: Date: Subject: Larry Quinn, Sold Waste Manager May 13, 2002 / Revised May 21, 2002 Edward Lamons Welding - PO#020269 Change Order Request The Solid Waste Division is currently under a bid contract for dumpster and roll- off container repairs. The average cost to repair a roll-off container is $600 to $800 instead of $1,900 for a new container. Our roll-off service is a very big part of our revenue stream and it is critical to our operation to have the roll-offs repaired as quickly as possible in order to avoid downtime to our customers and to avoid overstocking our inventory. I am requesting $15,000 to be added to Blanket PO# 020269 in order to carry this service to our new budget year. The large increase is due to the fact that we are presently in the midst of a large new construction surge and with quick efficient repairs we will not be forced to funnel business to outside solid waste contractors and therefore we will not be losing any revenue. Original Blanket PO Amount $45,000 Change Order #1 $4,500 Change Order #2 $5,000 Change Order #3 $15,000 Adjusted Blanket PO Amount $69,500 LQ/dc 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 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 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 RECOMMENDATION: [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report Motion to approve the purchase of Microsoft Enterprise Agreement software licensing from Software House International in the amount of $t31,944. EXPLANATION: As of August 1, 2002, Microsoft will no longer allow owners of previously purchased products to upgrade those products without a licensing agreement. The City of Boynton Beach does not currently have a license agreement with Microsoft for software products. The City purchases upgrades on an as-needed basis to keep up with current technology and customer demands, which was typical in the technology industry. PROGRAM IMPACT: Without a license agreement in place, the City will be required to re-purchase all of its Microsoft products and services in order to upgrade to the next available release. For example, the City has standardized on the use of Office Professional for its office automation software (Word, Excel, Access, PowerPoint, etc.). In order to upgrade to the next version without this agreement in place, we will be forced to abandon our current investment in the software product and purchase new licensed versions at the full price (not the previously available product upgrade price). The licensing agreement requires the City to pay for Microsoft license maintenance for each of the next three years, ensuring coverage for all City-owned PC systems and servers. This will ensure that each of our Microsoft licenses will be current and covered for all current and future versions of the products we license (including Windows Professional operating system, Office Professional suite, Windows C.A.L., Exchange C.A~L., S.M.S.C.A.L.~ SharePoint C.A.L., S.Q.L.). The State of Florida has' reached an agreement with Microsoft that leverages the State's buying power to the equivalency of the 50,000-unit level, This savings is being passed on to the consumer. Microsoft and Software House International have also committed to pass back any savings realized if/when the state exceeds the 50,000-unit level. This savings will be passed on in the form of price decreases on the 2nd year of the contract. FISCAL IMPACT: Funding is available in the I.T.S. Department, Police Department and Utilities Department budgets as follows: I.T.S. Department 001-1510-513-51-25 = $71;493 I.T.S. Department 001-1510-513-64-14 = $5,378 Police Department 001-2110-521-51-25 = $44,873 Utilities Department 401-2821-536-51-25 = $10,200 S:kBULLETINXFORMSXAGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Do not enter into this agreement with Microsoft. The City will be required to purchase full product licenses for each product on each PC whenever it is necessary to upgrade to a new software product (Word, Excel, PowerPoint, etc.). The cost to re- purchase our products will be greater than the cost of this licensing agreement (combined products per PC system without the licensing agreement equals $1,125 per PC versus the cost of the three year licensing agreement per PC system equaling $612). This results in an overall cost increase of $307,800 (600 PCs multiplied by the difference of $513). metTllace. Director of information S~l~ic?~/s{~ ~gg/t/~ Information Technology Services City Manager's Signature City Attorney / Finance / Human Resources S:kBULLETIN~ORMS~GENDA 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 MICROSOFT ENTERPRISE, FOR SOFTWARE LICENSING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, as of August 1, 2002, Microsoft will no longer allow owners of previously purchased products to upgrade those products without a licensing agreement; and WHEREAS, this licensing agreement will prevent the City from being required to re-purchase all of its Microsoft products and services in order to upgrade to the next available release; and WHEREAS, the City Commission, upon recommendation of staff has determined that it is in the best interests of the citizens and employees of the City to enter into an Agreement with Microsoft Enterprise for the software licensing. 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 an Agreement between the City of Boynton Beach, Florida and Microsoft Enterprise Agreement being attached hereto as Exhibit "A". Section 2. upon passage. This Resolution will become effective immediately PASSED AND ADOPTED this day of June, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Core,missioner Commissioner ATTEST: City Clerk (Corporate Seal) Commissioner S:ca/reso/agreements/Micr osoft SHI~ Quote # 262033 Page I of 1 McNally, John From: thomas_naelon @shi.com ent: Tuesday, May 07, 2002 4:07 PM To: McNally, John Subject: SHI Quote#262033 Pricing Proposal Quotation #: 262033 Quote Valid Until: 5/30/2002 City of Boynton Beach John McNally 100 East Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Phone: (561) 742-6070 Fax:(561 ) 742-6092 SHI Account Exec Thomas Naelon 2 Riverview Drive Somerset, NJ 08873 Phone: 954-581-9997 Fax: 954-581-9344 All Prices are in US Dollar (USD) Product Qty Your Price Total 1 MS Enterprise Agreement - Full Platform - Off Pro / Win Pro / Core CAL 600 203.97 122,382.00 Mfg Part#: A07-00000 Windows Server - EA Addon - UNSA 16 179.13 2,866.08 Mfg Part~: A07-00001 3 Windows Server - EA Addon - New License plus SA 4 284.97 1,139.88 Mfg Part~: A07-00002 4 Systems Management Server - EA Addon - License plus SA Mfg Part~: A07-00003 1 178.36 178.36 5 Exchange Server Enterprise - EA Addon - License plus SA Mfg Part#: A07-00004 1 1,586.15 1,586.15 6 SQL Server Standard - CPU License - EA Addon - License plus SA 2 1,896.13 3,792.26 Mfg Part~: A07-00005 Total 131,944,73 Additional Comments Florida State Contract 255-001-01-1 This is approximately what your annual payment would like for the Microsoft products you requested if you were to execute an Enterprise Agreement. SQL server is not included but can be if necessary. 5/21/2002 Enrollment Number Reseller Must Complete the Following Customer Purchase Order Number Enterprise Agreement Number Microsoft Business Agreement Number For Microsoft Internal Use Purposes I 01E50535 U0275474 MICROSOFT ENTERPRISE ENROLLMENT This MICROSOFT ENTERPRISE ENROLLMENT is entered into between you (the enrolled affiliate signing below-) and us (the Microsoft affiliate signing below) as of the effective date identified below. If different from the main contact information, any notices must be addressed to the contact and locations outlined in the notices section below. We will notify you in writing if our address information changes. You must notify us in writing if your address changes. Company Name C~['~ 0~- ~OV~ ~0~2~ Street Address and/or post office box 1oo o,ltoTmo 6cVh City and State / Province . Couo d Contact Name ~ ~,~ C/~ 10c ~,,~L~ Phone Number 7 a-¢07o F~ Nmber Email Ad&ess For the A~nfion oE Customer Notices Information (ff different from above) Company Name Street Address and/or post office box City and State / Province Name and address of contracting Microsoft affiliate MSLI, GP Street Address and/or post office box 6100 Neil Road Suite 210 City and State / Province Country and Postal Code Phone Number Reno, NV USA 89511-1137 775-823-5600 FaxNumber 775-826-7287 Email Address ~' Selquest~ microsoft, com For the Attention of: Dept. 551, Volume Licensin~ The enrollment and attached documents should be sent to the above address for approval and processin[. All NOTICES should have Copy To: Microsoft Corporation, Law and Corporate Affairs One Microsoft Way Redmond, WA Country and Postal Code USA 98052 Contact Name Phone Number Fax Number Email Address For the Attention of: 425-936-7329 ~Microsoft. com For the Attention of.' Volume Licensin~ Attorne7 Term. This enrollment will expire 36 full calendar months from the effective date indicated below unless terminated earlier as provided in the Microsoft Enterprise Agreement or extended as set out in the next sentence. You may elect to extend the term of this enrollment for an additional 12 full calendar months. To do so, you must submit an order for the extension period to your reseller within 15 days following the term, covenng the enterprise products, the additional products, and any additional qualified desktops added prior to the end of the term Microsoft Enterprise Enrollment (MSLIj v5.1 ~orth American) October 15. 2000 CoverPage Page 1 ~f14 (including any qualified desktops for which you are required to submit an order as part of your third anniversary tree up). The reference price for the extension of each enterprise product will be equal to the total enterprise product price divided by 3, divided by the initial number of qualified desktops, multiplied by the total number of qualified desktops licensed as of the end of the term (including any qualified desktops for which you are required to submit an order as parr of your third anniversary tree up). We are nor able to provide additional product reference pricing for the extension term. Please contact your reseller for your price and payment terms for the enterprise products and additional products for the extension term. Terms used in this enrollment shall have the meanings assigned to them in the Microsot~ Enterprise Agreement identified above. By signing this enrollment, you represent and warrant that: a. You have read and understood the Microsoft Business Agreement and the Enterprise Agreement identified above, including any addenda and amendments to that agreement (specifically including but not limited to the current version of the product use rights), and agree to be bound by those terms. b. You are either the entity that signed the Enterprise Agreement identified above or its affiliate. c. You have 250 or more qualified desktops, unless this enrollment is amended, pursuant to Section 10 of the Enterprise Agreement, to permit as few as 100, subject to your agreement not to receive free CD-ROMs. This enrollment consists of (1) this cover page, (2) the Shipping Information Form, (3) the Enterprise Order Form, (4) the Enterprise Update Statement, (5) the Reseller Information Form, and (6) the Product List, and by signing below, you agree that you are bound by the terms of the Microsof~ Enterprise Agreement identified above and the product use rights applicable m products ordered under this enrollment. By signing below, you represent that the information that you provide on each of the attached forms is accurate. Name of Company: Name of contracting Microsoft affiliate: MSLI, GP By: By: (Signature) (Signature) Name: Name: (Printed) (Printed) Title: Title: (Printed) (Printed) Date: Effective Date: APPROVED AS TO FORM: OilY/[I'roRNk-~r Microsoft Enterprise Enrollment (MSLI) v5.1 Cover Page Page 2 of 14 tNorth Americani October 15, 2000 Shipping Information Form License Confirmations and Select CD-ROM subscriptions will be shipped to thc following address. If the CD-ROM shipping address differs from the License Confirmation shipping address, please complete the Initial Fulfillment Kit/CD~ROM Shipment Contact address section below. License Confirmation Ship-to Information (If different from address on the cover ?at4e) I C °mPany Namec,.~' Street Address Ci~ ~d State / Prownce Coun~ ~d Posial Code Contact Nme Phone Number Fax Number Comp.any Contact Emait A.Odre.ss ,, ^ ~ ,j ~.~ Company Contact Language (If different than language of this agreemenrg Microsoft Account Manager Name Microsof~ Office Location Microsof~ Contact Email Address (if applicable) Initial Fulfillment Kit / CD-ROM Shipment Contact (IfdiJ, Company Name Street Address l~erent,,from License Confrrnation contact above) Contact Name Phone Number Fax Number Cityand State/Province and Postal Code Country EmailAddress Microsoft Select Enrollment t'MSLI) vS. 1 tNorth American) October 15. 2000 Shipping Information Form Page 3 of 14 Microsoft Select Enrollment (MSLI) vS. 1 Shipping Information Form Page 4 of l 4 ~orth American) October 15, 2000 1. Definition of the Enterprise Enterprise Order Form Section 1: Your enterprise must consist of entire legal entities, not partial entities such as departments, divisions or business units. Each affiliate must be entirely "in" or entirely "out". Note: when we refer to Enterprise Enrollment, we mean either an Enterprise Enrollment or an Enterprise Select Agreement. Please check only one of the applicable boxes in Section 1 below. Note: all affiliates acquired after the effective date of this enrollment that are nor parry, ro an Enterprise Enrollment of their own will automatically be included unless you fill in Section 2 below. (i) M You and all affiliates. (ii) [ ] 1. 2. 3. 4. You and the followin~ affiliates will be particil~atin~,: 6. (NOTE: If more than 6 affiliates are bein~ included, attach list of names on separate piece of paper.) (iii) [ ] 2. 3. 4. 5. 6. lection 2: Unless [] You and all affiliates, except the followin~ affiliates will be participating: eparate piece of paper.)i , acquired after the effective date of this enrollment that are not party to an included. Exclude all affiliates acquired after the effective date of this enrollment that are not party to an Enterprise Enrollment of their own. 2. Designated Languages You will use the emerprise and additional products in the language category specified below. Please mark one box below with an "X" for the language category of your choice. "Listed lan~uaees" means any of the following localized language versions Chinese Simplified, Chinese Traditional, Czech, English Greek, Hebrew, Hungarian, Korean, French Canadian, Japanese, Polish, Portuguese (Braztl), Russian, Turkish, Thai and if this enrollment is signed in Latin America, then Spanish. "All languages" means (i) all of the languages in the listed languages category above, and (ii) all of the restricted languages below. "Restricted languages" means Danish, Dutch, Finnish, French, German, Italian, Norwegian, Po_~guese (Portugal), Spanish, Swedish, Arabic and, if the enrollment is signed in Austria, Belgium, Denmark, France, Finland, Germany, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, United Kingdom, Svntzerland, S,s eden, or Spare, then Enghsh becomes a rest-nc ed language. Listed Languages Note: By electing the listed language category you may use a maximum of 10 ~ of the copies of any product in the restricted All Languages languages. Microsoft Enterprise Enrollment (MSLI) vS. 1 /North American) October 15. 2000 Enterprise Order Form Page 5 of 14 Enterprise Order Form 3. Language Allocation You estimate in good faith that you will use the enterprise and additional products in the languages and percentages specified below (if more space is needed, please attach on a separate sheet): Language Versions Percentages % % % % 4, Enterprise Product Licenses The prices stated below are for your reference only. Your price and payment terms for all products ordered wilt be determined by agreement with your chosen reseller. a. Initial Order for Enterprise Products rTo be completed by Microsoft or reseller2 The price of the enterprise licenses for the initial order will be billed to your reseller in annual installments. The first installment will be invoiced upon submission of the order; the remaining installments will be invoiced at each anniversary of the effective date of this enrollment. 1 Qualified Desktops: You represent that the total number of qualified desktops in your ] enterprise is, or will be increased to this number, during this enrollment. (This number must be I equal to at least 500 desktops.) You must choose the Enterprise Desktop Professional Platform or at least one of the individual enterprise products by checking the boxes below. (You may choose more than one of the individual enterprise products.) This choice must be made before selecting any of the additional products listed in section 5a below. (a) (b) = (a) * number of (c) = (b) * 3 year term qualified desktops above Enterprise Product ~t Annual enterprise product ~ desktop Annual enterprise product Total enterprise product price price price Office Professional Office Standard Windows Desktop Operating System Upgrade BackOffice CAL Cor~ CAL Windows Server CAL Exchange Server CAL Systems Management Server CAL Microsoft Enterprise Enrollment (MSLI) v 5.1 Enterprise Order Form Page 6 of 14 /North Americanj October 15, 2000 Enterprise Order Form SQL Server CAL SharePoint Portal Server CAL Initial EnterPrise prmt~ UctOrder .' . · Totai::(surncolumn(~)forthe~ ~ · ~:,. en terpr'isePrO ducts ChO ~en above9 : Note: Because all oPerating system licenses provided under this program will be upgrade licenses, you agree that all new or replacement qualified desktops acquired during the te,_~n of this enrollment on which you will mn the Windows operating system will be licensed for one of the following from the desktop s Original Equipment Manufacturer: Windows 95, Windows 98, Window NT Workstation, Windows 2000 Professional, or successor products to Windows 2000 Professional. b. Enterprise True up Orders for Enterprise Products fTo be completed by Microsoft or reselter] The price of the enterprise licenses for any tree up order will be billed to your reseller upon submission of your order. Tree up orders must be submitted within 15 days following the anniversary of the effective date and expiration or termination of this enrollment. ICurreney I I Please complete the table below for the enterprise products selected in section 4(a) above.. Enterprise Product First anniversary per Second anniversary per Subsequent anniversary per desktop price desktop price desktop price Office Professional Office Standard Windows Desktop Operating System Upgrade BackOffice CHent Access License Core Client Access License Windows Server Client Access License Exchange Server Client Access License Systems Management Server Client Access License SQL Server Client Access License SharePoint Server Portal Microsoft Enterprise Enrollment (MSLI) vS.1 fNorth ~4merican) October 15. 2000 Enterprise Order Form Page 7 of 14 Enterprise Order Form Server Client Access License [ [ Note: Because all operating system licenses provided under this program will be upgrade licenses, you agree that all new or replacement qualified desktops acquired during the term of this enrollment on which you will mn the Windows operating system will be licensed for one of the following from the desktop's Original Equipment Manufacturer: Windows 95, Windows 98, Windows NT Workstation, Windows 2000 Professional, or successor products to Windows 2000 Professional. c. Subsequent Orders for Enterprise Products The price of the enterprise licenses for any subsequent enterprise product order placed prior to the first anniversary will be billed ro your reseller in annual installments. The first installment will be invoiced upon submission of the order; the remaining installments will be invoiced at each anmversary of the effective date of this enrollment. The price of the enterprise licenses for any subsequent enterprise product order placed afier the first anniversary will be billed to your reseller upon submission of your order. 5. Additional Product Licenses FTo be completed by Microsoft or reseller) The prices stated below are for your reference only. Your price and payment terms for ali products ordered will be determined by agreement with your chosen reseller. The price of the additional product ticenses for the initial order in section 5(a) below and any additional product licenses ordered prior to the first anniversary of the effective date will be billed to your reseller in annual installments. The first installment will be invoiced upon submission of the order; the remaining installments will be invoiced at each anniversary of thc effective date of this enrollment. Subsequent orders of additional products placed after year 1 will be invoiced in total upon submission of the order. a. Initial Order for Additional Products Fro be completed by Microsoft or reselleu ICurrency I I You may choose to license additional products by entering the names of and quantities for the products of your choice in the table below. For a list of the available additional products, please contact your reseller. You may choose more than one additional product. Please enter the appropriate quantity of licenses for each additional product you choose to license. If you choose to license more than 10 additional products, attach a list of names and quantities for the remaining products on a separate piece of paper. (a) (b) (c) -- (a) * (b) (d) = (c) * 3 year term Additional Products Quantity Annual additional Annual additional Total additional product product ~ license product reference price reference price reference price Microsoft Enterprise Enrollment (MSLO vS. 1 Enterprise Order Form Page 8 of 14 (North Americanj October 15. 2000 Enterprise Order Form (a) (b) (c) = (a) * Co) (d) = (c) * 3 year term Additional Products Quantity Annual additional Annual additional Total additional product product oer license product reference price reference price reference price ' Initial Addi~nal ProdUct~Order . · '~ Totak(~um ~otumn(¢) fO~ / · .i ! · Microsoft Enterprise Enrollment (MSLI) vS. 1 (North American) October 15, 2000 Enterprise Order Form Page 9 of 14 Enterprise Order Form 6. Initial Product Order Total for the Enterprise and Additional Products Chosen in 4a and 5a above (To be completed by Microsoft or reseller) I':u"ren yI Annual enterprise and additional product reference price 1 Initial Enterprise Product Order Total from 4a 2 Initial Additional Product Order Total from 5a 3 Grand Total 3=1+2 Microsoft Enterprise Enrollment (MSL1) v5. l Enterprise Order Form Page 10 qf 14 fNorth American) October 15. 2000 Enterprise Update Statement ENTERPRISE AGREEMENT NUMBER ENROLLMENT NUMBER COMPANY NAME ENROLLMENT ANNIVERSARY DATE An Enterprise Update Statement must be submitted ONLY if the number of qaalified desktops for the enterprise products has not increased as of any of the anniversary dates of your Enterprise Enrollment. If there has been an increase in the number of qualified desktops for the enterprise products, please submit an order to your reseller. I agree that there has been no increase in the number of qualified desktops for the enterprise products in my enterprise. Statement completed by: Name of Company Authorized signature Contact Name (please print) Title Date Submit an original to: Your reseller Microsoft Enterprise Enrollment (MSLI) v5.1 (North American) October 15, 2000 Enterprise Update Statement Page I1 of 14 Reseller Information Form (Reseller should complete the following sections.) 1. General information Reseller Headquarter Information Reseller Company Name Headquarters Street Address and/or post office box Distributor Information (ifa?plicable) Distributor Company Name Headquarters Street Address and/or post office box City and State / Province and Postal Code City and State / Province and Postal Code Country Contact Name Phone Number Fax Number Email Address Country Contact Name Phone Number Fax Number Email Address 2. Billing information for enterprise and additional product coverage (To be filled in for customers with 500-4,999 desktops ONLY. /t Channel Price Sheet will be supplied by Microsoft for customers with 5,000 and greater desktops.) a) Direct partner purchase order number: b) Part number and price information for enterprise and additional product Hcense coverage: Insert in the table below the Microsoft part number and price information to be billed for the enterprise product desktops and additional product quantities entered in Parts 4a and 5a of the Enterprise Order Form and by language selected in Part 2 of the Enterprise Order Form. c] Price list month fthe month of the price list the prices listed below are from): ICurrency I Microsoft Enterprise Enrollment (MSLI) vS. 1 Reseller Information Form Page 12 of 14 FNorth American! October 15, 2000 Reseller Information Form (_NOTE: Ttte [~art numDer antl ~rtce lever tn 'ormat~on requtrea oetow ts ~rovlaea to lne vlrect ~'artner on the Lnterprt~g Microsoft Part Number Product Offering Price Purchas. Usage Quantity Language Level Unit Country Microsoft Enterprise Enrollment ~MSLi) v5.1 [North Americanj October 15. 2000 Reseller Information Form Page 13 of 14 Reseller Information Form Please note: Billing currencies are limited to the currencies Microsoft accepts in a given country. Microsoft accepted billing currencies are stated, by country of enrollment, in the table below. The currency selected for this enrollment will apply for the entire term of this enrollment including the extensions. Currency US Dollars Canadian Dollars Australian Dollars New Zealand Dollars EURO Danish Krone Japanese Yen Korean Won Norwegian Krone Pound Sterlin~ Swiss Franc Swedish Krona Taiwan Dollar Accepted in Country United States, Latin America, Asia (except Japan, Korea, and Taiwan), Greece, Eastern Europe, Middle East, Africa Canada Australia New Zealand Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, Spain, Switzerland, Sweden, and United Kingdom Denmark Japan Korea Norway United Kingdom Switzerland Sweden Taiwan The above price levels for the initial order will be extended to reseller for the term of this enrollment. The price of the enterprise licenses and additional product licenses will be billed in annual installments. The first installment will be invoiced upon submission of the order; the remaining installments will be invoiced at each anniversary of the effective date of this enrollment. Signature acknowledges that the above price level and country of usage information has been reviewed and agreed to by the reseller, subject to the terms and conditions of its agreement with the licensing Microsoft affiliate. Reseller by signing below, acknowledges that it has read this enrollment (including any amendments to it), and reseller acknowledges that pursuant to the terms of this enrollment, the enrolled affiliate may have rights to terminate this enrollment under certain ctrcumstances, or reduce the number of qualified desktops covered in ways that may reduce the total enterprise and additional product price. The undersigned confirms that the Reseller and Distributor information is correct. Name of Reseller: Name of Distributor (if appropriate): By: ~ By: (Signature) (Signature) Name: Name: (Printed) (Printed) Title: Title: (Printed) (Printed) Date: Date: Microsoft Enterprise Enrollment 'MSLI) vS. 1 Reseller Information Form Page 14 qf 14 (North American) October 15, 2000 Requested City Meeting [] March 19. 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 Commission Dates VII.-CONSENT AGENDA ITEM B.7 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 5, 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 Citw Clerk's Office May 8, 2002 (5:00 p.m.) May 22. 2002 (5:00 p.m0 June 5. 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM RECOMMENDATION: [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report Motion to approve the purchase of a X_IOtech Magnitude Storage Area Network through GSA Schedule 35F-4710H in the amount of $99,744 from I.T.S. Account 001-1510-513-64-15. EXPLANATION: Our network disk storage is near full capacity lacking the necessary space to meet the growing requirements of city business. GIS, LaserFiche imaging, and general file storage lack disk space for upgrades and enhancements. Initiatives for e-gov, e- mail, and web services require more disk space. By implementing a consolidated shared capacity Storage _Area Network, the city can meet the at-hand requirements while positioning data storage architecture to maximize efficiency and reduce overall cost. Consolidated shared data storage architecture offers a high degree of data availability and reliability with a reduction in costs. Implementing SAN architecture will consolidate data storage and alleviate the present high cost methods of maintaining computer technology necessary for conducting city business. PROGRAM IMPACT: Currently there are fifteen servers operated by the I.T.S. Department. This translates into a multitude of high capacity, costly machines not fully utilized; therefore, not maximizing full cost effectiveness. A consolidated data storage network will improve efficiency and cut costs. The practice of purchasing new servers including disk storage to meet the city's requirements will be managed by adding consolidated disk storage only for the servers. The growth requirements will be met and the high price of additional servers and server management can be greatly reduced. New initiatives, upgrades, enhancements, and consolidation can be accomplished at significantly reduced cost. FISCAL IMPACT: Funding is available in the I.T.S. Department Computer Equipment Account (001-1510-513-64-15) in the amount of $81,321 and the .Computer Equipment/Software Reserve Account (001-5000-590-02-27) in the amount of $18,423. Sixty Thousand Dollars ($60,000) for GIS Storage Expansion and $21,321 for printer replacement will be combined and utilized out of 001- 1510-513-64-15 account to make this purchase. Printers will not be replaced this fiscal year due to the critical need for disk storage. Future minimum savings in the amount of $45,000 per year will be realized by centralizing our storage needs. ALTERNATIVES: Eliminating new initiatives and enhancements for the city's IT infrastructure eventually results in an overall expanded budget of supporting old, out dated technologies. Continuing past methods of adding computer servers with attached data storage is done at substantially increased cost. S:kBULLETINkFORMS~GE~A ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Peter Wallace. Directo~ of Information Services// Information Technology Services City Manager's Signature City Attorney / Finance / Human Resources S:'~BULLETIN'XFORMSXAGENDA ITEM REQUEST FORM.DOC 0 ITl Z 0 Cf) m C~ 0 ITl ITl ::o0 0--4 ITl 0 X - ech® A Seagate Company 5455 Flying Cloud Ddve Eden Praide. MN 55344-3305 Quotation -to: City of Boynton Beach ATTN: John Mcnally TEL: 561 742 6073 FAX: =MAIL: mcnallyj~ci.boyntOn-beach.fl.us Thi~ Quot~tJort _contains XlOtech's Terms and Conditions of Sale. contact XlOtech imm6~iately. QuoTe Date: 5/1 0/2002 Quote No,: Cit-5102002-779 If you did not receive XlOtech's Terms and Conditions of Sale, please Qt~ GSA item Part Number Description Price Unit Pricing Extension System 1 YES MAGNITUDE SANBuilder Bundle 800200-000 MAGNITUDE SANBuilder Bundle: q~y. 2 ~ Ports, city. 2 $ 49,500 $ 47,500 $ 47,500 1 lOV Fibra Channel HABs, REDI SANBuiider Software SuSie 4 Server Restriction (REDI Storage Manager, REI~ Copy, REZN Access), qty. 8 73 GB drives, qty. 2 5m cables, 1 Year 24 X T Warranty, Installation, Active Watch Activation Connectivity 12 YES 5m LC Duplex/LC Duplex Fiber 840056-000 5m LC Duplex/~C Duplex Fiber Optic Patch Cord $ 205 $ 131 $ 1,57'2 Optic Patch Cord 2 NO Brocade 3200 8.port Switch 770053000 Brocade SilkWorm 3200 8-port switch: Entry. Fabric Switch (1 S 8,395 $ 8.395 $ f6,790 E-port), WEB TOOLS, 8 SFP media, and Fixed brackets. 8 YES QLogic 2310F 2Gb HBA 770046000 QLoglc 23~OF2Gb Server Host Bus Adapte~. $ 1,938 $ 1,758 $ 14,06~I I YES SANBuilder Upgrade 2 Ports to 4 880015.000 For MAGNITUDE SANBuilder Bundle ONLY, Upgrade from 2 $ 8,750 $ 8,717 S 6,717 Ports (includes 2 FC HABs) Ports to 4 Ports. Includes sofMara switch and qty. 2 Fibre Channel HABs. Storage 2 YES 73 GB IO. O00RPM Drive 800046.000 MAGNITUDE Hard Drive with supercooled, ESD-protected, hot. $ 4,595 $ 2,766 $ 5,532 swappable, drive shu#le 2 YES PROMOTION-Prae73GB 300540.500 Promotionalofferthatprovidesonefraeharddrtveforevery S (2,830) $ (2,830) $ (5,660) IO, O00RPM Drive seven drives of equal size and speeds. ~ expires May 31, 2002, and ot~er restrictions apply. Professional Services YES Standard Hub/Switch Installation 010004-000 Installation of 1 XlOtsch.certifled FC-AL Sw#ch or Hub S 1,250 $ 773 $ 1,546 (each) YES Standard Shipping 020004-000 Guerantes¢l, lnsurad, standard shipping $ 1,010 $ 1,010 S f.0?0 Service Agreement YES Xpert Care Plus - 1 Yesr Agraement 020060-1tl (includes software maintenance and 7 x 24, 4.hour non-CPU support) Xpert Care Plus - 1 Year Agreement (includes sof~vara maintenance and 7 x 24, 4-hour non-CRU support) $ 10,873 $ 10,673$ 10,673 Total Investment Document Control # 2815.10873 version 3.f4 Terms and Conditions Please reference the "Quote No." at the top of this quotation in your purchase order. Offer valid for 30 days from Quote Date. Payment terms are Net-30, Taxes. duties, shipping and other similar costs not included unless otherwise stated above. The attached "XlOtech Terms and Conditions of Sale" apply and are incorporated herein by this reference. If you did not receive "XlOtech Terms and Conditions of Sate", please contact ~XlOtech immediately. Customer expressly agrees that all purchases from XlOtech shall be governed by the "XlOtech Terms and Conditions of Sale." This is Page 1 of 3. If you did not receive all 3 pages of this quotation, please contact XlOtech immediately. J( tec,h' A Sea,ate Company .All Pm'chase Orde~ are subj¢c~ ~ me~ cmd~tiom pre~nma on ~ accomp~vu g a wu~auon ~ O~er/<~ow~m~ x~cn sp~ific~ rejec~ ~d C~mmer sp&ific~y ~da~ afl ~qvlsio~ m ~sh~e ~dp~ flclu~g ~odmd f~ ~ docmenm, i~se m~s ~oma~ ~d ~der Ac~owled~ent sh~ conmtu~ ~e mt~ a~eement (me ".~ement') be~n XI~e~ ~d ~smmer wi~ ~s~ct m ~v ~ch~ ~der md ~e Maenads m~or Semces provi~d hereun~r. ~ese tern ~d con~ifi~ ~p~de my p~pr or. ,., . con~mpo~ems ageemenB or revresen~u~s w~n or om. ~y ~en~nt or m~ncauon or,ese ~s md con~ons must%e m ~tmg ~d ~ed by XI~ech ~o be b~g on XIO~ch 1. DEF~ONSAND ~E~TATION: Wi~ follows: , "~h" me~s ~O~ch Co~aUon ~or · "Customer' me~ t~ pe~n or emiW however cmsffmmd m ~hom ~e Mamnm or ~emces ~ ~i~d. , "Mamr~l" me~ ae ~oduc~ ~or StUd So~ off~ for ~e or ~c~d Customer ~ t~e of ~e. M~fi~ does n~ ~clu& Seduces. , "Orfl~ Ac~ow[~ment" me~s a doc~t f~sh~ by ~O~ch re,irt 0f a ~ch~ ~der ~d ~Omg~'s ~m~t to.supply ~e Mmen~ ~or ~emces sm~d ~m ~r ~e te~ ~d condmons smt~ nemm. e~ipmem offe~d f6r ~e by ~h m Cm~mer. ~od~t d~.not ~3de Sm~ ~. · "~reh~ Order' me~s Cusm~f s ~ent for ~e newsman of~a~ ~or. . Se~ces. exclmve of~l primed t~s, cmditiom, w~fies ~r~n. · "Ouma~n" m~s eider XI~pch's written o~[ m~[[ Se~ic eL~or ~t~ or XI~ech's.d~mgnt~at provmeg&s~ ottne ~ta~em otwom ~a pricing co~e~n~ng m me ~nt or w om · "Se~" me~s vinous. ~ of sec'ices provided ~ XI~h m ~t~er mclU~ng but not ~i~d m, rog, ~n~ce ~c~, oN-si~,sh~ ~p~ en~ m~mg md ~om 5emces ~m ~en~. ?~uo~ r~s m~ ~p~ ~r ~ ~s. ~uc~ ~ s~,,~pulm ~ p~ss ~rgm?5- ~3 ~E~ XI~e~ ~ or m p~ota ~ct ~le. ~m~ ~o~m~ ~ ,~ ~*~ ...... , ~amment of~ork" m~s XI~n's S~ices m ~ ~ffo~ md ~y Matefim m ~ ~pnea. ~t~ion wi~n ~ d~m~ ~ defined m follows: (i) h~gs ~e for convemen~ only ~d do not df~t in~ma~ m; (fi)~e rete[~c~ m a p~ m~ XI~ecn ~d ~mm~ exctmive~y;~a, tiv) mmg eve~! ora herein, ~e m~ ~d con~uo~ hereto mclud~ the ~r Ac~owl~t ~a ~ rio sh~l gov~ L ACC[ XlOtech Te~ms and Conditions of Sale Page 0291~4 R~ev. 1.0 ©20Go, X]Otech Corporation 5 P~ment Te~: Cu~m~'~ ~t ob~ga~ F~ smtefl gn ~O~h's mv~,c~s ~d C~r ~s to ~y ~ ~ ~og~ ~9~, ~qm~t ~ or ~mqnon. w }mm hvoices for Semis mJ~ ~ ~md~d ~ ~c~= ~i~ an esmb~sh~ ~le~ne s&edm e or n comvJet on or~y Se~iges Pr ~ m~ Lmte ~ges of one ~fl one-h~fp~rc~nt r llatlL~ ~ SITE PREPARATION AND CONDITION FOR SERVICES: Customer will be solel aces. to the : with all ~iable as~stos a · such acepted by Customer ~0 which XlOtech of either i) or iii) regmd or m ;additional result ? any L Errors/Omissions: Errom or onussms in price are subject to con'e~liun bY XIO~h a~ mY time: ~ ^ditts~neas: ~ price of S~erviee. s may su~se~qu.e.n.~ ~ adj _us~l~ _a_t_.mZ~E~q~ ~~ discretion to. ren~tOe i~,~act,o.r, tOSustom~ · e Quotation an~or Sta~, ,ment.ot wo~ ~me part3cm .ar.~,es,,an~Oml Customer to ~totm tis omi. gain s m mr ae~u6ns > aha o. xlO~n wfl atovme a mten notice and.rehso~ for,e gj-.t~, a..t, ,fl~a r, eas~nable ~pe~_'.,~f~me awm'e of an eveat un(let W~cl~ 2 oto~ ~ mten~s to.,reqLest {m determine, in a ~_m_mercjany, re ?m ~ ma~,er, m,e a~jus~ent ~chag~,,e~m~.nt,.XlOt~nwmc~ an.,u topeFo.r~a, me.~_?_~_c..,.eS_Sl~.~.~'~v for mi ~lul OusL~. s~aays or ~ t g~r x greater t.tme, mffi ~m~u_r_,~,~...~_u ~..~,. X[Otech. dnless (a) customer t, ; to ay..amo_unu aue ~o ~.t~. 'n wa.rE...uu,, wz o,,.~- specifically i{e.nlifi~ i~ the Q~, trio, ~.S~atem. en},otw, or~ ,p~rtm ~t~n$_ .s~s%PeevnS~r t&minationotlheSe~Ces~c¢~ ; or ;I ~u.sA.o.me.rtsoJnerw~;mo~.aun**$3p~y t. adiuSUmnt to the price has not t mn ,de wtthin me a~orementtoned leu (10~ Duq, ness aay. s, X~O~ shall hav. e the ri~t tO ~ .m,~ te ~v2r ,all Pu~e, ~hase ~der.s, **m. wh. de. or mR~ amx m addition to any other re~y av t~l~ to ;~Lrte~ a~ t~astorner sna~l ma~e ~mmem~ ~avraenttoXKke;honac¢oum fal ,hterialsdeliveredaM/orSer~icesrendered 3..Tax~: ta afl~tion t~ ~e Fice x g ttenai or S~ices, C~stomer will pay ~Ot*e~nt~ mom ~ u~d~ ~ I~rform~. ~ of in' 5em _:es, except taxeS_on Or ~come.~tCuitomerclimseXei ~iet ~m my taxes, C.,'t~.~er v~n, pnoLto maP~e~?vate XIOtechwith~do~trnenta~ion qqi~ dbyth~m~authoritytosup~ortmeex..e..mP 4.ShiB~iva! tn addition to the I~ ¢fc M;iterial or S~rvices, Custom~} will pay ail import md e~, .~.censes and pe.rmi.ts, c~,'J .n ¢1 ~es andduty fe~s, penalties, surcharges, taxes, execs, fr~igll, m~rances ina otla~ sm ~mg ~xpenses. For rettrn paid 'to Customer tlOlech ;ot~ware · ,/le.~S Product of de- dalm Ii- roducts This is Page 2 of 3. If you did not receive all 3 pages of this quotation, please contact XlOtech immediately. X - tech' A Seagate Company selected ~ Customer tbr its use. XlOtech assumes no habthtv with respect to ta detects.caused by modification, repair, instal at on opemtlm or maintenance exhept as desmbed in XlOteqh's documentation; or, (b) negligent or o~r m~prgper use of the Pr6duct. All ~e~pm,ent and software CoL bearing the X[C~ech name, ~s supplied "AS IS" and Customer will look soie,y to me warranties and remedies, if ar~, provided by the equipment manufacturer or vendor thereo£'In addiuor~ XIOtech assumes nojiabil[ty for equipment or services ~%mished by.. Customer.nor.does this warranty cove' any. copy ut or up:late to any user manual for the Product. No agent, dJsta-tmtor, or representative is authorized to m~ any warranties oo behalf of XIOtecn or to assume t~ X[Otech any other liability in comection with an,/Product or Services. WITH RESPECT I'O ALL PURCHASES OF PRODUCT AND/OR SERVICES FROM XIOTECH BY cugrOMER, IHE ABOVE WARRANTY REPLACES ALL OTItER WARRA~YI'IES, EXPRESS OR IMPLIED, AND ALL OTHER OBLIGATIONS OF XIOTECH, INCLUDING ANY WARP. Al'frIES OF MERCItA,YFABILITY, NONINFRiNGEME;Yr AND FIINESS FOR A PARTICULAR PURPOSE, ALL OTHER WARRANTIES ARE DISCLAIM. ED AND EXCLUDED BY XIOTECH, 11. DISCLAIMER OF LIABILITY: xIOrECH WILL NOT BE LIABLE FOR ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY RESULTING FROMANY CAUSE WHATSOEVER, WITH THE EXCEPTION ,O,F BODILY INJURIES, DEATH OR TANGIBLE PROPERTY DAMAGE DIRECTLY CAUSED BY THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF XIOTECIL THIS LIMITATION APPLIES TO ALL MATERIAL AND SERVICES PERFORMED DURING AND AFTER THE WARRAi'gI'Y PERIOD. IN NO EVENT SHALL XIOTECH BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, LOSS OF USE OR LOSS OF REVENUE OR PROF1T, XIOTECIt FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHERSIMILAR DAMAGES REGARDLESS OF THE FORM OF'ACTI~NWHETHER IN CONTRACT, TORT ~INCLUDING NEGLIGENCE).STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF XIOTECH P. AS BEEN ADVISED OF THE POSSIBILITY DF SUCIt LOSSES OR DAMAGES. IF ANY REMEDY HEREUNDER FAILS OF ITS ESSE1YrlAL PURPOSE, OR IN ANY OTHER EVENT, XIOTECIt'S TOTAL AGGREGATE LIABILITY HEREUNDER SHALL NOT EXCEED THE DEPRECIATED VALUE OF THE AFFECTED MATERIAL OR THE ACTUAL AMOUNT PAID TO XIOTECH FOR TItE AFFECTED SERVICES, 12,, C,O, ,MPLIANCE WITH APPLIC.ABLE LA~'S: Th9 Customer will fully comply w. ith all appticame laws, govm-anental orders and the tike ariecting me purchase and use of M?tem~.. customer aulees to maintain alt recitation5 wire governmmtm,, ag,en~es, 9onuyrc,a re~ ,roes, chamb~ of commerce, or other offices which may be requn'ea m~er Law m oroer to properly conduct comm~ial busmss. Prior to thc date specified in,the Quqaion.and/or Statement of W.c~..for the performance o( Service, Customer will (a) omin mci pay mr all govmwnmtat 9r t~a...pa3X,, consents, pe.rmirs, approvals, ]icemes and p~[ic and.private cas.em, en~ts n~cesasu, t,or,?Lo~ec~is u,~e~m~m a~,e.ss Lq, any s~t.~ or. jec,at4on n?aea m~r pedormmce olde ,~er~y. ~ces,~a qc,uv~ o~m,e.matenab aha (.o, ,am nciif¥ XlOtecn in am, a.ncc o~ar~ requlremen~ mctua ,mu aL peat ~ ,a?v% reg~aUms, or~%q .~, s aha ~ 1~ to which XIOtech is or will bi required to comply m me rememg o~ aemces aha m me supplying of M~rials hereunder. Customer witl ¢~ply w. ith United Sta~ laws a~licable to the use, sale or lic~se of Material, including but mt tirmted to the Foreign corrupt Pi'actices Act and the Exert Administration Act. 13, CONFIDENTIAL .I1~'O .R3~4A. TI .ON: Custaner will not disdc~e tq .any ~rson or eraty any ~fcrmat4on or data f~d tn a ta.~...ble m~diu,m, m,d ,nwked as ~ c~.a,, tdant}al ,or profm~tary _ _ informanon of XIOtech, or ar~ iifonmta.a3 o~ctosea as ,a result oL,me pa~, es m.,scussL~S, should reasonably have b~n understom ~Xustomer, oecausc o~ leg.enas or omer mar~, rags, circumstances ofdisclosure, qr the nature o}the information itsel?, to _~ p.r,o~n~e.t.~ an~ ,,. confidential to XIOtech (hcremaf~r collecUvely referred t9 as "C09, fid~m tLa!.U~!o ,r,m. atLon ¥ . Confidential [fforrnation may. be disclose..d in vh'itten.~ 9ther tang~¢e..rorm tmqlumg qn magneu, c media) or by ora. l, visu,~ or o ,mer~e~¢,s. c.a},Od~tial lntorma, tiq0 ~all ¢,xp~sty re. crude any aha all inf0rmauon d~'ivea from ~ corataential ~mormafion, mcLuamg resmal mentm mpresaons such information. Notwithstanding, .tl3e 5rovisims here~ ,if C~tome, r.~eLves Cgnfid~tial Inf?'m~ati%it ~s.ha,, II ~'eat such Confidenu.. al tnlormation as ~l.~ia[, pr~,ojt r~oopytng ~o ~e sq, m C~t,10~a~ ,, Information only in comection wire ful.t~3mg its oongattm, s tmac[ me,t'u~ms~ ur~ r. ~ustomer wm rem ~ Confi~mtial [nforrll:ation to Xl{.)~ci~, 1.1~m cotnp)~[l ,(~ % suc[l OO!lgatlon~ to[. lB u~ upon the reque~ of,XIOteck .T~ obiiga,U,~s i~, rem~,ntam~d wm e~ressLy stay]ye ~ termmmon, cancellation or ttnai paymant o~ ~y or aL Furmas~ urdm. 14. INTELLECTUAL PROPERTY RIGHT,S: All drawing% ,daa, desjgm, ,tooling, eqmp, mem, procedure, engineering changes., invonti,ons u~,e secrets, copyn ,L~s,_mas. l(wa,,s~ Sotr%c~e, _ o. bject~ paints, pa,te,n,t at~pd~ons, ~ow-ng.w, C~l~ anW. a' ,t;'rg. ~ct so,nv, a~, an,a aLL m~ot, ra~na.,'ks uno alt emer tntormanon, tecta'hca or ommme wmcn was ~.veloffio. maue su~[i~i by or for XIOtech in the prrduction of any Material or the l~effomance ut any ~ ervlce so , re~e~t or Licensed herem,&r, in~ludi3g any_and all d~rivativc wa'ks, will be ~d re~in.~.e sole. prof,, fly o,,f XIOte,ch (or its ticensors, if any). Customer ngr~s net to reverse eng~er any Matmals percllaseu nereur~er. 15. PROPRIETARY RIGHTS INDEMNIFICATION: lfan¥ Product beanng the XIOtech. name, in XI0t~:. h's opinio~b_a:o ,roes, tl)..e su.bj eCL of a cla~ of infringe, mea,,o.f ar~,.v~alic[ Urd~d States ~pyri~t or patct, ×lDtech mall, at frs option an~ expeme, ~tner [l ~ moail¥ it to m.~e nm-infrthSn~; (2) se,~e such claim by pr~u~g fqr..C.us~.tgm, er ,the right, to~ c~ue using ~ . Product', or (3 dif'ena t. ustomer againstjucn ciaj~ ir JaOtec.n. elects to ~i,m.q custom~' such claim XlOtech will pay Ct~s.~_ er torany duma., g~ actually tncurr~a wmcl?, m?,~aea court of t'maljtmsdiction, prgvi¢~,C.ustomer gv~ 51o~n~ promEt..^w~tte. ,n not,ce om, l tact.?. c ircumstmces m ,ces ,sary or mslrame for a proper a~e.m, e o[ ,s~.~..SLt?c. n' rs ~.~n SOLg cO~qi 9ver the defense of sum clam, and Custemer coeomtes tully wltn ,xjt.rtem tn me a~tense or sum.c3aan. XIOtac.h shall na ~ ~p~s{,bie. for any settlement made without ,X!Otechjs, ,wr~.tt~..c~onse,nt..!I, m XlOted3. 's opm. ion, none Qt. ~ [oreg.o, mg,altq, mat?~e.s.~e ~asgn, my a ,w4namg ro xj. oteqn, m~n XIOtecn _may discontinue me sa..le_ot m. el%~ct,.i tXlotecn e~ects, to ~?onUnu~ t~,sale.o[ ,me . Preduct, Customer may. r,~pm me Promct ~LUmg ar~ assqcl~d me,a~ any. ,l~m~ my "ml~" or cleclromc m ,cu,~,. ,totaL, m to X.IOtegn,ang~c~y.e a lXa3tea r.emna, ox .~ 13fi'chase .cost..b.a~d ,on an estaol~eo proraed pmoo o[nve t>l y~'s ~rom date o[ o~gtm rroOxt shg~acrt W XlOtecn. XIOtech shall have no liability for any claim o.f parrot 9r co~ ,ri~t. infringe.~nt based up9F (i) use of the Product in a manner other than for which, it was mtenaea;¢l any aurmgement, or miegea an m~iv~nt ~ inthe~ 2 XlOtech Terms and .Cqn~jtiqns of Sale Page 2 o=o~o~ .o~. ~.o ®=ooo, C~mmefs C~t%mer's useBf ~e (vii~ u~tomer's use of ~o~ ~ is mice atest or cu~mt 2v~on of~e Pr~mt. Jn r~ c~ of (v ,'(vi) or(vii) ~ove Cumom~ s~ll &fro& mdem~ ~ hold X[O~ch ~[~s ~mmt my cla~ of ~ge~nt of~y ~pyn~t or IHE FO~GO~G ~ATES THE ~LL LIAB~ITY OF ~OTECH ~S~G OUT OF OR ~LATED TO ~NGE~NT OF ANY PATENT. COPY~G~. ~DE SEC~T OR ~HER I~ELLE~UAL PROPERTY ~G~. 1~ SOF~A~ LICENSE: XI~ ligmes to C~tomer, Sm~d So~m ~en mctu&d ~& a Pr~ug s~e ~ w~n pmc~s~ rarely, in ~c~dm~ wi~ ~e mm of XIOt~h's End User Lmn~ 17. C~CELLATION FOR DEFA~T: XIO~h m~, u~n ~aen n~ce to Cmtmer. cmcel ~or ~ P~ ~rs eff~ve mme~mly fi: 3.Customer ~ 4. Customer fails to calend, pm~t of m~ence: ' acvon [ookmo_ rs not reined/ed wlthin fifteen [I~ · ,re'race paymmt ~erms: or indirect owuership of Customer ff. N ~C~h's c~k~ion, such interest hero, den ~ ~i~ will be m ad,tim m md wffi ~t ~ ~du¢ye of ~ ~ r~e~es m law or m ~m~ ~afl~te to ~Omck 1~ NO ~GHT TO ~SELL: All ~ md Semis sh~l be u~d forCusr~'s ~em~ ~ ~sm rely, ~ may~t ~ ~b~& [eml&s~li~ le~ed ~ mfemd ~ my Tay to ~g p~ ~ m~ a~ev~[ sim~ wi~XIOmm'spn~.~ ~m¢~ ml~s, · me ~e of m~ ~b~o~ r~s~limn~ w mt=, a c~ent diafimtg w re~g a~eme~ is m effmt ~em Cromer ~d XIO~h a~mg smh 19, GENE~L: B~. [n Be eve~ ut ~ ~m~ ~ch ~an De ~scn~geo oi ~y IlaO~ l~ p~t to mo~ Pmch~e ~{~ ~a Mve bern amign~ ~ dele~m~ Cusm~r may n~ign ~m h~ n~ ~legae im o~i~tions un~r my or all of its P~kh~ Ord~s uffi~s XI~ecH s mtm cmsmt is ~ ~ ~er~o ~ ~ tach assi~¢t ~ d~le~fi~n ~i~ut ?mq cogent. ~1 be voi~ 2. Dimo~mtio[ XI~hrem~dg~c~emeM~ehm~or~ces~may ~cm~ my ~mh~ ~ Semis at XIO~h's ~e ~scmuom . . 3.. ~: ~ch m~ su~m~t ~ P~c~e Or~r h wMle or ~n ~ 4 ~: Ifm~p~imof~e~msmd~ihomishddNamm~ovemem agen~~ m~ of cmpma jms~c~9~ u be ~vali{ ~le~ ~m~ce~l~ jmh ~m 6f ~se ~ ~ c~tims ~m ~r mere t~s ma cmaUom sm~ m comma ~ n ~r aid na mum ~ pmimla m~i~ flte~ ~ ~e~l~ provi~im pr ~ovisims, ~t~ nghu 5. Force M~: ~& is nm liaNe fa faire or ~1~ m ~ ie oNig~pm ~e to ~y en=e em ~emt so~t mmge ~ ~a ~ ~e ~mmmt ~ ~ne t~m s~ ~a ~ ae cm~le. 7. Governing LawNenmi ~s A~ee~nt sh~ be cmOS, i~ ~d a~li~ m m~r~e w~t~ ~ m~l l~s (~t mt ~e law of~im) 9f ~ gm~ of M~s~, ~A. ~e s~ mt ap~y m ~ ~ ~ma~ms ~r~. c~tomer~r~y ~evq~y.~em to me excimiv~ p~m~j~cu~ o~ H~pq ~, 8~ oC~s~ U~A, t~ Cmto~er ~Sewl~ .~l~g r~mame a~y's ~s. ~ega~a ~ c~mea m~ or my ~e~ ~o~ com~mm ta~ md v~d ~im g~ss m my smh pr~, stat or co~ve~... my ~d~ ~ ~e n~e tor my ~r p~e whimper w~m~t ~ ~ss cmsmt of XI~m 9. S~v~ofT~s: ~emm~um~cmmllafimofmy~ror~yrelaiom)ip crm~d ~rem~r ~e p~es or ~ ~iv~ g ~n~ ~ p~o~e of >eS~cm ~r a Pm~e ~r s~ mt ~t emh ~'s ooiig~ms ~ fi~ts ~,~se ~s ~ commons. ~ff~mce. . 10. W~ver No waiver wffi be v~id mlem in ~ mgmd ~ ~ m~ re~nm?'e ut XI~ m walv~ ~ed w~ relic Custm~ ~om s~mqmm smct cmpnmce mrewm This is Page 3 of 3. If you did not receive all 3 pages of this quotation, please contact XlOtech immediately. Requested City Commission Meeting Dates [] March 19~ 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 VII.-CONSENT AGENDA ITEM B.8 CITY OF BOYNTON BEA( 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 [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve an agreement with Government Technology Resources for the development of a Web Content Management System for the City of Boynton Beach in the amount of $15,000 as a "Sole Source" purchase from the I.T.S. Department account gOO 1-1510-513-64-14. EXPLANATION: The web content manager will provide fast effective means of updating the City of Boynton Beach web site while controlling the content in the City Manager's office. 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. The web content manager will be critical in the deployment of e-government initiates such as online payments of utilities, submitting application and resumes online for city jobs, and the interactive GIS web page. PROGRAM IMPACT: With the web content manager, the administrator will have the · 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 · Calendar and press release templates are included · Ability to create a new calendar anywhere within the site structure FISCAL IMPACT: The I.T.S. Department budgeted $15,000 in FY 2001/02 budget for e-gov software in account #001-1510-513-64-14. ALTERNATIVES: The citizens of Boynton Beach have given good praise of the new city's web site. Without the web content, the City of Boynton Beach web page will become static. Calendars and new information will always be slow to update and maintain. The web content reduced a full time position such as a Web Master with yearly salary of $50,000 or more. S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM ~QUEST FORM Information Technology Services City Manager's Signature City Attor~ffFinance / Human R~sources S:XBULLETINXFORMSL~GENDA 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 GOVERNMENT TECHNOLOGY RESOURCES, FOR THE DEVELOPMENT OF WEB CONTENT MANAGEMENT SYSTEM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Web Content Management System will provide fast and effective means of updating the City's web site while ~ontrolling the content from the City Manager's office; and WHEREAS, this system will be critical in the deployment of e- overnment such as online payments of utilities, submitting application and resumes online for city jobs, and the interactive GIS web page. 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 Management System. NOW, THEREFORE, the development of Web Content 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 an Agreement between the City of Boynton Beach, Florida and Government Technology Resources Agreement being attached Government -Eechnology R E S C~ U R C E S SCHEDULE "B" Scope of Service/Task The service(s) to be ;~rovided through Government Technology Resources, Inc. (GTR) for the City of Boynton Beach is to develop and provide a Web Content Management System (Portal) for the City of Boynton Beach that meets defined and approved software requirements. Some of the pdmaw software attributes are listed below, Product Definition: City of Boyf~ton Beach Web Conte~t Nla~agement System ,(Portal) version 1.5 The Boynton Beach Web Content Ma~agerment System (Portal) ~¢i'f{ uti;[[ze Java, PHP, and Mysqi Intemet technologies to empower the City of Boynton Beach to deploy efficient, robust, scalable web applications that will bring the City at the forefront of content management solubons. 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 modern graphical user interface.. Administrators can easily add web content by accessing the content management system from any location with web access. Content templates, user pnv~leges, 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 templates · 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 to 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 various 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 secudty and every module, object and/or function within the system goes through our Enterprise Secudty Server to verify 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 access 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 restdct site structure to designated user classesw Other Modules Include: [] Foundation Server, the brain of the system Security Server, handles all site security [] 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). Govern~ent Technology R E $~ ~U ~:"C E S SCHEDULE "B" Scope of Service/Task The service(s) to be provided through Government Technology Resources, nc. (GTR) for the City of Boynton Beach is to develop and provide a Web Content Management System (Portal) for the City of Boynton Beach that meets defined and approved software requirements. Some of the primary software attributes are listed below. Product Definition: City of Boynton Beach Web Content Management System (Portal) version 1.5 The Boyn~on 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 bring the City au 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 moclem graphical user interface. Administrators can easily add web content by accessing the content management system from 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 expenence. Other Features Include: · Ability to manage content templates · 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 to 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 various 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 Secudty Server to verify 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 access 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 structure to designated user classes-- Other Modules Include: · Foundation Server, the brain of the system · Security Server, handles all site security · 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 R I~ S 0 U t~: C ~- S Cost: $15,000 (Software Cost for base product c~mpor~e~t} 100% due and ~ayable upon deiive.~, and acceptance of the Web Coment Management System (Portall 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 period of one year from ~te of base component product delivery to the City. Should City not be satisfied with the base component product(s) d~ri~g ~ ~a-year pe~o~ GTR will return to the Cty the dol ar amount paid for such base component product(s) that do not meet the City's saiisfa~ion. Accepted by: City of Boynton Beach, Florida Accepted by: Government Technology Resources, inc. (Signature) (Title) (Signa~re') (Month, Day) (Title) ,2002 (Month, Day) ,2002 Requested City Commission Meeting Dates [] March 19. 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 VII.-CONSENT AGENDA ITEM B.9. CITY OF BOYNTON BEAC AGENDA ITEM QUEST 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.mo 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: Motion to approve an agreement with Government Technology Resources for the development of an Internet Bill Payment Module in the amount of $10,000 as a "Sole Source" purchase from Utility Department account #401-2821-536-31-90. EXPLANATION: A survey conducted in March 2001 revealed a large section of the City of Boynton Beach residents would like to conduct business online to pay utility bills and apply for permit via the Internet. Over 19,462 survey were mailed by utilizing the cross sectional design of ten utility billing cycles. The outcomes for this survey were as expected. The older the population, the less interested they were in technology-based services. Even though the majority of the responses were from the 55+ age grouping, and one and a half billing cycles were concentrated exclusively in the retirement communities, the median age for an adult Boynton Beach resident is 41.8, and this age group prefers the convenience of conducting business by computer and phone, PROGRAM IMPACT: Bill Pay will provide the convenience of conducting business online as the survey concluded. Bill Pay would also provide another venue for the City of Boynton Beach to receive prompt payments of utility bills. Bill Pay would conveniently served part-time residents, giving them the opportunity to pay their bills online from the convenience of a PC and access to the Internet. See attached e-mail dated 5/21/02 from a resident requesting on-line bill payment. FISCAL IMPACT: As the survey indicated, there is a demand to conduct business online. This would reduce traffic at City Hall. Customers would save time and the cost of postage to return utility payments. In the long term, the city would experience a greater savings by reducing the expense of preparing and mailing monthly invoices. Over 2000 people already signed up for the bank draft. This service allows the city to deduct monthly payments from a citizen account thus providing quicker turnaround of cash in hand for the city. The online payment would be a greater enhancement to this service with real time transactions and approval and posting cash to the city's account. ALTERNATIVES: Do not offer this enhanced service/convenience to customers at this time. S:~BULLETR',~ORMS'cA_GENDA ITEM REQUEST FORM.DOC Peter Walla~, Director of Information Service~ .,v i ~/ //, ' /~ Information Technology Services CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM City Manager's Signature , ! ~ity Atto6~'¢y~Fi[a-nce I Human ~-esou~ces S:XBULLETIN~ORMS~GENDA 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 GOVERNMENT TECHNOLOGY RESOURCES, FOR THE DEVELOPMENT OF AN INTERNET BILL PAYMENT MODULE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a survey conducted in March 2001 indicated that City residents would like to conduct business online to pay utility bills and apply for permits via the Internet; and WHEREAS, this service will provide residents of the City of Boynton Beach the opportunity to pay their utility bills online from the convenience of a PC and access to the Internet. WHEREAS, the City Commission, upon recommendation of staff nas 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 an Internet Bill Payment Module. 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 an Agreement between the City of Boynton Beach, Florida and Government Technology Resources Agreement being attached hereto as Exhibit "A" Section 2. upon passage, This Resolution will become effective immediately PASSED AND ADOPTED this day of June, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) $:ca/reso/ag reements/GoverTechResoure Government Technology R ~= S O U F~ C E $ SCHEDULE"C" Scope of Service/Task The service(s) to b)e provided through Government Technology Resources, Inc. (GTR) for the City of Boynton Beach is to develop and provide an Intemet Bill Payment module for Utilities for the City of Boymon 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 Internet. System Architecture: The point of entry for users of the system will be via browser software (such as internet 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 enterpnse legacy software to determine information relevant to bill payments and to pass information 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 Internet. System Scope: The system scope will encompass the following functionality: · The user will Icg in to the system using an account number and password (or pin number). · The user will be authenticated 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 b>e 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 Internet Bill Payment module, Object code will be provided to the City and soume code shall be held in escrow according to the terms and conditions of a Software License and Service Agreement(s). Cost: $101000 (Software Cost for base product component) 75% aue and payable upon execution of this Exhibit, Remaining 25% due upon delivery and acceptance of the Internet 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 period 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 period, 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) McDeavitt, Cathy From: Sent: To: Subject: Wallace, Peter Tuesday, May 21,2002 3:13 PM McDeavitt, Cathy FW: Feedback from Boynton-Beach.org site How abouE 5his for timing? ..... Original Message ..... From: Karjalainen, Alan Sent: Tuesday, May 21, 2002 2:46 PM To: Segal, Wayne Cc: Wallace, Peter Subject: FW: Feedback from Boynton-Beach.org site A vote in favor of web-based online payment capabilities. ..... Original Message ..... From: visplan~earthlink.net [mai!to:visplan@earthlink.net] Sent: Monday, May 20, 2002 7:16 AM To: Webmaster Subject: Feedback from Boynton-Beach.org site MessageType: gsername: UserEmail: UserTel: UserFAX: ContactRequested: Remote Name: HTTP User Agens: H010818) Date: Time: Suggestion Paula van Vliet pvliet~be!lsouth.net 67.34.27.189 Mozilla/4.0 (compatible; MSIE 6.0; MSNIA; Windows 98; Win 9x 4.90; 20 May 2002 07:16:19 Comments: I would really like to be able to pay my wa5er/sewer bill online, as I do with all my oEher utilities. When do you forsee this option becoming available? Requested City Commission Meeting Dates [] March 19. 2002 [] April 2. 2002 [] April 16. 2002 [] May 7. 2002 VII.-CONSENT AGENDA ITEM C.1 CITY OF BOYNTON BEAC AGENDA ITEM QUEST FORM Date Final Form Must be Turned in to Cit~ Clerk's Office March 6. 2002 (5:00 p.m.~ March 20.2002 (5:00 p.m.l 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 tn to CiPr 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 RECOMMENDATION: [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report Motion to approve and authorize signing of grant of easement with Property Reserve, Inc. for a utility ease~ent:_-t~i~ serve the proposed Calvary Chapel project on Hypoluxo Road. ~ ~ ~> EXPLANATION: This easement, being issued by the owner of the adjacent parcel to the Calvary Chapel site, will allow connection to the existing sanitary sewer system for extension to the proposed buildings. PROGRAM LMPACT: None FISCAL IMPACT: None AL~TERNATIVES: None feasible. This location provides the best access ~Calvary Chapel Department Head's Signature City Manager's Signature UTILITIES Department Name City Attorr~? Finance / Human Resources Attachments (2 copies with original, sealed surveys for execution) Xc: Peter Mazzella (w/copy of attachment) City Attorney " File " SSBULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT OF EASEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PROPERTY RESERVE, INC, AND PROVDING FOR AN EFFECTIVE DATE. WHEREAS, it is the desire of the City to obtain from Property Reserve, Inc., a Grant for a utility easement to serve the proposed Calvary Chapel project on Hypoluxo more specifically described in Exhibit "A" attached to the Grant of Easement; and WHEREAS, this Easement will allow connection to the existing sanitary sewer for extension of proposed buildings; and WHEREAS, the City Commission upon recommendation of staff, deems it to execute this Grant of Easement between the City of Boynton Beach and Reserve, Inc. Easement is attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE BOYNTON BEACH, FLORIDA, THAT: Section 1. That each Whereas clause is true and correct. Section 2. The City Commission of the City of Boynton Beach, Florida does authorize and direct the Mayor and City Clerk to execute a Grant of Easement the City of Boynton Beach and Property Reserve, Inc., said Agreement being hereto. Section 2. This Resolution shall become effective immediately upon passage. :\CA~RESOkAgreements\Utilities\Grant of Easement -Property Reserve-Calvary Chapel site.doc PASSED AND ADOPTED this day of June, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ~_TTEST: Commissioner City Clerk Corporate Seal) 5:\CALRESO~Agreements\Ufilities\Grant of Easement -Property Reserve-Calvary Chapel site.doc GRANT OF EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT: Property Reserve, lnc., a Utah Corporatiou (~1~ ~aumr"), whose mailing address is 100 Meadow Circle, Boymor~ Beach, FL 35436 fee simple ow~r of certain real prolx~rrY (the "Servient Estate") simaied iu Palm Beach Couury, Florida, descried as: A parfiua of Trac~ ii, 'Meadows 300-Plat No. 2, accord{_,5 to ~he Plat ~her~f, as recorded in Plai Book 48, Pages 194 aud 195, of the Pub{lc Records of Palm Beach CounU', Florida, IN CONSIDERATION ofu'ue su~u often and No/100 Dollars ($10.00) and o~-r good ~ud valuable ¢ousidcraU~u. fl~ ~ccip~ and sufficiency of which is bereby acl~owled§od, paid Grantor by uhe CITY OF BOYNTON BEACH, FLORIDA (fl~ "Oranu:¢"), w~osc addr~ssis i00 E. Boynl:on Beach Blvd. Boynron B~eh.- ~'~ 33/+25 hereby gran~ u~ Orau~e, its heirs, pcrsou~l representatives, successors and assigns, licensees agents, for th~ bencfii of CALVARY CHAPEL O~' BOYIx~I'ON BEACH, INC., a Florida not- for-profit r. orporafio~, fee simple owr~r of cer~aiu rca{ propcr~y (~he "Domiua~ EsU~U: ") sima~d Lu Palm Beach Couu~y, Florida, described as: "DOMINANT ESTATE" The E~m ons-half of the E~.~ oue-haif of ~he Northwt~ oue-q~er of the Nor~heas~ one-qu~mer of Section 7, Township 45 Sou~, P, auge 43 E~; said lauds situ~e, lying and heiug iu P~}~ Beach Couusy, ~lorida, ($ireet Address: 2901 Commerce Park Drive, Boyuton Beach, Florida 33426) a perpetual nonexc~usive c~ve~ve foot wi~ u~ili;y easement a.~ right-of-way over, upon, through and across ~ land ~scribed in Exifibit "A" auached ~ereto and made a paz; hereof, for r2~ purpose of connecting a new church building, owned by CALVARY CHAPEL OF BOYNTON BEACH, INC., a Florida not-for-profit corporation, a~ located on the Estate, into the exis~g sewer main locater on c~e 5¢rv~; Estate 'and for acc=s~ to majz~in sewer counecvJons. Said Easement is fo~ r~e consu~ction, operation ~ mainte~_,c¢ oftl~e 6e-~. with ~ ;~g~t to recomuuc; such sewer conuectio~ as may be decmec~ necessary. Tl~ Easemenz Grant is fur~er ~b~ect to t~c fo~owing tetras and con~ir;o~s: Cz~antor, its successors and assigns, ~ ~ot assun~ her~r any obligation ;o improve, mainy, ain or consu'uct sewer service upon ~t~ Servie~ Es;au:, or m maimam fi~e 5ervien; Es;au: in repair, nor does Grantor, its successors or assigns, assume any liability or responsibility for ~jury to person~, property or hoth, ;o Grantee, its he,rs, person.~ represenXatives. ~ucccssors. assigns, age~. employes, inviu~s or Hcensces, or m others s!~!!arly s~mau:d, its ;ucc~sors or assigns, or to any person using the 5ervi~nt Estate by invi[ation, expres~ or or by re.on of any business conducted with Grantee, ~ suc¢~sors o~ as~gns, or ;o oc~rs ~i~y IN WITNESS WHF. REOF, Grantor ~ caused ~his Gra~ of Easement ;o be execuz¢c~ in ~ts uan~ by its ~ .,'~_-rs~gnod, duly authorizefi officer(s) az~ its corporate ~ to be hereunto affixod, on [his. day of March, 2002. The undersigned office' Ixe~eby w,,u~a~s and r~zesents tha~ he has been duly authorized by ~ Board of Directors of ~ corpora~ Granu~r to execau~ anti deliver ~ F.a_~n~n; ~o r~ Gr~ on bereft of the Grantor. In ~ presen~ of: Wimess Prim Name Wimess Print Name PROPERTY RESERVE, INC., a Utah corporation By: Mark Gibbons, President Prim Name and Title (Corpora~ Seal) STATE OF COUNTY OF The foregoing insm~er~ was aclmowledged before me ~ day of March, 2002, by Mark Gibbans, President of Property Reserve, Inc., a Utah corporation, on behalf of ~e Corporation. He is personally known ~o me or has prodaced as identification. Norar~ Public Pri~ Name: My Commission Expires: Acceptance by the Grante~: in ~ presence of: CITY OF BOYNTON BEACH, FLORIDA Wiu~-ss Prillt N~rne Witness Prim Name (Seal) By: Title: A~$1~: Prim Name and Title Page 2 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing ~mmaen~ was acknawtedgect before me this day of March. 2002, by , as and on behalf of tflae City of Boynton Beach, Florida. He/she is perso-nally known to me or ires prc~uced as iflenr~catioa. Notary Public IW~ Name: My Commission Expires: P~e3 EXHIBIT "A" EASEMENT SKETCHAND D£SCR1PTION - For: Calvar Chapel L~AL 9E~CR~P~ON: A ~T~IP OF uANO LYING WITHIN A PORTiON OF ~ACT M. M~AOO~ ]00--P~T NO, 2. ACCORDING TO ~ PLAT COMM~CING AT THE NOR~ST CORN~ OF ~AID ~ACT H: ~ENCE SOU~ O2~2'0B" ~$T A~G ~E ~5[ LINE 0F SAID ~AC% ~, A DIST~ OF 786.~0 ~T T0 ~E POINT ~ 8E~G; ~ 50U~ 87~7'52' EAST, A 01ST~CE OF ~8.50 ~T; ~C[ SOu~ 02'~2'08' ~S7, A O~STANCE ~ ~,~ ~; ~CE NOR~ aTn7'52' ~ST. · DISTAN~ OF 5~50 ~ET TO A POINT ON ~[ ~ST UN[ OF SND ~ACT H; ~ NOR~ 02'~2'08" ~ST ALQNG ~E w[~T UNE OF SAID ~ACT n, A DiSTAN~ ~ 12.00 ~ TO THE P~NT OF aEGINNING tim'm. ~=~ ~a~"~? ~a~ u~. u~ W~T~ ~AI~ ~a~ ~[~ ~tS IS NOT A SKETCH N/A Page 4 u.C' P ~. EXH'{a~IT "ATM E.n..~EMENT - $i~TCHANDDEgCRmTi(~N_ ' Far: CMv~ Chapel reACT S ~F~O~ 300-P~ T ~0.2 ~IS i~ NOT A SKETCH OF SURLY R~IONS DATE Page SKETCHAND I) SCRIPI ON For: Calvary Chapel LEGAL DESCRIPTION: A STRIP OF LAND LYING WITHIN A PORTION OF TRACT H, MEADOWS 500-PLAT NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4-8 PAGES 194- AND 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT H; THENCE SOUTH 02'4.2'08" WEST ALONG THE WEST LINE_ OF SAID TRACT H, A DISTANCE OF 786.4'0 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87'17'52" EAST. A DISTANCE OF 58.50 FEET; THENCE SOUTH 02'4'2'08" WEST, A DISTANCE OF 12.00 :EET: THENCE NORTH 87'17'52" WEST, A 3~STANCE OF 58.50 FEET TO A POINT ON THE WEST LINE OF SAID TRACT H: THENCE NORTH 02'4-2'08" EAST ALONG THE WEST LINE OF SAID TRACT H, A DISTANCE OF 12.00 FEET TO THE: POINT OF BEGINNING. SAID LANDS SITUATE _YING AND BEING IN PALM BEACH COUNTY, FLORIDA. CONTAINING 4.62.00 SQUARE FEET MORE OR LESS. NOTES; LEGEND: D.R,B, R/W PG, P.B.C.R. L,A.E. UTILITY EASEMENT SEES BOOK OFFICIAL RECORD BOOK PLAT BOOK RIGHT-DF-WAY PAGE PALM BEACH COUNTY RECORDS LIMITED ACCESS EASEMENT LAKE WORTH DRAINAGE DISTRICT DENOTES CENTERLINE REVISIONS DATE THIS IS NOT A SKETCH OF SURVEY This Sketch and Descripf. ion consists of two sheets aha is not complete without oil sheets. This Sketch Grid Descripf. ion is not votid without the signoture ond originol roised seol of o Floridc Licensed Surveyor ond Mopper. 8eorings shown hereon ore bosed on the West Line of Troct H, Meodows 500-Plot No. 2 (P.O. 4~ PGS. 194 & 195. P.B.C.R.) South 02'42'08" West. The undersigned Grid Dovid & Gerchor, Inc., moke no represent, orions or 9uorontees os to the informotion reflected hereon pertoining to eosement$, rights--of--woy, setbock lines, ogreemeni:s ond other motters, Grid further this instrument is not intended to reflect or set forth oll such motters, such informotion should be obtoined ond confirmed by others through oppropriote title verificol:iorl, Ionds shown hereon were not obstrocf, ed for rights-of-woy Grid/or eosements of record. No seorch of the public records wos performed by [his finm All Recording Doto for eosements, rights of woy OhO other encumbronces shown I~ereon ore per the Dior of Meociows 500-Plot No. 2. (P.B. ~8, PGS. 19~- & 195, P.B.C.R.) unless otherwise noted. THIS IS NOT A SKETCH OF SURVEY FB/PG SHEET I OF 2 A STRIP OF LAND L YZNO ~ A POR TION OF TRA ~ ~ MEADOWS 300-PLA T NO. 2 48, t~S. 194 J~ 19~, P.B.C.I~ THEODORE JAY DAVID FOR THE FIRM PROFESSIONAL SURVEYOR AND MAPPER FLORIDA :~EGISTRATION NO. 5821 DAVID & GERCHAR, INC. IF1#6955 FB/PG: N/A )RAWN BY: RRN CKD BY: NO: O0-78UE FILE: 00-78 DATE: 9/2o/m ~Od. FILE: 00-78 AVID & ERCHAR, ~c. SU~.VEYO~ AND MAPPERS ~ S[~ 1~ 33~6 SKETCHAND D£SCRIPTION FoL' Calvary Chapel HYPLOL UXO ROAD ~ THE NORTHWEST CORNER OF TRACT H, MEADOWS 300-PLAT NO. 2 ' (P.B. ~. PGS. 194 & lgS, P.B.C.R.) ~ TRACT H ~,~ MEADOWS 300-PLA T NO. 2 ~ UNPLATTED ,~ (P.B. 48, PGS. 194 & 195, P.B.C.R.) /-POINT OF ~ ~' S 02'42'08' · r~E ~ST WNE ~ ~ACT H, : ~MEADO~ 3~-~T NO. 2 (P.B. ~, P~. 19~ · 195, THIS IS NOT A SKETCH OF SURVEY SNEE~ 2 OF 2 R~ISIONS DATE BY CKD FB/PG L ~A ~R~ONOF FB/PG: CAD. FILE: ~. ~ ~ l~ & lP~ P~.C~) CKD. BY: PROJ. FILE: Requested City Commtssion Meeting Dates 1~] March 19, 2002 [] April 2. 2002 [] April 16, 2002 [] May7. 2002 VII.-CONSENT AGENDA ITEM C,2 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Date Final Form Must be Turned mro 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 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 j~ Consent Agenda [] New Business [] Public Hearing ~ Legal [] Bids [] Unfinished Business [] Announcemem [] Presentation [] City Manager's Report RECOMMENDATION: Accept the resolution authorizing the Mayor to request the Florida Department of Transportation ("FDOT") to convey surplus property, described on the attached Exhibit "A", to the City of Boynton Beach to be utilized for the purpose of preservtng the Barton Memorial Park cemetery. EXPLANATION: Barton Memorial Park cemetery ~s currently located on FDOT surplus property. FDOT no longer needs this property and is willing to convey the property to the City of Boynton Beach. The Parks Admimstration Department wants improve the property ro preserve and maintain the integrity of this burial ground with local historical significance. PROGRAM IMPACT: The Parks Administration Department plans to add an ornamental rod-iron type fence and landscaping around the cemetery to enhance and preserve the burial ground. FISCAL IMPACT: None. The property is being conveyed at no cost to the cxty. ALTERNATIVES: Not accept the property and continue to lease it. Department Head's Signature Parks Administration Department Name City Manager'Cs Signature, ~ nCity Att y ' Resources S:,~BULLET1N~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOL~ION R02- FDOT RESOLUTION NO. [453-98] A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR TO REQUEST THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") TO CONVEY SURP'LUS PROPERTY TO THE CITY OF BOYNTON BEACH ("CITY") TO BE UTILIZED FOR THE PURPOSE OF A CEMETERY, SUCH PROPERTY BEING IDENTIFIED IN THE LEGAL DESCRIPTION AND SKETCH ATTACHED TO THIS' RESOULTION LABELED AS EXHIBIT "A"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the FDOT acquires properties for transportation facilities for the citizens of the State of Florida; and WHEREAS, the FDOT is permitted by law to convey real property that FDOT no longer needs and determines to be surplus to other public entities to further the public needs of the State of Florida; and WHEREAS, the City of Boynton Beach can utilize FDOT's surplus property described on the attached Exhibit "A' for a cemetery; and WHEREAS, it is in the best interest of the citizens of the State of Florida to gain the most benefit from properties acquired with public funds; and WHEREAS, the City of Boynton Beach is requesting that FDOT convey to the City of Boynton Beach the surplus property described on the attached Exhibit "A"; and WHEREAS, the surplus property is sought for the improvement of the Barton Memorial Cemetery and is proposed to be conveyed to the City of Boynton Beach for.the purpose of constructing the improvements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: SECTION 1: The foregoing recitals are true, correct and incorporated into this Resolution by this reference. SECTION 2: The City of Boynton Beach requests the FDOT to convey title to the surplus property described on the attached Exhibit "A" to the City of Boynton Beach pursuant to Section 337.25 (4)(h), Florida Statutes. SECTION 3: The surplus property to be conveyed to the City of Boynton Beach by FDOT will be used for the purpose of improving the Barton Memorial Cemetery, which will be in the best interests of the general public of the City of Boynton Beach. SECTION 4: Upon adoption of this Resolution, the City Clerk shall forward an executed copy of this Resolution to Tracy Glansen, Florida Department of Transportation, 3400 W. Commercial Blvd., Ft. Lauderdale, Florida 33309-3421, for further handling. SECTION 5: This Resolution shall take immediately upon passage. PASSED AND ADOPTED THIS DAY OF ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) ~XHIB~T --.~- ~,. · , ~ ~ ~ .~.. . ~-. I ~ ~ ~.~ ~'~ ~ '. -. .. t -:,- ~ · ~"~'~' ~, '~ '-~.'OCE~N RIDGE) ~,__ - ~ ::::' ..-..:.:::'::.:.,.:.:'.~.: , . ~ .. [~. ' .. . . ~..- L.-~--- []~a~k~.t,t?;),b~ ~.~e~L ~L';.'-..: '..'. '.. LOCAT[ ON LECE~D~ NOT TO SCALE ; L · ARC LENGTH OF CURVE ~ · CENTRAL ANGLE CF CURVE wes~ I I~e o~ ~he 5.W. m,'4 C.B. -CHORD BEARING Tw~. 45 5., ~e, 43 [., ~s showm on CONC. . CONCRETE' +he FDOZ ~ight Of WQy ~D SeC+;O~ O · DEGREE CF CURVATURE No. eh O~'36'31 ~...Wesf. EXIST. · E~IST~NO F.P. · FINiNC~AL PROJECT ~) I~or~fOn S~O~ ~,ereo~ FOOT · FLORIDA DEPART~NT 0F TEANSPORTAT~0N Rotc ~ ~l-95; ~s =~sec on ~e F~OT " Rfgn~ O~ W~V MOp Section gS220-2202, FD. FOUND L."A - L:M;TED ACCESS e[ N/A- NOT APPL '. CABLE 3> P',c~os. ~or Exhlbl~ "~" Is SJ~LUS. NO, · NUMBER {R~) · OFFSET R[OHT 4) AIl ~;..nslon~ o~e c~lcu PO. · PAGE othec~l~e specl P.B.CC. · PALM REACH COUNI'f PK · PARKER KALON 5~ ~'s ~¢tCP ~xl~fs so'e:y [p) · PLAT purpose[o~ fi tust~o+ln~ O · PLUS 0R ~.O.B. · POINT OF BEGiNN[NG 6) e~e ~op~grdphlc P.O.C'. ·PC[NT Of CO~NCE~NT hereon Was s~rveye= Dy P,C. · POINT OF CURVATURE O'~ara, ~,mc. on p. [. - POINT OF PO' · POINT 0N TANCENT P.T. · POINT OF TANCENCY P,S.M, .PROF[SSiONAL SURVEYOR 8 MAP=E~ ~ · RADIUS 0F CURVE ROE, . RANCE R/W ·R[OHT 0F WAY SEC. = SECTION SC.FT..S~OAR[ FEET ;NOT A SURVEY S.R. · STATE ROA~ STA. - 5TAT[ON 'PARCEL 88 - · TANGENT ~W¢. · TOWNSHIP FLORIDA~[PART~NT OF TRANSPORTAT[0N wPI · WORK PROGRAM ITEM ~IBNT OY ~ · HATCHED AREA -C BE ~ .S~RPLU$ ~IOHT ~OF WAY P~RCEL SKETCH STATE OK FLOR~DA STATE RO~B:NO,~ (I-~5) P&LM BE&CH COUNTY DIS'RIOT FOUR ' ~ ..0" FD~T LAUOERDALE. FLOR]DA 33309 ~c,=, , t,,~ i z-~-~, ~ ,_ ~ 9~4 )777 -4550 ~ --~.,~ m, , - -- I ~.~. Nom. %& EXHIBIT "~" gooQ 9 I~-95l of ~C'd Flom:do OeOmr~mer- o~ Way MOO~ -hence North 00~56'36'' Wes~ ~lom~ s~ro ex'sting DF BEGINNING; tnemce contir~e No-tm '2°09'56 existing ~otte~ly Lr~]~e~ Access Plgn- o~ Wa' ]5,58 ;ee-~ ~bence ceD~r?Tng SG'd axis-lng of 3,00 :eet~ -fence ND'~ 2~50'58'' East ct CSt Ce$C~'Oed COurSe, O dts?~mce o~ ,CC ~ No-tm ?~32'~7" EcsC, c c,$-¢rce c; 3,27 ~ee' Nor*n 7B:32' 7' Eas- clare sold e~'s-i~g Ecs: ~Qngen- curve conoco° ?c *me fas*. nov'mg o ~Or-~ 85:~0'07'' WeS' ~i~ DO[~t ~ SC fme. c als-once of ,0'C4" WES?, o C -tght cr~e to the ®~ry _;mired C C ~oim~ Om ~ me exfstimg weste~ y ong tme o~c o= so:d curve h¢,"¢~ o ncO'us Q~ 5529.$5 feet, tm~ca;n centrO~ ang-e o~ 0l~38'4~'', cra cn crc Cl$~cmce of 58,~0 fee- oornt ;f lnterse~tlo~ w'?- -me pro~on~c~'o~ of ~ne cen-er~i~e o- 50.00 fO0~ wiCe ,,l~ttac -;~m+ Of wry fo~ NO~+nwes? I~.-n Avenue. als-once of 86. 3 feet to ?me PO;N~ OF BEOiNN1NO. Cor+clo~m~ °335 Squat° ~eet ~0,~53 ~c'es;. ~c,e or ~ess. STATE Or FLORIDA DEP~RTMENT Of T~ANS~0RTAT]ON DISTRICT FOLJ~ R!OHT OF WAY 3400 WEST COMMERCIA~ B-VD. FORT LAUOEROALE. FLORIDA 333C9 :954>?T?-4550 [. , :,~ -%~.,-'.~? ,hC' 82-~1 _PBS.OSN NOT A SURVEY ,~RCEL 88 r, PART) ' FLOR[DA ~£~ARTMENT OF TRANSPORTATION ._ ~{~HT 0¢ WAY MA~[NO ~[0HT ~F WAY PARCEL SKETCH ~.=. NO, ~SHEET 8 ~ =;" SECT ION 93 20-~4-2 i EXHIBIT "A" ~-,e t~f,~t~m Tecta'cc S-on~F~s o~ Je* ~orfh,D), -P~ ~ Qr''CC STATE OF ~LORI2~ OEPARTI,,C_NT OF TRANSmO~T&TION DISTRICT FOdR RIGHT OF WAY MAPPING 3400 WEST C9~ME~CIA~ ~LVO. J954)777-4550 I : '.5 ..' ,.'~ ',wO '.'52 'C' _--'~g. :O"~ NOT A SURVEY ;;:'ARCEL 88 ,, I~,RT ) DEPARTMENT OF TRANSPORTATION RIGI,IT 01~ gAY RI0HT!OF WAY PARCEL ~7 2_ ,e ExmIBIT .... J' ", 5KC,2~-4~-~3 ~ G~PN~g SCAL~ --1 F~ m 8 ~O 8~ASS C i SC ~ ~" · 200' ¢ o ~ ~ J ~--/--~-~ ..... ~~-~-- t ~ ~'~ ~ / ' ~: '~~~.L._.;~ .... ~t · % If S 89~36'~0'' E ~.. ' f.. ~ IJ ,d ..... ~ -- ¢ ; ' 'i ,8LbC~p_~_~S 69*36'40" E 71,84' U~ ~--Eg,s:: .... ; .....,~ ..... = ....;% ; ~___,=__~_~ .......... ~--~ .... ~ _ , ~. ,; s~ ~o ~.T, X', ~'~ ~ ~ ~ / ~h-' -'-:¢~ : B . 0~=00'00'' ' ,__% ~.j_ ~ .... , ................ ~ ~ · .¢~., · _- ~l .... ~ ........... ---~ ...... ~ ~.C,S.~,e~ 6 , ~ I --4-.~ · 475 . ~ ~ , ~ ~ %~--%' -:~ ~ ' ~-, L =? T , ' NOT A SURVEY z~ , '~-J~ z I FLOR[0A ~[PART~NT OF TRANSPORTATION 9~~~ 28~ J R[OHT ,OF WAY PARCEL ~KETCH Z L ~-ATE OF FLOR[DA ISTATE RO~D NO.9 ~1-95} ~&LW B~C~ COUNTY D~PAR'~NT 0¢ TRANSPORTATION ='10H- 0F WAv ~PiNO 3400 wEST CCM~RCiAL BLVO. ,F, %0. N~ SHEE c. ~ ,',.,ey .w3 g2-O _=88. EXHiBiT ,],0m m© ~5 30 GR,~PHIC SCALE 7.27. N 8 I ~ ,-E. 5 74 x, TT°50'04" ,V ME T~-q Y//' , ~-¢~ -~E ~,O$ TCNE/ MEMOR: PARK FD,PK NAIL 8 DISC: AT [ INTERSECTION N.W,~TH ST. t~ N.W, IOTH AVIr. (ON I/4 SEC.L [NE 1 DETAIL "A" 4;." _..~---~ / L~UREL ~V£.~)~ / FD.PK NAIL 3;37 SURVEY P/~RC~L 88 ;PART) ICEPARTMENT OF TRANSPORTATION RIOHT~OF WAY PARCEL SKETCH F,P, N~. N SEC1,ION 97 STA~£ OF FL0~IDA DEPART~I[NT 0F T~ANSPORT~T[ON OISTR1CT FOUR RIGH~ OF WAY '~541,777-4550 .. S..,-.,,e~ '~,3 ~2-2 & Requested City Commission Meetin~ Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 VII.-CONSENT AGENDA ITEM D.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] May21, 2002 [] June 4, 2002 [] June 18, 2002 [] July 2, 2002 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 m3 April 17, 2002 (5:00 p.m.) Date Final Form Must b~rumed5 :-i.'~ in to CiW Clerk's O~f(_¢e :--. '~_. May g, 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 June 4, 2002 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unammous vote, recommended that the subject request be approved for Quantum Lots 48A, 48B, 48C only, and that a condition requiring allocation of space for a bikeway or greenways be considered at time of site plan review. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-095. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: THE WATERSHED ACT I1, INC. (USAP 02-001) Michael A. Rodriguez, Sachs. Sax & Klein,P.A. Quantum Ltd Partners Quantum Park PID (Lots 48A, B & C) Request Use Approval for a rehabilitative hospital within the Quantum Park PID on lots with a master plan designation of Office/Industrial (OI). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATI~a~ N/A D e vklO"p~e nt'~p a"r tr~e'igf'I)Na~ c t o r '"'. ?' ) City Iv~anag~r'~ Signature Planning a or City Attorney / Finance / Human Resources S:kPlanningkSHARED\WP~ROJECTS\The Watershed Act II, lncXAgenda Item Request Watershed USAP 02-001 6-4-02.dot S:~BULLETINWORMS~GENDA ITEM REQUEST FORM.DOC TO: THROUGH: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-095 Chairman and Members Planning and Development Board Michael Rumpf Director of Plannin. g and Zoning Lusia Galav .~ Principal Pla~_) May 16, 2002 The Watershed (USAP 02-001 ) Use Approval for a Rehabilitation Hospital in Quantum Park PID NATURE OF REQUEST Mr. Michael Rodriguez of Sachs, Sax & Klein, P.A. is requesting use approval for a "rehabilitative hospital" on Lots 48A, 48B and 48C in the Quantum Park Planned Industrial Development {PID) (see attached location map - Exhibit "A"). The applicant, Watershed Act II, Inc. is proposing to construct a rehabilitative hospital for substance abuse treatment to house a maximum of 324 clients. The project would be constructed in three phases and include a four-story main building, two and three-story apartment buildings, conference room and fitness center {see proposed conceptual site plan - Exhibit "B"). According to the current Master Site Development Plan {Amendment No. 12) for the Quantum Park PID, the subject parcels (48A, 48B, 48C) are classified as "O1", thereby allowing office and industrial use alternatives. BACKGROUND The following is a description of the zoning district and land use classifications of properties surrounding the subject parcels, indicated in Exhibit "A": North: South: East: West: Park Ridge Boulevard right-of-way, and farther north Publix Distribution Center zoned PID and classified Industrial on the Quantum Park DRI Master Plan; South Florida Water Management District C-16 Canal and farther south Pioneer Canal Park zoned Recreation (REC)and single-family residential zoned R-l-AA; Canada Dry Distribution Facility zoned PID and classified Industrial on the Quantum Park DRI Master Plan; and PJM &Associates manufacturing facility zoned PID and classified Industrial on the Quantum Park DRI Master Plan. Unlike other conventional zoning districts, the zoning code does not set forth specific uses permitted in a PID. Pursuant to Chapter 2 - Zoning, Section 7.E., in a PID, a building and its customary~ ancillary structures and land uses may be erected, altered and occupied for any office, professional, business (wholesale and retail), educational institution, adult entertainment (consistent with Section 11.M. of the zoning code) or industrial uses provided that such use or uses is/are approved by the Planning and Development Board. In approving, a particular use, the Planning and Development Board must make findings that the proposed use will not be in conflict with the performance standards listed in Section 4.N. of the zoning regulations, and that the use proposed is consistent with the intent and purposes of the Planned Industrial Development District. ANALYSIS The Quantum Park DRI Master Plan permits development of the subject parcels as office and/or industrial. The City's C-1 Office and Professional Commercial district permits a hospital. The proposed Page 2 Memorandum No. PZ 02-095 rehabilitative hospital would be consistent with the C-1 zoning district permitted uses and would qualify as "office" development as it relates to the Quantum Park DRI Master Plan. The applicant is required to address the Performance Standards iisted in Chapter 2, Section 4.N of the Land Development Regulations as they relate to the proposed use of a rehabilitative hospital. The purpose of the Performance Standards are to ensure that uses will not be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or right-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust, or other particulate matter; toxic or noxious matter; odor, glare, heat or humidity; radiation, electromagnetic interference, fire or explosive, hazard, liquid waste discharge, or solid waste accumulation. The applicant's responses are listed below: 1) Noise: No use shall be carried out by Watershed so as to create sound which is '~n violation of Section 15-8 of the City Of Boynton Beach Code of Ordinances. 2) Vibrations: No use shall be carried out by Watershed so as to create inherently and recurrently generated ground vibrations which are perceptible without instruments at any point at or beyond the property lines of the property on which the use is located. 3) Smoke, dust, dirt, or other particular ma~er: Watershed shall not allow the emission of smoke, dust, dirt or other particular matter which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way, at or beyond the property lines of the property on which it is located. Furthermore, Watershed shall not allow emissions of any substances in violation of any federal, state, county or city laws or permits governing the emission of such substances. 4) Odors and fumes: Watershed shall not allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point beyond its property. 5) Toxic or noxious matter: Watershed will not allow the discharge of any toxic or noxious matter in such concentrations as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of their property or to contaminate any public waters or any groundwater. 6) Fire and Explosion: Watershed's use shall not create a fire or explosion hazard to adjacent property or right-of-way, or any persons or property thereon. Furthermore, Watershed certifies that the storage, use or production of flammable or explosive materials shall be in conformance with the provisions of Chapter 9 of the City of Boynton Beach Code of Ordinances. 7) Heat, Humidity or Glare: Watershed's use shall not produce heat, humidity or glare, which is readily perceptible at any point at or beyond the property line of the property. Artificial lighting which is used to illuminate any property or use shall be directed away from any residential use which is a conforming use according to these zoning regulations, so as not to create a nuisance to such residential use. 8) Liquid Waste: No use will be carried out by Watershed which would dispose liquid waste of any type, quantity or manner which is not in conformance with the provisions of Chapter 26 of the City of Boynton Beach Code of Ordinances, or any applicable federal, state or county Page 3 Memorandum No. PZ 02-095 9) 11) laws or permits. Solid Waste: Watershed shall not allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City of Boynton Beach Code of Ordinances, or which would cause solid waste to be transferred in any manner to adjacent or nearby propeR' or rights-of-way. Electromagnetic Interference: Watershed shall not create electromagnetic radiation which causes abnormal degradation or performance of any electromagnetic receptor of quality and proper design as defined by the principals and standards adopted by the Institute of Electrical and Electronics Engineers or the Electronic Industries Association. Furthermore, Watershed shall not cause electromagnetic radiation which does not comply with the Federal Communications Commission regulations, or which causes objectionable electromagnetic interference with normal radio or television reception. Hazardous Materials and Hazardous Waste: Wa~e~shed :shall comply with all hazardous materials and hazardous waste regulations local, state, and federal. It is the opinion of staff that the proposed "substance abuse" rehabilitative hospital is consistent with the intent and purpose of the Quantum Park PID. The Quantum Park DRI is currently approved for a very diverse group of uses. Amendments 10 and 12 to the Quantum Park DRI Master Plan introduced Mixed Use including residential to the PID. The PID also includes the Boynton Beach High School and the Tri- county commuter Rail station. The rehabilitative hospital will provide a public health service to the community in Boynton Beach and beyond. As for impacts to both the adjacent properties and the Quantum Park PID, the rehabilitative hospital would be compatible with the adjacent manufacturing and distribution uses. This subject site is located in the southern portion of the Quantum Park PID where all lots, with the exception of Lot 50-A and the subject lots, are developed with operational manufacturing businesses. A relatively quiet and unobtrusive rehabilitative hospital should pose no threat to the ongoing operation of the current or future businesses in this location. As well, the 40 foot buffer requirement and the SFWMD C-16 canal provide a significant buffer from the existing City park:and residential homes to the south. Although no formal site plan has been submitted, the conceptual plan indicates a campus like design with landscape buffers along all property lines. The buildings will t~e setback significantly from Park Ridge Boulevard and oriented internally on the site. RECOMMENDATION Use approvals for the Quantum Park PID typically apply to lots with selected use options, rather than only specified lots. However, contrary to past practice, staff would recommend that for the unique use of a "substance abuse rehabilitative hospital", approval be granted only for Lots 48A, 48B and 4SC.This will facilitate the future case-by-case review of similar and other uses potentially qualifying as a "rehabilitative hospital" Additional conditions recommended by the Planning and Development Board or the .City Commission will also be placed in Exhibit "C" - Conditions of Approval. LG Attachments S:\PIanning\$HARED\WFSPROJECTS\The Watershed Act th Inc~Staff ReDor~,eoc Location ~Map USAP 02-001 EXHiBiT "A" 700 0 700 1400 2100 Feet EXHIBIT "B"' USAP 02-001 PARK RIDGE BOL'LEVARD SITE PLAN THE WATERSHED ~r BOYNTON BEACH QUINCY JOHNSON ARCHfTECTS DEVELOPMENT ORDER OF THE CiTY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Watershed Act II, Inc. ~ APPLICANT'S AGENT: Michael Rodriguez- Sachs, Sax, & Klein P.A. APPLICANT'S ADDRESS: Suite 4150 Northern Trust Plaza, 301Yamato Rd., Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 4, 2002 TYPE OF RELIEF SOUGHT: Request for Use Approval for a Substance Abuse Rehabilitative Hospital in the Quantum Park PID. LOCATION OF PROPERTY: Lots 48A, 48B, 48C Quantum Park PID 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. o 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: S:\Planning~SHARED\WP\PROJECTS\The Watershed Act II. Inc\Develop. Order Forrn-2002-Revised.doc City Clerk EXHIBIT "C" Conditions of Approval Project name: The Watershed Act 1I. Inc. File number: USAP 024)01 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X [ UTILITIES Comments: NONE X FI1LE 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 1. The "substance abuse rehabilitative hospital" approval be X granted only for Lots 48A, 48B and 48C. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. A condition requiring allocation of space for a bikeway or greenways be X considered at time of site plan review. I I Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS Comments: MWR/sc S:\Planning~SHARED\WP\PROJECTS\Tho Watershed Act II. Inc\cond. of approval 2001 form.doc XI. - NEW BUSZNESS I'TEM B. June 3,2002 Suggested Resolution for New Business From: Mike Ferguson Resolved that the portion of Commlssion'compensation attributable to expense allowances be revised each year on July 1, to reflect cost of living changes in either direction, as measured by the Consumer Price Index (CPI); that these changes be incorporated into each year's budget with a start date of October 1, to coincide w/th the city fiscal year. Requested Ci .t'y Commisston Meeting Dates [] March 19. 2002 [] April 2. 2002 [] April t6.2002 [] May 7, 2002 XII. - LEGAL ITEM A.1 CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FOI~,. Date Final Form Must be Turned m to Cit~ 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 !8,2002 [] July 2, 2002 Date Final Form Must be Turned tn to Cit7 Clerk's Office May 8. 2002 (5:00 p.m.) May 22. 2002 (5:00 p.rc~ Sune 5, 2002 (5:00 p.mA 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: EXPLANATION: PROGRAM IMPACT: FISCAL IMPACT: Approve amendment to Section 141 of the Charter of the City of 8oynton Beach to comply with State Statute. The purpose of the amendment is to resolve a conflict, ctari~ the intent of this section and to comply with Florida State Statute. N/A N/A ALTERNATZVES: Department Head's Signature City Clerk's Office Department Name ~ w C~ty Manager's Signature '~/ City Attor~'? Pinance / Human Resources S:\CC\WP~CCAGENDALAgenda Request Memos'~Agenda Item Request Form to amend Section 141 .dot S:'~BULLETIN'xFORMSLAGENDA ITEM REQUEST FORM.DOC ORDNANCE NO. 02- ,;.< / AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ,,-MMENDING PART I, ARTICLE Vff. ELECTIONS, SECTION 141 TO CLARIFY LANGUAGE AND TO CONFORM WITH FEDERAL, STATE AND COUNTY ELECTION DATES; PROVIDING FOR CONFLICTS, SEVER~BILITY, CODIYlCATION AND AN EFFECTIYE DATE. WHEREAS, the City Commission has determined that language in Section 14! of 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 appropriate to amend Section 141, to clarify the intent of the Section as well as to .,onform with election dates for federal, state and county elections; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ~ THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1... The foregoing Whereas clauses are true and correct and herein by this reference. Section 2. Section 141 of the Charter of the City of Boynton Beach, Florida be amended by adding the words and figures ~n underlined type, and by deleting the and figures in struck-through type, as follows: s~. 141. Regular municipal election, date; qualification of electors for Councilmen: method of holding elections, special elections. Regular municipal elections shall be held on the seccnd first Tuesday aRer the first Monday in November in an election year. In the event a mn-off election is required as specified in section 139 hereof, said election shall be held cn fo',:~b, Tuesday cf November On th~ 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 elecnon 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 and any other provision of the City Code, City Charter, ordinance or resolution, this ordinance shall control. Section 4. Authority is hereby given m 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, FLOR]DA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk s:ca,~ord'~'l~ting Secuon 141 - ~51~,02 Requested Cit3 Commission Meeting Dates [] M~rch 19, 2002 [] April 2.2002 [] April 16. 2002 [] May 7, 2002 NATURE OF AGENDA ITEM XII, - LEGAL ITEM A.2 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 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 June lg, 2002 June 5.2002 (5:00 o.m.) July 2, 2002 June t9.2002 (5:00 p.m...~ [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business c:.- [] _~nouncement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the June 4, 2002 City Commission Agenda under Legal, Ordinances - Second Reading. This request was approved under Ordinances - First Reading at the May 21, 2002 City Commission meeting. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-078. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: PACKAGING CONCEPTS (ABAN 02-001) QUANTUM PARK LOT g47 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 ALTERNATIVES.~.,e~ . N/A Develol3ment D~bar~xn'gnt ~i_}ector ~[lJ~ ~Si~amre Planning an~ Zoning/~ector City Attorney / Finance / Human Resources S2Planning~SHARED\WPLPROJECTS\Quanmm Park Lot 47 (Packaging Concepts)XABAN 02-001XAgenda Item Request Legal-Ordinance 2ndt reading 6-4-02.dot S:~BULLETiT&FORMSL&GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O2- O <& AN ORDINANCE OF THE CITY COMMISSION OF T~5? ....... OF BOY'NTON BEACH, FLORIDA, AU'~ ~:: ~ ~. L;~'G ABANDONMENT OF A TEN FOOT WATER ~ 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 PROVIDING AN EFFECTIVE DATE, WHEREAS, )undrew B. Blasi of Shapiro, Blasi, Dector & Piazza, P.A., agent for PJM & Associations, L.C., submitted this request 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 Plann/ng and Development Board and the City Commission on the proposed abandonment; and 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 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, which includes a condition holding final approval of this abandonment until a replacement. easement for a new water main is recorded in the Public Records of Palm Beach Count~. 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 Mawr Vice Mayor Commissioner Commissioner ;T: Commissioner City Clerk s:ca\Ordinances~Abandonment\10 foot water main easement - Quantum Lo~ 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 and/or 0.05 acres more or less LOCATION MAP Packaging Concepts / GITY '0 1/8 pU MILES / DISCL~iER KNOW .aLL MEN BY THESE PRESENTS that the City of Boynton 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 Boyn~on Beach, Florida, have hereunto set their hands and affixe4 ~e seal o f the City this __ day of ,2002. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito Interim City Clerk Gerald Broening, Mayor STATE OF FLORDA ) )SS: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared GERALD Broening and JANET P~O, 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 (I0') 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 LOCATION MAP Packaging Concepts fi, IYN IF CoMMER tUANTLiM R '0 1/8 ~U MILES DEVELOP3IENT DEPART3IENT 3IE)IOI~4zN'D U3I NO. PZ 02-078 TO: THRU: FROM: DATE: SUBJECT: Chairman and Members Planning and Development Board Michael W. Rumpf Planning and Zoning Director Eric Lee Johnson Planner 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 Apdl 3, 2003 (see Exhibit - 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: West: Quantum Park PID Lot 48, Vacant; and Quantum Park PID Lot 47-B, Flowers Baking Company / Quantum Park PID lot 47-C, Safety Kleen Systems. Page 2 'emorandum No. PZ 02-078 ~,BAN 02-001 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 obtair~ed from the Quantum Community Development District to relocate the easement. The direction of the sut2ject 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 propere/line (See Exhibit "B"). All building construction will be contingent upon approval of this request to abandon this water line easement. The water lines will be rerouted to run southward along the Beta Ddve: 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 Flodda Power and Light - Bell South Flodda Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) - Pending approval Pending approval Pending approval Pending approval Pending approval RECOMMENDATION: Staff recommends 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 i:~.G,.DATA~tam,&~g,c~F,.AR~DWv~PROSEC'T~,(~u.3n~,.~ P'~rk go~ 4.7 (P~ck~ C:or~c~,p~s )',A.B A.'q 0:*00 [~cz~ ~porcd, oc LOCATION MAP Packaging Concepts cITY EXHIBIT "A" iYNT UANTLIM p A ~:::~K ] ......... I 't'! I f! 1/8 pu MILES ~ESCRIPTiON & PREPARED FOR: PJM & ASSOC!ATES LC /ATER MAiN EASEMENT RELEASE EXHIBIT "B" PACKAGING CONCEPTS SPTE 02-001 EXISTING EASEMENT . DESCRIPTION · A PORTION OF AN EX]STING 10 FOOT WIDE WATER MAIN EASEMENT RECORDED IN OFFICIAL :ID BOOK 6889, PAGE 629, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND LYtNG IN A ON OF LOT 47-8, QUANTUM PARK AT BOYNTON BEACH, P.LD, PLAT NO. 10, ACCORDING TO THE PLAT --OF AS RECORDED IN PLAT BOOK 60, PAGE 34, PUBLIC RECORDS OF PALM BEACH COUNTY, DA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: IENCING AT THE SOUTHEAST CORNER OF PJM AT QUANTUM PARK, ACCORDING TO THE PLAT -'_OF AS RECORDED IN PLAT BOOK 76, PAGE 50, PUBLIC RECORDS OF PALM BEACH COUNTY, DA; THENCE NORTH 88' 50'54" WEST ALONG THE SOUTHERLY LINE OF SAID PJM AT QUANTUM PARK VANCE OF 15.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 88' 50'54" WEST G SAID SOUTHERLY LINE AND THE WESTERLY PROLONGATION OF SAID SOUTHERLY LINE A NCE OF 222.00 FEET TO A POINT IN THE EAST LINE OF THE WEST 85.12 FEET OF SAID LOT 47-~, TUM PARK AT BOYNTON BEACH; THENCE SOUTH 01' 09'05" WEST ALONG SAID LINE A DISTANCE OF · ~; THENCE SOUTH 88' 50'54" EAST A DISTANCE OF 222.00 FEET TO A POINT ON THE WEST LINE OF ~... FOOT UTILFrY EASEMENT; THENCE NORTH 01' 09'05" EAST ALONG SAID WEST LINE A DISTANCE .00 FEET TO THE POINT OF BEGINNING. 'AINING In all 2,220 sq. fi. and/or 0.05 acres, more or less. =-YOR'$ NOTES: S DRAWING iS NOT A SURVEY. SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. ~ DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE VIPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS ~ ACCOMPANY EACH OTHER. :~' S LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE GINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED LIDBERG _LAIJ ~E C) F/~. '~RG '~IONAL S CERTIFI' grSURVEYING, INC. _N.~/02I 2002 ~I)~VEYOR AND MAPPER j"A'TE,No. 3613 LEGEND: LB = LICENSE BUSINESS LS = LICENSE SURVEYOR OR~. = OFFICIAL RECORD BOOK PB =PLATBOOK PQB = POINT OF BEGINNING PQC = POINTOF COMMENCEMEN' ROW = RIGHT-OF-WAY UE = UTILITY EASEMENT DESCRIPTION & SKE'"I ',,..,H PREPARED FOR: PJM & ASSOCIATES LC WATER MAiN EASEMENT RELEASE EXHIBIT "B" PACKAGING CONCEPTS SPTE 02-001 EXISTING EASEMENT 3RTION OF PLAT BOOK 76, PAGE 50 LOT 4,7.B PJM AT QUANTUM PARK ~ ~ 10' WATER LINE ~SEMENT ,~ BEGINNING ~ L~ -- 222.00 N88*50'54"W P~T IBOOK 60, PAGE 34 · ~ ~ QUANTUM PARK AT BOYNTON B~OH, ~ ' P.~.D..~T NO. ~0 I~ ~ ~ SOU~ UNE LOT 4T~ ' - j NOR~MNE LOT 47~ 40 20 0 40 GRAPHIC SCALE IN FEET SCALE: 1" = 40' 8O "CAD K:~UTOCAD20OO[1.74543[00-253~,00'253A LIDBERG ~_~m.~ · ~ ~. ~,. ~U RVEYi N G~, i N C._.J ;~; oc,~ J''''' · 01102./02 DESCRIPTION & SKETCH PREPARED FOR: PJM & ASSOCIATES LC WATER MAIN EASEMENT EXHIBIT "B". PACKAGING CONCEPTS SPTE 02-001 PROPOSED EASEME"qT ;.GAL OESCRIPTICN 2 FOOT WIDE AND 10 WIDE STRIP OF LAND BEING A PORTION OF LOTS 47-8 AND 47-0, QUANTUM PAR,"( AT 8OYNTCN 8EACH, O. PLAT NO. 10, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 80, PAGE 34, PUBLIC RECORDS CF PALM -;,&CH COUNTY, FLORIDA, &ND HEREIN DESCRIBED iN TWO PARTS REFERRED TO AS EASEMENT "A" AN0 "B", THE CENTER LINES WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ,,SE,MENT "A* ]MMENCING AT THE SOLFi"HEAST CORNER OF SAID LOT 47-8, QUANTUM PAJ:~4 AT BOYNTCN BF,~CH: THENCE NORTH 88"50'54" 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 Lr't"ILFFY ,SEMENT RUNNING PAJ:~AL~L AND ADJACENT WITH BETA DRF,.'E AS SHOWN ON SAID QUANTUM PARK AT BOYNTON 8EACH, SAID BEING THE CENTERLINE OF A 12.0 WiDE STRIP OF LAND AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH '50'54" WESTA DISTANCE OF 26.:31 FEET; THENCE SOUTH 01"09'05' WEST A DISTANCE OF 33.69 FE~J" TO A POINT ON SAiD 15 '~LFT'Y EASEMENT AND THE POINT OF TERMINUS. .,SEMEN'i" "B' .;MMENCING AT THE AFOREMENTIONED TERMINUS POINT OF EASEMENT 'A"; THENCE SOUTH 01'09'05' WEST RUNNING ACROSS =ORTiON OF ~lD 15 UTILITY EASEMEN'r A DISTANCE OF 70.09 FEET, TO A POINT ON THE SOUTHWESTERLY LINE OF SAID 15 ;cT UT1LfT'Y EASEMENT AND THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED CENTERLINE OF A 12.0 FOOT WIBE ENT; THENCE SOUTH 01 "09'05' WEST A DISTANCE OF 53.88 FEET; THENCE NORTH 88'50'54" WESTA DISTANCE OF 78.18 FEET ) r, r~OINT HEREINAFTER REFERRED TO AS POINT 'A"; THENCE SOUTH 01'O9'05' WESTA DISTANCE OF 18.00 FEb-r; THENCE ;NTINUING FROM THE AFOREMENTIONED POINT 'A" NORTH 88'50'54" WEST A DISTANCE OF 112.51 FEET, TO A POINT IN A LINE ;0 FF-.=T EAST OF AND PARAH ~L TO THE EAST LINE OF THE WEST 85.12 FEET OF SAIB LOTS 47-8 AND 47-0, SA~D POINT BEING ON iE CENTERLINE AND THE BEGINNING OF A 10 W~DE STRIP OF LAND; THENCE NORTH 01'0g'05" EAST, ALONG SAID PARALLEL LINE ,DISTANCE OF 229.19 FEET TO A POINT IN A LiNE 71.53 FEET NORTH OF AND PA,m, ALLEL TO THE SOUTH LINE OF SAID LOT 47-8 AND iE POINT OF TERMINUS. ;NTAINiNG IN ALL 8,889 SQ. rT. AND/OR 0.15 ACRES, MORE OR LESS. RVEYOR'$ NOTES: ;'HIS DRAWING IS NOT a SURVEY. ',iD SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 7HE DESCRIFT]ON SKETCH AND THE DESCRIPTION TEXT COMPRISE THE 3OMPLETF-- LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS =.,OTH ACCOMPANY EACH OTHER. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE IF A FLOPJDA LICENSED SUR*ZEYOR AND MAi=PER ~RIGINAL RAISED SF_.;~,~ -'_.VPLOY D BY SURV NG. ,NC. gATE OF LE¢..~. D~~02 "~IDA CERTIFICAT£ ~o. 3813 LIDBERG LAND SURVEYING, INC., LEGEND: LB = LICENSE BUSINESS LS = LICENSE SURVEYOR ORB = OFFICIAL RECORD BOOK PB =PLATBOOK PCB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT CAD K;,C,L,rI'OCAD2000\ 174 543'~0 0.253'¢,00-253 REF K;tAUTOC,AD'~ J DESCRIPTION & SKETCH PREPARED FOR: PJM & ASSOCIATES LC WATER MAIN EASEMENT EXHIBIT "B" PACKAGING 'CONCEPTS ' SPTE 02-001 PROPOSED EASEMENT POINT OF. I T,RMIN U:S'"',% I iI PLAT BOOK 76, PAGE 50 PJM AT QUANTUM PARK A 10' WATER LiNE EASEMENT O.R.B. 6689, PG. 6:29 15' UTILITY EASEMENT PER PLAT BOOK 60, PAGE 34 REMAINDER OF LOT 47-B 25.00~'__~ PLAT BOOK 60, PAGE 34 i l QUANTUM PARK AT BOYNTON BEACH, · I P.~.~. P~T NO. 10 26.31'N It I m o LOT 47~ ~ ~ ~ ~ P~T BOOK 60, PAGE 34 I ~ ~ QUANTUMP~KATBOYNTONB~CH, '~ }' J~ / ~ _ . 5.00 ~ Il ~ / ~__ X GRAPHIC SCALE IN FEET SCALE: 1' = 40' ~AUTOCAD20a0~174543~0(~253~A00-253 J CAD i LIDBERG LAND SuRvEYINGr INC: I~''° I FB. PG. J JO8 00-253-303 __ S.F.B. DATE 0110~02 EXHIBIT "C" Conditions of A_vproval Project name: Packag'ing Concepts File number: AB,MN 03 ~ ~ Reference: Abandon ..... ::relocate water line easement for Lot 47 Quantum Park P[D PUBLIC WORKS- General ,~ Comments: None X PUBLIC WORKS- Traffic I Comments: None X UTILITIES " Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEE~G DPClSION " Comments: None X BUIZDING DMSION X Comments: None PAR.KS AND RECREATION X Co~m:tlellts: None FORESTER/ENVIRONMENTALIST X Comments: None PLANNING AND ZONING Conditions of Approvni 2 DEPARTMENTS E'qCLUDE I RE3ECT l. Project will require approval from the City of Boynton Beach Utilities X Division. ADDITIONAL PLANND4'G/MhD DEVELOPM'ENT BOARD CONDITIONS Comments: ~ } 2. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 3. To be determined. j:\$HRDATA~=ianningtSHARED\WP~ROJECTS\Quantum Park Lot 47 (Packaging Concepts]~ABAN 02-001\Condition of Approval.doc DEVELOPMENT ORDER Of THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Packaging Comcepts APPLICANT'S AGENT: Andrew B. Blasi APPL CANT'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 Bou~eYard ORAWING(S): SEE EXHIBIT "B' A'f-FACHED 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: 1. Application for the relief sought was made by the Applicant in a manner consistent v~'~' the requirements of the City's Land Development Regulations. 4 The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for develop merit 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 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. Ot~er DATED: \\CH~MAIN'vS H R DATA\P!a City Clerk ng,$HARED\WP\PROJECT~'~Quantum Park Lot 47 [PacRaging ~cegts}',,ABAN 02-001~,OO.c~oc Requested City Commission Meetin~ Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 XII. - LEGAL ITEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Ci~ Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00p.m.) April t7, 2002 (5:00 p.m.) Requested City Commission MeetinK 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.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve an Ordinance amending Chapter 2. Administration Section 2-11 by deleting that section in its entirety and creating a new Section 2-11, which will create specific roles regarding decorum at public meetings. EXPLANATION: The City Commission deems it necessary and proper to adopt decorum standards which are the least intrusive and least restrictive means of maintaining control at public meetings. This Ordinance will prescribe more definitive roles to ensure that decorum is maintained at public meetings. PROGRAM IMPACT: FISCAL IMPACT: it currently reads. ALTERNATIVES: Do not approve and leave Section as C Department Head's Signature ~ Ci~ Manager's Signature · City Attorney Department Name City Attomey~ce / Human Resources S:~BULLETINZFORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2. ADMINISTRATION, SECTION 2-11. MAINTAINING ORDER, DECORUM AT COMMISSION MEETINGS BY DELETING SECTION 2-11 IN ITS ENTIRETY AND IN ITS PLACE AND STEAD CREATING A NEW SECTION 2-11; PROVIDING FOR CONFLICTS, SEVER_ABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds it is in the best interests of the public to rescribe more definitive rules to ensure that decorum is maintained at public meetings; WHEREAS, specific rules regarding the decorum are necessary to regulate ;vant debate and disruptive behavior at a public meeting which if unregulated, would :ause such meetings to drag on interminably and deny others the opportunity to voice opinions; and WHEREAS, the City Commission intends to adopt decorum standards which are least intrusive and least restrictive means of maintaining control at public meetings; WHEREAS, no restriction adopted by the Commission regarding the expression opinion at public meetings is intended to limit any member of the public from expressing their opinion in any alternate forum or by written form to the Commission; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clause is hereby ratified as true and correct and incorporated herein by this reference. Section 2. That Chapter 2., Administration, Section 2-11 of the Code of Ordinances is hereby deleted in its entirety, and in its place and stead a new Section 2-11 is hereby created as follows: Sec. 2-11. Maintaining order, decorum at commission meetings. (a) No person shall willfully interrupt or disturb the proceedings or meeting of the City Commission or any City 1)oard. (b) Only those individuals recognized by the presiding officer are authorized to speak to the Commission or to a City board. All other speech, remarks, or comments are unauthorized. Unauthorized speech, remarks, comments, stamping of feet, whistles, yells and similar actions or demonstrations constitute an interruption to public meetings, and are prohibited. (c) All persons attending any city meeting shall render inaudible any beepers, cellular telephones, or other mechanical or electronic devices while such meeting is in session. (d) The presiding officer shall preserve strict order and decorum at all meetines. (e) The chief of police or such member or members of the police department as the chief may designate shall be sergeant-at-arms at the regular and special meetings of the ci~. commission or board. The sergeant-at-arms shall carry, out orders and instructions ~iven by the presiding officer or by ama. iority of the City commission or board present for the purpose of maintaining order and decorum at the city commission meetings. (f) The City Commission shall allow members of the public to address the Commission regarding items not on the Commission agenda. The time: for addressing the Commission with non-asenda comments shall be designated "Public Audience". The Commission maw by order of the day, limit the time that members of the public may address the Commission. If no orders of the day are established, the time limit for addressing the Commission is three {3) minutes. (g) The City Commission may allow members of the public to address the Commission on non-public hearing agenda items under such rules as are adopted from time to time by the Commission by motion. (h) The Ci .t'V Commission shall allow members of the public to address the Commission on public hearing agenda items under such rules S :\CA\OrdinancesX3dministratixeXMeeting Decorum Ordinance 052~02 xtoc (i) O) as are adopted from time to time by the Commission by motion. Any person who causes an interruption of the meeting shall be warned by the Presiding officer that the conduct is interfering with the order of the meeting and shall be given the opportuni ,ty to cease the conduct which constitutes an haterruption. If the individual fails to cease the offending conduct and continues interrupting the meeting, the individual shall be removed from the meeting room if the sergeant-at-arms is so directed presiding officer, and such person shall be barred from farther audience for the remainder of the meeting. In case the presiding officer shall fail to act, any member of the city commission may rules or board shall reauire the I~residing officer to act. Statutes, entitled "Disturbing Schools and Religious and Other Assemblies," is subiect to arrest by those law enforcement, officers uired for a law (k) Inr additi0n .to any other remedy provided by law, a violation of the Ci~. 's decorum ordinance .may be prosecuted as a municipal served on the violator as set of Criminal Procedure. (!) Al! references in this: ordinance to Ci.ty Commission shall also limit member of the tic meeting · m directed to the CiW.. Section 3. : All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision: shall not affect the. remainder of this ordinance. Section 5. Authority is hereby granted to codify said ordinance. ;:\CA\Ordinanceskfdrmnistrati~ekMeeting Decorum Ordinance 05~02xtoc Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this day of June, 2002. 2002. SECOND, FINAL READING AND PASSAGE this day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:\CA\OrdinanceskAdministrativehMeeting Decorum Ordinance 05~02.doc XII. - LEGAL ITEM B.2 CITY OF BOYNTON BEACId AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting. Dates in :o CiW Clerk's Of'rice Requested City Commission Meeting Dates Date Final Form Must be Turned m to Cit,, Clerk's Office [] March 19. 2002 March 6.2002 (5:00 p.m.) [] May 21 2002 May 8.2002 (5:00 [] April 2. 2002 March 20. 2002 (5:00 p.m.) [] June 4, 2002 May 22. 2002 ~5:00 n.m.-~ [] April 16, 2002 April 3. 2002 (5:00 p.m.) [] June 18.2002 luna 5.2(Y02 ~5:00 [] May 7, 2002 April 17, 2002 (5:00 p.m.) [] July 2, 2002 Jane 19, 2002 (5:00p. m?~ [": Administrative [] Developmem Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presemation [] City Manager's Report RECOMMENDATION: Please place this request on the June 4, 2002 City Commission Agenda under Legal, Ordinances - First Reading. The City Commission approved this item under Public Heating at the May 21. 2002 meeting, subject to a further revision to increase the maximum height to 100 feet with corresponding conditions to mimmize land use and aesthetic mupacts. 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) 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 PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIV~/~A D eve l~e,nJt [~_p~7n~ ~) k _~tor ' Plann~ anSff~oning~lSi~or Manager s Signature City Attorney / Finance ? Human Resources S:hOlanninghV4udsonhMIXED USE~.genda Request CDRV 02-002 MU-L -lst reading 6-4-02.dot S:~BULLETIIC,FORMS AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR31 Requested City Commission Date Final Form Must be Turned Requested Cit3 Commission Meeting Dates in to CiW Clerk's Office Meeting Dates [] March t9. 2002 March6.2002 (5:00p.m.) [] May21.2002 ['-]I 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 Musk m to CiD' Ci~rk's Or, ce May 8, 2002 (5:00 p.m.) May 22. 2002 (5:00 p June 5. 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal ~}~ _... [] Bids [] Unfmashed Business · [] Announcement [] Presentation [] City Manager's Report ---, RECOMMENDATION: Please place this request on the June 4, 2002 City Commission Agenda under Legal, Ordinances - First Reading. The City Comrmssion approved this item under Public Hearing, at the May 21c2/)027 meeting. For further details pertaining to the request, see attached Department of Development Memorandum Nd~Z 090. EXPLANATION: PROJECT NAME: AGENT: DESCRIPTION: FEDERAL HIGHWAY CORRIDOR COMMUNITY REDEVELOPMENT PLAN 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-High Intensity (MU-H) zoning district for the purposes of implementing the Federal Highway Comdor Redevelopment Plan and accommodating redevelopment within planning areas #3. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNAT~ ~ N/A De~l'6pgaed[ ~)ep~a'n~'~t ISirector Plam~ and ~o~g ~ector City Manager's Signature City Attorney / Finance / Human Resources S:kPtanning'4-tudsonWllXED USEkAgenda Request CDRV 02-002 MU-H -lst reading 6-4-02.dot S2BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDLNANCE NO. 02- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA A~MEN'DENG LAND DEVELOPMENT REGULATIONS. CHAPTER 2 ZONING, SECTION 6. CREATING A NTW SUBSECTION "F"; ESTABLISHING MIXED USE LOW INTENSITY (MU-L) AND MIXED USE HIGH INTENSITY (MU-H) ZONING DISTRICTS FOR THE PURPOSE OF IMPLEMENTING THE FEDERAL HIGHWAY CORRIDOR REDEVELOPMENT PLAN; RENUMBERING THE CURRENT SUBSECTION "F" AS SUBSECTION "G"; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the proposed addition of two Mixed Use zoning districts to Part of the City of Boynton Beach Code of Ordinances is a staff-initiated amendment to the,' Land Development Regulations, which is consistent with the recommendations of the 'Federal Highway Corridor Community Redevelopment Plan", adopted by the City on May 15, 2001; and WHEREAS, the City Commission deems the adoption of this )rdinance to be in the best interests of the citizens and residents of the City of Boynton leach, Florida; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION }F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are tree and correct and are now atified and confirmed by the City Commission. Section2. That Chapter 2. Zoning, Section 2, Section 6. "F" is hereby mended by adding the words and figures in underlined type, as follows: Mixed Use Zoning Districts 1. Intent and Purpose. The Mixed Use zoning districts are adopted to guide levelopment and redevelopment in the downtown area and to encourage a diversiW of :ompatible 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 zomng districts are as follows: a. Support and enhance revitalization efforts in the Ciw's traditional commercial core area; b. Create major new residential and mixed use areas in planned locations with.appropriate densities, heights, and mixtures of uses; Create optimal pedestrian environments through appropriate separation from, and design of vehicular circulation areas; d. Allow flexibility'in architectural desie3n and building bulk; while maximizing compatibility and harmony wiih adjoining dev~-lopment within the redevelopment area; e. Create surrounding areas that complement rather than compete with the downtownl f. Create hiv.~her quality environments for residents, businesses~ employees, and visitors. 2. Zoning Districts. The Mixed Use zoning districts shall be applied to selected geo~aphic 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, housin~ public facilities, and environmental quality. Re,re.rations for the planning areas are implemented through two zomng 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 area. 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 Bovnton Beach Future Land Use Map. 3. Subdistficts established. a. MU-H (Mixed-Use-Hi~ Intensity) Zoning District. This zoning district shall only be applied to lands classi fled as Mixed Use-Core (MX-C) on the Future 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-fitly (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 Class!~cation o£Roadwavs 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 traditional commercial core, the M-U-L zoning district shall only be applied to lands peripheral to the downtown area and classified as Mixed Use (MX) on the Future Land Use Map. The MU-L district Is appropriate roi: iolWTi0: ~-.~ke.:d~ve~opmems t2at provide ~br rnedim ,density residential uses. The district allows a maximum height of seventy-five (75) feet and a residential density of 40 dwelling units per acre for mixed use projects. Building heights betxveen seventy-five (75) feet and one<huadred (100) feet may be permitted if reviewed as a condition-ak use. The review of these applications will emphasize aesthetics and design quality, and physical compatibility with adi acent land uses. All new mixed use develoaments within this district shall front on streets desi._znated as "arterial roads" on the "Functional Classification of Roadways Map" (Federal Highway, Bo'ynton 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 certmn r, eographic areas to further applicable redevelopment plans. 4. Permitted Uses. The following table identifies the permitted, restricted and )rohibited uses w~-.,,dn the Mixed Use Zoning Districts. Uses are classified as Permitted Not Permitted "N". Uses permitted with restrictions are followed by to a footnote below the table. Each footnote explains restrictious the use. The Planning and Zoning Director or designee shall have the )rove uses that are not specifically listed but are similar to uses that are uses are not expressly identified as or not permitted in any zoning district within the City. TABLE 6F- 1 SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDI. TIONAL USES USE GROUP/USE MU-L ZONE MU-H ZONE Residential or Lodging Use Group Bed and Breakfast, C N Hotel C-- 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 Government Office/Civic Center/Library C N Recreation (outdoor) p_ N Museum -P- P-- p3 N House of Worshil~ ~ -- Police or Fire-Rescue Station P--~ P Postal Center (retail sales only) C C Post Office P P-- Public Park P- P- Public Parking Lot or Garage P- P-- S:\CA\Ordinan~eskLDR ChansesXAmending LDR - Chapter 2 Section 6 Mixed Uses.doc USE GROUP/C'SE Office Use Group* ML'-L ZONE MU-L ZONE M-U-H ZONE {MU-H ZONE * Not encouraged as a first floor use tn the MU-H Zone Banks, Financial Institutions C9 Medical or Dental Clinic P_ Medical or Dental Office P Physical TherapY Clinic P Professional Business Office P_ Veterinary Office or Clinic' p6_ Group* Sales and General Commercial Use C9 P N MU-L ZONE MU-H ZONE * Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways. Alcoholic Beverage Package Store Ammunition or Firearm Sale or Rental Animal Boarding or Kennel Animal Grooming Animal Sales Antique Mall/Flea Market, Arts, Crafts, Hobby and Framing Auction House. Automotive Parts Sales Automobile Sales with Display Bakery, Retail Boat/Marine Sales/Rental Boat/Marine Accessories Bookstore Building Supplies or Materials_ Bus Terminal New Clothing, Shoes or Accessories Boutique Contractor's Office/Equipment Storage Coffee Shop Convenience Store. Custom Furnishings and Antique Stores Cyber-caf6 Delicatessen Dive shop and Instruction as Accessory Use Drug Store or Pharmacy Gasoline Sales with/without Vehicle Service Grocery Store, Supermarket P2 N C P P N N p12 p~ N N p_~ p~ p~ pll Cto p~ :\CA\OrdinancesXLDR Changes',Amending LDR - Chapter 2 Section 6 Mixed Uses.doc P2 N N N P N p__~ p__~ N P2 p__~ p__~ p__~ P Florist USE GRO UP/~JSE MU-L ZON~E p6 Hardware Store Health Food Store Home Improvement Centers Lumber Yard... Newsstand Outdoor Storage or Display Lot for .ial Vehicles Parking Lot or Garage, Private Personal Watercraft Sales, Rental, Service, Parts or Repair Photographic Studio and Photo~aphic 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 Video Rental. Wholesale/Warehouse/Distribution Service Use Group* p6 N N N c N c P2 N N MU-L ZONE * arterial roadways. Barbershop/Beauty Salon/Day Spa Dance Studio Dressmaker or Tailor Drycleaner Fitness Club Funeral Home Hospital 5~fU-H ZONE N N C P2 P2 MU-H ZONE Where permitted within the MU-L Zone, only on lots fronting on maior Labor Pool Establishments Laundromat Medical Outpatient Faciliw Nurser~, Preschool or Child Daycare 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 P_.~ p6,8 C N N P2 P2 P2 N S:\CA\OrdinanceskLDR ChangesXAmending LDR - Chapter 2 Section 6 Mixed Uses.doc M'o-:. ZONE MU-H ZON~ USE GROt.F/USE ~' r ' ~ Entertainment Use Group [ .M~-L ZO~ MU-H ZON~E Adult Entertainment Bar, Cocktail Loun~e~ N N Billiard Club/Bowtlng Aitey/mao.o.r. Recreation Facility Bingo Hall I ___ N N Fortune Teller N N MOvie Theater N C3 Night Club N C Performing Arts Theater N P.P. Private Clubs, Lodges and Fraternal C C Organizations Accessory Use t~T-L ZONE MU-H ZONE Drive-Thru Facility (other than accessory C---~9 use to financial institutions and restaurants) ',estriction 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. 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. Use shall be subiect to the following distance separation requirements from similar uses, measured in a straight line, using the shortest distance between property line~: 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. Maximum _gross square footage of structure shall not exceed 2,500 square feet. Storage of postal vehicles prohibited. Must be inte~ated into a commercial or mixed use development and not exceed 30 percent oft he gross floor area of the entire development, constructed within the same structure as the remaining commercial or mixed use development. 7 Gross floor area of ~ocery store must be a ]minimum of 15,000 square feet and a maximum of 30,000 sauare feet._ On-site drop-off and pick-up only. Drive-thru facility, including stacking lanes, must be screened, from public righlt-of- way and requires conditional use approval. Ingress/egress shall not be from/to an arterial roadway.. to 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 Hil~way Frontage in the MU-L Zone unless consistent with restriction note number six (6). Indoor storage/display shall not exceed 10,000 square feet, S:\CA\OrdinancesXLDR ChangesXAmending LDR - Chapter 2 Section 6 Mixed Uses.doc 13 In conlunction with a permitted manna use. Storage/display allowed only tn wet docks or indoor not to exceed 10,000 square feet. 5. Building and site regulations. Minimum Parcel Size,. Residential Or Lodging Use Group of a mixed ZONE w/Accessory Unit Attached Communi _ty FaciliW Use Group Park All other Use Living Area , Detached other Residential * of all units Minimum Lot Frontage t Attached dl Other Uses of at least 3 acres. 5,000 sq. ft. 7,500 sq. ft. 7,500 sq. ft. 15,000 sq. ft. fto no minimum 10,000 sq. ft ZONE 1,000 sq. ft.. 750 sq. ft. 750 sq. ft. ZONE MU-H ZONE 3 acres* 50 ft. 75 ft 25 ft 100 ft. 100 ft. 65,000 sq. ft. 20,000 sq. ft. no minimurn 10,000 sq. ft, MU-H ZONE 650* sq. ft. MIJ-H ZONE 100 ff. 100 ft. Maximum Height Attached Attached MU-L ZONE 35 ff. 35ft 35 ff. MU-H ZONE ,:\CA\OrdinancesXLDR ChangesXAmending LDR - Chapter 2 Section 6 Mixed Uses.doc All Other Uses 75 ft. ~''' 150 2. 'Maximum height at front property line is 45 ft. Add a minimum '~0 t~. of stepback for even [dditional 50 ft. of heir. bt. !Ma.v increase to a maximum hei?,ht of t00 fL subiect to conditions to minimize desi._ma and [and use incompatibilities- Minimum Hei.ght Applies to any facade with "arterial roadway" frontage. Applies to any facade with street frontage. Multiple story buildings are encouraged within the Federal Highway Corridor Dis~c.t, ~articularly along arterial roadways. The intent of this provision is m create ~ aopearance, ~r simulate the intensiW of, a minimum two (2)-story building. 4INIMUM PERVIOUS AREA ommuni .ty FaciliW Use Group 'arking Lot or Garage Residential Or Lodging Use Grouv [ses :hed hed i MU-L ZONE MU-H ZONE 15% 4O% 30% 20% YARD line to line to line 10fL~ 10ft.~ 10fl.2 0 ft or 10 f~3 0-15 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. Proiecting 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 proiecting 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. A\Ordinance$~&DR. ChangcsXAmendin$ LDR - Chap~'r 2 Section 6 Mixed Uses.doc ,IDE YARD esidential Or Lo. Residential, Single Family Detached, Interior IMU-L ZONE I 6ft. [ MU-H ZONIZq Comer End Attached (Duplex) Comer Residential, single Family Attached (Townhomes) End Corllel' U~s Adiacent to Residential Single Family Attached or. Zone [ses lOft. 15ft. 10tt 15ft. 20 fit 25ft.~ 0ft.~ Oft, Oft. Oft. single-family detached dwelling, less width of right-of-way. plus one additional foot for each foot of height over 45 ft. where adjacent to an YARD Residential Or Lodging Use Group All Residential, Where Yard is Adiacent to MU-L ZONE 25 ft. 7.5 ft. 7.5 25 ft. 2 ached MU-H ZONE 25 ft. Oft.t Where Yard is Adiacent to Residential Single Family 25 ft. 25 ft.2 Off.2 Oft.! 25ft.2 0a.3. subject to requirements of any permitting agency having jurisdiction over construction abu_tti_'_ng the [ntracoastal Waterway. plus one additional foot for each foot of height over 45 ft. where within or abutti.n_g the MU-L Zone Fifteen (15) feet abutting a street, 10 feet abutting an alley. Mixed Uses. Buildin s containin residential and. non-residential uses are and , as "all other uses." Residential uses within mixed-use structures shall uses. ;:\CA\OrdinancesXLDR ChangcsXAmending LDR - Chapter 2 Section 6 Mixed Uses.doc qonresidentiat uses within mixed resident~a~nonresidential structures shall be evaluated tbr :heir compatibiliw with residential uses located on upper floors, and shall demonstrate ;ompatibilit¥ based upon use-wpe, construction materials, floor ptan and site layout, and )ther factors as determined appropriate given the Wpe of use. 7. Building Placement, Massine. & Orientation. Structures fronting on arterial roadways within the MU-H and MU-L: Zones shall occupy the entire width of the l~arcet they are located upon, notwithstanding comer side setbacks and clearance needed for a drive that nay be required to access the rear of the property. 8. Landscaping aa MU-H District. (1) Trees. All new construction in the MU-H District shall ~)rovid¢ 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. 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 gua~rds, fabricated to City specifications, shall be vlaced adjacent to the curb, where feasible. 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-Stone pavers, red/charcoal color mix 2 by Paver Systems, Inc., or equal~ laid in a 4 S herringbone pattern to continue the design elements in place along Federal Highway. :\CA\Ordinances',LDR Chang~sXArnendin$ LDR - Chaptc'r 2 Section 6 Mixext Uses.doc Flower Containers To add color and soften sidewalk paving with plants, flower containers containing blooming annuals or perennials are encouraged to be planted and m ~along facades of new building fronting on arterial roadways in the ~-H Dis~ct. 9. Parking Requirements. Parking requirements for both the MU-H and MU-L oning districts shall be as set forth by Chapter 2, Section 1 IH, of the Boynton Beach Land Development Code. Chapter 2, Section 1 li shall apply only to the MU-H zoning district. a. On-site parking facilities shall be located to the rear or side of the ;tructure 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 ,rominent as viewed from the street(s) that serve(s) as the main orientation for the prmcipa/ ~uilding(s), in order to emphasize buildings and pedestrian features and de-emphasize >arking facilities. In order to best achieve this obiective, rear parking is preferable to side ~,ard parking. Access to parking shall be from side streets not serving as the r)rinckml ~trucmre's main frontage when possible in order to minimize vehicle/pedestrian contlicts 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 :omputed for the following five (5) separate time periods: weekdays (daytime, evening), ~eekends (daytime, evening) and nighttime. For the purpose of calculating the requirement )f the various uses for the various separate time periods, the percent of parking required shall Weekday Weekend Daytime Evening Daytime ~ Evening Nighttim.e. (6 a.m.- (5 p.m.- (6 a.m.- (5 p.m.- (Midnight- 5 p.m.) midnight) 5 p.m.) midnight) 6 a.m.) ~ercent) (Percent) (Percent) (Percent) (Percent) Office 100 10 10 5_ 5_ Retail 7.~5 75 100 70 5 ._ Lod.m.'ng 7_~5 100 7._~5 100 7_5- Restaurant 50 100 100 100 10 Entertainment 40 100 90 100 IO 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 xrnitted within the MU-H Zone only. Within the MU-H Zone, freestanding parking garages ~all not exceed 75 feet in height, and shall not have direct frontage on Boynton Beach ~ulevard, Ocean Avenue or Federal Highway unless the portion of the garage abutting said feets contains storefronts, restaurants or other permitted nonresidential uses on the first floor. 'he intent iS to border or wrap the garage in storefronts and other permitted habitable floor S:\CA\OrdinancesXLDR ChangesXAmending LDR - Chapter 2 Secuon 6 Mixed Uses.doc 7ea. so as to disguise the ,garage and create conunui~v in street-ievet activity by maintaining tterest for pedestrians and passing automobile traffic. Pnncipal structures that include parking ~rages shall be designed to blend the architecture of the garage with the remainder of the ructure to create the illusion that the garage is habitable floor space. d. Parking garages that are ~ncorporated fnto the same structure as a ~r/ncipal building, including structures providing parking on lower floors and habitable space )n upper floors, are permitted within the MU-H and MU-L Zones. Understory parking; (on :he first floor of a structure) is permitted throughout the MU-H and MU-L Zones for ;uch first floor parking areas shall be screened fi.om view by a desi to area. e. In order to increase the efficiency of parking provision and_ vehicle facilities shall be interconnected whenever possible. Parkine facilities_ wherever fea~sible, be designed for fiature connection to an adjoining parcel where an cannot be established. 10. Dumpster Location. Dumpsters shall be adequately screened fi.om view in a tuner compatible with the surrounding environment. 11. Circulation. Development sites with frontage on Federal Highway, Ocear!. Beach Boulevard shall be designed to discourage mid-block su'eet 12. Signage. Chapter 21 shall govern signage within the Federal Highway ~f the Boynton Beach Land Development Code. 13. 14. Density. The Comprehensive Plan shall regulate maximum densiW. Definitions. The following are supplement definitions applicable only to the therefore take precedence over definitions in other portions ~nflict. Accessory apartment: a habitable living unit added to or created within a s~ngle- and than tw{ of shall in no case be more than 750 square Antique shops: store". Child Care: an establishment from any premises used for the sale or trading of articles of which eight~ have collectible value. Antique shop does not are that provides care, protection and supervision for ~the~ 'ed on Coffee house: an informal caf6 or restaurant primarily offering coffee, tea, and other ,:\C A\OtdinanceskLDR ChanseskAmendin$ LDR - Chapter 2 Secuon 6 Mixed Uses.doc -alcoholic beverages, and where ligi~t refreshments and limited menu meals may also be old. Convenience Store: a small store, near a:residential area that stocks food and genera~ ~ods and is open all or most of the day and night. Custom furnishings: home furniture and decorative objects built to a buyer's }ns. cafe: a coffee house that provides patrons with computer terminals ~br the [nternet for a fee. Day Spa: spa facilities that have no overnight accommodations, but offer (an array o.f administered by licensed and certified spa technicians) beauty, wellness and that may last from a few minutes up to a full day.. Fortune-teller/Psychic: somebody who makes predictions about the future through including, but not limited to, astrologN, palm reading, psychic abilities, crystal ball~s or examining tea leaves. Half-way House: A residential faciliW used to house individuals being transitioned ,enal or other institutional custody back into the larger society. Hotel: a building, or part thereof, in which sleeping accommodations are offered to no cooking facilities for use by the occupants, and in which there is a public for the convenience of the guests. Access to the sleeping rooms shall be through inside and corridors. l.andscaped Area: Open space area not occupied by any structures or impervious ,ed material and ground covers pursuant to the Bmmton leach Landscape Code. Medical outpatient facility: an establishment where patients who are not lodged.. for examination and treatment by a group of physicians, dentists, or health care professionals. Mixed Use Development: a combination of two or more uses on a single parcel. In Mixed Use-High zoning district this shall consist of a structure or series of structures commercial with office uses and/or housing above. In the lc-Low l. nte~sits, zoning district, mixed-use can refer not only to uses within singlg[~e to different uses mixed in close proximiW in a single development. Motel: A building or group of buildings designed to provide sleeping .ommodations for transient or overnight guests. Each building shall contain a minimum of al units or rooms, which generally have direct access to a parking lot, street, etC. Newsstand: a stall, booth or store where newspapers and magazines are sold. store: an establishment where alcoholic beverages are dispensed or sold in containers for consumption off the premises.. Recreation and Entertainment, Indoor: an establishment offering recreation and ,:\CA\OrdinancesXLDR ChangesXAmending LDR - Chapter 2 Section 6 Mixed Uses.doc ~en:tenainment to the generai public within an enclosed building. Such uses inciude movie ,~heaters, bowling alleys, skating rinks, pool and billiard halls, ~ame arcades (pinball, thomputer), fitness centers, dance studios, court sports and swimming pools. Residential, Multi-Famil,/: A building containing three (3) or more dwelling units at cannot be classified as single-family attached. Residential, Single Family Attached: Two (2) or more one, family dwellings attached. common vertical firewalls, whereby each unit has its own front and rear access to the and no unit located over another unit. Examples of single-family attached duplexes and townhomes. Shelter: A facility, which is not a hotel or motel, used primarily for providing free or low-cost short-term lodging for individuals who would otherwise be homeless. Soup Kitchen: A facility providing free Or ve~ low-cost meals or distributing free or as pan of a charitable activity, pro,am Substance Abuse Center: A facility used primarily for the treatment of individuals for abuse. Section 3. Each and every other provision of the Land Development Regulations herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in :onflict with any provisions o f this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion 'be declared by a court of competent jurisdiction to be invalid, such decision shall not the remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this day of June, 2002. ,:\CA\Ordinances\LDR Chanses~,Arnending LDR - Chapter 2 Section 6 Mixed Uses.doc SECONT), FINAL RE,KDEN'G ~ND PASSAGE this __ day o f June, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ;T: Commissioner Clerk :\CA\Ordinances~LDR ChangesXAmendin$ LDR - Chapter 2 Section 6 Mixed Uses.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 Zonin%// _ 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 Hiqhway Corridor Community Redeve/opment P/an" Agent: Location: City of Boynton Beach Federal Highway Corddor segment between the Boynton (C-16) Canal on the north and Woolbdght Road on the south, and lying between the Intracoastal Waterway on the east and the right-of-way of the Flodda 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 Hiqhwa¥ 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 Distdct (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 early 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 coco 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. Only minor adjustments and additions have been made. Additions include: · "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 odginal draft to a total of twenty-three, which staff considers important for the clarity of the proposed ordinance. RECOMMENDATION Staff rec'c~mmends 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 Highway 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~=LANNING\HUDSON\MiXED ~S~CDRVSTAFFREPT.DOC City of Boynton Beach EXHIBIT "B" 8000 CRA C-16 C~NAL 8000 / 16000 / / f 24000 Feet -- MU-L MU-H MU-L City Boundary CRA line PBC Major Roads MU-H MU-L 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 ~ide 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 ~ided by an approved plan and throu~ 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 Furore 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 Future Land Use Map. 3. Subdistricts established. a. MU-H (Mixed-Use-High Intensity) 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-flAy (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 o fRoadwavs Map contain a mixture of retail, office and residential uses. ~ r W b. MU-L (M~xed-U se-Lo ~ Intensity) Zoning District. In order to complement the revitalization efforts inthe City's commercial core, the MU-L zomng district shall only be applied to lands peripheral to the downtown and classified as Mixed Use (MX) on the Future Land Use Map. The ~M'U-L district is appropriate for tow- to-mid-rise developments 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 alt :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 Wootbri~t Road) and contain a mixture o f retail commercial, office and residential uses. Height restr/ctions 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 foomote 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 SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES USE GROUP/USE MU-L ZONE MU-H ZONE Residential: or Lodging Use Group Bed and Breakfast Cs N Hotel C~ 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 pZ Boarding and Rooming House N N (except where provided by state law) Accessory Unit p N community Facilities Use Group MU-L ZONE MU-It ZONE GoVernment Office/Civic Center/Library lac N Recreation (outdoor) p N Museum P P 2 MU-H ZONE MU-H ZONE P USE GROUP/USE ........ IMU-LZONE] Community Facilities Use Group contYd p2 House of Worship Police or Fire-Rescue Station Postal Center (retail sales only) t ta~C Post Office I P ~ P Publi-~ Park P [ P P Public Parking Lot or Garage Office Use Group* P MU-L ZONE MU-H ZONE * Not encouraged as a £~rst floor use in the MU-H Zone Banks, Financial Institutions CTM Medical or Dental Clinic Medical or Dental Office Physical Therapy Clinic Professional Business Office Veterinary Office or Clinic P P P P pO P P P N N :cessories pO es or Materials N N Shoes or Accessories pO pO ,ment Storage N N . Stores pO N C P N P N N N p~ pO pO N N N N P N N pt~ N pO pO Ammunition or Firearm Sale or Rental Animal Boarding or Kennel Animal Grooming Animal Sales Antique Mall/Flea Market Arts, Crafts, HObby and Framing Auction House 'arts Sales ; with Display Sales and General Commercial Use [ MU-L ZONE MU-H ZONE Group* * Where permitted within the M'U'-L Zone, only on lots front/ag on major arterial roadways. Alcoholic Beverage Package Store pO pO USE GROUP/USE GENERAL COMMERCIAL cOnt'd Delicatessen Dive shop and Instruction as Use Drug Store or Pharmacy Gasoline Sales with/without Vehicle Service Grocery Store, Supermarket IFlorist Hardware Store Health Food Store Home Improvement Centers Lumber Yard C p6 pO Newsstand Out~10or Storage or Display Parking Lot for Commercial Vehicles parking Lot or Garage, Private Ownership Personal Watercraft Sales, Rental, Service, and Photographic w/Drive Thru ;it-Down Confections ,ods cessories or Marine Customizing, Detailing, air Sales, Rentals, and Storage or Tailor )istribution pO N N N N within the MU-L Zone, only on lots fronting ~alon/Day Spa I ~o pO N N Facilit7 or Child Daycare N p~ C* p6 N MU-L ZONE p6 pO I pO N N N N N P N ,N :N C* ' l C~ ptJ : pO Co Co USE GROUP/USE Service Use Group cont'd Nursing or Convalescent Home Photocopy Center Self-Storage or Mini Warehouse Shoe Repair MU-L ZONE MU-L ZONE ! MU-H ZONE MU-H ZONE N N pO pO N N Tattoo Parlor/Body Piercing Soup Kitchens,/S ubstance abuse Centers/ Shelters/Half-way Houses Entertainment Use Group Adult Entertainment Bar, Cocktail Lounge Billiard Club/Bowling Alley/Indoor Recreation Facility Bingo Hail Fomme Teller N N Night Club Performing Arts Theater N N MU-L ZONE MU-H ZONE N P p~ N N N C$ N Movie Theater N N Cs P C~ MU-H ZONE N N Cs MU-L ZONE Private Clubs, Lodges and Fraternal Organizations Accessory Use Drive-Thru Facility (other than accessory use to financial institutions and restaurants) 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. 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. 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. 9 12 13 [4 Gross floor area of grocery store must be a minimum of 15,000 square feet and a maximum of 30,000 square feet. Requirzz ~ '~:*;~ ~' ....~ app~aval 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 arter/al roadway. S hall 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). x,~ ,,,,a ..........f,~:,,,, .... ,, ..... .4 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. MinimuTM Parcel Size : MU-L ZONE MU-II ZONE Residential Or Lodging Use Group Hotel I '" 3 acres* *or is part of a mixed use development of at least 3 acres. Residential, Single Family Detached 5,000 sq. ft. ! '-' Residential, Single Family Detached w/Accessory Unit 7,500 sq. ft. --- Residential, Single Family Attached 7,500 sq. ft. 65,000 sq. ft. Residential, Multi-Family 15,000 sq. ft. 20,000 sq. ft. Community Facility Use Group Public Park no minimum no minimum All other Use 10,000 sq. ft 10,000 sq. Minimum Living Area MU-L ZONE MUd-II ZONE Single F~mily Detached 1,000 sq. ft. --- All other Residential 750 sq. ft. 750 sq. ft. Accessory Apartment 750 sq. ii. -,- Minimum Lot Frontage MU-L ZONE MU-II ZONE Residential Or Lodging Use Group Residential, Single Family Detached 50 ft. --- Residential, Single Family Attached (Duplex) 75 ft --- Residential, Single Family Attached (Townhome) 25 ft --- 100 ft. 100 ft. Residential, Multiple-Family 100 ft. 100 ft. All Other Uses 6 A. Maximum Height Residential Or Lodging Use Group Residential, Sin$1e Family Detached Residential. Single Family Attached (Duplex) Residential, Single Family Attached (Townhomes) All Other Uses MU-L ZONE 35ft. --- 35ft --- 35 fc --- 75ft.~ I 150 ft.~ MU-H Z,O~ ~ ZMaximum height at front property line is 45 ft. Add a minimum 10 ft. of stepback for every additional 50 fL of height. B. Minimum Height I 35 ft.i 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 MU-L ZONE MU-H ZONE Community Facility Use Group Public Parking Lot or Garage --- 15% Residential Or Lodging Use Group Residential, Single Family Detached 40% --- Residential, Single Family Attached 30% --- All Other Uses t 20% 15% FRONT YARD SETBACK MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Residential, Single Family Detached build to line 10 fL~ _.. Residential, Single Family Attached build to line 10 ft.t ._. Residential, Multi-Family build to line 10 ft. z 0-15 ft. All Other Uses including mixed use with a single-family 0 ft or 10 ft3 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 Mangle. Minimum setback for a garage facing or accessing the street is 20 feet. Proj coting 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 fi'om 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 i MU-H ZONE Residential Or Lodging Use Gr~i Residential, Single Family DetaChed, Interior 6 ft. --- Comer 15 fr --- End 10 fr. --- Residential, Single Family Attached (Duplex) Comer 15 Residential, single Family Attached (ToWnhomes) End 10 R ~ --- Comer 15 ft; ~ . Residential, MUlti-Family 20 ft" .~n~;,, ,~.~ -+ All Other Uses Adjacent to Residential Single Family Attached or 25 ff. Detached in the MU-L Zone Adjacent ~o Other Uses 0 plus one additional foot for each foot of height over 45 ft. where adjacent to an existing single-family detached dwelling, less width o fright-of-way. REAR YARD MU-L ZONE I MUTH ZONE Residential Or Lodging Use Group All Residential, Where Yard is Adjacent to Intracoastal Waterway 25 ft. 25 ft. Residential, Single Family Detached 725 ft. --- Residential, Single Family Attached 7~5 ft. --- Residential, Multi-Family 25 ft. 2 0 ft. t All Other Uses Where Yard is Adjacent to l. ntracoastal Waterway 25 ft. 0 ft..t Where Yard is Adjacent to Residential 25 ft. Z 25 ft. 2 Where yard is Adjacent to Ail Other Uses Oft. 2 0 ft. 3 subject to requirements of any permitting agency having jurisdiction over construction abutting the Intracoastal Waterway. plus one additional foot for each foot of heiSt over 45 ft. where within or abutting the MU-L Zone 3' Fifteen (t5) 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-L'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- 8 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 cemer. · 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. 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. do Sidewalks · All new construction in the MU-H DistriCt shall provide new sidewalks. · Sidewalks shall be Holland-Stone pavers, red/charcoal color mix 2 by Paver Systems, Inc., or equal, laid in a 4 S herringbone pattern to continue the design elements in place along Federal Highway. Flower Containers To add color and soften sidewalk paving with plants, flower containers containing blooming annuals or perennials shall are encouraged to.be 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 zomn.a districts shall be as set forth by Chapter 2, Section 1 IH, of the Boynton Beach Land Development Code.,_ ,,,-,-~v, ............. -,~ v-,-, ;,~,~,,,,,,~ *-~,~,,, ..... ... Chapter 2, Section Ili shall apply only to the MU-H zonin~ district. i a. On-site parking facilities shall be located to: the rear or side of the structure they are intended to serve and screened fi.om view from public streets, notwithstanding other provisions of these regulations that require a specific residential automobile garage setback, and paragraphs 8d. and Se. below, permitting tmderstory parking and regulating parking garages. The intent of this provision is that parking facilities not be prominent as viewed fi.om 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 fi'om 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) i 5 p.m.) midnight) 6 a.m.) (Percent) I (Percent) i (Percent) (Percent) (Percent) Office 100 10 10 5 5 Retail 75 75 100 70 5 Lodg/ng 75 100 175 100 75 Restaurant 50 100 , 100 100 10 I Entertainment 40 100 90 100 110 Residential 60 100 :i 100 100t100 (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 pertained 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 fagade 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. 11 11. S ignage. Chapter 21 shall govern signage within the FederaI 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 dwelling 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 estabtisb, ment that provides care, protection and supervision 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 caf6: a coffee house that provides patrons with computer terminals for browsing the Intemet for a fee. Day Spa: spa facilities that have no overnight accommodations, but offer (an array 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. Fortu~e-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 rransitioned 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 t~vo 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 park/ng 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 offthe 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 finks, 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 duplex, es 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. .I:',$H!m, DATA~Piannin~HudsonlMIX'ED USE~,CC Dr'att Mixed Use doc Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 NATURE OF AGENDA ITEM XlI. - LEGAL ITEM B.3 CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST FORM Date Final Form Must be -Fumed 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 Date Final Form Must be Turned m to Cit,~ 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.m.)~-~ [] Administrative [] Development Plans - [] Consent Agenda [] New Business [] Public Hearing [] Legal ¢'~? -~. rn"i [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the June 4, 2002 City Commission Agenda under Legal, Ordinances - First Reading. The City Commission approved this request under Public Hearing on May 21, 2002. 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 Infill 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: N/A FISCAL IMPACT: N/A ALTERNATIVES.~~ N/A Deve~pm~nt IJepartm~nt irector "~ity Manager's Signature Planning arid Zoning l[~irector City Attorney / Finance / Human Resources S:kPlanninguttudson~UD RegskAgenda Request CDRV 02-002 ][PUD 1st reading 6-4-02.dot S:kBULLETINLFORMSkAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O2- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2 ZONING, SECTION 5. CREATING A NEW SUBSECTION "L"; ESTABLISHING THE [NFII~L PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT FOR THE PURPOSE OF IMPLEMENTING THE FEDERAL HIGHWAY CORRIDOR REDEVELOPMENT PLAN; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the current Land Development Regulations do not address the of single-family attached dwellings, and WHEREAS, the current PUD regulations are based on the Urban Land Institute's Use Intensity (LUI) design methodology, which may preclude small (i.e. infill) parcels from being developed as a PUD; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are tree and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 2. Zoning, Section 2, Section 5. "L" is hereby amended adding the words and figures in underlined type, as follows: Sec. 5.. Residential district regulations and use provisions. acres in size. PLANNED UNIT DEVELOPMENT ([PUD). The lnfill Planned Unit District standards and regulations are created for the purpose of accommodate infill and redevelopment on parcels less than five (5) Parcels five or more acres in size shall comply with normal Planned Unit found in Chapter 2.5 of the Land Development Regulations. The [PUD regulations are intended to be used in Situations where new develor~ment or within an akead¥ developed area or neighborhood located in the "Federal Highway Corridor Community Redevelopment Plan" Study Areas I and V. A mixture of uses, including residential, retail commercial and office, may be allowed to the that no land use conflicts will result and the basic intent of the Zoning Code and thc Comprehensive Plan will be followed, S:\CA\OrdinancesXLDR ChangesXAmdending LDR - Chapter 2 ' Sec 5 - IPUD,doc Sec 5 - IPUD It is a basic public expectation that landowners requesting the use of the [PUD district will develop design standards that exceed l:he standards or.the basic development standards in terms of site desitin, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces, parking lot and circulation design, and setbacks, will be dependent on how well the above stated planning expectations are expressed in the proposed-development plan. 2. APPLICATION PROC ESS. 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 [pUrl3 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: 1 acre Maximum lot area 5 acres Maximum height 45 fi. (lesser height may be required for compatibility with adjacent development) Maximum lot coverage (Building): 50% VIaximum densiW 10.8 du/ac for lands classified High Density Residential (HDR) or ~ocal Retail Commercial (LRC). !0 du/ac for lands classified Special High Density Residential. Minimum usable open space per dwelling unit: 100 sq. ft. 4. ADDITIONAL STANDARDS. a. SCREENING AND BUFFERING. Appropriate screening and buffering 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 fi.om parking areas and driveways. b. PEDESTRIAN CIRCULATION. Pedestrian circulation should be carefully )lanned to prevent pedestrian use of vehicular ways and parking spaces. In all cases, >edestrian access shall be provided to public walkways. c. REQUIRED OPEN SPACE. The usable open space, such as recreation areas md 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 courtwards, natural areas and water bodies shall not count toward required open space. S:\CA\Ordinances~LDR Changes~Amdending LDR - Chapter 2 - Sec 5 - [PUD.doc Sec 5 - [PUD d. TRASH COLLECTION. Special emphasis shall be placed on trash collection ,oints. Trash containers or dumpsters shall be screened and desi,~ned so as to be conveniently accessible to their users and collectors. e. MIXED L-~X-NrD USE. Within the IPUD, mixed land uses may be proposed. 2ommercial 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. Compatib. ility wilt also be ~udged. on how well he proposed development fits within the context of the neighborhood and abutting ~roperties. Any commercial uses shall be small-scale retail and services, primafib~ to serve te residents °fthe [PUD, and not the public in general. fi VEHICULAR CIRCULATION. Privately owned streets providing secondary vehicular circulation internal to the [PUD 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 heal~, safety and/or welfare be ieo~ardized. Roadways providing external connections to the City, s street network shall meet alt requirements contained in the City's Land Development Re.._walations. g. EXTERIOR LIGHTING. Lighting of the exterior and varking areas of the )lanned development shall be of the lowest intensity and energy use adequate for its purpose, [nd shall not create conditions of elam that extend onto abuttin~ properties. h. NATURAL FEATURES. The physical attributes of the site shall be respected ?ith particular concern for preservation of natural features, tree _growth and open space. Section 3. Each and every other provision of the Land Development Regulations ~ot herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in :onflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion hereof be declared by a court of competent jurisdiction to be invalid, such decision shall not iffect the remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this day of June, 2002. :\CA\Ordinances~LDR Changes~.mdending LDR - Chapter 2 - Sec 5 - IPUD.doc Sec 5 - IPUD SECOND, FINAL READING AND PASSAGE this day of June, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk i:\CA~OrdinancesXLDR Changeskatmdending LDR - Chapter 2 - Sec 5 - IPUD.doc Sec 5 - IPUD DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 02-091 TO: THROUGH: FROM: DATE: SUBJECT: Chairman and Members Community Redevelopment Agency Board Michael W. Rumpf Director of Planning and Zoning__y/_ Dick Hudson, Senior Planner ~ May 5, 2002 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 Highway 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 Flodda 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 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 within Study Areas I and V of the "Federal Hiqhway 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 variety 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 developmen[ 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 v~ritten 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 ouffering, 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 'mportant 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 Infill 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:\SH RDATA\PLAN NING\HU DSON\PUD REGS\CD RVSTAFFREPT.DOC CHAPTER 2 - ZONING Sec. 5 Residential district regulations and use provisions EXHIBIT A L. INFILL PLg2N2'qED UNIT DEVELOPMENT (IPUD). The Infilt Planned Unit Development (IPUD) District standards and regulations are created for the purpose of atto~ving flexibility to accommodate infilI and redevelopment. The IPUD regulations are to be applied to new deveIopment or redevelopment proposed on parcels less than five (5) acres in size located within the "Federal Highway Corridor Community Redevelopment Plan" Study Areas I and V. The areas are generally described as follows: · Study Area I is bounded onthe north by the northern City Limits; on the south by the Boynt~n (C-16) Canal; on the east by the l_ntracoastal Waterway; and on the west by the centerline o fN.E. 4th Street. · Study Area Vis bounded on the north by the centerline of Woolbright Road; on the south by the southern City LimitS; on the east'by the Intracoastal Waterway; and on the west by the Florida East Coast Raikoad fight-of-way. Parcels five or more acres in size shall comply with the Planned Urfit 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 IPUD 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 rezonmg 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 IPUD 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): 5 acres 45 ft. (lesser hei~'qt may be required for compatibility with adjacent development) 50% Maximum density Minimum usable open space per dwelling unit: 10.8 dufac for lands classified High Density Residential (HDR) or Local Retail Commercial (LRC). 20 dufac for lands classified Special High Density Residential. 100 sq. ft4 4. ADDITIONAL STANDARDS. a. SCREENING AND BUFFERENG. 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 buffeting should also be used to shield the proposed development fi.om the negative impacts of adjacent uses. Special emphasis should be placed on screening the intrusion of automobile headli~hts on neighboring properties from parking areas and driveways. b. PEDESTRLAN 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 and/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. o EXTEP,:tOR LIGHTENG. 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. NATLrRAL FEATURES. The physical attributes of the site shall be respected with particular concern for preservation of natural features, tree gro~vth and open space. J:k.qHllDATA~Planning\Hu~onkPL,T) lt.¢gs\Intill Planned Unit Dcvelopment.rff City of Boynton Beach EXHIBIT "B" 8000 z Z 8000 16000 24000 il --' CRA Boundary Area Feet City Boundary CRA line PBC Major Roads Area I Area V N Requested City Commission Meeting Dates March 19, 2002 April 2, 2002 April 16, 2002 May 7, 2002 XII, - LEGAL ITEM B.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 (5:00p.m.} Requested City Commission Meeting Dates [] May-21. 2002 [] June 4, 2002 [] June 18,2002 [] July 2, 2002 Date Final Form Must be Tumed 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 NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda '[] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve an Ordinance amending Chapter 18, Article II, Division 4 of the Code to provide a supplemental benefit to the retirees of the General Employees' Pension Plan. EXPLANATION: The General Employees Pension Board of Trustees has recommended the provision of a supplemental benefit to be provided to the retirees of the Plan equal to a portion of any investment return the Plan experienced in any given year: and by approving this amendment, the Retirees may be eligible to receive a supplemental pension distribution. PROGRAM IMPACT: FISCAL IMPACT: An actuarial report shall determine the rate of investment return during the twelve month period ending each September 30th and shall determine the actuarial present value of future pension payments to current retirees, based on certain other criteria, as outlined in the proposed Ordinance. ALTERNATIVES: Do not adopt Ordinance and leave plan stares quo. Deparanent Head's Signature Manager's Signature City Attorney Department Name City Attox~,,/y~Finance / Human Resources S:XBULLETINLFORMSLAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 18, ARTICLE II, DIVISION 4 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA TO PROVIDE A SUPPLEMENTAL BENEFIT TO THE RETIREES OF THE GENERAL EMPLOYEES' PENSION PLAN; SPECIFICALLY AMENDING SECTION 18-111, ENTITLED "NORMAL RETIREMENT"; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in lieu of providing a cost of living increase to the retirees under the General Employees' Pension Plan (the "Plan") each year, the General Employees' Pension Board of Trustees ("Board") has recommended the provision of a supplemental benefit to be provided to the retirees of the Plan equal to a portion of any investment return the Plan experienced in any given year; and WHEREAS, it is the desire of the City Commission to amend the Plan as recommended by the Board; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are hereby certified as being true and correct and are incorporated herein by this reference. All exhibits attached hereto are hereby incorporated herein. Section 2. The City Commission of the City of Boynton Beach, Florida hereby amends Chapter 18, Article II, Division 4, Section 18-111 of the City Code of Ordinance of the City of Boynton Beach, entitled "Normal Retirement", as follows: Page 1 of 4 JFK: 11-19-2001 12-19-2002 5-25-2002 C:\Documents and Settm~;s\lamannar~ocal Settings\Tempora-,w Intemet Files\OLKB0\General Employees Pension - 13th checkl.doc ................................... ,"~: ........................... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 ORDIN.~NCE NO. Section 18-111. Normal Retirement. (e) Commencing. October 1, 2001, in lieu of receiving a cost of living increase retirees may be eligible to receive a supplemental pension distribution payable by the following July 1st, the amount of which shall be determined as of September 30th of each year. The amount of the distribution is equal to the amount the net investment return exceeds the assumed rate of investment return divided equally among all participants whose benefit was in pay status as of the previous October 1st. The amount of the distribution shall be the same for all eligible retired members regardless of years of service, age, _,,'ears retired or amount of monthly benefit. In no event shall the supplemental benefit exceed the average monthly benefit of those retirees receiving a monthly benefit calculated as of the previous October 1s~. (1) The actuary for the Pension Fund shall determine the rate of investment return earned on the Pension Fund assets during the twelve (12) month period ending each September 30th and shall be the rate reported in the most recent actuarial report. (2) The actuary for the Pension Fund shall, as of September 30th, determine the actuarial present value of future pension payments to current retirees. (3) The supplemental benefit shall not be paid in any year that the net investment return does not exceed the assumed rate of investment return. (4) If there shall be a supplemental distribution, the Board of Trustees shall m~thorize a supplemental pension distribution, unless the administrative expenses of distribution exceed the amount available for distribution. (5) The eligible persons to receive a supplemental distribution are retirees, including participants in the DROP, and their beneficiaries. (6) For members who participate in the DROP as provided in § 18- 127 of the Plan, the supplemental pension distribution, if distributed, shall be deposited in the member's DROP account during their term of participation in the DROP. Page 2 o f 4 JFK: 11-19-2001 f 2-19-2002 ~ 5-25-2002 S3CA\Ordinances\Pension\Genera Emp oyees Pension - 13th check.docl, t:U 990~,900!g2.EE~,ORD~,Gehera! Em~!~5'::: Pen:;cn 13t}: :~e:k.dac ! 2 3 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 ORDINANCE NO. Section 3. It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Code of ordinances of the City of Boynton Beach, Florida. The Sections of this ordinance may be renumbered, re-lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 5. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not effecting the validity of the remaining portions or applications remaining in full force and effect. This Ordinance shall become effective when the following have Section 6. occurred: (a) the City Commission has received and has accepted a report establishing the actuarial soundness of these amendments; when a collective bargaining agreement ratifying the foregoing changes to pension benefits has been ratified by the City Commission and the General Employees' Pension Board of Trustees, or their successor organization; and Page 3 of 4 JFK: 11-19-2001 2-19-200215-25-2002 ~ S:\CA\OrdinancesXPension\General Employees Pension - 13th check, doq .................................. r'v' ............ I 1 2 3 4 ORDINANCE NO. (c) a copy of this Ordinance is transmitted to the State of Florida Division of Retirement. Upon'satisfaction of all of the above requirements, then in that event, the terms and provisions of this Ordinance shall become effective. FIRST READING this __ day of SECOND, FINAL READING and ., 2002. ,2002. PASSAGE this day of CITY OF BOYNTON BEACH, FLORIDA ATTEST: CITY CLERK (CORPORATE SEAL) Mayor Vice Mayor Commissioner Commissioner Commissioner Page 4 of 4 JFK: 11-19,2001 I 2-19-2002 I 5-25-2002 S:\CA\Ordinances\Pension\General EmPloyees Pension - 13th ...................... Requested City Commission Meetin~ Dates ] March 19, 2002 [] April 2, 20O2 [] April 16, 2002 [] May 7, 2002 XlI. - LEGAL ITEM Bm5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned an 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 Fm-m Mus( be Turned in to City. Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:® 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: Pre-Retirement Death Benefit under Boynton Beach General Employees' Pension Plan EXPLANATION: Provide a definition for a method for choosing and calculating a survivor benefit under Section 18- 115. "Death Before Retirement Date". PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Department Head's Signature City Manager's Signature Pension Administration Department Name City Attorney / Finance / Human Resources SABULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA .~',~ENDING CHAPTER 18, ARTICLE 11, DIVISION 4 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA TO AMEND THE PRE-RETIREMENT DEATH BENEFIT OF THE GENERAL EMPLOYEES' PENSION PLAN; SPECIFICALLY AMENDING SECTION 18-115, ENTITLED "DEATH BEFORE RETIREMENT DATE", TO PROVIDE A METHOD FOR CHOSING AND CALCULATING A SURVIVOR BENEFIT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 2, 2001, the City Commission of the City of Boynton Beach, Florida adopted Ordinance No. 00-75 providing enhanced benefits to the members of the General Employees' Pension Plan ("Plan"); and WHEREAS, the General Employees' Pension Board of Trustees ("Board") has determined the necessity to amend the terms of the Pre-Retirement Death Benefit provided in §18-115 of the City of Boynton Beach Code of Ordinances in order to clarify the intentions of the method of applying this benefit within the Plan; and WHEREAS, the Board has approved and recommended to the City Commission the adoption of this amendment to the Plan as more particularly set forth hereinbelow; and WHEREAS, it is the desire of the City Commission to amend the Plan as recommended by the Board; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Page 1 of 5 JFK: 11-19-2001 2-19-2002' 5-25-2002 S :\CA\Ordinances\Pension\General Employees Pension - death benefit, docH ................................. r.~ ............ 2 3 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ORDINANCE NO. Section 1. The foregoing "WHEREAS" clauses are hereby certified as being true and correct and are incorporated herein by this reference. Ail exhibits attached hereio are hereby incorporated herein. Section 2. The City Commission of the City of Boynton Beach, Florida hereby amends Chapter 18, Article II, Division 4, Section 18-115 of the City Code of Ordinance of the City of Boynton Beach, entitled "Death Before Retirement Date", as follows: Section 18-115. Death before retirement date. (a) Prior to January 2, 2000, in the event of death of an employee prior to the receipt by such employee of any of the benefits under the provisions of this article, then the total amount of contributions by said employee to the fund, up to the time of his death, shall be paid to the beneficiary of the deceased employee, together with interest thereon at the rate of three percent (3%) per annum to January 1, 1977 and five percent (5%) thereafter, computed in the manner provided in section 18-117, unless the employee has reached normal retirement age and the retirement annuity option provided in section 18-118 has been elected by the employee, in which case pension payments will be made as though the employee had retired on the date before he died. (b) On or after January 2, 2000, in the event of the death of an employee prior to the receipt by such employee of any of the benefits under the provisions of this article, then the beneficiary of the deceased employee who was not vested, may receive the total amount of contributions by said employee to the fund, up to the time of his or her death, together with the interest thereon at the rate of five percent (5%) per annum thereafter, computed in the manner provided in section 18-117. The beneficiary of an employee who became vested prior to their death may receive the pension benefit earned by the employee as though the employee had retired on the date before (s)he died payable either as an immediate lump sum pa_wnent or as a monthly survivor benefit for the remainder of the survivor's life. (1) The immediate lump sum payment is equal to the _greater of the employee's contributions together with the interest thereon at the rate of five percent (5%) per annum or the lump sum value of the actuarial calculation of the employees' accrued pension payable at the earliest date the employee could have retired. Page 2 of 5 JFK: 11-19-2001 ~2-19-2002 5-25-2002 S:\CA~OrdinancesLPension\General Employees Pension - death benefit,doctsa,, ......................................., naaman~ Q', omc, or~ ..... ' Emp2%'zes o ...... I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE NO. (2) The monthly survivor benefit would be the actuarial calculation of the employee's accrued pension starting at the earliest date the member could have retired. If the beneficiary's age is more than fifteen (15) years less than the employee's age at the time of death, then the monthly benefit will be reduced as though the beneficiary was fifteen (15) years younger than the employee. The monthly survivor benefit is payable at the earliest date the employee could have retired. (3) If the earliest date that the employee could have retired is before the normal retirement date, then the accrued death benefit will be subject to the early retirement penalW of three percent (3%) for each year prior to what would have been the employee's normal retirement date. (4) If the beneficiary selects to receive the monthly survivor benefit but predeceases the date such payments commence, the employee's estate shall receive a refund of the employee's contributions together with the interest thereon at the rate of five percent (5%) per Section 3. It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Boynton Beach, Florida. The Sections of this ordinance may be renumbered, re-lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 5. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as Page 3 of JFK: 11-19-2001 ~ 2-19-2002 I 5-25-2002 S:\CA\Ordinances\Pension\General Employees Pension - death benefit. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ORDINANCE NO. eliminated and so not effecting the validity of the remaining portions or applications remaining in full force and effect. This Ordinance shall become effective when the following have the City Commission has received and has accepted a report establishing the actuarial soundness of these amendments; (b) when a collective bargaining agreement ratifying the foregoing changes to pension benefits has been ratified by the City Commission and the General Employees' Pension Board of Trustees, or their successor organization; and (c) a copy of this Ordinance is transmitted to the State of Florida Division of' Retirement. Upon satisfaction of all of the above requirements, then in that event, the terms and provisions of this Ordinance shall become effective and retroactive to the effective date of Ordinance No. or Section 6. occurred: (a) THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK Page 4 of 5 JFK: 11-19-2001 2-19-2002 5-25-2002 S:\CA\OrdinanceskPension\General Employees Pension death benefit doc ORDINANCE NO. FIRST READING this ~ day of ,2002. SECOND, FINAL READING and PASSAGE this ,2002. ATTEST: CITY CLERK (CORPORATE SEAL) CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner day of Page 5 of 5 JFK: 11-19-2001 2-19-2002 I 5-25-2002 S:\CA\Ordinances\Pension\General Employees Pension - death bcnefit.docH:\!99~\900!°~2.~E',ORD\Gener:! Emr.!cy::: Pans/an deax~. Requested City Commission Meeting Dates [] March 19, 2002 [] April 2.2002 [] April 16, 2002 [] May 7, 2002 XII. - LEGAL ITEM B.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned m 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 [] 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: Motion to approve an Ordinance amending Chapter 18, Article II, Division 4 of the Code to amend the Deferred Retirement Option Plan to modify the investment options available to DROP members. EXPLANATION: The General Employees Pension Board of Trustees has recommended an amendment to the General Employees DROP plan to amend the investment options available for members, by eliminating option 3 of the current plan. PROGRAM IMPACT: FISCAL IMPACT: . ALTERNATIVES: Do not adopt Ordinance and leave plan status quo. Department Head' s Signature - Cit~ Manager s Signature City Attorney Department Name City Attorney/(/(/~in~fice / Human Resources S:kBULLETIN~ORMSL&GENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 18, ARTICLE II, DIVISION 4 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA TO AMEND THE DEFERRED RETIREMENT OPTION PLAN ("DROP") OF THE GENERAL EMPLOYEES' PENSION PLAN; SPECIFICALLY AMENDING SECTION 18-127 TO MODIFY THE INVESTMENT OPTIONS AVAILABLE TO DROP MEMBERS; PROVIDING FOR CODIHCATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 2, 2001, the City Commission of the City of Boynton Beach, Florida adopted Ordinance No. 00-75 providing a Deferred Retirement Option Plan ("DROP") for the members of the General Employees' Pension Plan ("Plan"); and WHEREAS, the General Employees' Pension Board of Trustees ("Board") has determined the necessity to amend the investment options available for the DROP members; and WHEREAS, the Board has approved and recommended to the City Commission the adoption of this amendment to the Plan as more particularly set forth hereinbelow; and WHEREAS, it is the desire of the City Commission to amend the Plan as recommended by the Board; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: CODING: Words ino..~*-'"t'...... ,~,,._,..~..~. type are deletion from existing law. Words in underscored type are additions. Page 1 of 3 JFK: 2-19-2002 5-2-2002 5-25-2002 S:\CA\OrdinancesXPension\General Employees Pension - amend DROP investment po icy.doc~,. ........................... ~ manmr,m ~ omrm r~r. ..... t Em~cy::: P:.ns~cn a..'nend DROP !n;':stm..:n: ~c[!:y.de~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. The foregoing "WHEREAS" Section 1. clauses are hereby certified as being true and correct and are incorporated herein by this reference. All exhibits attached hereto are hereby incorporated herein. Section 2. The City Commission of the City of Boynton Beach, Florida hereby amends Chapter 18, Article II, Division 4, Section 18-127 of the City Code of Ordinance of the City of Boynton Beach, entitled "Deferred Retirement Option Plan", as follows: Section 18-127. Deferred Retirement Option Plan. (f) An employee's account in the DROP program shall earn interest in one (1) of thr-ee-(-3-) two (2) ways. The selection of the earnings program shall be irrevocable and shall be made prior to the first deposit in the DROP account. The options are: (1) Gain or lose interest at the same rate as the Plan; or (2) At an annual fixed rate of seven percent (7%); ^- Section 3. It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Boynton Beach, Florida. The Sections of this ordinance may be renumbered, re-lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. CODING: Words ino.-*-'~v,.~.. **..._..,.e,_~, type are deletion from existing law. Words in underscored type are additions. Page 2 of 3 JFK: 2-19-2002.5-2-200215-25-2002 investment policy docH S:\CA\Ordinances~Pension\General Employees Pension - amend DROP · . ................................ 1 2 3 4 5 6 7 8 9 10 ORDINANCE NO. Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict.- Section 5. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional .or invalid part or application shall be considered as eliminated and so not effecting the validity of the remaining portions or applications remaining in full force and effect, Section 6. This Ordinance adoption. FIRST READING this day of SECOND, FINAL READING ., 2002. shall become effective immediately apon ,2002. and PASSAGE this day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor ATTEST: Commissioner Commissioner CITY CLERK Commissioner CODING: Words in str.'.ck *~'~....,,.o..*' type are deletion from existing law. Words in underscored type are additions. Page 3 of 3 JFK:2-19-2002 5-2-2002 5-25-2002 S:\CA\OrdinancesLPension\General Employees Pensmn - amend DROP investment policy docu' ' na,~mnm Q, r,u,,r~o mc- ..... ~ Requested City Commission Meeting Dates [] March [9, 2002 [] April2, 2002 [] April I6. 2002 [] May 7.2002 XlI. - LEGAL ITEM C.1 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cit~ Clerk's Office March 6, 2002 (5:00 p.m.I March 20, 2002 (5:00 p.mA April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Cornmissmn 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 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 ~ Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Staff recommends authorizing the City Attorney's office to prepare a partial Release of Lien for 1000 West Industrial Avenue, Boynton Beach, Florida and is legally described as Boynton Beach Industrial Park North, Lot 5, 6, 7, 8 according to the plat thereof as recorded in ORB 00043, Page 0020, of the Public Records of Palm Beach County, Florida and authorizing the Mayor to execute Partial Release of Lien. EXPLANATION: The City has received the enclosed request from the property owner via their attorney, for a partial release for lots 5-8 in Boynton Industrial Park. Currently, there is a Code Compliance lien on lot 3 and 4 that attaches lots 5-8 as well. You will recall staff requested a similar action that you approved at your City Commission meeting of February 5, 2002 for lot 9. Staff feels comfortable in recommending the partial release of lots 5-8 based upon the fact a lien remains on lots 3 & 4. which secures our interest financially. The applicant has been extremely cooperative with staff in correcting the violations on these lots. There are closings scheduled for later this month and approval of this request would expedite the development of these lots. PROGRAM IMPACT: Partial release of lots 5-8 will still obligate the applicant/owner to pay any outstanding fines. FISCAL IMPACT: No fiscal impact as our lien on lots 3 & 4 continues to accrue. ALTERNATIVES: Not approve this request and require the applicant to seek r~'~Reduction" process. ~ ~ Department Head's Signature ~ -Cit~vlanager's Signature Department Name City Attorney Finance / Human Resources S:~BULLETIN~FORtMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING .AND DIRECTLNG THE MAYOR AND CITY CLERK TO EXECUTE A PARTIAL RELEASE OF LIEN FOR BOYNTON INDUSTRIAL PARK, AS IT RELATES TO LOTS 5 THROUGH 8 ONLY (CEB NO. 00-2790); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Subsection (3) of Section 162.09, Florida Statutes, provides that a certified copy of a court order imposing lien once recorded constitutes a lien against the land on which a code enforcement violation exists and upon any other real or personal property )wned by the violator; and WHEREAS, the City of Boynton Beach by Code Compliance Board Case No. 00- !790, currently has a lien against Lots 5 through 8 of Boynton Industrial Park; and WHEREAS, in order for Boynton Industrial Park Associates to sell Lot 5 through 8, Boynton Industrial Park and has requested a partial Release of Lien for Lots 5 through 8. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are tree and correct and are now ratified and confirmed by the City Commission. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Partial Release of Lien for Lots 5 through 8 of Boynton Industrial Park, and is attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of June, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk Ca~resoXagreements~Partial Release of Lien Boynron Industrial 5-8 THIS INSTRIJMENT PREPARED BY: James A. Cherof, City Attorney City of Boynron Beach P.O. Box 310 Boynton Beach, Florida 33425 PARTIAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the CITY OF BOYNTON BEACH, holder of a certain Lien filed by the CITY OF BOYNTON BEACH, against the property described below in Palm Beach County, Florida, owned by Boynton Industrial Park Associates, CEB NO. 00-2790 recorded in ORB 12862 Page 228, August 30, 2001, Public Records of Palm Beach County, Florida, to wit: BOYNTON BEACH INDUSTRIA/L PARK NORTH, LOTS 5, 6, 7 and 8, according to the plat thereof as recorded in ORB 00043 PAGE 0020, of the Public Records of Palm Beach County, Florida PCN: 08-43-45-20-20-000-0090 Address: 1000 West Industrial Ave., Boynton Beach, Florida does hereby release said Lien as to the above described property only. Witness (Print Name,) Witness (Print Name) CITY OF BOYNTON BEACH, FLORIDA BY: Gerald Broening, Mayor Attest: City Clerk STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared GERALD BROENING, as authorized representative of the City of Boynton Beach, Florida, who is personally known to me or has produced as identification and who did (did not) take an oath, and he acknowledged to and before me that he executed the foregoing insmarnent for the purposes therein expressed, pursuant to due authority. WITNESS, my hand and official seal this day of June, 2002. wp\depts\police\cocJe-enh 1000 W. Industrial Ave NOTARY PUBLIC My Commission Expires: C HAP, LES W. MILLAR DEVELOPMENT PLANNER Direct Line: (561) 822-0333 E-mail: cmillar~moylelaw, com MOYLE, FLANIGAN, KATZ, RAYMOND & SHEEHAN, P.A. ATTORNEYS AT LAW 625 North Flagler Dr/ye - 9~ Floor West Palm Beach. Florida 33401-4025 P.O. Box 3888 West Palm Beach, Florida 33402-3888 Telephone: (561) 659-7500 Facsirmle: (561) 659-1789 Tallahassee Office (850) 681-3828 May 16, 2002 VIA TELECOPIER 742-6838 Kurt Bressner City Manager City of Boynton Beach 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 RE: Boynton Industrial Park Associates Request for Release Dear Mr. Bressner: This firm represents Boynton Industrial Park Associates, the owners of lots 3 through 8 in the Boynton Beach Industrial Park. I've attached a map for your ready reference to locate the property. The purpose of this correspondence is to request that we be placed on the City Commission agenda for June 4, 2002 to discuss with the Commission the possibility of releasing these lots from the Order of Final Judgment Imposing Default as to lot 3, entered on May 14, 2002 in order to enable us to sell those lots. In order to provide a comfort level to the City with respect to the accruing fine on tot 3, which, as of the date of this letter, is approximately $18,250.00, we offer that the remaining real estate value in lots 3 and 4 would suffice to pay off any liens or fines. Lot 9 was sold in March of this year for $262,500.00. I enclose a copy of the recorded warranty deed for lot 9 for your review (Official Record Book 13469, Page 904). In order to convey clear title to lots 5 through 8 to the buyer, we are asking that the violation cited against lots 5 through 8 be released. The referenced vic lation was for adding fill to the site without first obtaining a permit from the City. Please understand that our client, Boynton Industrial Park Associates, was cited because they are the property owner. We have been working very closely with Scott Blasie, Code Compliance Administrator, and Jeff Livergood, City Engineer, to address all of the issues they G.\ [ 9192515~City Manager Ltr 5-13 -02. wl:d Kurt Bressner, City Manager May 16, 2002 Page 2 identified with respect to the cited violation. I believe both gentlemen support our request for lots 5 through 8 be released from the lien on lot 3. The current unauthorized occupant on lots 3 and 4, Phoenix Wrecking, brought the fill to the property without obtaining the proper City approvals. Our office is currently engaged in litigation with Phoenix Wrecking in an attempt to have them permanently removed from the property so that the existing violation on lots 3 and 4 may be remedied. By copy of this letter, we are also asking that Mr. Livergood furnish us correspondence indicate that lots 5 and 8 are released. Similarly, we would ask for Scott Blasie to place us in ~he June code compliance agenda so that we may explain and discuss the status on the lien itself. Upon receipt and review of this correspondence, please give me a call at 822-0333. Thank you in advance for your help and cooperation on this matter. Y, W. Millar, Jr. ~ment Planner cc: Leonard Sylk Scott Blasie Jeff Livergood, P.E. G:\t9192\lS\City Manager Ltr 5-13-02.wpd Requested Ctty Commission Meeting Dates [] March 19. 2002 [] April 2. 2002 [] April 16. 2002 [] May 7. 2002 XII. - LEGAL ITEM D.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned tn to City Clerk's Offic.e_ March 6. 2002 (5:00 p.m.) March 20. 2002 (5:00 p.m. ~ April 3. 2002 (5:00 p m.~ Apri] 17. 2002 (5:00 p.m.) Requested City Commisston Meetin~ Dates [] May 21, 2002 [] June4, 2002 [] June 18. 2002 [] July2,2002 Date Final Form Must be Turned m m Ciw Clerk's Office May 8. 2002 (5:00 p.m. May 22. 2002 45:00 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: Staff recommends authorizing the City Attorney's office to initiate foreclosure action against the property located at 1102 North Federal Highway. The Code Compliance Board has granted their authorization to foreclose as provided for in Florida Statute 162. EXPLANATION: The property located at 1102 North Federal Highway is subject to a Code Compliance Board lien exceeding $17,000.00. The Code Compliance Board authorized foreclosure at their December 20, 2000 meeting as required by law. Currently the property is in advanced state of deterioration and appears to be "non-conforming" in terms of the building and the site itself. PROGRAM IMPACT: Currently the property is a blighting influence in this particular area and may need to be demolished. There appears to be an obvious lack of interest on the owner's behalf to maintain the property to our standards. Elimination and/or rehabilitation of this site would go a long ways towards improving this area. FISCAL IMPACT: Properties in this state of decay have an adverse impact on the community in terms of how the City is perceived by developers and investors. ALTERNATIVES: ..~llow the lien to accrue and the building/site to remain in ~i~.paD / ZDepartment Head's Signature 't~ ~a~g~r s Signature Department Name City Attorney / Finance / Human Resources S:~BULLETIN'd:ORMSXAGENDA ITEM REQUEST FORM.DOC TO: David Toices. CITY OF BOYYI'ON BEACH. FLORIDA INTER-OFFICE MEMORANDUM DATE: 4/5/02 FILE: Case = 00-407 FROM: Assistant City Attorney Scott Blasie, ,]~ Cods; Compti~/ Ad:72nistrator,/w SUBJECT: REFERENCES- ENCLOSURES: Foreclosure of Jien for property located at 1102 North Federal Highway Recorded Documents/Property Description The enclosed documents were recorded in the Public Records of Palm Beach County and represent a lien totaling $16, 984.12 as of today. The lien connnues to accrue at S25.00 per day; with no visible attempts by the owner to make the repairs necessary to comply with the Code Compliance Board's Order. The violations consist primarily of exterior "appearance" deficiencies including painting, sod and tree trimming. The file contains good pictures representing the violations contained within the case file. The address according to the Property Appraiser's Office is still the same as it was when the case was processed. During our work on this case our Certified Mail was returned and the case moved forward as a result of"posting" of the requisite notices. The printout I attached for your review was generated on April 5, 2002. This property lies within our C.R.A. district and may be something we should pursue, especially since it has sat vacant for quite some time. J" Please let me know if you need any further assistance from my office. I can probably fund the costs of encumbrance searches and other related matters if necessary. C: Lynn Aronofsky File S:\CODE COMPLIANCE%cott's Folder~Scott*s Folder\Cit) Attorney Correspondence\l 102nfederalh~.'ytbrectosure nvest ganonre,~ uest.doc Palm Beach County Property Appraiser Public Access System GAR Y R. NIKOLITS, CFA Owner Name [ECKO Owner Information Sims Address Parcel Control Number 1102 N FEDERAL HWY 1t08-43-45-21-32-002-0201 Confirmation Information ;ubdivision: LAKE ADD TO BOYNTON Mailing 12400 Address: NW BOCA RATON BLVD IBOCA RATON FL 33431 6647 Date:It L .. LAKE ADDITION TO BOYNTON cgm. BEACHLT 20 & 22.78 FT OF LT 21 (LESS SR R/W) BLK 2 2001 Certified Appraisal Improvement Valu Land Value:][ Market Value.'[[ $47,17811 $75,240I $I 22,4181[ Number of Units: Total Sq. Ft: Acres: 2001 Certified Tax Ad Valorem:Il Non ad valorem:J[ $3.007.33]l $ 9o.o8ll $3,197.4111 2001 Certified Assessed & Taxable Values Assessed Value:I Exemption amount:Il Taxable:[ $122,418.ooli {More. $122,418.00t 2001 Exemption Descripti°n:tl IExemption Holder:Il http ://www.co.p alm-beach, fl. us/p ap aJdetail_info, asp ?p_entity=08434521320020201 4/5/2002 BEFORE THE CODE ENFORCEMENT BOARD OF THE CITY OF BOYNTON BEACH, FLORIDA CASE NUMBER: 00-407 CITY OF BOYNTON BEACH, FLORIDA VS. Petitioner, CODE COMPLIANCE BOARD ORDER ECKOLS 76 LTD. Respondent(s). THIS MA'FI'ER came before the Code Enforcement Board for hearing on the 17th day of May, 2000. After considering the testimony and evidence the board finds: 1. Respondent(s) Owns the Property which is the subject of this Code Board proceeding. 2. A violation or violations existing on the Property as set forth in the Notice of Violation is/are as follows: CH15-ART. IXo15-120 (D) 1 INC. & (E) 2.A. 3. The Respondent(s) has/have been propedy provided with Notice of Hearing and did not appear at the Hearing. It is therefore, ORDERED AND ADJUDGED THAT: Respondent(s) shall correct the violation(s) by 06/19/00. If the Respondent(s) will not comply with this Order, a fine in the amount of $25.00 plus administrative costs ~s imposed each day the violation(s) exist(s) past the date set for compliance or for each time the violation(s) has/have been repeated. Once a fine is certified, that Order shall thereafter be recorded amongst the Public Records of Palm Beach County, Florida and shall constitute a lien upon the property located at: 1102 N Federal Highway, Boynton Beach, Florida, and more particularly'described as: LAKE ADDITION TO BOYNTON BEACH LT 20 & 22.7'8 FT OF LT 21 (LESS SR R/W) BLK 2 according to the piat thereof as recorcied in ORB 10163,. Page 0685. of the Public Recoros of PaJm Beach County, Florida. 'PCN: 08-43-45-21-32-002-0201 Respondent(s) shall advise the Code Compliance Division within 24 hours after the violation(s) have/has been corrected. The Code Compliance Officer assigned to this case will vedfy the status of the violation(s). ORDERED AND ADJUDGED after hearing this / 5'r' day of .~t~,~ ,2000 at Boynton Beach, Florida, Ch.,-dstop~ CHAIRMAN, CODE ENFORCEMENT BOARD STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the County aforesaid to take acknowledgments, personally appeared Christooher DeLia0, Chairman of the Code Enforcement Board of the City of Boymon Beach, Florida, to me known to be the Demon described in and who executed the foregoing instrument and he acknowledge(: before me that he executed the same, Witness my hand and seal in the County and State last aforesaid this ].st: day of ,.Tuae ,2000. ATTEST: NOTARY PUBLIC My Commission Expires CITY OF BOYNTON BEACH, Petitioner, VS, CODE ENFORCEMENT BOARD CITY OF BOYNTON BEACH, FLORIDa. CASE NO. 00-407 ECKOLS 76 LTD. Respondent(s). ORDER IMPOSING PENALTIES/LIEN THIS CAUSE came before a public hearing before the Code Enforcement Board of the City of Boynton Beach, Florida on ~ after due notice to the Respondent(s), at which time the Board heard testimony under oath, received evidence, and issued its findings of fact and conclusions of law and thereupon issued its oral order which was reduced to writing and furnished to the Respondent(s). Said Order required the Respondent(s) to take certain corrective action by the time certain, as more specifically set forth in that Order with a compliance date of June 16, 2000. Under oath, the Code Inspector testified to the Board that the required corrective action was not taken as ordered. Th~s case did not comply to date. Accordingly, it having been brought to the Board's attention that the Respondent(s) did not comply with the Order dated 06/01/00, it is hereby ORDERED that Respondent(s) pay to the City of Boynton Beach, Florida, a fine in the amount of Twenty Five f$25.00) a day plus administrative costs for the violation(s) that exists at 1102 N Federal Hiqhway, Boynton Beach, Florida. more fully described as: LAKE ADDITION TO BOYNTON BEACH LT 20 & 22.7'8 FT OF LT 21 (LESS SR P-4W) BLK 2 according to the plat thereof as recorded in ORB 10163 PAGE 0685. of the Public Recor0s of Palm Beach County, Florida. PCN: 08-43-45-21-32.002.0201 From June 19, 2000, which was the date previously set by the Board's order for compliance until the date of compliance. This Order can be recorded and shall constitute a lien against the above described property pursuant to Chapter 162 of the Florida Statutes. Ordered this ~..~" day of Palm Beach County, Flodda. ,2000, at Boynton Beach, Christopher Liso, CHAIRMAN CODE ENFORCEMENT BOARD CITY OF BOYNTON BEACH ATTEST: City'Clerk c: File AFFIDAVIT OF BOYNTON BEACH POLICE DEP~RTMENT CODE COMPLIANCE DIVISION P.O. BOX 310 BOYNTON BEACH, FL 33425-0315 CITY OF BOYNTON Bm~.~H, Peziz!oner VS NON COMPLIANCE DATE: PHONE~ 56i) 742-6120 RE: 1102 N FEDERAL CASE~ 0-407 ECKOL$ 76 LTD. ECKOLS 86 LTD 2400 NW BOCA R~TON BLVD BOCA RJ~TON, FL 3343166389 I, ( _ . have had uhe v~.~la=mon, as described in the AJoove-referenced Code Compliance Case, personally ~nspec~ued or researched and find sald vicia~ion, IS NOT in compliance w~h =he Code of the City of Boy~.~on Beach as of 6/19/00. Affian= ~'~ ' STATE OF FLORIDA COUNTY OF PALM BEACH. ss: Personally appeared before me, =he undersigned au=hori=y $co~ Blasie. Code Compliance Adminis=ra~or and acknowledged ~ha= he did execu=e =he forecolng affidavit. - Sworn uo and subscribed before as Uhis 20thday of June 2000. NoUary Public, S=aue of Florida My Commission expires: Filed ~his 20th day of June 2000. Requested City Commission Meeting Dates [] March 19. 2002 [] AprS1 2. 2002 [] April 16, 2002 [] May 7. 2002 XIII-UNFINISHED BUSINESS Z'I'EM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOIx ,. Date Final Form Must be Turned in to City Clerk's Office March 6.2002 (5:00 r~.m ~ March 20. 2002 (5:00 p.m. i 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 l-'l New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approval of salary and benefit modification to City Manager's employment agreement EXPLANATION: The City Commission conducted a performance evaluation at the City Commission meeting of May 21st and authorize the City Attorney to prepare an amendment to the employment agreement with the City Commission to: Adjust the annual salary of the City Manager to $ 118,000. This is based on performance and comparative salaries and benefits paid to other City Managers in the region. Adjust the City's Contribution to a deferred compensation program to the lesser of 10% of salary or $11,500. This is based on new IRS roles allowing for increased contributions to the ICMAYRC deferred compensation program. PROGRAM IMPACT: None. The current agreement provides for annual performance reviews and compensation changes. FISCAL IMPACT: Funds are budgeted for this expense. ALTERNATIVES: Department Head's Signature Department Name Do not grant any changes in salary or benefits to the Cit Manager at this time. /~ e Resources S:\BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC Proposed Amendments to Employment Agreement 2.0 Salary 2.1 City agrees to pay City Manager for his services an annual salary of ON4~ HUNDRED EIGHTEEN THOUSAND ($118,000) DOLLARS payable in equal periodic installments, paid at the same time that other managerial employees of the City are paid. 10.0 Vacation, Sick Leave, Disability, Dental, Health, Life Insurance, Retirement, Memberships and Professional/Educational Development 10.4 City and City Manager agree to execute all necessary agreements provided by the International City/County Management Association - Retirement Corporation (ICMA-RC) for the City Manager's participation in said ICMA-RC retirement plan, and in addition to the base salary paid by the City to the City Manager, City agrees to pay an amount equal to 10% percent of the City Manager's salary, or ~, ...... $11,500, annually, whichever is less, into. the ICMA-RC on City Manager's behalf, in equal amounts each pay period and to transfer ownership to succeeding City or the City Manager upon the City Manager's resignation or discharge.