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Agenda 01-02-01City of 100 E. Boynton Beach Boulevard (561) 742-6000 City Commission AGENDA JANUARY 2, 2001 Gerald Broening Mayor At Large Ronald Weiland Vice Mayor District I Bruce Black Commissioner District II Mike Ferguson Commissioner [District III Charlie Fisher Commissioner District IV Kurt Bressner City Manager iTRIC~ IV DISTRICT I! DISTRICT Visit our Web site www.ci.boynton-beach,fl.us WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLI'C PARTZCZPATZON AT CZTY OF BOYNTON BEACH COMMt'SSZON MEETZNGS THE AGENDA: There ~s 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 "dpon 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 Ttems: These are items, which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKZNG AT COMMZSSZON MEETZNGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings, and as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the iurisdiction of the Commission. Please use the yellow colored card for matters not liste¢ 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. ADDRESSZNG THE COMM:ISS:ION: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making ~mpertinent 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 MeeUng 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 Scfiedule - some meetings have been moved due to Holidays/Election Day). January 2, 2001 Cl~: OF BOSTON BEACH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. I RECE~ION ON 3ANU~Y IO~ 2001 AT 6:00 P,M. FOR coMMuNITY' RED~ELOp~EN? AGEN~ BOARD- L OPENINGS: Call to Order - Mayor Gerald Broening Invocation Pledge of Allegiance to the Flag led by Commissioner Bruce Black D. IF YOU WISH TO ADDRESS THE COMMISSION: · i FILL OUT THE APPROPRIATE REQUEST FORM · GIVE Tr TO THE CTrY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED. · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption izg PUBLIC AUDIENCE: IND13/[DUAL SPEAKERS WILL BE I.~MITED TO 3-MINUTE PRESENTATIONS ADMINISTRATIVE'. A. Accept resignation Of Alice Warren, Regular member of the Ubrary Board B. Appointments to be made: Al~pointment Td Be Made Fisher Black Board Advisory Bd. On Children & Youth Alt Bldg. Board of Adjustment & Appeals ~lt Length of Term Expiration Date 1 yr term to 4/01 Tabled (2) 1 yr term to 4/01 Tabled (3) City of Boynton Beach Agenda Regular City Commission lanuary 2, 2001 Mayor Broen ng Employees' Pension Board Reg 3 yr term to 4/01 Tabled (3) [ Weiland : Ubrary Board Reg 3 yr term to 4/02 Tabled (2) Mayor 8roening Nuisance Abatement Board Reg I Weiland Nuisance Abatement Board Alt 2 yr term to 4/02 Tabled (3) 1 yr term to 4/01 Tabled (3) III Ferguson Planning & Development Board 1~. ANNOUNCEMENTS & PRESENTATIONS: Alt ~. yr term to 4/01 Tabled (2) A. Announcements: None B. Presentations: 1. Proclamations: a. Martin Luther King, Jr. Birthday Celebration 2. Orientation PowerPoint Presentation by Human Resources Department - Arthur Lee, Director VI CONSENT AGENDA: MAtters in this section of the Agenda are proposed and recommended by the City Manager for "qonsent Agenda" approval of the action indicated in each item, with all of the accompanying m~tedal to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference of December 14, 2000 B= Bids - Recommend Approval - All expenditures are approved in the 2000-2001 Adopted Budget Approve the SURPLUS VEHICLE/EQUIPMENT LIST as submitted by staff to be auctioned and generate revenues to the Fleet Maintenance Fund (Bid 032-1411-01/KR) Approve the purchase of a Groundsmaster 325-D 2WD/#30788 with options (Florida State Contract #515-630-00-1), and a Toro Sand Pro 3020 Model #08885 with options (GSA Contract #GS-07F*9956H) from Hector Turf, Inc. in the total amount of $24,519.39. 2 City of Boynton Beach Agenda Regular City Commission 3anuary 2, 200! 3. App~0ve extension of the annual bid for custodial services for city facilities, #033-2511-01/KR to Golden Mark Maintenance of Hollywood, Florida, for an estimated annual expenditure of $57,390. Resolutions: Proposed Resolution No. Re: Approving contract with Lloyd's Plaza for non-conforming landscaping and signage pilot program for the payment of an "actual cost" for a contract line item, providing the additional expenses above the "estimated cost" do not exceed $1,500. Proposed Resolution No. Re: Approving agreement between the Town of Highland Beach and City to allow Highland Beach Police Department to utilize the City's firearm training facility (pistol range) for training and qualification of police officers. Proposed Resolution No. Re: Approving reimbursement of escrow funds back to the developer of Manatee Bay, Olen Residential Realty Corp., in the amount of $20,228.75 for the re-establishment of the historic natural area on the site. Ratification of Planning & Development Board .Action: Lot 37 Block 3 (Lake Addition to Boynton) - Request for relief from Chapter 2, Zoning, Section 11.1.C.1. to allow construction of a single- family home on a non-conforming lot in R-I-A Zoning District Boynton Terrace Apts. - Modified request for relief from City of boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11 Supplemental regulations H.16.a.(2)., requiring a minimum parking space ratio of 2 spaces per unit, to allow a reduction of 84 spaces or a 1 space per unit vadance Approve Change Proposal #15 of the Ocean Avenue Promenade project to include lighting, curbing and brick pavers at the NW and SW corners of Ocean Avenue and 1~t Street for an additional cost of $15,850.25. Approve the donation of federal forfeiture funds in the amount of $5,000 to Lake Worth Community High School Criminal Justice Academy. Approve additional funds in the amount of $1,375.19 to the non-conforming landscaping and signage pilot program contract with Doug Besecker, Easy Pay Tire (Goodyear Tire). .Approve change proposal #11 for the Ocean Avenue Promenade project and to authorize the payment of $14,650 toward that change proposal in settlement of a threat of legal action brought by Mr. Tom Walsh, 211 East Ocean Avenue. City of Boynton Beach Agenda Regular City Commission .lanuary 2, 200l I. Approve the "issuance of a purchase order and payment to Camp Dresser & McKee, Inc., in the amount of $24,500 to prepare a report responding to the proposed modifications to the overall flood elevations within the City of Boynton Beach. (Utilities Account 401-2821-536-31-90) VZ; CZI'Y MANAGER'S REPORT: i None VZ~[. PUBLTC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMZTS ' None VIII. FUTURE AGENDA ]'rEMS: / A. Proposed agreement between City and Quantum Community Development District for reimbursement of maintenance expenses. (January 16, 2001) B. Sausalito Place Agreement (.lanuary 16, 2001) C. Christa McAuliffe Community Middle School Blue Ribbon Celebration Week Proclamation (January 16, 2001) D. Parking Space Code Amendment (.lanuary 16, 2001) E. Orbit Night Club (January 16, 2001) F. Future Annexation Areas (February 6, 2001) G. G[S Presentation on February 12, 2001, with CRA, and Chamber of Commerce H. "Name Pond B" Contest Outdoor Dining Ordinance (zoning text) DEVELOPMENT PLANS: None X. NEW BUSTNESS: LEGAL: A. Ordinances - 2"d Reading - PUBI TC HEARING 4 City of Boynton Beach Agenda Regular City Commission 3anuary 2, 2001 Proposed Ordinance No. 000-74 Re: Amending Chapter 18, Article 11, Division 5, of the Code of Ordinances to amend the investment policy of the General Employees' Pension Plan, specifically amending Section 18-145, entitled "Investment of Funds" by ratifying and adopting the terms of the investment policy approved by the General Employees' Pension Board Proposed Ordinance No. 000-75 Re: Amending Chapter 18, Article II of the Code of Ordinances to provide enhanced retirement benefits to the members of the General Employees' Retirement Plan Proposed Ordinance No. 000-76 Re: Approving the abandonment of a 30' roadway right-of-way for BJs Wholesale Club Proposed Ordinance No. 000-77 Re: Amending Chapter I, Article II, of Land Development Regulations of the City of Boynton Beach, entitled "Definitions'; regarding the definition of a billboard Proposed Ordinance No. 000-78 Re: Amending Chapter 21, of the Land Development Regulations of the City of Boynton Beach entitled "Signs'; to provide for clarification Ordinances - l~Reading Proposed Ordinance No. O01-O1 Re: Amending Policy 1.9.5 and Policy 1.16.! of the Future Land Use Element of the Comprehensive Plan to allow for consistency with and further goals and objectives of both the adopted comprehensive plan and the Vision 20/20 Master Plan Proposed Ordinance No, O01-02' Re: Amendment of Comp Plan Future Land Use Map to rezone from PCD to PUD for Wood Partners Proposed Ordinance No. 001-03 Re: Amendment of Comp Plan Future Land Use Map from Local Retail Commercial (IRC) to High Density Residential (HDR) for Wood Partners Proposed Ordinance No. O01-04 Re: Approval of Planned Commerdal Development (PCD) master plan for B3's Wholesale Club Proposed Ordinance No. O01-05 Re: Approval of major master plan modification/rezoning to allow for the construction of an additional 3,000 square foot retail building for Boynton Shoppes PCD Proposed Ordinance No. OO1-O6 Re; Approval of abandonment of 20 foot utility easement between lots 60 and 61 in the Quantum Park PID for Grotto Bay @ Bermuda Place City of Boynton Beach Agenda Regular City Commission 3anuary 2, 2001 Proposed Ordinance No. 001-07 Re: Approval of Code Compliance Board lien reduction procedure 8.-,, Proposed Ordinance No. 001-08 Re Organizational Chart C, Resolutions: None D. Other: None Approval of Proposed UNFZNZSHED BUSZNESS: None OTHER: A. Informational Items by Members of the City Commission X~ve AD.1OURNMENT: NO'TZCE IF ~ PERSON DEC[DES TO APPEAL ANY DECISION MADE BY THE C~ COMMISSION W]'R't RESPECT TO ANY MA3TER CONSIDERED AT THIS ME~T~NG~ HE/SHE WILL NE~D A RECORD OF THE PROCEEDINGS ANDt FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VER~AT[Pl RE ;ORD OF THE PROCEEDENG I$ MADE~ WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F S. 286.0105) T~ .-* CITY SHALL FURN[SH APPROPRIATE AUX[UARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN [NDI¥[DUAL W~TH A D[SASILrI'Y AN EC; JAL OPPORTUNITY TO PART[C~PA~I~ [N AND EN3OY THE BENE~-~rs OF A 5ERV]C~t PROGRM4~ OR ACI'iVTrY CONDUCTED BY THE C1TY, PLEASE cc ~TACr JOYC~ COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAr4 OR AClT~IT~ iN OROER FOR THE CT ¥ TO REASONABLY ACC~ATE YOUR REQUESt. J:ISH RDATA\CC\WP\CCAGEN DA'~AGEN DAS\010201 .DOC 17./27/2000 3:26 PM JN 6 Requested City Commission Meeting Dates [] I~ovember 21, 2000 [] Decernber 5, 2000 [] December 19, 2000 [] January 2, 2001 III-ADMINISTR Ti¥ : ITEM A CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Fonu Must be Turned in to City Clerk's Office November 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) Requested City Commission Meeting Dates [] January 16, 2001 [] February 6, 2001 [] February 20, 2001 [] March 6, 2001 Date Final Form Must be Tumed in to City Clerk's Office Jalluary 3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) Febraary 21, 2001 (5:00 p.m.) NATURE OF AGE~DA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Bus/ness [] Announcement [] Presentation REC EXP PRO DMMENDATION: bANATION: gRAM IMPACT: Accept resignation from Alice Warren; Library Advisory Board. On December 18, 2000, Ms. Warren submitted her resignation from thc Library Advisory Board based on not being available to attend meetings because of work obHgations. FISC~L IMPACT: ALT[RNATIVES: D~p~i~l'ent Head's Signature City Manager's Signature Department Name City Attomey/ F/nance / Human Resources 1 SABULLETINWORMSkAGENDA ITEM REQUEST FORM.DOC 1719 Wood Fern Drive Bo~nton Beach, Florida 33436 (s63) 364-43~1) Office Of The Mayor City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 Dear Mayor Broening: It is with deep regret that I must resign my position as a member of the Library Advisory Board of Boynton Beach. Due to my part time work as librarian at the Hillel Day School of Boca Raton, I am no longer available at the time of the Advisory meetings. I have had a wonderful experience watching our library services grow and enhance with the dedication of my former board members. I wish them well and hope that the future will enable me to serve the City of Boynton Beach once again. Very truly yours, Alice Warren RECEIVED §FO 1 $ 2000 CiTY MANAGER'S OFF~C~ W_HEREAS, the significant contributions made by the late Dr. Martin Luther King, Jr. are recognized, nationwide-in that the third Monday of January has been established as a national holiday in commemoration ~ of Dr. King's birthday, January 15, 1929; and WHEREAS, Dr. King dedicated his life so that ail Americans may enjoy the freedoms guaranteed every citizen under the Declaration of Independence and the United States Constitution; and WHEREAS. Dr. Martin Luther King, Jr. Birthday Celebration Committee of Boynton Beach, which combines numerous community organizations and municipalities, is playing a major role in the coordination of observances of this day by offedng a variety of historical and culture programs through the City. NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim January 14. 2001 as: DR. MARTIN LUTHER KING, JR. DAY in the City of Boynton Beach. Florida, and call upon all citizens to rededicate themselves to advancing the cause of brotherhood and sisterhood among all people. 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, Flodda, this 2nd day of January, Two Thousand One. ATTEST: Gerald Broening, Mayor City of Boynton Beach City Clerk (Corporate Seal) \\ch~nain~sh~da[atcc~wo~ccagenda~proc~maaons~omc101 rna~n lutfler king.doc V-CONSENT AGENDA ITEM A. 1 MZNUTES OF THE AGENDA PREVIEW CONFERENCE HELD ZN CONFERENCE ROOM "B'~ CZTY HALL~ BOYNTON BEACH~ FLOR/DA ON THURSDAY, DECEMBER 14, 2000 AT 4:30 p.m. PRESENT G~ Re Br C~ Hi Ci' ac. hE V' qL al pL re, re~ or: Cc SU raid Broening, Mayor nald Weiland, Vice Mayor Jce Black, Commissioner arlie Fisher, Commissioner (e Ferguson, Commissioner Kur~ Bressner, City Manager ]ames Cherof, City Attorney Sue Kruse, City Clerk iLL TO ORDER y Manager Bressner called the meeting to order at 4:35 p.m. and began the review of the enda for the December 19~h City Commission meeting. He announced this meeting would be Id at Galaxy Elementary School and the new fire equipment will be on display. B INVOCATLON Commissioner Black volunteered to give the invocation, since no igious representatives were available. OPENINGS City Manager Bressner suggested that the principal of Galaxy Elementary 3ool, Ms. Kathy Harris, be introduced at this time. -B.3PRESENTAI'[ONS Mr. Bressner advised that a motion may be requested to support s Five Year Strategic Plan for the Black Awareness Celebrations in Boynton Beach, depending the results of the presentation. B.3 CONSENT AGENDA BIDS City Hanager Bressner stated there have been some astions on this fire apparatus and Fire Chief Bingham explained this is a quint which operates ank and has water, as well as operating as an engine. He clarified that it is a combination mper and aerial apparatus. Mr. Bressner referred to a donation from an estate being :eived for this purchase and Chief Bingham agreed that was correct and the family will be :ognized for their generosity. B.4 CONSENT AGENDA BzDS City Manager Bressner stated he does have some 3plemental information for this giving a diagram of the system architecture for the upgrading the network infrastructure. Commissioner Fisher asked if this has anything to do with .~rating the Novell network and Mr. Peter Wallace replied that it is the infrastructure. mmissioner Fisher asked if the Commission could receive copies of the bids which were )mitted with the backup. Mr. Wallace explained that the purchase is recommended through te contract, but explained how a discussion was held with two vendors. Commissioner Fisher uested a memo from him explaining this. HEE1/NG MI'NUTES AGENDA PREVTEW CONFERENCE BOYNTON BEACHf FLOR/DA DECEHBER 14. 2000 V-C.7 CONSENT AGENDA RESOLUTIONS City Manager Bressner told about still working on the maintenance reimbursement agreement as well as the park donation issue. If we are unable to reach an agreement, staff recommends paying three of the four quarters we have been invoiced for in good faith. If there is any adjustment, it will be done in the fourth quarter and the developer has agreed. They have incurred costs for the maintenance of the public rights-of-way. V-E. CONSENT AGENDA City Manager Bressner clarified that this is turning unpaid utility bills over to an agency for collection, He will get numbers to show the historical payback percentage rate. V-G CONSENT AGENDA City Manager Bressner advised this change order on the Ocean Avenue Promenade is going back to the original plan with more landsca ping. V-:[. CONSENT AGENDA City Manager Bressner stated this purchase of a SmartZone System Manager Terminal will allow us to program all radios in the city and is an improvement for our communications system for public safety. VZ]t.B PUBLZC HEAR/NG - Woolbright Place Mr. Bressner stated this is still to be researched. The transfer of density is being reviewed by the staff and developer. Also, there is the question of the impact on the court order. Further discussion ensued regarding the court order and density. Commissioner Ferguson asked if a legal opinion would be available before the meeting and Mr. Cherof replied affirmatively. Mr. Bressner then referred to the level of the berm and whether it would be feasible and Mayor Broening clarified that the rezoning was what was under consideration and not the site plan. Hr. Bressner again referred to the berm and concern expressed by neighbors and requested the developer's engineer be prepared with an explanation. Hr. Sugerman referred to having properly engineered drainage, as a berm is not a solution for a drainage problem. Vice Mayor Weiland asked for additional information before the site plan is presented and Mayor Broening assured him this would all be answered during site plan review. V/I! FUTURE AGENDA I'I'EI~IS Commissioner Black referred to changing the code compliance procedure and Mr. Bressner replied this may be done for .lanuary 2 and agreed to add this item. X~-Cl LEGAL - RESOLUT/ONS City Manager Bressner explained that the PBA contract has been finalized with a 12 hour shift schedule proposal. X:~-C2 LEGAL- RESOLUTZONS Mr. Bressner requested that an official transfer of authority for the Community Redevelopment Agency take place at the beginning of .lanuary with some type of reception. OTHER Vice Mayor Weiland expresseo concern about the operation of The Orbit Nightclub and Hr. Bressner requested this be held until the first meeting in .lanuary to allow staff to notify the owner of our concerns. Discussion ensued about compliance with the agreement with the 2 MEt i'ING M~rNUTES AGENDA PREVZEW CONFERENCE BOYNTON BEACH~ FLORZDA DECEMBER 14, 2000 owner and it was agreed to send written notification to the owner, Deputy Chief Immler told about their involvement with this business. It was decided to put this under Future Agenda Items with a response from the owner expected prior to the second meeting in .lanuary. Commissioner Ferguson stated he would like to have Mr. Gondolfo's property back on the agenda, Mr, Cherof told about having difficulty with the original agreement being changed and their representatives not being available to meet, City Manager Bressner told about us now being put in second place based on another offer being received for the property, Further cqmments were made about the progress of this purchase contract, Commissioner Ferguson clarified that the contract would come back to the City Commission when ready and Mayor B~oen~ng agreed this was correct, COmmissioner Black distributed brochures showing clocks for the city and suggested that this C~mmission donate a clock to the They discussed the location for this clock and the city. estimated cost, It!was noted the category of Informational Items by Members of the City Commission had been omitted and would be included on all agendas at the end. -I-~e meeting was then properly adjourned at 5:10 P.M. C~Y OF BOYNTON BEACH Hayor Vice Hayor Commissioner Commissioner Commissioner Al Il:SI': Ci :,~lerk Requested City Commission Meeting Dates - V-CONSENT AGENDA CITY OF BOYNTON BEACH Item B-1 AGENDA ITEM REQUEST FOR1 Date Final Form Must be Turned in to City Clerk's Office Requested City Comm/ssion Meetin~ Dates Date Final Form Must be Turned in to City Clerk's Office [] Nr~vcmber 21, 2000 [] D~ cember 5, 2000 [] D~ cember 19, 2000 [] Ja tuary 2, 2001 NATI RE OF AGE1~ DA ITEM November 9, 2000 (5i00 p.m.) November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) [] January 16,2001 [] February 6, 2001 [] February 20, 2001 [] March 6, 2001 January 3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) Febraary 21, 2001 (5:00 p.m.) [] Administxative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECC MMENDATION: Motion to approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as sUbmitted by Staff and allow for the sale of same (Bid #032-1411-01/KR). EXPLANATION: Procurement Services has reviewed the "SURPLUS VEI-IICLE/EQUIPMENT LIST" as submitted by PUI~Hc Works/Fleet Maintenance Division (Memo #00-201 is attached). Utilizing the disposal process used by the City o~ Boynton Beach for surplus vehicles will allow the vehicles/equipment to be auctioned and generate revenues to the Flegt Maintenance Fund. Procurement Services requests Commission's review, evaluation, and approval to sell the surplus property. PROG~M~I IMPACT: The disposal of surplus vehicles/equipment will provide for maintaining inventory control and allow for receipt of revenues through a process monitored by Procurement Services. FISCAL IMPACT: The revenues generated from the sale of surplus vehicles/equipment will be placed in the Fleet Maint, ,nance Fund in the following account: Revenue Account No. Account Description 501-0000-365-01.00 Sale of Surplus Equipment ALTE INATIVES: Maintain the vehicles/equipment in inventories with high maintenance costs which could concei' 'ably impact operations due to down time for repairs. . 7,n I Deput-j Director of Financial Services C-ity Manager's Signature Procurement Services DepartmentName cc:/IJeffrey Livergood, Public Works Director iBob Lee, Fleet Administration City Attomey/ Finance / Human Resources TO: VIA: FROM: DATE: SUBJECT: PUBLIC WORKS DEPARTMENT MEMORANDUM #00-201 Bill Atkins, Deputy Finance Director P~CHAS1NG Jeffrey Livergood, Public Works Director ~Q~-- Robert H. Lee, Fleet Administrator December 15, 2000 Excess Fleet Vehicles and Equipment BEC 18 ~ plJ RC.I-t A$1NG BE. Pl. The following vehicles and equipment have been replaced; please make the necessary arrangements for the vehicles to be auctioned, as we are very limited on space here at Public Works. Refuse Loadin~ & Hauling Eouioment: Unit #0068 (VIN#1FDXK74C2PVA40112) 1993 FORD F7000 Trash Loader/Dump Unit #0069 (VIN#1FDXK74C2PVA40113) 1993 FORD F7600 Trash Loader/Dump Unit #0077 (VIN#1M2K144CgKM002161) 1989 MACK MR6900S Roll-Off/Loader Roll-Off Unit that mounts on the hoist system of Unit #0077: Unit #8027 (V1N#None) 1993 PETERSON TL-3 Roll-Off Box/Loader Fire Pumper, no longer used - Commission approved for replacement in 2001: Unit #0820 (VIN#1FDYDSOUgCVA31100) 1982 FORD 8000 Combat Pumper Excess cars, light trucks, and eqmpment: Unit #0132 (VIN#1GTDC14ZOLZ552704) 1990 CHEVROLET 4-Door Sedan Unit #0168 (VIN#1FTHF25H3KNA27484) 1989 FORD ~/4 Ton Pickup Unit #8023 (VIN#5927) 1980 John Deere 850 Tractor Unit #8074 (VIN#515630891 ) 1989 YAZOO Trailer Lawn Maintenance Please contact me if you need any additional information. PL/RHL/pl Requested City Corraniss?n Meetin~ Dates V-CONSENT AGENDA ITEM 8-2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office Requested City Comn-dssion Date Final Form Must be Turned Meeting Dates in to City Cl~rk's Office [] NoVember 21, 2000 November9,2000 (5:00p.m.) [] January l6, 2001 January 3, 2001 (5:00 p.m.) [] De~ember 5, 2000 [] Degember 19, 2000 [] Janiary 2, 2001 November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) [] February 6, 2001 [] February 20, 2001 [] March 6,2001 Januaxy 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21, 2001 (5:00 p.m.) NATE RE OF AGE5 DA ITEM [] Admlnisllative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation REC(] MMENDATION: MOTION to approve the PURCHASE OF A GROUNDSMASTER 325-D 2WD/#30788 VOTHIOPTIONS (FLORIDA STATE CONTRACT #515-630-00-1), anda TORO SAND PRO 3020 MODEL #08885 WITH!OPTIONS (GSA CONTRACT #GS-07F-9956H) from HECTOR TURF INC. in the total amount Of $24,519.39. EXPLANATION: Procurement Services Division received a request from Public Works/Fleet Maintenance Division to purchase from Hector Turf Inc. a GroundsMaster 325-D in the amount of $13,863.00 utilizing State Contract, and a Toro Sand Pro 3020 Model g08885 in the amount of $10,656.39 utilLzing the General Services Administration (GSA) Contract. The Toro Sand Pro is a replacement for equipment #8531. Procurement Services Division requests Commission's review, evaluation and approval. PROGRAM IMPACT: This equipment will be used to assist Leisure Services/Parks Division in parks maintenance. FISCJ~L IMPACT: Funds have been allocated for these purchases in the FY2000/2001 budget as follows: i Account Descriotion Account Number Budget ~ Vehicles 501-2516-519-64-30 $18,000.00 I Replacement of Vehicles 501-2516-519-64-31 12.500.00 i Total Allocated $ 30,500.00 ALTERNATIVE: Continue to use existing equipment with high maintenance costs w}dch impacts the operations of timely '"~"~'~ D~ep~-ty Director of Financial Services City Manager' s Signature Procurement Services Department Name cc: Je: frey Livergood R~ ,bert Lee File S:kBULLETIN~ORMSkAOENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources PUBLIC WORKS DEPARTMENT MEMORANDUM gOO- 199 TO: VIA: FROM: DATE: SUBJECT: Bill Atkins, Deputy Finance Director PURCHASING Jeffrey Livergood, Public Works Director ~,~' Robert H. Lee, Fleet Administrator December 7, 2000 Equipment Purchase Summarized below is a departmental request for the Parks Division for equipment. I've outlined funding along with other notations on their purchases from HECTOR TURF, INC. New Equipment (Account g501~2516-519-64-30~ 1 - GroundsMaster 325-D 2WD/g30788 w/options Florida State Contract g515-630-00-1 Budgeted: $18,000 Actual Cost: $13,863 Replacement Equipment for g 8531 (Account g501-2516-519-64-31) 1 - Toro Sand Pro 3020 Model #08885 w/options GSA Contract gGS-07F-9956H Budgeted: $12,500 Actual Cost: $10,656.39 Please contact me if you need any additional information as I would like to try to make the agenda for the January 2nd Commission Meeting. PL/RHL/pl Lawn Equipment 515-630-00-1 Effective: 01/26/00 through 01/25/02 Certification Special Conditions. Specifications Price Sheet Ordering Instructions Complete Contract Contractors: Ariens Company Ariens Company-Gravely Bret-tel Equipment Corporation Dixie Chopver/Magic Circle Corporation http://www.dixiechopper.com Excel Industries http://www.excelhustler, eom Florida Outdoor Equipment http://www.floridaoutdoor, eom Golf Ventures, Inc. ventum.com Husqvarna Forest & Garden http://www.husqvam~com John Deem Co. Kut-Kwick Corp. Live Oak Lawn Supply http://www.liveoaldawnsu~ply.com MTD Products Mulvane_v's: Inc. Robinson Equipment Co. Sarlo Power Mowers http://www, sarlomower.com Snapper, Inc. http://www, snapperinc.com Southeast Equipment Distributing Steiner Turf Equipment http://www.steinerturf, com Tmsca Industrie~ Wesco Turf Supply, Inc. http://www.axiens.com http://www.ariens.com http://www, golf- http://www.deem.com http://www.kotwick.com http://www.tresca.com ORDEPJNG rNSTRUCTIONS NOTE: Wesco Turf Supply, Inc. ORDERING INSTRUCTIONS ALL_ORDERS SHOULD BE DIRECTED TO: SPURS VENDOR NUMBER: F522120964-001 VENDOR: WESCO TURF SUPPLY. INC. (Al STREET ADDRESS OR P.O. BOX: 300 TECHNOLOGY PARK CITY, STATE, ZIP: LAKE MARY, FL 32746 TELEPHONE: 407-333-3600 TOLL FREE NO.: 800-393-3366 ORDERING FAX NO.: 407-3339246 REMIT ADDRESS: P. O. BOX 862087 CITY, STATE, ZIP: ORLANDO. FL 32886-2087 WILL ACCEPT TI-IE VISA CARD PRODUCT INFORMATION: DIRECT INQUIRY TO: NAME AND TITLE: BRAD REANO. SALES MANAGER ADDRESS: 300 TECHNOLOGY PARK CITY, STATE, ZIP: LAKE MARY, FL 32746 TELEPHONE: 40%333-360(] EXT 118 TOLL FREE NO.:800-393-3366 URL HOME PAGE ADDRESS:~ ELECTRONIC MAIL ADDRESS: brad.reano~wtsupply.com WESCO TURF SUPPLY SERVICE CENTERS http://sun6.dms, state, fl.us/st_contracts/515630001/order20.hma 12/20/2000 ORDEILING INSTRUCTIONS Wesco Turf. Inc. 2101 Cantu Court Sarasota, FL 34232-6242 941-377-6777 Jerry Pate Turf & Lr~igatiou Wesco Turf Supply, Inc. 300 Technology Park Lake Mary, FL 32746 407-333-3600 Kelly's Garden Center 1301 N.W. 3rd Street Deerfield Beach, FL 33442J ~54-429-3200 _ Gavm's Ace Hardware 100 E. Roberts Road PenSacola, FL 32534 850}968-073 I Staffords Outdoor Power Equip 151~ Harrison Avenue Pan~na City, FL 32405 850~769-4010 Joe ~lak Garden Supply 219 S. Dixie Hwy. Lake Worth, FL 33460 561-585-1719 Boca Raton Small Engine 104 NW 20th Stxee! Boca Raton, FL 33431 561-394-6995 Al's Lawnmower Sales & Serv. 16025 San Carlos Blvd. Ft. Myers, FL 33908 941-466-7777 Bud's Garden Supply 2731 W. Broward Blvd. Ft. Lauderdale, FL 33312 954-987-0369 Degan's Lawnmower & Engine 32( NE 79th Street Mi~ mi, FL 33128 Wi] ~wood Mower & Saw Inc. 10{ East Hwy 44 Wi] flwood, FL 34785 352!748~2305 Action Mowers 610~ Duncan Road #1-2 Purina Gorda, FL 33982 941!637-0030 Bonita Rent-all & Sales Co. PO Box 1210 Bonita Springs, FL 34133 94t~992-1210 Cap~ Scooter & Mower Center 820icape Corm Pkwy E Cap~ Coral, FL 33904 18131 SW 98 Avenue Miami, FL 33157 Mr. Ed's Equipment, Inc. 1298 SW Bayshore Blvd Port St. Lucie, FL 34984 561-343-9200 Benders Lawn & Power Equip. 7300 58th Street North Pinellas Park, FL 33566 813-544-3874 Brandon Mower Inc. 146 Central Drive Brandon, FL 335 I0 813-544-3874 Capri Lawn & Garden Equipment 11281 E. Tamiami Trail Naples, FL 34113 3912 S. State Road 7 Mirimar, FL 33023 Choice Mowers Sales & Service 789 Tamiami Trial Pt Charlotte, FL 33953 941-255-5521 Bill's Chain Saw & Mowers 5910 Providence Road Riverview, FL 33569 813-685-7033 Brauns Lawn Sexvice, Inc. 17504 Hwy 41 North Lutz, FL 33549 813-949--4817 Citrus Equipment Repair 6659 W. No~vell Bryant Hwy. Crystal River, FL 34429 http://s~n6.dms.state.fl.us/st_contracts/515630001/order20.hmx 12/20/2000 81/t7/1594 15:58 5&13756211 N,W. THIRO STREET/I3EERFtELD BEACH, FL 33442 TEl.: (954) 429-3200 · FAX: (954) 360-7657 01 Quotation Provided for CITY OF BOYNTON BEACH November 29, 2000 Qty Model# Description Unit Price 1 ea 30788 Toro G~ouudsmaster 325-D ~ $15,986.00 ! ea 30716 Toro 72" Recycler Deck 4,493.00 ! ea 30772 Toro Dcluxe Seat $21.00 I oa 30709 Toro Se, at Ad, ap~' 86.00- Iea 24-5780 Tom Weight Kit 241.72 Subtotal $21,327.72 $ Florida State Contra,ct Discount Total $1~,863=_a2 Pricing per Florida State Contract.~l~630-O0-1 Provided by: Chris Fo~.d~,ey (9~4) 429 3200 15:58 5613~562t! PW GTY BOYNTON BGH PAGE 83 3079~ 30~!0 30716 30743 3~ 3~57 M9~O C. vmmdm~j~r 325-D 2WD O~m~r 32~.D 4WD w/ 1,$19 $ 1,48~ S 1~01 $ 50O S 608 ~0 $ S S 30757 2O5 $ 185 $ 54 $ ~ $ 10~91.00 12,429.00 30707 Aren, t ~A~.p~ ~ ~~ (~10) ~717 ~i~A~h ~t 62-7020 4 Ply ~ 69-9870 6 ~ Wi~ F~Fa~ 10~ ~Tb 2,470.00 2.563_00 2,920.0Q 3,046.00 427.00 707.00 ~45,00 .1,756.00 232.00 2,493,00 214.00 339.00 77.00 $ 193.00 ' $ 223.~0 $ 63.00 32 $ 125.00 33 S 134.00 s 4zoo s s ~4.oo S ~.00 $ $ 143,00 $ 120.00 $ 116,00 93-$974 66-1250 92-9075 B $ 76.04 I 1 $ 2~.00 20 S ~9-00 S 339_00 $ 97.00 $ 97.00 · GENERAL SERVICES ADMINlSTR~ON FEDERAL SUPPLY SCI-IEDULE GS-07F-9956H GSA PRODUCT PRICE BOOK Modification# AS I 0 CONTRACT EFFECTIVE DATE --- MARCH 01, 1996 THRU FEBRUARY 28, 2001 8~*NO Zi~DMBZ~. 251-05 08884 251-05 08885 251-05 08886 251-09 08814 251-09 08812 251-09 08813 251-09 08815 251-09 08821 2!51-09 08859 2!81-09 08857 251-09 08856 · 281-09 08858 251-09 08859 251-09 08867 2S2-09 30797 251-09 44900 251-09 44901 251-09 98-5849 251-09 16-1289 252-09 28-7570 251-09 2]-2750 25!-09 95-7880 251-09 98-8065 251-09 92-2330 251-09. 92-7162. 251-05 92-7171 251-09 95-7861 EFFECTZF~ M,~CH Z, 1956 TJ~U I~ROJL~ 28, 2001. CO~Z'~&C~ ~EH: GS-071r.9988K Dgsr~_!?TZO; Sanc~ro 2050 lgb~ (v/BaCCez~r) -S~nd Pro 5020 18h~ (w/BaCCe~q~) (08814 SAND ~00PTZONA,~ Dozer Bla~ 8%0#. W~) ' 3~ ~rO Blower ~ ~ . 2020, Sa-~ ~ 240 (~o= 08882,08883) ~cer ~c ~= ~ ~1~ 240 (Sp Sooo) Bla~ 60" W~d~ ~C8 ~ 08820 Or 08821) Decal ~= (Inf!eZd P~ 2020) Decal KiC (Infleld Pro 5020) Or&w ~r Ei~ (For 08881, 08082, 08883) Scarifie= ~r ~ Wee~r/~i~=o= 08815 $eac ~pti~ 91ate (Fo=~l 30797) Deca~ ~ (Z~ield P~O 3020) GSA 6,323.62 7,784.70 9,033.25 %13.49 S80.98~*' 311.85 492.03 ~52.76 1,726.72 2,007.39 265.65 265.65 1,288.81 433.12 601.78 86.62 180.84 4.33 1~2.~7 12.6~ 13.06 85.95 25.28 23.48 GIG'OTBD FOB DEST~NAT20N WZ~HZN THE 4.8 CON~ZC~CTOU~ STAT~S, WASH~NGTOjDC, PORT OF E~T~ON F0~ OV~P~ ~1~ PA~E I RequesTed City Commis~jma Meeting Dates [] November21 2000 [] December 5. 2000 [] December 19, 2000 [] January 2~ 2001 V-CONSENT AGENDA ITEH B-3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office November 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) Requested City Commission Meet~n~ Dates [] January 16, 2001 [] February 6, 2001 [] February 20, 2001 [] March 6, 2001 Date Final Form Must be Turned in to City Clerk's Office January 3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21, 2001 (5:00 p.m.) NATIXgE OF AGENDA ITEM [] Administtative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation RECOMMENDATION: A motion to extend the "ANNUAL BID FOR CUSTODIAL SERVICES FOR CITY FACILITIES", #033-2511-01/KR, to GOLDEN MARK MAINTENANCE of Hollywood, Florida for an estimated annual expenditure of $ 57~390.00. CONTRACT RENEWAL PERIOD: MARCH 8, 2001 TO SEPTEMBER 30, 2001 EXPLANATION: At the Commission meeting of March 7, 2000, this bid was awarded to Golden Mark Maintenance for a ~ne (1) year period. This vendor has provided us with satisfactory service throughout their contract period. The bio will expire on March 7, 2001; but according to the Terms and Conditions of the bid, we have the option to renew ~his bid and extend the prices, provided both parties agree (see attached letter from Golden Mark). Richard Fiege, Maintenance Supervisor, concurs with this request (see attached Memo #00-202). PROGRAM IMPACT: The intent of this bid is to obtain firm pricing to provide contractual custodial services for the City o~ Boynton Beach's facilities. FISCAL IMPACT: BUDGET ACCOUNT OTHER CONTRACTUAL SERVICES 001-2511-519-34.10 401-2821-53649.17 ~.NATIVES: D~nty Director of Financial Services Procurement Services Department Name S:kBULL~TIN~ORMSXAGENDA ITEM REQUEST FORM.DOC ESTIMATED EXPENDITURE $ 52,390.02 $ 4,999.98 CSt~-a~ger's Signature City Attorney / Finance / Human Resomces PUBLIC WORKS DEPARTMENT MEMORANDUM #00-202 TO: VIA: FROM: DATE: SUBJECT: Bill Atkins, Deputy Finance Director pUrRCHASING Jeffrey Livergood, Public Works Director~¢ Richard Fiege, Maintenance Supervisor Facilities Management December 19, 2000 Custodial Services Bid Bid #012-2511-00/SP Please extend Golden Mark's contract from March 2001through September 30, 2001. Below are the account numbers and estimated expenses. 001-2511-519-34.10 - $8,731.67/mo. ~ 6 months = $52,390.02 401-2821-536-49.17 - $833.33/mo. ~ 6 months = $~i,999.98 Please contact me if you need any additional information in order to prepare this for the January 2nd Agenda. PL/RF/pl Copy: 1ohn Guidry, Utilities RECEIVED DEC 202~0 GOLDEN NARK MAINT PAGE 83 NAME OF BID: "ANNUAL BID FOR CUSTODIAL BID#: 012-2S11-00/SP Agreement between the CiW of BoTaton Beach, Owner; and GOLDEN MARK MAINTENANCF, (Company's Name) Contract Renewal Period: SERVICES FOR CITY MARCH 8. 2001 TO SEPTEMBER 30. 2001 Yes, I agree to renew the existing contract under the same Tenns and Conditions, and agree to submit a Certificate of Insurance along with this agreement and will name the City of Boynton Beach as additional insured. __ No, I do not wish to renew the contract ax this time. co n,A c ' ' NAME OF REPKESBNTATI-V'E (please print) ~----'~DY-') T~L~PHO~N-E 1N-LE~BER i2/i5/28~0 li:a~ 95492s4336 GOLDEN MARE ~IAINT PAGE 02 The City of Boynton Beach December 12, 2000 GOLDEN MARK MAINTENANCE 1323 SOUTH 30tH AVENUE HOLLYWOOD, FL 33020 ATTN: RICHARD A. COSBY "ANNUAL BID FOR CUSTODIAL SERVICES FOR CITY FACILITIES" BID #; 012-2511-00/SP CONTRA, CT PERIOD: MARCH 8, 2000 TO MARCH 7, 2001 Dear Repr~sent~tivo: Tae above mentioned contract will expire on March 7, 2001. The new Director of Pubtic Works for the City of Boynton Beach is E the process of reviewing custodial procedures and has requested we renew the existing contract, under the same terms and conditions, for a seven month period. We appreciate your quality service, therefore, if you agree, the contract will be renewed for an additional sev~n month Contract period: MARCH 8. 2001 TO SEPTEMBER 30. 2001 Please indicate your respome on flae follow[ag page and return it ~o Procurement Services at your earliest convenience. We look forward to worktag with you during the extended contract period. If you should have any questions, please feel free to call my office at (561) 742-6322. Sincerely, Bill Atkins, Deputy Director of Financial Services Enclosure cc: ?'eff~ey Livergood, Pablic Works D~'ectox Richard Fiege, Mai~ce SupPer C~ F~ File December 20, !999 To: Bill DeB~k Facilki~ Manag~ From: Dick Co~by Subje~: OmodialSer~.l, reins Bill, per our conversation this morning, the prk~ ~r ee utility operations ~osted out, however, h;~mdvetteafly it was omitted ~om the price sc.~ed~c. We are willing to abaorb ~e co~ ofmaimaia~ the utility op~a~iom ~*,~1~itionai cost according to lhe q~ecfficationz in your RrB/~012-251 I bciicvc when you check our zefercnces you will find that we pcrform in a capable I would like to meet with you l~rsonally ia the neat furore to discuss our p~oposaL Merry Christmas ami Happy New Year! P~OPOS;~L continued ...... CUSTODIAL SERVICES FOR cTrY FACILITIES SERVICE LOCATION ANNUAL ~I~RVICE LOCATION ANNUAL COST COST 1.) CITY HALL .... 20.) MAUSOLEUM CHAPEL ~ 14,424.00 2,652.00 2.) CHAMBERS 21.) BOAT CLUB PARK 3,360.00 4,704.00 30 POLICE STATION 22.) ~n:l_l. HESTIiR PARK !13,176.00 20,240.00 4.) PARKING GARAGE 23.) OCEANFRONT PARK 8,760.00 4,704.00 5.) FIRE STATION #1 24.) SENIOR CEN'rI~t 7,080.00 3,360.00 6.) EASTWING 2f) WILSONC~Nt-~---, 10,020.00 5,160.00 7.) WEST WING 26.) CONGRESS AV'I~R~ 11,820.00 p.aa9~K 4,704.00! 80 HIGH SCHOOL 27.) crrY I-La I I. IN TI-~ 4,440.00 MALl. 2,016.0C 9.) 1913 SCHOOLHOUSE 28.) MANGROVE PARK MUSEUM 5,940.00 I~mqTROOM BEm.r)ING 2,016.0c tOO r.mRARY 290 PAIA~ 1 iO Ol~m~VS 18,240.00 PARK RF. STROOM 2,016.0( BI.m-nlNG 300 MEADOWS PARK 11.) ART CENTER 5,88O. oo I~-gTROOM BUILDING 4,7o4. o( 12.) MADSEN CENTER 31.) GALAXY PARK 3,360.00 RESTROOM BLrtr.DING 3,360.0( 13.) CIVIC CF2qTE~ 32.) Ll'l-l, .~ I.I~4,GUE PARK 7,200.00 RESTROOM BUrr.DING 4,704.0( 14.) P.W. #1 33.) P]~WC~ PARK 9,540.00 RESTROOM BL~DING 3,360.0( 150 P.W. #2 34.) SARA SIMS PARK 8,160.o0 OFFICE/RESTROOM 3,360.0( BUILDING 16.) P.W. #3 35.) PIO~ CANAL PARK 4,551.00 RESTROOM Bu~r~ING 1,344.0( 17.) FIRE STATION #3 36.) UTILITY OP~TIONS 10,458-00 BUILDING ** 18.) PISTOL RANGE 1 , 764 · 00 19.) CEMETERY M.MNT. BUILDING RESTROOM 2,016.01~ TOTAL ANNUAL COST $222,593.. ** UTILITY OPERATIONS BUILDING IS INCLUDED IN TOTAL OF $112,620.00 THIS PAGE TO BE SUBMIlq ~D IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 4-1 ,Wwc~ oo~° 0 0 ~u. z Z co ~DO O~W w " g ~- w > =~= o~ o~ == o oo o Z C~ C~C~ ww~ Z Z ANNUAL BID FOR CUSTODIAL SERVICES FOR CITY FACILITIES BID DATE: BID TIME: BID #: DECEMBER 1, 1999 2:30 P.M. 012-2511-00/SP STATEMENT OF "NO BIDS" LISTING ANIERICLEAN SERVICES, INC. 2230-N SPRING HARBOR DRIVE DELR. AY BEACH, FL 33445-6902 CUSTOM CARE, INC. 6560 E. ROGERS CIRCLE BOCA RATON, FL 33487 INTER KLEEN 1499 S.W. 30m AVENUE, SUITE #7 BOYNTON BEACH, FL 33426 MANPowER 3300 PGA BLVD., SUITE 450 pAhLM BEACH GARDENS, FL 33410 SERVICE MASTER 3866 PROSPECT AVENUE g/4 W.i PALM BEACH, FL 33404 SUN COAST JANITORIAL SERVICES, INC. 5642 CORPORATE WAY W. PALM BEACH, FL 33407 REASON OUR SCHEDULE WOULD NOT PERMIT US TO PERFORM INSUFFICIENT TIME TO RESPOND TO THE INVITATION TO BID IT IS TOO BIG A CONTRACT, AS WE ARE A SMALL COMPANY WE DO NOT OFFER THIS PRODUCT OR AN EQUIVALENT UNABLE TO MEET SPECIFICATIONS UNABLE TO MEET BOND REQUIREMENTS OUR PRODUCT SCHEDULE WOULD NOT PERMIT US TO PERFORM BIDDER ACKNOWLEDGEMENT Submit Bids To: Mailing Date (City): Bid Title: Bid Number: Project Number: Bid Received By: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard -KO. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 October 12, 1999 "ANNUAL BID FOR CUSTODIAL SERVICES FOR CITY FACILITIES" 012-2511-00/SP DECEMBER 1, 1999, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: December 1, 1999, no later than 2:30 P.M. 0oeal time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Golden Mark Maintenance Federal I.D. Number: 65-0591349 A Corporation of the State of.' Area Code: 9 54 Mailing Address: City/State/Zip: Vendor Mailing Date: Florida Tel~honeNumber: 925-3989 1323 South 30 Avenue Hollywood, FL 33020 Hand Delivery 12/1/99 Authorized Signature Richard A; Cosby Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 4O STATEMENT OF BIDDER'S QU~IFICATIONS Each proposer proposing on work included in these General Documents shall prepare and submit the da~a requested in the. following schedule of information. This d~ta must be in~tmied in and made part of each bid document. Failure to comply with this instru&ion may be regarded as justification for rejecting the bid. * attach additional sheets giving the information 10. 11. 12. Name of Bidder: Business Address: Golden Mark Florida Corp. 1323 South 30th Avenue Hollywood, FL 33020 New York-Golden Mark Maintenance LTD 1984 Floriaa- Golden Mar~ Flor~aa Corp. 1996 When Organized: WhereInco~omted: New York/Florida How many years have you been in business under the present fu'm nam.e? 15 Years Contracts on hand: *GROSS AMOUNT: General character of work performed by your company. * Janitorial Service Have you ever failed to complete any work awarded to you? If so, where and why? NO *(E~hConUa~) See Section Four Have you ever defaulted on a contract? If so, where and why?* NO Experience in performance ofv,'ork similar in importance to this pwject. * See Section Four Background and experience of principal members of your personnel, including officers. * See forward section of Proposal Credit available. (If requested) see section Two THIS PAGE TO BE SUBMITTED ..~LONG V*'I'I'I'I PROPOSAL 41 13. 14. List all lawsuits (related to similar projects) to which you have been a party and which: * A. arose from performance: * B. occurred within the last 4 years: * C. provide-case number and style. * Financial statement. (If requested). * Dmedm: Broward County this 26thday of November 19 99 (written signature) ~' Name Richard A. Cosby ~rhated or ~ped) Title Vice President/General Manager THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To Ail Bidder~: Date:l 1/20/99 The Undersigned declares that he has carefully examined the Specifications and is thoroughly · fami~ar with its provisions and with the quality and type of service called for. Whe~ submitting more than one bid proposal price for this service, indicate how many individual and/mr combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The Undersigned proposes of: ~two hundred-twenty-two thousand, five hundrefl-nine, ty-three no/100 ANI~ UAL BID FOR CUSTODIAL SERVICES FOR CITY FACILITIES: $ 222,593.00* TOTAL ANNUAL COST (cost breakdown by Service Location on following page) * Does not includen current city janitorial staff: Golden Mark Florida Corp. - 1323 South 30th Avenue Hollywood, FL 33020 THIS PAGE TO BE SUBMITTED iN ORDER FOR PACKAGE TO BE CONSIDERED COMPI.ETE .-%ND ACCEPTABLE to perform the service in accordance with the specifications for the sum and 43 PROPOSAL continued ...... HOURLY RATE PER PERSON FOR EMERGENCY WORK: $ 7.95 HOURLY RATE PER PERSON FOR SCHEDULED SPECIAL PROJECTS: $ 7.95 OPTIONS: ltl - "PICK-UP" OF CURRENT CITY EMPLOYEES: #2 - VINYL FLOOR MAINTENANCE Number of Bid proposals submitted +$23,781.00 mo.x 6 mc .15 sq. ft. strip/3coats floor, finish Specification "check-off" sheets (Pages 3-30) submitted yes Yes/No List of 3 similar contracts submitted yes Yes/No List of anticipated staffnumbers, titles and schedule of activities submitted yes Y~;No List of materials, equipment product/ brand submitted yes Y~/No Contact name and phone number submitted Golden Mark Maintenance COMPANY NAME yes Y~No SIGNATUI~ Richard A. Cosby PRINTED NAME ( 954 ) 925-3989 TELEPHONE NUM~ER Vice President/General Manager ~TLE THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of Flori~la ) CoUnty of Broward ) ! Richard A. Cosby · being first du, ly swom, deposes and says that: He is v.P./General Mnqr. of Golden Mark Maintenance (Title) (Name of Corporation or Firm) lhe bidder that has submitted the attached bid: 2) 3) · 4) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; iSald bid is genuine and is not a collusive or sham bid; ImUrther,the said bidder nor of its offieen, pm'men, agents, representatives, any ovvllers, ployees or parties in interest, including this affiant, ha~ in any way colluded, conspired, . connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, fn'm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, comspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach ' (Local Public Agency) or any penon interested in the proposed Contract; and 5) Iohe price or prices quoted in the attached bid are fair and proper and are not tainted by any llusion, ennspira~y, connivance or unlawful agreement on the part of the bidder or any of agents, representatives, owners, employees, or parties in interest, including this affiant. (Title). Vice Pre$ident/G~neral Mngr. Sut scribed and swom to before me Thi., 22nd day of November My/c.ommission[ expires 1/19/03 , 19 99 THIS PAGE TO BE SUBIV~'rr~:D ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 46 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) --- : SS COUNTY OF PALM BEACH ) I. the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my finn or by an officer of the corporation. ~NAME - SIGNATURE Sworn and subscribed before me this 22nd dayof November 1999 Bronikows ki NOTARY PUBLIC, State of Florida at Large Printed Information: Richard A. Cosb¥ NAN~ Vice President/General Manager TITLE Golden Mark Maintenance COMPANY "OFFICIAL NOTARY SEAL" STAM~ THIS PAGE TO BE SUBMIt-rED ALONG WFl'li PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 47 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form t~c~rnade a part of our files for future use and information. Please fill out and indicate in the appr6priate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official pan of your bid response. ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) mSPAN~C ( ) WOM~N (x) 0~a~.aX White American (~i~) Dolyou possess a Certification qualifying your business as a "Minority Owned Business"? I YES NO x If ~ES, name the Organization flora which this certification was obtained and date: Issking Organization for Certification Dale of Certification THIS PAGE TO BE SUBMITTED ALONG ~111-1 PROPOSAL 48 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BID~ Preference shall be' given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug- free workplace progcam shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying' the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace; the business's policy of maintaining a drug-f~e workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in' subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any State, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee whO is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. ' As the person authorized to sign the statement, I certify that this firm complies full~' with the above requirements. /~t/~, ~ /' -Vendor's Sign~hre THIS PAGE TO BE SUBMI'rI'I~D ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ,$9 SPECIFICATIONS ANNUAL FOR BID FOR CUSTODIAL SERVICES FOR CITY FACILITIES GENERAL REQUIREMENTS 1) ~ERVICE PERFORMANCE ~' The intent of this contract to provide is clean, well-maintained buildings at ail times. Failure to meet the cleaning specifications as set forth in this contract will invoke penalties. {~ Performance and the quality of work shall be first-class in hygiene and cleanliness. t~,~,' Routine services shall be considered not to have been performed when any one or more of the following conditions exist. a) Routine services in an area are not performed in ~triet accordance with performance standards or are not performed at the specified frequency. b) Specified equipment, tools, or chemicals are not available, not used, not used correctly, or not in good operating condition. c) Routine services are not performed w~thln the scheduled work shift. d) Employee(s) performing the routine service are not properly trained. e) Employee(s) are not in proper uniform. 2) 3) WORK HOURS Work is to be performed between 6:00 p.m. and 6:00 a.m. Building checks by the City's representative will be made after the work is finished or after 7:00 a.m. QUALIFICATIONS OF BIDDERS ex. Bidders must identify the number of years organization has been in business. THIS PAGE TO BE SUBMITIED ALONG WITH PROPOSAL ll~ ORDER FOR BID PACKAGE TO BE CONSII)ERED COMPLETE AND ACCEPTABLE SPECIFICATIONS continued ...... /~'~L'×Provide a list and brief description of similar contracts o£ similar size, satisfactorily completed with location, dates of contracts, names, phone numbers, size of building, type of' services reqtrested and addresses of owners. A minimum of three O) references shall be submitted. A contact name, address, and telephone number shall be provided f6~; ~'ach reference. Similar contracts as referenced above shall be defined as vendor's experience at servicing multiple buildings, spread om over a 10-mile radius, from one central location or main/central building which has a mimmum size of 50,000 sq.it. //~/Bidders must submit proof that they have sufficient staff to provide daily custodial maintenance services specified without the use of subcontractors or temporary help, including a list of anticipated staff numbers and titles to service the City and a proposed schedule of their activities. flJ'b/Bidders must submit a complete list of materials, equipment, product/brand to be used. ~?L/'Bidders must provide a telephone number and a named contact person who can be reached during all normal working hours for emergencies and resolving problems. 4) COMMUNICATIONS [~d-~All complaints, requests, information, etc. between the Contractor and the City's representative shall be in writing and be signed and dated by both the Contractor and the City's representative. The City will also keep a log book of the action and the response for proper evaluation of the consismncy of performance by the Contractor. TRAVEL ~'xrhe City of Boynton Beach shall not be respousible for any travel expenses. 6) VENDOR RESPONSIBILITY /'q~/Vendor shall be responsible for ensuring that all employees are in compliance, at all times, with Terms, Conditions, and Specifications outlined in this Invitation to Bid. f~f~'Vendor shall be responsible for obtsi.in~ all necessary permits, licenses and/or registration cards, I-9 Form (Employment Eligibility Verification) in compliance with all applicable federal, state, and local statutes pertaining to services as specified. THIS PAGE TO BE SUBMIi-r~D ALONG WI-rid PROPOSAL I~ ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 4 SPECIFICATIONS contin-ed ...... 7) RELIEF FROM ABSENTEEISM Vendor shall pro*vide relief personnel as necessary and work overtime as necessary, at no · ' cost to the C![y,_to ensure that the Routine Work, Daytime Services, and Project Work are performed as ~quired. 8) SUPERVISION .~/~/~ Vendor shall provide an adequate number of trained, qualified Supervisors capable of ~ providing adequate supervision to accomplish the services requested. ~,~]' A supervisor shall visit each site while the crew is working. QUALIFICATIONS OF EMPLOYEES 9) f,.4~' All employees shall be physically able, capable, and qualified in this type of work and ] must have received training in the methods and use of materials in th~ performance of ~ their work assignment. Written certification of this shall be provided. 10) E~IPLOYEE$ i~ Persons employed by the Contractor in the performance of services pkr~uant to this bid shall not be considered employees of the City. shall be independent thereof and shall have no claim against the City a~ to pension, workers compensation, unemployment compensation, ir~urance, salary, wages or other employee rights or privileges granted by operation of law or by the City of Boynton Beach and shall be 18 years of age or older. Contractor shall provide each employee performing services under this contract with a freshly laundered uniform with the Contractor's name printed on the back of the shirt. Contractor shall provide a picture identification card for each employee as authority to be in the building. A contract employee list shall be created. Each employee with building access authority shall be listed and filed with the City's representative prior to performing any work. The contract employee list shall be kept current by the Contractor as changes of employees occur. .. The City's representative reserves the right to deny entrance to the building and to remove from the building any employee of the Contractor for just cause. THIS PAGE TO BE SUBMI'I'i'I~D ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 5 SPECIFICATIONS continued ...... 11) T.-kXING RESPONSIBILITIES With submissiot~ of this bid proposal, the vendor understands that the City of Boynton Beach is not responsible for any federal, state, or locally mandated tax withholding associated ~f_th-wages of the vendor's employees and/or any of its subcontractors. CONTRACT ALTERATIONS Sites, partial or whole~ may be added and/or deleted to this contract. Any additions to this contract will be considered part of the contract thereafter with all prices, terms and conditions stated herein. /Additional Sites added to this contract are to obtain full service as stipulated in the Custodial Task Specifications and Task Sheet requirements, 13) EMERGENCY CLEANING SERVICE 'A separate hourly rate is requested for "Emergency Cleaning Services" (services. requested for hours or days not required in the bid documents). The emergency cleaning services will be requested mainly by the Police Department for haz-mat clean-up of jail cells for blood. -Vendor will only be paid for the time they are on site cleaning. t/~t? Vendor may charge a minimum of one hour per call. :~r~ A personal beeper number or phone number shall be supplied for emergency cleaning services. Vendor will be required to respond by phone within 30 minutes of the call and be on-site within one hour. 14) METHOD OF ORDERING/INVOICING //)'-~" Contract service shall be ordered via purchase order. The purchase order will be issued in conj unction with the Commission's award and the City's fiscal year. t/Z~4-~ Monthly invoice(s) shall be submitted with each site itemized. /7 r~ Invoice(s) shall reference purchase order number. THIS PAGE TO BE SUBMI'I-I'ED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE SPECIFICATIONS continued ...... 15) MAINTENANCE RESPONSE SCHEDULE fit is hereby understood and mutually agreed by and between parties hereto that adherence to the maintenance schedule is an essential condition of this contract. ~ Contractors failing to adhere to the schedule shall be cause for cancellation of the ' contract. f.<wC Demerits will be assessed according to Section 16 - Performance Evaluation. · 16) PERFORMANCE EVALUATION ~'~Throughout the contract period the vendor's performance will be closely scrutinized by City Staff. ~-'~.-~ Vendor will be evaluated using the Discrepancy Report Form. (Attached hereto) NON-PERFORMANCE OF SERVICES /(./~(.~Services shall be considered not to performed when, the judg~'nent , have been of the Contract Administrator, any one or more of the following conditions exists: a) The services in an area are not performed in strict accordance with the performance standards or are not performed at the specified frequency. b) Services are not performed within the scheduled hours. c) The employee performing the services has not received the specified tra~nirtg. d) The employee performing the service~ was not uniformed in accordance with the requirements of the special conditions. e) Contractor failed to lock all exterior doors and/or security gates when leaving a building at the end of a work shift. DEDUCTIONS FOR NON-PERFORMANCE OF SERVICES In the ievent of non-performance of services by the Contractor, the Contract Administrator shall have the right to exercise the following options: f~J Notify the Contractor of non-performance, and allow Conlxactor to correct such item of ! non-performance. The City shall make no deductions for such item if it is properly corrected. THIS PAGE TO BE SUBMITTED ALONG WI'I'll PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 7 SPECIFICATIONS continued ...... //~4'(~ Should the City correct the item of non-performance by any means it deems necessary, direct costs incurred by the City for the correction shall be deducted from payments made to the Contractor. -. f~l~.· Should the C[qTallow the non-performance to remain uncorrected, the City shall deduct · the value ofth~ services from payments to the Contractor. a) If ten demerits in a one month period for one building are assessed, that month's payment will be forfeited for that building. 17) RIGHT TO TERMINATE City reserves the fight to terminate this contract without came effective thirty days from the date of the written notice. t~''~ ' In the event that any of the provisions of the conuaet are violated by the successful bidder, the City of Boynton Beach may serve written notice upon such bidder of its intention to terminate the contract. ]~.,~t Liability of the bidder for any and all such violation(s) shall not be affected by any such. · termination and his surety as required by the bidding docUments, shall be enforced for any additional cost incurred to complete the annual contiaet. 18) DEFAULT ~ln the event that the Conuactor cannot respond adequately to the needs of the City by reason of equipment failure or any other reason, the Contractor shall advise the City in writing within 24 hour~ of said inability, and further advise as to the length of said inability. City may then consider said inability to be a breach of this Contract and may undertake the necessary work through its own services or those of another contractor. t4~r~fCity shall have the right to deduct the cost incurred, including any administrative costs, in having to provide said service~ from the payments to be made to the Contractor under this Contract. 'Repeated defaults can lead to termination per Section 17 - Right to Terminate. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 8 SPECIFICATIONS continued ...... 19) ASSIGNMENT ~/'~tL'"Neither party to the Contract shall assign the Contract or subcontract it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become-~ll~e to him hereafter, without the previous written consent of the contracting City Department. 20) SUBCONTRACTING ~,~.~4~ If a vendor subcontracts any portion of a contract for any reason, he must include, in writing the name and address of the subcontractor, name of the person to be contacted ] including telephone number and extent of work to be performed. This information shall I be submitted with bid response and approved by the City. - City of Boynton Beach reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time conU'act of a similar nature, or who is not in a position to perform properly under this award. 21) II 'Subcontractors will be responsible for meeting and submitting the insurance and licensing . requirements set forth in the bid documents or the ConUaetor shall extend their insurance policy to cover the subeonU'aetor and theft' employees. Non-compliance with the specifications by the subcontractor that requires more than three conferences with the Contractor and subcontractor may result in termination at the City's option. ~SPECTION OF SERVICES t/2"x~Contractor~ shall provide and maintain an inspection system covering the services under / , this contract to ensure services are performed in a quality manner. f, dr/!- A weekly report shall be submitted to Facilities Management on all buildings. /~/-! City has the fight to inspect and test all services called for by the Contract. ~4~'~ Contractor's work shall be measured/treated as satisfactory, unsatisfactory or non- performed. THIS PAGE TO BE SUBMi'I-I-ED ALONG WITH PROPOSAL I~N ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 9 SPECIFICATIONS continued ...... 22) LICENSES /~u~All businesses in the City of Boymon Beach are required to obtain a City of Boynton Beach Occupational License at a cost ranging from $20 to $450 depending upon the business el~fficatinn. For further information regarding license fees, call (561) 742- 6360. Vendors shall also submit their Palm Beach County License. All other businesses must show proof of a current Occupational License for the business location, unless exempt. · fl,h~~ A copy of the license or proof of exemption shall be submitted prior to commencement of work. 23) PROTECTION OF PROPERTY Successful bidder shall at all times guard against damage or loss to the property or ~,,~quipment of City of Boymon Beach or of other vendors or conuactors and shall be held responsible for replacing or repairing any such loss or damage. fo_t.~.~ City of Boymon Beach may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss or damage to property through negligence of the successful bidder or his agents. 24) COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH t/~f'/.~Bidder certifies that all material, equipment, etc., contained in their bid meets all O.S.H.A. requirements. fl'~ Bidder further certifies that, if they axe the successful bidder, and the material, equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A, requirement in effect on date of delivery, all costs necessary to bring the material, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. Vendor shah supply for the City's review and approval MSDS sheets for all supplies used and shall maintain an MSDS book in every janitorial closet. ~4'(---Successful bidder shall be solely and completely responsible for conditions of the job- site, including safety of all persons (including employees) and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. :t't/Safety provisions shall conform to the U.S. DepaxCuent of Labor (OSHA), Florida Department of Labor, and all other applicable federal, state, county, and local laws, ordinances, codes, and regulations. THIS PAGE TO BE SUBMITTED ALe)M; WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE tO SPECIFICATIONS continued ...... Where any of these are in conflict, the more stringent requirement shall be followed. Successful bidder's failure to thoroughly familiarize themselves with the aforementioned provisions s~HaI1' not relieve them from compliance with the obligations and penalties set forth therein: 25) KEy CONTROL ./~ Vendor shall adequately secure the keys, key cards, other entry devices and codes i provided by the City. ~,~ Vendor shall maintain a record of the key numbers issued to its employees. ~,~ Vendor shall not duplicate and shall not allow such items to be duplicated. f' l Any such item which becomes lOst, missing, or stolen shall be immediately reported to the City representative by the vendor. ~/'~ ('~"Should the vendor lose or have stolen any keys issued to the vendor by the City, the cost of changing locks or keys to the buildings, rooms, or areas accessible by the lost or stolen keys will be deducted from the vendor's invoice to the City for the work performed un. der this contract. 26) ~UPPLIES REQUIRED /~;~'~fVendor shall be responsible for the complete and timely performance of all the sera, ices under this contract and for all manner and type of tools, chemiC:als, equipment, cleaving supplies, replenishment of sanitary napkin dispenser, and materials of every deseripticn required to successfully perform all services under this contract 27 SUPPLIES AND MATERIALS ~ If contract is awarded to an outside contractor, existing Warehouse janitorial · materials/supplies will be pUrChased from the City at cost (approximately $20,000.00). Contractor shall supply all materials and supplies to perform this contract. ~r(.~Products used must be as specified in the attached list. ~A Material Safety Data Sheet, OSHA Form-20, shall be supplied by the Contractor for each chemical and/or solvent cleaning agent to be used in the performance of this contract. THIS PAGE TO BE SUBMITI'ED ALONG WITH PROPOSAL I!N ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE SPECIFICATIONS continued ...... Contractor shall maintain an MSDS book and keep on the job sites in each janitorial closet and submit to Facilities Management, per Section 24=Compliance with Occupational Sefety and Health. Cleaning materials shall be labeled or stenciled to identify contents by its name and · " manufacture~a~nd/or brand designation. Cleaning materials shall remain readily identifiable at all times by preserving the original label or stencil intact on the material package. Cleaning materials shall not be removed from a container and placed in a container not identified as the exact same material. · .. Contractor shall submit for the City's approval a list of the cleaning products and equipment it intends to use at least fifteen (15) days prior to the contract's commencement, or ifa new product, fifteen (15) days prior to its initial usage. 28) NEEDED REPAIRS .~<~Vendor shall promptly notify the City's representative in a written format acceptable to the City's representative of needed repa and/or damage to fixtures, building and appurtenances observed during the performance of the services. f~"~Any item of a critical, priority, or emergency nature will be verbally reported immediately upon discovery with written notification to follow prior to the end of the work shift. 29) ENERGY CONSERVATION ~v]4?Vendor shall comply with all energy conservation practices of the City. f:?~L~ Vendor shall not change any thermostat settings at any time. .~- Night shift of janitorial employee will turn offlights after they have finished their work. 30) SECURITY AND IDENTIFICATION f~,'~C,~ Vendor shall take all measures necessary to comply and to ensure the emploYees of the vendor comply with the security roles and regulations of the City and Federal, State, and local roles, laws, and regnlationz. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 12 SPECIFICATIONS continued ...... /V~Employees serving hereunder, shall not use controlled substances not prescribed for them, nor illegal'substances on or offthe City's premises, and shall not use alcohol on the City's premises nor preceding their work shift, when to do so would in any way affect the performance ~he services. Vendor shall attest in writing that a background check to the extent allowed by law of employment history and references has been conducted on each employee within four (4) weeks of initial employment. Vendor shall submit a copy of a police check for all employees. Any criminal record could be grounds for refusal for ent~. City shall have the right to request any additional investigative background information including, but not limited to, the employment record of any personnel assigned to perform the services. in such information to the extent allowed by law within Vendor shall furnish, writing, thirty (30) calendar days after receipt of written request from the City's designee. ~ity reserves the right to conduct its own investigation of any employee of the vendor. Vendor shall remove from service on the premises of the City any employee of the vendor who, in the opinion of the City is not performing the services in a proper manner, or who is incompetent, disorderly, abusive, dangerous, or disruptive or does not comply with the rules and regulations of the City. t/2,~(Such removal shall in no way be interpreted to require dismissal or other disciplinary action of the employee by the vendor. /~_.~Vendor shall prevent any of its employees from opening, tampering with, using or moving any item of equipment, telephones, storage cOntainer, desks, etc., or entering into any area unless required in the performance of the services. . ~/'-c/Vendor shall establish, implement, and maintain procedures and controls to ensure each employee of the vendor compl!es with all applicable provisions of the contract and all site rules and practices of the City. 31) L 3ST AND FOUND ARTICLES /'~/-'( JContractor shall ensure that all articles found in the buildings by their employees, while performing duties under this contract, shall be returned to the City's representative no later than 12-noon the morning of the day during which the article was found2 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 13 SPECIFICATIONS continued ...... 32) JANITORIAL CLOSETS AND UTILITIES /2J" Janitorial closet~, as .available at each building, shall be kept orderly and clean at all times. /~,~" City shall stipply electric power and water without charge to the Contractor. ~_._ Contractor shall use the City's utilities as needed, but without waste. }/~h.~ Lights will be turned offin areas as cleaning is completed. ./~/'t_ Minimum lighting shall be used. 33) EXTENSIONS Two (2) year bid, with a yearly contract period, with an additional third year renewal option (subject to appropriation of funds). )~q"/City requires a firm price for the initial contract period of one year. ~J~ ,..Annual renewals will be based on the Successful Bidder agreeing to the same terms and ' conditions or by filing written notice to the City not less than ninety (90) days prior to renewal date of any adjustment in the contract amount. d~,~ontract renewal shall then be based on satisfactory performance, mUtual acceptance of a negotiated price, and determination that the contract is in the best interest of the City. 34) OPTION #1 The City of Boynton Beach currently has a full-time custodial crew made up of the following employees. NAME Charles E. Barden Runetta Cash Nancy A. Collet Jean J. Deroncelly Lori A. Giglio Katherine Hamilton Stephen J. Horwath Rober~ S. Prichard Carole C. Roberts Stephanie Tarter Tony Taylor TITLE HO~Y ~T~ Custodian 9.61 Custodian 10.02 Custodian 10.02 Custodian 10.94 Custodian 8.70 Crew Leader 13.14 Custodian 9.61 Custodian, 8.70 Crew Leader ' 12.00 Custodian 9.52 Foreman III 13.29 THIS PAGE TO BE SUBMI'Yi'I~D ALONG WITH PROPOSAL ll~ ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 14 SPECIFICATIONS continued ...... _.~ Contractors must provide with their bid, an altemate bid amount, wherein they will "pick- up" the employment of the above listed individuals, guaranteeing them a job with the contractor for at-least six (6) months. ~__/Employee "p~ci~-up" will be at the same hourly rate they are currently earning. ~/)/~r ~ Benefits offered these employees shall be the benefits offered to all other employees of the contractor. '35) BID BY CURRENT CITY EMPLOYEES ~The City of Boynton Beach will accept a bid fi'om the current full-time custodial crew ~ identified above. The City will help the existing employees to con~tmct such bid. ~/'~ ~'AI1 due consideration will be given to the employee bid, allowing for certain exceptions I to the bidding requirements (i.e., bidding requirements that are typically imposed on l~?ivate contractual firms). The City employees, within their bid, must identify a complete list of bidding ~ requirement exceptions. ~2_/J~J._-4~)ty, with the guidance of the Contract Administrator, will reach a decision as to which I of those eXceptions are in the b~t int~'e~t of the City of Boynton Beach. f~e employee s bid, with their approved list of bidding requirement exceptions, ~hall ~ compete on an'equal basis with all other bid~ submitted to the City. THIS PAGE TO BE SUBMI i~I'ED ALONG ~,VITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 15 SPECIFICATIONS continued ...... CUSTODIAL SERVICES CONTRACT DISCREPANCY REPORT LOCATION INSPECTED By DATE · Discrepancy or Problem: · Describe in detail, areas of concern and attach the task list identifying areas not completed as specified. HAS THE CONTRACTOR'S CUSTODIAL SUPERVISOR BEEN VERBALLY ADVISED OF THE PROBLEM? YES / NO DATE OF ADVISEMENT: NUMBER OF DEMERITS ASSESSED: (ONE DEMERIT PER TASK UNCOMPLETED, DOUBLE DERMERITS FOR TASKS IDENTIFIED AND NOT RECETIFIED THE FOLLOWING DAY.) IS THIS A REOCCURRING PROBLEM? YES__ / NO__ THIS PAGE TO BE SIYBMi'£rED ALONG ¥~rll-I PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Cig., of Bay~tton Beach Risk Management Department INSURANCE ADVISORY FORM Under the ten'ns and conditions of all commas, leases, and agreements, the CiD' requires appropriate coverages listing the CiD' of Boymon B~ach as Additional Insured. This is done by providing a Certificate of Insurance listing ~hc CiL~ as "Certificate Itoldcr' and "The City of Boynton Beach is Additional Insured as respect to liability." (NOT£ An insurance '~:Dt~'ac! or bmder mtO' be accepted as proof of insurance if Certtficate ts provided upon selecupn r?'vendor) ~3~-following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City resern, es the right to require additional types of insurance, or ~o raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Prot. Personal &Adv. Injury $1,000,000.00 Liquor Liability Each Occurrence $1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000:00 Pollution Liability Asbestos Abatement Lead Paint Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Builder's Risk (Limits based on Project Cost) Aurora ~bile Liability Combined Single Limit $1,000,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (l~r accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer interchange $ 50,000.00 Non-Owned Autos PIP Basic lnterrnodal Garage Liability Auto Only, Each Accident $ I,O00,O00.O0 An)' Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $1,000,000.00 Aggregate $ 1,000,000.00 Excess :,iabilily Each Occurrence to be determined Umbrella Fomt Aggregate to be detemtined Worker Compensatmn Statutory Limits Employer's Lia{-,tDLv Each Accident $ I00.000.00 Disease, Policy Limit $ 500.000.00 Disease Each'Employee $ I00.00000 Other - As R~sk Identified lo be determined CITY OF CLEARWATER - 5 Locations Janitorial Service - 7 Days Per Week Contact: Peter Hegedus, Sup~7o3or (727) 562-4710 Ext. 2813 FLORIDA DEPARTMENT OF HEALTH 38754 State Road 80 Belle Glade, Fl 33430 Contact: Ms. Judy Carter (561) 840-4524 $35,940.00 Contract Commerw. gd 9/1/99 CITY OF HOLLYWOOD L 6 Locations Janitorial Service - 7 Days Per Week Contact: Jose Vazquez (954) 967-4224 $42,043.44 Conm~ Coi~ui~¢need 6/1/98 CITY OF GREENACRES- 9 Locations Janitorial Service - 5 Days Per Week 518 Martin Avenue G-reenacres, FL 33463 Contact: Bob I-laHhiil (561) 642-2071 ST. LUCIE COUNTY - 17 Locations 3701 Oleander Avenue Fort Pierce, Fl 34982 Contact: Nick Dragash (561) 462-1,431 $48,780.00 Contnu~ Commenced 10/I/98 $252,164.00 Contract Commenced 2/1199 DEPARTMENT OF CHILDREN & FAMILY J~itorial Servia- 5 Days Per Week 401 Colorado Avenue lmmokalee, FL 34141 Contact: Tammy Yzaguirre (941) 657-3635- SlS,Zoo.oo Contragt Commell~ed 3/25/99 CITY OF DELRAY BEACH - 13 Locations Janitorial Service - 5 Days Per Week' 100 N.W. 1* Avem~ Delray Beach, FL 377.~. Contact: Jackie Roomy (561) 243-7163 $81,510.00 Contract Commenced 7/199 DELRAY BEACH HRS - 2 Loc~aXions Janitorial Service - 5 Days Per Week Contact: Judy Carter (561) 840-4524 Contract Commenced 7/199 CITY OF FORT LAUDERDALE- 14 Locations ~anitorial Service - ~/7 Days Per Week Contact: Mm'sim Perri (954) 492-7816 MARTIN COUNTY - 21 Locations Janitorial Service - 7 Days Per Week Contact: Harold Markey (56!) 221-1329 OSCEOLA COUNTY - 26 Locations Janitorial Service- 5 Days Per Week Contact: Debbie Lambert (407) 343-3131 CITY OF POMPANO - 4 Locations Janitorial Service - 3 Days Per Week Cont~:: Ann Fulford ( s4) s l-s oo BROWARD COUNTY HOUSING AUTHORITY Janitorial Services - 5 Days Per Week Contact: BJ Soloman (95~) 739-1114 ext. 323 $135,403.00 Contract Commenced on 10/1/99 $186,432.00 Contract Commenced on 5/1/97 $157,919.76 Contract Commenced on 7/1/99 $24,172.92 Conllg~t Commenced on 10/15/99 $8,z4o. oo Commct Commenced 10/1/99 CITY OF DELRAY BERCJ~ SSg Pl~./02 ~rUN 08 'gg 8S~:~9 References received by Purch~ing for Golden Mark Maintenance - 04/29/99 Peter Hegcdus, Supervisor, '(727) 562-4710 esl 3813 City of Clear Water "Do a pretty good job. Management is responsive to our needs. No major problems. Do our municipal building, garage, elevator landings, marina, and sailing center. Overall pretty good. No employee problems a~ this time. Had problems at one time - but they straightened out fight away". Jeff Harder, (954) 492-7807 City of Ft. Lauderdale "Do a very g0od job in City Hall. We had problems with the outer buildings az they w~re doing a poor job,, then their manag~n~nt did a change over in personnel and they improved significantly. No employee problems az far az theft or tel:phone calls. Overall would give them a very good rating". Jose Vazquea, (954) 9674224 City of Hollywood "I am from Public Works, and they clean five (5) restrooms on our beach. We are very satisfied with their services". Tom Farinon - (954) 921-3290 Pmchasing - City of Hollywood "They do beach restrooms and traller's for Construction Division. Satisfied ali around with their s~'vic~". Bob Halfhill - (561) 642-2071 City of Greanacres "Extremely please with them. Super people - good. Very pleased with them. They were ar~ s~cond low bidder on out bid, and we award~l to them. They do our Public Safety, Public Works, City HalI, Leisure Services, and Parks Restroorns. No employee problm. We went through the normal learning phase, but they are doing a good job now. We keep logs in each of our buildings, and they respond to our requests on the same day". INSURANCE Golden Mark provides a comprehensive insurance program for the protection and benefit of both our customers and the company. The enclosed copies of the Certificates of Insurance indicate the types and limits of coverage. Additionally, Golden Mark provides several significant and specialized insurance programs that are tailored specifically for the building maintenance service industry. Car,~ . otlr Prop we a Thir, respt Gola main , Custody, and Control Coverage is excluded from most general liabilitypolicies, however, ~urance carrier provides this coverage. ~rty Damage coverage is extended to incl,_~_de "Property damage to real property on which 'e working directly or indirectly if the property damage arises out of these operations." ~ Party Fidelity Bonding providesprotection in the event that theft occurs. The bond ,ntis to all proven incidents that we are legally liable for. · · ~n Mark continues to provide our customers the highest possible standard for professional ~enance service. ACORD. CERTIFICATE oF LIABILITY INSURANCE ':' · :':! ' :: ::~' 06/25/1999 IF~X (~1B)'593'L~605 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CIE~TIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED EY THE POUCIES BELOW, COMPANIES AFFORDING COVERAGE COM.^~Y National Union Fire Insurance A B C D Crum & Forster Insurance TZG Ins. Corp of America First Rehabilitation Ins. Co. ~ODUC~. C5i6)593-2220 mon Paston& Sons Agency, Inc. O. Box 747 :1 Sunrise Highway ~'~jook, NY 11563 EU.ED Golden Mark Florida Corp. 1323 South 30~h Avenue Hollywood, FL 33020 ~ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LJETE~ BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOV~ FOR THE POLICY PERIOD INDICATED. NoTwrrHETANOING ANY REQUIREMENT, TERM OR CONDIllON OF ANY CONTRACT OR OTHER DOCUMENT %~TH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I$ SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDmONs OF SUCH POMCIEB. UMIT~ SHOWN MAY HAV~ B~N REDUCED BY PAID CLAIM~ 01/01/1999 01/01/2000 CLAIMSMACE X occur GL3823479RA OW.E~S E Co,'r~cTo;~s ,ROT CA3815317RA 01/01/1999 01/01/2000 AUTOMOBILE L/ABIUTY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIREO AUTOS 50,000 S.O001 COMmNED m~,~ts u~v s 1,000,000 X UMSRELEA FOI~M 553043942Z 01/01/1999 8066778 01/01/1999 O~E~ . Statutory Limits Disability Benefits Coverage DBL 78~41 01/01/1999 01/01/2000 Continuous unti~ Cancelled $CmP~DNOFOPE~ON~I. OCA~ONE~q/SHICLEEgEPSCI&LJT~.~IS ~oyee D~shonesty Crime Policy Policy NO. 8581098 Policy Dates: 3/20/99-3/20/00 ,it: $100,000 rious Locations ~ occuR~e~c~ s 2,000,000 TORY Laarrs · ~ .~~ 01/01/2000 ~~ s ........;~ ~100'000 ~ms~-~ ~co~ s 100,000 :RTIFICATE HOLDER ' :ORD 2E-~ {119S) *.-- REFERENCES FOR GOLDEN MARK OF FLORIDA FORT LAUDERDAI.R CYPRESS FINANCIAL LIMITED 5900 N. Andrews Avenue, Suite 627 Fort Lauderdale, FL 33309 (954) 776-6322 Contact: Don White Provide janitorial service five (5) times per week FIRST BAPTIST CHURCH 30D East Broward Boulevard Fort Lauderdale, FL 33301 (954) 52%6800 Fax (954) 453-5144 C~ntact: Ken Null PrOvide janitorial and landscaping service seven (7) times per week FORT LAUDERDALE JET CENTER 1100 Lee Wagener Boulevard Fort Lauderdale, FL 33315 (9 4) 359-3650 cOntact: Evelyn Quinn, Director, Properties and Leasing Pr6vide janitorial service seven (7) times per week One North University Drive plantation, FL 33315 (9~4) 474-1336 Co~tact: John Payne P~vide janitorial service five (5) times per week PI~BLIC SERVICES DEPARTMENT Cil, of Fort Lauderdale 94!~ N.W. 38th Street Fo: t Lauderdale, FL 33309 (95 4) 492-7816 Co ~tact Marcia Perry Pre viding janitorial service seven (7) times per week cITY OF HOLLYWOOB 26Q0 Hollywood Boulevard Hollywood, FL 33020 (95~) 921-3260 . Co~tact: Stege Salafrio Provide janitorial service seven (7) time, per week 210,261 Sq. Ft. 188,721 Sq. Ft. 110,000 Sq. Ft. 175,000 Sq. Ft. 44,880 Sq. Ft. Public Beach Lavatones Four (4) Locations STUART.__AREA- MARTIN COUNTY - 21 Locafion.~ J'anitor/al Service - 7 Days Per Week Contact: Harold Markey (561) 221-1329 Partial List of Location.~ ADMINISTRATION BUILDING 2401 S.E. Monm~y Road Stuart, FL 34996 UTILITIES OFFICES Smithfield Plaza Smart, FL HEALTH DEPARTMENT 7th Street Stuart, FL ADMINISTRATION I~ALTH OFFICI~S 620 South Dixie Highway Stuart, FL INDIANTOWN GOVERNMENTAL CENTER 16550 S.W. Wadield Boulevard Indiantown, FL HEALTH DEPARTMENT 16801 S.W. Farms Road Indiantown, FL PUBLIC SAFETY DMSION S.E. Tower Drive Smart, FL COUNTY PUBLIC LIBRARY 1900 N.E. Ricou Terrace lev. sen, Beach, FL PALM CITY PUBLIC LIBRARY S.W. Matheson Boulevard Palm City, FL 55,400 Sq. FL 12,000 Sq. Ft. 83,100 Sq. Ft. 15,000 Sq. Ft. 6,800 Sq. Ft. 7,000 Sq. _.Ft. 4,700 Sq. Ft. 10,000 Sq. Ft. MIAMI AREA LOUIS DREYFUS PROPERTY GROUP D~ugtas Entrance 800 Douglas Road COral Gable. s, FL 33134 (305) 4~.~. 1941 ~, Fax (305) 443-9972 COntact: Kcnn Powell, t~roperty Manager provide janitorial service five (5) times per week MARTIN LAMAR UNIFORMS 7230 N.W. 46* Street Miami, FL 33166 (305) 477-2958 Contact: Kathy Jones UNION BANK 2504 N.W. I07' Avenue Miami, FL 33180 (9~4) 745-2971 Contact: Lily Hemphill UNION BANK 1~745 Biscayne Boulevard A~entura, FL 33180 (954) 745-2971 C~ntact: Lily I-Iemphill 449,999 Sq. Ft. 40,000 Sq. Ft. 4,000 Sq. Ft. FROM : r,~NERRL_SERUIC.~S COMMUNITY SER PHONE NO. : 0¢:. 28 1998 TO: ~ Cc: ~voEr~B Re: Sani%orial/Cleanin~ Service Fr.~m Yvorunei~__ftlaud~ (yvonne ~lck - ~/~] 5~: 08:32 27 ~: 98 late a c~ie ot ni~ts so I'~ ~k ~loy~s in a~%i~. ~e office ~ally ~ing last ~i~%...~e of ~ lo~ ~a cl~ing ~ vinyl vl~wt flor in ~% ~ ~ the cle~ % ~ve s~ i% $f~e sho~ly ~%~ it was i~%alt~. ~e tile fl~ in ~ l~ies ~ ~ also s~li~. I a=~ for s~ ~ att~ti~ %o ~e c~t in ~. JohnnY's cleaning all ~e ~is off off ~e f~it~, etc. ~ ~l~es ~ofessio~l, ~ ~ ~ ~llf~ to help. ~ c~li~ to ~ld ~k Dl~se ~ Y~ ne~ talk to Fr~ ~D 5~t ~2: ~7 27 ~t 98 I ~ld like to d~li~%~ ~ --ROM : GENERAL_SERUICES COMMUNITY SER PHONE NO. : Now. 05 1998 10:~OAM Pi CAi-Ne% Mai 1 To: J.~j~4c CC: ~e: Nc CC~lplalnt-a co~olime~t ~ ~ssa~tla%~l f~ssa Perki~ - ~N/~ sen% 09:57 OZ ~v 98 I ~t~ y~ to kn~ h~ ~t ~e foyer flor t~ks. ~ev~ did ~ job ~.is ~i~ ~ a ~ofessi~l. I ~ve ~d ~ople ask ~ if ~ ~ a n~ fl~r.~ ~ey ~ t~k ~ %i~ %o do ~e little ~le st~ into t~ ~s=~. ~ ~ese --ROM : GENERAL_SERVICES COMMUNITY SE~ PHONE NO. : Nov. i~ 1998 05:46PM Pi CAI-Nc~ ~ai! TO: ~ri~-~laft] audi r - cc: JeffH GaI-vC Mar~haP Re.: Frown MariaF~,~t%.t,~ud~ iMaria Roc~ue. - .~B,$I~% Sent %2:2~ !3 Nov 9~ This is iu"-t a little, note to let you know t, ow pleased ~ are wi~ t~e y~c la~V ~o doe~ t~ ~e~no ~ ~ fo~ flor. ~e a~ance ~ it's cle~ she t~es ~at ~i~ in h~ ~rk ~ ~e ~t~o~ ~e From Job_nMc Sen% 12:50 13 Nov 98 Thanks Maria, it's als~ys cjrea% to here cc~olime~ts mhd not just the. ¢~m~laints. I'll ~or~mrd this %o the janitorial c~,~any, Golden Werk. ~OM : GENERAL_SERUICES COMMUNITY PHONE NO. ; Nov. 15 1990 05:~GPM P2 TO: carolS{aftlaudl --- Cc: jeEfHGar~CMSrstmmP Re: C~%odial Imgrovem~ts Frc~am~rol~ftlaudl fC~rol Maz~ - pBS/I~IG) Se~t 09:A2 13 Nov 98 ROM : r-mNERAL-SERVICES COMMUNITY SER PHONE NO. : Apr. 3~ 19c~ 07:09AM P4 John McDowell Sent: TO: Subject: Ja'el Hyman Tuesday, April 27, 1999 11:36 AM John McDowell Janitorial Contractor Dear Mr. McDowell, I work in Construction Services, in the Building Depan'rnent Annex. I spoke to you some months ago to comment on the uncleanliness of the middle washroom in the annex. . . . . You informed me that a new cleaning company was soon to be starting with us and you would ask them to do thmr best. Please be advised that they are doing a super job in cleaning this small middle washToom, It is much cteaner, including the f~eors, toilet and sink, and smells much cleaner from the detergents heing used, ia bleach, etc. Their cleaning lady comes on a daily basis and works hard, and is always smiling and friendly. Thanks fo~ staying on top of this matter and helping remedy this situation. Sincerely. Ja'el Hymen Secretary to Building Official ~Ofiginal Messa~;c From: John McDowell [mailto:JohnMc~ci,ffiaud.fl.us] Sent: Wednesday, April 21, 1999 4:48 PM TO: Ja'el Hyman Subject: Janitorial Contractor ,ank$ for the compliment and can you send me an email or something in writing so t can fax it to them. ROM : C~N~RAL_SE-RUICES COMMUNITY SER PHONE NO. : Mag. 1~ 1999 11:~7~ P1 CITY OF FOItT. LAUDS--~T'~ PUBLIC SIzRVIC~-S DlZl~ARTM~NT TRANSMITTAL COVER SHKI~T TO: FROM: SUBJ: Gold=~ Mark Ja~itorlal A11qel a]modovar Pax 925-4336 Date:Ma 13 999 Shipping Ad~ress: john D. McDowalZ, Public Services/Community Service Bldg 94 220 S.W. l&~h Avenue Fort Lauderdale, Florida 33312 Municipal Operations Supez-zlsor Telephone: (954) 761~S??0 Fax: (954) 761-5835 Billing Ac~l~ess: City of Fort bauderd~le Finance Department 6th Floor 100 N. Andrews Avenue Fort Lauderdale, Flor£da 33301 Mailing Ac~=ess: City of Port Lauderd~le publlc Services Dept. 949 N.W. 38~.h Street Pt. Lau~erdale, FL 33~09 The atta~ ~;-=Dl~'t is ~or here at my eo~oun8 a.~8 the =eauest £or the vent ~le--~na ~s at the Parks/Fleet o£ftces. up the rood wG~k. m,-~er of pages being transmitted, including Cover Sheet: PLEASE COPY ~ DISTRIBUTE TO THE APPKOPKIATE PEILSON(s) . 2 FROM : GENERAL_SERVICES COMMUNITY ~ PHONE NO. : Ma~. 1'~ 1999 iI:F:SAM P~ CAI-Net Mail To: Jobz~4c '-' cc: JulieK ~e: Janitorial commen=s and r=quest From BobB · Sen= 11:08 1~ May 99 I j,,~C wante~ =o co~e~= on =he goo~ job uhe ja~itoial crew ~id s=ri~ing and waxing our office I got a recpAest ~roms parks a~min builcling =o habve Che a/c v~n~s clea~e~ across from the laclie~ res=room can you handle this. Thanks, 3UN 17'99 FORT LflUDERDelLE 15:45 No.O03 P.01 Golden Mark Janitorial Service 1323 iSouth 30TM Street HollYWood, FL 33022 Fax #[-(954) 925-4336 June i17, 1999 Dear Mr. Cosby i v~. ~r- very nleased with the work that Andres is do. ing. We hav.e gotten a lot o~'c~)~lir~-~n[~ from tenants that their offices are being cleaned mce~y and fhere are fewer complaints. He cleaned our stairwells and what a great job he did. He is doing a wonderful job. He works hard and it shows. We apprec/ate him and his work. We feel that he is an asset to your company. Sincerely, OFFICE OF SHELTAIR PROPERTIES 1100 LEE WAGENER BOULEVARD * FT. LAUDERDAI-E, FLORIDA 33315 * (305) 359-3650 Citibank, N.A. One Court Square Long Island City, NY 11101 Contact Name and Telephone Number: Mr. Joseph Etrasco Assistant Vice President (718) 248-6305 -Contract Approximately $3,000,000.00 Annually -190 Locations in the Greater New York Region -1,300,000 square feet -90 Janitorial Personnel -7 Supervisors -1988 To Present -Full Range of Services -All Work completed in a Safe and workmanlike Manner -Rigging License Crown Properties, Inc. 61 Broadway. New York, NY 10007 Contact Name and Telephone Number: Mr. Davar F. Radd President {212) 248-8200 -Contract Approximately $1,500,000.00 Annually -1 Location in the Greater New York Region -850,000 square feet -46 Janitorial Personnel -3 Supervisors -1997 To Present -Janitorial, Window Cleaning, Exterminating, Snow Removal, Light Maintenance, Carpet Cleaning, Porter/Handyman Service -All Work completed in a Safe and Workmanlike Manner -Rigging Ucense Me.¥ 20, 1998 I am the Proper~y Muaser of ~50,000 5I Bro~wsy in the ~nmiciei disn'ic~ Co. in D~-m~ b~r, 1997 mi I lave lmi the pri~i..'lege cffworking with l~l~t Denrich mi Comell ~ Gold,*,, ]l~k snper3~mr~ bye prov~ themselves to be both reepmm'ble end r~liable. Whmm~ ~,~'e ii. ~ pmblm li~ are qui~ ~o ~olden Mark has am~si.~ce~y perform~ in ~ smi.~mr~y m~nner mi ! w~uld hilly recommend the~ Ii'you heve eny fin-r~ queefions, ~I fi'cern ceil me. Sincerely, Marine Midland Bank 140 Broadway New York, NY 10005 Contact Name and Telephone Number: Mr. Frank Farley Vice President (212) 639-7079 .-Contract Approximately $500,000.00 Annually -50 Locations in the Greater New York RegioR -400,000 square feet -43 Janitorial Personnel -4 Supervisors -1996 To Present -Janitorial, Window Cleaning, Ught Maintenance, Shredding, Snow Removal -All Work completed in a Safe and Workmanlike Manner 7Rigging License Olmstead Properties, Inc. 575 Eighth Avenue New York, NY 10018 -~... Suite 2400 Contact Name and Telephone' Number: Mr. Steven Ganeless Director of Acquitions (212} 564-6662 Extension 206 -Contract Approximately $1,000,000.00 Annually -5 Locations in the Greater New York Region ° -322,000 square feet -27 Janitorial Personnel -4 Supervisors -1995 To Present ' -Janitorial, Window Cleaning, Exterminating -All Work completed in a Safe and Workmanlike MEnner -Rigging Ucense SPECIFICATIONS continued ...... CUSTODIAL SERVICE LOCATIONS .! CITY HALL /21,781 sa.ft.) '-~ 100 E. Boynto~-l~e-ach Blvd., Boynton Beach FREQUENCY: Monday through Friday (5 days) / Once Daily CHAMBERS (3.072 sq.ft.) 100 E. Boynton Beach Blvd., Boynton Beach iFREQUENCY: Monday through Friday (5 days) / Once Daily POLICE STATION (19.896 sq.ft.) 100 E. Boynton Beach Blvd., Boynton Beach iFREQUENCY: Monday through Friday (5 days) / Once Daily PARKING GARAGE (53.347 so.ft.] II00 E. Boymon Beach Blvd., Boymon Beach FREQUENCY: Monday through Friday (5 days) / Once Daily ~RE STATION #1 (9,580 ~a.ft.} - Only Areas as Noted on Floor 100 E. Boynton Beach Blvd., Boynton Beach FREQUENCY: Monday through Friday (5 days) / Once Daily EAST ~ lNG t14.981 so.ft.) [00 E. Baynton Beach Blvd., Boynton Beach ?REQUENCY: Monday through Friday (5 days) / Once Daily ~EST WING (17,652 so.fi.) L09 E. Boynton Beach Blvd., BOynton Beach FREQUENCY: Monday through Friday (5 days) / Once Daily HIGH SCHOOL ¢5.000 so.ft.) ~'~ ~27 East Ocean Avenue, Boynton Beach ~,/ f,~ ~REQUENCY: Monday through Friday (5 days) / Once Daily SCHOOLHOUSe. S M, .000 .... 1~9 East Ocean Avenue, Boyntofi Beach , , I~REQUENCY: Monday through Friday (5 days) / Once Daily ~/2~38 South Seacrest Blvd., Boynton Beach - FREQUENCY: Monday through Friday (5 days) / Once Daily L-~~ 1~$ S.E. 2"~ Avenue, Boynton Beach F~EQUENCY: Monday through Friday (5 days) / Once Daily THIS PAGE TO BE SUBMrI-FED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE SPECIFICATIONS continued ...... 22. EZELL HESTER PARK COMMUNITY CENTER (21,921 sq.ft.) CONCESSION BIHLDING (685 sq.ft.) OFFICE/RESTROOM BUILDING (1,033 sq.ft.) 1901 North Seacrest Blvd., Boynton Beach FREQUENCY: S~mday through Saturday (7 days) / Once Daily 23. OCEANFRONT PARK WOMEN'S RESTROOM BUILDING (1,024 sq.ft.) MEN'S RESTROOM BUILDING (1,024 sq.ft.) 6415 North Ocean Blvd., Ocean Ridge FREQUENCY: Sunday through Saturday (7 days) / Once Daily 24. SENIOR CENTER - PHASE 1 (3.000 sa.ltl 1012 South Federal Highway, Boynton Beach FREQUENCY: Monday through Friday (5 days) / Once Daily 25. WILSON CENTER ¢5.792 sa.fL3 211 N.W. t3t~ Avenue, Boynton Beach FREQUENCY: Monday through Friday (5 days) / Once DailY 26. CONGRESS AVENUE PARK RACQUET CENTER PROSHOP/OFFICE/RESTROOMS (1,596 sq.ft.) 3111 South Congress Avenue, Boynton Beach FREQUENCY: Sunday through Saturday (7 days) / Once Daily 27. CITY HAl,I, IN THE MALL (1.600 sa.fL] 801 North Congress Avenue, Boynton Beach FREQUENCY: Monday - Wednesday - Friday (3 days) / Once DailY 28. MANGROVE PARK I~E~TROOM BUILDING (475 sa.ft.] 700 N.E. 4~ Avenue, Boynton Beach FREQUENCY: Monday - Wednesday - Friday (3 days) / Once Daily 29. PALMETTO GI~I~I~.NS PARK RESTROOM BUILDING (238 sa.fL3 421 N.E. 13a Avenue, Boynton Beach FREQUENCY: Monday - Wednesday - Friday (3 days) / Once Daily 30. MEADOWS PARK RESTROOM BUILDING (740 sa.ft3 4305 North Congress Avenue, Boynton Beach FREQUENCY: Sunday through Saturday (7 days) / Once Daily 31. GALAXY PARK RESTROOM BUILDING (603 sa.fL3 461 West Boymon Beach Blvd., Boynton Beach FREQUENCY: Monday through Friday (5 days) / Once Daily THIS PAGE TO BE SLrBMI'IWI'~<D ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE SPECIFICATIONS continued ...... 32. LITTLE LEAGUE PARK RESTROOM BUILDING (1,422 sq.ft.) 300 S.W. 15~" Avenue, Boynton Beach FREQUENCY: Sun'day through Saturday (7 days) / Once Daily 33. PENCE PARK'~,I~STROOM BUILDING (153 sa.ft3 600 S.E. 4~ Street, Boymon Beach FREQUENCY: Monday through Friday (5 days) / Once Daily 34. SARA SIMS PARK OFFICE/RESTROOM BUILDING (600 sa.ft3 2011 N.W. 9~" Court, Boynton Beach FREQUENCY: Monday through Friday (5 days) / Once Daily 35. PIONEER CANAL PARK RESTROOM BUILDING (578 sa.ft.} 848 N.W. 13a Avenue, Boynton Beach FREQUENCY: Tuesdays and Thursdays (2 days) / Once Daily 36. UTILITIES OPERATIONS BUILDING (15,128 sa.ft3 125 East Woolbright Road, Boynton Beach FREQUENCY: Monday through Friday (5 days) / Once Daily THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 SPECIFICATIONS continued ...... TASK FREQUENCY LIST TASK NO. ' TASK FREQUENCY 1 Clean and Disinfect Drinking Fountmns Daily 2 ff - Clean and Disinfect Fixtures Daily 3 Clean and ~efill Floor Drains Monthly 4 Damp Mop Non-Carpeted Areas Daily 5 Descale Toilets and Urinals Daily 6 Di.~infeet All Surfaces Daily 7 Dust Furniture Surfaces Weekly 8 Dust Buildin~ Surfaces Weekly 9 Dust Mop or Sweep Non-Carpeted Floors Daily 10 Empty Trash and Recycling Receptacles Daily 11 Overhead D. etin~ Monthly 12 Overhead Cl~.nning Monthly 13 Polish Stainless Steel Daily 14 Refill Dispensers Daily - 15 Remove Carpet Stain.~ Daily 16 Spot Clean Building Surfaces Weekly 17 Spot Clean Furniture Weekly 18 Spot Mop Daily 19 SprayBuff Weekly 20 V~em~m Completely Daily 21 Vacuum Traffic Lanes Daily 22 Vacuum Visible Soil Daily 23 Wash Exterior Glass Quarterly 24 Wash Interior Glass Monthly 25 Wet Clean Floors Daily 26 Custodial Closet Daily 27 Elevators Daily TIdlS PAGE TO BE SUBMI'I'I'KI) ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 20 SPECIFICATIONS continued ...... TASK SPECIFICATIONS I. CLEAN AND DISINFECT DRINKING FOUNTAINS ,)~ / Vendor shall use spray bottles of germicidal detergent solutions, sponges, clean cloths, ~ ' - scrub pads, and er~me cleanser to remove all obvious soil, streaks, smudges, etc. from the dhnking fountains and cabinets; then, disinfect all porcelain and polished metal surfaces including the orifices and drains. After cleaning and disinfecting, the entire drinking fountain shall be free of streaks, stains, spots, smudges, scale, and other removable soil. ICLEAN AND DISINFECT FIXTURES ~ Vendor shall use spray bottles or pump-up sprayers to apply germicidal detergent solution to all surfaces of wash basins, toilets, urinals, showers, and adjacent surfaces. Vendor shall use clean cloths or sponges (except inside toilet bowls and urinals where the vendor shall use bowl mops) to remove soil from all surfaces of these fixtures and . adjacent surfaces. Vendor shall use cr~ne cleanser and scrub pads to remove soil not removed by the sponges or cloths and germicidal detergent solution. Vendor shall use dry cloths to dry metal surfaces of faucets, handles, valves, etc. Cloths and sponges used in cleaning and disinfecting toilets, urinals, and other surfaces contaminated with urine or feces shall be color readY and distinguishable from cloths and sponges used on other surfaces and fixtures. . Vendor shall use a plumbing plunger to unstop clogged toilets. CLEAN AND REFILL FLOOR DRAINS ~L~ Vendor shall use a floor drain brash to clean floor drains. ~'~-" Vendor shall use er~me cleanser and scrub pads to remove corrosion and tarnish. }'rd' Vendor shall pour a solution of germicidal detergent down the floor drain to fill the drain trap and prevent the escape of sewer gas. THIS PAGE TO BE SUBMITTED ALONG WITH PRoPosAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 21 SPECIFICATIONS continued ...... 4. DAMP MOP NON-CARPETED.FLOORS .]~./ Vendor shall u~e detergent solution and mops to remove soil from non-carpeted floors and baseboards, which cannot be removed by sweeping, dust mopping or vacuuming. Vendor shai[ dust mop floors, which are coated with floor finish prior to damp mopping. .... Vendor shall sweep other floor surfaces prior to damp mopping. ..... Vendor shall damp mop all areas of the floor. After the floor has been damp mopped, it shall have a uniform appearance free of soil, stains, streaks, swirl marks, detergent film or any observable soil which can be removed by damp mopping. ,~C,' In rest moms, locker moms, and food areas, the vendor shall use germicidal detergent ~ solutions instead of detergent solutions. 5. DESCALE TOILETS AND URINALS f;~,(/ Vendor shall use acid-type bowl cleaner and nylon bowl mops to remove scale, scum, mineral deposits, mst stains, etc. from the inside of toilet bowls and urinals. 6. DISINFECT ALL SURFACES Vendor shall use sponges, damp cloths, squeegees, and germicidal detergent solutions from spray bottles, or pump-on sprayers to damp wipe and disinfect all surfaces of furniture, fixtures, walls, partitionS, door~, toilets, urinals, sinks, etc. Empty sanitary napkin receptacles and clean and disinfect. 7. DUST FURNITURE SURFACES Vendor shall use dusting tools, treated dust cloths or vacuum cleaners with dusting attachments to remove all dust, lint, litter, dry soil, etc., from the surfaces of chairs, telephones, lamps, tables, counters, cabinets, shelves, computers and printers, and other types of furniture and surfaces which are not considered to be building surfaces or building fixtures. Vendor shall accomplish dusting by the removal of soil fi'om the area - not by moving it from one surface to another. THIS PAGE TO BE SUBMrvi'~<D ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 22 SPECIFICATIONS continued ...... 8. DUST BUILDING SURFACES .. Vendor shall use dusting tools, treated dust cloths, or vacuum cleaners with dusting attachments to remove all dust, lint, litter, dry soil, etc. from the surfaces of ledges, air conditionalz'.eliffusers, air returns, heater convectors, window sills, fire extinguishers, walls, door frames and sills, ceiling-mounted fans, fixtures, partitions, rails, blinds and other types of fixtures and surfaces which are not considered to be furniture surfaces or specialty equipment such as test equipment, computers, typewriters, calculators, etc. below 9 feet from the floor surface. Vendor shall dust up to a height of 20 feet from the floor surface at the interior and exterior of exterior entry areas. Vendor shall accomplish dusting by the removal of soil from the area - not by moving it from one surface to another. :~),:~ / Vendor shall use only untreated lambswool dusting tools on artwork. 9. DUST MOP OR SWEEP NON-CARPETED FLOORS ¢ . Vendor shall use treated dust mops, brooms and vacuums to remove soil and litter from non-carpeted floOrs. f~:~4/ On resilient tile, tenazzo, and other smooth finished floor surfaces, the vendor shall use treated dust mops. On rough, unsealed concrete, or other floors where dust mopping is not effective, the vendor shall use brooms. Prior to dust mopping the floor surface, the vendor shall use putty knives to remove gum, tar, and other sticky substances from the floor. ·. Vendor shall use a dustpan to remove accumulated soil and litter. .. After the floor has been dust mopped or swept, the floor surface, including comers and abutments, shall be free of dust, litter, and debris that can be removed by dust mopping or vacuuming or with a putty knife. Vendor shall vacuum elevator floor and door tracks and other areas such as comers, and hard-to-reach areas. Vendor shall use a vacuum to remove moisture and ~ soil from carpeted type entrance mats. Vendor shall use carpet stain remover and gum remover to remove carpet stains and gummy soil. Vendor shall clean exterior entrance mats by hosing with water and/or vacuuming. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 23 SPECIFICATIONS continued ...... Vendor shall clean all exterior walkways attached to the building and also all floors of the Parking Garage.- 10. EMPTY TRA~SH AND RECYCLING RECEPTACLES Vendor shall empty and return to their appropriate location all wastebaskets, cigarette ash receptacles, and other trash containers. Vendor shall remove all litter; cans, papers, and other containers marked "TRASH". · Empty all cigarette ash receptacles and other trash containers outside the entranceways. Vendor shall remove all collected trash and recycling to area(s) on the site or within the building as designated by the City representative in such a manner as to prevent the adjacent area fi.om becoming littered by such trash. ,~'L~t/' Vendor shall supply and replace all obviously soiled or tom trash receptacle liners with a J ' new trash receptacle liner as supplied by the City. (Dt~/Vendor shall replace the liner in such a manner as to present a neat, uniform appearance. ~L,' Vendor shall use damp cloths, sponges, and detergent solution or er~me cleanser and ~" scrub pads to remove nonpermanent stains and soil fi.om the interior and exterior of trash receptacles. ),~(~ Vendor shall crush and breakdown non-recyclable boxes to conserve receptacle space. ~,yL/Over flow must be placed into receptacle when space is available. 11. OVERHEAD DUSTING _~/Vendor shall remove all dust, spider webs, litter, etc. from all fixtures .and surfaces fi.om the top of the floor up to and including the ceiling that are visible fi.om the floor surface below or adjacent floor levels, balconies, stairs, etc. This includes exposed surfaces of lights, grilles, light fixtures, pipes, sprinkler system, cables, ledges, walls, ceilings, vents, etc. Vendor shall accomplish high dusting by using treated dust cloths, treated dusting tools, damp sponges, and tank vacuum with crevice tools, brush attachments, and wall attachments. THIS PAGE TO BE SUB1Vii'i-i'~;D ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 24 SPECIFICATIONS continued ...... 12.1 OVER.HEAD CLEANING ~ Vendor shall remove-soil and stains, dust and spider webs, litter, etc. from all fixtures and surfaces fi-om the top of the floor up to and including the ceiling. This includes exposed surfaces of.lights, grilles, light fixtures, skylights, pipes, sprinkler system, cables, ledges, walls, ceiling, vents, etc. ~%/~ Vendor shall accomplish overhead cleaning by using treated dust cloths, treated dusting tools, damp sponges, and tank vacuums with crevice tools, brush attachments, and wall washing equipment. 13. POLISH STAINLESS STEEL :~,..~/ Vendor shall polish stainless steel surfaces with stainless steel polish and a soft cloth. ~]~J Vendor shall remove excess stainless steel polish. . &~g/~Vendor shall use clean cloths, glass cleaner, detergent, and degreaser to remove smudges, fingerprints, marks, streaks, tape, etc. that stainless steel polish cannot remove. 14.i REFILL DISPENSERS ~P}t~./ Vendor shall check and refill each toilet hand paper dispenser, soap dispenser, paper towel dispenser, and seat-cover dispenser. k//Vendor shall place supplies in dispensers in accordance with the directions of the supplier and dispenser manufacturers. ~ Vendor shall wipe surfaces adjacent to hand soap dispensers to remove spillage and leakage. Yendor shall refill sanitary, napkin dispensers and collect and retain coins from the dispensers, but the vendor will not be allowed to change the price charged without prior written approval fi-om the City. 15.!REMOVE CARPET STAINS _~ Vendor shall use carpet stain remover, a dampened utility brush, clean cloths, aerosol gum remover and wet/dry tank vacuums to remove non-permanent staln.~ from carpeted flOOrs. ~'/l~Vendor shall blot or vacuum and scrape as much of the stain from the carpet as practical before applying carpet stain remover to the carpet. THIS PAGE TO BE SUBI~I'FI'/~D ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COM. PLETE AND ACCEPTABLE 25 SPECIFICATIONS continued ...... ~Y~/Vendor shall spray carpet stain remover onto the stain and use a utility brush, if required. Afler the stain bas dissolved, the vendor shall blot and rub the stain up in such a manner as to prevent spreading of the stain. After the st~tn has been removed, the vendor shall blot or vacuum the carpet dry. 16. SPOT CLEAN BUILDING SURFACES Vendor shall use clean damp cloths, sponges, scrub pads, spray bottles of detergent solution, glass cleaner, or cr~me cleanser to remove smudges, fingerprints, marks, streaks, tape, etc. from the surfaces of ledges, windows; partition glass, window sills and blinds, fire extinguishers, walls, doors, door frames and sills, pictures, partitions, rails, and other types of fixtures and surfaces which are not considered to be furniture surfaces or specialty equipment such as test equipment, computers, typewriters,, calculators, etc. below 9 feet from the floor surface. Vendor shall perform spot cleaning up to a height of 10 feet from the floor surface at the interior and exterior of exterior entry areas. ,~.¥[,/Vendor shall polish stainless steel surfaces with stainleSs steel polish and soft clean cloths. {[,~V/ Vendor shall remove excess stainless steel polish. ~/t9~/ Vendor shall use a clean cloth, glass cleaner, or erda'ne cleanser to remove smudges, fingerprints, marks, streaks, tape, etc. that stainless steel polish cannot remove. ~'/City representative shall designate artwork that is not to be spot cleaned by the vendor. 17. SPOT CLEAN FURNITURE Vendor shall use clean damp cloths, sponges, scrub pads, spray bottles of detergent '" solutions, glass cleaner, or cra'ne cleanser to remove smudges, fingerprints, marks, streaks, tape, etc. from the surface of chairs, telephones, cleared surfaces of desks, lamps, tables, cabinets, counters, shelves, and other types of furniture and surfaces which are not considered to be building surfaces or building fixtures. ;~-~/Typewriters, and other similar desk items are not to be calculators, computers, staplers, disturbed. THIS PAGE TO BE SUBMITI'ED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 26 SPECIFICATIONS continued ...... 18. SPOT MOP Vendor shall use detergent solution and mops to remove spots, spills, and obvious soil from non-carpeted floors Which cannot be removed by vacuuming or dust mopping. After the fl~br has been spot mopped, it shall have a uniform appearance free of soil, stains, streaks, swirl marks, detergent film, or any observable soil which can be removed by damp mopping. /~.~{/ In rooms exam or treatment areas, vendor shall use germicidal rest and medical ihe detergent solution instead of detergent solution. 19. SPRAYBUFF Vendor shall dust mop and damp mop the floor surfaces in preparation for spray buffing. Vendor shall use single-disc floor machines, buffing pads, and spray bottles with spray buffing solution to restore a uniform gloss and protective finish to resilient tile or terrazzo floors, which are finished with a floor finish. Vendor shall use non-slip solutions, finishes, and seals. Spray buff solution shall be. a premixed solution formulated as a companion product to the finish already on the floor. .. Vendor shall dust mop the floor surface af~er spray buffing. After spray buffing, the entire floor shall have a uniform, glossy appearance, free of scuff marks, heel marks, and other stains, and shall have a uniform coating of floor finish. )~JL.' Vendor shall remove all spray buff solution from baseboards, furniture, trash receptacles, etc. 20.' ~'ACUUM COMPLETELY Vendor shall use a carpet vacuum to remove visible and hidden soil and debris from the carpet surface and from within the carpet pile. Vendor shall use a hose and brush or crevice attachment to vacuum areas inaccessible to the carpet vacuum. Af~er completely vacuuming, the carpet shall be free of all visible soil and litter and all soil which can be removed from the carpet pile. TI-HS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 27 SPECIFICATIONS continued ...... 21. VACUUM TRAFFIC LANES traffic patterns and lanes ~,/)~ Vendor shall usg a carpet vacuum to vacuum of carpeted floors to remove soil and debris from the carpet surface and pile and to raise the carpet pile. /~4'~ Vendor shali use a hose and brush or crevice attachment to vacuum areas inaccessible to the carpet vacuum. 22. VACUUM VISIBLE SOIL Vendor shall use a carpet vacuum to remove visible soil and debris from the carpet Surface, Vendor shall use a hose and brash or crevice attachment to vacuum areas inaccessible to the carpet vacuum. After vacuuming, the carpet shall be free of all-visible soil and litter. Vacuum elevator floor and door tracks. Use a vacuum cleaner to remove moisture and dry soil,from carpeted type entrance mats. Vendor shall use carpet stain remover and gum remover to remove carpet stains and gummy soil from entrance mats. 23. WASH EXTERIOR GLASS Vendor shall use glass window washing equipment, glass cleaner, ladders, scaffolding, sofl cloths, squeegees, etc. to remove soil, tape, grease, smoke, spots, and stains from the interior side and exterior side of glass in exterior walls, doors, partitions, etc. Vendor shall use cleaner metal polish, detergent, degreaser, soft cloths, ladders, " scaffolding, etc. to remove soil, tape, grease, smoke, spots, and stains, from the interior side and exterior side of window frames and window ledges. Vendor must wash exterior glass over roadways, walks, etc., at times that do not interfere with pedestrian traffic. 24. WASH INTERIOR GLASS ]'~'~ Vendor shall use glass cleaner, ladders, soft cloths, squeegees; etc. to remove soil, tape, grease, smoke, spots, and stains from glass in inte. rior walls, doors, partitions, glass frames, ledges, entrance/exit doors, and area glass outside and inside, etc. THIS PAGE TO BE 5UBMITI'£D ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 28 SPECIFICATIONS continued ...... /~t~ Use metal polish, detergent, degreaser, cr~me cleanser, sofl cloths, abrasive pads, ladders, etc. to remove soil, tape, grease, smoke spots, and stains of interior glass frames and ledges. 25. WET CLEAN FLOORS Vendor shall use detergent solution, wet mops, buckets and wringers, deck brushes, comer brushes, swivel pad holders and abrasive pads, .and putty knives to remove soil from non-carpeted floors which cannot be removed by vacuuming or dust mopping. Vendor shall apply detergent solution to the entire floor area and allow it to remain for three to five minutes. ~,g~ Vendor shall use scrub brushes to remove spots and stains not removed by mopping. ~(, In with floor drains, the vendor shall the floor dry and then rinse with areas squeegee ' clear water. In areas without a floor drain, the vendor shall use wet mops and mop buckets and wringers or wet/dry tank vacuums to pick up the solution, and then rinse with clean water. twice. Vendor shall wet clean all accessible areas. Vendor shall dust mop floors, which are coated with floor finish prior to damp mopping. Vendor shall vacuum other floor surfaces prior to damp mopping. Vendor shall take care as required to prevent splash and mop marks from being left on baseboards, furniture legs, doors, etc. After the floor has been wet cleaned, detergent film or any observable soil can be removed by damp mopping. In areas where floor finish or floor seal has not been apphed to the floor surface and greasy soil must be removed, the vendor shall use a solution of degreaser. 26. ]CUSTODIAL CLOSETS t~q'~ Keep floors clean and dry. _~ Keep shelves stocked and in order. ~. Properly store floor machines, mops, brooms, janitor carts, etc. THIS PAGE TO BE SUIII~II'YrKD ALONG WITIcI PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMi~LETlg AND ACCEPTABLE 29 SPECII~ICATIONS continued ...... g l/~Keep closets free from safety hazards. .,/2/~×Clean and/or vacuum A/C diffusers. 27. ELEVATORS ~, ?~ Clean doors and frames. ~/~{/. Vacuum and wipe down floors. 28. OPTION #2 - VINYL FLOOR MAINTENANCE t/~'~ Reference all buildings with vinyl flooring. Include a price to strip and wax all vinyl floors twice a year. ~/~.×l:loor f'mish to have one (1) coat of sealer and at least four (4) coats of wax. ~,~/ Buff and polish as necessary to produce an original "wet" shine. THIS PAGE TO BE SUBI~III-I KD ALONG WITH PROPOSAL LN ORDER FOR BID PACKAGE TO BE CONSIDERED CO,XiPLETE AND ACCEPTABLE 30 pROPOSAL continued ...... CUSTODIAL SERVICES FOR CITY FACILITIES SERVICE LOCATION .ANNUAL SERVICE LOCATION ANNUAL ' COST COST 1.) CIT~ HALL .... 20.) MAUSOLEUM CHAPEL ~.- 14,424.00 2,652.00 2.) CHAMBERS 21,) BOAT CLUB PARK 3,360.00 4,704.0( 3.) POLICE STATION 22.) EZELL HESTER PARK 13,176.00 20,240.00 40 PARK/NG GARAGE 23.) OCEANFRONT PARK 8,760.00 4,704.00 $.) FIRE ~TATION #1 24.) SENIOR CENTER 7,080.00 3,360.00 60 EAS~ WING ZS.) WILSON C]~iTER 10,020.00 5,160.00 7.) WEST WLNG 26,) CONGRESS AVENUE i 11,820.00 PAR~ 4,704.00 8.) HIGI~ SCHOOL 27.) CITY ILar.r. IN THE ! 4,440.00 MALL 2,016.00 9.) 1913 SCHOOLHOUSE 28.) MANGROVE PARK MUSEUM 5,940.00 RESTROOM BUILDING 2,016.00 0.) LIBKARY 295 PALIVI~TTO GR~h-NS ~ 18,240.00 PARK KESTROOM 2,016.00 3O.) MEADO%VS PARK 11.) ART ~ENTER : 5,88O.OO RF, STROOM BUILDING 4,704.00 31.) GALAXY PARK 12.) MADSEN C~NTER i 3,360.00 RESTKOOM BUILDING 3,360.0 13.) CMd CENTER 32.) LITTLE r.~,GUE PARK ; 7,200.00 KESTROOM BUILDING 4,704.01 14.) P.W. #1 335 PENCE PARK 9,540.00 RESTROOM BUILDING 3,360.0~ 15.) P.W. #2 34.) SARA SIMS PARK 8,160.00 OFFICE/R~STROOM 3,360.0t ~ BUn'DING ! 35.) PIONE]~ CANAL PARK 16.)P.W.,3 4,551.00 RESTROOMBUILDING 1,344.0~ 17.) FIRE STATION #3 36.) UTILITY OPERATIONS 0 458 00 [ ' ' BUILDING 18.) PISTOL POuNGE 1, '/64.0( ]49 ) CEMETERY MAINT ' BUILDING RESTROOM 2,016.00 TOTAL ANNUAL COST $222,593.. THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Richard A. Cosby Vice Presidcnt/~ Manager Monthly Visits Quality Control Operations Manager Bi- Weekly Visits Raul Marti Operations Bi-Weekly Visits Tralnh~g I-Iiring/Payroll/Trn~i-g Leadmen (3) Supervision Floor Crew (2) Projcet Work Utilitym~ (1) Windows/Proj~t Work On the following pages are number of cleaners and weekly hours by location. SERVICE LO,CATION GEN'L CLNRS WKLY HRS MONTHLY HRS City Hall 2 27.5 119 Chambers 1 5~0 21.5 Police Station 2 27.5 119 Parking Garage 1 20~0 87 Fire Station 1 12.5 54 East Wing 1 20.0 87 West Wing 1 20.0 87 High School 1 7.5 32.5 1913 Schoolhouse Museum 1 12.5 54 Library 2 35.0 151.5 Art Center I 7.5 32.5 Madsen Center 1 5.0 21.5 Civic Center I 12.5 54 i P.W. #1 1 20.0 87' i P.W. #2 1 12.5 54 [P.W. #3 1 7.5 32.5 [Fire Station 03 1 20.0 87 !Pistol Range 1 7.5 32.5 Cemetary Maint, Building Restroom 1 5.0 21.5 C!TS' OF BOYNTON BEACH MANNING S,_ H,oD,. =E - ( O?', ... " ' SERVICE LOCATION Mausleum Chapel GEN'L CLNRS WKLY HRS MONTHLY HRS 1 7.5 32.5 Boat Club Park 1 5.0 21.5 Ezeli Hester Park 2 27:5 119 Oceanfront Park 1 5.0 21.5 Senior Center 1 $.0 21.5 Wilson Center 1 7.5 32.5 Congress Avenue Park 1 5.0 21.5 City Hall in the Mall 1 5.0 21.5 Mangrove Park Restroom Building 1 5.0 21.5 Pailnetto Greens Park Restroom Building 1 5.0 21.5 Meadows Park Restrooln Building I 5.0 21.5 Galaxy Park Restrooln Building 1 5.0 21.5 Little League Park Restrooln Building I 5.0 21.5 Pence Park Restrooln Building 1 5.0 21.5 Sara Silns Park Office/Restrooln Building 1 5.0 21.5 Pioneer Canal Park Restrooln Building 1 5.0 21.5 Utility Operations' Building 1 20.0 87 Golden Mark Maintenance Statement of FaCt Golden Mark Maintenance (GMM) maintains a "Drag Free Workplace". AH potential employees are tested at a medical facility prior to work commencement. GMM conducts cr~ background checks on all potential e~fioyces prior to work commencement. GMM requires aH employees to be in company provided ~mlforms, displaying their photo identification badges. GMM maintains ample insurance coverage for the protection of both the company and the customer that includes an additional twenty-two raimon dollar umbrella support policy. GMM will make available pertinent parts of employee files and related payroll records for review by ' . authorized representaUves of The City of Boynton Beach upon request. GMM will provide in-depth classroom training one week prior to job commencement, consisting of various video tapes and written materials covering Orientation, People Management, Office ~leaning, Rest Room Cleaning; Floor Maintenance, Carpet Care, Ground Rules for Custodians, Safety, Blood and Body fluid spills, and "Right to Know". Continuing training will be performed o~ the job by managerial staff periodically. Training is available in both English and Spanish GMM is an affirmative action company and is an equal opportunity employment business concern. GMM will utilize a minority janitorial supplier, GMM.has a quality control program (see attached information). GMM has been in business for fiReen years, and has the financial capability to undertake any size ontract. Golden Mark of FlOrida, Corp. Management Team 1) 2) 3) 4) 5) Richard A. Cosby Vice President Four years with Golden Mark Twenty - Nine years in Housekeeping Service Carlos Larossa Operations Manager Three years with Golden Mark Fifteen years in Maintenance Business Ron Papp Branch Manager Three years with Golden Mark Seven years in Janitorial Field Raul Marti Operations Manager Four Years with Golden Mark Nineteen years in Janitorial Field Robson Dimitrov Area Supervisor Four months with Golden Mark Four years in Janitorial Field 6) Ezequiel Pineda Area Manager One year with Golden Mark Eleven years in Janitorial Field Requested City Commission Meetin~ Dates - [] November 21. 2000 [] De~ember 5. 2000 [] December 19 2000 [] Jarluary2, 2001 V-CONSENT AGENDA ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORIVI Date Final Form Must be Turned in to City Cl~rk's Office November 9. 2000 15:00 p.m. November 22. 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) December 20. 2000 (5:00 p.m.~ Requested City Comra/ssion Meetin~ Dates [] January 16, 200F [] February 6, 2001 [] February 20, 2001 [] March 6, 2001 Date Final Form Must be Turned in to CiW CI~rk's Office January 3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: ApproVe the Lloyd's Plaza (409 West Boynton Beach Blvd.) Non-conforming Landscaping & Signage Pilot Program resolution and contract. Request that staff may approve the payment of an "actual cost" for a cuntract line item, providing the adOitionat expenses above the "estimated cost" do not exceed $1,500 and are consistent with the guidelines of the prograixr Staffrecommends that this contract be approved based on guidelines of the pilot program. EXPLIMNATION: The 3~on-conforming Landscaping & Signage Pilot Program guidelines requires each applicant from the private business sector Io enter into a contract by resolution with the City of Boynton Beach. The enclosed contract includes all of the City's in~kim semice hours, fees, and shared costs within "Exhibit A" ($10,483). The City's total contributions are allocated on appro> imately a 50% match with the applicant's total project costs shown in "Exhibit B" ($10,396). The actual costs to compl :re any one of the items in "Exhibit B" could exceed estimated costs due to unanticipated costs or improvements involv ng landscaping, krigation or other improvements necessary to maximize code compliance and site beautification. Staff reques :s permission to approve additional actual costs up to $1,500 as a method of allowing for minor increases in project costs x ~hich enhance the subject project. PRO( .RAM IMPACT: This h the second of three anticipated Non-conforming Landscaping & Signage Pilot Program projects. The program has inifiat~ d interest from other commercial prope ,rty owners familiar with the program, many that are located along the main roadways in the city. FISCAL IMPACT: There ~s ctaxently $21,620 remaining in the account to complete the contract. Accouflt number: 121-5000-590-01-18. There ~tre nxo gl~emate fur~4squrces. -- Department Hea~'s Sfguature City Manager's Signature ] Develo~efit ~)e~artment I~/~ector City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A LANDSCAPE AND SIGNAGE IMPROVEMENT PILOT PROGRAM AGREEMENT, PROVING FOR BOTH TECHNICAL AND PROPERTY IMPROVEMENT ASSISTANCE TO LLOYD MILLANISE - LLOYD'S PLAZA, PROPERTY OWNERS WHOSE STRUCTURES AND SITES ARE NOT IN CONFORMANCE WITH TIlE CODE TO COMPLETE SPECIFIED PROJECTS, WHICH PROGRAM AND PROJECTS CONSTITUTE A PUBLIC PURPOSE; AND PROVIDING AN EFFECTIVE DATE. WItEREAS, City staff has designed a landscape and signage improvement pilot program to provide technical and property ~mprovement assistance to qualified private commercial property owners on non-conforming property;, and WHEREAS, the program, though not designed to bring property owners into full compliance, is designed to go as far as possible toward compliance without putting an undue hardship or burden on the owner of the commercial property; and WHEREAS, it has been determined by the City Commission that this pilot program will be serving a public purpose; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THI~ CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each WHEREAS clause set forth above is hereby ratified as being true and incorporated herein by this reference. Section 2. The City Commission upon recommendation of staff, does hereby authorize and direct the Mayor and City Clerk to execute a Landscape and Signage Improvement Pilot Program Agreement between the City of Boynton Beach and Lloyd Millanise - Lloyd Plaza, providing for technical and property improvement assistance on non-conforming property. Section 3. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ATTEST: City Clerk (Corporate Seal) __ day of January, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner LANDSCAPE AND SIGNAGE IMPROVEMENT PILOT PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this 19~h day of December 2000, by and between C!TY OF BOYNTON BEACH, a Florida municipal corporation, 100 East Boynton Beach Boulevard, Boynton Beach, Florida (hereinafter "City") and Lloyd Millanise, Lloyd's Plaza, located within the limits of the City of Boynton Beach, in the State of Florida, hereinafter "Applicant"). WlTNESSETH: WHEREAS, City has established the Landscape.and Signage Improvement Pilot Program (hereinafter "Pilot Program") to provide both technical and property improvement assistance to qualified private commercial property owners whose structures and sites are not in conformance with the Code to complete specified projects, which program and. projects constitute a public purpose; and WHEREAS, all grant, monies and/or materials, under this Program, shall be expended solely for the construction and completion of the specified project (hereinafter "Project"); and WHEREAS, the City has absolute sole discretion in selecting projects appropriate for the Pilot Program and the City provides the equipment, labor and material; and WHEREAS, the Program is conditioned upon satisfactory completion of the Project as well as the applicant providing the necessary labor, finance, access to the properbj for his/her share of the project as further described in Exhibit B. NOW, THEREFORE, in consideration of the mutual covenants described herein, and other good and valuable consideration, which the parties hereby determine to be sufficient, the parties agree as follows: 1. Above Provisions: The above provisions are hereby incorporated into this Agreement. 2. Pro,qram Award: City hereby awards Lloyd Millanise, LIoyds Plaza, a Program award in the total sum of $10,483.00, consisting of $2,200.00 and in kind services (See Exhibit A). Consistent with the program's guidelines, the City Manager or his designee, may at his discretion approve additional funds not to exceed $1,500.00 to cover for minor increases in project cost~. 3. Applicant's share of the project: Applicant hereby agrees to provide the necessary labor, finance, access to the property as his/her share of the project as specifically described in Exhibit B 4. Project: The parties hereto agree that the Project shall be as defined and described in this Agreement. Applicant further covenants to perform all work specified in Exhibit A, and B as part of this project. Applicant shall execute temporary and/or Rermanent construction easements at the request of CITY when the City in its discretion ~eems those easements necessary for City's performance of work. i 5. Term: The work activities to be performed by the Applicant, as part of the ~roject, are to commence on the 20~ day of December, 2000, and shall be comp. leted by the 30th day of March, 2001. If there is any need for an extension, Applicant shall submit a~ wdtten request to City for such an extension not later than thirty (30) days pdor to the termination date described herein. The City's grant',of an extension shall in no way constitute a waiver of any of the other terms of this Agreement. 6, Maintenance: Applicant must comply with all applicable laws, c~rdinances and Code and shall at his/her own expense, secure and pay for all permits ~ssociated with the of this other activities under this Performance project or any ~greement. Applicant hereby covenants to maintenance the constructed project performed on h~s/her property. The City shall not provide maintenance for improvements ~erformed on private property unless defined in Exhibit A and paragraph 2 of this /~greement as in kind services. If the project is not maintained per this Agreement, City V~ill send written notice of said default to Applicant via certified mail, retum receipt r~quested. Applicant has twenty (20) days from the date of the notice to cure said default. Applicant acknowledges and agrees that should Applicant fail to cure the default within said twenty-day period, City may cure said default, and bill Applicant for the materials and 2 services performed. Applicant acknowledges and agrees that it shall be liable for all costs for materials and services incurred by City in cudng said default. 7. Appliceble~ Laws: The Applicant must comply with all applicable laws, ordinances and. codes. Applicant shall, at his/her own expense, secure and pay for all permits and be responsible for all other fees or charges associated with the performance of the project or any other activities under this Agreement, unless specifically waived by this Agreement as in kind services on the part of the City. 8. Indemnification: The Applicant shall indemnify and hold the City harmless, including its elected officials, agents and employees, from and against all claims, damages, losses, and expenses, including but not limited to, attorney's fees and costs, arising out of or resulting from the carrying out of this Agreement, adsing out of any work activities performed under this Agreement, or constituting a breach of any term of this. Agreement. 10. Covenant Not To Sue: The Applicant covenants with the City that it will never at any future time sue the City for or on account of any claim for any damages adsing out of performance of this Agreement or construction of the Project specified herein. 11. Termination: The City shall have the right to terminate this Agreement for any breach of any term of this Agreement. A breach shall include, but not limited to failure to meet the requirements described herein and the two exhibits, including failure to begin work in the time and manner specified, failure to provide equipment or materials adequate to perform the project, or failure to complete the project by the designated dates which shall entitle the City to recovery of it's award. 12. Notice of Termination: Upon the City's determination that Applicant has breached any term of this Agreement, City will provide Applicant written notice of said breach, and provide, in the written notice, the corrective action that Applicant must take. If Applicant does not take the above-described corrective action within f~een (15) days of Applicant's receipt of the written notice; this Agreement shall terminate without any further 3 notice. The corrective action must be acceptable to the City in order to avoid termination hereunder. 13, Subsequent to Termination: City shall provide Applicant with a letter confirming terr~.~nation of the Agreement. Within thirty (30) days of receipt of this letter, Applicant shall submit to the City a cashier's check as repayment of the award provided by the. city under the terms of this Agreement. 14. Code Inspectors: The City reserves the dght to place code inspectors at the Project site to ensure that work is performed as specified. City does not assume any lilability for work performed or injudes incurred, in any manner, and does not act in a ~upervisory capacity. 15. Amendments: The City Commission shall have the authority to enter into ~mendments to this Agreement for the City. Any such amendments must be mutually Agreed upon by the parties and must be in writing. 16. Notice: Any notices to the Applicant, under this Agreement, shall be mailed to: Lloyd Millanise 409 West Boynton Beach Blvd. Boynton Beach, Flodda 33435 Any notices to the City, under this Agreement, shall be mailed to: City of Boynton Beach Neighborhood Project Specialist 100 East Beynton Beach Boulevard P.O. Box 310 Boy.nton Beach, Flodda 33425-0310 17. Entire ARreement: This Agreement incorporates the entire agreement between the parties hereto and no statements, representations, or terms, not included within the written terms of this Agreement, can be considered a part of this Agreement. 18. No ;..Waiver: This Agreement does not constitute a waiver of any applicable Codes or regulations nor does it constitute approval of the Project for development. All applicable Codes and regulations remain in force. IN WITNESS WHEREOF, the City and Applicant have executed this Landscape and Signage Improvement Pilot Program Agreement on the day and year first above wdtten. CITY OF BOYNTON BEACH By: Pdnt Name Title ATTEST: APPLICANT/ Witnesses to Applicant's (2): Pdnt Name, Title RESOLUTION NO. R99-~ A RESOLUTION OF THE CITY COMMISSION OF THE CiTY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A LANDSCAPE A_ND SIGNAGE IMPROVEMENT PILOT PROGPJ~M AGREEMENT, PROVIDING FOR BOTH TECHNICAL AND PROPERTY IMPROVEMENT ASSISTANCE TO DOUG BESECKER - GOODYEA~ TIRE STORE, WHOSE STRUCTt/~ES AND SITES ~qE NOT IN CONFORMANCE WiTH THE CODE TO COMPLETE SPECIFIED PROJECTS, WHICH PROGRAM AND PROJECTS CONSTITUTE A PUBLIC PURPOSE; AND PROVIDING AN EFFECTIVE DATE. W~..ER~AS~ City staff has designed a landscape and sign~ge improvemen~ pilot program to provide technical and property improveraent assistance to qualified private commercial property owners on non-conforming property; and WHEREAS, the program, though not designed to bring property owners into full compliance, is designed to go as far as possible toward compliance without putting an undue hardship or burden on the owner of the commercial property; and WHEREAS, it has been determined by the City Commission that this pilot program will be serving a public purpose; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COM~ISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, TF. AT: hereby ratified reference. , Each WHEREAS as being true and clause set forth above is incorporated herein by this $_~ .The City Commission upon recommendation of staff, does hereby authorize and direct the Mayor and City Clerk to execute a Landscape and Signage Improvement Pilot Program Agreement between the City of Boynton Beach and Doug Besecker - Goodyear Tire Store, providing for technical and LANDSCAPE AND SIGNAGE IMPROVEMENT PILOT PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this ~ day of .r~ by and betwe~r~ CITY OF BOYNTON BEACH, a Florida municipal cor~dratic~n,/J ~) Boynton Beach Boulevard Boynton Beach Ftodda (hereinafter"City"~ and 199~, 100 East located within the limits of the City of Boynton Beach, in the State of Florida, hereinafter "Applicant"). WlTNESSETH: WHEREAS, City has established the Landscape and Signage Improvement Pilot Program(hereinafter "Pilot Program") to provide both technical and property improvement assistance to qualified pdvate commercial property owners whose structures and sites are not in conformance with the Code to complete specified projects, which program and projects constitute a public purpose; and ~ WHEREAS, all grant, monies and/or materials, under this Program, shall be expended solely for the construction and completion of the specified project (hereinafter "Project"); and WHEREAS, the City has absolute sole discretion in selecting projects appropriate for the Pilot Program and the City provides the equipment, labor and material; and WHEREAS, the Program is conditioned upon satisfactory completion of the Project as well as the applicant providing the necessary labor, finance, access to the property for his/her share of the project as further described in Exhibit B. ." NOW, THEREFORE, in consideration of the mutual covenants described herein, and other good and valuable consideration, which the parties hereby determine to be sufficient, the Parties agree as follows: 1. Above Provisions:' The above provisions are hereby incorporated into this Agreement. 2. Proqram Award: City hereby awards Def~-.~e~ke~_ , a Program award in the total sum of consisting of~,,.,~ as in-kind services. (See Exhibit A) 3. Applicant's share of the proiect: Applicant hereby agrees to provide the necessary labor, finance, access to the property as his/her share of the project as ~pec fica y described in Exhibit B 4. Proiect: The parties hereto agree that the Project shall be as defined and described in this Agreement. Applicant further covenants to perform all work specified in Exhibit A, and B as part of this project. Applicant shall execute temporary and/or ~ermanent construction easements at the request of CITY when the City in its discretion deems those easements necessary for City's performance of work. 5. Term: The work activities to be performed by the Applicant, as part of the Rroject, are to commence on the .~ day of ,*,uc~ust ,-tJ9~_, and shall be completed b~, t e~h-- day of-Qete{~, ~-99~_. If there is any need for an extension, Applicant shall s~zbmit a written request to City for such an extension not later than thirty (30) days prior to tt~e termination date described herein. The City's graht of an extension shall in no way constitute a waiver of any of the other terms of this Agreement. 6. Maintenance.: Applicant must comply with all applicable laws, oidinances and Code and shall at his/her own expense, secure and pay for alt permits aCsociated with the performance of this project or any other activities under this Agreement. Applicant hereby covenants to maintenance the constructed project p+rformed on his/her property. The City shall not provide maintenance for improvements performed on private property unless defined in Exhibit A and paragraph 2 of this A~reement as in kind services. If the project is not maintained per this Agreement. City w!ll send written notice of said default to Applicant via certified mail, retum receipt re,quested. Applicant has twenty (20) days from the date of the notice to cure said default. Al~Plicent acknowledges and agrees that should Applicant fail to cure the default within sE id twenty-day period, City may cure said default, and bill Applicant for the materials and 2 services performed. Applicant acknowledges and agrees that it shall be liable for ali costs for materials and services incurred by City in curing said default. 7. Applicable Laws: The Applicant must comply with all applicable laws, ordinances an~.-codes. Applicant shall, at his/her own expense, secure and pay for all permits and be responsible for all other fees or charges associated with the performance of the project or any other activities under this Agreement, unless specifically waived by this Agreement as in kind services on the par[ of the City. 8. Indemnification: The Applicant shall indemnify and hold the City harmless, including its elected officials, agents and employees, from and against all claims, damages, losses, and expenses, including but not limited to, attomey's fees and costs, arising out of or resulting from the carwing out of this Agreement, arising out of any work activities performed under this Agreement, or constituting a breach of any term of this Agreement. 10. Covenant Not To Sue: The Applicant covenants with the City that it will never at any future time sue the City for or on account of any claim for any damages arising out of performance of this Agreement or cohstruction of the Project specified herein. 11. Termination: The City shall have the'right to terminate this Agreement for any breach of any term of this Agreement. A breach shall include, but not limited to failure to meet the requirements described herein and the two exhibits, including failure to begin work in the time and manner specified, failure to provide equipment or materials adequate to perform the project, or failure to complete the project by the designated dates which shal.l'entitle the City to recovery of it's award. 12. Notice of Termination: Upon the City's determination that Applicant has breached any term of this Agreement, City will provide Applicant written notice of said breach, and provide, in the wdtten notice, the corrective action that Applicant must take; If Applicant does not take the above-described corrective action within fif[een (15) days of Applicant's receipt of the written notice, this Agreement shall terminate without any fur[her notice. The corrective action must be acceptable to the City in order to avoid termination hereunder. 13. Subsequent to Termination: City shatl provide Applicant with a letter qonfirming termination of the Agreement. Within thirty (30) days of receipt of this letter, Applicant sha submit to the City a cashier's check as repayment of the award provided by the City under the terms of this Agreement. i 14. Code Inspectors: The City reserves the right to place code inspectors at the project site to ensure that work is p~rformed as specified. City does not assume any liability for work performed or injuries incurred, in any' manner, and does not act in a supervisory capac ry. 15. Amendments: The City Commission shall have the authority to enter into a~endments to this Agreement for the City. Ar~y such amendments must be mutually agreed upon by the parties and must be in writing. 16. Notice: Any notices to the Applicant, under this Agreement, shall be mailed- /Bovnton Beach,~"'FL 3342-~ ~ _~ ~/53- Any notices to the City, under this Agreement, shall be mailed to: City of Boynton Beach Neighborhood Project Specialist 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 4 17. Entire Aqreement: This Agreement incorporates the entire agreement between the parties hereto and no statements, represe8tations, or terms, not included within the written terms of this Agreement, can be considered a part of this Agreement. 18. No-.Waiver: This Agreement does not constitute a waiver of any applicable Codes or regulations nor does it constitute approval of the Project for development. All applicable Codes and regulations remain in force.' IN WITNESS WHEREOF, the City and Applicant have executed this Landscape and Signage Improvement Pilot Program Agreement on the day and year first above written. CITY OF BOYNTON BEACH Of 80~, ¢/4. Il'tie . IIIIIIIIII~,B 5 Witnesses To ApplicanT's (2): (LLOYD'S PLAZ_A) EXHIBIT "A" Contributions 'requested of City Departments: Grand Total City Departments in-kind services estimated hours / costs ..................... $2,200.00 Grand Total City Departments fees .................................................. ..... :.. i .... $1,313.00 Property Survey by Richard L. Shepherd and Associates Inc .................................. 430.00 Supply / Install 50% cost of asphalt resurfaces ........~ ......................................... $3,970.00 Supply/Install 50% cost of trees, hedges, sod ............................................ $2,470.00 City pay 50% landscape water usage bill; Ist month project complete ........................ 100.00 Total City project contributions ......... $10,483.00 (LLOYD'S PLAZA) EXHIBIT Contributions requested of City Departments: (hourly work rate is $12.45, & $4.35 benefit=S16.80) 1).i Planning Division: Site design drawing(s) (GIS disk) including; Est. # hrs. Est. cost a. disk camera photographs, before and after completed improvements ........ 2 ...:...$33.60 b. landscape materials, existing and proposed locations, specs., sq. ft tot. *Dept. of Development approved permit plans, revised staff comments ..... 3 ....... $50.40 c. non-confonning sign; existing / proposed changes, specs., sq.ft.tot. *Dept. of Development approved sign permit, revised staffcomments ...... 2 .......$33.60 d. irrigation plan, existing and proposed locations, specs., sq.ft, tot. * include detail of city water meter installation, location, specs ............... 3 ....... $50,40 e. city sewer and water services incl. manholes,(size, location), exist/new ..... 3 ....... $50.40 f. city water services (size, location), existing and proposed ..................... 2 ....... $33.60 g. overhead electric and telephone services, power poles ......................... 2 ....... $33.60 h. pavement areas to be resurfaced, construction details, tabulations ........... 3 ....... $50.40 i. trenching areas w/detail sheet, w/sleeves, between islands, tabulations....2 ....... $33.60 j. parking lot striping details, w/stop bars, handicap stall(s), tabulations ...... 3 ....... $50.40 k. horizontal control shown for parking lot and parking spaces .................. 2 ....... $33.60 1. raised curbing, exist. / new (min 18" height ) locations, tabulations ........ 2 ....... $33.60 m. stop, handicap, no-parking signs, exist. / new locations, tabulations ......... 3 ....... $50.40 n. dumpster pad construction details, exist./new locations ....................... 2 ....... $33.60 offsite improvements: o. ingress / egress closing (1) detail, Boynton Beach Boulevard .................2 ....... $33.60 p. sidewalk construction detail, exist. / new locations, specs., tabulations. :....3 ....... $50.40 q. service alley pavement area resurfaced, construct, details, tabulations ......2 ....... $33.60 r. freestanding sign(s), location(s), incl, landscape and irrigation ............... 3 ....... $50.40 s. drawings revisions as part of Development Department reviews ............ 2 ....... $33.60 t_. other improvements as required ............................................ __ 2 ...... $33.60 Total Division in-kind services estimated hours / costs 48 hrs. $806.40tot. (LLOXq)'S PLAZA) EXHIBIT "A" Contributions requested of City Departments: 2). Building Division: Permit application reviews, fees. a. site permit application review schedule and fee (value of work x 1.6%) .........2 b. site landscape review by (P&Z, Utilities Departments, 4 reviews) ...............2 c. site signage review by (P&Z, Building Departments, 4 reviews) ..................2 d. site irrigation review by (Building Department, 2 reviews, processing) .......... e. site pavement resurface review by (Engineering Depar~ent, 2 reviews) ....... 1 f. site parking lot striping review by (Engineering Department, 2 reviews .........1 g. site plumbing review by (Building Department, 2 reviews, processing) ......... 1 h. occupational license(s) review and fee(s) (if business located in city) ............ 1 i. State Dept. of Transportation (not required to close a driveway) j. general contractor (list); submit / pick up all permits, (one stop permitting)....2 k. mining review and fee by (Engineering, Building Departments, 2 reviews) ..... 2 I. hourly work rate is $12.45, & $4.35 benefit = $16.80 total ......................... 7 ...$117.60 Total Division in-kind services estimated hours / costs ........................ 22 ..$385.60 3). Utilities Department: City water service to landscape areas, reviews, fees a. calculate and pay landscape areas water usage capitalization fee .................. 1 ...$375.05 b. calculate, pay, water meter deposit fee ................................................ 1 .... $270.00 ¢. install irrigation system water meter .......................... i ........................ 1 .... rdc d. specifications; approved backflow preventer model(s), check valve .............. 1 ...$300.00 e. supply / install manhole cover riser(s) ................................................. 1 ...n/c f. City pay 50% landscape water usage bill; 1st month project complete ......... 1 ..$100.00 Total Division in-kind services estimated hours / costs ......................... 6 $1,045.05 Est.# hfs Est. cost fees .... $35.00 ...$233.00 (LLOYD'S PLAZA) EXHIBIT "A" Contribution~ requested of City Departmen ts: (hourly work rate is $12.45, & $4.35 benefit=S16.80) 4); Public Works Department: Asphalt / concrete work, signs, alley way work Est. # hrs.. Est. cost a. install trenching and make repairs to asphalt parking lot area ................ 3 .......$50.40 b. remove asphalt debris fi.om parking lot area .................................... 3 .......$50.40 c. remove concrete apron from egress (driveway to close) ....................... 3 .......$50.40 d. remove concrete debris fi.om egress area ......................................... 3 .......$50.40 e. install new sidewalk sections to close off existing egress ..................... 3 '. ...... $50.40 f. install raised curbing (min. 18" height ) as shown on plans .................. 3 .......$50.40 g. install subgrade materials to alley way behind sitd (North) ................... 3 .......$50.40 h. make repakrs / install asphalt; alley way behind site (North) .................. 3 .......$50.40 i. construct / install handicap, stop / no park signs; per plans 2 .......$33.60 Total Division in-kind services estimated hours / costs ....................26 ......$436.80 5. Neighborhood Specialist: facilitator, coordinate all activities a. coordinate all aspects of project to completion ................................ 50 .... $840.00 Grand Total City Depat hnents in-kind services estimated hours / costs.... ]. ........... 152 ...$2,200.00 Gr~nd Total City Deparhfients fees .................................................................. $1,313.00 4 EXHIBIT "B" Contributions proposed by applicant (LLoyd's Plaza) Improvement Cost Est. Actual Cost 1). Supply/install 50% costs, trees, hedges, sod ...... $ a. removal of poor soil .......................... $ b. backfill with topsoil .......................... $ c. slow release fertilizer ........................ $ d. trees staking ................................... $ e. mulch .......................................... $ f. 1,125 125 125 20 5O relocate large trees to site ................... $1,000 total cost items #1 and a. - f. $ 2,470 2). Supply / install irrigation system all landscaping.$ 2,000 a. rain sensor supply and install .............. $ 100 total cost items #2 and a. $ 2,100 3). Supply / install backflow preventer, cert.plumber.$ 250 a. pay deposit fee for backflow preventer...$ 100 b. pay fee for water meter installation ........ $ 100 c. restore surface area around meter .......... $ 50 total cost items #3 and a. - c. $ 500 4). Supply / install 50% cost of asphalt resurface ..... $ 2,365 a. re-stripe parking lot stalls, stop bars, etc.$ 415 b. supply / install new signs ................... $ 50 c. supply / install new car stops ............... $ 100 d. supply / install manhole risers .............. $ 25 e. install trenching and make repairs to asphalt between landscape areas ...........$ 300 f. install 18" raised curb as needed on site...$ 715 total cost item(s) ~4 and a.- f. .......... $ 3,970 5).General contractor: one stop pemaitting / fee(15%)$ 1,356 TOTAL PROJECT COST TO APPLICANT $10,396 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Requested City Commission Meeting Dates ~ - [] Nbvember 21, 2000 [] December 5, 2000 [] Dicember 19, 2000 [] J~muary 2, 2001 V-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.2. AGENDA ITEM REQUEST FORI,_ Date Final Form Must be Turned in to City Clerk's Office November 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) Requested City Commission Meeting Dates [] January 16,2001 [] Februmy 6, 200I [] February 20, 2001 [] March 6, 2001 Date Final Form Must be Turned in to CiW Clerk's Office Janumy 3, 2001 (5:00 p.m.) January 117, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21, 2001 (5:00 p.m.) NAT~IRE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation RECOMMENDATION: Approval of Agrgement between the Town of Highland Beach and the City of Boynton Beacl which allows the Highland Beach Police Department to utilize the City's firearm training facility (pistol range) for tr ~ining and qualification of police officers. EXP] ,ANATION: The City of Highland Beach Police Department does not own a firearms training facility and must atilize those maintained by other agencies in the area. The City of Boynton Beach does own and maintain a firem ms training facility (pistol range) for the training of Boynton Beach police officers. The Boynton Beach Police Depa 'tment has entered into agreements similar or identical to this one with other law enforcement agencies for the use o~ the firearms training facility. PRO~RAM IMPACT: There is no adverse impact on the operation of the Boyntan Beach Police department or its training programs as a result of this agreement. FISCAL IMPACT: The agreement provides for a cleaning fee for each eight (8) hours of range usage. ALTERNATIVES: None/q · Depa~ent Head's Signature Department Name SSBUI ,LETrN~ORMS~AGENDA ITEM REQUEST FORM.DOC City Manager's Signatm'e City Attorney / Financl~/Human Resources RESOLUTION R DI- 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 BETWEEN THE TOWN OF HIGHLAND BEACH AND THE CITY OF BOYNTON BEACH TO ALLOW HIGHLAND BEACH POLICE DEPARTMENT TO UTILIZE THE CiTY OF BOYNTON BEACH FIREARM TRAINING FACILITY FOR TRAINING AND QUAL/FICATION OF POLICE OFFICERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach own and maintain a firearm training facility for the training of its police officers, and; WttEREAS, upon recommendation of staff, the City Commission desires to enter into an agreement to permit Highland Beach Police Department to utilize the City's firearm training facility for training and qualification of its police officers, and; NOW, TH~:REFORE, BE IT RESOLVED BY I'H~: CITY COMMISSION OF THE. CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission does hereby authorize and direct the Mayor and City Clerk to execute an Agreement between the Town of Highland Beach and the City of Boynton Beach, providing for use of City's firearm training facility, which Agreement is attached hereto as Exhibit "A'. Section 2 That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of January, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) s:cakResokInterlocalskHighland Beach -Pistol Range 122600 10:00 a.m. CITY OF BOYNTON BEACH, FLORIDA INTER-OFFIC~ ~MORANDUM TO: CITY ATTORNEY DATE: ! 5 DECEMBER 2000 FILE: SUBJECT: AGENDA ITEM FROM: ASSISTANT CHIE13 OF REFERENCES: AGREEMENT BETWEEN TOWN OF ' POLICE _ HIGHLAND BEACH AND CITY OF ~~/~~N BOYNTON BEACH CLOSURES: AGREEMENT Attached Please find two coPies of the Agreement for the use of our pistol range by the Town of Highland Beach. Both of these documents are originals which have been executed by the appropriate Highland Beach officials. Please prepare a Resolution for the Commission and forward to the City Clerk. Thank you for your assistance. AGREEMENT THIS AGREEMENT is made and entered into this 8 e.h day of ~qovo_mh~r ,200 0 , by and between the CITY OF BOYNTON BEACH, a Florida Municipality, hereafter referred to as "CITY" and the TOWN OF HIGHLAND BEACH hereafter referred to as "DEPARTMENT" WITNESSETH: WHEREAS, the City is the proprietor of a firing range upon a site situated at 3501 N. Congress Avenue, Boynton Beach, Palm Beach County, Florida; and WHEREAS, the DEPARTMENT seeks permission of the CITY to utilize this training apparatus, for the training of its agents and employees; NOW, THEREFORE, in consideration of the parties' mutual interest and Objectives in providing professional, competent training, it is understood and agreed between the parties hereto as follows: The term of this Agreement shall be for a one (1) year period commencing on the date of execution The City shall provide supervision during any use of, or training exercise conducted on said range. o The DEPARTMENT shall cause its agents and employees to conform their conduct with regard to the use of the Boynton Beach firing range in accordance with the law and rules and regulations established by CITY which are attached and incorporated into this Agreement as if fully set forth herein, identified as Exhibit "A". The DEPARTMENT shall provide the CITY written notice of the date and time it seeks permission to use said firing range. The DEPARTMENT shall reimburse the CITY a usage and cleaning fee of $85.00 (eighty-five dollars) per each eight (8) hours of use of the f'ning line if the DEPARTMENT requires use during non-operating hours. Payment will be required prior to the use of the range. Make checks payable to: City of Boymon Beach. The DEPARTMENT shall use only munitions that are classified as clean- fire ammunition for the caliber that will be in use. The only exception will be shotgun amrn~tion that is not clean-fire classified at this time (but will be required when manufactured). 10. 11. 12. 13. 14. The CITY expressly reserves the right to deny use of the range in the event the intended use of the DEPARTMENT is in conflict with any other use or training. There shall be no charge to the DEPARTMENT for use of the range facilities; however, the DEPARTMENT shall be responsible for any costs or expenses incurred for targets, munition, cleaning supplies and other related training items when utilized during the CITY's normal operational hours of training. If, in the sole discretion of the CITY, the DEPARTMENT falls to reasonably conform to the requirements of this Agreement, the Agreement may be terminated at any time upon written notice. The DEPARTMENT is not permitted to include any guest, independent contractor or any other person under the terms or conditions of this Agreement. Any notice required or permitted to be given under this Agreement shall be in writing and mailed to: BOYNTON BEACH HIGHLAND BEACH City Manager P.O. Box 310 Boynton Beach, FL 33425 Town Manager 3614 So Ocean Blvd Highland Beach, FL 33487 This Agreement is not assignable. The DEPARTMENT assumes all liability and responsibility for damage, injury or death arising out of the conduct of its agents and employees in accordance with the provisions of Section 768.28, Florida Statutes. This Instrument contains the entire Agreement between the parties. It may not be changed orally, but only in writing and signed by both parties. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF BOYNTON BEACH, FLORIDA By: TOWN OF:HIGHLAND~EA~-I, FLORIDA Mayor Mayor Thomas J. Reid Approved as to form: By: City Attorney Appr°ved as t T~o°wnrmn:~ E. Sliney Department: By: ATTEST: City Clerk Wimess Witness Dep~l&tment: __ By: K~K~[,~ hk~_~.C.~--- ~-~-~-- Anthony M. Ce~asio Chief of Police To~ Clerk Dor~a~. Wimess Jana p. DKilon f' - ~imess- Roselyn Blau Trinley betwe~ the T£ AGREEMENT THIS AGREEMENT is made and entered into this 8th dayof November ,2000 ,byand n the CITY OF BOYNTON BEACH, a Florida Municipality, hereafter referred to as "CITY" and WN OF HIGHLAND BEACH hereafter referred to as "DEPARTMENT" WITNESSETH: i WHEREAS, the City is the proprietor ora firing range upon a site situated at 3501 N. Congress Avenue, Boynton Beach, Palm Beach County, Florida; and for th~ profes: WHEREAS, the DEPARTMENT seeks permission of the CITY to utilize this training apparatu% training of its agents and employees; NOW, THEREFORE, in consideration of the parties' mutual interest and Objectives in providing ~ional, competent training, it is understood and agreed between the parties hereto as follows: The term of this Agreement shall be for a one (1) year period commencing on the date of execution. The City shall provide supervision during any use of, or training exercise conducted on said range. o The DEPARTMENT shall cause its agents and employees to conform their conduct with regard to the use of the Boynton Beach firing range in accordance with the law and rules and regulations established by CITY which are attached and incorporated into this Agreement as if fully set forth herein, identified as Exhibit "A". The DEPARTMENT shall provide the CITY written notice of the date and time it seeks permission to use said firing range. The DEPARTMENT shall reimburse the CITY a usage and cleaning fee of $85.00 (eighty-five dollars) per each eight (8) hours of use of the firing line if the DEPARTMENT requires use during non-operating hours. Payment will be required prior to the use of the range. Make checks payable to: City of Boynton Beach. The DEPARTMENT shall use only munitions that are classified as clean- fire ammunition for the caliber that will be in use. The only exception will be shotgun ammunition that is not clean-f~re classified at this time (but will be required when manufactured). o 10. 11. 12. 13. 14. The CITY expressly reserves the fight to deny use of the range in the event the intended use of the DEPARTMENT is in conflict with any other use or training. There shall be no charge to the DEPARTMENT for use of the range facilities; however, the DEPARTMENT shall be responsible for any costs or expenses incurred for targets, ammunition, cleaning supplies and other related training items when utilized during the CITY's normal operational hours of training. If, in the sole discretion of the CITY, the DEPARTMENT fails to reasonably conform to the requirements of this Agreement, the Agreement may be terminated at any time upon written notice. The DEPARTMENT is not permitted to include any guest, independent contractor or any other person under the terms or conditions of this Agreement. Any notice required or permitted to be given under this Agreement shall be in writing and mailed to: BOYNTON BEACH HIGHLAND BEACH City Manager P.O. Box 310 Boynton Beach, FL 33425 Town Manager 3614 So Ocean Blvd Highland Beach, FL 33487 This Agreement is not assignable. The DEPARTMENT assumes all liability and responsibility for damage, injury or death arising out of the conduct of its agents and employees in accordance with the provisions of Section 768.28, Florida Statutes. This hismunent contains the entire Agreement between the parties. It may not be changed orally, but only in writing and signed by both parties. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF BOYNTON BEACH, FLORIDA By:. Mayor TOWN OF IflGHLAND BFoACI~ FLORIDA Mayor Thomas J. Reid Approved as to form: By:. I ' City Attorney Department: By: ATTEST: City Clerk Witness Witness Approved 'as to ~rm: // TownAttomey ~nomas E. Sline ~nthony J. Cervasio Chief of Police Town Clerk DorifM. Trinley Witness Jane P. Dillon !a~tness Roselyn Blau V-CONSENT AGENDA WEH C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST Requested City Commission Meeting Dates [] Ngvember 2t, 2000 [] D4cember 5, 2000 [] D~cember 19, 2000 NAT1 [RE OF AGE/IDA ITEM REC( Recon Corp. the fm EXPI[ The C Resid~ Manat their s repres reimbl PRO( ~RANI IMPACT: Date FinaI Form Must be Turned in to CRv Clerk's Office November 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) Requested City Commission Meeting Dates [] January 16, 2001 [] Febma~ 6, 2001 [] February 20, 2001 [] March 6, 2001 Date Final Form Must be Turned in to Ciw Clerk's Office January 3, 2001 (5:00 p.m.) January I7, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21, 2001 (5:00 p.m.) [] Administrative [] Developrnmat Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement . [] Presentation ~MMENDATION: mend approval of reimbursement of escrow funds back to the developer of Manatee Bay, Olen Residential Realty n the mount of $20,228.75 for the re-establishment of the historic natural area on the site. The remaining balance of ds would be deposited in the City recreation impact fee account. AI~ATION: ty was initially given $148,950 toward the required recreation impact fee for rids project. A check from Olen ntial Realty Corp. in the amount of $40,457.50 was deposited in escrow as part of the recreation impact fee for the ~e Bay project. In an agreement with the City, up to one-half of these funds would be reimbursed to the developer upon ~ccessful re-landscaping of the ltistoric natural area on the site, and the remainder would be kept by the City and mt the balance owed for their recreation impact fee. Staffhas inspected the site and recommends approval of the rsement in accordance with the funds request from the developer's attorney. N/A . FISCAL IMPACT: The Cty will have collected $169,178.75 in recreation impact fees and reimbursed the developer $20,228.75. Acco~ nt # 1-0000-220-99-00. ALTI~ RNATIVES: Appro ~,imbur,se~aent is consistent with payment plan approved by Coum~ssi~n o~ay 16, 2000. Departme~/,Sigaamre City Manager's Signature /.~Del~artme~tt Name ~' City Attorney / Finance / Human Resources. S:kBUL .ETINkFORMS~AGENDA rrEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE Cl-i'Y COMMISSION OF THE Cl-I'Y OF BOYNTON BEACH, FLORIDA, AUTHORIZING A RELEASE OF ESCROW FUNDS TO DEVELOPER OF MANATEE BAY PRO.~ECT, OLEN RESIDENTIAL REALTY CORP., IN THE AMOUNT OF $20,228.75 FOR THE RE- ESTABLISHMENT OF THE HISTORIC NATURAL AREA ON THE PRO]ECT SITE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS~ Olen Residential Realty Corp. 'the developer of Manatee Bay was initially required to pay $148,950.00 towards the recreation impact fee for the project; WHEREAS~ pursuant to an agreement with the City, Olen Residential Realty was also required to deposit additional $40,457.50 in escrow as part of the recreation impact fee for the project; WHEREAS, under the terms of the agreement, up to one-half of the escrowed $40,457.50 would be reimbursed to the Olen Residential Realty upon successful re-landscaping of the historic natural area on the project site, and the remainder would be kept by the City as balance owed under the recreation impact fee; WHEREAS, staff recommends the release of $20,228.75 of the escrow funds as Olen Residential Realty CorP. has successfully completed re-landscaping of the natural area on the site as contemplated by the parties; NOW, THEREFORE~ BE l-r RESOLVED BY THE cl-rY COI41~IZSSTON OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, hereby approves the release of one-half of the es~ow funds, in the amount of $20,228.75 to Olen Residential Realty Corp. Section 2. That this Resolution shall become effective immediately upon passage. PA$$~:D AND ADOPTED this __ day of .lanuary 2, 2001. CiTY OF BOYNTON BEACH, FLORZDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 00-187 TO: FROM: John Wildner, Parks Director Michael W. Rumpf, Director of Planning and Zoning DATE: July 5, 2000 SUBJECT: Manatee Bay (File No.: NWSP 98-005) Recreation Impact Fee/Re-Establishment of Natural 'Area As discussed with you on June 30, 2000, please find the attached documents describing the program for payment of recreation impact fee for the above-referenced project. This alternative plan, as proposed by the applicants, was approved by the City Commission on May 16th. I have contacted Mr. Norris to inform him that the documents are in order and request the checks. I will have the check for $148,950 deposited in the appropriate impact fee account, and request that the~Finance Department place the check for $40,457.50 in escrow (up to one-half of this amount will be returned to the developer/owner for reimbursement of funds needed to re-establish the historic natural area on site). Although both checks are considered the impact fee, up to one-half of the $40,457.50 is to be used by the applicant for the natural area, and the remainder is available to the city if we feel it is needed for further enhancement of the natural area. Otherwise, if not needed for natural area enhancement, the remainder shall also go directly into an impact fee account. As also indicated, I will oversee this process in place of the Engineering Department, who may no longer be managing the platting and related processes. Thank you for your assistance. MWP,/nl CC: Diane Reese, Finance Department Quintus Greene, Director of Development No':-~T'00 04:3Tpm From-COHEN ~40RRI$ SCMERER C OH E N.N ORRIS.:) L H ~ K~' K WEINBERGER & ~/VOLMER ATTORNEYS AT LAW November 7, 2000 P,0Z/0~ F-l~4 Michael W. Rumpf, Planning Director City of Boynton Beach 100 E. Boynton Beach Blvd. Boynlun Beach, Florida 33425-0310 RE: Manatee Bay Preserve Area Agreement Dear ~like: i I write you once again regarding the above referenced matt, er. I have been informed by our c~ient that the work is now totally complete. In accordance With the agreement, upon such coml~ etlon, the sum of $20,228.75 is to be returned by the City to our client. i Please arrange for such funds to be released to our client. The check should be made payable to Olen Residential Realty Com. and can be forwarded direct to our client at 1062 Cora Ridge Drive, Coral Springs. Flcrida 33071, to the attention of Mark Hansen. Please cont; ~ct me, at your earliest convenience, to confirm that these monies are being sent. Thank you for your cooperation. ~ery truly ?urs, cc: client PARTNERSHIP OF PEOFE$SIONAL ASSOCIATIONS PARKER · YAN_N. ETTE October 24, 2000 Mr. Kevin Hallahan Boynton Beach Planning Department City of Boynton Beach P.O. Box 3 t0 BoyntonBeach, FL 33425-0310 Re: Manatee Bay Dear Mr. Hallahan: Thank you for meeting with me and representatives from Olen Development last Friday to inspect the existing/relocated trees, as well as the Banyan preserve area. As we discussed, there were some adjustments from the original plan to reflect additional trees found during the clearing process and trees damaged by severe weather. The Banyan preserve area sustained considerable damage from last year's hurricane. We have replanted the damaged areas with Strangler Fig trees, Royal Poinciana trees, Chinese Fan palms, and numerous shrubs and ferns. You indicated that the existing/relocated trees and the Banyan preserve area pass inspection and you would sign-off on the permits. Please confirm the above information is correct at your earliest convenience; I look forward to working with you on our next Boynton Beach project. Sincerely, Chuck Yannette, ASLA Project Landscape Architect Cc: ~Mr. Mark Hansen, Olen Development BOYNTON BEACH, FLORIDA ~. May 16, 2000 Vice Mayor Weiland thought it went back to Commissioner Black's statement that the system is "broken" and perhaps in a lot of these cases more documentaUon needed to be done. The City has spoken to the applicant, they signed a letter and returned a receipt for the mail, so they cannot state they did not know what was happening. This seems to happen over and over again. We realize that in nine cases out of ton the people are financially strapped. They can't afford to fix the house #1 and #2, they can't pay the $10,000 fine that may be owed. Ns. Albert said she did believe that Ms. Ousley took steps in good faith to fix her property up and she got "scammed'. She wants to help her go after the Contractor as wetl but that will take time. Meanwhile he took off with a good chunk of her money, which meant a lot to her. Mayor Pre Tern Sherman asked if she had taken out a home equity loan and Ms. Albert replied yes. Mayor Pre Tern Sherman asked if there were documentation to that effect pertaining to the home equity loan. Ms. Albert said she had some in her briefcase. She had checks showing amounts that were given to her in increments to help her pay off bills and one that was given to the contractor. Ms. Albert said she had presented a ropy of the check to the Code 8oard previousJy and that it was a cashed check, Commissioner Rsher asked Mr. Biasie if he recalled seeing the check. recall it. Ms. Albert said she had a copy in her car in her briefcase. Sherman said he would take her word for it. Mr. Blasie did not Mayor Pro Tern Commissioner Fisher said he totally agreed that the Code Department needed to be given more teeth in enfordng the polides but he wasn't too sure that this was the case they should start with, considering the circumstances presented and the background. Mayor Broening agreed except in these cases where there have been chronic violators. The Code Department, the Code Compliance Board and the Commission have been very tough on them and there was a $30,000 fine passed out fairly recently and it blew the speculators plans away. Mayor Broening did not feel it was a matter of being soCc but a consideraUon of the intent, l~f the intent is compliance and they come into compliance and stay in compliance and are not repeat offenders, they are inclined for first-timers to do the adminisbaUve thing. He was NOT in favor of the chronic violators who affect the quality of life for their neighbors and flaunt the City's codes. Motion Vice Mayor Weiland made a motion to approve the Code Compliance Board's recommendaUon to resdnd the fine in Code Compliance Case #98-3158. Commissioner Black seconded the motion. The motion carried 5-0. X. ZZ. UNF~NI'SHED BUSZNESS: A. Consideration of Developer's Proposal regarding Manatee Say 25 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH. FLORIDA May 16.2000 Attorney Chemf directed the Commissioner's attention to a letter from David Norris, attorney for the Manatee Bay developer, that contained a counter-offer to what the Commission_had proposed earlier to resolve the dispute over the recreation fee. They included in the memorandum the motion that was made by Vice Mayor Weiland, which was approved. Vice Mayor Weiland said that in reading the backup the agreement was still a good agreement to reach with Manatee Bay regardless of the recommendation he gave at a prior meeting. This puts money in our coffers right off the bat and the natural area around Manatee Bay ~s improved and still leaves an amount of money we could possibly receive after that. Motion Vice Mayor Weiland made a motion to accept this agreement with the Manatee Bay Developer. Commissioner Black seconded the motion that carried 5-0. AT THTS POTNT MAYOR BROENZNG RETURNED TO ~'EM 10C, WHZCH HAD BEEN DELAYED EARl TER TN THE MEE'r/NG UNDER NEW BUSTNESS. C. Appointment of CRA Hembers (Two members to be Appointed) Mr. Bressner said he had prepared two sheets that the Commissioners needed to mark. The white sheet would be number i and the pink sheet would be number 2. Mr. Bressner directed the Commissioners to mark on the top of sheet #1 their name and their first choice. Their name and their second choice would go on sheet #2. He said that one decision they may want to make early on would be who gets the four-year term and who gets the two-year term. Commissioner Fisher suggested they choose the one with the longer term as their first choice. This was agreed to by the Commissioners. Upon completion of selection, the ballots were passed to Attorney Cherof and City Hanager Bressner. Attorney Cherof stated that in the first round, Mr. Al DeMarco and Mr..lose Aguila each received two votes. Mr. Finkelstoin received one vote. Attorney Cherof recommended that the Commissioners go back to their round one choice and try one more time, limiUng it to the two who received the two top votes. Whoever voted for Mr. Finkelstein would be the Uebreaker in theory'. On the next ballot, labeled #lA by Mr. Bressner, Attorney Cherof stated that there were two votes for Mr. DeMarco and three votes for Mr. Aguila. 26 March 31, 2000 David Norris Cohen, Norris, $ch_e~er, Weinberger & Wolmer 7:L2 U.S. Highway One North Palm Beach, Florida 334-08 RE: "Manatee Bay" Park Fee Dear David, PI~ase find enclosed two checks in the amounts of $:L48,950 and $~0,457.50 made out to the City of B0ynton Beach for Park Fees. As a follow up to the commission-meeting regarding this issue; we are forwarding these two checks to you for transmittal to the City Attorney to satisfy our park requirement foir Manatee Bay. The $~.48,950 check represents the park fee calculated on the basis of our exact purchase price of the property. The $40,457.50 represents the "splitting" as suggested by the City Commission between our calculated park fee and a staff calculated fee. InI an effort to resolve this issue with the Cib/, we would propose to put the $40,457.50 in escrow and w~rk towards re-establishing the historic natural area that was virtually destroyed by Hurricane Irene this p~st October. This area was unique enough for the City to specifically identify this area in the City's coimprehensive land use plan and further encouraged preservation during the site plan review process. OQr site plan was developed taking into account the natural features and exotic structures (see enclosed) le ~ving the existing trees and understory system in its natural state. We constructed a temporary 6' high c~ ain link fence around the entire area during construction. The'Hurricane did extensive damage to this ar ea (see enclosed pictures). Almost all of the Banyan tress survived but the understory and numerous la ge trees were destroyed. The exotic structures for the most part, escaped damage. We would pt ~pose to prepare a detailed plan for this area in order to re-establish additional Banyan tress and plan ac ditional understory to further enhance the natural preserve and retain the designation in the cc ;rehensive land use plan. We would propose to spend up to 50% of the $40,457.50 towards this natural area rehabilitation Which would be released to Olen from escrow upon approval and sign off from the Planning Department and City Forrestor following installation. The initial p!an, prepared by Parker Yapnettee Design Group, Inc., would be submitted and approved by the Planning Department and City Fofrester pdor to installation. Fil'7 percent (50%) of the escrow would be released to the City upon approval of the natural area tel Jabilitation plan by the City. Any remaining funds in escrow would be released from escrow upon final re' iew of contract expenses for the rehabilitation. Th .~ minimum the City would receive as a park fee would be $169,179 which would be greater than the ap ;raisal fee determined by Callaway & Price, Inc., (see enclosed). PN 'ase review the enclosed and forward on to the City. Please call should you have any questions. SinFer.ely, , Ma~l~ Vic~ President - Development cc: I Igor Olenicoff 1082 Coral Ridge (Drive Coral Springs, Florida 33071 (954) 340-4904 o Pax (9541 344~4609 R~quested City Commission Meetin~ Dates ~ V-CONSENT AGENDA TTEM D.1. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORNt Date Final Form Must be Turned in to CiW Clerk's Office Requested City Commission Date Final Form Must be Turned Meehne Dates in to City Clerk's Office [] NoCember 21, 2000 [] De~ember 5, 2000 November 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) [] January 16, 2001 [] February 6, 2001 January 3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) [] De~ember 19, 2000 AGENDA ITEM December6,2000 (5:00p.m.) [] Febraary 20, 2001 December20,2000 (5:00p.m.) [] March6,2001 February 7, 2001 (5:00 p.m.) February 21,2001 (5:00 p.m.) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfimished Business [] Announcement [] Presentation REcoMMENDATION: Please place this request on the January 2, 2001 City Commission Agenda under Consent - RatificAtion of planning and Development Board action. The Planning and Development Board recommended with a 3-2 at the request be approved, subject to the inability of the owner of the subject property to acquire and assemble the /mum 10 feet of frontage from the adjacent property in order to make {he subject lot conforming. The failed attempt ~ documented in writing, notarized and include reason for failure. Failure cannot be attributed to asking price if equal :low reasonable (e.g. fair market) value. For further details pertaining to the request, see attached Department of ,merit Memorandum No. PZ 00-359. Gayhart Variance - Lot 37, Block 3, (Lake Addition to Boynton) N/A Susan Gayhart 711 N. E. 92 Avenue Request relief from Chapter 2, Zoning, Section i 1.1.C.1 to allow constxuction of a single family home on a non-conforming lot in R-1-A zoning district vote, tl the mh must b to or b, Develc City Manager's Approval to place on Agenda for discussion. Legal Department to review advisability/enforcement of Planning and Development recommendations. City Manager's Signature'"-' EXPL PROJ~ AGEN OWNt LOCA DESC] NATION: CT NAME: R: [~ION: ~IPTION: PROG RAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Planning and Zoning t[itr~ctor Development Depar~etnt Director City Attomey/ Finance / Human Resources S:~BULL~TFNkFORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gayhart Variance (Lot 37, Block 3) APPLICANT'S AGENT: Susan Gayhart APPLICANT'S ADDRESS: 106 Lisa Lane, Lake Wot[h, FI 33463 DATE OF HEARING-I?,ATIFICATION BEFORE CITY COMMISSION: January 02, 2001 TYPE OF RELIEF SOUGHT: Zoning Code Variance - Single-family on non-conforming lot LOCATION OF PROPERTY: 711 NE 9th Avenue City of Boynton Beach, FI 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: THIS MATTER came on to be heard before the City Commission of the City bf Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~x 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 ~x GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED ~ 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk EXHIBIT "D" Conditions of Approval Project name: Susan Gayhart Variance (Lot 37, Block #3) File nUmber: ZNCV 00-019 (single-family on non-conforming lot) Reference: Zoning Code Variance Application dated November 16, 2000~ DEPARTMENTS INCLUDE P_EJECT pUBLIC WORKS Comments: None uTILITIES Comments: None FIRE comments: None POLICE Comments: None ENGINEERING DIVISION Cotnments: None BUILDING DIVISION comments: None PA14KS AND RECREATION Cop'n-nents: None FO14ESTER/ENVIRONMENTALIST I Cohunents: None PLANNING AND ZONING Con~nents: 1) The applicant must exhaust in good faith the possibility of X purqhasing extra land from an adjacent parcel to bring the subject lot to conformity. This purchase attempt could be verified by a signed/notarized stat{ment from the subject property owner documenting that a sales transaction cout~i not occur and the specified reasons for failure. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1) '[he applicant must exhaust in good faith the possibility of purchasing the X minimum needed land from an adjacent parcel to bring the subject lot to con brmity. This purchase attempt could be verified by a signed/notarized stat~ ~ment from the subject' property owner documenting that a sales transaction cou d not occur and the specified reasons for failure. Failure cannot be attributed to a~ldng price if equal to or below reasonable ~e.~. fair marke0 value. ADDITIONAL CITY COMMISSION CONDITIONS Page 2 Auto Zone File No.: NWSP 98-007 DEPARTMENTS iNCLUDE REJECT 2. To be determ~ .med. MWR:arw S:\PLANNIN G\S HARED\WP~PROJ ECTS\LOT 37 BLOCK 3 (LAKE ADDITION TO BOYNTON)\COND, Of APPR P&D.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 00-359 VARIANCE REVIEW STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION December 18, 2000 Meeting Date: DECember 26, 2000 File No: ZNCV 00-019 - Single-family building on a non-conforming lot LOcation: 711 NE 9th Avenue, Lot 37 Block 3 of Lake Addition to Boynton Owner: P~oject: variance Request: TI Susan Gayhart Gayhart Variance (a.k.a. Lot 37, block 3) Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11 Supplemental Regulations, 1.C.1, to allow construction of a single-family home on a non-conforming lot in R-1-A zoning district. BACKGROUND ~e subject property is part of a development known as Lake Addition to Boynton that was Platted in 1925 and partially zoned R-l-A, single-family residential. The typical lot was 50 feet wilde by 122 feet long. Lots along the Intracoastal Waterway were platted 50 feet wide with a depth varying between 200 feet to 300 feet. The subject neighborhood is zoned R-1-A and g~nerally bounded on the north by NE 10t~ Avenue, on the south by NE 7th Avenue, on the east by' the Intracoastal waterway, and on the west by a platted alley located about 100 feet east of U S. Federal Highway (see Exhibit "A" - Location MAP). T lere currently exists 77 parcels within the subject area zoned R-l-A, 38 of them still vacant, in :lUding 21 substandard lots which are those lacking the minimum width of 60 feet. Of the d~ ~veloped parcels, seven (7) were built on the original 50-foot wide lots, and three (3) of them h;~d received variances against the minimum lot area requirement; staff was unable to d~ ~termine the basis for allowing construction of the other four (4) lots since they were built b~ ~tween 1950 and 1962 (see Exhibit "B" - Subject Area). It is worth noting that two (2) other similar variances have also been approved for the subject area but the homes were never built. Tl~e five (5) variances mentioned herein were granted between 1980 and 1986. ANALYSIS Tl~e code states that the zoning code variance can not be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. That the special conditions and circumstances do not result from the actions of the applicant. Page 2 Lot 37 Block 3 Variance Staff Report Memorandum No. PZ 00-359 That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning distrfct. d That literal interpretation of the provisions of this ordinance would dep~fve the applicant of rights commsn/y enjoyed by other properties in the same zoning district underthe terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The applicant's response to the above criteria is contained in the Exhibit "C". In June of 1975 the City a adopted new zomng code causing a large number of parcels to become legally non-conforming. In February of 1978 the City adopted a revised ordinance (Ord. 78-5) to establish the procedures and regulations for use of the non-conforming lots. As documented in the corresponding City Commission minutes, the consensus was that..." the person who owned a non-conforming lot could use it; but if sold, the new owner would have to apply to the Board of Adjustment. The/aw is clear that a person cannot be stopped from using a 50 foot lot, but a variance would have to be obtained to use it." It was based on this conclusion that the City approved similar variances between 1980 and 1986. Ordinance 78-5, Section 1 reads as follows: "In the event title to any non-conforming lot or lots is conveyed to an individual owner or owners subsequent to the effective date of this amendment, the exceptional provisions of this section shall not be applicable to said lot or lots, and prior to ~ssuance of a building permit for construction of improvements on any said lot or lots, the owner shall be required to purchase, or acquire, additional adjacent property to meet lot requirements established by ordinance; or in the alternative, to obtain a vadance or special exception from the municipal Board of Adjustment for the use of subject property." Accordingly, current regulations for non-conforming lots require the following: a. The parcel contains at least one (1) whole platted lot; b. The parcel has a frontage of not less than fifty (50) feet, and a lot area of not less than five thousand (5,000) square feet; Property cannot be acquired 'from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels or structures thereon to become non- conforming or more non-conforming. In addition to these criteria, there exists the requirement that ownership of the subject parcel shall be determined by the property tax rolls of the Palm Beach County Property Appraiser's Office as of the effective date of the ordinance. According to Palm Beach County Tax Appraiser records, the applicant, Mrs. Gayhart, purchased the lot in April of 2000 from a company known as Fairway Isles, Ltd.; the company purchased the subject lot and several others in the area in December of 1999. Purchasing dates are in clear conflict with the non- Page 3 Lot 37 Block 3 Variance Staff Report Memorandum No. PZ 00-359 conforming regulations. The subject regulations were adopted in 1978 (Qrdinance 78-5), and subsequent amendments adopted in 1981 (Ord. 81-30), in 1983 (Ord. 83-38), and in 1988 (Ord. 88~17). Staff concurs with.-the applicant's responses to items "A" and "D" from the above-mentioned criieria (A through F), in stating that the property cannot be enlarged by annexation since the lot is surrounded by developed parcels. However, staff has been contacted by the owner of the adjacent property to the west of the subject lot, Mrs. Dina L Castellano, who expresses her willingness to sell ten (10) feet from her one-hundred (100) foot wide lot which would bring the subject lot into conformance with code regulations. This transfer of property could only occur if th~ source property remained in compliance with setback regulations. Wi~h respect to item "c", staff concurs with the applicant's response since other similar va[lances have been previously approved, therefore earning her the right to receive equal treDtment. However, staff researched the applicant's reference to the building permit issued on March of 2000, and it was determined that the permit was issued when the lot and several ot~ers were still all owned by Fairway Isle, Inc.; the owner (of the company) acknowledged in wr!ting that the permit was issued based on the particular provision of the non-conforming regulations that reads: "No more than one (f) parcel or lot, or combination of lots under the same ownership, that is non-conforming but which meets the requirements under b. above may be' developed for a smgle-fam#y house". Furthermore, the applmant also acknowledged that any otl~er adjacent non-conforming lot owned by them will therefore be at risk of being denied a building permit. Wi h respect to the applicant's response to item B, staff recognizes that the company was obtiged to make the purchaser of the subject lot, Mrs. Gayhart, aware of the non-conforming status of the parcel and the related consequences. Therefore, staff cannot concur with the ap ~licant's response to item B. CONCLUSIONS/RECOMMENDATION sed on the analysis contained herein, staff offers the following conclusions: There is the assumption that when the development was platted in 1925 the typical fifty (50) foot wide lot complied with then existing zoning regulations for single-family districts. It appears that the City started requiring the minimum sixty (60) foot frontage in 1962, and due to the creation of non-conformities, potentially creating hardships for property owners, ~conditions culminated in the adoption of, in 1978, the current criteria for non-conforming lots; 2 -q'he City recognized the legal fact that the law cannot remove all reasonable use of a fifty [50) foot wide lot, and therefore the only recourse is via the variance application. Based on ~hat premise, the City granted five (5) similar requests in the 1980's; 3 T-There are two conflicting positions regarding the development of this parcel: 1) the ppponents of this variance argue that neighborhood property values would be negatively ~affected, and the neighborhood quality of life will deteriorate. In contrast, supporters of the ~,ariance claim that a smaller house is preferable over an empty lot which can also be a ~letriment to the area if debds and vegetation are not controlled; 4 ~Staff recognizes that by approving this variance request a precedent will be set that could lsupport the approval of subsequent requests by new owners of other substandard lots Page 4 Lot 37 Block 3 Variance Staff Report Memorandum No. PZ 00-359 purchased from the same developer. However, staff believes that the number of non- conforming lots that would qualify for variance relief would not be of a magnitude that would negatively impact area property values; and 5 -Pursuant to requirement "c" for non-conforming lots, applicant should exhaust the possibility of acquiring part of an adjacent parcel in order to attain conforming status. Based on the analysis and findings contain herein, staff recommends that this variance request to allow construction of a single-family house on a non-conforming lot zoned R-I-A be approved conditionally. The condition of the approval would be for the applicant to exhaust in good faith the possibility of purchasing extra land from an adjacent parcel to bring the subject lot to conformity. This purchase attempt could be verified by a signed/notarized statement from the subject property owner documenting that a sales transaction could not occur and the specified reasons for failure. This condition and any other condition recommended by the Board will be included in Exhibit "D" - Conditions of Approval. MR/dim Re)uested~;~ City Dates Commission [] No~ember 21, 2000 December 5, 2000 [] De~ember 19, 2000 [] Jut usry 2, 2001 NAT[ RE OF AGEb DA ITEM V-CONSENT AGENDA ITEIVl D.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turaed Requested City Commission in to City Clerk's Office Meetin~ Datos Novemberg, 2000 (5:00p.m.) [] January 16,2001 November22,2000 (5:00p.m.) [] February6,2001 December6,2000 (5:00p.m.) [] February20,2001 December20,2000 (5:00p.m.) [] March6,2001 [] Administrative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Announcement [] Date Final Form Must be Turned in to City Clerk's Office January 3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21,2001 (5:00 p.m.) Development Plans New Business Legal Unfmished Business Presentation RECOM2V[ENDATION: Please place this request on the January 2, 2001 City Commission Agenda under Consent- Ratificatiun of Planning and Development Board action. The Planning and Development Board with a unanimous vote recomrgends that this request be approved, subject to the applicant being awarded a grant from the state tax credit program for the purposes of upgrading the subject property to include various site improvements related to appearance, security, and amen/t~es. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 00- 35I. ~ EXPLANATION: PROJE~T NAME: AGENT: OWNER: LOCATION: DESC] ',IPTiON: PROC RAM IMPACT: FISCJ L IMPACT: ALTE t_NATIVES: Boynton Terrace Apts. Jeff Kammemde/Mike McPhilips Boynton Associated LTD. 700 North Seacrest Blvd. Modified request for relief from City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11 Supplemental regulations, H. 16. a. (2)., requiring a minimum parking space ratio of 2 spaces per trait, to allow a reduction of 84 spaces or a 1 space per unit vahance. N/A N/A N/A Planning and Zonin~Director City Manager's Approval to place on Agenda for discussion purposes. Development staff to provide supplemental report on other locations granted similar parking variations. City Manager'sSignamrXe''~ Development D~art/ae~at Director City Attorney / Finance / Human Resources * Note: Parking variation sought is for reduction from 2 spaces/unit to 1 Space/unit. Net reduction 84 spaces. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: BOYNTON TERRACE APPLICANT'S AGENT: Jeff Kammerude / Mike Phillips APPLICANT'S ADDRESS: 5505 N. Atlantic Ave., #115 Cocoa Beach, FI 32931 DATE OF HEARING-RATIFICATION BEFORE CITY COMMISSION: January 02, 2001 TYPE OF RELIEF SOUGHT: Zoning Code Variance - Parking spaces reduction LOCATION OF PROPERTY: 700 N. Seacrest Boulevard City of Boynton Beach, FI 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: THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant x 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 ~x 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:\PJan nin~'GHARED\WF~PROJ ECTS\Boyntor} Temace Apts. (ZNCV)V3ev Or~e~ CC,doc City Clerk EXHIBIT "C" Conditions of Approval Project name: BoyntonTerrace . File number: ZNCV 00~020 (parking reduction) Reference: Zoning Code Variance Application dated November 16, 2000. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION COmments: None BUILDING DIVISION Co~nments: None pAI~s AND RECREATION Comments: None FoRESTER/ENVIRONMENTALIST Coimuents: None PLANNING AND ZONING Comments: None ADDITIONAL PLANNING AND DEVELOPIv[ENT BOARD CONDITIONS 1. : The applicant being awarded a grant from the state tax credit program for X i the purposes of upgrading the subject property. 2. Site improvements shall include: X a) Site landscaping be brought up to code; i b) A perimeter/security fence or wall be constructed with decorative i features such as columns and landscape. c) All remaining parking areas be resurfaced; ! d) Add quality outdoor recreation/playground area to the project; and , e) Alt multi-family unit buildings shall be renovated; at a minimum, to ' provide a replacement of materials in disrepair, and a new coat of pamt. i f) Provide a guard gate and security cameras. Page 2 Auto Zone File No.: NWSP 98-007 DEPARTMENTS ADDITIONAL CITY'COMMISSION CONDITIONS 2. To be determined. INCLUDE REJECT MWR:arw S:\PLANNING\SHARED~WP~PROJECTS\BOYNTON TERRACE APTS. (ZNCV)\COND. OF APPR P&D,DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 00-351 VARIANCE REVIEW STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION December 06, 2000 Meeting Date: December 26, 2000 File No: ZNCV 00-020 -Total of parking spaces reduction LOcation: 700 North Seacrest Boulevard O~Vner: Project: Variance Request: Boynton Associates, Ltd. Boynton Terrace Modified request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11 Supplemental Regulations, H. 16. a. (2)., requiring a minimum parking space ratio of 2 spaces per unit, to allow a reduction of 84 spaces or a 1 space per unit variance. BACKGROUND T~e subject property known as Boynton Terrace Apartments, an assisted Iow income rental apartment development, is currently zoned R-3, multiple-family residential. It was constructed in 1983 as a mix of six (6) single-family and ten (10) multi-family buildings containing 84 units, for a~otal of 90 units. The complex was developed in three sections: a western section containing fi~'e (5) single-family units, located west of NW 1~t Street; a central section containing a single- filmily unit and 36 multi-family units, located between NW 1st Street and Seacrest Boulevard; and an eastern section containing 47 multi-family units, located east of Seacrest Boulevard. The requested relief is to affect both the central and eastern sections located at either side of S~acrest Boulevard, and includes 84 units. (See Exhibit "A" - Location Map, including Survey). AI the. improvements were built in compliance with the then existing code regulations for R-3 .zoning districts, more specifically related to parking requirements. Said improvements are also m compliance with the current parking regulations for the R-3 zoning district that requires two (2) parking spaces per residential unit. There currently exist 173 parking spaces; 168 of them allo.cated for residential use, and 5 for office use. The applicant is requesting relief from the z(pn~ng regulations to reduce the total parking spaces by 84 spaces, resulting in a ratio r~duction from the two (2) spaces per unit required by code to one (1) space per unit. ~is request is being submitted in hopes of raising the point value of this competitive application . the Florida Housing Finance Corporation for funding to rehabilitate the existing residential fits, and provide both landscaping enhancements and a new clubhouse. Additional points · e obtained from a local government contribution, which in this program, is represented by a ~lieffrom parking space requirements. c~sCOrding to the the reduction contribution is calculated based the actual applicant, parking on t of creating new parking spaces: Page 2 Boynton Terrace Variance Staff Report Memorandum No. PZ 00-351 - Relief of parking spaces (variance requested): 84 - Estimated cost per space: - Estimated total contribution: $ 4,017.19' $ 337,444.38 *405 sq. ft. of paving per space including the necessary back-up area, at $ 9,919 per sq. ft. (this includes stabilized sub-base, lime rock base, 1-1/2" thick asPhalt, parking space stripping and parking bumper). The following is a description of the zoning districts and land uses of the properties that surround the subject request: .. North Residential properties zoned both R-NA and R-2; South Residential properties zoned both R-!-A and R-2; East Residential properties zoned R-2; West Residential properties zoned R~!-A. ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the folloWing: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. That fiteral interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unneceSsary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, bUilding, or structure. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or othen/vise detrimental to the public welfare. Page 3 Boynton Terrace Variance Staff Report Memorandum No. PZ 00-351 Based on the applicant's response to the above criteria contained in the Exhibit "B", staff was unable to find the evidence of traditional hardship necessary to support the requested relief. HOwever, staff concurs with aspects of the applicant's justification for this variance. Staff realizes that;the subject development is located within an area that has been classified as blighted and therefore included in the Community Redevelopment Area. Also, staff recognizes that the subject request represents a special opportunity to provide a better way of life for the residents of the subject project, and an improved appearance toward the surrounding neighborhood. Therefore the request would generally comply with item "fi' above, as it would benefit both" the area involved or and the public welfare". Furthermore, as part of this application the applicant has submitted a document from the property management office offering the following information relative to its residents: 1 i About 40 % of the residents have one (1) car per household; there is an unknown number of two-car household; 2 ~ Approximately 60 % of the residents utilize public transportation. TWo (2) Palm Tran bus stops located along Seacrest Boulevard directly serve the development asI part of system Route 70 (see Exhibit "A" -Location Map). Route 70 provides buses to the project at a one (1) hour interval, and at a one-half (1/2) hour interval during peak periods. Staff surveyed the parking area on several occasions and observed a total of 39 cars parked on the sit~ on Thursday, December 7, at 2:00 p.m., 47 cars in the p. roject on Sunday, December 10, at 9:1~0 am, and concludes that the total number of cars observed indicates that about 42 % of the residents own a private vehicle, which corroborates the applicant's data. It would seem logical to~onclude that the remaining household members use alternative transportation means such as walking, biking or public transportation. A( or W tr~ % W( tr~ cording to the 1990 Census, the project is located in Census Tract 61.00, which is bounded the north by the C-16 Canal, on the south by Ocean Avenue, on the east by the Intracoastal ~terway, and on the west by 1-95. In 1990 there were 1.4 automobiles per household in that ct, which was also the average for the entire City. Of the 1,575 households in the tract, 16.6 had no vehicle, and each had an average household size of 2.91 persons. Of the 1,946 ,rkers 16 years and older residing in the entire tract, 0.5 % reported riding public nsportation. Stiff also pL C~ to, in is (C surveyed other municipalities to determine parking requirements for similar assisted blic housing projects in multi-family zoning districts. Information from only one municipality (in tnada) was obtained, which requires one (1) parking space per dwelling unit in a vnhouse/multi-family district, and one (1) space per unit in an apartment/commercial district the same municipality. No local municipalities offer any similar parking provision. However, it noteworthy that the City regulations allow for a 50 % parking space reduction in the CBD, 9ntral Business District), which is within the CRA district, Community Redevelopment Area. CONCLUSIONS/RECOMMENDATION St~ff is required to review this request solely against the traditional criteria above, A through F, despite the intent to benefit the existing social and economic conditions. Staff recognizes that th~ situation as presented is unique and that the applicahts' intent to provide a higher living Page 4 Boynton Terrace Variance Staff Report Memorandum No. PZ 00-351 standard deserves merit; however a traditional hardship has not been established. Therefore. recommends that the subject request for a variance to reduce the parking space ratio from two (2) spaces per unit to one (1) space per unit be denied. However, staff off-~r, s for the Board's consideration the following points: 1-The City's financial contribution to the rehabilitation project is minimal; however it is significant in terms of application scoring; 2- Currently, the CBD allows for a 50 % parking space reduction, which is similar to the proposed reduction; both the CBD and the subject development are located in the CRA; 3- The proposed number of parking spaces (84) appears to sufficiently satisfy current parking demands; 4- The subject request would further Visions 20-20 goals and objectives (Goal 4) to encourage neighborhood revitalization; and 5- Normally, staff would recommend code modifications when they over regulate typical conditions; however, the subject grant application, and therefore the blighted ~)roperty would only benefit by variance relief rather than a parking reduction through a code amendment. No conditions of approval are indicated at this time. However, if the Board recommends to approve the variance request, staff would recommend that specific site improvements be made conditions of site plan approval, and include the following: 1- Site landscaping be brought up to code; A perimetedsecurity fence or wall be constructed with deC°rative features such as columns and wall landscape; 3- All remaining parking areas be resurfaced; 4- Add qualify outdoor recreation/playground area to the project; and 5- All multi-family unit buildings shall be renovated; at a minimum, to provide a replacement of materials in disrepair, and a new coat of paint. All required conditions will be included in the Exhibit "C' - Conditions of Approval. MR/dim Requested City Commission Meetina Dates ~ - [] N0vembar 21, 2000 [] December 5, 2000 [] D~n:aber 19, 2000 [] J 2,2001 V-CONSENT AGENDA ITEM E CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOI~*g Da F~ Form MW be Turned ~ m C~ Clerk's OM Novem~ 9, 2000 (5:00 p.m.) Nov~ ~, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) Deeemb~ 20, 2000 (5:00 p.m.) Requested City Commission [] Febmaw 6, 2001 [] Fe~ 20, 2001 Date Final Form Must be Turned in to City Clerk's Office Sanuary 3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) Februa~ 7, 2001 (5:00 p.m.) February 21, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve Change Proposal #15 of the Ocean Avenue Promenade project to include lighting, curbing and brick pavers at the N.W. and S.W. corners of Ocean Avenue and 1st Stre~et. EXPLANATION: When the Ocean Avenue Promenade project was first bid, a decision was made to ~cut-out' the 100 block of the street to reduce the bUdget for the project. This Change Proposal is to authorize putting back into the project the two corners on the west side of the 1st Street so that the full intersection matches up (since the east side of the intersection was inte~ection included in the original project). PROGRAM IMPACT: Thi~ Change Proposal will provide a good balance to the intersection, instead of it having a sue den break in the street improvements. FIS~ 2AL IMPACT: Inciuding the west side of the intersection will cost an additional $15,850.25. Because we hm e eliminated other items from the contract, this additional expense can be handled within the current project budget. FUnds are available in Acct. No. 302-1211-512-63-30. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Not approve the Change Proposal and keep the west side of the 1~ street intersection as it presently is, resulting in the streetscape being different between the two side of the intersection. Department Head~ Signature Capital Improvements Department Name City Manager's Signature City Attorney / Finance / Human Resources Change Proposal, #15 From: Burkhardt Construction, Inc. 1400 Alabama Ave. ~'20 West Palm. Beach, FI. 33401 Att;. Dennis E. Haynes Telephone: 659-1400 Fax:. 659-1400 City Of Boynton Beach, Florida 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Att: Frantz Lafontant Telephone: 742-6282 Fax: 742-6285 Project: East Ocean Avenue Promenade City Project ~]920 ENGINEER: Gee & Jenson One Harvard Circle West Palm Beach, FI. 33409 Att: Ray Davidson, P.E. Telephone: 515-6500 Fa~ 515-6502 Revision: Add Scope Of Hardscape Work From Sta. 16+90 To Sta. 17+60 Lt. PlanS: None Pro Date A-1 A-2 A-5 A-8 A-9 A-lC A-3~ B-1,~ B-3 B-5 B-9 B-l; B-IE D-3 [%4 D-5 oeal 11/2/2000, Rev. 11/24/00 To Reflect Sidewalk & U~lht Pole Additions Only Item Description Quantity Unit Price Amount Mobilization 1 LS $1,750.00 $ 1,750.00 Maintenance Of Traffic ILS $500.00 $ 500.00 Pavement Removal, 2" Thict( 0 SY $4.30 $ Concrete Curb & Gutter Removal 55 LF $6.25 $ 343.75 Concrete Curb Removal 0 LF $3.55 $ Concrete Sidewalk Removal 47 SY $15.50 $ 728.50 Relocate Tree 0 EA $235.00 $ Concrete Pavers, Sidewalk 28 SY $43.00 $ 1,204.00 GradingJReatoration ILS $750.00 $ 750.00 Type "F" Curb & Gutter 70 LF $9.40 $ 658.00 6" Rush Header Curb 45 LF $10.00 $ 450.00 8" Limerock Base 0 SY $11.30 $ 1 1/4" Type S-I Asphalt 0 SY $3.70 $ Concrete Sidewalk, 6" 28 SY $37.00 $ 1,036.00 1- Gal. Shrub 0 EA $7.00 3- Gal. Shrub 0 EA $16.00 $ Mulch 0 CY $70.00 $ D-6 D-13 D-15 F-15 F-20 Sod Art Display Platform Urban Columns SA 175W MH / 17' Fluted Pole Concrete Pole Base Conduit &~ ~Widng 0 SF $0.85 0 EA $5.000.00 $ 0 EA $1.170.00 $ 2 F_A, $3.40O.0O $ 6.800.00 2 EA $465.00 $ 930.0O 1 LS $700.00 $ 700.00 Change Proposal #15, Net Add $ 15,850.25 Special Provisions; 1 Pdca Does Not Include The Following Scope Of Work; Ughting/Electrical Storm Drainage Sanitar/Sewer Roadway Improvemerits Striping/Signing Modifications Requested City Commissio? Meetin~ Dates [] November 21, 2000 [] D~cember 5, 2000 [] D~cember 19, 2000 [] Jaguary 2, 2001 V-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM F AGENDA ITEM REQUEST FOR ,. Date Final Form Must be Turned in to City Clerk's Office November 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.} Requested City Commission Meeting Dates [] January 16, 2001 [] February 6, 2001 [] February 20, 2001 [] March 6, 2001 Date Final Form Must be Turned in to City Clerk's Office January 3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21, 2001 (5:00 p.m.) ¸ir NATURE OF AGEI ~DA ITEM REC¢ Apprc Crimi EXPI TheC The P [] Administrative [] Development Plans [] Consem Agenda [] New Business [] Pubhc Hearing [] Legal [] Bids [] UmSnished Business [] Announcement [] Presentation ~MMENDATION: val of donation of Federal Forfeiture Funds in the amount of $ 5,000 to Lake Worth Community High School mi Justice Academy. ANATION: :iminal Justice Academy has requested the Cities help in funding their program for the 2000/01 budget year. dm Beach County School Board does not fund most of the financial needs of the program. The e~ '[uipment needs for the Upcom/ng year is $59,597.50. Undcn Federal Equitably Sharing guide lines this type of donation is permissible. PROGRAM IMPACT: N/A FISC ~L IMPACT: Feder ~1 Forfeiture Funds in account 691-0000-'247-04-25 $ 43,369.94 Total )onation $5,000 Fund/ : this request will have no fiscal impact on our budget. A_LT1 tNATIVES: N/A Police S:kBUI LETINkFORMS~AGENDA ITEM REQUEST FORM.DOC City Menager's Signature LAKE WORTH COMMUNITY HIGH SCHOOL 1701 LAKE WORTH ROAD LAKE WORTH, FLORIDA 33460 PATRIC[A MANDIGO PRINCIPAL LWCns FL CJ'A~OL.c~a October 10, 20O0 TELEPHONE (561 ) 533-6323 FAX (56 ! ) 540-9888~., Chief Marshall Gage Boynton Beach Police Dept. 135 N.E. 1st Avenue Boynton Beach, FL 33435 Dear Chief Marshall Gage The Criminal Justice Academy, needs your help. As you may know the academy is not fundedby the palm Beach County School Board for most of our financial needs. We have always relied, primarily, on the generosity and support of the law enforcement community ofp~lm Beach County. In,the past many of your departments have been able to provide us with the funds necessary to nm the day to day operations of the academy and to provide for educational needs of our students. Last year we did not request any financial assistance as we had kept our spending as lean as possible but still met our goals. I did thi.~ in anticipation of the 2000/01 Schoolyear being a final step towards accomplishing a long term goal of being in our own new facility with a lab style classroom to use to teach our students with more hands on type experience. We have entered our 8th year as a unique experiment that. has grown in the educational community. Thi.~ year we have 246 students enrolled in the four levels of our program, this represents a 13% increase ov~er last year. We will be graduating 32 four year completers this May. For the last two years 70% of our graduates have been college bound with 50% earning scholarnhlps. We have two past graduates who are working in local law enforcement and we have many that are completing their four years of college, some studying crim/na! justice, corrections and some going on to law school when they graduate. Attached to this letter you will find a list of our financial needs for this year. The Accredited by the SOUTHERN ASSOCIATION of COLLEGES and SCHOOLS since 1922 · Merit School Award Since 1989 · Designated School 01£xce[leflce ~991 (Reach for Excellence Award Program/ total amount is quite high due to the needed purchases of computers and the peripherals needed to use them in a network setting. We.also need to replace the uniform llousors worn by the students, many of them are 7 years old and showing wear, plus we added almost 30 students this year which required an immediate ex'pan.q/on of_our existing inventory. Most of these expenses listed on the attached page are one time expenses thru will only recur every seven to ten years. Some of them, field trips, test kits, cleaning and tailoring, etc. occur each year. As many of our students como from underprivileged f-gunil/es it is difficult to pass on a lot of these expenses to them. Our students can come from anywhere in Palm Beach County, they come from as far North as Riviera Beach, as far South as Boca Raton and as far West as Loxahatchee. They have minim!lm 2.0 GPA with no conduct reports during their last two years of school. They must have a second cpmrtile reading and math skill level and two recommendations from a teacher and principal or guidance counselor. Once they are accepted they and their parent/guardian must sign a contract. I am asking you to look over our financial needs for this Schoolyeur and to try to help us financially to the best of your ability. Capt. John.qon and I are fmnly Committed to this prol~mu. We believe that this pro.-am is serving the Palm Beach County communities well by producing a well rounded better educated student who is prepared for ftmu~ learning and or job entry in some levels of the criminal justice system. Without your continuing finanoial SUppOrt we cannot make this possible. I invite you and any of your staff to come to the Academy and visit with us to see ~vhat we are accompli.~hing. We are supposed to be in our new facility by the be~nning of the second semester in Javu~ry 2001. I have invited the Palm Beach County Police Chiefs Assoc. to hold their monthly meeting in April 2001 at our ~chool so that all of you can spend some ~e with our students We need your financial support as soon as possible as we have already spent our ~ash reserves to meet the needs of our new students this year. Please feel frce to ~ontact me at (561 ) 540-6198 if you have any questions or need further information. Capt, Thomas M. Pray, Ot~t.) Criminal Justice Academy Lake Worth Coml~mity High School Crim3n_~! Justice Academy Equipment needs for'the 2000/001 Schoolyear Item: Dell Computers (compatible with and supported by the P.B.County School BOard) Lexmark Optva E312 Laser Printers Hewlett Packard 950C Color Printer Jacl ets, nylon w/screen printing Trousers including alterations Shirts w/patches & alterations Belts w/bucldes Lab Test Kits (forensic instructional kits for high school classes) 18 cubic refrigerator for test kit storage Student 1;ield Trips. (this includes 10 students I teacher & 2 chaperons to Tallahassee for competition as well as local trips.) End of year l~undering and alteration of uniforms for next Schoolyear Qty. Price each Total 28 $1,250.00 $35,000.00* 3 $ 400.00 $1,200.00' 3 $ 250.00 $ 750.00* 155 $ 20.00 $ 3,100.00'* 250 $ 28.75 $ 7,187.50'* 40 $ 28.50 $ 1,140.00'* 50 $ 10.00 $ 500.00** **** $ 1,840.00 $ 380.00 $ 380.00* $ 7,000.00*** $ 1,500.00'** $59,597.50 V-CONSENT AGENDA ITEM G CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned [ Meetin~ Dates ~: in to City Clerk's Office Meeting Dates in to City Clerk's Office [] No{ember21,2000 Novemberg, 2000 (5:00p.m.) [] January16,2001 January3,20Ol(5:0Op.m.) [] DeiemberS, 2000 November22,2000 (5:00p.m.) [] February6,2001 JanuaryI7,2001 (5:00p.m.) [] De~emberlg, 2000 December6,2000 (5:00p.m.) [] February20,2001 Febmary 7, 2001(5:00 p.m.) [] Janhary2,2001 December20,2000 (5:00p.m.) [] March6,2001 February 21, 2001(5:00 p.m.) ~! [] Administrative [] Development Plaus NATIJ]tE OF [] Consent Agenda [] New Business AGENDA~ ITEM. [] Public Hearing [] Legal ! [] Bids [] UmSnishedBusiness I [] Almouncement ~. Presentation RECOMMENDATION: Reque~: City Commission approval for additional funds paymem in the amount of $1,375.19 to the Non-conforming Landsc~ping&SignagePil~tPr~gram(pr~gram)c~ntractwithD~ugBesecker~EasyPayTire(G~dyearTire). This is a 50% ct st share with the City of Boynton Beach in accordance with the actual costs of additional items listed in the conaact. Staffre :ommends that this be approved based upon consistency with the program guidelines. EXPL ~NATION: Easy P~y Tire owner Doug Besecker, is requesting additional City funds in accordance with his contract. The contract cost estimates originally underestimated the actual amount of pavement to be removed, the ultimate landscaping to be provided, and co!t of required irrigation. The additional improvements have greatly enhanced the site landscape beautification, and brough~ it closer to code compliance. PROGRAM IMPACT: The program has begun to show commercial property owners that it is possible to make landscape and signage improvements to their ~roperties without major upgrades to meet current codes. FISCAL IMPACT: There is currently $21,620 remaining in the ac6ount to complete the request for additional lands. Accou4t number: 121-5000-590-01-18. ALTEZ There LNATIVES: o alternate,fired sources. planning and Zoniffg Director D eve l~:}lff(~ ~D ~i~ a"~lent'"D-~ ct o r City Manager's Signature City Attorney / Finance / Human Resources S:~BULI ET1N~ORMSLkGENDA ITEM i~EQUEST FORM.DOC 12/18/2~00 33:5§ 561364~?78 EASY PAY TiRE STORES PAGE 02 EASY PAY TIRE STORES, INC. 619 N. Federal HWy, Phone 732,g696 · ~OYNTON BEACH, FL 33435 Mr MIKE RUMP CfTY OF BOYNTON BgaC · PLANNING AND ZONING :BOARD DEAR. MR RUMP: IN REFERENCE TO TlqE IMPROVEMENT PROJECT AT 619 NO FEDER. AL Iq, WY OUR EXPENSES WENT OVER THE ESTIMATED COSTS AS FOLLOWS: I LANDSCAPE $1657.00 2 TIMER AND IRR[GATION MA'rERIALS ~525.00 3 BACKFLOW 213.00 4 ASPHALT 146,00 TOTAL OVERAGE ......... $21541.00 %BE/NO --$1320,50- WE ARE REQUESTING THAT THlg CITY REFUND US ONE-HALF OF THE EXTRA EXPENSES UNDER THE PROGRAM'S AGREEMENT. THE AMOUNT WE ARE REQUESTING IS $1320.50. WE ALSO REQUF, ST THE CITY CREDIT OUR WATER B) LL ACCOUNT ONE-~ALF OF' APRIL'S 2000 WATER BILL 'W'ITH THE NEW SPR[NKLER SYSTEM OPERATIONAL, THAT I~LL WAS FOR $109.39. THE CREDIT TO OUR ACCOUN'[ SHOULD BE $54.69 A. ND THE CITY t~LANNING ACCOUNT 1S TO B~; CHARGED THE OTHER ONE-NALF. BY PARTICIPATING AND COMPLEFING THE I.,ANOSCAPE AND IMPROVEMENT PILOT PROGRAM AGREEMENT WE FEEL THESE REFUNDS ARE JUST: V, EXTRA EXPENSES $1320.50 V.- APR!L*S WATER BILL 54.69 TOTAL REFUND OUF. US ....... ~1~75 SINCERELY DOUG LAS BESECKER July 12, 2000 Requested City Commission Meetin~ Dates ~ V-CONSENT AGENDA ITEM I CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned iP to City Clerk's Office Requested City Commission Date Final Form Must be Turned Meetin~ Dates jp to City Clerk's Office [] November 21, 2000 [] December 5, 2000 November 9, 2000 (5:00 p.m.) [] January 16, 2001 November22,2000 (5:00p.m.) [] Febraary 6, 2001 January 3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) [] ~cember 19, 2000 [] muary 2, 2001 NA~I URE OF AG[ NDA ITEM RE£ Moti to pr, Beac December6,2000 (5:00p.m.) [] February20,2001 December20,2000 (5:00p.m0 [] March6,2001 Febmau 7, 2001 (5:00 p.m.) February 21,2001 (5:00 p.m.) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation OMMENDATION: m to approve the issuance of a pumhase order and payment to Camp Dresser & McKee Inc, in the amount of $24,500 are a report responding to the proposed modifications to the ovemil flood elevations within the City of Boynton EXPLA31ATION: This report will provide the detailed analysis required to verify proposed alterations to the overall flood elevations throt demi PR£ Top~ incre No ghout the City area. To properly review and comment on these proposed revisions, the City needs to undertake a ed topographic comparison of our existing flood elevations to those modifications suggested by FEMA. GRAM IMPACT: graphic analysis will help the City to maintain, or improve it's National Flood Insurance rating, and may result in ased savings fi.om reduced flood insurance rotes for property owners in the City. ~adies of this nature currently exist which would satisfy the detail required by FEMA to contest their proposed changes. FIS '.AL IMPACT: Fuming is available in from the Utilities Department account, ALI[]ERNATIVES: Lea~)e the proposed etgy~n modifications unchallanged. Quintus L. ~rffertt, Dil~ecto? o[~5'~velopment (See attached Transfer Request Form) City Manager's Signature ~epartment of Development Department of Development City Attorney / Finance / Human Resources S:\BL~LLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC Z C: re .-~ VZt't'-FUTURE AGENDA TI'EMS TrEM C~ IKruse, Sue From: Costello, Joyce Sent: Wednesday, December 20, 2000 4:42 PM To: KrtJse, Sue; Bressner, Kurt Cc: Wallace, Peter; Prainito, Janet Subject: F?t~re Agenda Sue Please add to future agenda items: Joint City Commission/Chamber of Commeme Meeting/GIS Presentation - February 12th @ 6:30 p.m. HopefuUy it will be in the Library. I'll let you know as soon as I receive confirmation from Virginia. The wording may change but at least this is a start to get it on the agenda. Peter - it's a go for the GIS presentation on the 12th. Requested City- COrmmssion Meeting Dates [] November 21, 2000 { ~bar 5, 2000 [] December 19, 2000 [] ~anuary 2, 2001 XI-LEGAL ITEM A,1 CITy O .O TO .EACff ' AGENDA ITEM REQUEST FORM ,.,, Date Final Form Must be Turned in to City Clerk's Office Novem~r 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6; 2000 (5:00 p.m~) December 20, 2000 (5:00 p.tm) Reque~ed City Commi~qlon Meeling Dates [] Jannary I6, 2001 [] Febmary 6, 2001 [] February 20, 2001 [] March 6, 2001 Date Final Form Must be Turned in to City Clerk's Office January- 3, 2001 (5:00 p.m.) Jmauary 17, 2001 (5:00 p.m.) Febmasy 7, 2001 (5:00 p.m_) February 21, 2001 (5:00 p.n~) NATURE OF AG CNDA 1TEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RE( Em OMMENDATION: A motion to approve proposed ordinance to amend the investment policy of the General Ioyees' Pension Plan. EX[ LANATION: The General Employees' Pension Board approved the "Statement of Investment Policy", Exhibit A, t( outline the investment objectives of the Plan. PRe GRAM IMPACT: This will give diverSity in investment practice to the Plan's investment managers. FISCAL IMPACT: This would increase plan returns with possible reductions to required City contributions. ALTERNATIVES: N/A Department Head's Signature Department Name City Manager's Signature City Attorney / Finane. e / HI,man Resources S:kBb~ ~ETrNWORMSkAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 18, ARTICLE 11, DIVISION 5 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA TO AMEND THE INVESTMENT POLICY OF THE GENENRAL EMPLOYEES' PENSION PLAN; SPECIFICALLY AMENDING SECTION 18-145, ENTITLED "INVESTMENT OF FUNDS," BY REPEALING TI-W~ TERMS THEREOF AND RATIFYING AND ADOPTING THE TERMS OF THE INVESTMENT POLICY APPROVED BY THE GENERAL EMPLOYI~F~S' PENSION BOARD; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach adopted Ordinance 95-40 creating an Investment Policy for the General Employees' Pension Plan ("Plan"); and WHEREAS, the General Employees' Pension Board of Trnstees ("Board") has determined the necessity to amend the terms of the Investment Policy m order to meet the investment needs of the Plan in an ever-changing investment market; and WHEREAS, on September 15, 2000, the Board has approved and recommended the adoption a new invesunent Policy, as more particularly set forth in Exhibit "A"; and Wlq~REAS, it is the desire of the City Commission to adopt the Investment Policy recommended by the Board; NOW, THF~REFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: SeCtion 1. being true and correct and are incorporated herein by this reference. attached hereto are hereby incorporated herein. Section 2. The City Commission of the City of Boynton Beach hereby ratifies the Investment Policy approved and recommended by the General Employees' Pension Board of Trustees on September 15, 2000, as more particularly set forth in Exhibit "A.' Section 3. The foregoing "WHEREAS" clauses are hereby certified as All exhibits Chapter 18, Article II, Division 5, Section 18-145 of the Code of Ordinances of the City of Boynton Beach, Florida, entitled "Investment of Funds," is hereby repealed in it~ entirety and re-enacted as more particularly set forth in Exhibit Section 4. 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-lcttered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Section $. All Ordinances or parts of Ordinances, Resolutions or parts of Resolution~ in conflict bemwith be and the same are hereby repealed to the extent of such conflict. Section 6. 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 consid~d as Page 2 of 3 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 7. occurred: (a) the City Commission ha~ received and has accepted a report establishing the actuarial soundness of these amendments; and (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. 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 ,2000. ,2000. PASSAGE this day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner. ATTEST: ' CITY CLERK (CORPORATE SEAL) Page 3 of 3 STATEMENT OF TNVEST'MENT POI.ZCY FOR THE BOYNTON BEACH GENERAL EMPLOYEES' PENSZON FUND Adopted: February 28, 1996' Revised: September 15, 2000 ~zoduction purple of th~ Statement is to: 1) Provide the inves~nent manager a more accurat~ understanding of the Trust~es' inve~.ent object~ and, 2) Indlc~= the ~ by which bhe investment marmger's performance will be evaluated. I~NVESTMENT MANAGER RESPONSZBTI..Tr'~ES Within the guidelines and restrictions set forth herein, it is the intention of the Board to give the investment manager full investment discretion, with respect to assets under its management. The inve=i~,ent manager shall discharge its responsibilities in the same manner a~ it would if the Fund were governed by the fidudary responsibility provisions of the Employee Retirement Income Security Act of 1974 (ERZSA). Nthough the Fund Trustees acknowledge that E~SA does not apply to a governmental fund, it hereby imposes the fiduciary provisions of ERISA upon the inveabr~nt manager whose performance shall conform to the statutory provisions, rules, regulations, interpretations and case law of ER[SA. The inve=b.ent manager shall acknowledge, in writing, that it is a named fiduciary of the Fund. 2) The investment manager is expected to provide any reasonable information rec!uested by the Board of Trustees. At a minimum, each manager shall provide a quarterly report detailing their investment activityt the partfolio's current value, and any changes in investment philosophy or strategy. The Rrm's i~t manager is expected to meet with the Board of Trustees at least once per year. A designated representative will meet with the Board of Trustees, at least quarterly. A designated representative of a mutual fund company is net required te attend meetings with the Board of Trustees. 3) Unless otherwise provided by the Custodian, the investment manager will monitor' portfolio activity to minimize uninvested cash balances. 4) The inve=b.ent manager shall be responsible only for those assets under rcs management. s) It will ~e the responsibility of the inve~3~nt manager to review the monthly valuations provided by the Custodian and to note, in writing, any significant discrepandes from the valuations provided in their own reports. 2 !NVESTMENT GUZDELtN;; The Board of Trustees has established the following target asset allocation for the entire Boynton Beach Generat~EmplOyees' Pension Fund: Target Target Allocation Range ~ (at market) Equity securities 55% 30% - 70% Fixed income securities 45% 30% - 70% Cash 0% 0% - 10% To implement this strategy, the Board has chosen to hire one or more professional investment managers. Specific assignments and additional guidelines for each investment manager will be outlined in addenda to this overall Statement of [nvesb~ent Policy. The following guidelines and restrictions apply to all Fund investments. In accordance with the policies established by the Board of Trustees, the assets of the Boynton Beach General Employees' Pension Fund shall be invested in a dNemifled porlfolio of fully negotiable, equity, fixed income, and money market securities, provided they meet the following crttada: EQUITY SECURTI'[ES: 1) Invesb~ents in equity securities shall be limited to no more than 70% at market value nor 60% at cost valuation of the Fund's total asset value. 2) All equity inveab,,ents shall be limited to fully and easily negotiable equity securities. 3) No more than 5% at cost value of an investment manager's equity portfolio may be invested in the shares of a single corporate issuer. 4) Investments in stocks of foreign companies shall be limited to 20% (at cost) of the total inve~b.ent port:folio. 5) Investment in equity securities whose market capitalization is less than $3 billiOn dollars shall be limited to 20% of the total equity portfolio. 6) Investment in those corpomUons whose stock has been publicly traded for less than one year are limited te 15% of the equity portfolio. 7) Equities may be managed through the purchase of open-end, no-load mutual funds or commingled funds as long as these funds in aggregate adhere to the equity guidelines herein. 4 FIXED INCOME SECURITIES: 3.) The fixed income portfolio shall comply with the following guidelines: a) The'average credit quality of the fo(ed income portfolio shall be rated "A" or higher. b) The duration of the fixed income portfolio should be less than 3.50% of the duration of the market index. The market index is defined as the Merrill Lynch Government Corporate Bond Index. 2) InVestments in all corporate fixed income securities shall be limited to: a) those securities rated "BAA" or higher by Moody's or by Standard & Poor's 'rating services. Fixed income securrdes, which are downgraded below the minimum rating, shall be SOld at the earliest benefidal opportunity. b) securities issued by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia. c) no more than 10% et cost of an investment manager's total fixed income portfolio shall be invested in the securities of any single corporate issuer, 3) Inve=b~ents in Collateralized Mortgage Obllgetions (CMOs) shall be limited to 3.5% of the market value of the irrve=b.ent managem, tot31 portfolio and shall be restricted to issues which meet all of the following criteria: a) NI issues must be backed by mortgage securrdes issued, guaranteed, or fully insured by the Government National Mortgage Assodaflon (GNMA), the Federal Home Loan Mortgage Corporetlon (R-II. MC), tha Federal National Mortgage Association (FNMA) or that are rated'Aaa' by Moorly's or'AA.4' by Standard & Poor's rating services. b) All issues must pass the FF[EC High Risk Security Test on an annual basis. Any CMO issue held in the inveab,~ent managers' portfolio that fails the FF~EC test shall be sold at the earliest beneficial opportunity 4) There is no limit imposed on investments in fixed income securities issued directly by the United States Government or any agency or instrumentality thereof. $) Fixed income secuffdes may be managed through the purchase of open-end, no-load mutual funds or commingled funds as long as these funds in aggregate adhere to the fixed income guidelines herein. CASH EQUIVALENT sECURzT~ES: 1) The inv~estment manager may invest only in the following short-term investment vehicles: a) The money market or STLF provided by the Plan's custodian. b) Direct obligations of the United States Government with a maturity of one year or less. c) Commercial Paper with a maturity of 2.70 days or less that is rated A-! or higher by Standard & Pools or p-1 or higher by Hoody's. d) Bankers Acceptances issued by the largest 50 banks in the United States (in terms of total assets). PROHII~.i mD INVES'r~ENT~ Tnvestments in interest only or principal only C~lOs, predous metals, limited partnemhips of any kind, real estate, repurchase agreements, venture capital, futures contracts, options contracts, munidpal bonds, trading on margin and short selling are prohibited. REVIEW OF POI.~CY It is the intention of the Board of Tru~ee~__ of the Boynton Beach General Employees' Pension Fund to review this Statement of Inve~b,,ent Policy and its addenda periodically to amend it to reflect any changes in philosophy or objectives. However, if at any time the invesb,ent manager believes that the specific objectives defined herein cannot be met or that these guidelines unnecessarily constrict performance, the Board shall be so notified in writing. Adopted this Z~ day of ~ 2000. Revised this 15'~ day of Sentember. 2000. Boynton Baach General Employees' Pension Fund 6 2 3 4 6i 7i 81 9! 10~ 15 16 18 19 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE XI. LEGAL A. 4 ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER I, ARTICLE II OF ~LAND DEVELOPMENT REGULATIONS OF THE CITY OF BOYNTON BEACH, ENTITLED "DEFINITIONS", REGARDING TI4E DEFINITION OF A BILLBOARD; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City of Boynton Beach wishes to create a aesthetically pleasing commun/ty without visual blight; and WHEREAS, it is det~mfined that the presence of billboards within the community not only causes visual blight, but creates a visual distraction to motor vehicle traffic and pedes~an traffic; and WHEREAS, the City Commission of Boynton Beach recognizes any regulation imposed on signage must be done so as not to regulate the message or content on the sign, so that any sign that is allowed to be erected within the City can contain any words regardless of content; and WHEREAS, the City Commission of Boynton Beach recognizes the need for a well maintained and attractive appearance in the community and the need for individuals, organizations and businesses to engage in flee speech through the erection of signage within the City;, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLOK1DA: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. Chapter 1, Article II, of the Land Development Regulations of the CITY Page I of 3 J:kSHRDATAK2A~ORDk[.DR Change~Xantibillboa~.~rd.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 OF BOYNTON BEACH, entitled "Definitions", is hereby amended as follows: BILLBOARD - Signs or framework installed for the purpose of advertising or communicatin~ either commercial or noncommercial messages that refer to Somethin~ other than the name, primar~ character and/or purpose of the establishment or business on the prem/ses where the sign is located A ~; ..... " ....... *~ ^- ~ ~"';~:~ .......~ "~' Section 2. Conflicting Ordinances. All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 3. Severability. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 5. Inclusion in Code. It is the intention of the City Commission of the CITY OF BOYNTON BEACH, Florida, that the provisions of this Ordinance shall become and be made a part of the CITY OF BOYNTON BEACH Code of Ordinances; and that the sections of this ordinance may be renmbered or relettered and the word "ordinance" may be changed to "section," "article,'' or such other appropriate word or phrase in order to accomplish such intentions. Page 2 of 3 J:XSHRDATA~2A\ORD~LDR Changes~lltibitllx~m:l.ont.doe 3 4 5 6 7 8 ~oi 12i 131 16i 17! 18! 19 20i 221 231 24! 25 Section 6. Effective Date. This Ordinance shall become effective mediately upon adoption by the City Commission. ~FIRST READING this day of ,2000. SECOND, FINAL READING AND PASSAGE this day of ,2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk Page 3 of 3 Requested City Coram/ssion Meefiug Dates [] November 21. 2000 [] December 5. 2000 [] December 19_ 2000 [] January 2~ 2001 XI-LEGAL I'TEbl A.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST 0R v, Da~o Final Form Must be Turned into City Clerk's November 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) Decembe~ 6. 2000 (5:00p.m.) December 20. 2000 (5:00 p.n~) Requested City Commission Meeting Dates [] January 16, 200I [] Fehan~y 20, 2001 [] March 6, 2001 Date Final Form Must be Turned in to Ci~ Clerk's Office Sanua~ 3, 2001 (5:00 p.m.) Janua~ 17, 200I (5;00 p.n~) February 7, 2001 (5:00 p.m.) February 21, 2001 (5:09 p.n~) NATIJRE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement ,[] Presentation RECOMMENDATION: A motion to approve proposed ordinance to provide enhanced retirement benefits to include a DROP program to the members of the General Employees' Pension Plan. EXPL~NATION: The General Employces' Pension Board determined that best interest of the plan members wonid Sb: b. es~ .serv.e .d t.°~c~°~n, tin? the Plan as a dermed benefit Plan wi* enhanced benefits to the members, l_etter of p~em~er 1~, ]u~o Dy ~teve Pahnquist of Gabriel, Roeder, Smith and Co., summ~wizes benefit enhancements. It is imePe~'~stofZ ~b~eP2ePm°~eed2:f~nanc'e move through the Commission process by Janu_ar, y,,, 2, 2001 City Commission .g g~ the p~an may make an informed decision regarding the Early Retiromem Incentive Program" window and benefit enhancements with the DROP program. PROGRAM IMPACT:, The benefit enhancemants wffi benefit all mambers of the General Employces, Pension plan. FISCAL IMPACT: Provides increased benefits to members without increasing the associated costs of such increased benefi s to the City. ALTE SSBULL] INATIVES: N/A Department Head's Signature Depamnant Name Cit~ Manager's Signature City Attorney / Finance / H,,man Resources T12CFORMSXAGENDA ITEM REQUEST FORM.DOC ORDtNANCE NO. ~° ~'~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 18, ARTICLE H OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA TO ~ROVIDE ENHANCED RETIREMENT BENEFITS TO THE MEMBERS OF THE GENERAL EMPLOYEES' RETIREMENT PLAN; SPECIFICALLY AMENDING SECTION 18-79 AND 18-117 TO PROVIDE THAT A MEMBER SHALL BECOME VESTED IN THE PENSION PLAN UPON COMPLETION OF FIVE (5) YEARS OF SERVICE; AMENDING SECTION 18-94 TO REQUIRE EMPLOYEE CONTRIBUTIONS TO INCREASE TO SEVEN PERCENT (7%) OF MONTHLY EARNINGS; AMENDING .SECTION 18-111 TO PROVIDE THAT ON OR AFTER ~ NORMAL RETIREMENT MAY OCCUR AFTER AN EMPLOYEE'S FIVFY FIFTH (55th) BIRTHDAY AND COMPLETION OF TWENTY-FIVE (25) YEARS OF SERVICE, SIXTY-SECOND BIRTHDAY (62nd) AND FIVE (5) YEARS OF SERVICE OR THIRTY (30) YEARS OF SERVICE REGARDLESS OF AGE; FURTHER AMENDING SECTION 18.111 TO PROVIDE A THREE PERCENT (3%) BENEFIT MULTIPLIER TO A MAXIMUM OF SEVENTY-FIVE PERCENT (750/0) OF AN EMPLOYEE'S FINAL AVERAGE MONTWLY COMPENSATION; AMENDING SECTION 18-114 TO PROVIDE A PENALTY FOR EARLY R_ETIREMENT;~MENDING SECTION 18- 115 TO PROVIDE A DEATH BENEFIT FOR VESTED EMPLOYEES WHO DIE PRIOR TO RETIREMENT; CREATING ANEW SECTION 18-127 TO PROVIDE A DEFERRED RETIREMENT OPTION PLAN ("DROP"); AUTHOI~IZING A ONE,TIME OPTION TO ENTER THE DROP FOR THOSE MEMBERS WHO EXCEED THE ELIGIBILITY DATE TO ENTER THE DROP UPON THE ADOPTION THEREOF; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEYERABILITY, AND PROVIDING FOR .~N EFFECTIVE DATE. WHEREAS, the General Employees' Pension Plan (the "Plan") of the City of CODING: Words in swike-tlm~agh type are deletion from existing law; Words in underscored_ type are additions. Page 1 of 13 \\CI-BMAlI~SHRDATA~CA\ORDkPen~ion~raendment Io General Emp's p~rtsion Planl2140~.doc Boynton Beach ("City") is a defined benefit Plan; and WIIEREAS, the Board of Trustees ("Board") of the General Employees Pension Plan of_the City of Boynton Beach studied the proposition of converting the Plan to a defined contribution Plan; and WI-IEREAS, the Board determined that it would be in the best interests of the Plan members for the Plan to continue as a defmed benefit Plan, but to modify the Plan to provide increased benefits to the members without increasing the associated costs of such increased benefits to the City, pursuant to Section 18-11 l(c) of the Plan; and WIIEREAS, the City Commission of the City of Boynton Beach, Florida, has received an actuarial report in connection with the above mentioned requested change to the Plan and desires to hereby amend the Plan as requestedi and WIIEREAS, the City Commission has re;viewed the recommendations of the Board and finds the amendments to the Plan proposed bythe Board as provided herein to be in the best interests of the Plan members and the City; NOW, TIIEREFORE, BE IT ORDAINED BY TIlE CITY COMMISSION OF TI-IE CITY OF BOYNTON BEACII, FLORIDA, TIlAT: Section 1. The foregoing "WHEREAS" clauses are hereby certified as being tree and correct and are incorporated herein by this reference. CODING: Words in stt4tcq~m~h type are deletion from existing law; Words in underscored type are additions. Page 2 of 13 \\CH~VIAIN\SHRDATA\CA\Oan\Pension~Amendment to General Emp~ Pension Plmll21400.doc Section 2. Chapter 18, Article II, Division 2, Section 18-79 of the Code of f~ Ordinances of the.City of Boynton Beach, Florida. entitled "Termination of Membership," is hereby.amended to read as follows: Sec. 18-79. Termination of membership. (a) Should any member separate from the service of the city for any mason except his retirement, death or termination alter having completed five (5) t:n /~ m years of credited service or after total and permanent disability he shall thereupon cease to be a member of the plan and his credited service at that time shall be forfeited by him except as provided by section 18-117 of tiffs article. (b) A member of the plan who transfers to employment at the City of Delray Beach at the South Central Regional Wastewater Treamaent and Disposal Facility and subsequently becomes a member of the City of Delray Beach pension plan shall not be considered to have i,tminated service with. the city for the purpose of det~ardning whether or not he has completed five. (5~ *~ ,,m or more years of service unless and until such member either withdraws his contribution under this plan as described in section 18-17 but for the purpose of determining the amount of annuity described in section 18- 111 or 18-114 such service after transfer shall not be counted. Section 3. Chapter 18, Article II, Division 3, Section 18-94 of the Code of Ordinances of the City of Boynton Beach, Florida, entitled "Employee Conlributions," is hereby amended to read as follows: Sec. 18-94. Employee contributions required. Subject to the limitations imposed in section 18-95, employees who are members of the plan shall contribute f~.~ ..... seven percent (7%) of nthly amings in ~x ~' - ~.~,- .............. CODING: Words in ~ type are deiedon from existing law; Words in underscored type are additions. Page 3 of 13 \\CI-BMAIN~SHRDATA\CA\ORD~Pension~M'aendmenl to General Erap's Pension planl21400.doc ~;s454S-.-.-.-.-.-~ to the fund for that month. Section 4. Chapter 18, Article IL Division 4, Section 18-111 of the Code of Ordinances of the City of Boynton Beach, Florida, entitled "Normal Retirement," is hereby amended to read as follows: Sec. 18-111. Normal retirement. (a) An employee who retires on or after January 1, 1977, but before ,2000 will normally retire on the first day of the month following b/s or her sixty-second (62"d) birthday or the first day of the month following ten (10) years of completed scnvice with the city, wtfichever is later. (b) An employee who retires prior to January 1, 1977 will normally retire on the first day of the month following his sixty-fifth (65~h) birthday or the first day of the month following ten (10) years of completed service with the city, whichever is later. (c) On or after ,2000, an employee will be eligible to retire on the first day of the month following his or her fil~t'y-fifl'h (55th) birthday and completion of twenty-five (25) years of sen, ice, or his or bet sixty second (62nd) birthday and completion of five (5) years of service, or thirty (30) years of service regardless of age. (e~l_) In the event of normal retirement, the retiring employee shall be entitled to and shall be paid an annuity payable monthly beginning with the month of retirement and continuing until death. The amount of annuity to which the retiring employee will be entitled will be calculated as follows: CODING: Words in ~ type are deletion from existing law; Words in underscored type are additions. Page 4 of 13 \\CI'~MAIN~HRDATA\CA\ORD~Pension~Amendment to General Emp's Pension Plan 121400.doe (1) An employee who retires prior m October 6, 1988, shall be eligible re receive a monthly benefit computed in accordance with the provisions of the plan as in effect as of the date of his retirement; provided, however, that with respect to those employees who retired prior to J_anuary 1, 1977, effective as of January 1. 1977 the retirement benefit ~yable to each such individual was increased by twenty-five pement (25%) as of that date; and, provided further, that effective as of October 6, 1988, the monthly benefit payable to each individual who retired before such date shall be increased by two percent (2%) of each such individual's current benefit times the number of full years between each such individual's most recent retirement date and October 6, 1988. (2) An employee who retires prior to October 6, 1988, shall be eligible to receive a monthly benefit computed in accordance with the provisions of the plan as in effect as of the date of his retirement. An employee who retires on or after October 6, 1988, but before , 2000, shall be entitled to, and shall be paid, an annuity payable monthly beglnmng with the month of retirement and continuing until death. The amount of the annuity to which the retired employee will be entitled will be equal to fifty percent (50%) of his final average monthly compensation plus seventy-five percent (75%) of the excess over eight hundred twenty-five dollars ($825.00) of such final average monthly compensation; provided, however, the employee has completed at least twenty-five (25) full years of credited service at his normal retirement date. If the employee's credited service at normal retirement date is less than twenty~five (25) full years, the aforesaid amount shall be reduced for the shorter service by multiplying it by a fraction, the numerator of which is the employee's full years and fractions thereof in months of credited service at normal retirement date and the denominator of which is twenty-five (25) years. (3) An employee who retires on or after , 2000, shall be entitled to and shall be paid an annuity in the amount of three percent (3%) times the number of ye~r$ of his or her service to the City times his or her Final Averag¢'Mnnthly Compensation, subject in any event to a maximum of seventy five percent (75%) of his or her Final Average Monthly CODING: Words m ........ ~ type are deletion from existing law; Words in underscored type are additions. Page 5 of 13 (~4_) "Final average monthly compensation," for the purposes of this section, shall mean the monthly average of the employee's earnings during the highest sixty (60) consecutive calendar months occurring in the one hundred twenty (120) calendar months immediately preceding his normal retirement date if such date falls on or after January 1, 1979, and based upon compensation immediately preceding actual retirement date if normal retirement date preceded January 1, 1979, or he elected to continue to contribute after normal retirement date as provided in section 18-95. "Earnings" as used in the above sentence shall mean gross earnings received by the employee as compensation for service to the city including overtime pay and sick pay paid in the lump sum at termination or retirement but excluding bonuses. (45) Elective Benefits. The City may, from time to time, offer elective benefits to employees, which benefits would be funded solely by employees contributions and would not result in any additional cost to the city. Section 5. Chapter 18, Article II, Division 4, Section 18-114 of the' Code of Ordinances of the City of Boynton Beach, Florida, entitled "Retirement Prior to Normal Retirement Date," is hereby amended to read as foiiows: Sec. 18-114. Retirement prior to normal retirement date. (a) The early retirement date of an employee shall be the first day of any month prior to his or her normal retirement date and following, or coinciding with, the date of actual retirement, provided (s~he has then completed less than thirty (30) years of service, but at least. (a) ---v w vj ....... ~-~.~;,~ .....· ~. n.~ ten (10) years of credited service and has attained his or her fifty-fitdi (55a) birthda~ or (e_b) twenty-five (25) years of service and has attained fifty-two (52) years of age. An employee who retires on an early retirement date shall be entitled to a deferred annuity payable be~nning at his or her normal retirement date or, if (s~he so elects, to an immediate annuity beginning at his or her early retirement date. The amount of the deferred aunuity will be equal to a benefit determined as for normal CODING: Words in z~2:c ~.rc.::gk type are deletion from existing law; Words in underscored type are additions. Page 6 of 13 retirement under the provision of section 18-111, but based on the employee's final average monthly compensation as of his or her early retirement date and his or her-credited service as of such early retirement date. If the retiring employee elects to receive an immediate annuity commencing at his or her _early retirement date, the amount of such immediate annuity shall be the ac-' "'~'~ ....... .... .~ ........ :--~'~* cf ~.e deferred annuity described in the preceding sentence, less one-quarter of one percent (.25%) times the number of months preceding his or her normal retirement date., _.~..:a~ u ......... ,u~, ,,.~ dcfcrr:d .... j ............... ~. ....... ,~ ............ '_ :: :'' : - :- , (b) Prior to , 2000, t-f if__the employee retires after achieving fifty-two (52) years of age and twenty-five (25) years of service, the immediate annuity shall be the actuarial equivalent of the immediate annuity received had the employee retired at fifty-five (55) years of age with twenty-five (25) years of service. Section 6. Chapter 8, Article II, Division 4, Section 18-115, entitled "Death Before Retirement Date," is hereby mended as follows: Sec. 18-115. Death before retirement date. Ia Prior to ,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 per cent (3%) per annum to January 1, 1977 and five per cent (5%) thereafter, computed in the manner provided in section 18o 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. CODING: Words in sa~k~aha~gh type are deletion from existing law; Words in underscored type are additions. Page 7 of 13 On or after , 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 .W_ho was not vested, may receive the total mount of contributions by said ~mployee 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. Section 7. Chapter 18, Article Il, Division 4 shall hereby be amended to create a new Section 18-117, entitled "Termination of Services Prior to Eligibility for Retirement," provided as follows: Sec. 18-117. Termination ofsendces prior to eligibility for retirement. In the case of voluntary resignation or discharge of any member of the plan, the total amount contributed by said employee to the fund up to the time of his resignation or discharge (together with interest at the rate of three per cent (3%) per annum to January 1, 1977, and five per cent (5%) per annum thereafter compounded from the end of the year in which contributions are made to the date of termination of service) shall be returned and said employee shall immediately cease to be a member of the plan and shall not be entitled to any other benefits from the plan unless the member has completed tm ~. v~ five (5) years of credited service under the plan or is totally and permanently disabled. If he has completed t~a-61-O) five (5) or more years oferedited service or is totally and permanently disabled he shall be fully vested and entitled to a deferred annuity commencing at his normal retirement date. The monthly amount of such deferred annuity shall be an amount computed in the same manner as the deferred annuity described for early retirement in section 18-114. For the purpose of such calculation, the members date of termination of employment shall be considered as his early retirement date. ' CODING: Words in ~'~ ~.u.~..~, · ........ ~ type are delelaon from existing law; Words in underscored type are additions. Page 8 of 13 \\CHhMAIN~S HRDATA\CA\ORDXPensionXAmendment to Crenetal Emp's Pension Plan121400.doe An employee who is entitled to a deferred annuity under the provisions:of this section 18-117 may waive his right to such deferred annuity and accept in lieu thereof the total amount he has contributed to the pension fund (together with interest thereon as described above) up to the time of his ~-~gnation or discharge. In the event of resignation or discharge of any member as described in this section 18-117, any contributions theretofore made by the city relating to such member, with accruals thereon, which have not vested in accordance with the provisions of this section 18-117, shall be used to reduce contributions to be made thereafter by the city and shall not be used to increase the benefits of any member. Section 8. Chapter 18, Article 1I, Division 4 shall hereby be amended to create a new Section 18-127, entitled "Deferred Retirement Option Plan," provided as follows: . Sec. 18-127 Deferred Retirement Option Plan (a) A deferred retirement option plan ("DROP") is hereby created. (b) gll,m,'hility to participate in the DROP is based upon eligibility for normal service reurement in the Plan. (c) Participation in the DROP must be exercised within the first thirty (30) gears of employment: provided, however, that participation in the DROP, when combined with participation in the retirement plan as an active member may not exceed thirty-five 05) years. The maximum period of participation in the DROP is five (5) years. An employee's election to participate in the DROP plan nhall be irrevocable and shall be made by executing a resi~ation notice on a form prescribed by the City. (d) Uoon exorei~ing the fight to participate in the DROP, an efiililO~'S ~redltahle service, accrued benefits and compensation calculation shall be frozen and ~qhall ntilize the average of the five (5) hie3aest of the ten (10) years immediately preceding participation in the DROP as the CODING: Words in ~ type are deletion from existing law; Words in underscored type are additions. Page 9 of 13 compensation basis. Accumulated, unused sick and vacation leave shall be included in the compensation calculation; provided, however, that a minimum.balance of 120 hours of sick leave and 120 hours of vacation leave shall be maintained by the employee and excluded from th/s calculation. The retained leave balance, including any additions, shall be distributed at the ~unclusion of DROP participation and separation from service. (e) Payment shall be made into the employee's DROP account as if the employee had terminated employment in the City m an amount determined by the employee's selection of the payment Option. (f) An employee's account in the DROP program ~hall earn interest in one (1) of three (3) ways. The selection of the earn/rigs 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%); or (3) In a self-directed account utili~ino ngnmal lSmd~ selected by the Board. (g) An employee shall terminate sen4ce with the City at the, conclusion of five (5) years in the DROP. (h) All interest shall be credited to the employee's DROP account on the last day of the month in which the member separates from service. In the event that a member dies while in the DROP, interest shall be prorated to the last business day of the month preceding the death of the member. (i) Upon temfination with the City, an employee may receive, oawnent within forty five (45) days of the member requesting payment or may defer navment until a time not later than the latest date authorized by Section 401(a)(9) of the Internal Revenue Code at the option of the member. CODING: Words ' -~:'-~ +~' .... u · m ......... ~,.. type are deletton from existing law; Words in underscored type are additions. Page 10 of 13 \\CI-BMAIN~HRDATA\CA\ORD~Pension~%mendment to Oefl~al Emp~ Pension Planl21400.doc (j) Payments fi.om the DROP ma~' be received as a lump sum installment payment or annuity, provided, however, that at all times, the DROP shall be subi ect to the provisions of the Internal Revenue Code. (k) No payment may be made fi.om the DROP until the employee actually separates fi.om service with the City. (1) If an employee shall die during participation in the DROP, a survivor benefit ~qhall be pa,~able in accordance with the tom of benefit chosen at the time of entry into the DROP. (m) Upon commencement of participation in the DROP, the member shall no longer be eligible for disability retirement fi.om the pension plan. Ifa member becomes disabled during the DROP period, the member shall be treated as if (s)he retried on the day prior to the date of disability. Section 9. The City Commission of the City of Boynton Beach hereby grants. a one-time opportunity to participate in the DROP to those members of the General Employees Pension Plan who have already exceeded the eligibility date for the DROP upon the effective date of this ordinance. A member who elects to take advantage of this limited opportunity shall enroll in the DROP in accordance with the temxs and provisions of the Plan within forty-five (45) calendar days of the effective date of this ordinance and may participate in the DROP for a maximum of five (5) years. Section 10. It is the intention of the City Commission of the City of Boynton Beach that the pmmsions 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 CODING: Words m ......... ~. type are deletion fi.om existing law; Words in underscored type are additions. Page 11 of 13 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 11. 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 12. If any clause, section, or other part or application of this Ordinance shall be held by any cota~ of competent jurisdiction to be unconstitutional or invalid, guch 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 fome and effect, Section 13. occurred: (a) 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; and CODING: Words in ~ type are deletion from existing law; Words in underscored type are additions. Page 12 of 13 \\CHXMAIN~HRDATA\CA\ORD~Pen~ionkAmendmem to General Emp's Pension Planl21400.doe Co) when a collective bargaining agreemem 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. Upon satisfaction &all of the above requirements, then in that event, the terms and provisions of this Ordinance shall become effective. FIRST READING this / ~ day of '~---ff-~/~/~--.~ , 2000. SECOND, FINAL READING and PASSAGE this day of ,200L CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: CITY CLERK (CORPORATE SEAL) CODING: Words in s~il~tlar-magh type are deletion from existing law; Words in underscored type are additions. Page 13 of 13 \\Ch-~dAib~HRDATA\CA\ORD~Pension~mendment to C~n~ral Emp's p~nsion Planl214OO.floe TO: FROM: RE: DATE: MEMORANDUM Honorable .Mayor and City Commission Kurt Bressner, City Manager B. arbara LaDue, Pension Administrator Diane Reese, Finance Director Julie Klahr, Assistant City Attorney Proposed Ordinance - General Employees' Pension Plan December 14, 2000 ~.ttached pleased fred a revised version of the proposed ordinance mending the General Smployees' Pension Plan. This version is a revision from the copy in your agenda packets. Lfter finalizing the ordinance for the agenda, I had a telephone conversation with Steve ~almquist, the actuary for the Pension Plan. At his direction I made certain revisions to correct' ,crivener's errors, as well as one substantive modification. Specifically, the amendments made are as follows: Section 5 of the ordinance amends {}18-114 of the Code of Ordinances to provide an early retirement penalty. In §18~114(a), the first reference to "less one-quarter of one percent (.25%) times the number of months preceding his or her normal retirement date" was deleted. The effect of this modification is that if a plan member chooses to retire prior to their nonnal retirement date, but elects to receive a deferred annuity payable upon their normal retirement date, there is no penalty. Therefore, it was necessary to remove this penalty language from that portion of the ordinance. If, however, upon early retirement, the plan member chooses to receive an immediate annuity be~nning at the date of early retirement, the penalty would be imposed. At this same location in the ordinance, the term "actuarial equivalent of the" deferred annuity was deleted. To recalculate the deferred annuity to its actuarial equivalent would reduce 'the amount of the annuity. Deletion of this phrase precludes a double penalty for early retirement. Additional language was deleted from this paragraph. Other modifications to this pension plan made this language unnecessary. A spelling correction was made in Section 8 of the ordinance in §18-127(i) to correct the spelling of the word "defer". Additionally, § 18-1270) was corrected to reflect the Internal Revenue "Code". One additional modification is required to be made. Section 3 of the ordinance amending §18- 115 to provides for how and when a beneficiary of a plan member would be entitled to receive the deceased's benefit. For those members who vest in th~ plan prior to their death, their beneficiary will receive their pension benefit. The language in the ordinance does not provide to whom such a benefit may be paid la spouse, child or other beneficiary) or for how long the benefit shall be paid. Mr. Palmquist is preparing additional actuarial data in order for such a determination to be made, but such information is not ready at this time. It will be necessary to amend the ordinance at second reading in order to clarif.v this issue prior to adoption. If you should have any questions in regards to this matter, please do not hesitate to contact me. H:\1990\900182.BBkMEMO\General Employees Pension Plan - enhanced bcncfits2.doc GABRIEL, ROEDER, SMITH & COMPANY Consultants & Actuarie~ 301 East Las Olas Blvd. · Suite 200 · Ft. Lauder~ale, F't. 33301 · 954-527-1616 · FAX 954-525-0083 September 14 2000 Ms. Barbara LaDue Pension Administrator City of Boynton Beach General Employees' Pension Plan !00 E. Boynton Beach Boulevard Boynton Beach, Flodda 33425-0310 Re: General Employees Pension Plan Dear Barbara: We have valued the final set of benefits selected by the Board of Trustees. As indicated by the ~nclosed table, the required City contribution would rise slightly from 3.82% to 3.87% of covered 'rayroll. )roposed changes in benefits ara as follows: · Multiplier changed to 3% per year of service; maximum pension would be 75% of average final compensation. · Employee contribution changed to 7% of pay. · 100% vesting after f'we years of service. · Early retirement penalty reduced to 3% per year. · Praratirament death benefit to be provided in the event of death of a vested member. "~ ~e Implement a deferred retirement option plan (DROP).. tandem nefit cnanges, we nave included the fo'flowing changes in assumptions: . The 8% assumed rate of investment return would be changed from a gross to a net rate. As a result, investment related expenses would not have to be added to normal cost. This will mean that the fund's gross return will have to be about 8.5% in order to net 8%. Barbara LaDue Boynton Beach General September 14, 2000 Page Two 2. Reduce expected rate of inflation from 4.5% to 3.5%. Reduce the salary increase assumption by 1.5% per year. New rates will range from 7.2% at age 25, to 5.8% at age 45, to 3.5% at age 65. 4. Reduce the expected rate of employment terminations by 15%. .. 5. Increase probabilities of retirement. We hope this package is in keeping with the Board's wishes. We lOOk forward to a discussion at the Board's meeting on September 15~. Sincerely yours, J. Stephen Palmquist JSP/or Enclosures GABRIEL. ROEDER. SMITH & COMPANY SUMMARY OF VALUATION RESULTS: '~ . ' : -- I Before Changes I Alter Changes ~. Number Included in the Valuatfon 1. Active Members 499 499 i 2. Inactive Members 153 153 i. Covered Annual Payroll $ 17,094,127 $ 16,882,743 ONG RANGE COST · :': C. Actuarial Present Value of Projected Benef'~s 71,243,690 73,139,838 D. Actuarial Value of Assets 53,943,256 5~,943,256 E. Actuarial Present Value of Future Contributions i 1. Total: C-D 17,300,434 19,196,582 i 2. Portion Assigned to Unfunded Actuarial ' Accrued Liability (UAAL) (4,397,230) (1,406,711 ) i 3. Portion Assigned to Futura Normal Costs 21,697,664 20,603,293 CURRENT ANNUAL COST ' '~ F. Annual Payment Needed to Amortize UAAL (778,644) (609,374) ! As % of B (4.55)% (3.61)% G. Annual Employer Norrnal cost 1,431,346 1,261,900 ! As % of B 8.37% 7.48% H. Required Employer contribution on the i Valuation Date: F+G 652,702 652,526 i As % of B 3.82% 3.87% I- Increase Due to Rise in Projected Payroll from i Val. Data to contribution Date 34,030 23,807 Ji Required Employer Contribution: H+I 686,732 676,333 I~. Year to Which Contributions Apply I ' 1. Plan Year Ending 9/30/00 9/30~00 i 2. Employer Fiscal Year Ending 9/30/01 9/30/01 I 3. Assumed Date(s) of Employer contributions 10/15/00 10/15/00 R~quested City Commission Meefin~ Dates , - [] N~vember 21, 2000 [] D( [] ~ NAT~ AGE~ cember 5, 2000 cember 19, 2000 tuary 2, 2001 RE OF DAITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Xl. LEGAL A. 3 Date Final Form Must be Turned in to City Clerk's Office November 9; 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) Requested City Commission Meetine Dates [] January 16, 2001 [] February 6, 2001 [] February 20, 2001 [] March 6, 2001 Date Final Form Must be Turned in to City Clerk's Office January 3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21, 2001 (5:00 p.m.) [] Administrative [] Development Plans [] Consent Agenda [] New Bus/ness [] Public Hearing [] Legal [] Bids [] Umqnished Business [] Announcement [] Presentation EXPL, PROJE AGEN' OWN] LOCA' ION: DESC[ IPTION: PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~LTERNATIVES: N/A RECOM~ENDATION: Please place this request on the December 19, 2000 City Comm~sion Agenda under Legal, Ordinances - First Reading. As you may recall, tMs request was approved at the December 5, 2000 City Commission meeting to abandon a 30-foot Right-of-Way easement (there are no cundition~ recommended by staffnns the Planning and Devele 3merit Board). Staff recommends that this request be approved. kNATION: ~ N~: BOYNTON BEACH BOULEVARD PCD (BJ's WHOLESALE CLUB) (RIGHT-OF-WAY) Roscoe L. Biby, P.E. Kimley-Hom and Associates, Inc. University of Florida Foundation, Inc., A Florida Corporation and University of Florida Foundation Inc., A Florida Corporation, as Trustee Southwest comer of Boynton Beach boulevard and Winchester Park Boulevard Request for abandonment of 30-foot Road Right-of-Way easement. Zeniag~firector Dda~t~p/n~gnt ~[~ep-arV~e~ ]gireetor City Attorney / Finance / Human Resources ORDINANCE NO: R00- AN ORDINANCE OF THE CITY COMMISSION OF THE C1TY OF BOYNTON BEACH, FLORIDA, ABANDONING A THIRTY (307 FOOT ROAD RIGHT-OF-WAY (B]'s WHOLESALE CLUB), SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ABANDONMENT; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREA~, Roscoe Biby of Kimley-Horn & Associates, Inc,. as agent for B.I's Wholesale Club, has requested abandonment of a thirty (30~ foot road right-of-way, located on the Southwest corner of Boynton Beach Boulevard and Winchester Park Boulevard; and WHERE/~, comments have been solicited from the appropriate City Departments; and WHEREAS, public hearings have been held before the City's Planning and Zoning Board and the City Commission on the proposed abandonment; and WHEREA~, based on the foregoing information, the said road right-of-way no longer serves any useful purpose. NOW, THEREFORE, BE TI' ORD.~NED BY THE cTrY COHMt'SS[ON OF THE CI'TY OF BOYNTON BEACH, FLORIDA, THAT: ~ The City Commission of the City of Boynton Beach, Florida by and through its City Commission does hereby abandon a thirty (30~ foot road right- of-way, located at the Southwest corner of Boynton Beach Boulevard and Winchester Park Boulevard and more particularly described herein as Exhibit "A". 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. ~ 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 ordinance: SeCtionS. This ordinance shall passage. 2001. shall not affect the remainder of this become effective immediately upon FIRST READING this __ day of December, 2000. SECOND, FINAL READING AND PASSAGE this I day of ]anuary, CTTY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Al-rES'f: City Clerk S:ca\Ord'~band\BYs 30~ROW EXHIBIT ~A" The 30.00 foot Road Right-of-Way lying in Palm Beach Farms Corn pany Plat No. 8, as recorded in Plat Book 5, Page 73, of the Public Records of Palm Beach County, Florida, _being described as follows: Bounded on the North by the South Right-of-Way line of Boynton Beach Boulevard (S.R. 804), bounded on the East by the West line of Lots C, D, E Block 4 and Lots A. Block 4 and Lots A, B, C, D, E, Block 28 and bounded on the South by the Easterly extension of the South line of Lot E, Block 28, all lying in Palm Beach Farms Company, Plat No. 8. .] L,,,._ ~EXHIBIT" t I ! BOYNTON BEACH BLVD. &'o ,'"~'v J I' ! TO BE ABANOONID 'REC '~°o o' .' DISCLAIMER 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 and disclaim a thirty (30~) foot road right-of-way, located at the Southwest corner of Boynton Beach Boulevard and Winchester Park Boulevard. The attached composite Exhibit "A" includes the legal description of the property, and includes a diagram of the specific roadway to be abandoned. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of.lanuary, 2001. ArrEST: CITY OF BOYNTON BEACH, FLORIDA Suzanne Kruse, City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, the Gerald Broening, Mayor ) )SS: ) undersigned authority, personally appeared GERALD BROENING and SUZANNE KRUSE, Mayor and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who execute~ the foregoing in~bument, 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 3anuary, 2001. My Commission Expires: NOTARY PUBLIC, State of Florida EXHIBIT "A" The 30.00 foot Road Right-of-Way lying in Palm Beach Farms Company Plat No. 8, as recorded in Plat Book 5, Page 73, of the Public Records of Palm Beach County, Florida, being described as follows: Bounded on the North by the South Right-of-Way line of Boynton Beach Boulevard (S.R. 804), bounded on the East by the West line of Lots C, D, E Block 4 and Lots A. Block 4 and Lots A, B, C, D, E, Block 28 and bounded on the South by the Easterly extension of the South line of Lot E, Block 28, all lying in Palm Beach Farms Company, Plat No. 8. i I - ;~.BOYNTON BEACH BLVD. ~'o. NA¥ON, KOPELMAN, O'DONNELL ~ LAYII P.A. FACSLMILE TRANSMISSION TOt ' TO: . , Facsimile No.: Fac.single ?~.: ~ , ,, x~ ~e~4m~FAx~t AN~ FAX i~t'~t Requested City Commission [] Nov~nber 21, 2000 [] December 5, 2000 [] ~ecember 19, 2000 [] J~nuary 2, 2001 XI-LEGAL ITEM A.4., A. $ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clark's Office November 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) Requested City Coramission Meetin~ Dates [] January 16,2001 [] February 6, 2001 [] February 20, 200l [] March 6, 2001 Date Final Form Must be Turned in to Ciw Clerk's Offi¢g Jalluary 3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21,2001 (5:00 p.m.) T~RE [] Adm/nistrative [] Development Plans NA OF [] Consent Agenda [] New Business AGE~DA ITEM [] Public Hearing [] Legal I [] Bids [] UnfinishedBnsiness i [] Annotmcement [] Presentation RECOMMENDATION: Adoption of proposed ordinance. EX.PI Regul~ expira Regul~ legal d both ti ANATION: This is one of two(2) proposed ordinances, both amending provisions of the Land Development tions that address signs. The proposed changes reflect an ongoing review of the sign code stimulated in by the ion of the five year amortization period and by staffand legal review of implementation and enforcement issues. tory ordinances such as the sign code are frequently subject to changing zoning considerations, market conditions, and ~velopmants. Amendments such as the ones contained in this ordinance will be proposed from time to time to enhance e nsabi/ity and the enforceability of the regulations. Additional ordinances will follow in the near future. PROG~4,M IMPACT: Enhanced usability and enforcemem of the sign regulations. FISC3 ALTI~ L IMPACT:None ~IATIVES:None Deparm~t ffe~d's Signature Cit7 Attorney's Office Department Name City Manager's Signature City Attorr~/l~il~ance / Human Resources s :XB ULLETIN~O RM S ~AGENDA ITEM REQUEST FORM.DOC XI. ORDINANCE NO. 0 00- AN ORDINANCE OF THE CITY OF COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 21, SIGNS, OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES; PROVIDING FOR CLARIFICATION OF PURPOSE; AUTHORIZING NON-COMMERCIAL COPY ON ANY SIGN; DELETING BULLETIN BOARDS, OCCUPATIONAL SIGNS, MEMORIAL SIGNS, TRAFFIC SIGNS, VEHICULAR SIGNS, DANGER SIGNS, AND COMMERCIAL ADVERTISING MATTER FROM THE CATEGORY OF EXEMPTIONS; CLARIFYING LIMITATIONS ON OBSCENE OR MISLEADING ADVERTISING; CLARIFYING RESTRICTIONS ON DIRECTIONAL SIGNS; ELIMINATING CERTAIN RESTRICTIONS ON TEMPORARY POLITICAL SIGNS; DELETING LIMITATIONS ON DISPLAY SPACE ON BUS SHELTERS; CLARIFYING THE APPROVAL PROCESS FOR TEMPORARY BANNERS; CLARIFYING RESTRICTIONS ON REAL ESTATE SIGNS; CLARIFYING RESTRICTIONS ON SIGNS IN INDUSTPJAL ZONING DISTRICTS; CLARIFYING RESTRICTIONS ON SIGNS IN CENTRAL BUSINESS DISTRICT; CLARIFYING RESTRICTIONS ON SIGNS IN PLANNED DISTRICTS; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, AND PROVIDING AN EFFECTIVE DATE. LEGAL A. 5 WHEREAS, the City administration has been in the process of a review of the ~rovisions of the City's Sign Code and has made recommendations based upon administrative considerations, emerging trends, aesthetic concerns, and emerging legal guidelines; and W[r~REAS, the City Commission has determined that it is in the best interest of the community to amend provisions of the Sign Code to facilitate enfomement, admin/stration, and to comply with emerging legal guidelines; and WHEREAS, the amendments hereinafter set forth will facilitate the adm/nistration of the City'S regulation of signs in a manner which balances aesthetic concerns, commercial needs, and existing property rights. 1 JSSHRDATA\CA\ORD~LDR Changes~C P.J~.PTER 21 Sign Code.doe 12/6/00 JAC/lmf NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are rme and correct and hereby ratified ar;d confirmed by the City Commission. Section 2. Chapter 21, Signs, of the Land Development Regulations, Part III of the Code of Ordinances is amended as follows: CHAPTER 21 SIGNS Article I. Article II. Article III. Article IV. In General Variances/Exemptions and Prohibitions Special Conditions Signs Allowed ARTICLE I. IN GENERAL Section 1. Short title. This chapter shall hereafter be known and cited as "The Boynton Beach Sign Ordinance." Section 2. Purpose. The purpose of this article is to create the framework for a comprehensive and balanced system of sign control. It recognizes the need for a well maintained and attractive appearance in a community and the need for adequate commercial and non-commercial site l~aaess-identification, advertising and communication. It is the intent of this chapter to promote the health, safety, convenience, aesthetics and general welfare by controlling signs which are intended to communicate to the public and to authorize the use of signs which are: A. Compatible with their surroundings. Designed, constructed, installed and maintained in such a manner that they do not endange~ public safety nor contribute to vehicular visual distraction. C. Efficient in transfer of information. D. Aesthetically pl~in~_ and do not cause a visual distraction to pedestrians. E. A safeguard and an anhaneement to property values within the community. JAC/lmf F. Designed to preserve the beauty and nnlque character of the city. Any ~ign containing noncommercial copy shall be deemed an on-premises sign, and any sign authorized in th/s chapter is allowed to contain noncommercial copy in lieu of~any other copy. Section 3. Penalties; enforcement. Any person violating any of the prowsions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine not exceeding five hundred ($500) dollars. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Enforcement of this chapter may also be secured through the Code Enforcement hearing process under Chapter 2, Article V of the Boynton Beach Code of Ordinances. Section 4. Permitting. Except as provided in Article II, Section 2 it shall be unlawful for any person to erect, repair, alter, or relocate within the city any sign or other advertising structure as defined in this chapter, without first obtaining a permit from the Boynton Beach Development Department and making payment of the fee required. All illuminated si~ shall, in addition, be subject to the provisions of the National Electrical Code. Signs or sign smactures previously erected without a valid pemait shall be in violation of this chapter and shall be deemed illegal signs. It shall be mandatory to obtain a permit for an illegal sign, or to mediately remove such sign or sign structure upon notice that the sign or sign structure is illegal. The notice shall contain a time period for removal. Section 5. Application. Application for permits shall be made upon blank~ provided by the development department and shall contain or have attached thereto the following information: A. Name, address and telephone number of the applicant; B. Location of building, structure or lot to which, or upon which, the sign or other advertising smacture is to be attached or erected; C. Position of the sign or other advertising structure in relation to nearby building, structures and property lines; D. Two (2) copies of the plans and specifications and method of construction and attachment to the building or in the ground. Plans must include all pmpnsed sign colors. 3 E. Documents showing that the structure is designed for dead load and wind load tn any direction ~n an amount consistent with the requirements contained in the Standard Building Code and as required by th/s and all other laws and ordinances of the city. The seal of a Florida registered engineer or architect shall be affixed to drawings of s~gns or sign stmcturesJ~hich have an area exceeding thirty-two (32) square feet and/or exceeding ten (10) feet in height, certifying that such signs are designed to meet the required loading. In cases when required by the director of development, signs shall show calculations for wind loading. F. Name of person, firm, corporation or association erecting the sign structure; G. Written consent of the owner of the building, smacture or land to which or on which the structure is to be erected; H. The type of sign or sign structure as defined by this chapter; I. The estimated value of the s~gn and/or sign structure; J. All electrical details required to determine code compliance for the~ign; and K. All such other information as the development department shall require to demonstrate compliance with this and all other laws and ordinances of the city. Section 6. Permit issuance. The development department shall examine plans and specifications and other data and the premases upon which it ~s proposed to erect the sign or other advertising structure, and if it appears that the structure is in compliance with all the requirements of this chapter and all other laws and ordinances of the city, the department shall issue a sign permit. All permits are subject to the requirements contained in the latest adopted Countywide Administrative section of the Standard Building Code. Section 7. Permit fee. Every applicant, before being granted a permit hereunder, shall pay a fee to the developmem department prior to permit review or issuance. Any sign erected or in the process of being erected without a permit is subject to a total p~:iuit fee of four (4) times the normal permit fee. Section 8. Annual inspection. The city may inspect at any time eaCh sign or other advertising structure regulated by this chapter for the purpose of ascertaining whether the same is unsafe, in need of repair or J:~S HRDATA\C A\ORD'~LDR Chang~'xCHAPTER 21 Sign Code.doe 12/6/00 JAC/lraf maintenance, not in confomaance with the permit application or otherwise in violation of the provisions of this chapter. Section 9. Revocation of permit. The development department is authorized and empowered to revoke any permit issued if there has been a violation of the provisions of this chapter or a misrepresentation of fact on the permit application and specified in the latest adopted Countywide Administrative Section of the Standard Building Code. Section 10. Unsafe and unlawful signs. If it is determined that any sign or other advertising structure regulated herein is unsafe or insecure, or is a menace to the public, or has been construcred or erected or is being maintained in violation of the provisions of this ordinance, he shall give written notice to the owner thereof. If the owner fails to remove or alter the structure so as to comply with the standards herein set forth within the time prescribed in the notice, such sign or other advertising structure may be removed or altered to comply by the city at the expense of the permittee or owner of the property upon which it is located. The development department shall not issue a permit to any permittee or owner who refuses to pay costs so assessed. The director of development may cause any sign or other advertising structure which presents an immediate peril to persons or property to be removed without notice. Section 11. Permit number posting. Every sign or other advertising structure hereafter erected shall have placed in a conspicuous place thereon, the permit number of the sign. Section 12. Maintenance. The owner of any sign as defined and regulated by this chapter shall be required to properly maintain said sign. For a sign to be properly maintained, the sign, together with its framework, braces, angles or other supports shall be in a safe condition, properly secured, supported and braced and shall be able to withstand weather conditions and loads as required by the regulatory codes in effect within the municipal limits. Maintenance shall include painting and parts replacement. Section 13. Licensing, competency of contractors. A person shall not engage in the business of erecting, painting, wiring or maintaining signs within the city without first having procured an occupational license for such business from both the city and the county. The following qualifications shall govern the categories of sign work: 5 $:~SHRDATA\CA~ORD\LDR Change~CHAPTER 21 Sign Code.doc 12/6/00 JAC/Imf A. Sign contractor, electrical. Those who are qualified and licensed to install, repair, alter, add to or change any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs and who are also qualified to erect signs. Such contractor may connect to any existing sign circuit and may contract and secure permits for the erection of electrical signs or sign structures. B. Sign contractor, non-electrical. Those who are qualified and licensed to install, repair, add to, paint or change non-electrical signs, according to the Standard Building Code and who may secure permits for the erection of electrical signs or sign structures (but must sublet the electrical work unless an electrical contractor is associated with the firm). C. Owners, lessees. Notwithstanding either of the above classifications, nothing herein contained in this section shall be construed to prevent an owner or lessee of property from constructing and erecting a non-illuminating sign or sign structure, not exceeding thirty- two (32) square feet in area and/or six (6) feet in height, on said property. Such work shall be erected in a professional manner and shall comply with all other sections of this chapter. Section 14. Wind pressure and dead load requirements. All signs and other advertising structures shall be designed and constructed to withstand wind and dead loads as required by the Standard Building Code or other ordinances of the city. ;ection 15. Removal of abandoned signs. Any sign now or hereafter existing which no longer advertises a bona fide business conducted or a product sold shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found, within ten (10) days af~er the business use ceases. ARTICLE II. VARIANCES/EXEMPTIONS AND PROHIBITIONS Section 1. Variances. After denial of a sign permit by the development depadment, a request for variance may be filed with the board of zoning appeals. The board of zoning appeals may grant a variance if it finds that the unusual shape or topography of the property in question prevents signage allowable under the provisions of this ordinance from adequately identifying the business or other activity located on such property. The board of zoning appeals may only grant a variance to: A. Allow a setback less than that required under the chapter; B. Allow the area and/or height of a sign to be increased by up to twenty-five (25) percent of the maximum allowable height or area; or 6 C. Allow the number of signs to be increased over the maximum allowed by this code. Nq variances may be granted to signs expressly prohibited by this chapter. (Ord. No. 96'61, § 1, 1-21-97) Section 2. Exemptions. The permit requirements of this chapter shall not apply to the following signs, provided however, that said signs shall be subject to other provisions of this code: A. Real estate signs not exceeding five (5) square feet in area which advertise the sale, rental or lease of the premises upon which such signs are located. These signs must be set back ten (10) feet from the property line, meet the structural requirements and must not exceed four (4) feet in height. Only one (1) such sign is allowed per street frontage. B. A single residential yard sign, not exceeding three (3) square feet in area C. Window/door si~n~ using less than twenty (20) percent of the total glass area facing in any one direction. This area is not included in the total sign area allowed under this chapter. These sienna are not permitted in residential zoning districts. Chapter. Political signs. These signs must comply with Article III, Section 6.D of this E. Flags. J. Signs indicating the address and/or name of the residential occupants of the premises, not exceeding two (2) square feet in area. 7 J:~S HRDATA\CA\O RD~LDR Changes~CHAPTER 21 Sign Code.doe 12/6/00 JAC/lmf L. Bus shelter signs. Section 3.~' Prohibitions. The following signs and related equipment are prohibited in all districts: A. Any sign and/or sign structure which does not meet all the criteria set forth in this chapter. B. Animated/fluttering signs . C. Balloons D. Banners (not including special civic event, recreational, expositional or temporary business identification signs) E. Bus bench signs F. Festoons G. Flashing signs H. Roof signs I. Rotating sis'ns J. Signs that swing IC Sidewalk signs (sandwich/"A" frame) I. Portable signs M. Signs that obstruct free ingress to or egress from a door, window, fire escape or other required exit or entrance. O. Snipe signs or signs attached to or painted on fire escapes, television antennas, satellite dishes, utility poles or any other associated structure. P. Signs which emit odors, sounds, smoke, vapor or other visible matter. $:kSHP,.DATA~C AK) RD\LDR Changes\CHAPTER 21 Sign Code.d°c 12/6/00 [ JAC/lmf Q. Signs or sign structures supported by visible guy wires, cables or where there is visible electrical conduit. R._ Unauthorized signs on property owned by or under control of the City of Boynton Bbach. S. Banners over any street, sidewalk, within a city park or playground without a )ermit being issued. T. Off premises signs, except those permitted under Chapter 21, Article III, Section 6 (Special Signs) or Chapter 22, Article II, Section 7, Paragraph O (Neighborhood Identification Signs). U. Electrical or illuminated signs cf a *cmmcrc:'.x! na~arc in residential zoning districts, except that in a development where models are being demonstrated, an illuminated sign, meeting the other requirements of this chapter, may be used provided no illumination is shown between the hours ofg:00 p.m. and 7:00 a.m. the following day. W. Billboards. X. Non-geometric signs shaped to depict figures or demonstrative shapes used to attract attention to the business activity with which the sign is associated. Y. Painted Wall Signs. (Ord. No. 96-61, § 2, 1-21-97; Am. Ord. 98-03, § 1, 1-20-98) ARTICLE III. SPECIAL CONDITIONS Section 1. Traffic hazards. No sign or other advertising structure regulated by this chapter shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision; or at any location where, by mason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. Section 2. Obscene matter/misleading advertising. 9 J:~SHRDATA~CA\O RDkLDR Change~\CHAPTER 21 Sig~ Code.d~: 12/6/00 SACflmf It shall be unlawful for any person to display upon any sign or other advertising ........... matter. structure any obscene oD indecent ~-: ..... ~ It shall be unlawful for a person to display false or misleading statements upon signs, calculated to mislead the public as m anything sold, any services to be performed or informati6n disseminated. The fact that any sign or display shall contain words or language sufficient to mislead a reasonable and prudent person in reading same, shall be prima facie evidence of a violation of this section by the person displaying the sign or permitting same to be displayed. Section 3. Aesthetics. The aesthetic quality of a building or an entire neighborhood is materially affected by achieving visual harmony of the signs on or about a structure as it relates to the architecture of the building or the adjacent surrotmdings. In addition to the mechanical limitations on sing imposed by this section, there are certain aesthetic considerations which must be met and are therefore subject to review by the Planning and Development Board when required. A. The scale of the sign must be consistent with the scale of the building on which it is to be placed or painted and the neighborhood in which it is located. However, in no case shall it exceed the size provided for in other sections of this chapter. B. The overall effect of the configuration or coloring of the sign shall be consistent with the Community Design Guidelines. The configuration and colors shall be complementary with other signs already on the building and on adJaCent properties. All freestanding signs shall be landscaped in an attractive manner, appropriate to the specific location, with a minimum dimension of the landscaped area not less than two (2) feet. Landscaping shall be protected from vehicular encroachment. Section 4. Interpretation. Where a question arises regarding the interpretation of this chapter, the most restrictive interpretation shall prevail. Interpretations of this chapter shall be made by the director of development or designee. Section 5. SetbaCks. All signs must meet a minimum ten (10) foOt setback measured from the property line to the closest surfaCe of the sign. Where a bUilding is closer than ten (10) feet fi'om a property line, a freestanding sign can have its leading edge one half way between the property line and the building. Wall signs can be on the building surface. 10 ' J:~SHRDATAK2A'~ORD~LD R Chang~CHAPTER 21 Sign Code.doe ~I 2/6/00 When an accessway intersects a public right-of-way or when the subject property abuts the intersection of two (2) or more public rights-of-way, all signage within the triangular areas described below shall provide unobstructed cross-visibility at a level between thirty (30) inches and six (6) feet. The triangular areas above referred to are: A.' The areas of property on both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way line with two (2) sides of each triangle being ten (10) feet in length (or more when determined to be necessary by the development department), from the point of intersection and the third side being a line connecting the end of the other two (2) sides. B. The area of property located at a comer formed by the intersection of two (2) or more public or private rights-of-way, with two (2) sides of the triangular area being thirty- five (35) feet in length along the abutting public right-of-way lines, measured from their point of intersection and the th/rd side being a line connecting the ends of the other two (2) lines. Section 6. Special signs. A. Temporary project development signs. Large areas under development shall be permitted two (2) signs not to exceed a combined aggregate area of two hundred fifty (250) square feet. Said si~ shall be located in accordance with the requirements contained in this chapter relating to the specific zoned area. Permits for said signs shall be limited to the time the development is completed, terminated or abandoned. The permits for such signs will not be issued prior to the date upon which an application for a pemait for the related building construction or site development is filed. These signs must be removed within sixty (60) days after the permit is issued, if construction has not commenced, or if such construction is substantially abandoned for ninety (90) days, as evidenced by a lack of inspections and/or other pertinent conditions. Signs must be removed when the final building inspection is called for. B. Tempora~ construction signs. One (1) non-illuminated sign may be pemfitted to be erected on the premises or attached to a tool house on the premises subject to the following conditions: 1. Such sign shall not exceed thirty-two (32) square feet in area. 2. Such'sign shall not be erected prior to the issuance of a building permit and must be removed when the building or project is completed; provided, however, if such sign is erected as permitted hereunder and construction is not commenced within one hundred eighty (180) days after p~,uit is issued, or if such construction is substantially abandoned for one hundred eight (180) days as evidenced by a lack of anccessful inspections and/or other pertinent conditions, such sign shall be immediately removed by the owner or lessee of the premises. 11 J:~SHRDATA\CA\ORD~LDR Changes~CHAPTER 21 Si~n Code.doe 12/6/00 JAC/lmf 3. Such sign shall be located on the premises being developed in accordance with the requiremems of this Code relating to the specific zone areas. C. Directional signs. (1) General directional signs limited to six (6) per civic organization, church, recreational facility and limited to one hundred forty-four (144) square inches per sign and located at street intersections or other locations for the convemence of the traveling public, may be permitted in city fight-of-way when approved by the director of development. The owner shall have the signs made at the owner's expense, but according to the specifications of the city. Said signs shall be placed by the responsible governmental body at the expense of the owner and when the sign is in the public right-of-way, it shall be placed on opposite comers from street signs. A limit of six (6) signs on one (1) pole may bi permitted at each street intersection. temporary nature, not to exceed seventy-five (75) square feet in area, ~, may be permitted. Such signs shall be located at specified points for the convenience of the traveling public. The signs shall be removed within five (5) days of the completion of the event. 3. Street signs. A subdivision name sign may be placed on a city street post by city personnel, provided it is requested through the Public Works Department and paid for by the party requesting said sign. This sign shall be identical to the street sign as to color, size and shape. 4. Temporary directional signs may be erected to guide traffic to building models at intersections in the city rights-of-way. Such signs shall not exceed three (3) square feet in area, nor be more than three (3) feet in height above the grade of the right-of-way. Said signs shall be approved by the development department. Not more than six (6) such signs will be allowed for any one (1) development. These signs shall be placed at the development depatm~ent's discretion and in all cases shall be placed as close as possible to the development from the main thoroughfare. 5. A residential subdivision, residential development or neighborhood association of twenty-five (25) units or more, may be allowed one (1) identification sign at each major intersection which serves the residential subdivision, residential development or neighborhood association, not to exceed two such locations. Each sign may have no more than two (2) faces not exceeding sixteen (16) square feet each face, and may be located in the public right-of-way when traffic visibility is unobstructed and the location is approved by the director of development. Upon approval, the city and the representatives of the residential subdivision or residential development or neighborhood association shall enter into a license agreement, setting forth the terms and conditions upon which approval to place the sign on J'SS HRDATA\CAXO RDXLDR ChangesXCIqAPTER 21 Sign Code.doc[2 the public fight-of-way is granted. Approval does not preclude the necessity to secure approvals from other governmental agencies. D. Temporary political signs may be posted on private property within the city during thee ~ixty~vv~r~m ~ay period preceding any local, state, or national election, with the consent of'the property owner. Candidates or parties desiring to post such signs shall file with the city Clerk a notiCe of intention, to post same prior to the posting of any such sign ...... on. _.No fee shall be required in connection with the posting of temporary political signs. Political circulars and handbills may be ~listributed within the city during the abc;'c ..... J ww da:,'same period. All political signs must comply with the structural and setback requirements of this Code. E. Bus shelter signs. Signs on city transit 'stop shelters may be permitted when authorized by written agreement approved by action of the City Commission pursuant to the provisions of Section 337.407(2), F.S. When so authorized, the following standards shall apply: 1. Signs on city transit stop shelters and associated structares and equipment, including but not limited to benches, bicycle racks, and trash receptacles, shall be permitted only at city transit stops designated by the city, or other areas approved by the City. Placement of bus shelters shall be subject to city review .so that no shelter shall be permitted to obstruct a public sidewalk or create a hazard or to otherwise be detrimental to the public safety. A permit for each bus shelter shall be required, but no permit fee shall be charged. 2. Bus shelters and associated structures or equipment shall be designed to meet city building code requirements, if any. 3. Any bus shelter or associated structures or equipment located on a sidewalk within a public right-of-way, shall be so located so as to leave at least thirty-six (36) inches clearance for pedestrians and persons in wheelchairs. Such clearance shall be measured in a direction perpendicular to the centerline of the road. In addition, shelters and pads shall comply with the Americans with Disabilities Act Implementation Manual, Accessibility Guidelines for Transportation Facilities; Part IV of the Federal Register, Transportation for Individuals with Disabilities; Florida Statutes, Section 337; the Florida Administrative Code Rule Chapter 14-20 and any city standards or guidelines for placement and design. 4. Not more than one bus shelter or associated structures or equipment displaying signage or intended for the display of signage shall be permitted at a city transit stop. 5. Display space on bus shelters shall be limited in location and size to the side or rear wind screen panels T~ .... ,. .... ~ ~, ........ :~+~ ~,_.~,. .......... : ..... 13 J:\SitLRDATA\CA\Oan\LDRChanges~CHAPTER21SignCode.doc 6. Should any bus shelter, associated structures or equipment or sign on an associated structure or equipment, or bus shelter sign tail to conform to the above standards;'or should a residential property owner object to the presence of a bus shelter abutting his property, then the city may order the sponsoring organization to remove such bus shelter and, that failing, may remove same at the expense of the sponsoring organization. F. Temporary banners may be posted on private commercial or industrially zoned property within the city for one period of time not to exceed two weeks within a one year period. No ' ............ ~' ..... ' .... *'~ '~:~-~"~'~ "';+*'~"* "~** ......... ~ :- exceed an area of twenty (20) square feet each, may not be placed in setbacks, and may not :rea~e any obstruction to motorist visibility. Applicant shall agree to remove banners within twelve hours upon posting of a tropical storm or hurricane watch. This subsection shall not be applicable to the City of Boynton Beach, nor shall it prevent the City from using banner signs to announce municipal activities, events or programs. (Ord. No. 96-61, § 3, 1-21-97; Ord. No. 97-42, § 1, 8-19-97) Section 7. Nonconforming signs. A sign or advertising structure in an area annexed into the city after the adoption of Ordinance No. 91-1 (January 15, 1991) shall be brought into compliance with all provisions of the Sign Code within six (6) months following the date of annexation. No amortization period provided herein shall apply to signs within such annexation areas. A billboard sign in an area of Palm Beach County which is annexed into the City of Boynton Beach after the date of adoption of Ordinance No. 94-18 (June 21, 1994) shall be brought into compliance with all provisions of the Sign code within five (5) years following the date of annexation, provided that any billboard on undeveloped land shall be brought into compliance as a condition precedent to the issuance of any development order sought prior to the five-year amortization period. An existing billboard sign which was annexed into the City of Boyaton Beach after January 15, 1991 shall be brought into compliance within five (5) years from the date of adoption of Ordinance No. 94-18 (June 21, 1994). The provisions >f this section which define and delineate a nonconforming sign shall apply to all billboards annexed into the city. Any existing sign which does not conform to the requirements of this chapter, shall hereafter be deemed nonconforming. All signs must be maintained to original standards and conditions and upon modification must comply with all sections of this chapter. Relettering or change of copy, provided there ~s no alteration or repair made to the sign structure, shall not constitute a modification. 14 J:~S HRDATA\CA\ORD~LDR Changes\CHAPTER 21 Sign Code.dec 12/6/00 [AC/lmf Nonconforming signs shall be removed, changed or altered to conform to the provisions of this chapter by December 31, 1999. A..sign shall not be deemed nonconforming if any one of the following conditions apply: A. The sign is a freestanding sign which does not exceed 24 feet in height but is othenvise in conformance with all provisions of this chapter; or B. The sign is a wall sign or freestanding sign which does not exceed the sign limitations set forth in this Sign Code by more than 20 percent and is otherwise in conformance with all provisions of this chapter; or ' C. The sign is a freestanding sign which does not meet the setback requirements of this chapter, but does not otherwise violate the setback requirements set forth in Article [II, Section 5 or any other provisions of this chapter. If any nonconforming sign is damaged by any cause or is otherwise in need of repair, to such an extent that the cost of repairing the sign equals fifty (50) per cent or more of the original cost of the sign, then its classification as a "nonconforming" sign under this section shall be automatically revoked and repairs shall be made so that such sign shall meet all the requirements of this chapter. (Ord. No. 96-61, § 4, 1-21-97) Section 8. Overhead clearance. A sign projecting over areas where vehicular traffic may be required to pass shall be erected to maintain a minimum clearance of sixteen (16) feet for the free passage of such vehicles. ARTICLE IV. SIGNS ALLOWED Section 1. Signs allowed in residential zoning districts. The following signs are allowed and regulated in residential zoning districts: A. One (1) plaque not exceeding two (2) square feet in area. B. On plots containing permitted nonresidential structures or uses, a fiat or freestanding sign, not exceeding thirty-two (32) square feet in area will be permitted for the limited purpose of advertising only the main use of the premises. A flat wall sign on a building must not be higher than ten (10) feet, and a freestanding sign must not be higher than six (6) feet. Signs on entry walls may not extend above the top of the wall. 15 J:~SHRDATAX, CA\O RD~DR Changes~CHAPTER 2l Sign Code.doe 12/6/00 JAC/lmf C. Temporary real estate signs 1. Single Family: One (I) real estate sign not exceeding five (5) square feet in area and no taller than four (4) feet is allowed per street frontage. 2. Multi-family or commercial: One (1) real estate sign not exceeding thirty-two (32) square feet in area and no taller than six (6) feet is allowed per street frontage. D. A condominium, residential development, or incorporated residential neighborhood association may erect single faced name signs on each side of all entrances on site walls or one (1) freestanding monument sign for each entrance. These signs are not to exceed thirty-two (32) square feet in area, nor be more than six (6) feet in height. E. Directional signs for multi-family or permitted nonresidential structures, not exceeding four (4) square feet in area nor five (5) feet in height_may be allowed at points of regress and egress. (Ord. No. 96-61, § 5, 1-21-97) Section 2. Si~.q allowed in commercial nonresidential districts not otherwise excluded. The following signs are permitted and regulated in all commercial nonresidential districts not specifically set forth elsewhere in this chapter: A. One (1) real estate sign advertising the sale, rental or lease of a premises "Fzr '.: - - : :~ -_ ", may be placed on the premises and shall not exceed thirty-two (32) square feet in area, nor six (6) feet in height. One (1) such sign is permitted for each street frontage. B. One (1) double faced freestanding sign advertising *ta~}s~-activit¥ occurring on of-the premises. The maximum area for this sign shall be one (1) square foot of area for e'-~h linear foot of street frontage; no such sign shall exceed sixty-four (64) square feet in area. No sign shall be taller than twenty (20) feet: C. One (1) or more fixed projecting or flat wall sign(s) which advertises ~: ot.ractivity occurring on the premises, provided that for the projecting sign, the sign and its supports shall not extend more than three (3) feet beyond the face of the wall, nor shall either sign extend above the parapet of the building or beyond the building comers. The maximum area for this signage shall be one and one half (1-1/2) square feet of area for each one (1) foot of linear building frontage. D. In addition to the other signs in this section, one (1) on-premises sign, described as follows, shall be pen'aiRed in those commercial districts of the city where drive through restaurants are permitted. Said sign shall be an exterior single-face menu sign with illustrated face not to exceed twenty-five (25) square feet. Such signs will allow for instructions on use of pick-up window service and list the menu and price of items to be served, with the top of the sign not to exceed five (5) feet above ground level at the base of the sign. 16 $:XSI-1RDATA\CA\O RDLLDR Challge~\CHAPTER 21 Sign Code.doe 12/6/00 JAC/lmf E. Non-illuminated identification signs shall be permitted on the rear door of all business establishments provided such signs are limited to three (3) square feet in area. F.* - Directional signs, not exceeding four (4) square feet in area, nor five (5) feet in height ~ith a limit of four (4) signs per lot, located at points of parking lot ingress and egress. G. Temporary business identification signs shall be permitted instead of other wall signs permitted in this section. One (1) temporary sign for a maximum of thirty (30) days, can be permitted when a Certificate of Occupancy has been issued, pending the approval of a sign application, if at the time of the Certificate of Occupancy an application for a sign permit has been submitted to the development department. Section 3. Signs allowed in shopping centers and public use districts. The following signs are permitted and regulated for shopping centers: A. One (1) real estate sign advertising "For Sate/Rent/Lease", may be placed on the premises and shall not exceed thirty-two (32) square feet in area, nor six (6) feet in height. One (1) such sign is permitted for each street frontage. B. One (1) freestanding sign advertising ~h~-useactivitv conducted on --of the premises. The maximum area for this sign shall be one (1) square foot of sign area for each linear foot of street frontage of the lot provided such sign does not exceed one hundred sixty (160) square feet in area or a maximin height of twenty (20) feet. Lots which front on more than one (1) collector and/or medal roadway shall be allowed one (1) additional freestanding sign, not to exceed one hundred sixty (160) square feet in area with a maximin height of twenty (20) feet, to be located on the additional roadway. C. One (1) or more flat wall sign(s) which advertises ~activit¥ occurring on the premises. The maximum area for this signage shall be one and one half (1-1/2) square feet of area for each one (1) foot of linear building frontage. D. Where a covered Walkway is present, each store shall be permitted one (1) under canopy sign not to exceed three (3)square feet in area. This sign shall be placed in front of each occupancy perpendicular to the building face under the covered walkway and shall not be less than ninety (90) inches fi:om the walkway, with a rigid mounting. E. A directory sign, not exceeding eighteen (18) square feet in area, is permitted. This directory sign can not exceed a height of six (6) feet and must be placed within the builcling setback area. F. Non-illuminated identification signs shall be p~mdtted on the rear door of any business establishment, provided they are limited to three (3) square feet in area~ 17 J:~SHRDATA\CA\ORD~LDR Changes\CHAPTER 21 Sign Code.do~ 12/6/00 JAC/lnff G. Directional signs, not exceeding four (4) square feet in area, nor five (5) feet in height with a limit of four (4) signs per lot, located at points of parking lot ingress and egress. H.~. Temporary business identification signs shall be permitted instead of other wall signs allowed in this section. One (1) temporary sign for a maximarn of thirty (30) days, can be permitted when a Certificate of Occupancy has been issued pending the approval of a sign application if at the time of the Certificate of Occupancy, an application for a sign permit has been submitted to the development department. Section 4. Signs allowed in malls. The following signs are permitted and regulated in malls: A, Exterior building wall signs, one per exterior wall face of each major department store and other center section stores with exterior customer entrances. These signs must not exceed ten (10) percent of the exterior wall face upon which they are attached. Each entrance ~om the public right-of-way into the mall will be allowed a. three-sided freestanding sign not to exceed thirty-two (32) square feet in area per sign face. A freestanding sign, in compliance with Article IV, Section 3.B will be permitted in lieu of the above referenced entrance signs. B. Directional signs, not exceeding four (4) square feet in area, nor five (5) feet in height with a limit of four (4) signs per lot, located at points of parking lot ingress and egress. C. A directory s~gn, not exceeding eighteen (18) square feet in area, is permitted. This d/rectory sign can not exceed a height of six (6) feet and must be placed within the building setback area. D. Non-illuminated identification signs shall be permitted on the rear door of business establishments, provided they are limited to three (3) square feet in area. E. One (1) real estate sign advertising "For Sale/Rent/Lease", may be placed on the premises and shall not exceed thirty-two (32) square feet in area, nor six (6) feet in height. One (1) such sign is permitted for each street frontage. Section 5. Signs allowed in industrial zoning districts. The following signs are permitted and regulated in industrial zoning districts: A. One (1) real estate sign advertising that a premises is for sale, rent or lease" . ~ -~ ", may be placed on the premises and shall not exceed thirty-two 18 JSSHRDATA\CA\ORDkLDR ChangeskCHAPTER 21 Sign Code.doe 12/6/00 JAC/lmf (32) square feet in area, nor six (6) feet in height. One (1) such sign is permitted for each street frontage. B. One (1) freestanding sign, not exceeding sixty-four (64) square feet in area, advertising~Xhz u:e ,vfacfivity occurring on the premises. This sign shall be predicated on the basis of orie half (1/2) square foot of sign area for each one (1) linear foot of street frontage, with a maximum height of twenty (20) feet. C. One (1) or more fixed projecting or flat wall sign(s) which advertises activity occurring on *~c ~::z v, the premises, provided that for the projecting sign, the sign and its supports shall not extend more than three (3) feet beyond the face of the wall, nor shall either sign extend above the parapet of the building or beyond the building comer. The maximum area for this signage shall be one (1) square foot of area for each one (1) foot of linear building frontage. D. Non-illuminated identification signs shall be permitted on the rear door of business establishments, provided they are limited to three (3) square feet in area. E. A directory sign, not exceeding eighteen (18) square feet in area, is permitted. This directory sign can not exceed a height of six (6) feet and must be placed within the building setback area. F. Lots which have uses which front on 1-95 may be permitted additional flat sign(s) subject to the limitations imposed in Article IV, Section 5.C if the building is designed to front on 1-95. For purposes of clarification, fronting in this section means that the building entrance faces 1-95 and no garage doors are visible from the Interstate. Additionally, the area between the use and the Interstate must be landscaped as if it were fronting on a street. G. Directional signs, not exceeding four (4) square feet in area, nor five (5) feet in height, with a limit of four (4) signs per lot, located at points of parking lot ingress and egress. H. Temporary business identification signs shall be permitted instead of other wall si~ permitted in this section. One (1) temporary sign for a maximum of thirty (30) days, can be permitted when a Certificate of Occupancy has been issued pending the approval of a sign application, if at the time of the Certificate of Occupancy, an application for a sign p~mit hwq been submitted to the development department. Section 6. Signs in the central business district. The following signs are permitted and regulated in the central business district (CBD): 19 J3SHRDATA\CA\ORDkLDR Change~\CHAPTER 21 Sign Code.doc 12/6/00 JAC/lmf A. One (1) real estate sign advertising that a premises is for sale, rent or lease," . ~_~ ~ ", may be placed on the premises and shall not exceed sixteen (16) square feet in area, nor six (6) feet in height. BS. One (1) freestanding sign, not to exceed eighty (80) square feet in area, advertising activity occuring ont~he-use of--the premises. The maximum area for this sign shall be one (1) square foot of sign area for each one and one half (1-1/2) linear feet of street frontage, with a maximum height of twenty (20) feet. C. One (1) or more fixed projecting or flat wall sign(s) which advertises activity occuring on the-us~the premises, provided that for the projecting sign, the sign and its supports shall not extend more than three (3) feet beyond the face of the wall, nor shall either sign extend above the parapet of the building or beyond the building comer. The maximum area for this signage shall be one (1) square foot of area for each one (1) foot of linear building frontage. D. Directional signs, not exceeding four (4) square feet in area, nor five (5) feet in height, with a limit of four (4) signs per lot, located at points of parking lot ingress and egress. E. Where a covered walkway is present, each store shall be permitted one (1) under canopy sign not to exceed three (3) square feet in area. This sign shall be placed in front of each occupancy under the covered walkway and shall not be less than ninety (90) inches from the walkway, with a rigid mounting. F. Identification signs shall be permitted on the rear door of business establishments, provided they are limited to three (3) square feet in area. G. Temporary business identification signs shall be permitted instead of other wall signs allowed in this section. One (1) temporary sign for a maximum of thirty (30) days, can be permitted when a Certificate of Occupancy has been issued pending the approval of a sign application, if at the time of the Certificate of Occupancy, an application for a sign permit has been submitted to the development depaxhuent. Section 7. Signs permitted in planned districts. The following are the general requirements for signs in planned districts (PUD, PCD and PID); for specific allowable signage, see the regulations for each regnlar zoning district. A. Purpose and intent. The purpose of this section is to encourage continuity for signage in the planned districts, while allowing for flexibility with respect to type, color, number, location (exclusive of setbacks) and design of signs. The ganeml requirements for each planned district can be found in the corresponding regular zoning district in this sign chapter. The approval of signs in planned districts require the submission of a sign program ~or the entire project as part of the site plan approval process. 21) tSSHRDATA\CA\ORD~LDR Changes~CHAPTER 21 Sign Code.doc B. Sign. program. All requests for approval of a sign program shall be filed as part of the orig/nal site plan approval process or as a modification to the approved site plan. All applications shall be filed by the sign owner or his agent, w/th the appropriate fee and shall describe and set forth the following: 1. The type and number of signs or sign structures. 2. The area per sign and dimensions of structures. 3. Three (3) certified copies of the site plan showing sign location, sign elevations and construction details, such as materials, colors, wind resistance requirements and structural details. 4. In addition to the above, one (1) set of colored sign elevations with all copy shown in the type style to be used. Section 3. Conflicting Ordinances. All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Severability. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 5. Inclusion in Code. It is the intention of the City Commission of the CITY OF BOYNTON BEACH, Florida, that the provisions of this Ordinance shall become and be made a part of the CITY OF BOYNTON BEACH Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. 21 JSSHRDATA\CA\ORD~LDR Changes\CHAPTER 21 Sign Code.doe 12/6/00 JAC/lraf Conu~.iSs' ~n. FIRST READING this SECOND, FINAL READING AND PASSAGE this Section 6. Effective Date. Ordinance shall become effective thirty (30) calendar days after adoption by the City day of ,2000. day of ,2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk 22 J:XS FIRDATA\CA\ORD~LDR Changlis~CHAPTER 21 Sign Cod¢.do~ 12/6/00 /AC/Imf Requested City Commission Meeting Da~_s [] November21, 2000 ] December 5, 2000 [] D~cember 19, 2000 [] January 2, 200I CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Fonu Must be Turned in to City Clerk's Office November 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) Requested City Comm/ssion Meetinq Date~ [] January 16,2001 [] February 6, 2001 [] February 20, 2001 [] March 6, 2001 XI-LEGAL ITEM B.1 Date Final Form Must be Turned in to City Clerk's Offic~ January 3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21,200I (5:00 p.m.) NATU~ OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Please place the attached ordinance, peitaining to the request below on the January 2, 2001City Comm ssion agenda under Legal--Ordinance 1st Reading. As you may recall, the amendment was approved for transmittal to the Flo 'ida Department of Community Affairs (DCA) at the July 5, 2000, City Commission meeting to amend the Compr ~hansive Plan Future Land Use Element by establishing overlays and design plans for primary target areas. There are no obje :fions, recommendations or comments by the DCA. Please note the bold and crossed-out text within the staff report represe ats changes, recommended by staff, to the original text to incorporate current direction of the city. These revisions would ~. ow for flexibility in the ultimate redevelopment mechanisms to be generated fi:om the Federal Highway Corridor Study, is well as fi:om subsequent planning studies on the other target areas. Lastly, these changes include the extension of the. dca. ~lline to 2003 from 2002, which would then provide a full 2 years to conduct the studies initiated herein (staffhad originally set a time horizon of 5 years which was reduced to 2 years by the Commission), The state allows for Changes to amendrhents and reviews them as part of their final compliance review. Staffrecommends this request be approved. 1 EXPLANATION: PROJEqT NAME: AGENt: DESCP,.[PTION: PROGRAM IMPACT: FISCAL IMPACT: 20/20 PLAN OVERLAY DISTRICTS City of Boynton Beach Request to amend the Comprehensive Plan Future Land Use Element through the addition of Policy 1.9.5 and amendment to Policy 1.16.1 wh/ch implements Objective 2.4 ofthe Boynton Beach Vision 20/20 Redevelopment Master Plan by the establishment of redevelopment mechanisms and design plans for pnmary target areas. Continued implementation of the 20/20 Redevelopment Plan. N/A ALTEg propose J:~SHRD, NATIVES: Approval of this amendment would be consistent ~ssion action when the t amendment was originally transmitted. Planning and Zoning Diie~tor ~2ity Manager's Signature ~'"'I~ir ec'[~r '~ f'13~ve'l~ment City Attorney / Finance / Human Resources rAkPlanning~S HARED\WPkPRO JEC TS\O VERLAY CPTA\CC 01,02-01 agenda request.dot DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 00-326 TO: Kurt Bressner..City Manager THROUGH: FROM: Quintus Greene, Director of Development Michael Rumpf, Planning & Zoning Director DATE: December 14, 2000 SUBJECT: Comprehensive Plan Text Amendment 20/20 Redevelopment Plan Overlay Districts (CPTA 00-002) AMENDMENT DESCRIPTION File No: Comprehensive Plan Text Amendment (CPTA 00-002) Proposed change: Staff proposes to emend Policy 1.9.5 and Policy 1.16.1 of the Future Land Use Elemem of the Comprehensive Plan by adding language as follows: Policy 1.9.5 The City, by 200-33, nhall conduct studies and/or prepare overat4 redevelopment plans dcgi~: plan: for areas designated by the Primary Target Areas Overlay. The plans ahall: in part~ implement or further the adopted Boynton Beach 20/20 Redevelopment Master Plan with use provisions, development standards and desitin criteria which may address public improvements, haffastructure, building placement, architectural character, streetscape, signage, landmark opportunities and unifying design concepts. Implementation mechanisms may include, but are not limited to, adoption of overlays in the land development re,rations, amendments to land development regulations, and/or through rezoning to new or existing districts. The primary Target Areas which ~hall be studied ~:--"*~ ~' *~' ...... T..T include but are not necessarily limited to: · Martin Luther Kine Boulevard from Seacresl Boulevard to U. S. 1; · U.S.1 from north to south city limits, · Bovnton Beach Boulevard from U.S.1 to 1-95; · Ocean Avenue from the Marina to Seacrest Boulevard; and; · Golf Road between U.S. 1 and Seaerest Boulevard. Each Primary Target Area ~hall ultimately be delineated appropriately b7 an o ..... ~ on the Future Land Use Map. Until such time as the studies can be conducted and mechanisms implemented ¢Tcr!a7 ~/ .......... : ............. .~ ~.~ .n~-,~.~ for such an area, public investment - in terms of infrasla'ucture ' shall be minimal_ If a private development proposal is made within a redevelopment area, one of the following options shall be pursued: · Acceleration of the redevelopment plan overlay district and deferral of the land use request until the plan is completed; Page 2 File Number: CPTA 00-002 · Acceleration of the redevelopment plan overlay district and deferral of the land use request until the plan is completed; o~, · Consideration of the use request on its own merits with the existing zonim, and policies of the Comprehensive Plan guiding the disposition of the, request; and/or , · The use of a moratorium or variation of the "zoning in progress" process. (add!to Policy 1.16. I following Conservation Overlay) Bo' ,nton Beach 20/20 Primar~ Target Areas Overlays The target areas ..... 1 ........ .~t.,~.~.~ tc :~'~ ...... delineated in the Boynton Beach 20/20 Redevelopment Master Plan as "Primary Target Areas" shall be studied, t~ ..... 14 ~1:.4~:~+ .... 1~+: ..... .-I ~1~.:~ --1 .... ..~"~, *-~v~--~* .m~-~_. ~d Studies ancot redevelopment studies may ........ ~ess public ~provements, in~c~e, b~ld~g placement, ~c~t~a[ ch~acter, s~eetscapc, silage, landmark oppo~fies and ~f~ng desi~ concepts. ~plementafion mechanism~ may include, but ~e not limited to, adoption of ov~lays ~ ~e land development re~lafions~ amendments to land development regula~ons~ ~&or t~ou~ rezon~g to new or exis~g dis~cts. Overall Design Plans prepared for each area shall be reviewed by the Community Redevelopment Agency and/or approved by the City Commi,qsion. The Pr/mary Commercial Target Areas shall include but not be limited to: Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1; U.S.1 from north to south city limits, Boynton Beach Boulevard from U.S.1 to 1-95; Ocean Avenue from the Marina to Seacrest Boulevard; and, Golf Road between U.S. 1 and Seacrest Boulevard pROCEDURE Amendments to the text of the Comprehensive Plan are considered "large scale" amendments by State ~aw and can only be processed {wice per year. The subject request is being processed with the year ~2000 second cycle amendments and combined with other, privately-initiated amendments suormtted for the April 1, 2000 deadline. The amendment was approved by the City, and trans~ aitted to the State Department of Community Affairs (DCA) in July 2000. DCA and other inter~ favor adopt pro[ sted State departments conducted consistency reviews of the amendments and returned tble comments to the City on October 10, 2000 (Exhibit A- ORC Report). The City must now the proposed amendments as written, adopt with changes or determine to not adopt the sed amendment. STAFF ANALYSIS Page 3 File Number: CPTA 00-002 The proposed language will enable the City staff to move forward in the implementation of Goal 2 - Commercial Revitalization, of the Vision 20/20 Redevelopment Master Plan. The language specifically addresses Objective 2.4 of that plan by both echoing language found in the objective, and expanding that language to create a framework for implementation. The language also proposes a reasonable time frar~ for carrying out the planning work that must precede any major changes to the City's Land Development Regulations and offers alternatives, should the schedule for the planning work be delayed. CONCLUSIONS/RECOMMENDATIONS Staff recommends adoption of the amendments. The proposed text amendmems to the Comprehensive Plan are consistent with and further goals and objectives of both the adopted Boynton Beach Comprehensive Plan and the Vision 20/20 Redevelopment Master Plan. The amendments also provide an implementation mechanism for recommendations contained in the redevelopment plan. ATTACHMENTS DEPARTMENT JEB BUSH STATE OF FLORIDA OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" ]?he Honorable Gerald Broening 4ayor, City of Boynton Beach :ity Hall. ,00 East Boynton Beach Boulevard )oynton Beach, Florida 33425 October 5, 2000 )ear Mayor Broening: The Department has completed its review of the proposed Comprehensive Plan ~aendment for the City (DCA No. 00-2), wkich was received on July 26, 2000. Copies of the ~roposed amendment have been distributed to appropriate s,tate, regional and local agencies for ,heir review and their comments are enclosed. ! The Department has reviewed the proposed amendment for consistency with Rule 9J-5, ~lorida Administrative Code, Chapter 163, Part II, Florida Statutes, and the adopted City of Boynton Beach Comprehensive Plan. The Department raises no objections to the proposed aznendment, and this letter serves as the Department's Objections, Recommendations and Comments Report. This letter and the enclosed external agency comments are being issued pursuant to Rule )J-11.010, Florida Administrative Code. Upon receipt of this letter, the City has 60 days in ~hich to adopt, adopt with changes, or determine that the City will not adopt the proposed mendment. The process for adoption oflocal comprehensive plan amendments is outlined in s. 63.3184, Florida Statutes, and Rule 9J- 11.011, Florida Administrative Code. Within ten working days of the date of adoption, the City must submit the following to he Department: Three copies of the adopted comprehensive plan amendments; A copy ofthe adoption ordinance; A listing of additional changes not previously reviewed; 2555 SH UMARD OAK BOULEVARD · TALLAHA$$EE, FLORIDA 32399o2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncorn 291.0781 Internet address: http://www.dc~,$tate.fl.us Mayor Broening October 5, 2000 Page Two A listing of findings by the local governing body, if any, which were nor included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendmem and documentation are required for the Department to conduct a compliance review, make a compliance determ~nmion and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendments, and pursuant to Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted amendment directly to the Executive Director of the Treasure Coast Regional Planning Council. Please contact Roger Wilbum, Community Program Administrator, a~ (850) 4874545 if you need additional assistance. Sincerely, Bob Cambric, AICP Growth Management Administrator Bureau of Local Planning BC/rw Enclosures: Review Agency Comments / cc: [/'Michael W. Rumph, Director of Planning and Zoning Michael Busha, Executive Director, Treasure Coast Regional Planning Council JEB BUSH GOVERNOR Florida Department-of Transportation 3400 WEST COMMERCIAL BOULEVARD FORT LAUDERDALE, FLORIDA 33309-3421 .~ _ TELEPHONE: (954) 777-4593; FA.'(: (954) 777-4197 · DIVISION OF PLANNING AND PROGRAMS August 25, 2000 Mr. Ray Eubanks, Planning Manager Department of Community Affairs Bureau of State Planning 2555 Shumard Oak Boulevard ~allahassee, FL 32399-2100 Dear Mr. Eubanks: THOMAS F. BARRy, JR. SECRETARY ~ SUBJECT: Proposed Comprehensive Plan Amendments ORC Review Local Government: City of Boynton Beach DCA Amendment # 00-2 The Department has reviewed the proposed comprehensive plan amendments for the City of Boynton Beach. Enclosed are objections, recommendations and comments 'egarding these proposed amendments. Thank you for the opportunity to participate in the review process. If you have any ;omments or questions about this letter, please contact me at (954) 777-4601. Sincerely, L Josep~M.~Yesbeck, P.E. District Director Planning and Programs JMY:tas Enclosure CC: B. Romig, FDOT Central Office R. Wilburn, DCA G. Schmidt, FDOT 4 L. Hymowitz, FDOT 4 4270.03 www.d ot.state.fl.us (~ RECYCLED PAPER DISTRICT 4, DEPARTMENT OF TRANSPORTATION OBJECTIONS, RECOMMENDATIONS & COMMEN'[~ RESPONSIBLE DIVISION/BUREAU: Plannit NAME OF LOCAL GOVERNMENT: DATE PLAN RECEIVED FROM LOCAL GOVERNMENT: 7/25/00 DATE MEMORANDUM RECEIVED FROM DCA: 8/04/00 REQUIRED RETURN DATE FOR COMMENTS: 9/05/00 ELEMENT: Proposed Wood Partners Development L Future Land Use Map DCA Amendment # 00-2 :~ 00-003 RULE DEFICIENCY: 9J-5.006(2}(a) OBJECTION: This proposed amendment will Local Retail Commercial to High Density Residential. insufficient to determine the traffic impacts of the a 14.18-acre parcel from Jata and analysis is land use change. RECOMMENDATION: The City's traffic direction level of service impacts, identify I along roadways and at intersections, an( and without the proposed long range period. should include peak-houdpeak- rection and peak-hour (AM or PM) the change in traffic volumes with should consider a short range and REVIEWED BY: REVIEWED Terry Scheckwitz, AICP Larry Hymowitz, AICP Gus Schmidt, PE PHONE: 954-777-4601 PHONE: 954-777-4601 PHONE: 954-777-4601 DISTRICT 4, DEPARTMENT OF TRANSPORTATION OBJECTIONS, RECOMMENDATIONS & COMMENTS NAME OF LOCAL GOVERNMENT: DATE PLAN RECEIVED FROM LOCAL GOVERNMENT: DATE MEMORANDUM RECEIVED FROM DCA: REQUIRED RETURN DATE FOR COMMENTS: City of Boynton Beach 7/25/00 8/04/00 9/05/00 ELEMENT: Proposed FLUE Policies 1.9.5 and 1.16.1 Future Land Use Element DCA Amendment # 00-2 (ULE DEFICIENCY: 9J-5.005(2)(a) 9J-5.019(3)(c)3 )BJECTION: These proposed Policies to the Future Land Use Element create a ~rimary Target Area Overlay to be implemented in the Boynton Beach 20/20 ~edevelopment Master Plan. The City did not provide data and analysis to determine 'affic impacts or potential density/intensity changes created by this amendmenL rECOMMENDATION: The City should provide the necessary data and analysis in pport of this amendment to identify impacts to the transportation system with and ithout the proposed Overlay. This analysis should be based on the maximum density d intensity allowed and include a shOrt range and long range horizon. REVIEWED BY: REVIEWED BY: REVIEWED BY: Terry Scheckwitz, AICP Larry Hymowitz, AICP Gus Schmidt, PE PHONE: 954-777-4601 PHONE: 954-777-4601 PHONE: 954-777-4601 2 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 · (5611 68&8800 · FL WATS 1.$~0-432-2045 ' TDD [561! 697-2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 3:34164680 ° v~vw.$fwmd.gov GOV 08-28 September 7, 2'000 Ray Eubanks, Planning Manager Pldn Review and DRI Processing Team Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Dear Mr. Eubanks: Subject: Proposed Amendment Comments City of Boynton Beach, DCA# 00-2 The South Florida Water Management District has reviewed the subject document and we have no water resource related comments. If you have any questions or require additional information, please call me at (561) 682-6779. Sincerely, P.K. ~'=harma, AICP Lead Planner Palm Beach County Service Center PKS/mh C; Michael Busha, TCRPC chael Rumpf, Boynton Beach ger Wilbum, DCA TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: Council Members AGENDA ITEM 7E From: Staff Date: September 22, 2000 Council Meeting Local Government Comprehensive Plan Review Draft Amendments to the City of Boynton Beach Comprehensive Plan DCA Reference No. 00-2 Introduction The Local Government Comprehensive Plannin'g ahd i,and Development Regulation Act, Chapter 163, Florida Statutes, requires that Council review local government comprehensive plan amendments prior to their adoption. Under the provisions of this law, the Department of Community Affairs (DCA) prepares Objections, Recommendations, and Comments (ORC) Report on a proposed amendment only if requested to do so by the local government, the regional planning council, or an affected person or if an ORC Report is otherwise deemed necessary by the DCA. If the local government requests DCA to prepare an ORC Report, then Council must provide DCA with its own objections, recommendations for modification, and comments on the proposed amendment within 30 days of its receipt. Back~,round The City of Boynton Beach is proposing two text amendments to the Future Land Use 'Element and one amendment to the Future Land Use Map CFLUM) of their comprehensive plan. The City has not requested the preparation of an ORC Report. Evaluation FLUM Amendment (#LUAR 00-003)--The proposed amendment is for a 14.2-acre parcel located on the west side of SW 8th Street approximately 1/8 mile north of Woolbright Road (see attached maps). The property is vacant and has a FLUM designation of Local Retail Commercial. The proposed PLUM designati6n is High Density Residential which would allow a maximum density of 10.8 dwelling units per acre. Existing land uses on surrounding properties include water management and preserve areas to the north, SW 8~ Street with multi-family dwellings beyond to the east, restaurants and shops to the south, and the E4 Canal with single family homes beyond to the west. Surrounding FLUM desiguations are High Density Residential to Objections, Recommendations for Modification, and Comments A. Objections 1. Non~.' B. Comments Future Land Use Amendment 1. Prior to adoption, the City should determine whether the local street system could accommodate the projected increase in traffic as a result of the increased density. The property had a lower density asstg-nmen~ prior to 1998 (Medium Density Residential) and was vested for only 750 average daily trips according to the City because the residential density was transferred to the remainder of the PUD when the property was purchased for non-residential purposes. Prior to adoption, the City should meet with the School District to discuss the impacts the amendment may have on School District plans and how those impacts might be mitigated to the mutual satisfaction of the City and the District. Recommendation_ Although the regional impacts of these proposed amendments are not considered to be significant, the City should address the above comments prior to adoption. Council should adopt the above comments and approve their transmittal to the Department of Community Affairs. Attachment General Location Map Amendment LUAR 00-003 BOYN~Otl CANAL D GOLF L.w.D r CANAL L-30 0 7000 2000 FEET 5 Primary Target Area Overlay Corridors BOYN~O~I CANAL C OLD 8OYNTOt~ ROAD 13 L.W.DD. CANAL L~30 0 lOOO 20C0 40]0 FE-'T .... , 7 ORDINANCE NO. O AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING POLICY 1.9.5 AND POLICY 1.16.1 OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN; SAID TEXT AMENDMENTS WILL ALLOW FOR CONSISTENCY WITH AND FURTHER GOALS AND OBJECTIVES OF BOTH THE ADOPTED COMPREHENSIVE PLAN AND THE VISION 20/20 MASTER PLAN, AS WELL AS PROVIDE FOR IMPLEMENTATION OF RECOMMENDATIONS CONTAINED IN THE REDEVELOPMENT PLAN; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, staff recommended amendments to the text of the Comprehensive Plan, which were processed and approved with the year 2000 second cycle submitted for the April 1, 2000 deadline; and WHEREAS, the proposed amendments will enable the City staff to move forward in the implementation of Goal 2 - Commercial Revitalization of the Vision 20/20 Redevelopment Master Plan; and WHEREAS, after public headng and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the text of the Future Land Use Element of the Comprehensive Plan as adopted by the City herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Policy 1.9.5 of the Future Land Use Element of the Comprehensive Plan is hereby amended by adding the words and figures in underlined type, as follows: Policy 1.9.5 The City, by 2002, shall prepare overall desiqn plans for areas desiqnated by the Pdmary Tar.qet Areas Oveday. The plans shall implement or further the adopted Boynton Beach 20/20 Redevelopment Master Plan with use provisions, development standards and desi.qn criteria which address public improvements, infrastructure, buildinq placement, architectural character, streetscape, si.qnaqe, landmark opportunities and unifyinq desi.qn concepts. Implementation mechanisms may include, but are not limited to, adoption of ovedays in the land development requlations and/or throuqh rezoninq of new or existinq districts. The Primary Target Areas which shall be desiqnated by the overlay include but are not necessarily limited to: · Martin Luther Kin.q Boulevard from Seacrest Boulevard to U.S. 1; · U.S: 1 from north to south city limits; · Boynton Beach Boulevard from U.S. 1 to 1-95; · Ocean Avenue from the Marina to Seacrest Boulevard; and Golf Road between U.S. 1 and Seacrest Boulevard Each Primary Tar.qet Area shall ultimately be delineated by an overlay on the Future Land Use Map. Until such time as the overlay district and requlations and/or rezoninqs are prepared and adopted for such an area, public investment - in terms of infrastructure - shall be minimal. If a private development proposal ~s made within a redevelopment area, one of the followinq options shall be pursued: · Acceleration of the redevelopment plan overlay district and deferral of the land use request until the plan is completed; or · Cc nsideration of the use request on its own merits with the existinq zoning and policies of the Comprehensive Plan quidinq the disposition of the request. Section 2. That Policy 1.16.1 of the Future Land Use Element of the Comprehensrve Plan is hereby amended by adding the words and figures in underlined type. as follows: ... Conservation Oveday. The overlays are established to identify areas delineated in the Boynton Beach 20/20 Redevelopment Master Plan as Primary Tarqet Areas. Overall district requlations and Desiqn Plans shall be prepared for the redevelopment of these tarqets consistent with the Vision 20/20 Redevelopment Plan and shall include use provisions, development standards and desiqn criteria which address public improvements, infrastructure, buildinq placement, architectural character, streetscape, siqnaqe, landmark opportunities and unifyinq design concepts. Implementation mechanisms may include, but are not imited to, adoption of overlays in the land development re.qulations and/or throu.qh rezoninq to new or existinq districts. Overall Desiqn Plans prepared for each area shall be reviewed by the Community Redevelopment Aqency and approved by the City Commission. The Pdmary Commercial Tar.qet Areas shall include but not be limited to: · Martin Luther Kinq Boulevard from Seacrest Boulevard to U.S. 1; · U.S. 1 from north to south city limits; · Boynton Beach Boulevard from U.S. I to 1-95; · Ocean Avenue from tl~e Marina to Seacrest Boulevard; and · Golf Road between U.S. I and Seacrest Boulevard Section 3. All laws and ordinances applying to the City of Boynton Beach in conflict with any prowslons of this ordinance are hereby repealed. Section 4. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision Section 5. Authority is her~ebY~gmpted to codify said Ordinance. Section 6. The effective date of this Ordinance shall be the date a final order is issued by the Department of Community Affairs finding this Text amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding said amendment to be in compliance in accordance with Chapter 163.3184, F.S. The notice of compliance becomes a final order 21 days following the issuance of the notice of compliance if dudng the 21 day period no petitions are filed challenging the amendment. Once issued, the Notice of Intent shall be attached hereto as Exhibit "A" and made a part of this ordinance by reference. FIRST READING this day of _January, 2001. SECOND, FINAL READING AND PASSAGE this day of ; ,2001. ClTY OF BOYNTON BEACH, FLORIDA ' Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk il¸ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM X -LEGAL ITEM 8.2 Requested City Corcanission Date Final Form Must be Turned Requested City Commission Meefin~ Dates z in to City Clerk's Office Meeting Dates [] November21.2000 November9,2000 (5:00p.m.) [] Januaryl6.200I [] D~cember 5, 2000 November 22, 2000 (5:00 p.m./ [] February 6. 2001 [] D~cemberl9,2000 December6.2000 (5:00p.m.) [] February20.2001 [] Ja~uary2.200I December20.2000 [5:00p.m., [] March6.2001 ! [] Administrative [] NATURE OF [] Consent Agenda [] A GEI ~DA ITEM [] Public Hearing [] [] Bids [] [] Announcement [] Date Final Form Must be Turned in m CiW Clerk's Office Januaty 3, 2001 (5:00 p.m.) January I7, 2001 {5:00 p.m.) February 7, 2001 (5:00 p.m.) February 2I, 2001 ~5:00 p.m., Development Plans New Business Legal Unfinished Business Presentation REC( First i~ a3-3 t Depar~ MMENDATION: Please place this request on the January 2. 2000 City Commission Agenda under Ordinances - eading, lite City Commission approved this item on Dece~nber 19', and the Planning and Development Board. with e-vote, forwarded this request with a recommendation for denial. Fo[ further details pm'raining to this request see merit of Development Memorandum No. PZ 00-338. EXPL S. NATION: PROJECT NAME: AGENT: OWNt~R: LOCA lION: DESCi UPTION: WOOLBRIGHT PLACE PUD (WOOD PARTNERS) Kilday & Associates, Inc. Wood Parmers West side of S.W. 8' Street, approximately 1/8 mile north of Wootbright Road Request for rezoning from PCD to PUD and amend the previously approved PUD master plan to allow for construction of multi-family dweRings, on 14.18 acres at a density of 10.8 DU/AC. PROG FISC.~ ALTE RAM EVIPACT: N/A L IMPACT: N/A INA~S: N/A Pla ' .g and Zoning Director ' E~I o~Oa e'&-D~p~r l~meTnt"Dir e ct o r ~2)ty Manager's Signature City Attorney / Finance / Human Resources ORDINANCE NO. O1 - AN ORDINANCE OF THE CITY COMMISSION OF THE cITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF KILDAY AND ASSOCIATES, INC.; AMENDING ORDINANCE 91-70 OF SAD CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM PLANNED COMMERCIAL DEVELOPMENT TO PLANNED UNIT DEVELOPMENT AND AMEND THE PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT MASTER PLAN; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City;, and WHEREAS, Kilday & Associates, Inc., as agents for the owner of the property more particularly described hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of, Boynton Beach, Florida, for the purpose of rezoning a certain t~act of land, said land being more particularly described hereinafter, from Planned Commercial Development to Planned Unit Development and to amend the previously approved Planned Unit Development Master Plan to allow for construction of multifamily dwellings on a 14.18 acres at a density of 10.8 DU/AC; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH~ FLORIDA, THAT: Section 1: The following described land, located in the City of Boynton Beach, Florida as set forth as follows: See Attached'Exhibit "A" be and the same is hereby rezoned from Planned Commercial Development to Planned Unit Development and to amend previously approved Planned Un/t Development Master Plan to allow for construction of multifanUly dwellings on a 14.18 acres at a density of 10.8 DU/AC. A location map is attached hereto as Exhibit "B" and made a part of this Ordinance by reference. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be teclared by a court o~ competem jurisdiction to be invalid, such decision shall not affect the remainder or,his Ordinance. Section 5: This ordinance shall become effective immediately upon passage. FIRST READING this day of January, 2001. SECOND, FINAL READING and PASSAGE this day of January, 2001 CITY OF BOYNTON BEACH, FLOR/DA Mayor Vice Mayor Comrmssioner Commissioner Commissioner City Clerk (Corporate Seal) s:ca\Ord\ Woolbright Place PUD ATTEST: LAND DESCRIPTION: Tract F. WOOl. BRIGHT PLACE PLAT 1, according to the Plat thereof recorded in Flat Book 67, Pages 47 through 4.g~.Publtc Records of Palm Beach County, Florida. ALSO DESCRIBED AS FOLLOWS: Tract F, WOOLBRIGHT PLACE PLAT 1, according to the Plat thereof recorded in Plat Book 67, Page 47 through 49, Public Records of Palm Beach County, Florida, more particularly described as follows: BEGIN at the southwest corner of said Tract F; thence N20'54'51"W, 1012.14 feet: thence N65'52'O6"E. 24-8.35 feet; thence N88'26'51"E. 60.00 feet; thence NOl'33'OB"W, 180.09 feet; [hence N88'26'51"E, 358.72 feet.; thence S01'30'32"W, 23.70 feet; thence S01'06'23"E. 41B.46 feet to a point of curvature of o tangent curve concave to the east: thence southeasterly along the arc of said curve, having o radius of 1550.76 feet and a central angle of 08'35'32", a dis[once of 232.56 feet; thence S54'4~t'2B"E. 6.37 fee[ to a point on a non:-tangent curve concave to the northeast (o radial line to sold point bears $80'08'04-"W); thence southeasterly along the arc of said curve, having a radius of 1546.26 feet and a central angle of 09'20'41", o distance of 252.19 feet to o point of reverse curvature of a curve concave 'to the southwest; thence southeasterly along the arc of said curve, having a radius of 174-3.74. feet and o central angle of 10'24.'39", a distance of 316.84. feet: thence S88'26'13"W. 4.53.50 feet to the POINT OF BEGINNING. Said lands situate in the City of Boy~ton Beach, Palm Beach County, Florida and containing 617.580 square feet. 14.18 acres, more or less. LOCATION.MAP EXHIBIT A ~ ..,--.-~-" . ~ - ~'~ '~ - _.--. -.,~..L ,--. :'.'-'~----;.. :- L- .,..;~-~ -' -.--'.-" .' · '--=,~-. :::.~- .- .~ . ~ .'x,-~ :.~, ~ ',,,; ,,., ,,.,..._~, ~,~.__~:,,~ ~_--~.. ~----,,---"'"-~', ,,~.'.'.'.'.'.'.'.~ ~ .......... ~ ..... ~'-----='-~' .~---~. ....... ...,,-.,,'" ....... .' ~ ".'---':~-'"-- ";/---...,'~" ~--' '",'-'l~ j ,,4.~ -:"::.,-~-~, ......... -- . ..y~.;..--~_ ..... - -.,.t----------~, ~ ,,,~ ,_,. ~.~,.-. "'"-'~:-~'--"- :' - -- .ff,.::.',- ~ --,.Y ,,-- INGLE FA MIL:~' -~ESIDENTiAL SITE '0 Requested City Commission Meetin~ Dates ~ [] N0vember 21, 2000 [] December 5, 2000 [] D4eember 9, 2000 [] January 2,200 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Ciw Clerk's Office November 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) Requested City Commission Meefinu Dates [] January 16,2001 [] February 6, 2001 [] February 20, 2001 [] March 6,200I XI-LEGAL ITEM B.3 Date Final Form Must be Turned in to City Clerk's Office January 3,2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7, 200I (5:00 p.rr~ ) February 21,200I (5:00 p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGE~DA, ITEM [] Public Hearing [] Legal I [] Bids [] Unfinished Business i [] Announcement [] Presentation RECO~VIENDATION: Please place the attached ordinance, pertaining to the request below, on the January 2, 2001, City Co ssion agenda under Legal--Ordinnnce 1 st Readin~ As vou may recall' ~,~,, ............ ,4 w ~ '** t * the Florida Department of Community Affairs (DCA) at the July 18, 2000, City Commission meeting to amend the Comprehensive Plan Furore Land Use Map from Local Retail commercial (LRC) to High Density Residential (HI)R) for 14.18 acres. There are no objections, recommendations or comments by the DCA. Staffrecommends this request be approved, in connection with the approval of the corresponding application for rezoning/master plan modification. EXPL~NATION: PROJE~r NAME: AGENT: OWNE~: LOCATION: DESCRIPTION: PROG~VI IMPACT: N/A FISCA~ IMPACT: N/A WOOD PARTNERS Kilday & Associates, Inc Wood Partners West side ofSW 8t~ Street approXnnately 1/8 mile north of Woolbright Road Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to High Density Residential (HDR) for 14.18 acres. ALTE] propos~ d amendment was originally transmitted. t~f~r o~ De,Sei0pm~nt [NATIVES: Approval of this amendment would be consistent with previous Commission action when the ~ty Manager s S~gnature City Attorney / Finance / Human Resources J:~SHRD~.TAXPIanning~S I-IARED\WI?X, PRO JEC TS\Wood Partners LUAR-REZN-MPMD\CC 014)2-01 agenda request.dot ORDINANCE NO. O AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE TEXT OF THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN FROM LOCAL RETAIL COMMERCIAL (LCR) TO HIGH DENSITY RESIDENTIAL (HDR) FOR 14.18 ACRES IN CONNECTION WITH THE APPLICATION BY WOOD PARTNERS; SAID TEXT AMENDMENT WILL ALLOW FOR LAND USE RECLASSIFICATION; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Kilday & Associates, Inc., as Agent for Wood Partners, owners of the project, has requested an amendment to the FUture Land Use Map for a 14.18 acre parcel of land, located at the West side of S.W. 8th Street, approximately 1/8 mile north of Woolbdght from Local Retail Commercial to High Density Residential; and WHEREAS, the City Commission of the City of Boynton Beach adopted in 1989 a Comprehensive Plan and as part of said Plan a Future Land Use Element by Ordinance 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the Future Land Use Element contains the Section VIII. Land Use Problems and Opportunities which, in part, indicates the basis for land use classifications for selected properties as shown on the Future Land Use Map; and WHEREAS, the High Density Residential Use Classification has been established to support the development of the property as a residential Planned Unit Development; and WHEREAS, after public hearing and stu.dy, the City Commission deems it in the best interest of the inhabitants of said City to amend the text of the Future Land Use Element of the Comprehensive Plan as adopted by the City herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The portion of the Future Land Use Element entitled Land Use Probiems and Opportunities, Planning Area 1P. is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck through type, as follows: 1.p. Parcels at Northwest Corner of U.S. 1 and Old Dixie Highway. Due to the limited demand for commercial floor space along this segment of U.S. 1., an initial recommendation of the Comprehensive Plan adopted in 1989 was +~ ~'"'~'+"~ ~ ........ + :~ .... + ~..= ...... · ............... d that these parcels be taken out of the Local Retail Commercial land use category, and placed in the Special High Density Residential category..u.,~..v.v.. ......... _w__,~,,~ ....... a ........ ~ by +~ ~, ~ ~,, ~- d~c~dcd +~ ~ ~ ........ ~ ~- thc '~' ~+~;' ~ ...... ;~ '~"~ ...... ~ .....This recommendation not ...................................... ~-, ~. was enacted because a site plan and construction dmWinqs for a shoppinq center on this site have been approved by the Ci~. The shopPinq center has not been developed and the site plan and construction plan approvals have expired. Therefore, these parcels should be taken out of the Local Retail Commercial land use cateqory and placed in the Special Hiqh Density Residential cate,qory tn encoura.qe development and revitalization of this area of the City. Section 2. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 3. Should any section or provision of this Ordinance or any ~ortion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance, Section 4: Authority is hereby granted to codify said Ordinance. Section 5. The effective date of this Ordinance shall be the date a final order is issued by the Department of Community Affairs finding this Text amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding said amendment to be in compliance in accordance with Chapter 163.3184, F.S. The notice of compliance becomes a final order 21 days following the issuance of the notice of compliance if during the 21 day period no petitions are filed challenging the amendment. Once issued, the Notice of Intent shall be attached hereto as Exhibit ",~ and made a part of this ordinance by reference. FIRST READING this day of January ,2001. SECOND, FINAL READING AND PASSAGE this day of ,2001. CITY Of BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~,TTEST: City Clerk DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 00-325 TO: THROUGH: Kurt Bressner, City Manager Quintus Greene, Director of Development FROM: Michael Rump f, Director of Planning & Zoning DATE: December 14, 2000 Project/Applicant: PROJECT DESCRIPTION Wood Partners Development Agent: Chris Kerr/Kilday & Associates, Inc Owner: First Baptist Church of Boynton Beach Location: West side of SW 8th Street approximately 1/8 mile north of Woolbright Road File No: Land Use Amendment (LUAR 00-003) Property Description: Vacant property consisting of 14.18 Commercial land use classification Development (PCD) zoning. acres, with Local Retail and Planned Commercial Proposed change/use: To reclassify the subject property from Local Retail Commercial to High Density Residential land use with a maximum density of 10.8 dwelling units per acre. A petition for rezoning the property to Planned Unit Development (PUD) and to rejoin the Woolbright Place PUD has been submitted so that approval of the rezoning will coincide with the adoption of the Land Use Amendment. Adjacent Land Uses and Zoning: North Water management area and preserve area of Woolbright Place PUD designated High Density Residential land use and PUD zoning with Land Use Intensity of 5 South Developed commercial land (Cracker Barrel Restaurant), a part of Shoppes of Woolbright PCD designated Local Retail Commercial land use with PCD zoning East Right of way ofSW 8th Street, and farther east, developed multi-family dwellings (Vinings of Boynton Beach) of the Woolbright Place PUD, designated High Density Residential land use and PUD zoning with Land Use Intensity of 5. Wood Partners Development Page 2 File Number: LUAR 00-003 West Lake Worth Drainage District E-4 Canal, and farther west, developed single family homes (Palm Beach Leisureville) designated Moderate Density Residential land use (maximum densi_ty of 7.26 du/ac) with R-1AA single family (PUD) zoning. BACKGROUND The request for land use amendment was considered by the City Commission on July 18, 2000 and approved for transmittal to the Florida Department of Community Affairs for review by that department and other state, regional and local review agencies. On October 10, 2000, the City received notification that the review agencies raised no objections to the proposed amendment, nor were there any recommendations or comments (Exh/bit B-ORC Report). It is now necessary for the City to either adopt the amendment, adopt with changes or determine that it will not adopt the proposed amendment. PROJECT ANALYSIS The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map and were utilized in the project analysis presented at the transmittal hearing in July 2000. At that time il was concluded that the project met all of the criteria~ CONCLUSIONS/RECOMMENDATIONS Staff recommends that the subject request be adopted and transmitted to the Florida Department of Community Affairs for compliance review. Staff further recommends that this amendment only be adopted if the corresponding rezoning and master plan modifications to reassemble it with the adjacent PUD are also approved. ATTACHMENTS J:~SHRDATA~PlanningxSHARED\WP~PROJECTS\Wood Partners LUAR-REZN-MPMD\Wood Par~ers LUAR~adoptlon staffreport.doc DEPARTMENT JEB BUSH STATE OF FLORIDA OF COMMUNITY ~Dedicated to making Florida a berter place ro call home" AFFAIRS STEVEN M. SEIBERT Secretary The Honorable Gerald Broening Mayor, City of Boynton Beach City Hall 100 East Boymon Beach Boulevard Boynton Beach, Florida 33425 October 5, 2000 Dear Mayor Broening: The Department has completed its review of the proposed Comprehensive Plan Amendment for the City (DCA No. 00-2), which was received on July 26, 2000. Copies of the proposed amendment have been distributed to appropriate state, regional and local agencies for their review and their comments are enclosed. The Department has reviewed the proposed amendment for consistency with Rule 9J-5, Florida Administrative Code, Chapter 163, Part II, Florida Statutes, and the adopted City of Boynton Beach Comprehensive Plan. The Department raises no objections to the proposed amendment, and this letter serves as the Department's Objections, Recommendations and Comments Report. This letter and the enclosed external agency comments are being issued pursuant to Rule 9J-11.010, Florida Administrative Code. Upon receipt of this letter, the City has 60 days m which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendment. The process for adoption of local comprehensive plan amendments is outlined in s. 163.3184, Florida Statutes, and Rule 9J-11.011, Florida Administrative Code. Within ten working days Of the date of adoption, the City must submit the following ro the Department: Three copies of the adopted comprehensive plan amendments; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; 2555 SHUMARD OAK BOULEVARD · TALLAHASSEI~, FLORIDA 32399-2100 Phone: 850.488.8466/Suncorn 278.8466 FAX: 850.921.0781/Suncom 291.078' Internet address: http://www,dca.state. H.us Mayor Bmening October 5, 2000 Page Two A listing of findings by the local governing body, if any, which were nor included in the ordinance} and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documemation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendments, and pursuant to Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted amendment directly to the Executive Director of the Treasure Coast Regional Planning Council. Please contact Roger Wilburn, Community Program Administrator, at (850) 487-4545 if you need additional assistance. Sincerely, Bob Cambric, AICP Growth Management Administrator Bureau of Local Planning BC/rw Enclosures: Review Agency Commen~s cc: L/~ichael W. Rumph, Director of Planning and Zoning Michael Busha, Executive Director, Treasure Coast Regional Planning Council JEB~BUSH GOVERNOR Florida Department. of Transportation 3400 WEST COMMERCIAL BOULEVARD FORT LAUDERDALE, FLOR/DA 33309-342 ! TELEPHONE: (954) 777-4593; FAX: (954) 777-4197 DIVISION OF PLANNING AND PROGRAI~IS August 25, 2000 Mr. Ray Eubanks, Planning Manager Department of Community Affairs Bureau of State Planning ¢555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Dear Mr. Eubanks: THOMAS F. BARRY, JR. SECRETARY SUBJECT: Proposed Comprehensive Plan Amendments ORC Review Local Government: City of Boynton Beach DCA Amendment # 00-2 The Department has reviewed the proposed comprehensive plan amendments for the City of Boynton Beach. Enclosed are objections, recommendations and comments regarding these proposed amendments. Io hank you for the opportunity to participate in the review process. If you have any mments or questions about this letter, please contact me at (954) 777-4601. Sincerely, District Director Planning and Programs IMY:tas Enclosure B. Romig, FDOT Central Office R. Wilburn, DCA G. Schmidt, FDOT 4 L. Hymowitz, FDOT 4 4270.03 www.dot.state.fl.us (~ RECYCLE[:) RAPER DISTRICT 4, DEPARTMENT OF TRANSPORTATION OBJECTIONS, RECOMMENDATIONS & COMMEN/$ RESPONSIBLE bIVISION/BUREAU: NAME OF LOCAL GOVERNMENT: DATE PLAN RECEIVED FROM LOCAL GOVERNMENT: DATE MEMORANDUM RECEIVED FROM DCA: REQUIRED RETURN DATE FOR COMMENTS: ELEMENT: Planninq Department City of Boynton Beach 7/25/00 8/04/00 9/05/00 Proposed Wood Partners Development LUAR 00-003 Future Land Use Map DCA Amendment # 00-2 RULE DEFICIENCY: ~and (dj 9J-5.005(2)(a) OBJECTION: This proposed amendment will change a 14.18-acre parcel from Local Retail Commercial to High Density Residential. The data and analysis is insufficient to determine the traffic impacts of the proposed land use change. RECOMMENDATION: The City's traffic analysis should include peak-hour/peak- direction level of service impacts, identify peak-direction and peak-hour (AM or PM) along roadways and at intersections, and examine the change in traffic volumes with and without the proposed amendment. The analyses should consider a short range and long range period. REVIEWED BY: REVIEWED BY: REVIEWED BY: Terry Scheckwitz, AICP Larry Hymowitz, AICP Gus Schmidt, PE PHONE: 954-777-4601 PHONE: 954-777-4601 PHONE: 954-777-4601 DISTRICT 4, DEPARTMENT OF TRANSPORTATION OBJECTIONS, RECOMMENDATIONS & COMMENTS NAME OF LOCAL GOVERNMENT: DATE PLAN RECEIVED FROM LOCAL GOVERNMENT: DATE MEMORANDUM RECEIVED FROM DCA: REQUIRED RETURN DATE FOR COMMENTS: City of Boynton Beach 7/25/00 8/04/00 9/05/00 !LEMENT: Proposed FLUE Policies 1.9~5 and 1.16.1 Future Land Use Element DCA Amendment # 00-2 RULE DEFICIENCY: 9J-5.005(2)(a) 9J-5.019(3)(c)3 OBJECTION: These proposed Policies to the Future Land Use Element create a primary Target Area Overlay to be implemented in the Boynton Beach 20/20 Redevelopment Master Plan. The City did not provide data and analysis to determine t~affic impacts or potential density/intensity changes created by this amendment. [ECOMMENDATION: The City should provide the necessary data and analysis in ~itpport of'this amendment to identify impacts to the transportation system with and hout the proposed Overlay. This analysis should be based on the maximum density ~nd intensity allowed and include a short range and long range horizon. REVIEWED BY: F~EVIEWED BY: F~EVIEWED BY: Terry Scheckwitz, AICP Larry Hymowitz, AICP Gus Schmidt, PE PHONE: 954-777-4601 PHONE: 954,777-4601 PHONE: 954-777-4601 SOUTH FLORIDA WATER 1VIANAGEMENT DISTRICT 3301 Gun Club Road, W~t Palm Beach, Florida 33406 · (56I) 686-8800 · FL WATS t.800-432-2045 · TDD (561) 697-2574 blailirtg Address: P.O. Box 24680, West Palm Beach, FL 33416-!680 · www. sfwmd.gov GOV 08-28 September 7, 2000 Ray Eubanks, Planning Manager Plan Review and DRI Processing Team Department of Community Affairs 2555 Shumard Oak Boulevard Tailahassee, FL 32399-2100 Dear Mr. Eubanks: Subject; Proposed Amendment Comments City of Boynton Beach, DCA# 00-2 The South Florida Water Management District has reviewed the subject document and we have no water resource related comments. If you have any questions or require additional information, please call me at (561) 682-6779. Sincerely, P.K. Sharma, AICP Lead planner Palm Beach County Service Center PKS/mh C' Michael Busha, TCRPC chael Rumpf, Boynton Beach ger Wilburn, DCA Michael Co[liias, Chairman Vera bL Carter Nicolas J. Gutierrez, Ir. James E. Blount, Chief of Staff Michael D. Minton, Vice O~airrnan Gerardo B. Fernandez Hath ey R. Thornton Mi~chell W. Berger pa ta-ick 1. Gleason Trudi K. Williarris TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To~ Council Members AGENDA ITEM 7E From: Staff Date: September 22, 2000 Council Meeting Subject; Local Government Comprehensive Plan Review Draft Amendments to the City of Boynton Beach Comprehensive Plan DCA Reference No. 00-2 Introduction The Local Government Comprehensive Planni~/~ and i_,and Development Regulation Act, Chapter 163, Florida Statutes, requires that Council review local government comprehensive plan amendments prior to their adoption. Under the provisions of this law. the Department of Community Affairs (DCA) prepares Objections, Recommendations. and Comments (ORC) Report on a proposed amendment only if requested to do so by the local government, the regional planning council, or an affected person or if an ORC Report is otherwise deemed necessary by the DCA. If the local government requests DCA to prepare an ORC Report. then Council must provide DCA with its own objections, recommendations for modification, and comments on the proposed amendment within 30 days of its receipt. Back~round The City of Boynton Beach is proposing two text amendments to the Future Land Use Element and one amendment to the Future Land Use Map (FLUM) of their comprehensive plan, The City has not requested the preparation of an ORC Report. Evaluation FLUM Amendment (#LUAR 00-003)---The proposed amendment is for a 14.2-acre parcel located on the west side of SW 8th Street approximately 1/8 mile north of Woolbright Road (see attached maps). The property is vacant and has a FLUM designation of Local Retail Commercial. The proposed FLUM designau6n is High Density Residential which would allow a maximum density of 10.8 dwelling units per acre. Existing land uses on surrounding properties include water management and preserve areas to the north, SW 8m Street with multi-family dwellings beyond to the east, restaurants and shops to the south, and the E-4 Canal with single family homes beyond to the west. Surrounding FLUM designauons are High Density Residential to and Comments Recommendations for Modification ObjectionS ' A. Objections 1. Nonff.-- B. Comments Future Land Use Amendment I. Prior to adoption, the City should determine whether the local street system could accommodate the projected increase in traffic as a result of the increased density. The property had a lower density assignment prior to 1998 (Medium Density Residential) and was vested for only 750 average daily trips according to the City because the residential density was transferred to the remainder of the PUD when the property was purchased for non-residential purposes. 2. Prior to adoption, the City should meet. with the School District to discuss the impacts the amendment may flare on School District plans and how those impacts might be mitigated to the mutual satisfaction of the City and the District. Recommendation. Although the re~onal impacts of these proposed amendments are not considered to be significant, the City should address the above comments prior to adoption. Council should adopt the above comments and approve their transmittal to the Department of Community Affairs. Attachment General Location MaP iAmendment LUAR 00-003 13 1 GOLF L.W.D.D. CANAL L-30 0 1000 ~000 FEET Primary Target Area Overlay Corridors ROAD 13 CANAL L-30 '7 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates - in ro CiW Clerk's Office Meetin~ Dates [] November 21, 2000 Novemberg, 2000 (5:00p.m.) [] January 16,2001 [] DecemberS. 200( November22,2000 (5:00p.m.) [] February6.2001 [] Dicemberlg-2000 December6,2000 (5:00p.r~) [] February20.2001 [] Jaiuary 2, 2001 December20,2000 (5:00p.m./ [] March6.2001 ! '--1 Administrative [] NATURE OF [] Consent Agenda AGE? 'DA ITEM [] Public Hearing [] [] Bids [] [] Annotmcement [] XI-LEGAL ITEM B.4 Date Final Form Must be Turned in to CiW Clerk's Office January 3, 2001 (5:00 p.m.) January 17, 2001 [5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21, 2001 (5:00 p.m.) Development Plans New Business Legal Unfinished Busniess Presentation RECOMMIgNDATION: Please place this request on the January 2, 2001 City Commission Agenda under Legal, Ordthances - First Reading. As you may recall, this request was approved at the November 21, 2000 City Commission meeting. The Planning and Development Board with a anammous vote recommended that the subject request be approved (there are no conditions recommended by staff nor the Planning and Development Board~. EXPLANATION: PROJECT NAME: AGENT: APPLICANT: OWNER: LOCA2~ION: DESCt~iPTION: PROGRAM IMPACT: FISCAL IMI>ACT: BOYNTON BEACH BOULEVARD PCD (BJ'S WHOLESALE CLUB) Roscoe Biby, Kimley-Hom & Associates, Inc Birchwood/Boynton, L.L.C. University of Florida Foundation, Inc., a Florida Corporation and University of Florida Foundation Corporation, as Trustee Southwest comer of Boynton Beach Boulevard and Winchester Park Boulevard Request approval for a Planned Commercial Development (PCD) master plan for 14.77 acres to include a BJ's Wholesale Club store with ancillary gas station, a bank, two future retail/restamant outparcels and related improvements. N/A N/A ALTERNATIVES: N/A Planning and Zo~{g-l~)irector City Attorney / Finance / Human Resources S:~BULLET1N~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO, O1- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF KIMLEY-HORN AND ASSOCIATES; AMENDING ORDINANCE 91-70 OF SAID CITY BY F~EZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM PLANNED COMMERCIAL DEVELOPMENT TO PLANNED COMMERCIAL DEVELOPMENT IN ORDER TO OBTAIN APPROVAL OF A NEW MA,5 ~ ~'R PLAN, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS~ the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Kimley-Nom & Associates, Inc., as agents for the owner of the property more particularly described hereinafter, has heretofore filed a Petition, )ursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain track of land consisting of 14.77 acres, said land being more particularly described hereinafter, from Planned Commercial Development to Planned Commercial Development in order to obtain approval of a new master plan to construct a B.]'s Wholesale club store with ancillary gas station, a bank, two future retail/restaurant out-parcels and related improvements as set forth; WHEREAS~ staff recommends that the subject request for rezoning/ major master plan modification be approved; and WHEREASt the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW~ THEREFORE~ BE 1T ORD.~/NED BY THE CITY COt414:~SS~ON OF THE cTrY OF BOYNTON BEACH~ FLOR/D.av THAT: Section l: The following (~escdbed land, located in the City of Beynton Beach, Flodda as set forth as follows: See Attached Exhibit "A' 3e and the same is hereby rezoned from Planned Commercial Development to Planned .'ommercial Development to permit the approval of a new master plan to construct a B.l's ~Vholesale Club store with ancillary gas station, a bank, two future retail/restaurant out- 3arcels and..;Telated improvements as set forth. A location map is attached hereto as ~xhibit "B" and made a part of this Ordinance by reference. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This ordinance shall become effective immediately upon passage. FIRST READING this day of 3anuary, 2001. SECOND, FINAL READING and PASSAGE this day of January, 2001. CTTY OF BOYNT'ON BEACH, FLOP[DA Mayor Vice Mayor Commissioner Commissioner Commissioner Al Il:b-T: City Clerk (Corporate Seal) s:ca\Ord\l~'s Whole Sale LEGAL DESCRIPTION Lots C thru E, less State. Road Right of Way, Block 4; Lots C thru E, less State Road Right of Way, Block 5, Lots A thru E, Block 28 and Lots A thru E, Block 29 as recorded in Palm Beach Farms Company, Plat No. 8, in Plat Book 5, Page 73 of the Public Records of Palr~.Beach County, Flodda. Together with the part of the 30' road Right of Way as shown on above said Plat, bounded on the North by the South Right of Way Line of Boynton Beach Boulevard and bounded on the East by Lots C, D, E, Block 4, and Lots A, B, C, D, E, Block 29 of above said Plat and bounded on the West by Lots C, D, E, Block 5, and Lots A, B, C, D, E, Block 28 of above said Palm Beach Farms Company Plat No.8, and bounded on the South by the Eastedy Extension of the North Line of Tract 'G' as recorded in Stonehaven Plat No. 1, Plat Book 48, Pages 1-5; of the Public Records of Palm Beach County, Florida. LOCATION MAP Boynton Beach Boulevard PCD (BJ's Whlesale) SITE PCD EXHIBIT A RIAA R3 PCD ~_Z BOYNTON BEACH BLVD. ? ..... REC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested Ciw Commiss/oa Date Final Form Must be Turned Requested City Comrrfission Meetine Dates in to City Clerk's Office Meetine Dates [] November21.2000 November9,2000 (5:00p.m.) [] January l6, 2001 [] DecemberS. 2000 November22,2000 (5:00p.m.) [] February6,2001 [] December l9. 2000 December6,2000 (5:00p.m.) [] February20,2001 [] January 2. 200I December20,2000 (5:00p.m.) [] March6,2001 [] Administrative [] NATURE OF [] Consent Agenda [] AGE3IDA ITEM [] Public Hearing [] [] Bids [] [] Announcement [] XI-LEGAL FIRST READING ITEM Date Final Form Must be Turned in to CiW Clerk's Office January 3, 2001 (5:00 p.m.) January 17, 2001 (5:00p.m.) February 7, 200I (5:00 p.m.) February 21, 2001 (5:00p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place this request on the January 2, 2000 City Col~mdssion Agenda under Ordinances-First Reading. The City Commission approved this request on December 5, 2000 and the Planning and Development Board with a 6-0 vole recommended that the subject request be approved (there are no conditions recommended by staffnor the plamamg and Davelopment Board). For flu-fixer details pertaLnJag to this request see Department of Development Memorandum No. PZ 00-273~. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: BOYNTON SItOPPES PCD 0t~ISE PCD) Robert E. BaSehart, Basehart Consulting, Inc. Boynton Shoppes, LLC 1620 S. Congress Avenue Request for Major Master Plan Modificafion/Rezoning to al/ow for the construction of an additional 3,000 square foot retail bu/iding located on a 0.727 acre outparcel in the Boynton Shoppes PCD. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A planning and Z. oni~ {)irectur Dev~rl~m ]~epartment Director City Manager's Si~-~ture City Attorney / Finance / Human Resources ORDINANCE NO. O1- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF BASEHART CONSULTING INC.; AMENDING ORDINANCE gl-70 OF SAID CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, TO ALLOW A MAJOR MASTER PLAN MODIFICATION TO THE BOYNTON SHOPPES PLANNED COMMERCIAL DEVELOPMENT; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopte¢ for said City; and WHEREAS, Basehart Consulting, Inc., as agents for the owner of the )roperty more particularly described hereinafter, has heretofore filed a PetJtion, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning/major master plan modification of a certain track of land, said land being more particularly described hereinafter, to allow for construction of an additional 3,000 square foot retail building in the Boynton Shoppes Planned Commercial Development; and WHEREAS, staff recommends that the subject request for rezoning/major master plan modification be approved; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE TI' OR. DA/NED BY THE C.TTY COMMTSSTON OF THE CI'TY OF BOYNTON BEACH, FLOR/DA, THAT: Section 1: The following described land, located in the City of Boynton Beach, Florida as set forth as follows: See Attached Exhibit "A" be and the same is hereby rezoned to approve the major master plan modificaUon for the construction of an additional 3,000 square foot retail building within the Planned Commercial Development. A location map is attached hereto as Exhibit "B" and made a )art of this Ordinance by reference. Section 2: That the aforesaid Revised Zoning Hap of the City shall be amended ~ccordingly. Se~ion 3: All ordinances or parts of ordinances in conflict herewith are hereby 'epealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This ordinance shall become effective immediately upon passage. FIRST READING this day of January, 2001. SECOND, FINAL READING and PASSAGE this __ day of 2anuary, 2001. CTI-Y OF BOYNTON BEACH, FLOR[DA Mayor Vice Mayor Commissioner Commissioner Commissioner A'I-I'EST: City Clerk (Corporate Seal) s:ca\Ord\Rezontng Boynton 5hoppes FCD A ~3.ccel o~ La.nd. :1..= SecC:Lo= :32, Tov=~Lip 4S $oUC..~., .Range 4.:3e Basf:, C:LC7 ~e,=c.~:L.~ed as ~oLlove .- SITE; 1:::13 WOOLBRIGHT ROAD... E[ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Corranission Meetine Dates ~- in to City Clerk's Office Meetin~ Dates [] November21,2000 Novemberg, 2000 (5:00p.m.) [] January l6, 2001 [] D{cemberS, 2000 November22,2000 (5:00p.m.) [] Februmy 6, 2001 [] D~cemberl9,2000 December6,2000(5:00p.m.) [] February20,2001 [] January 2, 200I December20,2000 (5:00p.m.) [] March6,2001 I [] Adrainislrative [] NATURE OF [] Consent Agenda [] AGENDA ITEM [] Public Hearing [] [] Bids [] [] Announcement [] XI-LEGAL: ITEM B.6 Date Final Form Must be Turned in to City Clerk's Office January 3,200[ (5:00 p.m.) Janumy 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21, 2001 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOM/VllgNDATION: Please place this request on the January 2, 2001, City Commission Agenda under Legal - Ordinances - First Reading. The City Commission approved the requested Abandonment on December 19, 2000. For further !details pertaining to rids request see attached Deparmaent of Development Memorandum No. PZ 00-229. EXPL~kNATION: PROJE~q' NAME: AGENT: OWNER: LOCATION: DESCltffPTION: PROGRAM IMPACT: GROTTO BAY ~ BERMUDA PLACE (EASEMENT) Joni Briulcman, AICP, Winston Lee & Associates, Inc. Quantum Park & Village, LLC The east side of Quantum Lakes Drive, south of Gateway Boulevard Abandonment of 20-foot utility easement between lots 60 and 61 in the Quantum Park PID. N/A FISCAL IMPACT: N/A AI~ TE~//~NAT1VE S:, N/A S:~Plam Requesl Pfa~ct°fl ' Deve~ent ~)ep~l~nent ]~ector - ~ty Manager s Signature City Attorney / Finance / Human Resources ing\SI-IAKED\WP~PROJECTS\Quantum Paxk -Grotto Bay ~ Bermuda PlaceL&ban\CC 1-2-2001 Agenda dot TO: THRU: FROM: DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 00-299 Chairman and Members Planning and Development Board Michad.W. Rum~/' '""- Plarming and Zoning Director Jose R. Alfaro Planner DATE: SUBJECT: October 12, 2000 Grotto Bay ABAN 00-004 NATURE OF REQUEST Joni Brickman, AICP, of Winston Lee & Associates, Inc., agent for Quantum Park & Village, L. L. C., has filed this application to abandon a utility easement dedicated to the City by the plat of Quantum Park at Boynton Beach P. I. D., Plat No. 6, as recorded in Plat Book 57, Pages 191-193, Public Records of Palm Beach County, Florida. The attached Exhibit "A" shows the location of the applicant's property, and includes a diagram of the specific easen~ent to be abandoned. BACKGROUND In February, 2000, the Quantum Park DRI Development Order Amendment ,710 changed the land use designations for parcels 59 - 67C to allow "Mixed Use" that permits office, commercial and residential uses. The subject site represents a multi-family residential component of a conceptual Master Plan described as Quantum Village, now known as Quantum Grotto Bay at Bermuda Place. The developer proposes the construction of eighteen (18), two-story buildings containing 272 rental aparuuent units on Quantum Park Plat 6 lots 59 - 61 located on the east side of Quantum Lakes Drive. Two of the proposed buildings would be constructed on portions of a 20-foot utility easement dedicated 'b? plat to the City of Boynton Beach (see Exhibit "B" - Proposed Site Plan). The developer is requesting the abandonment of the above-referenced 20-foot dedicated utility easement located at either side and along the dividing parcel line between lots 60 and 61, to facilitate the development of the project. ANALYSIS According to the applicant, the subject easement is currently not being utilized by any agency and/or city, and is not of interest for future use by any local public or private utility company. Furthermore, the City departments involved in the review of all requests for abandonment, and the utility companies notified of the request are identified below. Pubtic notice was given to the property owners that abut the easement and it has been advertised 'in the newspaper. The responses by the utility companies and city departments are as follows: Page 2 ~ Memorandum No. PZ 00-299 ABAN 00-004 CITY DEPARTMENTS Engineering Utilities Planning and Zoning No objection. No objection. No objection. PUBLIC UTILITY COMPANIES Florida Power and Light , Bell South Florida Public Utilities Company i Cable Company (Adelphia) !Cable Company (Comcast) No objection. No objection. No objection. No objection. No objection. The fo!lowing is a description of the zoning districts and land uses of the properties that surround the subjectirequest (see Exhibit "A" - Location Map). North South East West Lot 62 Quantum Park, vacant, zoned PID, part of Quantum Village. Lot 58 Quantum Park, zoned PID, being developed for office use. Quantum Lakes Drive right-of-way and farther west, Water Management Tract "P" and Tract ,iQ,, Quantum Park. Water Management Tract "M" Quantum. Park and the Sand Pine Preserve in Quantum Park. RECONfiM_ENI)ATION Staff recommends that the subject abandonment request be approved. No conditions of approval are recommended; however, any conditions of approval recommended by the Planning and Development Board of required by the City Commission will be placed in Ex2~ibit "C' - Conditions of Approval. xc: Cer~trdl File ~ UTILITY ~- ~ASEMENT PLAT BOOK 191-i93 ?// 61 EXHIBIT :'A'" TANOENCY · ,, 80 QUANTUM PARK AT BOYNTON BEACH, PLAT NO. 6 PLAT BOOK 57, PAGES 191-t95 SHEET 2 OF 2 SCALE: 1"=100' SKETCH OF LEGAL DESCRIPTION DATE: SEPTEMBER 2000 RELEASE OF EASEMENT DIRECTORY: QUANQUAN PREPARED FOR QUANTUM PARK AND FIELD BOOK: N/A VILLAGE, LLC DWG NO.:QUANSKO2j LAND. SURVEYING, INC.~ 105' SUNFLOWER STREET ROYAL PALM' BEACH. FL 55¢11 (561) 792-9157 TIMOTHY M. SMITH LB #6865 ~ EXHIBI~ '~B' EXItlBIT "C" Conditions Of Approval Project name: Grotto Bay File number: ABAN 00-004 Reference: Application to Abandonment w/th an September 18, 2000 Planning and Zoni~ Department date stamp marking. DEPARTMENTS - INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES COmments NONE X ' COmments: NONE X POLICE cqmments: NONE X ENGINEERING DIVISION Coganents: NONE X BUDDING DIVISION Comments: NONE X pARKs AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANN1NG AND ZONING Comments: NONE X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None. X ADDITIONAL CITY COMMISSION CONDITIONS comments: None. X MWR/dim DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Grotto Bay APPLICANT'S AGENT: Joni Bdckman, AICP. of Winston Lee & Associates. Inc. APPLICANT'S ADDRESS: 1532 Old Okeechobee Road, Suite 106 West Palm Beach, FI. 33409 DATE OF HEARING RA=BFICATION BEFORE CITY COMMISSION: December 19, 2000 TYPE OF RELIEF SOUGHT: Request for easement abandonment LOCATION OF PROPERTY: East side of Quantum Lakes Drive DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR x THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant x, 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 x 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. 7. Other DATED: City Clerk ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COMMISSION Of THE CITY OF BOYNTON BEACH, FLORIDA/ ABANDONING A 20 FOOT UTILITY EASEMENT BE'TVVEEN LOTS 60 AND 61 IN THE QUANTUM PARK PID, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ABANDONMENT; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUN'rY, FLORIDA; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFEC'rIVE DALE. WHEREAS, .loni Brickman, of Winston Lee & Associates, Inc., agent for Quantum Park & Village, L. L.C., has requested abandonment of a utility easement dedicated to the City by the plat of Quantum Park at Boynton Beach P.I.D., Plat No. 6, as recorded in Plat Book 57, Pages 191-193, Public Records of Palm Beach County; and WHEREAS, comments have been solicited from the appropriate City Departments; and WHEREAS, public hearings have been held before the City's Planning and Zoning Board and the City Commission on the proposed abandonment; and WHEREAS, based on the foregoing information, the said utility easement no longer serves any useful purpose. NOW, THEREFORE, BE 11' ORDATNED BY THE CiTY COMM:[SSION OF THE CZTY OF BOYNTON BEACH, FLOR3DA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida by and through its City Commission does hereby abandon a 20 foot utility easement between lots 60 and 61'in Quantum Park PID, dedicated to the City by the plat of Quantum Park at Boynton Beach P.I.D., Plat No. 6, as recorded in Plat Book 57, Pages 191-193, Public Records of Palm Beach County. The attached Exhibit "A" shows the location of the property, and includes a diagram of the specific easement to be abandoned. Section 2. The Mayor and City Clerk a're 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__ All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Se-~tion 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. passage. This ordinance shall become effective immedately upon 2001. FZRST READ~.NG this __ day of January, 2001. SECOND, FTNAL READZNG AND PASSAGE this day of , C~'Y OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk S:ca\Ord'~nd\QuantumP[D Lots 60-61 Abandonment (122600) DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, FR~rida, a municipal corporation, under the laws of the State of Florida, does hereby abandon and disclaim a utility easement between lots 60 and 61 in the Quantum Park PID, dedicated to the City by the plat of Quantum Park at Boynton Beach P.I.D., Plat No. 6, as recorded in Plat Book 57, Pages 191-193, Public Records of Palm Beach County.. The attached Exhibit "A" shows the location of the property, and includes a diagram of the specific easement to be abandoned. IN WITNESS WHEREOF~ the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of January, 2001. Al-rEST: CiTY OF BOYNTON BEACH, FLORIDA Suzanne Kruse, City Clerk Gerald Broening, Mayor STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH ) BEFORE I~IE, the undersigned authority, personally appeared GERALD BROENING and SUZANNE KRUSE, 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. WZTNESS my hand and official seal in the said State and County this day of 3anuary, 2001. My Commission Expires: NOTARY PUBLIC, State of Florida EXHIBIT "A" L ~o~ NT OF' TA~GENCY QUANTUM PARK AT 80YNTON E)~ACH, P. 1.0. PLAT NO. 6 ~LAT ~)OOK 57, PAGe'S 191-19'~ TIMOTHY M. SMITH ~ 'AND. SURVEYING, INC. Y~r/l\ ~ l O~'$UNFLOWER STREET ~ ROYAL P,~LM' 8EACH, FL ~3~11 ~ ~rF~ (561) 792-9157 ~ ~ / L8 ~6865 ~ SKETCH OF LEGAL 0ESCRIPTION RELEASE OF EASEUENT PREPARED FOR QUANTUM PARK AND VILLAGE, LLC SHEET 2 OF 2 SCALE: 1"=100' DATE: SEPTEMBER 2000 DIRECTORY: QUANQUAN FIELD BOOK: N/A DWG NO.:OUANSK02 ,,~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XZ-LEGAL B. 7 Requested City Commission ] Meeting Dates ~ [] N3vember 21,2000 [] D~cember 5, 2000 [] D~cember I9, 2000 [] Ja mary 2, 2001 NAT[ RE OF AGE]~ DA ITEM RECI3 Date Final Form Must be Turned in to City Clerk's Office November 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.r~) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) Requested City Commission Meeting Dates [] January 16,2001 [] February 6, 2001 [] February 20, 200I [] March 6, 200I Date Final Form Must be Turned in to City Clerk's Office January 3,200I (5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7, 200I (5:00 p.m.) February 21, 2001 (5:00 p.m.) [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcc~ment [] Development Plans [] New Busniess [] Legal [] Unfm/shed Business [] Presentation MMENDATION: Recommend approval of attached Ordinance oh first reading. EXPL iNATION: At the direction of the City Commission, staff reviewed procedures associated with the processing of "Li~ n Reductions," as set forth in Chapter 2, Article V, of the Boynton Beach Code of Ordinances. Staff submitted a summary of statistics gathered from other municipalities, along with a recommendation for modifying the current proced .~..e. City Commission reviewed the recommendation, and subsequently directed staffto move forward with the mollifications as set forth in the attached Ordinance. I n summarizing the staff report, the City Commission agreed there may not be a need to have these reductions placed on the pity Commission Agenda unless a Commissioner, or the applicant, wished to appeal the Code Compliance Board'~ decision. It was the consensus of the Commission and staff, that review/ratification of the Board's recommendation in most instances, was not necessary. PROGRAM IMPACT: The "Lien Reduction" process will be substantially expedited, with a slight decrease in staff/City Commission workload. FISCAL IMPACT: No impact; the Code Compliance Board's decision will prevail, unless appealed by a City Com~n~ioner/applicant. , ALTEI~NATIVES: Modify proposed Ordinance, or continue working with current with procedures currently in ~/~ / ;t~ 'gn City Manager Sig~ature~ i Departraent Name C~/~A~t ~ c e / H~'-~~ S ABULL~TIN~O RMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCENO. AN ORDINANCE OF THE CITY COMMISSION OF THE CiTY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE OF ORDINANCES, ARTICLE 5, "CODE COMPLIANCE BOARD", SECTION 2-90 "FINAL ORDERS ISSUED iN LIEN MODIFICATION HEARINGS" TO PROVIDE FOR REVIEW AND FINALITY OF LIEN MODIFICATION ORDERS ISSUED BY THE CODE COMPLIANCE BOARD; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Administration has recommended an amendment to Chapter 2 "Administration", Article V, section 2-90 of the City Code of Ordinances to ensure efficiency and finality of code compliance lien modification proceedings; WHEREAS, the City Commission of the City of Boynton Beach has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach to amend Chapter 2, Article V, section 2-90 of the Code to provide efficiency and finality in lien modification proceedings. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 2, Article V, section 2-90 is hereby amended by adding the words and figures in underlined type, as follows: Section 2-90. Final orders issued in lien modification hearings. [Final orders shall be issued in lien modification hearings in accordance with the following procedure:] (1) The Cod..___~e Compliance Bboard shall issue its~eeemmeP~!e~ order in lien modification headnRs to *""..._ "~*"v.., cc"'m~c=~c'' in wdtinR in a form approved by the City Attomey. Immediately followinq rendition of lien modification order, the City Clerk shall furnish a copy of the order alonq with minutes' of the Code Compliance Board's meetinq to the City Commission. (2) Lien modification order issued by the Code Compliance Board shall bn final unless a City commissioner or an aqqrieved party takes exception to thn final order ~vithin seven (7) days of rendition of the order. ~.~,(3) Thc "'*" ' ' ' v,.~ CO,,',~,,,,";.~SS~C''' ~.~...u ....... "*~ .... ~*;~ of *~O ~"' come,Jo:ce bo:rd, A Ci~ Commission or an a~rieved paAv may request ~ review of Code Compliance Board's order by noticing the Ci~ Manaqer or his/he~ designee of the intent to do so. If review of a Code Complianco Board's order is requested, the City Commission shall review the order of tho Board within thiAy (30) days of the request for review. On review, the City Commission may hear the position of the pmpe~ owner, a c~ode ~ompliance ~oard mpmsen~tive, or may rely upon the minutes of the ~ode ~ompliance ~oard proceeding regaling the pmprie~ of the lien modifi~tion. (~(4) The ~i~ ~ommission shall make one of the following ~lings: a. ~ A~ the ~ode ~omplian~ ~oard'~ final Board order in full. b. ~ Over-~le the ~ode ~ompliance ~oardA ~ final order in full. c. Modi~ the ~ode ~ompliance ~rd~ ~ final order. ~ The 6~ommission shall direct the administration to take a~ion consistent w~h the acceptance, reje~ion, or m~ifi~tion of ~e Code Compliance Board order. Se~ion 3. Should any section or provision of this O~inance or any poAion thereof be declared by a' ~u~ ~ ~mpetent judsdi~ion to be invalid, such decision shall not affe~ the remainder of this O~inance. Se~ion 4. Authod~ is hereby given to cod~ this O~inan~. Section 5. This Ordinan~ shall he.me effective immediately. FIRST READING this day of December, 2000. SECOND, FINAL READING AND PASSAGE this __ January, 2001. day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner 'Commissioner Commissioner ATTEST: City Clerk Requested Cit~ Commission Meeting Dates [] N~vember 21, 2000 [] December 5, 2000 [] December 19, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Foma Must be Turned in to CiW Clerk's Office November 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) Requested Cit~ Commission Meeting Dates [] January 16, 2001 [] Febmary 6, 2001 [] February 20, 2001 [] March 6, 2001 XT-LEGAL B. 8 Date Final Form Must be Tumed in to City Clerk's Office January 3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) Febraa~ 21, 2001 (5:00 p.m.) NAT1 AGE] IRE OF ~DA ITEM [] Administrative [] Devehipmem Plans [] Consent Agenda [] New Business [] Public Hear/ng [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation REC( ~MMENDATION: Amend certain sections of Chapter 2 "Administration" of the Code to provide an updated orgam rational chart for the City and to rename Data Processing Department to Information Technology Services/Geographic Infom ation Services. EXPL.a2qATION: The City's organizational chart was last amended in May 1989. Due to population growth and the cortes ~onding services the City offers its residents, it has become necessary to update the orgnniTatioanl chart. The updated chart ¢ asures a high degree of managerial efficiency with regard to utilization of mnn/cipal personnel and equipment, and provid .~s for delegation of authority, span of control, homogenous assignment, lateral coordinatiou and the grouping of related mnnic ~al functions. PRO( FISC~ ALT£ RAM IMPACT: N/A IMPACT: N/A RNATIVES: N/A Department Head's Signatur~ Department Name City Manager's Signature 'ty ttomey / Finance / Human R~ S:~BUL1 ETIN~FORMS~AGENDA ITEM R/EQUEST FOPdvI.DOC ORDINANCE NO. O1 - AN ORDINANCE OF THE crrY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 2, "ADMINISTRATION" ARTICLE I, SECTION 2- 1 "PERSONNEL AND EQUIPMENT ORGANIZATIONAL CHART ADOPTED"; AMENDING SECTION 2-4.1, "DATA PROCESSING DEPARTMENT ESTABLISHED" PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Wh*EREAS, the City ComnUssion of the City of Boynton Beach, Florida, deems it essential and in keeping with basic management principles that a professional organizational chart providing for the highest degree of efficiency with regard to utilization of municipal personnel and equipment, providing for delegation of authority, span of control, homogeneous assignment, lateral coordination and the grouping of related functions, be established and adopted for the efficient accomplishment of all municipal functions; and VqltEREAS, the City Administration has heretofore prepared and furnished to the City Commission an appropriate Table of Organization which meets the above criteria; and WItEREAS, the adoption of subject organizational chart is deemed essential in order to provide for the efficient daily operation of the municipal goverm'nent; NOW TIt~EREFORE, BE IT ORDAINED BY 'rl:lE CITY COMMISSION OF ~ CITY OF BOYNTON BEACH, FLORIDA, TI~AT: Section 1. That pursuant to the Charter and the Ordinances of the City of Boyntun Beach, Florida, in such cases made and provided, the organizational chart attached hereto and made a part hereof is hereby established and adopted as the personnel and equipment organizational chart for the City of Boynton Beach, Florida. Section 2. That Chapter 2, "Administration", Article I, sectiOn 2-4.1 is hereby amended by adding the words and figures in underlined type, as follows: · ~ ........... Information Technology Section 2-4.1. r, ............. dz~a~mznt .... *.u~u~,~ · Services/Geographic Information Services; functions. (a) A department of '?,a*~ Frz::zzLng [nfomfion Technology Services/Geographic Information Services is hereby established. The department of~'~ .............v, w~o~...v;-~ Information Technologv Services/Geographic Information Ser~4ces will be utilized to assist and direct in the organization and development of specialized computer programrmng for all departments of the city. Section 3. Each of the provisions of this Ordinance are separable, including word, clause, phrase, or sentence, and if any portions there of shall be declared invalid, the remaining portions shall not be affected, but shall remain in full force and effect. Section 4. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. Section 6. FIRST READINGthis Authority is hereby given to codify this Ordinance. This Ordinance shall become effective iffahediately. __ day of Janumy, 200 !, SECOND, FINAL READING AND PASSAGE this day ofJanuary, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk s:cakord\Orang~zationat Chart 122600 (.9 ,, 0 >.