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Agenda 01-16-01
The City of i100 E. Boynton Beach Boulevard (561) 742-6000 City Commission AGENDA JANUARY 16, 2001 Gerald Broening IMayor iAt Large Ronald Weiland Vice Mayor District I Bruce Black Commissioner District II Mike Ferguson !District III Charlie Fisher Commissioner District IV Kurt BreSsner City Manager ;T DISTRICT II 'RICT III DISTRICT I Visit our Web site www.ci.boynton-beach.fi.us WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBIC PAR'rZCIPAT~ON AT CZ'FY OI; BOYNTON BEACH COMMISSION ME~- I LNGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission wil not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items, which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items, which the Commission will discuss individually in the order isted on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMM/SSION MEET/NGS: 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 alter presentation of an agenda item has '-~ begun. · Public Hearings: Any citizen may speak on an offidal agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters not listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use'the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRE~S:~NG THE COMMTSSION: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). January16, 2001 CITY OF BOSTON BEACH REGULAR C1-FY COMMISSION MEETING AGENDA 6:30 P.M, I,' OPENINGS: Call to Order - Mayor Gerald Broening Invocation - Rabbi Max Roth - Temple Beth Kodesh Pledge of Allegiance to the Flag led by Commissioner Mike Ferguson IF YOU WISH TO ADDRESS THE COMMISSION: · iFILL OUT THE APPROPRIATE REQUEST FORt4 · iGIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" I PORTION OF THE AGENDA HAS BEEN COMPLETED, · I COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME III. A~ T¢ IV III III I I II III ! INDIVIDUALS HAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-t4INUTE PRESENTATIONS ADMINISTRATIVE: A, Appointments to be made: pointment Be Made Board Fisher Ferguson Ferguson Fisher Weiland Weiland Black Ferguson Advisory Bd. On Children & Youth Bldg. Board of Adjustment & Appeals Community Relations Beard Community Relations Board Employees' Pension Board Library Board Nuisance Abatement Board Nuisance Abatement Board Reg Reg Reg Reg Reg Alt Length of Term Exoiration Date I yr term to 4/01 Tabled (3) I yr term to 4/01 3 yr term to 4/03 3 yr term to q-/01 3 yr term to 4/01 3 yr term to 4/02 Tabled (3) 2 yr term to 4/02 i yr term to 4/01 AGENDA CI'TY OF BOYNTON BEACH REGULAR CITY COMMI'SSZON MEE'I1NG .1ANUARY 16,, 2001 1V~ ANNOUNCEMENTS & PRESENTA1/ONS: Ao Announcements: None Presentations: 1, Proclamations: a, b, The Celebration of the Chinese New Year - January 20, 2001 Christa McAuliffe Community Middle School Blue Ribbon Celebration Week - January 21 through January 27, 2001 c. Community Caring Center of Boynton Beach Week - January 21 through January 29, 2001 d. Four Chaplains Sunday - February 4. 2001 Presentation of Awards for Inaugural Holiday Decorating Contest - Mayor Broening and Recreation Department Staff Presentation Dan DeCarlo, Neighborhood 3. Orientatio, PowerPoint Project Specialist CONSENTAGENDA: Ma[tters in this section of the Agenda are proposed and recommendecJ by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A, Minutes: Regular City Commission Meeting of December 19, 2000 Regular City Commission Meeting of January 2, 2001 Bids - Recommend Approval - All expenditures are approved in the 2000-2001 Adopted Budget Approve the additional purchase of two new and unused 125kqN portable generator sets in the amount of $69,296 ($34,648 each) from CYs Sales and Service, BID #029-2821-00/SP Award "TWO YEAR CONTRACT FOR SUPPLY AND INSTALLATION OF WATER SERVICE CONNECtiONS & RESTORATION", BID #015-2821- AGENDA cTrY OF BOYNTON BEACH REGULAR CI-I'Y COMMISSION MEETING 3ANUARY 16, 2001 C, 01/KR, to Line-Tec, Tnc., for an estimated annual expenditure of $310,000 Resolutions: Proposed Resolution No. R01-04 Re: Agreement between City and Quantum Community Development District for reimbursement of maintenance expenses Proposed Resolution No. R01-05 Re: Ratification of the agreement between the City of Boynton Beach and Dr. Kenneth Scheppke, Emergency Medical Services Director Proposed Resolution No. R01-06 Agreement Re: Sausalito Place Propoa~d Re~olub'on No. ROl-07 Re: Accepb'ng the State of F[oHda Department of Community A~a[rs proposed agreement to provide $50,000 in fun~ng support for the City~ Urban InBII and Redevelopment Planning Grant applicabbn 5. Propoaed Resolution No. Re: the 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-Z-A Zoning District (7'ABL£D ON.~ANUAR Y 2) Staff to provide update at City Commission Meeting 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 variance (TABLED ON.~ANUARY2) Staff to provide update at City Commission Meeting Alta Chase (Wood Partners) Woolbright Place PUD - Request for new site plan approval to construct a 216 unit apartment complex with clubhouse, recreation amenities and other related improvements on t4.18 acres of the Woolbright Place PUD 3 AGENDA CITY OF BOYNTON BEACH REGULAR cTrY COMMZSSION MEb m lNG 1ANUARY 16, 2001 Approve expenditure in the amount of $20,854 to Compaq Computer CorporaUon for the purchase of a server upgrade for LaserFiche Document Imaging project through State Contract NO. 250-040,99-1 F. Approve Task Order #2 with Utility Department Engineering Consultant, Metcalf & Eddy, in the amount of $35,500 for assistance in application {'or modification of the Water Use Permit with South Florida Water Management District G. Proposed Community Investment Fund Expenditures - Commissioner Black CZTY MANAGER'S REPORT: A. Orbit Night Club - Verbal Report by Major Steve Graham, Police Department PUBLZC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERI41TS A. Proposed Resolution No. R01-09 Re: Approving a Special Warranty Deed conveying title to Sandra McPherson for Lot 64, less the West 20; Lots 65, 66 and the west 5' of Lot 67, CHERRY HILLS, as recorded in Plat Book 4, Page 58 of the Public Records of Palm Beach County FUTURE AGENDA TI'EMS: A. Selection of Consulting Firm to perform Fire Special Assessment Cost Analysis (February 6, 2001) B. "Name Pond B" Contest (February 6, 2001)~ .... C. Deve/op P/~odties for Funding Improvements an~~a~,l.e~s and Stormwater Catchment Systems (February 6, 2001) ~ D. GIS Presentation on February 12, 2001 with CRA, Planning & Development Board and Chamber of Commerce E. Outdoor Dining Ordinance (February20, 2001) ~ F. Future Annexation Areas (April 2001) DEVELOPMENT PLANS: None NEW BUS:JNESS: A. Request by Commissioner Ferguson for Tax Cap Tndexed on Growth AGENDA cTfY OF BOYNTON BEACH REGULAR CITY COMMI'SS~ON MEET/NG 3ANUARY :1.6, 200:1 Request by Comm/ssioner B/ack for Cards for Legal Items the Use of Speaker's LEGAL: A. Ordinances - 2® Reading - PUBLIC HEARING Proposed Ordinance No. 01-01 Re: Amending Policy 1.9.5 and Policy 1.16.1 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. 01-02 Re: Amendment of Comp Plan Future Land Use Map to rezone from PCD to PUD for Wood Partners Proposed Ordinance No. 01-03 Re: Amendment of Comp Plan Future Land Use Map from Local Retail Commercial (LRC) to High Density Residential (HDR) for Wood Partners Proposed Ordinance No, 01-04 Re: Approval of Planned Commercial Development (PCD) master plan for B.ls Wholesale Club Proposed Ordinance No. 01-05 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. 01-06 Re: Approval of abandonment of 20 foot utility easement between lots 60 and 61 in the Quantum Park PTD for Grotto Bay @ Bermuda Place 7~ Proposed Ordinance No. 01-07 Re: Approval Code Compliance Board lien reduction procedure of Proposed Ordinance No, 01-08 Proposed Organizational Chart Re Approval of B. Ordinances - 1~ Reading Proposed Ordinance No. 01-09 Re: Amending the City Code of Ordinances, Chapter 2, "Zoning'; SecUon 11.2, "Conditional Uses" creating Paragraph 13, to provide that applications for nightclubs, bars, and other similar establishments shall include acoustic sound analysis to demonstrate that sound shall not escape establishments AGENDA CZTY OF BOYNTON BEACH REGULAR C/TY COMMZSSZON MEt- I .tNG 1ANUARY 16, 2001 2. Proposed Ordinance No. Ol=lO Re: Amending Chapter 2. Zoning, Secb'on 11.H to require that m/n/mum parring requirements for one-bedroom and eMciency units be changed from 2 spaces for the tTrst 10 units to 1.5 spaces, and that Chapter 2.5 Planned Un/~ Development, Secb'on 9. C be amended to reference, the paddng rdquirements within Chapter 2, Zoning, SecUon 11,~ ~ C. Resolutions: None D. Other: None UNFZNZSHED BUSZNESS: XI 'II. OTHER: A. Informational Items by members of the City Commission None X] V'. AD]OURNMENT: NOT~CE PERSON DEC~DES TO APPEAL ANY DECISION MADE BY q]~E cTrY COMMISSION WTITt RESPECT TO ANY MA"ITER CONSIDERED AT THIS I~NG~ RE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSEd HE/SHE PlAY NEED TO ENSURE THAT A VERBATIM WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH mE APPEAL IS TO BE BASED. (F..~ THE FI \\o .286.0105) C1TY SHALL FURNISH APPROPRIATE AUX[LLARy AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN IND~/~DUAL wTrH A DISABILtTY ~N iLL OPPORTUNITY TO PARTICIPATE IN AND EN3OY THE BENEFITS OF A SERVICE~ PROGRAM~ OR AC'I~ffI~ CONDUCTED BY THE CITY, PLEASE TACT 3OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE TO REASONABLY ACCOMMODATE YOUR REQUEST. NAL AGENDA - 01/12/2001 8:34 AM MAtN\~HRDATA\CC\WP\CCRGENDA~AG ENDAS\011601 .DOC 3anuaryl6, 2001 CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. OPENINGS: · Vl, Call to Order - Mayor Gerald Broening Invocation - Rabbi Max Roth - Temple Beth Kodesh Pledge of Allegiance to the Flag led by Commissioner Mike Ferguson D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM · GIVE l'r TO THE cTrY CLERK (ON THE DA/S) BEFORE THE PORTION OF THE AGENDA HAS BEEN COMPLETED. · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY Eo Agenda Approval: 1. SPEAKERS PRESENTATIONS III· IV I III! III ! tv i I i III I Fisher Ferguson Ferguson Fisher Weiland Weiland Black Ferguson to be made: Board Advisory Bd, On Children & Youth Bldg. Board of Adjustment & Appeals Community Relations Board Community Relations Board Employees' Pension Board Ubrary Beard Nuisance Abatement Board Nuisance Abatement Board Alt Alt Reg Reg Reg Reg Reg AE Length of Term Expiration Date ! yr term to 4/01 Tabled (3) /. yr term to 4/01 3 yr term to 4/03 3 yr term to 4/01 3 yr term to 4/0! 3 yr term to 4/02 Tabled (3) 2 yr term to 4/02 ! yr term to 4/01 AGENDA CZ'fY OF BOYNTON BEACH REGULAR CZTY COMMzSSION MEt I ~.NG .1ANUARY 1.6, 2001. ~/~ ANNOUNCEMENTS & PRESENTATIONS: Announcements: None Presentations: 1. Proclamations~ a. b. Co The Celebration of the Chinese New Year - 3anuary; Chfista McAuliffe Community Middle Celebration Week - 3anuary Community Carir through Jnday - Broening and Presentation - Dan 2001, Ilue Ribbon Week - lanuary 2! ~g Contest- Mayor DeCarlo, Neighborhood ' AGENDA: Ma~ters in this section of the Agenda are proposed and recommended by the City Manager for "COnsent Agenda" approval of the action indicated in each item, with all of the accompanying matedal to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Regular City Commission Meeting of December 19, 2000 2. Regular Oty Commission Meeting of .January 2, 2001 B. Bids - Recommend Approval - All expenditures are approved in the 2000-2001 Adopted Budget i Approve the additional purchase of two new and unused 1251ON portable generator sets in the amount of $69,296 ($34,648 each) from O's Sales and Service, BID #029-2821-00/SP 2. Award "TWO YEAR CONTRACT FOR SUPPLY AND INSTALLATZON OF WATER SERVICE CONNECTIONS & RESTORATION'; BID #015-2821- 2 AGENDA cTrY OF BOYNTON BEACH REGULAR CTrY COMMZSSION MEti&NG 3ANUARY 16, 2001 01/KR, to Line-Tec, Inc., for an estimated annual expenditure of . $310,000 Resolutions: Proposed Resolution No. R01- Re: Agreement between City and Quantum Community Development District for reimbursement of maintenance expenses Proposed Resolution No. R01- Re: Ratification of the agreement between the City of Boynton Beach and Dr. Kenneth Scheppke, Emergency Medical Services Director Proposed Resolution No. ROI- Agreement Place Ratification of Plannin~ ~,ddiUon to ning, Section 11.1.C.1. home on a f from )n of a single- ig District (7'ABL~'D City Commission MeeUng Apts. - Modified request for relief from City of 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 ('rABI.~D ON.IANUARY2) Staff to provide update at Cit~ Commission Meeting Alta Chase (Wood Partners) Woolbright Place PUD - Request for new site plan approval to construct a 216 unit apartment complex with clubhouse, recreation amenities and other related improvements on 14.18 acres of the Woolbright Place PUD Parking Requirements (One Bedroom/Efficiency Apartments) - Request to amend Chapter 2. Zoning, Section 11.H to require that minimum parking requirements for one-bedroom and efficiency units be changed from 2 spaces for the first 10 units to 1.5 spaces, and that Chapter 2.5 Planned Unit Development, Section 9.C be amended to reference the parking requirements within Chapter 2, Zoning, Section 11.H AGENDA cTrYOF BOYNTON BEACH REGULAR cTrYCOMHISSION HEETZNG 3ANUARY 1~2001 Approve expenditure in the amount of $20,854 to Compaq Computer Corporation for the purchase of a server upgrade for LaserFiche Document Imaging project through State Contract No. 250-040-99-1 Approve Task Order #2 with Utility Department Engineering Qonsultant, Metcalf & Eddy, in the amount of $35,500 for assistance in application for modification of the Water Use Permit with South Florida Water Management District G. Proposed Community Investment Fund Expenditures - Commissioner Black VZ~ cTrY MANAGER'S REPORT: A. Orbit Night Club - Verbal Report by Major Steve Graham, ~rtment PUBLIC HEARZNG: 7:00 P.M. A. Re: PERMTrS Book 4, Page A. Firm to perform Fire Special Assessment Cost Analysis 2001) GIS Presentation on February 12, 2001, with CRA, and Chamber of Commerce C. "Name Pond 8" Contest D. Outdoor Dining Ordinance (zoning text) E. Future Annexation Areas (April 2001) DEVELOPMENT PLANS: X.I NEW BUSZNESS: A. Request by Commissioner Ferguson for Tax Cap Indexed on Growth LEGAL: A. Ordinances - 2na Reading - PUBLIC HEARING AGENDA CITY OFBOYNTON BEACH REGULARCITYCOMMZSSZON MEETING 3ANUARY 1~ 2001 Proposed Ordinance No. 01-01 Re: Amending Policy 1.9.5 and Policy 1.16.1 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, 01-02 Re: Amendment of Comp Plan Future Land Use Map to rezone from PCD to PUD for Wood Partners Proposed Ordinance No. 01-03 Re: Amendment of Comp Plan Future Land Use Map from Local Retail Commercial (LRC) to High Density Residential (HDR) for Wood Partners Proposed Ordinance No, 01-04 Commercial Development (PCD) master Re: of Planned Proposed Ordinance No. master plan Approval of major for of an · - No. 01-06 of 20 foot Quantum Park PIeD Re: Approval of lots 60 and 61 in the Place ~ No. 01-07 Re: Approval Board lien reduction procedure of Proposed Ordinance No, 01-08 Proposed Organizational Chart Re Approval of Ordinances - 1~ Reading Proposed Ordinance No. 01- Rei Amending the City Code of Ordinances, Chapter 2, "Zoning'; Section 11.2, "Conditional Uses" creating Paragraph 13, to provide that applications for nightclubs, bars, and other similar establishments shall include acoustic sound analysis to demonstrate that sound shall not escape establishments Resolutions: Proposed ResoluUon No. ROI- Community Tnvestment Fund Policy Approving the Other: AGENDA cTrY OF BOYNTON BEACH REGULAR cTrY COMMI~SSZON MEET'LNG 3ANUARY 16, 2001 X!Z. UNFZNZSHED BUS?NESS: XIII. OTHER: A. Informational Items by members of the City Commission ADJOURNMENT: IF PERSON DECIDES TO APPEAL ANY DECISION MEETING~ HE/SHE WILL NEED RE~ORD OF THE F NOTICE ~.~NAL DRAFT - 01/10/2001 7:40 AM]HP \MAIN\SHRDATA\CC\WP\CCAGENDA~AGENDAS\0 ~. 160 L DOC 6 Requested Cit3 Commission Meeting Dates [] No-~ember 21. 2000 [] Dedember 5. 2000 [] Dedember 19. 2000 [] January 2. 2001 IV-ANNOUNCEMENTS & PRESENTATIONS Item B.l.a. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR ,. Date Final Form Must be Turned in to Cit~ 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 Meet~n~ Dates [] January 16 200I [] February6. 200] [] 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 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: To proclaim the City's recognition of the Chinese New Year, EXI'LANATZON: This recommendation is ~n support of the Chinese community in South Florida and Chinese school held at Congress Middle School on Congress Avenue. The City is assisting in hosting a delegation from the Chinese Consulate from Houston, Texas. The Chinese New Year Celebration will be held at Village Royale on the Green on January 20, 2001. PROG~I3dVI IMPACT: This event helps to illustrate our cultural diversity in Boynton Beach and our leader~ship role in promoting good relations with our Chinese neighbors throughout South Florida. It serves~ to promote and encourage cultural and economic exchanges as Boynton Beach becomes known as a world class city. FISCA~ IMPACT: No monetary commitment from the City is required. ALTEI~ATIVES: City may choose not t© issue a Proclamation.,-) De~fnt Hea~t'~'S~at~re : - ' City Manager's Signature Daaiel DeCarlo ,. Neighborhood Projects Specialist Department Name City Attorney / Finance / Httman Resources S:~BULLETIN~ORMS~AGENDA ITEM R£QUEST FORM.DOC "Amazing Acrobatics "Karaoke Competition "Chinese DanCe (~i) "Box Din. ner (,A~I~) ,~'~-~. $10 for Adults, ~ ~q~- $5 for children :~.l ~ ------~ West Palm Beach: Jasonl~ (561)795-6738(H) Boca Raton: Broward: Boynton Beach: Miami: FAU: FlU: UM: Karaoke :;k:.~-. Ren Dan DeCarlo Laura de Swaet Chaowen Deng Lian Mo Guodong Sui Monica Shang (561 )852-9050(H) (954)433-3493(H) (561 )966- 8489(H) (954)494,0300(M) (561)750-7206(O) (305)385-4617(H) (305)815-1313(H) (561)697-4263(H) (561)682-6849(O) (561)297-3491 (O) (305)380-3862(O) (561)742-6028(O) (305)274-7982(0) (305)348-3739(O) (305)284-18e 1 (0) L',,!/-- ~L~: Village Royale on the Green Clubhouse Gateway~BoUlevard 4~ B~on Beach ~~ ~:~a=+~4:00 p.m. to ~t:00 p.m. ·~/~ Take 195 to Ex~ 446. Go ea~ pa~ the 1~ tr~c li~ then the '~illa~e B~le the Green"" e~rance is on the I~ (nodh). Ho~ed by ~ The U~-China People's Friendship Associ~ion, Chinese Associ~ion ¢ Science, Econo~, & ~u[ure ~o~h Florida, and the CAy ~ Boron Beach. Sponsored by Orlando Chinese Professional Association, Koupon Entertainment, Inc. Chinese Contemporaiy Sch ool at Palm Beach, Broward and Miami FALl, FlU, and UM Chinese Students & Scholars Friendship Association WHEREAS. ~n recognition of the Year of the Snake. in Chinese history and culture, the City of Boynton Beach joins the US/China People's Friendship Association of Palm Beach County and the Chinese Associatioh for Science Economy and Culture in welcoming the Chinese community in South Florida in hosting its Spring Festival to be celebrated at Vitlage Royale on the Green or~ January 20, 2001; and WHEREAS, the City of Boynton Beach welcomes as its special guests from the Chinese Consulate in Houston. Texas Mr. Wang Guilin, Consul of Culture and delegation representing the Consul General in celebration of the Chinese New Year; and WHEREAS, the City of Boynton Beach welcomes the Chinese Professional A~sociation from Orlando, the Chinese Comemporary School at Palm Beach, Broward and Miami and the children representing these schools; and WHEREAS, the City g~ves special recognition to the residents at Village Royale on the Green for. their hospitality in help to sponsor this event; NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach do hereby proclaim January 20, 2001, as THE CELEBRATION OF THE CHINESE NEW YEAR IN WITNESS WHEREOF, I, Gerald Broening, have set hereunto my hand and caused the Seal of the City of Boynton Beach FIodda, to be affixed at Boynton Beach, Flodda, this 16m day of January in the Year 2001. Gerald Broening, Mayor City of Boynton Beach ATTEST: City,Clerk (Corporate Seal) j:'vshrdata\cc\wp\ccagenda'~amat~ons'tproc.].65 chinese new year.c~:)c IV-ANNOUNCEMENTS & PRESENTATIONS Item B.l.b. WHEREAS, The City of Boynton Beach values public education and seeks to recognize schools that achieve o_utstanding success; and WHEREAS, Christa McAuliffe Community Middle School has twice, received the Silver School Award to recognize the efforts of its Student Volunteers; and WHEREAS, Christa McAuliffe Community Middle School has received the Golden School Award for Adult Volunteers for each of the last twelve years; and WHEREAS, Chdsta McAuliffe Community Middle School has received the Five Star School award for community involvement from the Flodda Commissioner of Education for each of the last three years; and WHEREAS, the United States Department of Education this year recognized only 198 secondary schools in the nation and only eight schools in Flodda as Blue Ribbon Schools of Excellence; and WHEREAS, only two other Palm Beach County secondary schools have been so honored over the past fifteen years; and WHEREAS, Chdsta McAuliffe Community Middle School was the only school in Palm Beach County to be recognized as a Blue Ribbon school of Excellence this year; and WHEREAS, Chdsta McAuliffe Community Middle School was described by the United States Department of Education to be "cleady a school that has worked tirelessly to develop a community of leaders"; ,, NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach do hereby proclaim the week of January 21-27, 2001, as CHRISTA MC AULIFFE COMMUNITY MIDDLE SCHOOL BLUE RIBBON CELEBRATION WEEK IN WITNESS WHEREOF, l, Gerald Broening, have set hereunto my hand and caused the Seal of the City of Boynton Beach, Flodda, to be affixed at Boynton Beach, Flodda, this t6· day of January in the Year 2001. ArrEST: Gerald Broening, Mayor City of Boynton Beach City Clerk (Corporate Seal) \\dq\main'v,~hrdata\cc\wp\ccagenda~'odamations~x'oc.16,q. chdsta mcauliffe blue ribbon celebraUon week.doc Sus ension Solutions Inc. A private no~.fo~-pro~t company provldlmj consultl~ .~r~ fo; OGIPTM a It ernaUv~4o~uspe~ston pro~ram~ G. David Fellows President/CEO Deccmher 15, 2000 To: Boynton Beach City Manager Fm: David Fellows Re~ Chr~a McA-liff'e Proclamation Fax: 742-6011 ?gs: Dear' Mr. Bressner: We would greatly appreciate it if you would move the Proclamation for "Chrism McAul;ffe Community Middle School Blue Ribbon Celebration Week" from this upcoming meeting to the City Co~,,,,,i~ion meeting of January 16, 2001. This will place the reading of the proclamation much closer to the actual event and, hopefully, draw more attention to it. On behalf of the School Advisory Council and thc Blue Ribbon Celebration Committee, I would like to thank you both for the proclamation, and for your accommodating this request. Believe & Achieve, David Fcllows CC: Education Advisory Board 838 NE Ninth Ave~lt.l~, Boy~'~n Beach. FL 33435 · (561) 752-447'4 · Fax (561 } 752-~475 www. Susoensionsolutions.org ~' ~V-ANNOUNCEMENTS & PRESENTATZONS WHEREAS, the Community Caring Center of Boynton Beach has been actively assisting the nungryand the needy of our community since September 1987 alleviating [ne suffenng of single mothers, the unemployed, [rans~ems. and others who find themselves on the ¢nargin of society; and WHEREAS, the religious community as well as individual citizens of Boynton Beach have recognized the charitable work of the Community Caring Center in ~roviding emergency shelter, grocenes and other resources; and WHEREAS. the Community Cadng Center of Boynton Beech has made a difference in ~ne lives of those who needed that extra help to keep their family together, or to react to an emergency situation that could result in the loss of a home or the lack of a meal. NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boymon Beach, Florida, hereby proclaim January 21 through January 29, 2001 as COMMUNITY CARING CENTER OF BOYNTON BEACH WEEK IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Flodda, this 16th day of January in the Year 2001. ATTEST: Gerald Broening, Mayor City of Boynton Beach City Clerk (Corporate Seal) Community -Caring Center of Boynton Beach, Inc. D~ember Board of Dkectom: Eagle ~ Cedeo~, Pres~eat ~es~em Staff.' Sherry Joh~on Exeeu~ve Director Adrianne Le~Por · Covenanting Congregations: Ascension Lutheran Church St. Mark Catholic Church St. Joseph's Episcopal Church 1st presbyterian Church Supporting Congregations: BB Congrega~oaal United Church o f Chrlst Bible Church of God Church of God Boyaton Beach Church of Otw Savior, MCC Faith United Methodist Church Grace Fellowship Congregation Lakeside Christian Center St Jphn's M~sionary Baptist Church St. Thomas More Parish Congregation L'Dor V'Dor Organized by the Boynton Affiliations: BB Chamber of Commerce PBC Homeless Coalition C.R.O,S- Ministries PBC Hunger Task Force So. Florida l~$igrant A~soda~on, I~e. Dear Joyce: Per our conversation this morning, I am attaching a copy of last year's Proclamation, which was reed by Mayor Broenlng at St. Thomas More's Parish prior to the Festival of Choirs celebration. We are also asking that Ms. Sherry John~qon, Director, and Mr. Eugene Cericola, Board President of the Community Caring Center, be present at the January 16th City Commission Meeting. They will need to speak to th'~'-Z.ffl~- Mayor concerning candi.da, tes running for election, and make arrangements to have the Mayor read this Proclamation at the Festival of Choirs. / The following dates of the final draft 0fthe Proclamation should rem as follows: * January21 through January29,2001: In the last paragraph: "IN WITNESS WHEREOF" the date should read the affixed date of siEnature that Mayor Broening actually signs the Proclamation. · We will need the signature oftbe City Clerk, as well as the Corporate Seal. We appreciate your cooperation and your efforts to be of assistance to us during this very special event planned for January 21, 2001. We also look forward t° having you join us for this wonderful celebration. If you have further questions, please do not hesitate to contact me. Sincerely, Adrianne LePore, Administrator For Sherry Johnson, Dh'ector ,~~,~ /V-ANNOUNCEI~IENTS & PRESENTATIONS WHEREAS. February 4, 2001 will mark the 58th Anniversary of the sinking of the troopship SS Domhester. which carded to their deaths four Chaplains of three faiths who stood united in prayer as the ship went down: and WHEREAS, these four Chaplains, Roman Catholic. Jewish and Protestant gave their own life jackets to four soldiers and thus sacrificed their own lives to save the lives of others: and WHEREAS, it is fitting at a time when the freedom of the wodd is imperiled that the City of Boynton Beach. Flodda should give special recognition to the memory of those who sacrificed their lives for the cause of freedom: ano WHEREAS, the heroic deed of the four Chaplains and their combined act of supreme devotion and sacrifice for Amedcan liberty and human freedom will be an inspiring and ever-shining example of real brotherhood for all time to the people of the wodd; and WHEREAS, we must all see to it that their supreme sacrifice to the common cause of freedom and jus~ce for all shall not have been in vain. NOW, THEREFORE, I, Gerald Broening, by virtue of the authedty vested in me as Mayor of the City of Boynton Beach, Ronda, hereby proclaim Sunday, February 4, 2001 to be observed as: FOUR CHAPLAINS SUNDAY And call upon all our citizens to commemorate the day with apprepdate observances in public places and by prayers in their homes and houses of worship. IN WETNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, :lorida, to be affixed at Boynton Beach, Flodda, this 16th day of January, Two Thousand One. ATTEST: City Clerk (Corporate Seat) Gerald Broening, Mayor City of Boynton Beach - Boynton Veterans Council American Legion Posts 164 & 288: Disabled American Veterans 152: Jewish War VeteransPost 440: Military Order of the Purple Heart Post 687: Korean War Veterans Unit 17: Veterans of Foreign Wars Posts 5335 & 10150: Sons of the American Legion Post 164 9525 Majestic Way Boymon Beach, FL 33437 December 31, 2000 To Boynton Beach City Officials please forgive the memo format of this note. The Boynton Veterans Council has no secretary or volunteer secretary. The Boynton Veterans Council will be holding ou~Fom~ Cliaplt~ ~tion on Sunffay; F~tnuaty 4~a 200ga~'T00 p.m. This year the program will be at the Beth Kodesh Congregation. The address is 501 NE. 26 Ave. in Boynton Beach. 26 Ave. is approximately aA mile north of Gateway Boulevard on Seaerest. If you are coming from that intersection, turn fight onto 26 Ave., and go approximately ¼ mile with Synagogue on the left. This program hunches "Brotherhood Month". The program lasts about 50 minutes. You and your guests are invited to attend. We would greatly appreciate the ~i~ai~g-~ ~on this occasion, and if Mayor Broening can present it at this ceremony. All other officials are invited to attend with their guests, and if you contact me prior to the meetings opening, I will introduce you to the audience. Please stay for the "coffee and" afterwards. Sincerely yours, Gerald Levine, Chairman 9525 Majestic Way Boynton Beach, FL 33437 56 t -734-0192 e-mail: gerrymega~AOL.com Requested Ci~ Commission Meetin~ Dates [] November 21, 2000 [] December 5, 2000 [] Dedember 19, 2000 [] january 2, 2001 IV-ANNOUNCEMENTS & PRESENTA1/ONS Item B.2.. CITY OF BOYNTON BEACH ~2~..~. ~, l AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CiW Clerk's Office Requested Cffy Commission Meetine Dates Date Final Form Must be Turned in to City Clerk's Office November9,2000 (5:00p.m.) [] January l6, 2001 Januaw 3, 2001 5:00 p.m.! November 22. 2000 (5:00 p.m.) [] February 6. 2001 January I7, 2001 (5:00 p.m.) December6,2000 (5:00p.m.) [] Februa~ 20, 2001 February 7, 2001 (5:00 p.m.) December20,2000 (5:00p.m.) [] March6,2001 February 21, 2001 (5:00 p.m.) i [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Request the Mayor join Recreation Department staffin presenting awards to participants ia the inaugural Holiday Decorating Contest. EXPLANATION: The Recreation Deparmaem organized the inaugural Home Decorating Contest. The contest was organized to promote community spirit and to recognize homeowners and businesses who contribute to community spirit through holiday decorations. All properties within the city limits were eligible to participate. PROGRAM IMPACT: This event recognized local residents who promoted community spirit through holiday decorations FISCAL IMPACT: n/a ALTEI~AT1VES: n/a ~~ gn City Manager's Signature Department Nme City Attorney / Finance / Human Resources S:~BULLET1/q~FORMSL&GENDA ITEM REQUEST FORM.DOC Requested City Commission Meetin~ Dates [] November 21, 2000 [] December 5. 2000 [] December 19,2000 [] January 2, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Tamed Requested City Commission in to City Clerk's Office Meeting Dates November 9, 2000 (5:00 p.m.) [] January 16. 200I November 22, 2000 (5:00 p.m.) [] February 6, 2001 December 6. 2000 (5:00 p.m.) [] February 20, 2001 December20,2000 (5:00p.nt) [] March6,2001 V-CONSENT AGENDA Ztem B-1 Date Final Form Must be Turned in to City Clerk's Office Janu .a~-y 3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21,200l (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Bus/ness [] Announcement [] Presentation RECOMMENDATION: Motion to approve additional purchase of two (2) new and unused 125KW portable generator sets in the amount of $ 69,296.00 ($ 34,648 each) from CJ~S SALES AND SERVICE, Bid #029- 2821-00/SP. EXPL of Oca the bid PROG guarm agreed iNATION: On January 13, 2000, Procurement Services opened Bid #019-2821-00/SP. CJ's Sales and Service , Florida was determined to be the most responsive, responsible bidder who met all specifications. Therefore, was awarded to CJ's Sales and Service at the Commission meeting of February 15, 2000. RAM IMPACT: According to the Terms and Conditions of Bid #029-2821-00/SP, proposed prices are teed for a one year period. Since this bid will not expire until February 15, 2001, CJ's Sales and Service has to honor prices for this additional purchase. These generator sets will supply emergency electrical power to the Cil. "s water supply wells (see attached Memo #00-289). FISCAL IMPACT: During the 00/01 budget process, the Utility Department anticipated the need for replacement of two older (approximately 14 years old) 125 KW generator sets. Funds are available as follows: ce: John Bob Barb File S:kBULI BUDGET ACCOUNT,# EXPENDITURE UTILITY GENERAL RENEWAL & REPLACEMENT 405-5000-590-96.02 WTR017 ~,~~ Deputy D~rector of Fmanctal Services C~ty Manager's S~gnature Procurement Services Department Name Ouidry, Utilities Director [enyon, Deputy Utilities Director Conboy, Administrative Coordinator ETIN~ORMSkAGENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources MEMORANDUM Utilities #00-289 TO: Bill Atkins Procurement Services FROM: John Guidry Utilities Director DATE: December 27, 2000 . SUBJECT: Bid #029-2821-00/SP Agenda Item -125kw Portable Generator Sets On January 13, 2000, Procurement Services received and opened six bids for 125kw portable generator sets. CJ's Sales and Service was the lowest, most responsible, responsive bidder who met all specifications. On February 15, 2000, City Commission approved the recommendation for award to CJ's Sales and Service of Ocala, Fl. We purchased one new additional generator to supply emergency electrical power to our water supply wells. During the 00/01 budget process, we anticipated the need for replacement of two older (approximately 14 years old) 125kw Portable Generator Sets. These older units supply emergency electrical power m our water supply wells also. Funds, $70,000.00, are available in account g405-5000-590-96-02, wtr017. Please place this request on the next available agenda for City Commission for approval to purchase two new and unused 125kw generator sets (as per specificatiun) from CJ's Sales and Service in the amount of $69,296.00 Cc: Bob Kenyon~~ Barb Conboy' tgi-' Dora Formanek File The City of Boynton Beach I00 E. Boynton Beach Boul~ard P.O. Box $I0 Boynton Beack, Florida $34,~.0310 Telephone No: (561) 74.2-6320 FAX: (561) 742.6306 February 17, 2000 cJ'S SALES A_ND SERVICE 132 NE 17TM PLACE OCALA, FL 34470 ATTN: BEN BEASLEY RE: PURCltASE OF ONE (1) NEW AND UNUSED 125KW PORTABLE GENERATOR ! SET - BID g029-2821-00/SP Dear Representative: At the City Commission meeting of February 15, 2000 the bid for the "PURCHASE OF ONE (1) NEW AND UNUSED 125KW PORTABLE GENERATOR SET" was awarded to your company. Enclgsed is a copy of the tabulation sheet for your review. As siipulated within the Bid specifications, you company's original certificate of insurance is to be p~ovided to our Risk Management Department at your earliest convenience, naming the city as additional insured. Upon reCeipt of all neCessary insurance requirements, a purchase order will ~e issued. We thank you for responding to this project. If you have any further questions regarding this pwject, please call this office at (561) 742-6322. Slncgrely, Deputy Director of Financial Services Enclo~ur~ ¢¢: B6b Kenyon, Deputy Utilities Di~'etor Barb Conboy, Utilities Central File America's Gateway to the Gulfstream CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM [] Novemi~t 16, 1999 [] Deccmb~ 21, 1999 D~ Fi~l Fo~m Mu~t be Turned November 3, 1999 (~:~ p.~) ~ 1~, 1~ (5:~ p.~) ~ 8, 1~ ($:~ p.~) ~ ~, I~ ($:~ p.m) P,~/uested City Commission Meetin~ [] Janunty 18, 2000 [] Mnrch 7, 2000 Dat~ Final Form Must be Turned in to City Clenk's Office Janua~ $, 2000 ($:00 p.m.) Janna~ 19, 2000 ($:00 p.m.) ~ 2, 2000 (~:00 p.m.) ~elmmy 16, 2000 ($.~0 p.m.) NATURE OF AGENDA ITEM [] Aaraini~trative [] Development Plans [] Consent Agenda [] New Business [] Bi~ ~ U~ni~h~B~s ~ ~o~e~t ~ ~on RECOMMENDATION: A motion to award the bid for the PURCHASE OF ONE (1) NEW AND UNUSED 125KW PORTABLE GENERATOR SET to CJ'S SALES AND SERVICE, in the amount of $ 34.648.00. "PURCHASE OF ONE (1) NEW AND UNUSED 12$KW PORTABLE GENERATOR SET" - BID ~029=2821-00/SP. The Tabulation Committee recommends an award be made to C~'*S SALES AxNID SERVICE, of Oeala, FIorida~ in the amount of $34.648.00. Procurement Services requests Commission's review, evalu~tioll, and award approval. EXPLANATION: On January 13, 2000, Procurement Services opened the above mentioned bid and received six (6) bids. CJ's Sales and Service was the "lowest, most responsible, responsive bidder who meets aH specifications". Bob Kenyon, Deputy Utilities Director, concurs with this request (see attached Utilities Memo 00=0012). PROGRAM IMPACT: This portable generator set is being purchased to supply emergency electrical power to our water supply wells. FISCAL IMPACT: BUDGET ACCOUNT # 401-2812-536-64.02 BUDGETED AMOUNT $ 35,000.00 ALTI~RNK~'IV~S: · ' Dephty Director of FinanciallY'vices Procurement Services Department Name Date City Manager's Signature City.Attorney / Finance / H~m~an Resources /ktr Attachments cc: Bob Kenyon,'Utiliiies Ba~ Conboy, Utilities File TO: FROM: DATE: SUBJECT: MEMORANDUM UTILITIF, S DEPARTMENT 00-0012 Karen Risel~y, Buyer Directo- -' - {/ January 18, 2000 Bid g029-2821-00/SP 125 Kw Portable Generator Set RECEIVED J~N ~0 2000 We have reviewed the six bids received for this portable generator set and recommend awarding to the lowest responsive, responsible bidder, CJ's Sales and Service, Ocala, FL. This portable generator set is being purchased to supply emergency electrical power ~o our water supply wells. Funds in the amount of $35,000 are available in Account No. 401-2812-536-64.02 for this purchase. Please present this request to the City Commi~-sion for their approval to purchase one new and unused 125 Kw generator set (as per specification) from CJ's Sales and Service in the amount of $34,648. /acl bc: Bob Kenyon cc: Barb Conboy John Reynolds Dora Formunek File BIDDER ACKNOWLEDGEMENT Submit Bids To: Mailing Date (City): BidlTitte: Bid Number: Project Number: Bid Received By: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 December 8, 1999 "PURCHASE OF ONE (1) NEW AND UNUSED 125 KW PORTABLE GENERATOR SET" 029-2821-00/SP JANUARY 13, 2000, 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: Januar3~ 13, 2000, no later than 2:30 P.M. 0ocal 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: CJ'S SALES AND SERVICE Federal I.D. Number: 59-2488285 A Corporation of the State of: ~ Area Code: (352) Mailing Address: City/State/Zip: OC.a~, PI, 34470 Vendor Mailing Date: Telephone Number: 132 NE 17~h Pt,. 732-0271 01/10/2000 Name Typed PAGE TO BE SUBMITTED ALONG ~vrrlt PROPOSAL 24 PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: 01/10/2000 The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a s~arate proposal sheet for each. The undersigned proposes to deliver the product in accordance with the specifications for the sum of: ONE (1} 125KW PORTABLE GENERATOR SET: $ 34,648.00 UNIT PRICE ALL PRICES F.O.B. BOYNTON ~ACH - PUBLIC WORKS COMPOUND. 222 N.E. 9~ AVENUE It is further agreed that the eqmpment will be delivered within 75 the Purchase Order fxom the City. calendar days from the date of Willing to hold price for one (1) year from date of award Yes/No Number of Bid Proposals submitted Specification "check.oW' sheets (Pages 3-15) submitted Yes/No THIS PAGE TO BE SUBMI'ri'~D ~ ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 25 MANUFACTURER COMPANY NAME MODEL SIGNATURe. BEN B~BY PRINTED NAME ( 352 ) 732-0271 TELEPHONE NUMBER TITLE PAGE TO BE SUBI~:i"i's:D IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 26 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM BEACH ) : SS ) 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 firm or by an officer of the corporation. Sworn and subscribed before me this i ~ day of ,, ~ FitO By: NAME - SIGNATURE~ ~'' · ; coo Printed Information: BEN NAME NOTARY PUBLIC, State of Florida at Large Nota~'y Puelic - State of Florida My Commission Expires Mar 23. 2002 Commi~ion ~ CC72708~ "OFFICIAL NOTARY SEAL" STAMP TITLE CJ~S SAL~S AND S~VI~ COMPANY · tH t~ PAGE TO BE SUBMITTED ALONG Wlllt PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 27 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be'made a part of our files for future use and information. Please fill out and 'indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. AMERICAN INDIAN ASL~4 BLACK HISPANIC WOMEN OTHER (specie) Do you possess a Cenificaiion qualifying your business as a "Minority Owned Business"? YES NO t If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 28 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-flee workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynmn 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 program 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 ~mployees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free 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 pwviding the commodities or conWactual 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 (~) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drag abuse assistance or rehabilitation program if such is available in the employee's commo, nity by, ally employee who is so convicted. 6) Make a good faith effort tO r 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 fully with the above requirements. ~:~ ~~,,~_,~, Vendor's Signature 0 · fidis PAGE TO BE SUBlVul-t~D ALONG ~ PROPOSAL LN ORDER FOR PACKAGE TO BE CONSIDERED COMRLETE AND ACCEPTABLE 29 CUSTOMER CITY OF BOYNTON BEACH PO BOX 310 BOYTON BEACH, FL. 33425 SCOPE OF WORK We are pleased to pr'-~,em the followi~ quotation for the equipment described iu the materials below:. Onan 125 DGEA Oonerat0r with the following features: GENERATOPc 3 Phase, 2771480 VAC, 60 Hz 12 Lead 165 de~ C Rise C, onerator with PMG Excitation Electronic Voltage Regulation +/-1% 40 dc8 C l~etiut~- Electronic !Isochronous Govern~ Detector 12 F~gine Control - Factory W~ather Protective Housing-Quite Site Level I, 68 dba ~ 7 meters ] ¥~r Co~ ~pr~., 'ye Warrmt~ Low Coolant Safety Critical C. rmde Exlmust Siloncer 1500 Wa~ 120 Volt Coolant System Heater Battery C.~. er, IOA Coolmt Drain Extension - Oil Drain Extension - Enmsonc~ Sh,.aown I_ Receptacles 12V Power Supply Load C~nt~r, 12Volt Cord R~I~ 50t~. 2 Pow~ Ground Rod 2 Hour 7000 GV~ Traik~ applied by - De. liver, o~ load and anti, or ~uit at sit~ - Perform o ~n~rpe~om~l ~ainin~ - Fuel Total · DATE QUOTE # 12/2111999 S1293 FOB DELIVERY TOTAL TOTAL. O,OOT { S0.00 , 132N.E. 17th Place · Ocalo, Flortda34470 · (852)732-0271 · FAX (352)732*0606 SPECIFICATIONS FOR PURCHASE OF ONE (1~ NEW AND UNUSED 125KW PORTABLE GENERATOR SET SCOPE: Provide one (1) complete, portable and operable emergency standby electric generating system. System includes ail devices and equipment specified herein or required for operation. An omission in the specifications does not relieve the bidder of obligation to provide a complete and operable system. Equipment shall be new, factory tested, and delivered ready for installation. These systems are used as emergency standby power at wells in the wellfield areas throughout the City of Boynton Beach. It is possible that additional units will be needed and that pricing shall remain valid for one (1) year. For clarifications or answers to questions of a technical nature, please direct inquiries to: Bob Kenyon. Denutv Utility Director. at (561} 742-6402. or John Reynolds. SuPervisor of Public Water Maintenance. at ¢561~ 742-6433. Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off" sheets (Pages 3-15) with the proposal sheet in order for a bid to be considered. GENERAL: APPROVED MANUFACTURER: ..~/k~_~/k~ Generating systems shall be Onan or approved equal SUB~S - With delivery of equipment, the following shall be supplied: Manufacturer's product literature and performance data Manufacturer's warranty documents Shop drawings showing plan and elevation views with certified overall dimension, as well as wiring intercormection details _ . . Interconnecfion wiring diagrams showing ail external connections required; with field wiring terminals marked in a consistent point-to-point manner TmN PAGE TO BE SUBM]TTED ALONG WI'rid PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE SPECIFICATIONS continued ...... Two (2) sets of op_erator and spare parts manuals. The manuals shall include outline, interconneetion, wiring and control drawings accurately describing the equipment provided. Provide ladder logic for all programmable logic controllers in the system Three (3) sets of enclosure, cable box and fuel cap keys WARRANTY: Shall be provided for all products against defects in materials and workmanship for one (I) year period fi:om the start-up date PART~: Supplie,- shall be manufacturer's authorized distributor, who shall provide initial start-up services, conduct field acceptance testing, and warranty service Supplier shall have 24-hour service availability and factory-trained service technicians authorized to perform warranty service on all products provided Supplier must have a complete repair facility with at least 80% spare parts stock Supplier shall provide training for the operating personnel covering operation and maimenanee of the equipment provided Training program shall be at least four {4) hours in duration at the City of Boynton Beach facility _.~ Training date and time shall be coordinated with the Supervisor of Public Water Maintenance DELIVERY AND TESTING: · Initial start-up shall be performed by the supplier or manufacturer's representative __ Delivered equipment shall be fully tested at the factory for function and performance Each unit will be delivered with a full tank of fuel ., Upon delivery, the units will be field tested by a factory certified technician and performance shall be reviewed and approved - On-site testing shall include a "cold start" test, a two (2) hour full load test, and a one step rated load pickup test in accordance with NFPA 110. Provide a r~istive load bank and make temporary connections for full load test, if necessary. All phasing of both sources shall be completed at this time THIS PAGE TO BE SUllMrrTED ALONG YVlTIt PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE A_ND ACCEPTABLE 4 SPECIFICATIONS continued ...... Any discrepancies shall be corrected at the sole expense o£ the supplier and all testing will be conducted in its entirety after said repairs have been completed It may be necessary for the supplier to transport the equipment to various sites in order to accomplish this DIESEL ENGINE - GENERATOR SET: · Unit shall be 4-cycle, 1800 cpm, diesel engine generator set Generator set ratings: 125 kW, 156 KVA at 0.8 PF, standby rating, based on site conditions noted below. System voltage of: 277/480 or 120/240 Volts AC, three phase, switchable, four-wire, 60 hertz. Site conditions: altitude 500 ft., ambient temperatures up to 120 degrees Fahrenheit PERFORMANCE: Voltage regulation shall be +/- 1.0 percent for any constant load between no load and rated load Frequency regulation shall be isochronous from steady state no load to steady state rated load . Random frequency variation with any steady load from no load to full load shall not exceed plus or minus 0.25% . . Diesel engine-generator set shall be capable of single step load pick up of 100% nameplate kW and power factor, less applicable derating factors, with the engine- generator set at operating temperature ~//Motor starting capability shall be a minimum of 422 KVA. The generator set shall be capable of sustaining a minimum of 90% of rated no load voltage with the specified KVA load at near zero power factor applied to the generator set ENGINE: ~/ Engine shall be diesel, 4-cycle, radiator and fan cooled __~_~_ Minimum displacement shall be 359 cubic inches, with six cylinders __ Horsepower rating of the engine at its minimum tolerance level shall be sufficient to drive the alternator and ail connected acCessories Tw° cycle engines are not acceptable TBAS PAGE TO BE SUBI~Hi-I'KO ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 5 SPECIFICATIONS continued ...... Engine accessories and features shall include: Electronic governor system shall provide automatic iSOchronous frequency regulation Skid mounted 'radiator and cooling system rated for full load operation in 104 degrees Fahrenheit ambient as measured a[the generator air inlet Radiator shall be provided with a duct adapter flange Cooling system shall be filled with 50/50 ethylene glycol/water mixture by the equipment supplier __ Rotating parts shall be guarded against accidental contact per OSHA requirements .. Electric starter(s) capable of three (3) complete cranking cycles without overheating ·. Positive displacement, mechanical, full pressure, lubrication oil pump .. Full flow lubrication oil filters with replaceable spin-on canister el~ments and dipstick oil level indicator An engine-driven, mechanical, positive displacement fuel pump Fuel filter with replaceable spin-on canister element · . ~ Replaceable dry element air cleaner with reslrictiun indicator ~, Flexible supply and return fuel lines Engine mounted battery charging alternator, 37 ampere minimum, and solid-state voltage regulator Synchronous, four pole, 2/3 pitch, revolving field, drip-proof conslnaction .. Single pre-lubricated sealed bearing Air cooled by a direct drive c~,*ntrifugal blower fan Directly connected to the engine with flexible drive disc All insulation system components shall meet NEMA MGI temperature'limits for Class H insulation system. Actual temperature rise measured by resistance method at full load shall not exceed 105 degrees Centigrade 'i'Hl~ PAGE TO BE SUBbll'i-I'ED ALONG WITH PRopOsAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE SPECIFICATIONS continued ...... Generator shall be capable of delivering rated output (KVA) at rated frequency and power factor, at any voltage not more than 5 percent above or below rated voltage A permanent_magnet generator (PMG) shall be included to Provide a reliable source of excitation power for optimum m°tor starting and short circuit performance · . PMG and controls shall be capable of sustaining and regulating current supplied to a single phase or three phase fault at approximately 300% of rated current for not more than 10 seconds ENGINE GENERATOR SET CONTROL: ,~,//' NEMA 1 enclosed control panel shall be mounted on the generator set with vibration isolators ~// Control shall be vibration isolated and prototype tested to verify the durability of all ~ components in the system under the Vibration conditions encountered The generator set mounted control shall include the following features and functions: ~" Three (3) position control switch labeled RUN/OFF/AUTO · In the RUN position, the generator set shall automatically start, and accelerate to rated speed and voltage. In the OFF position, the generator set shall immediately stop, bypassing all time delays. In the AUTO position, the generator set shall be ready to accept a signal from a remote device to san and accelerate to rated speed and voltage ~ RESET switch · RESET switch shall be used to clear a fault and allow restarting the generator set after it has shut down for any fault condition X PANEL LAMP switch · Depressing the PANEL LAMP switch shall cause the entire panel to be lighted with DC control power GENERATOR SET AC OUTPUT METERING: Generator set shall be provided with a metering set with the following features and functions: Analog AC voltmeter, dual range, 90 degree scale, 2% accuracy Analog AC ammeter, dual range, 90 degree scale, 2% accuracy -~ Analog frequency/RPM meter, 45-65 Hz, 1350-1950 R.PM, 90 degree scale, +/- 0.6 Hz accuracy THIS PAGE TO BE SUBMri-rEO ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 7 SPECIFICATIONS continued ...... Seven position phase selector switch with OFF position to allow meter display of current and voltage in each generator phase When supplied with reconnectable generators, the meter panel shall be reconnectabte for the voltage specified QENERATOR SET ALARM STATUS DISPLAY: ~ Generator set shall be provided with alarm and status indicating lamps to indicate non- i automatic generator status, and existing alarm and shutdown conditions __w_~ Lamp condition shall be clearly apparent under bright room lighting conditions Get~erator set control shall indicate the existence of the following alarm and shutdown conditions on the display panel: x.x~/ Switch off(flashing) ,~ Low oil pressure (alarm) '~/' Low oil pressure (shutdown) ~/'Low coolant temperature (alarm) ~ High coolant temperature (alarm) ~. High coolant temperature (shutdown) x~rr Low coolant level (shutdown) __~ Overcrank (shutdown) \~A~ Ow~$peed (shutdown) ~ Low fuel~iay~znk (alarm) ,~ Ground fault (alarm) (optional - when required by code or specified) .__~ _ In addition, pwvisions shall be made for indication of two customer-specified alarm or shutdown conditions ._~_~ Non-automatic indicating lamp Shall be red, and shall flash to indicate that the generator set is not able to automatically respond to a command to start from a remote location THIS PAGE TO BE SUBI~'d'i-rED ALONG WI'I'll PROPOSAL 1~ ORDER FOR BID PACK. AGE TO BE CONSIDERED cor~I~LETE AND ACCEPTABLE 8 SPECIFICATIONS continued ...... ENGINE STATUS MONITORING: The following devices shall be provided on the generator set control: __ Engine oil pressure gauge Engine coolant temperature gauge /Engine operation hour gauge ~/ Battery voltage (DC volts) CONTROL FUNCTIONS: ,t Control system provided shall include a cycle cranking system, which shall be for three (3) cranking periods of 15 seconds each, with 15-second rest period between cranking periods _~ Fail to start shall be indicated by operation of the overcrank alarm indication lamp ALTERNATOR CONTROL FUNCTIONS: ~'~f Getlerator set shall include an.automatic voltage regulation system which is matched and prototype tested with the governing system provided It shall be immune from misoperation due to load-induced voltage waveform distortion and provide a pulse width modulated output to the alternator exciter System shall include a torque-matching characteristic, which shall reduce output voltage in proportion to frequency below a threshold of $8-59 Hz for 60 Hz machines, and 48-49 Hz for 50 Hz machines · . Voltage adjusting rheostat, locking screwdriver type, to adjust voltage +/- 5% from rated value · . When required by National Electrical Code or indicated on project drawings, the control system shall include a ground fault monitoring relay Relay shall be adjustable from 100-1200 amps, and include seconds Relay shall be for indication only, and not trip or shut down the generator set N°devi~:;?a; wanhid. ¢727dc ~.~o~c ?r r ::1; f°is~:t ge ~2t:fft si:ed TI-IIS PAGE TO BE SU~l~ll'l-l:i~,O ALONG WITIt PROPOSAL IN ORDER FOR BED PACKAGE TO BE CONSEDER~D COMPLETE AND ACCEPTABLE adjustable time delay of 0-1.0 SPECIFICATIONS continued ...... CONTROL INTERFACES ~OR REMOTE MONITORING: ProVide the following features in the control system: · ~ Form "C" dr~ common alarm contact set rated 2A ~ 30VDC to indicate existence of any alarm or shutdown condition on the generator set ~ One set of contacts rated 2A ~ 30VDC to indicate generator set is ready to load . . Contacts shall operate when voltage and frequency are greater than 90% of rated condition A fused 10 amp switched 12VDC power supply circuit shall be provided for customer use . . DC power shall be available from this cimuit at all times from the engine starting/control batteries Generator shall incorporate a voltage reconnection switch which will switch output voltage to either 277/480 voltS, three phase or 120/240 voltS three phase with one-quarter mm of the handle Separate breakers will be supplied for each voltage with no voltage present from the source which is not selected Unit will be supplied with a'thennostafically controlled i20 volt alternator space heater to keep the alternator windings dry during storage BAH: 3( Engine-generator set shall be mounted on a heavy duty Steel base to maintain alj,?ment between components __~ Base shall incorporate a battery tray with hold-down clamps within the rails GE44ERATOR SET AUXII,LIARY EQUIPMENT AND ACCESSORIES: WA~rER JACKET HEATER: Engine mounted, thermostatically controlled, water jacket heater for each,engine Heater shall be sized as recommended by the generator set manufacturer Heater voltage shall be 120 volt single phase IltlS PAGE TO BE SUB1MIi-rED ALONG Vel'l'tt PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 10 SPECIFICATIONS continued ...... VIBRATION ISOLATION: ~. Vibration isolators, pad type, quantity as recommended by the generator set manufacturer __~ Isolators shall include seismic restraints if required by site location EXHAUST SILENCER: _~ Exhaust muffler shall be provided for each engine, size and type as recommended by the generator set manufacturer __~_ Mufflers shall be critical grade _.~._ Exhaust system shall be installed according to. the generator set manufacturer's recommendations and applicable codes and standards STARTING AND CONTROL BATTERIES: __~ Startingbattery bank, caicium/lead antimony type, 12 volt DC, sized as recommended by the generator set manufacturer, shall be supplied for each generator set with battery cables and connectors BAT .. _~RY- HAR -ER: ~ A UL listed/CSA certified 10 amp voltage regulated battery charger shall be provided for each engine-generator set Charger may be located in an automatic transfer switch, or may be wall mounted, at the discretion of the installer Input AC voltage and DC output voltage shall be as required Chargers shall be eqmpped with float, ~aper and equalize charge settings Operational monitors shall provide visual output along with individual form "C" contacts rated at 4 amps, 12~yAC, 30VDC for remote indication of: ~/~, Loss of AC power - red light ~Low battery voltage - red light High bat~ry voltage - red light Power ON - g~een light (no relay contact) Tiffs PAGE TO BE SUBMrI-rP.;D ALONG Wrrl-I PROPOSAL I~ ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 11 SPECIFICATIONS continued ...... ~ Analog DC voltmeter and ammeter, 12 hour equalize charge timer, AC and DC fuses shall also be provided on the charger GENERATOR SET MAIN CIRCUIT BREAKERS: X Set-mounted and wired ~//UL listed ~ Molded case type with electronic trip unit, rated at 100 amps and 200 amps, three pole, 600 volts ~ Submittals shall demonstrate that the circuit breakers provide proper protection for the alternator by a comparison of the trip characteristic of the breaker with the thermal damage characteristic of the alternator ~ Field circuit breakers shall not be acceptable for generator over-current pwtection OUTDOOR WEATHER-PROTECTIVE SOUND PROTECTIVE ATTENUATING HOUSING: ~, Generator set shall be provided with a factory-installed sound-attenuated housing which allows the generator set to operate at full rated load in the ambient conditions previously specified · . Enclosure shall reduce the sound level of the generator set while operating at full rated load to a maximum of 68 dBA at any location seven (7) meters from the generator set in a free field environment Housing configuration and materials used may be of any suitable design which meets application needs, except that acoustical materials used shall be oil and water resistant No foam materials shall be used unless they can be demonsl~ated to have the same durability and life as fiberglass X Enclosure shall include hinged doors for access to both sides of the engine and alternator, and the control equipment .____~/Key-locldng and padlockable door latches shall be provided for all doors ~Door hinges shall be stainless steel Enclosure shall be provided with an exhaust silencer which is mounted inside of the enclosure, and allows the generator set package to meet specified sound level ~/requirements Silencer and exhaust shall include a rain cap and rain shield 't'lil~ PAGE TO BE SUBMITTED ALONG Vvt't'lt PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 12 SPECIFICATIONS continued ...... All sheet metal shall be primed for corrosion protection and £mish painted with the manufacturer's standard color using a two-step electrocoating paint process, or equal meeting the performance requirements specified belOw All surfaces of all metal parts shall be primed and painted. The painting process shall result in a coating which meets the following requirements: Primer thickness, 0.5-2.0 mils· Top coat thickness, 0.8-1.2 mils Gloss, per ASTM D523-89, 80% plus or minus S%. Gloss retention after one year / shall exceed 50% ?'~ Crosshatch adhesion, per ASTM D33S9-93, 4B-SB ~ Impact res!stance, per ASTM D2794-93, 120-160 inch-pounds X Salt spray, per ASTM B117-90, 1000+ hours x.~ Humidity, per ASTM D2247-92, 1000+ hours ~ Water soak, per ASTM D2247-92, 1000+ hours Painting of hoses, clamps, wiring harnesses, and other non-metalhc service parts shall not be acceptable Fasteners used shall be corrosion resistant, and designed to minimize marring of the painted surface when removed for normal installation or service work SUB-BASE FUEL STORagE TANK AND TRAILER: __~ Provide a 7000 lbs. GVW tandem trailer with an adjustable lunette eye coupler, top wind SO00 tongue jack and sand shoe DOT wiring package DOT lighting package Electric brakes Cable storage box Single wall sub-base fuel storage tank with 130 gallons capacity Fuel level gauge Low level alarm THIS PAGE TO BE SUBI~lri-fED ALONG ~i'rii PROPOSAL LN ORDER FORBID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 13 SPECIFICATIONS continued ...... · Locking fitl cap, and-vent Tank shall be constructed of corrosion resistant steel Unit shall be equipped with a nema 3R emergency shutdown "panic switch" mounted on the exterior of the unit which will immediately shut the unit down upon actuation A 120/240 volt load center will be mounted inside the unit enclosure with separate breakers for the folloWing loads Load center will be powered by a 50-foot retractable cord reel, permanently installed within the unit enclosure · alternator space heater · engine coolant heater · battery charger POWER RECEPTACLES AND CABLESi Trailer mounted generator unit shall be equipped with power recei~taclc mounte~ on thc exterior of the unit as follows: · one Russel Stohl YRSA 2044 FR for 277/480 volts, three phase · one Rnssel Stohl JRSA 1044 FR for 120/240 volts, three phase Power switching must be accomplished such that only one receptacle has voltage present at any one time Two (2) 120 volt duplex GFI receptacles with watertight covers will be mounted on the exterior of thc enclosure ·. Receptacles will be protected by resettable 20 amp th~..al magentic circuit breakers and x be powered only when the main output is switched to 120/240 volts · Each unit shall be equipped with three (3) 50-foot long power cables . Cables shall be copper, type G portable 1/04 S$O cord rated for 600 volts Cables shall be equipped as follows: · one each female plug to mate with unit mounted receptacles · one each male plug to mate with City equipment. IPS2044FR-for 480 volt connections and YPS 1044FR for 240 connections All conductors shsl! be coded to National Electric Code standards with neutral conductor 100% rated -rH~t PAGE TO BE SUBMITTED ALONG WITIt PROPOSAL lin ORDER FORBID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 14 sPECIFICATIONS continued ...... Unit will be wired in-and phased to match existing City equipment Each unit will be supplied with a 5/8" x 5' copper ground rod and 15' of g4 bare copper ground cable cad welded to the ground rod and temdnated in a soldered l. ug securely fastened to the generator skid x,.~ A storage bracket will be provided for the ground rod THIS PAGE TO BE SUB1MI'I-I'£D ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 15 PURCHASE OF ONE (1~ NEW AND UNUSED 125KW PORTABLI~, GENERAT~R SI~T BID DATE: BID TIME: BID #: JANUARY 13, 2000 2:30 P.M. 02-2821-00/5P STATEMENT OF "NO BIDS" LISTING VENDOR COMPUTER SITE TECHNOLOGIES 262 S. MILITARY TRAIL DEERFIELD BEACH, FL 33442 ELECTRO-TEST, INC. 5911 COUNTRY LAKES DRIVE Fr. MYERS, FL 33905 ESS INTERNATIONAL 1996 NE 148TM TERRACE MIAMI, FL 33181 HYDRAULIC TECHNICIANS 3735 N'W 78m STREET MIAMI, FL 33147 KC ELECTRO MECHANICAL, INC. REASON OUR PRODUCT SCHEDULE WOULD NOT PERMIT US TO PERFORM WE DO NOT OFFER THIS PRODUCT OR AN EQUIVALENT WE DO NOT OFFER THIS PRODUCT OR AN EQUIVALENT SPECIFICATIONS TOO "TIGHT", I.E., GEARED TOWARD BRAND OR MANUFACTURER ONLY INSUFFICIENT TIME TO RESPOND 892 LANDSTREET ROAD ORLANDO, FL 32824 TAW POWER SYSTEMS 2059 BLOUNT ROAD POMPANO BEACH, FL 33069 WALKER MILLER EQUn~MENT COMPANY, INC. 4400 NORTH ORANGE BLOSSOM TRAIL ORLANDO, FL 32804 TO THE INVITATION TO BID WE DO NOT OFFER THIS PRODUCT OR AN EQUIVALENT AT THIS TIME ~ "NO BIDS" RECEIVED SPECIFICATIONS TOO "TIGHT", I.E., GEARED TOWARD BRAND OR MANUFACTURER ONLY SPECS FOR ONAN Requested City Commission Meeting Dates [] N~vember 21, 2000 [] DeCember 5, 2000 [] D ember 19,2000 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.nt) December 6, 2000 (5:00 p.rrr) December 20, 2000 (5:00 p.m.) Requested City Commission Meeting Dates [] January 16, 2001 [] February 6, 200l [] February 20, 2001 [] Mamh 6, 2001 V'CONSENT AGENDA ITEM 8,2 Date Final Form Must be Turned in to CRv Clerk's Office Janu .ayy 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.) NAT[ AGE1~ RE OF DA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Anuouncement [] Presentation RECCMMENDATION: Motion to award "TWO (2) YEAR CONTRACT FOR SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS & RESTORATION", Bid #015-2821- 01/Kl*2 to Line-Tee, Inc., for an estimated annual expenditure of $310.000. CON'] EXPL Both [ respm City o COUCln RACT PERIOD: FEBRUARY 15, 2001 TO FEBRUARY 14, 2003 ~NATION: On December 19, 2000, Procurement Services opened two proposals for the above mentioned bid. roposals were reviewed and it was determined that Line-Tee, Inc. of Boynton Beach, Florida is the lowest, most sire, responsible bidder who meets all specifications. Line-Tee,/ne. has satisfactorily performed work for the ' Boynton Beach, Broward County, Palm Beach County and other utilities. John Guidry, Director of Utilities, s with this award (see attached Memo #00-288). PROG~I IMPACT: The purpose of this bid is to provide a two (2) year contract for the supply and installation of water ~ervice connections related to the 2" galvanized water main replacement program to include taps; service connections; placement of meter boxes; valves; service lines and restoration; along with relocation of water services, meters~ and mains from rear easements to front yards at various locations within the City of Boynton Beach Utility's ~servic~ area. This bid is also used by the Parks Department to supply water for various irrigation needs. S:kBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC FISCAL IMPACT: CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ACCOUNT NAME/NUMBER ESTIMATED EXPENDITURE TOTAL Parks Improvement 001-2730-572-63.05 $ 5,000 Parks Landscaping 001-2730-572-63.10 $ 5,000 Renewal and ReplacementfUtiHties 405-5000-590-96.02 WTR054 $ 250,000 Utility General Reserve 403-5000-590-96.02 WTR054 $ 50,000 $ 310,000 ALTERNATIVES: Deputy Director of Financial Services Procurement Services Department Name · Ci~y'Manager's Signature City Attorney / Finance / Human Resources fktr cc: John Guidry, Utility Director John Wildner. Parks Director Bob Kenyon. Utilities Deputy Director Barb Cooboy, Administrative Coordinator File S :~BULLETIN~OILM S~A. GENDA ITEM REQUEST FORM.DOC MEMORANDUM Utilities #00-288 I ECEIVED TO: Bill Atkins, Procurement Services FROM: John A. Guidry, Utilities Director DATE: December 27, 2000 SUBJECT: Bid ~015-2821-01/KR - Two Year Contract for Supply and Installation of Water Service Connections and Restoration The water system has over 2,500 rear easemem water services and several hundred galvanized water service lines that need replacement and/or relocation. These projects are expected to continue for several years and are part of our attempt to improve water volume, increase fire protection, improve water quality and provide better access to water lines and meters. On December 19, 2000 we received two bids for unit pricing for this work. The bid from Line Tec is substantially tess expensive than the other bid, and is competitively priced. Line Tee is a local contractor that has satisfactorily performed work for the City of Boynton Beach, Broward County, Palm Beach County and other local Utilities. They utilize directional boring for most pipe installation and have a good performance record. Funding for this task is available from several sources dependent on the specific task assigned. The majomy of work will be charged to the Renewal and Replacement account #405-5000-590-96.02, WRT054, and Utility General Reserve account g403-5000-590- 96.02, WTR054. This bid will also be used by the Parks Department supplying water to various irrigation needs. Estimated Parks Department expenditures are $5,000.00 for Parks Improvement, account #001-2730-572-63~and $5000.00 for Parks Landscaping, 001-2730572-63.10. The cost to replace a "typical" 80-ft. domestic service is $470.00 and includes abandonment of the rear easement services. We estimate an annual expenditure of $310,000.00 for these needs. Please present this request to the Commission for their approval of this bid with Line Tee as the most responsive, responsible bid. This is a two-year contract for unit pricing for the supply and installation of water service connections and restoration including all items specified. xc: John Wildne[ Bob Kenyon~ Barb Conboy Dale Sugerman I-O zo 0 W w~' LLIo ~¢ o o o ~ o ~ e ·~ o~ 0 Z E E o ZZ O0 .~,~n >-GO --~W OW 0 O0 l:r'AylO-l~8~-~lo # p!tt o~ P!!t olmu~{IV Requested City Commission Meeting Dates [] November 21,2000 [] December 5, 2000 [] December I9, 2000 ] January 2, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date FinaI 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 V-CONSENT AGENDA ITEM C.1. Date Final Form Must be Turned in to Cit,/Clerk's Office Janua~ry 3, 2001 (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.) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Hearing [] Announcement [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation RECOMMENDATION: Motion to approve a Maintenance Agreement between the city of Boynton Beach and Quantum Community Development District. EXPLANATION: City staff and representatives fi.om Quantum Community Development District have negotiated an agree~a,ent related to the maintenance of Gateway Blvd. and High Ridge Road, which appears consistent with the motion adopted by the City Commission at the January 2, 2001, City Commission meeting. The high points of the agreement are: (1) the City pays 28.5% of the District's budget; (2) the c~ty pays D~strict $87,361.55 within five days of approval; (3) the term of the ag[cement is 20 years with an additional 20 year term. City can terminate at end of any fiscal year with six months notice; and (4) on terrrdnation the maintenance is the City's responsibility. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: DepartmenM~lead' s Signature City Attorney Department Name City Attorney / Finance / Human Resources SSBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC V-CONSENT AGENDA* ITEM C. 1. RESOLUTION NO. ROI- A-RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A MAINTENANCE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND QUANTUM COMA4UNITY DEVELOPMENT DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and Quantum Community Development District have negotiated a Maintenance Agreement setting forth the responsibilities of each party for the maintenance of Gateway Boulevard; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. Upon recommendation of staff, the City Commission of the City of Boynton Beach, Florida hereby authorizes the Mayor and City Clerk to enter into a Maintenance Agreement between the City of Boynton Beach and Quantum Commtmity Development District. Section 2. This Resolution shall take effect 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 Jan-T~-~l ~5:~Gpm From-COHEN NORRIS SCH~R£R ~]N~RC~R 66t64Z4104 T-978 ? 0~ F-01S MAINTENANCE AGREEMENT THIS MAINTENANCE AGREEMENT (the "Agreement") da~ed ~his day of January, 200! (the "Effective Date") by and between CITY OF BOYN'I~N 8]EACIt, FLORIDA, a Florida mtmicipal corporation, with offices located at 100 1~. Boynt,m Beach Boulevard, .Boynton Beach, Florida 33435, Cnereinafter referred to as the "(.'it.y"), and QUANTUM COMMUNITY DEVELOPM]gNT DISTRICT, a Florida Independent Special District, with offices located at 2~00 Qu~ntmn Lakes Drive, Suite 101, Bgynton Beach, Florida 33426, (hereinafter referred to as 'District"), provides as follows: WHEREAS, the District was created by the City of Boynton Beach, Florida, pursuant to the Uniform Community Development District Act of 1980 (thc "Act"), Chapter 190, Florida Statutes. as mended, as a communiw development district for the purposes of managing the acquisition, conswaction, maintenance and operation of a Planned Industrial Development also known as Quant'urn Corporate Park; and WHEREAS, thc Dislrict is providing mrvices and benefits of infrastructure wiLhout charge to, and for the benefit of, the Boynton Beach High School in Quantum Park. and such services and provisions arc a benefi~ to the Boynton Beach Community; and WHEREAS. Gateway Boulevard and High Ridge Road North of Gateway 8oulevard (hereafter all referred to as "Gateway") are public roads located within the District and are a benefit to all the residents of the City; and WHEREAS, the District has been providing the mainumance of Gateway; and WHEREAS, the City has agreed to take over responsibility for maintaining Gateway subject and pursuant to the terms and conditions as provided for herein; and wHEREAS, the City desires to have the DisUict perform the required mainu:nance services and to pay the District for such services as agreed to herein, and thc DistrJcl is willing to provide such services pursuant to the l~rms and conditions as provided for herein; and WHEREAS. the District has hecn providing these services sir~e September 1. 1999, and the parties also wish to provide for payment to cbc District for those services prior co the date hereof. NOW, THEREFORE, in consideration of ~ mutual covenants, undersl.a~dings and agreements contained herein, the City and Distric~ agree as follows: SECTION I RECITALS. The above recitals are deemed true and correct and arc iuco~porated into chis Agreement _a_nd made a part he.of. Jan-JO-01 O$:0$pm From-COHEN NORRIS SC~RER WEINBERGER $6164Z4JO4 T-978 P 03 F-Ol$ SECTION II DEsc~ON ~3F GATEWAY. The description of Gateway which is thc subject of chis Agr~ment is described in EXHIBIT "An attached hereto. SECTION III DISTRICT'S MAINTENANCE RESPONSTR1LITIES- The District's m~tinrenancc responsibilities are as follows: (A) The District shall provide those maintenance services to be provided for Gateway, including landscape, irrigation, drainage, and lighting ("ImprovementS") as described in EXHIBIT "I~" attached heseto (herein referred to as "Maintenance Services'). (B) The Maintenance Services shall be provided by the District in a competent and professional manner usin~ clual/fied and experienced employees or contractors, with such frequency as is necessary and reasonable under the circumstances in order to ensure that the Improvements are properly maintained and function in accordance with their intended purpose. In addition, since tbe Improvements w/Il require differen~ ~Fpes of maintenance, the m~du~nance intervals and the time periods within which main~ !~k~ muSt be performed by d~e District shah be flexible and adjusted periodically depending on the condition of each Improvemen~ and its maintenance needs. DISTRICT'S AND CITY'S RESPONSIBILITIES. (A) The City shah provide all such cooperation and assistance as may be reasonably required for Diswict to perform such M~inte~-ce Services. (B) The District shall provide a source of irri~ation water adequate to meet the needs of the landscaping within Gateway Boulevard. (C) The City shall pay the Disuic~ for ch~ services described herein compensation equal To 28.5% of the District's budget each year payable on a quarterly basis in arrc-ars within thirty (30) days of the last day of each quarter of the fiscal year. (D) Within five (5) days of the date hereof City shall pay District .$87,361.55 representing ~ha compensation to the Disu'ic~ for main~nance services which were performed from September l, 1999 through September 30, 2000. COMPLIANCE WITH GOVERNMENTAL REGULATIONS. The Maintenance Servic.~s to be provided by the District shah be camed out in compliance with all applicable governmenUd emffics' laws, permits, rcquircments, niles, acts, orders and/or regulations. -page 2- Jan-tO-Ol OS:OSpm ~ro~A-CO~N NORRIS SCHERER V~iN$£RGER 56184Z4T04 T-878 P CI4/15 F-OUq SECTION V REMEDIES UPON DISTRICT DEFAULT. The following remedies shall apply if thc District should default in carrying out the terms and conditions of rhi~ Agreement. (A) In the event the District should fail to comply with the terms of this Agreement, such failure shall be deemed a material breach of the Agr~ment, in which event, City shall provide District with 30 days advance notice, specifying the breach. (B) If the District, following receil~ of written notification of default from C dy should fail, refuse or neglect to furnish any one or more of the required Services within thirty (30) days from said notice, then in that event, City, at its sole discretion a~l without further notice, may elect m terminate this Agree'mem. (C) If the District fails m cure the breach, City may elect m take such legal or administrative action against the Disu-iet as City deems n~cessary in order to enforce the District's obligation; provided, however, prior m City's initiation of any such action, City must provide th/ny 00) day prior written notice m the District of the alleged default. The District, following the receipt of said notice, shall then have thirty 00) days from receipt of said notice m take appropriate and substantive remedial action to alleviate the alleged default. SECTION VI REMEDIES UPON CITY DEFAULT If the City fails to comply with this Agreement, then the District may dechre this Agreement in default unless such default is cured within 30 days after written notice thereof to City. Upon default, th~ District may terminate this Agreement and/or take such further actiom as provided by law, SECTION VII To the extent permitted by law, and without altering the District's immunity under Section 768.28, Florida Statutes, the District does hereby indenmify and hold City harmless of and from any and all loss or liability that City may mstain as may result from or arise out of the District's wrongful acts or omissions or failure to carry out its obligations under this Agreement, with said indemnification and hold harmless to include, but not be limited to: (a) direct costs and damages; and (b) any and all injuries and/or damages sustained by persons or damage to property, including such reasonable attorney fees and costs (including appellate or mediation) that may be incurred by City that relate thereto. Provided, however, it is understood and agreed that this Sectioll VIII does not indemnify City for loss, injury, damag,:s or costs which are tl~ result of ~ City's wrongful acts or omissions. -P~e3- Jan-tO-gl ~5:07m~ Frmr-COHEN NORRIS SCNERER ~INBERGER 5815424104 T-B?8 P 0~/1~ F-Ol$ INSURANCE. During ~he perfor~ancc of fl~e Services under this Agreement, the District shall maintain the insurance policies written by an insurance company authorized to do business in Florida as set out in EXH~IT "C' attached. SECTION VIII TERM OF TH,IS AGREEMENT. The term of this Agreement shall c. ommcnc¢ as of the da~eseof and shall remain in eff~:t tot a period of ~wenty (20) years (the "Iniuad Term") and shall renew automatically for twcr~ (20) year Additional Terms thereafter, unless terminated by either party in writing six (6) months prior to the expiration of the Initial Term or an Additional Term. In addition, the City way terminate this Agreemem at the cad of any fiscal year, upon six (6) months prior written notice. Upon the termination or expiration of this AgreemcnL u~ City shall thcreafter be responsible for performing and paying for thc Maimcnancc Scrviccs as described herein. SECTION IX MISCF-!.I.Z~NEOUS PROVISIONS. (A) Notices. All notices, requests, consents and other communications n~uired or permiUed under fl~ Agrc~menl shall be in writing (including telex, facsimile or E-Mail communication) and shall he (as elected by the person giving such notice) hand delivered by prepaid express overnight courier or messenger service, telecommunicated, or mailed (airmail, if international) by registered or certified mail (postag~ prcpaid), return receipt r~qucsted, to the following addresses: AS TO DISTRICT: QUANTUM COMMUNITY DEVELOPMENT DIS'rRICT 2$00 Quantum I._~k~ Drive #100 Boynton Beach, FL 3~426 AT'r: Chairman Telephone:($61) 740-2447 Facsimile:(~61) 740-2,1~9 AS TO THE CITY: CITY OF BOYNTON BEACH, FLORIDA 10~ East Boymon Beach Boulevard Boynton Beach, Florida 3343S ATT: City M~nager Telephone:($6D F~w~.ile: (~1) -Page 4-. Jan-10-Ol 9~:9T~m ~ro~n-COi.]EN Ndl~lS SCNE~£R WEINBERcER ~61il424(84 T-~l?B P 0~/15 F-018 If either paay changes its mailing address or designated recipient for notices, such change shall be communicated in. writing to thc other party within thirty (30) days of the change. (B) ~ This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof. (C) ~ All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, ami be enforceable by the parries and their respective legal representatives, successors and permitted assigns. (D) ~ This Agrecmem may not be assigned without the prior written consent of all parties to this Agreemem, provided such comem may not be m~reasonably withheld. (E) Severabilitv, If any part of this Agreement is contrary to, prohibited by or deemed invalid under applicable law or regulation, such pwvision shall be inapphcable and deemed omitted to the extent so contrary, prohibited or invalid, but the remaimlgr hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. (F) Governin~ Law and Venue. This Agreement and all ~ransactions conteraplated by this Agreement shall be governed by, consuued and enforced, in accordance with the laws of the State of Florida without regard to any contrasy conflicts of laws principle. Venue. of all proceedings in connection herewith shall be exclusively in Palm B~ach County, Florida, and each party hereby waives whatever their respective rights may have been in the selection of venue. (G) ~ Time is of tim essence with respect to this ^greement. (H) Headin. g~ The headings contained in this Agreement are for the convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. (I) ~ The failure of any party to insist on a strict performance of any of the terms and conditions hereof shall be d~ed a waiver of the rights of remedies that the parod may have regarding that specific instance only, and shall not be deemed a waiver of any subsequent breach or default in any terms and conditions- (J) ~ The parties acknowledge chat eac~ has shared equally in ~he drafting and conswa~ion of rhi~ Agreement and, accordingly, no Court cons,ruing this agreemem shall conslrue h more suictly against or~ party lhan the other, and every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning. -Page 5- Jan-IO-Oi OS:O?t~ ~r~-COXEN NORRIS SC~ERER ~INI~R~ER 56184Z4104 T-678 P 07/16 F-016 (K) ~arts. It is understood by all parties that this Agreement may be signed in counterparlS, each counterpart serving as an original and facsimile copies of this Agreement and any signatures thereon shall be considered for all puzposes as originals. (L) ~ This Agrcemam shall be effective as of the date that it is signed by all parties bereto. (lVl) Attorneys Fees. In the event a dispute should arise out of this Agreemem, the pames agre~ that the p~evailing party ill any sllch dispute shall be entitled To rec.over r,:asonablc attorney's fees and costs, including any such fees and coSts incurred at any trials or appellate levels. Signed, sealed and delivered in the presence of the following witnesses as to the CITY: CI'IY OF BOYNTON BEACH, FLORIDA a Florida monicipal corporation profit corporation BY: Title: Signed, sealed and delivered in the presence of the following witnesses as to the DISTRICT: QUANTUM COMMUNrrY DEVELOPMENT DISTRICT, a Florida Independent Special District BY: Title: -Page 6- STATE OF FLORIDA ) SS: COUNTY OF PALM BEACH ) ! hereby certify that the foregoing inm~ument was acknowledged before me this day of ,2000, by as City Manager of The City of Boynton Beach, Florida, a municipal corporation on behaIf of the municipality. He/She is personally known to me or has produced as identification and did (did not) take an oath. Sign: Notary Public Print: My commission expires: STATE OF FLORIDA ) SS: COUNTY OF PALM BEACH ) I hereby certify that the foregoing instrument was acknowledged before me this day of ,2000, by as President of Quantum Community Development District, a Florida Independent Special District. on behalf of the District. He/She is personally known to me or has prodnced as identification and did (did not) take an oath. Sign: Notary PubUc Print: My commission expires: f: ~wpclocs~lui\agr~mem\q~dd.mnt -@=KJe 7- Jan-lO-D1 05:08pm From-CO~N NORRIS SCHERER ~INBERGE~ 56184Z4104 T-BT8 PGR/16 EXHIBIT DESCRIPTION OF "GATEWAY" I. GATEWAY BOULEVARD Gateway Boulevard, f/k/a N.W. 22nd Avenue, as shown and laid out on the Plats of Quantum Park at Boyntan Beach, as follows: Quantum Park at Boynton Beach P.I.D, Plat No. 1 57 Quantum Park at Boynton Beach P.I.D. Plat No. 2 57 Quantum Park at Boyuton Beach P. LD. Plat No. 3 00 Quantum Park at Boynton Beach P.LD. Plat No. 4 57 Quantum Park at Boynton Beach P.I.D. Plat No. 5 57 Quantum Park at Boymon Beach P.I.D. Hat No. 6 57 Quantum Park at Boynton Beach P.I.D. Plat No. 8 57 Quantum Park at Boynton Beach P.I.D. Hat No. 9 60 182 and 18.X 184 and 18.'; 29, 30 and 31 186, 187, and 188 1S9 and 190 191, 192 and 193 196 and 19/ 32and 33 II. HIGH RIDGE ROAD NORTH OF GATEWAY BOULEVARD. All of Tract "C', as shown on the Plat, Quantum Park at Boynton Beach, P.LD. Plat No. $ as recorded in Plat Book 57, at pages 196 and 197, of the Public Records of Palm Beach County, Florida. -Page 8- Jan-lO-OT 06:09pm From"¢O~N NORRIS SCHE~I~ WEINBERGER 5818424104 T-876 ? H~/I~ F-OT~ EXHIBIT "B" MAINTENANCE SERVICES The Maintenance Services to be provided for the improvements shall, as applicable, be as follows: I. The provision of all utilities, including bm not limited to e .l~ctricity, water (either potable or reuse, as may be appropriate and authorized), sewer, telephone, trash collection, trash disposal, and gas to the extent required to be used, expended m' available for the proper operation and maintenance of an improvement. 2. The provision of fertilizer, mulch, edging, hedging, mowing, trimming, thinning, weeding and pesticide treatment services as may be necessary and appropriate for landscape improvements, including but not limited to trees, shrubs and ground rover, together with their replacement with comparable and suitable landscaping if diseased, dying or dead. 3. The provision of maintenance, repair and/or replacement services for landscape irrigation system components, including but not limited to sprinkler heads, wiring and controllers, piping, valves and reuse water signage, all of which shall be done in accordance with specifications tn he provided to District for approval at the time of the City's initiation of Maintenance Services for same. 4. The provision of cleaning and painting s~vices for Entry Features, monuments and related special signs, incltulin~ traffic signs where applicable. S. The provision of maintenance, repair and/or replacement services to accent lighting fixtores, including bulbs. 6. The provision of all personnel and equipment necessary in order to provide the above described Maintenance Services. 7. We~l*nd maintenance and monitoring, if applicable. 8. See attached supplemental requirements and specifications, if any. -Page Jan-lC-01 05:88pm From-CO~N NORRIS SCI'iE~ER WEINBER~ER $6184Z4184 T-878 PI1/15 F-OI6 GENERAL REQUIREMENTS AND SPECIFICATIONS LANDSCAPE MAINTENANCE PROGRAM SCOPE I. OF WORK: ~. All grass and ground cover, in unmulched beds shall be mowed as often as nec_es,*~y to maint_~in fl maximum height of four (4) inches. 2. Mulching. Mulch chips, single chip size, free of weed s~eds and other deleterious materials and suitable for top dressing shall be used as required to maintain beds at a minimum depth of three (3) inches. Mulch shall not be shreds. 3. Pruning. Plans, awkward in shape, diseased, insect infested or which have ~ead parts or may cause a safety hazard shall be pruned on an as-needed ba~, as scheduled for the District. 4. Tn~n-t and Disease Control. AH insect and dL~ase problems will be diagnosed ~y a qualified horticulturist and effectively treated. $. Weed Control. Weeds in all plant beds shall be controlled either mechanically, chemicafly or by a combination of both. 6. Wetl-:-d Maintenance. Provide all maintenance and monitoring of aH applicable wetland areas including, but not limited to all submerged areas, all drainage ditches and/or surface water ponds, and sand pine preserve or other preserve areas as required to comply with aH applicable governmental regulations relative to the same. SPECIFICATIONS AND MINIM~/I STANDARDS: Insect. ~ and Weed Control: I. The District or its Contractor shall use only pesticides and herbicides approved by governmental regulatory agencies. All chemicals must be used according to label instructions. The District or its Contractor will be liable for any penalty, f'me or damages resulting from the misuse of any chemicalg~ The District or its Contractor shall provide at least one certified commerc~ul applicator for the Work (Chapter 10D-.~4 and Chapter 10D-~5 Florida Administrative Code pursuant to chapter 482 of the Florida Statutes) in the Lawn and Ornamental category. -Page 10- Jaf~-~O-Oi C~:DRpm From-COHEN NORRIS SCHERER HEINBERGER 55184Z4104 3. The District or its Contractor will select the most effective and environmentally safe herbicides and application techniques available. District reserves the right to approve of the herbicides and application techniques. 4. Application shall be performed in such a manner as to protect non-target areas and the public. ~5. The District or its Contractor shall use due care to avoid damage to adjacent tawnS, golf courses and upland plantings and be sol. ely responsible for any damage incurred while performing work. 6. The District or its Contractor will use application techniques that will miniraize drift onto non-target vegetation. -Page 11- Jan-lO-01 OS:Qgpm ;rom-COHEN NORRIS $CH[~ ~INBERGE~ MINIMUM IRRIGATION SYSTEM REO~NTS Sprinkler System Inspection - District shall: (A) Operate and inspect the sprinkler system once a month and promptly correct any damage, malfunction or other problents. (B) Calibrate the sprinkler system during the same time the system is normally run, so that water preSsm'es are similar. (C) Set time clocks on automatic sprinkler systems or time manual systems for applying the proper amount of water. (D) Avoid mixing sprinkler head types. Mist heads apply more w*.tter than impact heads. Match sprinkler heads for uniform coverage. (E) Check the sprinkler system frequently. Replace broken sprinkl~ heads, clear clogged nozzles and adjust the directions of spray. -Page Jafl-H)-O1 O):O9;m From-COHEN NOi~RIg ~;C~E~ ~INBEI)GER $6)84Z4104 T-675 P 14/15 F-Ol$ ExItlBIT "C" ll~SURANCE REQU31~MENTS Below is shown the MINIMUM acceptable insurance to be carried under this Agreement: I. Commercial General Liability Bodily Injury Limit: $1,000,000 Each Occurrence $1,000,000 Annual Aggregate Property Dmage Limit: $1,000,000 Each Occurrence * $1,000,000 Annual Aggregate * or a Combined Single Limit of Bodily Injury and Property Damage: $1,000,000 Each Occurrence * $1,000,000 Annual Aggregate * (C) The Commercial General Liability shall include Contractual Liability. * (not no less than twice the amount of sovereign immunity as the same may change from time to time.) H. Camprehensive Automobile T-iability: (A) Bodily Injury Limit: $ 500,000 Each Person $1,000,000 Each Occurrence Property D~mage Limit: $S00,0~0 Each Person or a Combined Sit~le Limit of Bodily Injury and Property Damage: $1,000,000 Each Person * $1,000,000 Each Occurrence * * (not no less than twice the amoum of sovereign immunity as the ~ame may change from time to time.) -Page 13- Jan-lO-01 05:0Bm~ From-COHEN NORRIS SCHERER WEINBERGER 561B4Z4104 T-BTB P IH. Workers Compensation Statutory Limits and $100,000 $500,000 EmplOyerS Liability $100,000 Each Accident Disease-PoUcy Linfit Disease-Each Employee IV. Umbrella Excess Liability Insurance: (A) $1,000,000 Each Occurrence * $1,000,000 Annual Aggregate * (B) The aforementioned umbrella coverage shall be no more restrictive than coverage required for the underlying policies. * (but no less than twice the amount of sovereign immunity as the same may change from time to time.) V. Notice of Cancellation: The Insurance afforded above may not be terminated or reduced tmh~s thirty (30) days prior written notice of such termination or reduction is m~iled to thc District (unless terminated for non-payment, in which event ten (10) days notice is requited). VL Insurance Certificate: The City and the Quantum Park Property Owners Association, Inc. shall be listed as an additional insured for the above Commercial and Umbrella Liability hts'urance coverage and a certificate of insurance reflecting same shall be delivered to the City, which certificate of insurance shall be updated on a continuing basis throughout the Term of this Agreement. -Page 14- t~equested City Commission ' Meefin~ Dates [] November 21, 2000 [] December 5, 2000 [] December 19, 2000 [] muary 2, 2001 NATURE OF AGE VDA ITEM V'CONSENT AGENDA ITEM C.2. CITY OF BOYNTON BEACI 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.~) Requested City Commission Meetin~ Dates [] January I~, 2001 [] Februa~ 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, 200t (5:00 p.m.) February 7, 2001 (5:00 p.rm) February 21, 2001 (5:00 p.m.) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Approve Medical Director's contract modifications EXPI~ANATION: In the latest contract for Medical Director, Dr. Scheppke was given the option of incorporating his reim~urseable travel and training funds ($1200.00/year) into his monthly salary. Dr. Scheppke has requested this option. PROGRAM IMPACT: All travel and training expenses incurred by Dr. Seheppke will now be his responsibility, paid for o~ t of his own funds. There will be no reimbursements. FISC ~L IMPACT: Budgeted amount will remain the same ($21,000) ',RNATIVES: None, the con, ct (AppendixB section VI) allows th~icalDirector this option. Department Head s Signature ' City Manager's Signature Department Name ~ City Attorney //~m~n'~e / Hhman Resources Fire Rescue Department S:kBUL[ETIN~FORMSkAGENDA ITEM KEQUEST FORM.DOC Fire Department Memorandum 01-004 To: Sue Kruse From: Deputy chiefj. Nesm~ Date: January 8, 2001 Re: Amendment to Dr. Scheppke's Contract On December 5th the City Commission approved Resolution Number R00-169 which approved Dr. Kenneth Scheppke as the department's Medical Director for the calendar year 2001. Following that approval, Dr. Scheppke requested a modification of his contract. Previously $I00.00 per month was set aside for seminars, conferences and travel expenses, subject to reimbursement for a total of $1200.00 per year. Section VI of appendix B of his contract provides the option of taking that $1200.00 and including it into his monthly sala~ ($100.00/month). This provision would require Dr. Scheppke to be responsible for his own expenses for travel and training. I am requesting that a resolution modifying his contract be included on the next commission agenda. This modification will comply with Dr. Scheppke's request for inclusion of these training funds into his salad. Attachment VI. IX. If this insurance pt~licy provides coverage on a premium of this policy for a coverage period ending not less than four (4) years following termination of employment of the Medical Director. the prox;isions of this paragraph shall survive termination of this Agreement, regardless of whether termination is oy the Medical Director or by the City, or by expiration of the term of this Agreement, until four (4) years after termination. In addition; the City shall reimburse the Medical Director for registration fees. travel, hotel and meals to permit the Medical Director or the Deputy Medical Director to attend professional conferences pertaining to Emergency Medical Services in each fiscal year; provided however, such expenses to the City shall not exceed twelve hundred dollars ($1,200.00) in any fiscal year; and provided further that such funds are provided for in the annual budget of the City in any fiscal year during the term of this Agreement. Approval of any such professional conferences shall be at the sole discretion of the Fire Chief, and city travel policy guidelines shall apply to individual and specific expense categories. The Medical Director at his/her sole discretion, may elect to have these funds incorporated into his/her basic fee for servme and in such case, the preceding conditions of Section VI shall not apply. Appropriate communications equipment such as a portable radio, digital pager, cell phone, etc., may be provided to the Medical Director, if applicable, by the city. The Medical Director shall be directly responsible to the Chief of the Fire and Emergency Medical Services Department of the City. The Fire and Emergency Medical Services Department will provide limited and department related administrative and secretarial support to the Medical Director through the Office of the Fire Chief. The Fire and Emergency Medical Services Department, through the Office of the Fire Chief and the Parks and Recreation Department, shall cooperate to the greatest possible extent in the delivery of competent emergency medical care, including implementation of the policies established by the Medical Director and approved by the Fire Chief. In consideration of the requirements and standards enumerated herein, I propose to perform these functions and duties for a fee of~. I am able to assume these responsibilities. V-CONSENT AGENDA TTEt4 C.2. RESOLUTION R 01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE EMERGENCY MEDICAL SERVICE DIRECTOR CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND KENNETH A. SCHEPPKE, M.D; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, although this matter was approved by the City Commission at the December 5, 2000 Commission meeting, there have been minor modifications made to the Agreement; and WItEREAS., this modified agreement is now brought before you for ratification; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACI-I, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby ratify the Emergency Medical Service Director Contract between the City of Boynton Beach and Kenneth A. Scheppke, M.D., a copy of said Con~ract being attached hereto as Exhibit "A". Section 2. This Resolution will 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 EMERGENCY MEDicAL ~ER~iCE DIRECTOR CONTRACT THIS CONTRACT, entered into on ,2000, between the CITY (DF BOyNTON BEACH, FIodda (hereinafter "CITY") and Kenneth A. Scheppke, M.D. (ihereinafter "MEDICAL DIRECTOR") for Emergency Medical Services Director, is entered ihto subject to the followin9 terms and conditions: The City of Boynton Beach and Kenneth A. Scheppke, M.D. he~'eby agree that the terms of this Contract provide an outline of the working relationships and responsibilities Of the CITY and the Medical Director for the City's Emergency Medical Services Program (EMS), which is a part of the CITY's Municipal Fire Department. The items in this Contract ih the following Sections are aimed at identifying the MEDICAL DIRECTOR's general relationship with the CITY, his responsibility for supervising the direct medical, related alctivities of the EMS program, and the MEDICAL DIRECTOR's responsibility for local trTaining and certification of the Paramedics. The Contract further supports the principle tl~at the MEDICAL DIREOTO. R will receive support from the Fire Department Admin~ stration and will direct his .requests for equipment and equipment assignments; reanpower and manpower assIgnments; and supplies of the Fire Department Administration and recognizes that assignments to the Paramedic Program will be made by the Fire Chief in accordance with the overall resources and needs of the Fire Diepartment. The CITY hereby contracts with the MEDICAL DIRECTOR and the MEDICAL DIRECTOR accepts this contract as MEDICAL DIRECTOR for the CITY OF BOYNTON BEACH Emergency Medical Services Program under the provisions of Section 401.46, Flodda Statutes; and the applicable rules of any governmental agency implementing said Chapter or other established duties required to be performed by said MEDICAL DIRECTOR, or upon notice from the CITY that such additional duties have been established by the Flodda Department of Health and Rehabilitative Services. It is recognized that the MEDICAL DIRECTOR's contract with the CITY preserves MEDICAL DIRECTOR's dght to practice as an independent physician at all times, The MEDICAL DIRECTOR shall accept responsibility for the medical performance of the Emergency Medical Technicians, Paramedics and certified Emergency Medical Dispatchers employed by the CITY and serving in the Emergency Medical Services Program of the City Fire Department, herein referred to as EMS. The Medical Director shall ,be responsible directly to the City Manager, however, nothing herein shall in any way authorize any limitations or restrictions by the City Manager on the professional acts or advice of the Medical Director. The Fire Chief, through the Department staff and operation procedure, will establish Department policy for equipment and equipment assignment, and for supply purchase and use. The MEDICAL DIRECTOR, in conjunction with the Fire Chief, shall establish dispatch procedures and priorities. The Fire Chief will establish Department policy for manpower assignment in conjunction with recommendations made by the MEDICAL DIRECTOR. The MEDrCAL DIRECTOR shall perform all services required pursuant to Chao[er 401. Florida Statutes; Section 401.46 Florida Statutes; Chapter 64E-2. Florida Administrative Code: duties and regulations promulgated by the Flora Deoartment of Health and Rehabilitative Services: and all present rules and regulations of any governmental agencies implementing said Chapter or other established duties required to be performed by said MEDICAL DIRECTOR. The MEDICAL DIRECTOR shall serve as the Fire Department's physician for purposes of advising the Fire Chief on matters pertaining to occupational safety and health. MEDICAL DIRECTOR shall serve as the Medical Director for the City's Life Guards, who may be certified as Emergency Medical Technicians. The MEDICAL DIRECTOR agrees to both directly and indirectly supervise and accept responsibility for the medical performance of Emergency Medical Technicians, Certified Emergency Medical Dispatchers, and Paramedics functioning for the EMS and shall have full authority to direct and supervise the medical activities ~n the field, in training and for certifications. Such su pervision shall be accomplished by, but not limited to: A. Actual accompaniment of Paramedics and EMTs on rescue calls.. B. Monitoring of radio transmissions to and from hospital emergency departments and related facilities. C. Review of incident reports and associated documentation, and D. Conference and/or meeting in both individual and group situations. E. Review of standard operating procedures and protocols involving multi- agency responses to medical emergencies. These duties will be performed periodically by the MEDICAL DIRECTOR at his/her convenience as often as is necessary to insure that proper medical standards and procedures are being followed. Cost for supplying necessary in-service instruction matedal will be assumed by the CITY and the material will become the property of the CITY. Further the EMS Coordinator shall be the MEDICAL DIRECTOR's agent for purpose of quality assurance pursuant to FIodda State Statute. The MEDICAL DIRECTOR shall have the services of the Departmental training program, facility and staff to assist in carrying out training requirements for the EMS. MEDICAL DIRECTOR shall participate in daily in-service training scheduled by the Fire Department. The MEDICAL DIRECTOR shall be eligible as a member as defined under SectiOn IV. Members of the Agreement between the City of Boynton Beach and Florida Municipal Liability Self-Insurance Program. Coverage Under this agreement shall be limited to the scope of duties as MEDICAL DIRECTOR for the City of Boynton Beach Fire Department as outlined in Flodda Statute, Section 401.46 and Flodda Administrative Code, Chapter 64E-2, as set forth in Exhibit "A" to this Agreement. MEDICAL DIRECTOR shall provide the Fire Chief with written reports as required by Fire Chief regarding efficiency, effectiveness, and general performance of the CITY's Emergency Medical Services System. 10. The provi.der shall indemnify and save harmless the MEDICAL DIRECTOR from any and all liability for acts or omissions committed by the MEDICAL DIRECTOR while acting in the capacity as Medical Director of the Boynton Beach :ire Department, but said indemnification shall be to the extent only of any amount due and owing from MEDICAL DIRECTOR which exceed ap¢licable ~nsurance coverages maintained either by MEDICAL DIRECTOR or by the CITY on behalf of MEDICAL DIRECTOR. The provider shall indemnif~ and save harmless the MEDICAL DIRECTOR from any and all liability incurred as a result of acts or omission of employees of the City of Boynton Beach Fire Department. 11. The CITY will pay the MEDICAL DIRECTOR the sum of Twenty-One Thousand Dollars $21,000 per year (with the monthly rate being Seventeen hundred and Fifty Dollars ($1,750.00) dollars per month for twelve (12) months, payable at the end of each month for services outlined in this contract, 12. The CITY will provide portable radio communications and an Alpha Numedc or Digital Pager for the use of the MEDICAL DIRECTOR. 13. In matters of employee relations and concern, the MEDICAL DIRECTOR, under the terms of this contract is considered to be a member of the administration and supervtsory division of the Fire Department and will be expected to aid the Fire Chief as the Fire Chief cardes out grievance procedures, discipline, interviewing paramedics, paramedic school assignments, and union contract administrative requirements. The MEDICAL DIRECTOR will be expected to report to the Fire Chief the cimumstances relating to any employee decisions for the Emergency Medical Services System such as discipline, de-certification or promotion in which the MEDICAL DIRECTOR is involved. The MEDICAL DIRECTOR agrees to participate as required at personnel hearing boards such as the Civil Service Board, grievance procedures of the union contract, etc. as a part of his Depacu-nent administrative responsibilities of the Department without additional compensation. The MEDICAL DIRECTOR agrees to participate in the oral interview and skills test administered to all new firefighter applicants who have a paramedic certificate prior to their employment. MEDICAL DIRECTOR retains the right to prevent the hiring of any such individual for the purpose of employment as a paramedic if he or she does not perform satisfactorily during the interview and/or skills test. The content of the skills test will be in accordance with current standardized criteda set up by the Amedcan Heart Association and American College of Emergency Physicians. 14. 15. 16, 17. 18. The MEDICAL DIRECTOR agrees that anytime a firefighter err ployed by the City of Boynton Beach wants [o attend paramedic classes for purposes of becoming a licensed paramedic they must have written approval by [he M~DICAL DIRECTOR prior to attending and/or enrolling in such classes. From lime to time the MEDICAL DIRECTOR will be expected to attend Department administrative staff meetings so that he can"g~ve input to the administrative staff on the needs and status of the EMS Program and so that he can become involved in and informed of Departmental Standard Operating Procedures relating to: A. Response procedures B. Equipment and personnel allocations C. Department priorities D. Departmental procedures for handling emergencies E. Working with other departments F. Emergency medical dispatching G, Infectious disease procedures Any staffing changes that result in modifying the Department's currant EMS response protocols must be cleared through the MEDICAL DIRECTOR. Either party to this contract may, upon giving thirty (30) days wdtten notice to the other party, may terminate this contract for any reason whatsoever, and after the effective date of such notice all parties will be relieved of any further obligations under this contrect. The MEDICAL DIRECTOR will assure the continuous availability of at least one qualified physician as Director who shall serve as Acting Medical Director in the absence of the MEDICAL DIRECTOR. In addition, the MEDICAL DIRECTOR will notify the Boynton Beach Fire Rescue Department whenever he/she will be unavailable for whatever reason, and will attempt to provide twenty-four (24) hour prior notification of such unavailability except under emergency cimumstances. The notification shall be given to the Office of the Fire Chief, and shall include the name and telephone numbers of the Acting Medical Director. Upon request, the MEDICAL DIRECTOR will advise the Department on appropriate procedures to address incidents in which' an employee of the Fire Department has been or may have been exposed to infectious diseases or hazardous materials. 19. 20. MEDICAL DIRECTOR hereby agrees to perform those duties set forth in Exhibit "A" and in the ,~pecifications (as set forth in the RFP) for the position set forth in Exhibit "B." Exhibit "A' and "B" are attached hereto and incorporated herein. The term of this agreement shall be for twelve (12) months effective January 1 ,' 2001, through December 31, 2001. IN WITNESS WHEREOF the parties hereto have caused these presents to, be signed by their duly authorized officers and by the MEDICAL DIRECTOR on th s .'.'T */, d ;y of ,20o0. ~NITNESS: CITY OF BOYNTON BEACh, FLORIDA M J/ PRINT NAME Aii EST: Cit ~Cle~ ' = EXHIBIT "A" Be responsible for advising the ALS provider as to b. is assessment of the competence of each of the provider's paramedics and for making recommendations regarding the medical procedures which each paramedic should be authorized to perform. Such assessment should be made by utilizing reasonable evaluative processes and techniques and should include at least assessment of each paramedic's ability to: Appropriately evaluate emergency medical patients and determine proper priorities for emergency medical Care; Communicate the findings of such evaluation to a physician who has agreed, in writing, to provide responsible supervision of that paramedic; Receive and understand proper orders from a physician providing direct supervision of the paramedic; Understand and properly apply any standing orders authorized by the Medical Director; Understand legal relationship between the paramedic, Medical Director, physician(s) under agreement to provide responsible supervision of the paramedic and any other physician; Insure that any ALS perfon-ned by the paramedic i~ done with responsible physician supervision; and Perform the specific medical procedure(s) which the paramedic is specificallY authorized by the Medical Director and by the ALS provider to perform. Continually evaluate the medical capability of the paramedics and the ALS provider and advise the ALS provider regarding the appropriate level and standard of care which the ALS provider should seek to achieve. Assist in identifying the specific medical skills and knowledge which paramedics must possess to achieve the desired level and standard of care. Assist in identifying the training and experience necessary for the paramedics to acquire the desired skills and knowledge and, in cooperation with approved educational programs, in assuring that each paramedic receives such train/ng and experience as required. Develop and implement an appropriate process for periodic audit and review of medical procedures performed by paramedics. Such audit and re~iew process must comply with such standards and requirements as may be set ~forth by the Department from time to time. 7~ 8.1 Develop and authorize or review and authorize for use standing riders which allow the paramedics to properl5~ manage certain medical emergencies when voice communications with the responsible physician ,s not available. Such standing orders must be specified and must at least provide for managing immediately life threatening emergencies though they are not required to be sb comprehensive as to include all possible medical emergencies. Be responsible for the medical correctness of any standing order which he authorizes for use by the paramedics and for properly instructing the paramedics regarding the cdrrect use of standing orders. Assist the ALS provider in assuring continuous availability of at least one responsible physician. Determine the qualifications necessary for a physmian to provide responsible supervision of the paramedics. Retain the ultimate authority to permit and/or prohibit any system paramedic to utilize ALS techniques. (Specific authority 401.35, 381.031(1)(g), 20.05(5) FS. Law implemented 401.46, 401.47 FS. History New 9-10-78). EXHIBIT "B" SPECIFICATIONS FOR MEDICAL DIRECTOR TO OVERSEE TIlE EMERGENCY MEDIC2A.L SERVICES AS PROVIDED BY FIRE RESCUE/EMTS, PARAMEDICS AND LIFEGUARDS Scope of ServiCes The City of Boynton Beach is seeking to employ a Medical Director to oversee the Emergency Medical Services as provided by Fire Rescue, Paramedics and Lifeguards, as well'as other depa~Uaental administrative purposes and functions. The Medical Director will be an independent contractor supervising and accepting responsibility for the medical performance of Emergency Medical Teqhnicians (EMTs), Paramedics, and first responders/Lifeguards, functioning in the Fire and Emergency Medical Services Department and the Parks and Recreation Department under applicable provisions of Florida Statutes. I. Related Responsibilities The Medical Director serves as the Fire Department's physician for the purposes of advising the Fire Chief on matters pertaining ~o occupational safety and health. The Medical Director serves as the Medical Director for the City's Lifeguards, Who may be certified as Emergency Medical Technicians. The Medical Director agrees to both directly and indirectly supervise and accept responsibility for the medical performance of Emergency Medical Technicians and Paramedics functioning in the Fire and Emergency Medical Services Department and the Parks and Recreation Department. Such supervision shall be accomplished by, though not limited to: D. Actual accompaniment of Paramedics and EMTs on rescue calls; go Monitoring of radio transmissions to and from hospital emergency depa~t,iients and related facilities; F. Review of rescue incident reports and associated documentation; G. Conference and/or meetings in both individual and group situations; Review of Standard Operating Procedures and Protocols involving multi-agency responses to medical emergencies; Active participation in dally in-service training scheduled by the Fire Department. These duties ,,rill be pertbrmed periodically by the Medical Director at his/her convenience and as ORen as is necessary, to insure that proper medical standards and procedures are being followed The Medical Director shall provide the Fire Chief w'ith written repons as required by the Fire Chief regarding efficiency and effectiveness and general performance of the City's Emergency Medical Services System. ' The Medical Director shall perform all services required of hun pursuant to Chapter 401, Florida Statutes, and the applicable rules of any governmental agency implementing said Chapter or other established duties required to be performed by said Medical Director, or upon promulgation of additional duties established by the Florida Depamnent of Health. III. The Medical Director shall gave necessary instructions to the City's Emergency Medical Technicians CEMTs), Paramedics and Lifeguards. The Medical DirecTor will also supendse and arrange such in-service instructional sessions, and promulgate such rules and directives, as may be necessary to assure that all medical services performed by EMTs, Paramedics and Lifeguards are in accordance with proper medical standards and procedures. In addition, the Medical Director shall participate in general Paramedic staffmeetings at a time and date mutually agreeable with the Medical Director and the Fire and Emergency Medical Services Department; provide sufficient didactic lecture and imtmction to insure that standards of emergency medical care are maintained, review and comment on content and emphasis on in- service training and testing procedures; and shall initiate a review of all pre-hospital emergency medical service protocols and levels of personnel and equipment response at least every six months to determine their applicability and appropriateness with respect to currently aecspted emergency procedures. Recommended revisions of said protocols or response procedures shall be furnished to the Fire Chief. IV! Services and responsibilities: A. The Medical Director will assure the continuous availability of a least one qualified physician as outlined in Section 1, who shall serve as Acting Medical Director in the absence of the Medical Director. In addition, the Medical Director will notify the Boynton Beach Fire and Emergency Medical Services Depa,tment whenever he/she will be unavailable for whatever reason, and will attempt to provide 24 hour prior notification of such unavailability except under emergency circumstances. The notification shall be given to the office of the Fire Chief, and shall include the name and telephone numbers of the Acting Medical Director. B. The Medical Director will provide liaison services as required and requested between the Fire and Emergency Medical Services Department of the City and other departments, divisions, boards and bodies of the City, County and the State of Florida, as well as educational, institutions, medical societies and other agencies or institutions relating to the provision of Emergency Medical Services. The Medical.Director will retain u[timate authority [o permit or deny any Paramedic or EM'T the utilization or advanced life support techniques, basic lite support, patient assessment, or patient stabilization procedures. Upon request, the Medical Director shall advise the Fire Chief or the Director of' Parks and Recreation. if appropriate, on disciplinary recommendations related to medical care. The M~dical Director shall administer a protocol examination and~'or practical test as he/she sees fit to determine the competence of all Emergency Medic. al Services personnel covered by this agreement, go Upon request, the Medical Director will participate in the design and structure of selection procedures for entry level personnel for the City of Boynton Beack. Upon request, the Medical Director will consult with the Fire Chief regarding promotional testing criteria for incumbent personnel. Upon request, the Medical Director will advise the deparmaent on appropriate precedures to address incident~ in which an employee of the Fire and Emergency Sen, ices Department or the Parks and Recreation Depathuent's Life Guard unit, has been, or may have been, exposed to infectious diseases or hazardous materials. Upon request, the Medical Director will maintain data regarding the status of employees who have been, or may have been, exposed to the infectious diseases or hazardous materials. go Upon request, the Medical Director will provide oversight and instruction to assist in the preparation of personnel in the Fire and Emergency Service Depa~ta,ent in professional competitions which may be selected by the Dep~tment. At his/her election, the Medical Director may utilize the services of a Licensed Physicmn Assistant who shall be designated as a Deputy Medical Director to facilitate the delivery of the services enumerated in the Medical Director's contract. However, responsibility for the efficient delivery of these services shall remain with the physician selected as the Medical Director and no increase in the annual fee shall occur based on this election. K. The Medical Director will oversee and provide insmaction during depa~ent scheduled in-service training, for a minimum of 6 hours per month. Consideration of the City of Boynton Beach Because the Medical Director may be subject to the risk of certain liabilities by entering into this agreement, the City will obtain and pay the annual premium on a medical malpractice insurance policy insuring the Medical Director against liability arising out of negligent acts or omissions of the Medical Director in the performance of his duties as Medical Director during the term o ~:this Agreement VI. If t}us insurance policy provides coverage on a premium of this policy tbr a coverage period ending not less than four (4) years following termination of employment of the Medical Director, the provisions of this paragraph shall survive termination of this Agreement. regardless of whether termination is by the Medical Director or by the City, or by expiration of the term of this Agreement, until four (4) years after termination. Appropriate communications equipment such as a portable radio, digital pager, cell phone, etc., may be provided to the Medical Director, if applicable, by the city. The Medical Director shall be directly responsible to the Chief of the Fire and Emergency Medical Services Department of the City. The Fire and Emergency Medical Services Department will provide limited and deparmaent related administrative and secretarial support to the Medical Director through the Office of the Fire Chief. The Fire and Emergency Medical Services Department, through the Office of the Fire Chief and the Parks and Recreation Department, shall cooperate to the greatest possible extent m the delivery of competent emergency medical care, inehiding implementation of the policies established by the Medical Director and approved by the Fire Cltief. In consideration of the requirements and standards enfimerated herein, I propose to perform these functions and duties for a fee of 755.L2~,~9_p3I.~. I am able to assume these responsibilities. Request for Qualification Requirements X. Standards to be met by the Medical Director A. The Medical Director shall be a Florida State licensed physician; and Is an ACLS (Advanced Cardiac Life Support) provider with instructor certificanon, and is an ACLS affiliate faculty member of the American Heart Association; or Is a Board-Certified Emergency Physician, or is currently employed as an Emergency Department Physician in the State of Florida, or who has previously been a~ Emergency Depa.tment Physician in the State of Florida within the past (5) five years; Maintains official privileges and affliation with one or more of the following medical facilities: Bethesda Memorial or John F. Kennedy Hospital. Signature 12 ATTACH COPIES OF ALL REQUIRED LICENSES, CERTIFICATIONS DOCUMENTATION OF PRIVILEGES AND AFFILIATIONS, A CURRICULUIVI VITAE, ALONG WItH OTHER CREDENTIALS OR INFORMATION YOU WISH TO HAVE CONSIDERED BY THE CITY AS PART OF THIS REQUEST FOR QUALIFICATIONS/SERVICES. IN ADDITION, ALL CI.RtRBNT AND ANTICIPATED CONTRACTUAL AGREEMENTS NAMING TI-{B PHYSICIAN AS MEDICAL DIRECTOR FOR ANY OTI--IER GOVERNMENTAL AGENCY, BODY, INSTITUTION OR PRIVATE OR PUBLIC SERVICE SHALL BE IDENTIFIED AT THE TIME OF SUBMISSION OF THIS RBQUEST FOR QUALIFICATION/SERVICES. 12 R~quested City Comannission Meetine Dates [] November 21,2000 [] December 5, 2000 ] December 19, 2000 [] January 2, 2001 V-CONSENT AGENDA ITEM C.3. .CITY OF BOYNTON BEA AGENDA ITEM REQUEST F' Jtcw 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.m0 December 20, 2000 (5:00 p.rrr) Requested City Commission Meeting Date! [] January 16, 2001 [] February 6, 2001 [] February 20, 2001 [] March 6, 2001 Date Final Form Must be Turaed in to City Cl~rk's Office Janua.~ 3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 2I, 2001 (5:00 p.m.) ! [] Admin/strative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] A~mouncement [] Presentation RECOMMENDATION: Approve a motion authorizing the Mayor and the City Clerk to execute two agreements and mutual ireleases (Agreement for Security and Work Out Agreement) between the City, Sansalito Place Home Owners Association, First Union Bank and Home Dynarmcs Corpomtiun delineating each Parties responsibilities with regards to the comple~on of the required site and lot improvements at the Sansahto Place Subdivision. EXPL{tNATION: Four Waves at Sansalito Place Limited, the original developer of Sansalito Place Subdivision constructed homes and developed the sansalito Place Subdivision until approx/mately July of 1998, when it abandoned the project and was otl}erwise in default under its constmctiun loans with First Union Bank. Four Waves abandoned the project, leaving behind }leven lots containing homes in various stages of completion and some required site improvements. In July of 1999, First Union Bank foreclosed on the eleven unfinished lots and subsequently entered into an executory contract for the sale of the lots wxth Home Dynamics Corporation. The C~ty, Home Dynsm/cs, Sansalito Home Owners Assogiatiun and First Union Bank h~ve held several meetings to identify the required site improvements to be made to the common areas. Ultimately, the parties.entered into several agreements attached hereto delineating various responsibilities to each party with regards to the completion of the required subdivision improvements; Under the Construction and Workout Agreements, First Union ~3ank and the Home Owners Association will contribute $100,000.00 and $25,000.00 respectively into an escrow accounT to be used exclusively for funding the required subdivision improvements. Under the terms of the Agreements, Home Dynamics would complete the unfinished eleven lots, while the City through permitting and inspections would ensure that all constxuctions (site improvements and rem0inlng lots) will meet minimum code requirements. PROG~S~I IMPACT: Approval of this motion will ensure the final completion of the r~maining units as well as completion of the required subdivision improvements. FISCAL EVIPACT: N/A ALTEI~ATIVES: N/A S:~BULL~TIN~ORMSX~.GENDA ITEM REQUEST FORM.DOC Department Head's Signature Department Name CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM "'City Manager's Signature City Attorney Finance / Human Rp~our~[s s :~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION 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 TWO AGREEMENTS AND MUTUAL RELEASES BETWEEN THE CITY OF BOYNTON BEACH AND SAUSALITO PLACE HOMEOWNERS ASSOCIATION, FIRST LrNION BANK AND HOME DYNAMICS CORPORATION, DELINEATING EACH PARTIES RESPONSIBILITIES IN REGARD TO THE COMPLETION OF REQUIRED SITE AND LOT IMPROVEMENTS AT THE SAUSALITO PLACE SUBDIVISION; AND PROVIDING AN EFFECTIVE DATE. WItEREAS, Four Waves at Sansalito Place Limited, the original developer )f Sansalito Place Subdivision constructed homes and developed the Sansalito Place Subdivision until approximately July, 1998, when it abandoned the project and defaulted under its construction loans with First Union Bank; and WHEREAS, City staff has been involved in negotiations to reach an Agreement with all of the parties, delineating various responsibilities to each party with regard to the completion of the required subdivision improvements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute two Agreements and General Releases between the City of Boynton Beach, Sansalito Place Homeowners Association, First Union Bank and Home Dynamics Corporation, copies of said Agreements being attached hereto as composite Exhibit Section 2. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this day of January, 2001 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Corrmussioner Commissioner Commissioner ~TTEST: City Clerk (Corporate Seal) LAW OFFICES ~lOhN, DICKER, KRIVOK ~ CORE, P.A. WEST PALM ~EACh, FLORIDA 3340I january 9, 2001 Via Facsimile 742-6054 and Overnight Delivery TELEPHONE Nicholas Igwe, Esq. City of Boynton Beach 100 East Boynton Beach Blvd. P.iO. Box 310 Boynton Beach, FL 33425 Re: Sausalito Place Homeowners Association, Inc. /Subdivision Improvements Dear Mr. Igwe: Enclosed are the revised letter agreement and the revised Construction Agreement. These documents have been revised pursuant to your comments. As you know, all parties would like this matter to be placed on the January 16, 2001 City Commission Agenda. We appreciate your cooperation in making an effort to achieve this goal. IfI can be of further assistance, please do not hesitate to call me. For the Firm SAS/ Encls. Association (w/encls.) Mark Dikeman, Esq. (w/encls.) Ed Schack, Esq. (w/encls.) T:\USERS~SCOTIM307~1307igw.¢t2..wpd LAW OFFICES St.__dOHn, DICKER, KRIVOK ~ CORE, P.A. SUITE 600 January 9, 2001 Nicholas I. Igwe, Esq. Assistant City Attorney City of Boynton Beach 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425 Re: Sausalito Place Homeowners Association, Inc. /Subdivision Improvements Dear Mr. Igwe: This letter shall confirm the parties' agreement concerning subdivision improvements to be completed. Punch List attached to the November 8, 1999 Department of Development Bui!din~ Division Memorandum No. 99-26 (attached hereto as Exhibit "A") of asphalt. Section A) - All items will be completed as part of the installation of the second lift 2. Section B) - Compliance shall be achieved by the installation of a second lift of asphalt pursuant to the original City approved engineering plans. 3. Section C) - Items 1 through 3 are not required by the City. The original plans as approved by the City did not require concrete times, and the Association approves the existing drainage design without recourse to the City. Concerning item 4, Mr. Tomkins stated that the control structure has been inspected and that the weir is in place. The City has m-inspected this and Nicholas I. Igwe, Esq., Assistant City Attorney -- January 9, 2001 Page 2 confirmed that the weir is in place. Concerning item 5, the riprap headwall will be installed. 4. Section D) - Striping and signage required by the original City approved plans will be completed. 5. Section E) - The Engineer of Record has already provided a signed and sealed Letter ot'Certification. The Association does not require that a one year guarantee be provided to the City for the pavement constmctmn. As2builts on drainage, grading, paving, lake slopes, etc., have already b~en provided to the City. Upon completion of all improvements listed in the Construction Agreement, 1 set of signed and sealed as-builts and I set of unsealed mylar will be provided to the City. Within thirty (30) days of receipt by the City of the signed and sealed as-builts, the City will oply review and determine that the improvements listed in the Construction Agreement have been cpmpleted in accordance with applicable law. All other improvements will be deemed accepted. Uandscaoe 1. North Boundary - 33 or 34 Live Oaks or comparable native tree species consistent With project species will be planted spaced 40 feet or less. 2. Lake Plantings - 25 trees will be planted ( 1 tree per duplex building bordering the lake ~act), comprised of a variety, of species taken from the list of species listed in Kevin Hailahan's ovember 5, 1999 Memorandum. 250 plants (I0 per duplex building bordering the lake tract) will b~ planted w~thin the lake maintenance easement. Plant species will be selected from the list in Mr. I~allahan's November 5,1999 Memorandum. Other Items 1. A headwall and pipe will be installed at the swale adjacent to the LWDD canal and awrence Road. 2. A yard drain and connection to drainage system between Lots 100 and 111 will be stalled. As part of this process either a temporary easement will be obtained from the owners of ese lots so that the yard drain can be installed. [ Previous building permits will be reissued for all remaining units with the existing plans on fi~e with the City of Boynton Beach. The City will allow Home Dynamics to make copies of the e[isting plans for the purpose ofjobsite sets of plans for inspections and for working drawings to cgmplete the work on the units. Home Dynamics will provide the City's Building Division with Nicholas I. Igwe, Esq., Assistant City Attorney January 9, 2001 Page 3 estimated costs for completion of each of the lots and sub-division improvements and the City will provide costs for re-issuance of permits and inspections. Based on the estimates provided by Home Dynamics. the costs for perrmts and inspections for the sub-division ~mprovemems shall be calculated pursuant to law and shall not exceed $2.500. The funds for the permit fees for the sub-division improvements contained in the Construction Agreement will be held in escrow pursuant to the Construction Agreement and will be drawn down by Home Dynamics and paid to the City as required. All previous inspections will remain valid and reinspections shall not be required. Any permit fees for the individual lots will be paid directly by Home Dynamics and are not pan of the funds held in escrow pursuant to th Construction Agreement. The City cannot waive impact fees, capital connection fees or any other impact fee or governmental fee. However, if the impact fees and other fees payable to other agencies have. already been paid in the initial permit, they will not need to be paid again. Certificate of Occuoancv Home Dynamics, the City, and First Union will enter into an escrow agreement for one of the lots as described in the separate Agreement between all the parties. The City will issue certificates of occupancy upon completion of final inspections of individual homes in due course, and without any conditions relative to the subdivision improvements. The City will allow use of Lot 9 as a sales office'by Home Dynamics pending completion of the subdivision improvements, and will issue a temporary certificate of occupancy for that purpose. If the City agrees that this letter contains the definitive list of all subdivision improvements that the City requires be completed, and accurately reflects the City's agreement concerning permit and certificates of occupancy, please have the City indicate its agreement by having the City Commission adopt a resolution, ordinance or other instrument agreeing to the terms of this letter. Thank you for your cooperation. '~T~LOFF For the Firm SAS/ CC: Association Mark Dikeman, Esq. Edward Schack, Esq. T:\USERS\SCOTT~ 1307X 1307city.agr.wpd CONSTRUCTION AGREEMENT THIS CONSTRUCTION AGREEMENT ("Agreement"~ is made this day of 2001 ("Effective Date"), between SAUSALITO PLACE HOMEOWNERS ASSOCIATION, INC. ("Association") and HOME DYNAMICS CORPORATION, a Florida Corporation ("Home Dynamics"). 1 REPAIRS AND OTHER WORK. Home Dynamics agrees m perform the Work set forth on Exhibit "A" attached hereto ("Work") and shall use its best effort to complete the Work within ninety (90) days from the Effective Date of this Agreement. Work shall be performed between the hours ofT:00 a.m. and 6:00 p.m., unless otherwise authorized by the Association. 2. PERFORMANCE OF THE WORK. The parties agree that in connection with the performance of the Work set forth on Exhibit "A": A. All Work to be performed under this Agreement shall be done by Home Dynamics or its authorized, insured and licensed contractors or subcontractors. B. All Work shall be performed in a good and workmanlike manner and in conformance with the original engineering plans submitted to and approved by the City of Boynton Beach, with all applicable codes, manufacturers specifications and accepted industry standards. Home Dynamics shall be responsible for having permits issued, complying with all applicable laws and regulations during performance of the Work, and obtaining all required approvals for the Work, including but not limited to, apprgvals required by the City of Boynton Beach and the Lake Worth Drainage District. Permit and inspection fees for the Work shall be paid from the funds described in Paragraph "3." All permit, inspqction and other fees related to the individual Units shgll be the sole responsibility of Home Dynamics. i C. Work on completing the 11 Units, including landscaping and lot irrigation, shall be done in co~fformance with existing architectural standards within the Sausalito Place community in accordance with!~"City of Boynton Beach approved landscaping and architectural plans. 3. PAYM~i~. The Association shall provide the law firm of St. John, Dicker, Kfivok & Con ,, P.A. (the "Firm!') with $25,000, which sum shall be held in escrow in a sub-account of the Firm's tmsl account (the "Account"). First Union Bank will deposit $100,000 in the Account. Home Dynamics shal submit invoices and a certificate of completion from an engineer selected by Home Dynamics to the Fim. for the Work, excluding work related to the Units. Invoices shall not include any sums for Home Dynamics' profit or overhead. Within three days of receipt of an invoice and certificate, the Firm shall disburse funds from the Account sufficient to pay the invoice for the Work certified as being completed. The funds representing Home Dynamics' profit as shown on Exhibit "A" shall be disbursed to Home Dyn unics within three days after final approval of all work from the City of Boynton Beach. The Ass~ ,ci,ation shall not interfere with any requested draw of funds. The Firm waives all rights to the Account Page 1 funds. The Firm shall hold funds in the Account pending resolution of any dispute. Home Dynamics shall use its best efforts to complete all Work, excluding the Units, for $125,000, or less. Home Dynamics is not responsible for any oftbe expenses of the Work, excluding the Units. If the actual cost to complete any line item of Work exceeds the budgeted mount therefor, Home Dynamics shall provide the Association prior notice of the increased cost and the reason for the increase. The Association shall be responsible for payment of any excess cost. If there are any funds remaining at the completion of the Work, excluding the Units, the Association shall be entitled to those funds. All payment applications shall be accompanied by partial releases of lien for all labor and materials furnished as part ofthe Work for which payment is sought. A final paymeut, constituting the entire unpaid balance of the cost of the Work will be made by the Association to Home Dynamics within three days from Work being completed, and upon receipt of a Final Contractor's Affidavit, Final Releases of Lien. After inspection by the City, the cost to bring any Work into conformance with City requirements shall be solely at Home Dynamics' expense, without recourse to the funds held in any escrow account. 4. ' WARRANTY. Home Dynamics warrants that all work will be performed accordir;g to applicable building codes and other governmental requirements. Home Dynamics further warrants that the work will be free from any defect which materially impairs the functional utility of the work for a period of six months after the time the Work is inspected and passed by the City. The foregoing warranty is strictly limited to its express terms and shall not extend to the aesthetic quality of the Work, to defects which might tend to require maintenance or repair after the period Of warranty, or to minor defects or discrepancies which do not materially impair the functional utility of the Work. Acceptance of the Work by the City shall create a presumption that the Work is in conformity with the foregoing warranty. Home Dynamics will assign to Association all warranties, express or implied, of any contractors or subcontractors retained by Home Dynamics in connection with the Work, The parties acknowledge that Home Dynamics will be engaging in construction of the Units after the final lift is placed on the roadway, and that such activities create a likelihood of wear and tear to the roadway greater than that which would be experienced in the roadway in proximity to an occupied residence. Home Dynamics will not be responsible for such additional wear and tear to the roadway, provided that the wear and tear is the result of prudent construction practices and that substantial damage to the roadway surface does not result. During construction of the Units, Home Dynamics shall only utilize the Lawrence Road entrance and shall only use the roadway between the entrance and the Units. Home Dynamics shall be responsible for any damage to any other portion of the roadway caused by Home Dynamics, its employees, contractors and subcontractors, upon completion of construction activities, Home Dynamics will be responsible for general cleanup and repair to the roadway to the degree there is damage in excess of that which is described in the preceding sentence. 5. PROTECTION. Home Dynamics shall take all usual and reasonable measures to protect persons and property from injury or damage during the progress of the Work. Home Dynamics shall be responsible for any injuries to persons and/or damage to property caused by the Work, except for damage ' attributable to the Association's failure to take reasonable precautionary measures requested in writing by Home Dynamics. Home Dynamics shall return any property damaged during the Work to the condition Page 2 it was in before the damage o~curred. Home Dynamics shall carry workers' compensation, and general liability insurance in the amofiht of $1,000,000, or as required by the City, whichever is greater. Home Dynamic. s shall indemnify and hold harmless the Association, its officers and directors, against the cost of defending any and all claims for damages to the person or property of others, arising Solel~ out of Home Dynamics' negligent or wrongful acts in the performance of this Agreement. 6. NO LIENS. Home Dynamics agrees to properly pay all laborer~, subcontractors and suppliers for labor and materials furnished in the performance of the Work and to properly remove, by payment or bonding, any lien or claim of lien filed against the property within the Association as a result of H~me Dynamics' performance of the Work. Failure to remove or discharge any lien within sixty (60) days[ after Home Dynamics has received notice of its filing and the Association's demand to remove or discharge shall be a default under this Agreement. i 7. INSPECTION. Home Dynamics shall give writtennotice to the Association ("Completion Notice ) upon completion of each item of Work at least 3 days before submitting the completed Work to the City for inspection. of a Res~ Arti HoE Ass, owe so Boa pro~ 8. DECLARATION OF COVENANTS. While Home Dynamics is the record title holder ~y Lot within Sausalito Place, Home Dynamics shall be bound by the Declamfion of Covenants, dctions and Easements for Sausalito Place Homeowners Assogiatiun ("Declaration',), Bylaws, and :les of Incorporation of Sausalito Place Homeowners Association, Inc. Among other requirements, te Dynamics shall pay assessments pursuant to the Declaration, unless otherwise waived by the ~ciation. Home Dynamics shall request an estoppel letter from the Association for any assessments :1 before closing each Unit. Home Dynamics shall provide the Association notice ora sale ora Unit te Association can meet with the purchaser(s) before closing. 9. OCCUPANCY. Pursuant to the Declaration, Home Dynamics shall not sell any Un/t ss there will be at least one occupant of the Unit 55 years of age or older, unless the Association'S :d of Directors approves an exception pursuant to the terms of the Declaration. Home Dynamics shall ide the Association proof of compliance with this age restriction before closing the sale of any Unit, I 10. ACCESS. Until such time as the Work and construction on all Units is completed, and as l~ng as construction is actually Progressing, at leaSt one gate to the Sausalito Place community will rem fin open between the hours of 7:00 a.m. and 7:00 p.m. foil, Home Dynamics may place or erect signs in connection with its sale of the Units, subject to the .wing: One sign announcing the sale of the Units may be placed at the Lawrence Street gate. The sign shall be prominent and visible from the street. The content and design of the sign shall be within the discretion of Home Dynamics, but it will not contain any offensive language or colors. The sign will present a dignified appearance consistent with signage generally Page3 employed by developers in Palm Beach County for the sale of new homes. The sign will conform to all fipplicable codes and ordinances. A sign may be placed at each gate to the community comaining information for potential purchasers of the Units on how to gain access and the location of the Home Dynamics sales office.- Said signs will not be larger than is reasonably necessary to effect such purpose. Home Dynamics shall be entitled to admit potential purchasers access to the community through the existing teleentry system. : On or near the front door to each Unit, until such time as the Unit is conveyed to a buyer, Home Dynamics my erect a sign, not to exceed the dimension of 2 feet by 2 feet, containing the word "Available" and, if deemed desirable by Home Dynamics, a telephone number and the name "Home Dynamics" and the corporate logo. Home Dynamics may use one Unit at any one time as a sales office. A sign may be erected in a suitable place on the lot containing the sales office identifying it as such and setting forth the hours of operation. Home Dynamics may also place flags in the front lawn of the sales office, but such flags shall be removed each evening. Upon the closing of the conveyance of all Units, Home Dynamics will remove, at its sole expense, all signs it has placed on or about the Sansalito Place community. Home Dynamics can purchase a "clicker" for $50 which will permit its representative to enter the community. The Home Dynamics representative can then open the gate for any person interested in viewing Units owned by Home Dynamics. 11. GOVERNING DOCUMENTS AND "CLICKERS". Home Dynamics shall be responsible at its own cost for supplying purchasers of its Units with the Association' s Declaration, Bylaws and Articles of Incorporation, and with "clickers" for gate access. 12. MISCELLANEOUS. A. Modification. No modification, waiver, amendment, discharge or change of this Agreement shall be valid unless the same is in writing and signed by the party against which the enforcement of such modification, waiver, amendment, discharge or change is sought. This Agreement is entirely between the parties hereto relating to transactions contemplated by this Agreement and all prior or contemporary disagreements, understandings, representations and settlements, oral or written, are merged herein. B. Di~outes. This Agreement shall be strictly enforced in accordance with the terms herein and with the laws of the State of Florida. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their representative heirs, administrators, successors and assigns. The venue for any dispute shall be a court of competent jurisdiction in Palm Beach County, Florida. Page 4 Agreement. C. Exhibits. All Exhibits annexed hereto are incorporated and are made part of this D. Titles. All sections, titles or captions contained in this Agreement are for convenience onlyi and shall not be deemed to be a part of this Agreement and shall not affect the meaning or interpretation on this Agreement. E. Enforcement. If it becomes necessary to hire an attorney to enforce any provision of this Agreement, the prevailing party shall be entitled to recover their costs and attorneys fees incurred prior to sfiit, as well as in litigation, appeal and any arbitration, bankruptcy or administrative proceeding. 13. NOTICES. All notices, demands or other communications given hereunder shall be given in writing and shall be deemed to have been duly given upon mailing by United States Registered or Certified Mail, Return Receipt Requested, postage prepaid to both representatives of each party, or by facsimile or actual delivery (including overnight delivery service) at the addresses as follows: If to the Association, to: If to Home Dynamics, to: Ronald S. Goldfeder, President Sausalito Place Homeowners Association, Inc. 70 Sausalito Drive Boynton Beach, Florida 33436 4788 W. Commercial Blvd. Tamarac, Florida 33319 and and St. John, Dicker, Krivok 8: Core, P.A. Attention: Scott A. Stoloff, Esq. 500 Australian Avenue South, Suite 600 West Palm Beach, Florida 33401 Fax 561-659-0850 Edward Schack, Esq. 7954 Pines Blvd. Pembroke Pines, FL 33024 Fax954-894-5688 IN WITNESS WHEREOF and intending to be legally bound, the parties have signed this Agreement on the dates noted below. HOME DYNAMICS CORPORATION By: DATE: Its: SAUSALITO PLACE HOMEOWNERS ASSOCIATION, INC. By:. DATE: Ronald S. Goldfeder, President T:\USERSXScoTrx 1307M 30704.2agr.wpd Page 5 BUDGET FOR SITE WORK TO BE PERFORMED BY HOME DYNAMICS CORPORATION SAUSALITO PLACE PUD Item .. Price Pavin9 $40,000.00 R&R Damaged Asphalt $11,000.00 Striping & Signage $5,000.00 Engineering & Survey Fees $13,920.00 Clean Catch Basins $7,500.00 Headwatl & Yard Drain $16,855.00 Sod $1,500.00 Headwall $5,000.00 Landscaping (Along canal and lakefront) $9,000.00 Contingency $15,000.00 Contractor's Fee $15,000.00 Total $'139,775.00 Engineering Fees Invoiced ($9,420.00) Adjusted Total $130,355.00 EXHIBIT AGREEMENT FOR SECURITY THIS AGREEMENT is made on January__, 2001, by and between the parties, The City of Boynton Beach, Florida (the "City"), First Union National Bank ("First Union") and Home Dynamics Corporation, a Florida corporation ("HDC"), and is based on and adses out of the following facts and circumstances: A. First Union is the owner of the following described real property (the "Security L~3t") located in Palm Beach County: Lot_.9, Sausalito Place P.U.D., according to the map or plat thereof as recorded in Plat Book 76, Page 47, Public Records of Palm Beach County, Florida. B. .First Union has acquired title to the Security Lot by foreclosure of a mortgage g,v. en by the developer of Sau.s. alito Place P.U.D., a residential community located within Boynton Beach. At the t;me of foreclosure, the developer had not c~ompleted all of the required subdivision improvements (the "Required Improvements") at Sausalito Place P.U.D, as ara more particularly described in Exhibit A to the WorkoUt Agreement as hereinafter defined. C. HDC has contracted to purchase the Security Lot and ten other lots within the Sausalito Place P.U.D. (also acquired by foreclosure from the aforesaid dpveloper) from First Union, which other ten lots ara referred to herein as the "Ten Lpts". HDC has also entered into an agreement (the."W.o. rkout Agraement") and other agreements attached thereto as Exhibits A to E, w~th F~rst Union, the City, and the Sausalito Place Homeowners Association, Inc., being the homeowners association for the Sausalito Place P.U.D., for the completion of the Required Improvements. Cap,ta ;zed terms not otherwise defined herein Shall have the meanings as defined ih the Workout Agreement. ! D. Befora any certificates of occupancy'ara issued by the City for the Lots, tlte City requires assurances that the Required Improvements will be.completed. ! E. The partie.s desire to make provisions for the completion of the Improvements and the issuance of the certificates of occupancy. Therefore, the parties agree as follows: 1 As secudty for the completion of the Requ red mpmvements n accordance ,~th the Development Plan, First Union wdl execute ~n favor of the City a Quitclaim Deed tq the Security Lot in the form set forth in Exhibit B (the "Security Deed"). The executed Slecurity Deed will be physically delivered to the City to be held by the City in escrow, .,~ithout recordinq, subject to the terms of this Agreement. Upon completion of the Improvements within One Hundred Twenty (180) days from the date hereof, the SecUdty I~e~l will be released by the City and returned to First Union. 2 In the event that the Required Improvements are not completed within 180 days from the date here-(~f, then the Security Deed may be released from escrow and shall only then be deemed delivered to the City and subject to recordinq. In that event, the City shall use reasonable efforts to sell the Secudty Lot for the purpose of generating funds to be applied to (i) th~ reasonable costs and fees incurred by the City directly related to the transfer of title of the Security Lot to the City, (ii) real estate taxes and maintenance costs attributable to the Security Lot dudn.q the City's ownership thereof, and (iii) the completion of the Required Improvements. In the event the net proceeds from the'City's sale of the Security Lot shall exceed the fore.qoinq costs, fees, and expenses, any such excess shall be paid by the City to First Union. It is the intent of the parties that the Secudty Deed and the Security Lot shall stand as security for the completion of the Required Improvements in the same manner as other forms of security accepted by the City for similar purposes. 3 Upon completion of the single family houses under construction on each of the Ten Lots (the "Houses") from time to time and compliance with applicable building requirements of the City regarding the construction of single family houses, certificates of occupancy for each of the completed Houses will be issued by the City. The sole criteda for the issuance of certificates of occupancy for each House will be the satisfactory completi~)n of the required City inspections, which will be conducted in the .manner generally prevailing for the construction of single family homes in Boynton Beach, and without regard to any other matter. No certificate of occupancy for any House will be withheld because of any failure to complete the Required Improvements, any defect or discrepancy of any kind in the manner in which the Improvements have been completed, or any determination that the obligations of the developer of Sausalito Place have not been fulfilled in any respect. Certificates of occupancy will be issued for each House as it is completed in compliance with this Paragraph, and it shall not be necessary to complete all Houses before any certificates of occupancy are issued. 4 So Ion.q as this A.qreement is in effect, and until such time as HDC sells and transfers title to the Security Lot, HDC shall be authorized to use the Security Lot as an office for the purpose of providin.q information to prospective buyers of the Ten Lots and the Security Lot, and for the purpose of ne.clotiatin;l, processin.q and closin.q the resultin.q sales. As soon as practicable after the execution of this Aqreement, and upon application to the City and the fulfillment of necessary code requirements, the City will issue to HDC a temporary certificate of occupancy for the Security Lot, which certificate will allow the uses described in this paraqraph. Upon completion of the Required !mprovements and release of the Security Deed, the provisions of Paragraph 3 regarding the issuance of a final certificate of occupancy shall apply to the Security Lot. 5 The City acknowledges that (i) the Required Improvements constitute all of the improvements which the City requires to be completed in order to release the Security Deed from escrow and return the same to First Union, and (ii) First Union's obligations under this Aqreement shall be satisfied upon delivery of the Security Deed to the City in accordance herewith. Without limiting the foregoing statement in any way, the City further acknowledges that it has inspected the weir described in Exhibit B to the Workout Aqreement and that same ha been determined to be acceptable to the City without the need for additional or remedial work or modification, provided however, the Lake Worth Drainage District requir~-s the construction of a headwall around the outfall pipe to the L 21 canal which must thereafter be approved and accepted by the District. 6 In the event the Security Deed shall be wronqly recorded (i.e., other than in accordance with-Section 2, hereof, and the Required Improvements shall have been cbmpleted in accordance with Section 1 hereof, the City shall, at its sole cost and expense includin.q payment of applicable taxes and fees, immediately reconvey the Secudty Lot to First Union. Executed by the parties on the stated date: City of Boynton Beach Home Dynamics Corporation By: By:. First Union National Bank By: Prepared by: EDWARD J. $CHACK 7954 Pines Boulevard Pembroke Pines. FL 33024 THIS QUITCLAIM DEED, is made on August 2000. between FIRST UNION NATIONAL BANK ("GRANTOR"), and CITY OF BOYNTON BEACH, FLORIDA ("GRANTEE'3. GRANTOR, for and in consideration of the sum of Ten Dollars, to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to GRANTEE, and GRANTEE's successors and assigns forever, ail the right title, interest, claim and demand which GRANTOR has in the following described land, situate, lying and being in Palm Beach County, Florida: Lot 9, Sausalito Place P.U.D., according to the map or plat thereof as recorded in Plat Book 76, Page 47, Public Records of Palm Beach County, Flodda. Property Appraiser's parcel identification number. To Have and to Hold said property unto GRANTEE AND GRANTEE's heirs and assigns forever. This deed has been executed in accordance with the terms of that certain Agreement for Secudty entered of even date between GRANTOR, GRANTEE and Home Dynamics Corporation relating to the completion of certain improvements to the Sausalito Place PUD and other matters. The terms of that Agreement determine the time and manner in which delivery of this deed is to be effected. Executed by GRANTOR on the date set forth above. Witnessed by: FIRST UNION NATIONAL BANK Witness Name: Witness Name: By: Name: Title: STATE OF FLORIDA COUNTY OF Acknowledged before me on August __, 2000, by , as of First Union National Bank, who is personally known to me orwho provided as proof of identification. Nota~ Public Sent by: STEARNS WEAVER 305 789 3395; 01/10/01 10:19; ~ #88g;Page 3/10 WORKOUT AGREEMENT The parties hereto, First Union National Bank ("First Umon"), Sausellto Place Homeowners' Association Inc. (the "AssOCiation"). Home Dynamics Corporation ("Home Dynamics"), and the City of Boynton Beach, Florida (the "City") stipulate and agree as follows: Where,~, on November 17, 1995, a P.U.D. for the development of the single family tiome communily known as Sausalito Place in Boynton Beach, Florida was filed in the public records of Palm Beach County. Florida; and, Wllereea, the developer, Four Waves at Sausalilo Place L~m~ted ("Four Waves"), Constructed homes and developed Sausalito Place until approximately July of 1998, at Which time Four Waves ceased construction and was otherwise in default under its construction loan to First Union; and. Whereas, Four Waves turned over the Assaciatmn to the homeowners of Sausalito Place on September 15, 1998; and, Whereas, First Union foreclosed and on July 9. 1999 took title to the remaining lots subleCt to the lien of its construction mortgage: Lot Nos. 9, 11, 12. 127, 128. 133. 134, 135. 136. 139, and 140 (the "Lots"); and. Whereas, on July 29. 1999. First Union entere~l Into an agreemenl to sell the Lots. which conlain homes in various stages of completion, to Home Dynamics; and. Whereas, after erltenng ~nto the purchase agreement Home Dynamics was reformed by the Building Department of the City, that the City would not issue certificates of occupancy for the homes constructed on the Lots until such time as carlton mnprovemanta to Ina common areas of Sausalito Place (the "Common Aceaa ') were completed; and. Sent by: STEARNS WEAVER 305 789 3395; 01/10/01 10:19; .~ #889;Page 4/10 Whereas, the Association. Home Dynamics and the City have identified those {mprovementa (the "Required Improvements") which upon completion will be sufficient and adequate for the City to re-issue necessary building permits and certificates o! occupancy for the homes constructed on the Lots, which Required Improvements are set forth in the letter agreement (the "Development Plan") attached hereto as Exhibit "A"; and, Whereas, contemporaneously with the parties' execution of this agreement, the Associatmn and Home Dynamics have entered into a construction agreement (the "Construction Agreement") to complete the Required Improvements tothe Common Areas, . a copy of which is attached as Exhibit "El"; Now, therefore, the Parties hereto resolve and agree as follows: 1. FUNDING OF IMPROVEMENTS TO COMMON AREAS. In ,~rder to fund the Required Improvements as specified in the Development Plan and the Construction Agreement, First Union and the Homeowners' Association shall forthwith deposit $100,00Q00 and $2§,000.00, respectively, into an escrow account established as a sub- account of the trual account of law firm of SI. John, Dicker, Ktivok & Core, P.A. maintained at Palm Beach National Bank and Trust. The monies deposited in the Construction Accounl shall be used exclusively for funding the construction of the Required Improvements pursuant to the Const[ucti~n Agreement, the budget thereto, and the Development Plan. The Construction Account shall be administered in accordance with the provisions of the Construclion Agreement regarding draw requests, inspections, luria requirements, governmental permits and approvals, hold backs and final payment, First Union's contribution to the Construclion Account shall be limited exclusively to Ihe initial contribution of $100,000.00. Any additional sums required to complete the Sent ~y: STEARNS ~IEAVER 305 789 3395; 0t/10/01 10:20; ~ #88~;Page 5/10 Required Improvements_over and above the amount specified in the Construction Agreement shall be as provided in the Construction Agreement. 2. PERPORMANCE COLLATEI~,L IN FAVOR OF THE CITY - The City has requested adequate security to ensure the complefion of the Common Areas. First Un,on sl~all deliver into escrow a quit-claim deed for Lot g which for a period of 180 days from the date of the final execution of this agreement shell stand as security for the completion of the Required Improvements pursuant to the terms of the Agreement for Security executed contemporaneously herewith between First Union, Home Dynamics, and the City appointed therein, a copy of which is attached as Exhibit "C'. Du~ng the construction periocl. Home Dynamics may use Lot 9 as a sales office for the other Lots pursuant to the terms of the Occupancy Agreement attached hereto aS Exhibit "D". which use shall be allowed by the City. 3. OWNERSHIP OF FUND5 IN CONSTRUCTION ACCOUNT - Prior completion of the construction of the Required Improvements and final payment to Home Dynamics, First Union and the Association shall retain an ownership interest in the balance of the Construclion Account in accordance with the percentage of their initial contribution. The Association shall be entitled to the balance, if any, of the Construction Account after completion of the construction and final payment to Home Dynamics is made. 4. RELEASES - Contemporaneous with the execut~n of this Agreement, in Consideration of First Union's performance hereunder including without limitation its Contribution to the Construction Account and provision of collateral to the City, the Association and First Union shall execute the mutual release attached as Exhibit releasing First Union and the Association from any and ell claims between arising in connection in any way with Sausatito Place up until the time of entry into this Agreement Contemporaneous with the execution of this Agreement, First Umon and the City shall Sent by: STEARNS WEAVER 305 789 3395; 01/10/01 10:20; ~ #889;Page 6/10 execute the mutual release attached as Exhibit "F", releasing each other from any and all claims arising in connection in any way with Sausalito Place up until the time of entry into this Agreement. 5 This Agreement, and the agreements attached as exhibits hereto, contain the entire agreement of the parties concerning the maffers addressed herein and there are no other oral or written contracts, promises, or understandings with respect to the subject matter hereof. 6. First Union's entry into this agreement is without prejudice and shall not be deemed in any way or used by any pa~ty in any subsequent administrative, legal or other proceedings to assert that First Union has any liability, obligation or responsibility to any party, person or entity, to develop the Lots, the Common Areas, or any other aspect of Sausalito Place. The parties do not intend that there are any third party beneficiaries to this agreement. 8. The persons executing this agreement have been duly authorized to execute and enter into this agreement and to bind the respective parties hereto. FIRST UNION NATIONAL BANK SAUSALITO PLACE HOMEOWNERS' ASSOCIATION INC. By: Date: Byi Ro~aid OOldfedder, President Date: THE CITY OF BOYNTON BEACH, FLORIDA By: HOME DYNAMIC5 CORPORATION Byi Michael Scheck, President [3al~: ............................... Page 4 o! 5 MUTUAL RELEASE FIRST UNION NATIONAL BANK AND CITY OF BOYNTON BEACH, FLORIDA KNOWN ALL MEN BY THESE PRESENTS: THAT First Jnior; National Bank first party, and City of Boynton Beach. Florida, second party, for and in consideration of the sum often (10.00) Dollars~ or other valuable considerations exchanged between them, the receipt of which is hereby acknowledged. HEREBY mutually rem~se, release, acquit, satisfy, and forever discharge each other, of and from all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or m equity, which said parties had or may have had, whether known or unknown, arising in connection or related in any with the Sausalito Place P. U.D. located in Boynton Beach, Florida up until the date of execution of this release. FIRST UNION NATIONAL BANK CITY OF BOYNTON BEACH, FLORIDA By: By: Date: Date: Page 1 of I , MUTUAL RELEASE - FIRST UNION NATIONAL BANK AND SAUS/~LITO PLACE HOMEOWNERS' ASSOCIATION, INC. KNOWN ALL MEN BY THESE PRESENTS: THAT First Union National Bank first party, and Sausalito Place Homeowners' Association, second party, for and in consideration of the sum of ten (-10.00) Dollars, or other valuable c~nsiderations exchanged between them, the receipt of which is hereby acknowledged, HEREBY mutually remise, release, acquit, satisfy, and forever discharge each ether, of and from all, and all manner of action and actions, cause and causes of action, §uits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, ~lamages, judgments, executions, claims and demands whatsoever, in law or in equity, Which said parties had or may have had, whether known or unknown, arising in connection or related in any way with the Sausalito Place P.U.D. located in Boynton Beach, Florida UP until the date of execution of this release. FIRST UNION NATIONAL BANK By: Date: SAUSALITO PLACE HOMEOWNERS' ASSOCIATION INC. By: Ronald Goldfedder, President Date: Page I of 1 OCCUPA2~Cy AGREE~tENT TNI~CCUPA~CY AGREEMENT ("Lease") dated September , 2000, is made and entered into by and between First Unio~ Natio~s3. Ba~k, a~io~alba~kimg association, its successors and assigns ("Landlord"), and H~D~mamic$ Cox~mmration, a Florida WITNESSETH: As partial consideration for the performance by Landlord and Tenant of their respective obligations under the terms of that certain Workout Agreement (the "Workout Agreement"} by and among the Landlord; Tenant, Sausatito Place Homeowners A~sociation, Inc. and the City of Boynton Beac~ Florida (the '~City"), Landlord hereby agrees to perrait Tenant to occupy the Premises described in Section 1 below subject to the terms, covenants, agreements and conditions hereinafter set forth: 1. DEFINITIONS. Unless the context otherwise specifies or requires, the following terms shall have the meanings herein specified: 1.1 "Lease Con~nencement Date" shall mean the date hereof; "Lease Termination Date" shall mean the earlier of (i) the date upon which title to the Presses shall be conveyed to the City pursuant fo the quit-claim deed referred to in Section 2 of the Workout Agreement, (ii} the date upon which the Premises shall have been conveyed by the Landlord to Tenant pursuant to that certain purchase and sale agreement (the ~Sales Contract") dated July 29, 1999 by and between Landlord and Tenant, (iii) such date as Landlord's obligation to convey the Pre~aises to Tenant pursuant to the Sales Contract may be terminated, in accordance with the terr~ thereof, Or (iv) the date this Lease raay be terminated by Landlord following the occurrence of an Event of Default (as defined in Bection 7.1). 1.2 "Premises" shall mean collectively, that certain real property described as Lot 9, Sausalito Place P.U.D., as recorded in Plat Book 76, at Page 47, of the Public Records of Palm Beach County~ Florida, together with any residential or commercial structure or other improvements constructed or to be constructed on such real property, and all appurtenances relating thereto. I. 3 "Term" shall mean that time period between the Lease Commencement Date and the Lease Ter~nation Date. 2. TERM. The term of this Lease shall commence on the Lease Comzaencement Date and subject to the provisions hereinafter contained, shall terminate on the Lease Termination Date. 3. USE. Tenant shall use the Fremises as Tenant's sales office for homes held for sale by Tenant in the community known as Sausalito Place in Boynton Beach, Florida and all legal uses directly related thereto (collectively, the "Permitted Purpose"), and for no other purpose without the prior written consent of Landlord. Prior to Tenant's use of the Premises for the Permitted Purpose, Tenant shall have obtained and shall maintain, throughout the Term hereof, all permits, licenses, certificates of occupancy and other governmental approvals, consents and licenses which may be required to carry out the Perraitted Purpose. 4. RENT. NO rent shall be payable by Tenant hereunder during the Term of this Lease; provided, however, that Tenant shall be liable for and pay for all costs and expenses attributable to the Premises during the Term of this Lease, including, but not limited to, (i) all homeowners association fees and assessments (regular or special) payable from time to time to Sausalito Place NomeownersAsso¢iation Inc., (ii) all fees and charges payable in connection with water, sewer, electrical, telephone and waste removal utility services and (iii) any code enforcement Or other liens Or charges that may be imposed upon the Premises during the Term. 5. UTILITIES. Landlord makes no representations as to the availability to the Premises of water, sewer, electrical, waste removal or other utility services and in no event shall Landlord be liable, because of any inability to hook up or connect to such utility services or for any interruption or cessation of such utility services. INSURANCE: INDEmnITY. 6.1 Tenant will, at its sole cost and expense, procure and maintain {i) special (formerly known as ~all risk") insurance with respect to the Premises in an amount not less than the full replacement value of the Fremises and (ii) co~ercial liability and property dan~ge insurance against claims for bodily injury, death or property damage occurring in the Pren~ses, in an amount not less than One Million Dollars ($1,000,000.00) combined single limit, with commercially r eas~nable deductible-s. -- 6.2 Tenant's insurance shall be with an Alfred M. Best's "A-" rated corapany licensed to transact business in the State of Florida. Landlord shall be named as additional insured under Tenant's insurance, and such insurance shall be primary and non-contributing with any insurance carried by Landlord. Tenant's insurance policies shall contain endorsements requiring thirty (30) days notice to Landlord prior to any cancellation or any reduction in amount of coverage. Within thirty (30) days after demand therefor by Landlord, the Tenant shall furnish Landlord with evidence that such deraand has been complied with. 6.3 Tenant as a material pa~t of the consideration to be rendered to Landlord, hereby agrees that it will indemnify Landlord and save it harmless from and against any and ail ctairas actions, day, ages, liability and expense in connection with loss of life, personal injury and or dar~age to property arising fro~ Or out of any occurrence in, upon or at the Premises, or the occupancy or use by Tenant of the Premises or any part thereof, or occasioned wholly or in part by any act or onL~ssion of Tenant, its agents, contractors, employees, servants, lessees or concessionaires. In case Landlord shall, without fault on its part, be made a party to any litigation cor~nenced by or against Tenant, then Tenant shall protect and hold Landlord harness and shall pay all costs, expenses and reasonable attorney's fees incurred or paid by Landlord in connection with such litigation. In addition, Tenant, as a m~terial part of the consideration to be rendered to Landlord, hereby waives alt claim against Landlord for personal injury or death, property daraage or other loss to Tenant, its agents, ~mployees, officers, contractors, licensees, invitees or third persons in or failure continues for five (5) days after written notice from Landlord, Landlord may perform, but is not obligated to perform any such required maintenance a~d repairs, and the cost thereof shall be payable by Tenant within ten (10} days of receipt of an invoice from Landlord. 9. T 'S ROP - . Furnishings, trade fixtures and equipment installed by Tenant shall be and remain the property of Tenant. On expiration of the Term, the Premises in accordance with the terms of the Sales Contract and fails to unreasonably withheld or delayed. 11. G 'U . Tenant shall not, directly or indirectly, assign or sublet under this Lease or any part thereof, nor permit all or any part of the Premises to be used or occupied by another, without first obtaining the written consent of Landlord. Any mortgage, pledge or assignment of this Lease shall subletting made withoutsuch Landlord's consent, shall be voidable by Landlord. -2- the Tenant to encu~be~ or cause the Tenant to encumber the title or interest of LandIord in the Premises. In order to comply with the provisions of Section 713.10 Florida Statutes, it is specifically provided that neither the Tenan% nor anyone clain~ng by] through or under the Tenant, including but not ~imited to contractors, subcontractors, materialmen, mechanics and laborers, shall have any right to file or place any kind of lien whatsoever upon the Presses, and any such liens are specifically prohibited. Ail parties with whom the Tenant may deal are put on notice that the Tenant has no power to subject the Landlord's interest to any claim or lien of any kind or character, and all such persons so dealing with the Tenant must look solely to the credi{ of the Tenant, and not to the Landlord's interest or assets. Tenant shall put all such parties with whom the Tenant may deal on notice of the term~ of this Section. If at any time a lien or encu~rance is filed against the Premises or the Building as a result of Tenant's work, ~aterials or obligations, ~enant shall promptly discharge said lien Or encumbrance, and if said lien or encumbrance has not been removed within thirty (30) days from the date it is filed, Tenant agrees to deposit with Landlord cash in an amount equal to one hundred fifty percent (150%) of the amount of the lien, to be held by Landlord (without interest to Tenant, except as may be required by law) until the lien is discharged. 13. CASUALTY. If the Premises are destroyed or damaged in any material respect by fire, hurricane or other casualty, either Landlord or Tenant may,. terminate this Lease by written notice to the other party hereto, effective as of the date of such notice. 14. CONDEMNATION. If all or any part of the Pren~ses shall be taken under power of eminent domain or like power, or sold under imminent threat thereof to any public authority or private entity having such power, this Lease shall terminate, effective as of the date possession is required to be delivered to such authority or entity. All conde~ation awards and similar payments shall be paid and belong to Landlord, except any a~ounts awarded or paid specifically for Tenant's trade fixtures and relocation costs (provided such awards no not reduce Landlord's award). Without limiting the generality of the foregoing, all leasehold interest awards shall belong to and be paid to Landlord, and Tenant shall execute any assignment or other documentation requested by Landlord to effectuate such award or payment. 15. ACCESS. Tenant shall permit Landlord to enter the Premises at all reasonable times fo= the purpose of inspecting, altering and repairing the Pren%tses and of ascertaining con~liance by Tenant with the provisions of this Lease. Landlord ~lay show the Premises to prospective purchasers at any time. Landlord's rights of access granted pursuant to this Section are subject to (i) reasonable advance notice provided to Tenant (not less than twenty four (24) hours) and (ii) Tenant's right to have a representative of Tenant accompany Landlord or its agents in connection with such access, except that the two foregoing conditions shall not apply in the event of an emergency where Tenant or its representatives are not available. 16. SIGNS. Upon expiration or termination of this Lease, all signs installed by Tenant shall, at Tenant's expense, be removed, and any damage resulting therefrom shall be promptly repaire~. 17. TENANT'S DEFAULT. 17.1 All rights and remedies of Landlord herein enumerated shall be cumulative, and none shall exclude any other rights or remedies allowed by law or in equity. The occurrence of any of the following shall constitute an "Event of Default" of this Lease by Tenant: (i) Tenant shall default in the payment of any sums to be paid by Tenant hereunder at the time and in the amount as herein provided, which default is not cured within three (3) days after receipt of notice of such default from Landlord; (ii) Tenant shall violate or fail to perform any of the other conditions, covenants or agreements herein made by Tenant, and such violation or failure shall continue for a period of ten (10) days after written notice thereof to Tenant by Landlord or, if such violation or failure shall reasonably require longer than ten (10) days to cure, if Tenant shall fail to commence to cure sa~e within ten (10) days after receipt of notice thereof and continuously prosecute the curing of the same to completion within ninety (90} days after the first occurrence of such violation or default; (iii) Tenant shall make a general assignment for the benefit of its creditors or shall file a petition for bankruptcy or other reorganization, liquidation, dissolution or similar relief; (iv) a proceeding is filed against Tenant seeking any relief mentioned in (iii) above and said proceeding is ~ot discharged within ninety (90) days of the filing thereof; (v) a trustee, receiver or liquidator shall be appointed for Tenant on a substantial part of its property; or (vi) Tenant shall mortgage, assign or otherwise encumber its leasehold interest. -3- 17.2 Following the occurrence of an Event of Default, the Landlord may, in its sole disc~eti6~,! ~;;and take p~ssession'of the Premises with or without terminating this Lease, and remove any property contained therein. In the-'event of such re-entry, Landlord shall have the right, but not the obligation, to divide or subdivide the Premises in any manner Landlord may determine, and to lease or let the same or portions thereof for such periods of time and at such rentals and for such use and upon such covenants and conditions as Landlord may elect in its sole discretion, applying the net rentals from such letting in any manner determined by Landlord. 17.3 A~y and all property which may be removed from the Premises by Landlord, pursuant to the authority of this Lease or of law, to which Tenant is or may be entitled, may be handled, removed or stored ~y Landlord at the sole risk, cost and expense of Tenant, and Landlord shall in ao event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay to Landlord, upon demand, any and all expenses incurred in such removal ~nd all storage charges against such property. Any such property of Tenant not removed from the Premises or retaken from storage by Tenant within sixty {60) days after the end of the Term shall be conclusively deemed to have been forever abandoned by Tenant and may either be retained by Landlord as its property or may be disposed of in such manner as Landlord may see fit in its sole discretion. 17.4 Tenant agrees, thaf if it shall at any time, fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord may, but shall not be obligated to, and after reasonable notice or demand and without waiving, or releasing Tenant from any obligation under this Lease, make such payment Or perfor~ such other act to the extent Landlord, in its sole discretion, may deem desirable, and in coD3aection therewith, to pay expenses and employ counsel. Ail sums so paid by Landlord and all reasonable expenses in connection therewith shall be payable within ten (10) days after delivery to Tenant of the invoice therefor. 17.5 Any payments required to be made by Tenant under the provisions of this Lease not made by Tenant when and as due, shall from the date when the particular amount became due to the date of payment fhereof to Landlord bear interest at the rate of fifteen percent (15%) per annum or the maximum lawful rate of interest allowed by law (whichever is lower). 17.6 Mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy, in law or in equity. Tenant hereby expressly waives any and all rights of federation granted by or under any present or future laws in the event of Tenant's being evicted or dispossessed for any cause, or in the event of Landlord's obtaining possession of the Premises, by reason of the violation by Tenant of any of the terms, covenants, agreements or conditions of this Lease or otherwise. Notwithstanding the aforementioned, Tenant shall pay all and singular the costs, charges, expenses, and attorneys' fees, reasonably incurred or paid at any time by the Landlord, including initial collection efforts and continuing through all litigation, appeals and any post-judgment execution efforts until fully satisfied, because of the failure of the Tenant to perform, com~ly with and abide by each and every of the terms, covenants, agreements and conditions of this Lease. 18. OUIET ENJO~T. If and so long as Tenant pays all charges payable hereunder and keeps and perfozm~ each and every term, covenant, agreement and condition herein contained on the part of Tenant to be kept and performed, Tenant shall quietly enjoy the Premises without hindrance by Landlord, subject to the terms, covenants, agreements and conditions of this Lease and of the Workout Agree~en~. 19. HOLDOVER TENANCY. If Tenant shall hold over after the expiration of the Term, at Landlord's option, Tenant may be.deemed to be occupying the Premises as a tenant from ~nth to month, which tenancy my be terminated by seven (7) days notice. During such tenancy, Tenant agrees to pay to Landlord, monthly in advance, Rent in an amount equal to $2000.00, ~nd to be bound by all of the terms, covenants, agreements and conditions herein specified. 20. AM~NDS~NT: WAIVER. This Lease constitutes the entire agreement between the parties regarding the occupancy of the premises. This Lease shall not be amended or ~dified except in writing signed by both parries. Failure of Landlord to exercise any of its rights in one or more instances shall not be construed as a waiver of Landlord's right to strict performance of such rights or as to any subsequent breach of any such rights. 21. NOTICES. A~I notices pursuant to this Lease shall be in writing and shall be effective when m~iled by Certified Mail (return receipt requested) or delivered (i) fo Tenant at Home Dynamics Corporation, , , Florida , Attn: ; (ii) to Landlord at the Premises with -4- a copy :o Mark P. Dikeman, Esquire, Stearns Weaver M£11er Weissler Alhadeff Sitt'erson, P.A., Suite 2200, Museum Tower, 150 West Flagler Street, Miami, Florida 33130; or iii) to such other addresses as may hereafte~ be designate~ by either parny by wrl~ten notice. 22. SEVERA~ILITY. The parules Intend this Lease zo be legally valid and enforceable in accordance with all of ins ~erms zo the fullest extent perm~ute= by law, If any term hereof shall be invalid or unenforceable, the parties ~cree that such uerm shall be stricken from this Lease, the same as if 1~ never had been contained herein. Such invalidity or unenforceability shall no~ extent uo any other term of this Lease, and the remalnmng terms hereof shall :onulnue ~n effect uo the fullest exten~ permitted Dy law, the same as if such stricken ~erm never had been contained herein. 23. SUBORDINATION. The rights of Tenant hereunder are and shall be sub]ec= an= subordinate to the rights, title and interests of City from time uo ulme un,er or pursuan~ :o the Workout Agree~ens or the quit-claim deed referred to unereln. This Section shall be self-operative and no further insurumen: of subordination shall be required by the City, but Tenant agrees upon recp/es= of Landlord. from time to ~l~e, :o execute whatever docu~en:atlon may be required tc further effect the provisions of this Section. 24. TIME. Time is of the essence of this Lease and applies to all =~rms and conditions contained herein. All "days" se~ forth in this Lease shall be deemed =o be "calendar days" unless specifically stated :o the contrary. 25 SUCCESSORS AND A~SS~GNS. All ter~s, provisions, covenants and conditions to be observed and performed by each par:y hereunder shall be applicable to and binding upon each such party's respective heirs, a~kninistrators, execu:ors, and permitted successors and assigns. All expressed covenan:s of this Lease shall be deemed to be covenants running with the land. 26 RELATIONSHIP OF PARTIES. Anything in this Lease :o the contrary notwithstanding, it is agreed that Landlord shall in no even: be deemed :o be a par:net or engaged in a joint venture with, o= an associate of Tenant in the co:duc= of its business nor shall Landlord be liable for any debts incurred by Tenans in the conduct of its business. Nothing contained in this Lease shall be deemed or construed =o confer upon Landlord any ln=eres= in the business of une Tenant. The relationship of the parties during the Term shai1 an all ulmes be that of landlord and se:an:. 27. W~VER OF T~/ALBYJURY. It is mutually agreed by and between Landlord and Tenant that the respective parties hereto shall and hereby DO WA~VETRI~ BY JURY in any action, proceeding Or co%L~terclaimbrought by eithe~ of the parties hereto against the other on any~aa=sers arising out of or in any way connected with this 28. APPLICABLE I~%W. This Lea~e shall be construed according to the laws of the State of Florida, within which the Premises are located. 29. RO :~ - - ~ ~OU. Landlord and Tenant each respectively represen=s and warran:s =o the other that no broker or agensnegotiated or was instrumental in negotiating or conaua~ating =his Lease, and each par=y hereto agrees :o indemnify the other against any loss, expense''(including reasonable a::orneys' feesl, cost or liability incurred by the other as a result of s claim by any broker or finder clai~ng by or through such par:y. S0. SURRENDER OF PR~4!SES. Except in the evens Tenant shall acquire the Prem±ses in accordance with the Sales contract, Tenant agrees ~o surrender =o Landlord, at the end of the Term, the Premises in as good condition as the Premises were at the Lease Commencement Date (or any later date upon which construction of the propose~ residence thereon shall have been co~leted), ordinary wear and :ear excepted. 31. ATTORNEYS' FEES. In the even: of any litiga:lon, mediation or other proceedings to enforce the :er~s of this Lease, the par~y nos prevailing in ~uch dispute shall pay any and all reasonable assorneys' fees and cosns incurred by the other par=y in enforcing or establishing its rights hereunder. 32. R~CORDING/M~24ORANDUM OF LEASE. At Landlord's requess a: any time during the Ter~, Tenant agrees to i~me~[ately joi~ 1~ a Memorandum of Lease in for~ and content satisfactory =o Landlord, which Memorandum, as Landlord's sole discretion, r~ay he recorded in the Public Records of Palm Beach County, Florida. In no even: shall this Lease or an~ ~e~orandumof this Lease be recorded.without Landlord's prior written consens, which consent shall be ~n the Landlord's sole -5- 33. RADON GAS~ Ra~6n is ~ n~u~ly occurring radioactive qas that, when it has accumulated in a ~uilding in sufficient quantities, may present health risks to p~r$ons who are exposed to it over time. Levels of radon that exceed federal and ~tate guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. IN WITNESS WHEREOF, the respective parties have s±gned, sealed and delivered this Lease on the date and year written below. WITNESSES: LANDLORD: FIRST UNION NATIONA~ BANK, a national banking association By: Vice President Dated: , 2000 WITNESSES: TEN;tNT: HOME DYNA~4IC$ CORPORATION, a Florida co~poration By: its: Dated: , 2000 -6- Requested City Commission Meetin~ Dates [] November 21, 2000 [] December 5, 2000 [] December 19, 2000 [] January 2, 2001 V-CONSENT AGENDA ITEM C.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORtw 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 Cormmssion Meetin~ Date_s [] Janua~j 16, 2001 [] February 6~ 2001 [] Februa~20, 200l [] 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 2I, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Adminis~ative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECO~I~IENDATION: To accept the State of Florida Department of Community Affairs proposed agreement to provide $50,000 in funding support for the City's Urban infill and Redevelopment Planning Grant application: EXPLANATION: The City's Neighborhood Project Specialist submitted a Planning grant application to the St[ate of Florida Department of Community Affairs for Urban Infill and Redevelopment Assistance for th~ Martin Luther King Boulevard Corridor. This grant application has been successfully awarded to the City. The State requires that an agreement be duly signed by both parties. PROGRAM[ IMPACT: The Martin Luther King Boulevard Corridor will benefit from the completion of this Plannlng Study because it will result in desired change in the community. The Planning Study will include a collaborative community participation process which alows for community input, including visioning before redevelopment occurs. FISCAL IMPACT: Not applicable. ' ALTERNATrVES: Not applicable. Daniel DeCarlo Neighborhood Projects Specialist Department Name ' C~t~ Manager's Signature City Attorney / Finance / Human Resources S:~BULLETINXFORMS~AGENDA ITEM REQUEST FORM.DOC Lamanna, Rosemarie From: Sent: To: Cc: Subject: Susan Fleming [Susan. Fleming@dca.state.fl.us] Wednesday, January lQ 2001 2:04 PM Lamanna, Rosemarie DeCarlo, Dan; Hawkins, Wilfred Urban Infill Redevelopment Planning Grant -Reply Yes 'mam--I am preparing the agreements and transmittal letters today, t will fix the contact person in your agreemenT, but may I include the city manager's name, instead of his title? My department likes to have a "real" name in that space! Thanks. Susan >>> "Lamanna, Rosemarie" <LamannaR@cbbmail.ci.boynton-beach.fl.us> 01/10/01 01:53pm >>> Our office reviewed the draft Agreement which you forwarded through Dan DeCarlo to Mayor Broening. understand from Dan that you are forwarding an original Agreement to us for signature. Would you please revise page 7, (1 } NOTICE AND CONTACT. (c) to read: City Manager, City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33425-0310 Telephone: (561) 752-6050 Fax: (561) 742-6011 Email: bressnerk@ci.boynton-beach.fl.us We are placing the agreement on the January 16, 2001, City Commission agenda. If you have any questions, please let me know. Thanks for your assistance. RESOLUTION R 0l- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A STATE FUNDED GRANT AGREEMENT FOR THE URBAN INFILL AND REDEVELOPMENT ASSISTANCE GRANT PROGRAM PLANNING GRANT, BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS AND TglE CITY OF BOYNTON BEACH IN THE AMOUNT OF $50,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach was approved for a planning grant in the u-nount of $50,000 £or Urban Infill and Redevelopment Assistance £or the Martin Luther King Boulevard Corridor; and WHEREAS, The City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to accept the Planning Grant and authorizes the Mayor and City Clerk to execute the Grant Agreement; NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH OF PALM BEACH COUNTY, FLORIDA, THAT: Section 1: The City Commission of the City of Boynton Beach, Florida hereby accepts the State of Florida Department of Commtmity Affairs Planning Grant in the amount of $50,000, for the City's Urban Infill and Redevelopment Assistance for the Martin Luther King Boulevard Corridor. Section 2: This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS ATTEST: City Clerk :ca/r esoGrants~lanning Grant- DCA-MLK Blvd.011001 DAY OF January, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner D[PARTMENT OF COMMUNITY AFFAIRS 'Dedicated ro making Florida a better place to ca!l nome ' Nowmber 22. 2000 CERTIFIED MAIL-R~TURN RECEIPT REOUESTED 'Uae Honorable Gerald Broer~ing lVlayor, C~iy of Boyr~ton B~ch I~ E~t Boynton ~ach BouJ~v~d Boyn~a Beach. Florida 33425 RE: Urba~ Infill and Redevelopment Assistance Gran! l~ogram-PI~ing Grant Dear Mayor Broening: lamplea~edtoletyoaknowtharyourCity'sapplicationfora larmm t ,.ruder L~e P g ~ Urban Infill R~velopmentAssh~nce Grant Prog~m ~s rccomm~ded for ~ndLag. I cung~ml~teyours~ffonprep~ing~ applica:ina ~at wi~ enable ~e sta~holdea m your a~ignat~d u~ i~fiU and r~vel~ment ~a to eng~e col~rative ~d hotistic pl~n~g process, it is our ~x~ct~ion that ~c ~suhing urb~ ~1 plan wiR, over the desired change ~ your community Your position in the f'~t~ding order ~,~d racommeaded award amount is ~ tho euclosed table. This f~ndJng, as w~ll ~ e~gib~, is subje~ m app,! m~d may ;h~ge foll~'~g ~ app~ ~ocess. You may requ~ ~ A~m~is~ive He~g ~ ~c~ce wi~h ~ enc~s~ No~ of Adm~tive ~. ~is r~u~st must be ~ wd~g ~d re~ived at ~e leRerhe~ ad,ess wi~ ~-one d~ ofr~eipt of~is leper. For ~is r~o~. ~e D~p~enr ~ot exec~e any W~men~ uniiF~l ap~a~, should ~e be ~y. have been r~lv~ ffno appeals are fil~d, you c~ expel grant aw~ds Io ~ made dung Dec~. .Susan Fleming of my staff is preparing t.h~ grant award for your signature anci will be ~ontanting )~u or your as.signed ~taff~o confirm t,~e specific details in the grant.,Should you bare ally questions, plt~ase call her at ($50) 922-6070 or e-mail her at susan.fleming~dca.state.fl.us. She is available to ~sist in any way n¢r~ssav~ zo ensue the grant agreement is successfully completed this fall . Thank ~ou ag .sin for your willingne.$s .so participate with, ~)'~'!'~arm~t in a new ~sismace program. We w~ yo~ good suocass m your efforts ~ revitalize your ur~an/~,, ~/y~ ; SM~'~f PAGE 83 Urban Infill and Redevelopment Assistance Planning Grants Applicant Points Miam//Mianai-Dade Ra~,ing County 251 St. Petersburg 24] Ft. Myers 229 3 Miami Beach 219 4 Hillsborough County 215 5 Ft. Pierce 213 6 County 2O6 7 205 Sar~ota 192 9 Melbourne 190 10 Ft. Lauderda/e 186 11 Boynton Beach 167 12 Lake Worth 165 13 Palm Beach County ' 162 14 Dania Beach 160 15 Manate~ Coumy ! 60 15 Wim~r Haven 1~5 122 17 A~lrd Amotmt $50,000 $50,000 $50,000 $40,000 $50,000 $50,000 $50,000 $50,000 $39,800 $50,000 $50,000 $50,000 $50 000 $50,000 $25,065 $25,O65 -0- Revised: December 19. 2000 DRAFT Contract Number: 01-UI-07-10-60-02-012 CFDANumber: NA STATE-FUNDED GRANT AGREEMENT FOR THE URBAN INFILL AND REDEVELOPMENT ASSISTANCE GRANT PROGRAM THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and the City of Boynmn Beach, a municipal corporation organized under the laws of FI0rida, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED iNTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills, k:nowledge, qualifications and experience To provide the services identified herein, and does offer to perform such services, and B. WHEREAS, the Department administers the Urban Infill and Redevelopment Assistance Grant Program and does hereby accept the offer of the Recipient upon the terms and conditions he!einafter set forth, and i C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds un~er this Agreement. ~ NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with its Urban Infill and Rs :~evelopment Assistance grant application (which is incorporated herein by reference as though it were fulli set forth herein) and the Scope of Work and Schedule of Deliverables, Attachment A of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment C. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties or Januar~ 1, 2001 whichever is later, and shall end December 31, 2001, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. (4) MODIFICATION OF CONTRACT; REPAYMENTS Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. All refunds or repayments to be made to the Department under this Agreement are to be 'nade payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs , Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with § 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee Of Fifteen Doltars ($15.001 or Five Pement (5%) of the face amount of the check or draft. (5) F~ECORDKEEPING (a) All original records pertinent to this Agreement shall be retained by the Recipient for three years following the date of termination of this Agreement or of submission of the final report, whichever is later, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5i000 or more at the time of acquisition shall be retained for three years after final disposition. 3. Records relating to real property acquisition shall be retained for three years after closing of title. (b) All records, including supporting documentation of all program costs, shall be su ficient to determine compliance with the requirements and objectives of the Scope of Work and Sc ledule of'Deliverables - Attachment A - and all other applicable laws and regulations. (c) The Recipient, its employees or agents, includin~ all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the cirOumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local Ume, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (6) REPORTS (a) At a minimum, the Recipient shall provide the Department with monthly reports, quarterly reports, and with a final report. (b) Monthly reports shall be made by telephone to the Department's contract administrator on or around the fifteenth of each month. Quarterly reports are due to be received by the Department no later than 30 days after the end of each quarter of the program year and shall continue to be Submitted each quarter until submission of the final report. The ending dates for each quarter of the program year are March 30, June 30, September 30 and December 31. (c) The final report is due 30 days after termination of this Agreement or upon completion of the activities contained in this Agreement. 3 (d) If all required reporcs and cop~es, prescribed above, are not sent to the Depar~men~ or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in baragraph (9). The Department may terminate the Agreement with a Recipient if reports are not received within 30 days after written notice by the Department. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Scope of Work and Schedule of Deliverables. (e) Upon reasonable notice, the Recipient shall provide such additional ~rogram updates or information as may be required by the Department. (7) MONITORING. The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met. the Scope of Work and Schedule of Deliverables is being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement. (8) LIABILITY. (a) Unless Recipient is a State agency or subdivision the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department. but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees To be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (9) DEFAULT; REMEDIES; TERMINATION. (a) If the necessary [unds are no[ available to fund this agreement as a result of action by Congress, the State Legislature, the Qffice of the Oomptroller or the Office of Management and 3udgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department m~y make any payments or parts of payments after the happening of any Events of Default without mereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1, If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if thelRecipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling [o meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the ReCipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse / change within thirty (30) days from the time the date written notice is sent by the Department. 3. If any reports required by this Agreement have not ~een submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4, If the Recipient has failed to perform and complete in timely fashion any of the ser¢ices required under the Scope of Work and Schedule of Deliverables attached hereto as Attachment A. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or 'nora of the following remedies, either concurrently or consecutively, and the pursuit of any one of the 5 following remedies shall not preclude the DePartment from 2ursuing any other remedies contained herein or otherwise ~rovided at law or in equity: 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States maiL, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to [ne address set forth in paragraph (10) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 4 Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non- compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from ~ncurring costs for any activities in question or reauirin~ the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 5. Exercise any other rights or remedies which may be otherwise available under law; (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject To disclosure under Chapter 119, Fla. Stat., as amended. (d) Suspension or termination constitutes final agency action under Chaeter 120, Fla. Stat.. as amended. Notification of suspension or ~ermination shall include notice of administrative hearing rights.and time frames. (e) The Recipient shall return funds to the Department if found in non-compliance with laws, rules, regulations governing the use of the funds or this Agreement. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue ~fany breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. (10) NOTICEAND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by ha~d delivery, or first class, certified mail, return receipt requested, to the representative identified below at ihe address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Department contr¢ct administrator for this Agreement is:i Susan Fleming Acting Program Administrator 2555 Shumard Oak Boulevard Tallahassee, Florida 32319-2100 (850) 922-6070 Fax:(850) 488-7688 E-mail:susan.fleming@dca.state.fl.us (c) The name and address of (he Representative of the Recipient responsible for the administration of this Agreement is: Dan DeCarlo, Neighborhood Projects Specialist 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425~0310 Telephone: (561) 742-6028 Fax: (561) 742-6089 Email: decaldod@ci.boynton-beach.fl.us (d) in the event that different representatives or addresses are designated by either party after execution of th s Agreement, notice of the name, title and address of the new representative willlbe rendered as provided in (10)(a) above. (11) OTHER PROVISIONS. (a) The validity of this Agreement is Subject to the truth and accuracy of all the infc~rmation, ~epresentations, and materials submitted or provided by the Recipient in this Agreement, in anN subsequent submission or response to Department request, or in any submission or response to fulfill the !requirements of this Agreement, and such information, representations, and materials are 7 incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the r~lease of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invaridate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, [ransportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real properly to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a-period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) With respect to any Recipient which is not a local government or state agency, and which receives funds under this agreement from the federal government, the Recipient certifies, to the best of its know[edge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a three-year period preceding this proposal been convicted of or !had a civil judgment rendered against them for commission of fraud or a criminal offense in connection wi~h obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract un,der public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making fa[se statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) wit~ commission of any offenses enumerated in paragraph 11 [g)2. of this certification; and 4. have not within a three-year period preceding this agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this agreement. (12) AUDIT REQUIREMENTS. (a) The Recipient agrees to maintain financial procedures and support documents, in aCCordance with generally accepted accounting principles, to account for the receipt and expenditure of fur~ds under this Agreement. (b) These records shall be available at ail reasonable times for inspection, review, or audit by state personnel ano other personnel duly authorized by the Department. "Reasonable" shall oe 9 construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a,m. To 5:00 2.m., ocel time, Monday through Friday. (c) The Recidient shall also provide the Department with the records, reoorts or financial statements upon reques~ for the purposes of auditing and monitoring the funds awarded under this Agreement, (d) in the event that the Recipient expends a total amount of State awards (i.e., State financial assistance provided To recipient to carry out a State project} from all state sources equal to or in excess of $300,D00 in any fiscal year of such Recipient, the Recipient must have a State single or project- specific audit for such fiscal year in accordance with Section 216.3491, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller. and Chapter 10.600, Rules of the Auditor General In determining the State awards expended in its fiscal year, the Recipient shall consider all sources of State awards, including State funds received from the Depadment. except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. The funding for this Agreement,was received by the Department as a Grant and Aid appropriation. 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including Corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. The complete financial audit report, including all items specified in (12)(d) 1 and 2 above, shall be sent directly to: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and State of Florida Auditor General Attn: Ted J. Sauerbeck 10 Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 5. In connection with the audit requirements addressed in (d) above, the Recipient shall ensure that the audit complies with the requirements of Section 216.34.91 (7), Florida Statutes. This includes submission of a reporting package as defined by Section 216.3491(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 6. If the Recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 216.3491, Florida Statutes, is not required. In the event that the Recipient expends less than $300,000 in State awards in its fiscal year an~l elects to have an audit conducted in accordance with the provisi.ons of Section 216.3491, Florida Statutes, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be pai~ from recipient funds obtained from other than State entities). (e) In the event the audit shows that the entire funds disbursed hereunder, or any portion theleof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held lial~le for reimbursement to the Department of mil funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the ReCipient of such non-compliance. (f) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the · expliration of the three-year period, the records shall be retained until the litigation or audit findings have bee!n resolved. (g) The Recipient shall have all audits completed in accordance with 216.3491, Fla. Stat. by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, .Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. (13) SUBCONTRACTS. 11 (a) If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within thirty (30) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations, aha (ii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out o'f the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (14) TERMS AND CONDITIONS. This Agreement contains all the terms and conditions agreed upon by the parties. (15) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict beiween the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency, (c) This Agreement has the following attachments: Attachment A: Scope of Work and Schedule of Deliverables Attachment B: Special Conditions Attachment C: Rules and Regulations (16) FUNDING/CONSIDERATION .(a) This is a fixed-fee Agreement. As consideration for performance of work rendered under this Agreement, the Department agrees to pay a fixed fee of up to fifty thousand dollars ($50,000). Payment will be made in accordance with the provisions of Attachment A (Scope of Work and Schedule of Deliverables), subject to the availability of funds. (17) STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions: ' (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. 12 (b) If otherwise allowed under this Agreement, the Agreement may be renewed on a Yearly basis for a period of up to two (2) years after the initial agreement or for a period no longer than the term of the original agreement, whichever period is longer, specifying the terms under which the cost may change as determined in the invitation to bid, request for proposals, or pertinent statutes or regulations. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with s. 112.061, Fla. Stat. (e) The Department of Community Affairs reserves the ~ight to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, tetters or other ma!erial subject to the provisions of Chapter 119, Fla. Stat., and ma~e or received by the Recipient in conjunction with this Agreement. (f) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract ameunt. (g) The State of Florida will not intentionally award publicly-funded contracts to any cortractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellatien of this Agreement by the lDepartment. (18) STATE LOBBYING PROHIBITION. No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or an~ other oMcial action by the Florida Legislature or any state agency. (19) LEGAL AUTHORIZATION. 13 The Recipie~ certifies with respect to this Agreement that it possesses the legal authority [o receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, Dy resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority ~o legally execute and bind Recipient to the terms of this Agreement. IN WITNESS WHEREOF, the oarties hereto have caused this contract to be executed by [heir undersigned officials as duly authorized DEPARTMENT OF COMMUNITY AFFAIRS An Agency of the State of Florida CITY OF BOYNTON BEACH A Municipal Corporation Qrganized under the Laws of Florida BY: BY: Joseph F. Myers, Director Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Gerald Broening, Mayor City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 DATE: DATE: FtD# 59-6000-282 14 Attachment A: Scope of Work and Schedule of Deliverables Urban Infill and Redevelopment Assistance Grant Program BACKGROUND Tolreduce urban sprawl and to keep core urban areas fiscally strong, the Florida Legislature created the Urban Infill and Redevelopment Assistance Grant Program. The program provides for planning and mplementation grants to local governments to redevelop an¢ revitalize distressed urban areas. Funds are te be used to develop collaborative and holistic urban infill and redevelopment plans and to implement arojects located within designated urban infill and redevelopment areas, pursuant to ss. 163.2511 - 16§.2526, Fla. Stat. The goal of the Recipient's planning process is to effect change in the the Urban Infill and Redevelopment Area over time, based on a comprehensive analysis of the factors underlying me need or desire for change, as well as the means by which such change can be implemented. DESCRIPTION OF PLANNING PROCESS in its application, the Recipient 3roposed and documented an Urban Infill and Redevelopment Area (UIRA) that meets the statutory requirements for the purposes of this grant program. Further, through a ,. co~npetitive selection process, the ReCipient s ,application for an Urban Infitl and Redevelopment planning grant was recommended for funding. With the funds in this Agreement, the Recipient agrees to undertake a collaborative and holistic planning process for its UIRA. The planning process will include the following elements: 1. A description of a holistic and collaborative community participation planning process which allows for community input, including visioning, before redevelopment occurs. The collaborative process should result in a plan that contains goals, objectives, projects and activities that address solutions to ne!ghborhood problems and offer opportunities to improve the quality of life in the designated area. The pr4cess should create both short-term and long-term goals and objectives so that residents can see some successes in the short term while continuing to pursue and achieve long-term goals. 2. Identification of activities and programs to accomplish locally identified goals such as code en 'orcement; improved educational opportunities; reduction in crime; neighborhood revitalization and pn ~servation; provision of infrastructure needs, including mass transit and multi-modal tinkages; and mi (ed-use planning to promote multi-functional redevelopment to improve both residential and co ~meroial quality of life. 15 3. Demonstration of local government and community commitment to comprehensively address the urban oroblems within the Urban Infill and Redevelopment Area. 4. Identification of ways or incentives to keep ~-esidents active]y involved in the implementation of projects after developing the plac 5 A map depicting the geographic area or areas to be included in the designation. 6, Confirmation that the infill and redevelopment area is within an area designated for urban uses in the local government con" ~rehensive plan. 7. A map of any existing enterprise zones, community redevelopment areas, community development corporations, brownfields, downtown redevelopment districts, safe neighborhood improvement districts, historic preservation districts, empowerment zones, or enterprise communities located within the area proposed for designation as an Urban Infill and Redevelopment Area. There must also be a framework for coordinating urban infill and redevelopment programs within the urn)an core. 8. A memorandum of understanding ~)etween the district school board and the local government regarding public school facilities located within the Urban Infill and Redevelopment Area, to identify how the school board will provide priority to enhancing public school facilities and programs ~n the designated area, including the reuse of existing buildings for schools within the area. 9. Narrative that identifies each neighborhood within the proposed area, community preservation and revitalization goals, projects identified through a collaborative and holistic community participation process, and how projects will be implemented. 10. Narrative that identifies how the local government and community-based organizations intend to implement affordable housing programs in the Urban Infill and Redevelopment Area, including, but not limited to, economic and community development ~rograms administered by state and federal agencies. 11. Narrative identifying strategies for reducing crime. 12. If applicable, guidelines for adoption of land development regulations specific to the Urban Infill and Redevelopment Area which includes for example, setbacks, parking requirements, design codes, streetscapes, sidewalks, and building facades. 16 13. A map and identification of existing transportation concurrency exception areas, and any relevant public transportation corridors designated by a metropolitan planning organization in its long- range transportation ~lans or Dy the local government in its comprehensive plan for which the local government seeks designation as a transportation concurrency exception area. For those areas, aescribe how public transportation, pedestrian walkways, and bikeways will be implem~ented as an alternative to increased automobile usage. 14. Identification and adoption of financial and local government incentives which the local government will offer for new development, expansion of existing development, and redevelopment within the designateo area. Examples of incentives include: waiver of license and permit fees; waiver of local option sales taxes; expedited permitting; waiver of delinquent taxes or fees to promote the return of property to productive use; lower transportation impact fees for development which encourages higher use of public transit, pedestrian, and bicycle medes of transportation; prioritization of infrastructure spending in the urban infill and redevelopment area; and local govemment absorption of a developer's concurrency costs. 15. Identification of how activities and incentives in the area will be coordinated and what mechanism the local government will use for the coordination. 16. Identification of how partnerships with the financial and business community will be developed. 17. Identification of the governance structure that the local government will use to involve community representatives in the implementation of the plan. 18. Identification of performance measures to evaluate the success of the local government in implementing the urban infiil and redevelopment plan. This shall include the establishment of baseline data and the identification of indicators that will be used to measure neighborhood change. TASKS The Recipient will prepare a work plan that lays out the tasks, milestones, and schedule for completion of the~ Urban thrill and Redevelopment planning process. The work plan shall be the mechanism for determining on-time performance of the Recipient. The work plan can be amended by mutual agreement between the Department's contract administrator and the Recipient. ~7 The Recipient will prepare qua. rterly reports that provide a narrative describing the work undertaken in the quarter, an analysis of the percentage of work completed, any obstacles that delayed meeting a milestone that occurred during the quarter, what actions were taken to overcome the obstacles, ana any -good news" or success stories resulting from the planning activities. Quarter end dates are March 3(3. June 30, September 30 and December 31. The quarterly reports can be enhanced with photographs and may be sent to the Department's contract administrator by e-mail or hard copy. Inform. al monthly repor[s will be made to the Department's contract administrator by telephone on or around the 15tn of the month. Schedule of Deliverables Deliverable Due Date Payment 1 Delivery and approval of due on or before $25,000 work plan 30 days after execution of Agreement Delivery of Documentation on Establishment and lS' Meeting of Stakeholders due on or before June 15, 2001 $25,000 Delivery of Urban Infill and Redevelopment Plan due on or before December 31, 2001 TOTAL $50.000 18 Attachment B: Special Conditions The Recipient agrees to develop and engage in a collaborative and holistic community participation process in which stakeholders are actively involved in the decision-making process of designing and implementing the Urban lnfill and Redevelopment Plan. This process includes a visioning of the area before redevelopment decisions are made. The Recipient agrees to employ a governance structure that engages and shares the decision- making for designing, developing, and implementing the Urban tnfill and Redevelopment Plan. Public meeting notices and promotional materials will be sent to the Department's contract administrator and to the Department's Division of Community Planning. The Recipient agrees to adopt the completed Urban Infill and Redevelopment Plan by ordinance and to amend its Local Comprehensive Land Use Plan to include the boundaries of the UIRA should it choose to pursue an implementation grant under this program. The completed Urban Infill and Redevelopment Plan will be submitted to the Department and will constitute the Final Report. Should the; planning process undertaken by the Recipient not result in an Urban Infill and Redevelopment Plan, Section (9): Default; Remedies; Termination of this Agreement shall apply. 19 Attachment C: Applicable Statute and Rule 1. Rule Chapter Number 9B-69, Florida Administrative Weekly: Urban Infi!l and Redevelopment Assistance Grant Program 2. 163.2511, Florida Statutes 2O V-CONSENT AGENDA i'TEM D.1. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR2v R~quested City Conmaission Date Final Form Must be Tumed Requested City Commission Meetine Dates _. in to City Clerk's Office Meetin= Dates [] November21,2000 Novemberg. 2000 (S:00p.m.) [] January16,2001 [] De~ember5~2000 November22,2000 (5:00p.m.) [] February6,2001 [] De~ember 19, 2000 December 6. 2000 (5:00 p.m.) [] February 20. 2001 [] January2,2001 December20.2000 (5:00p.m., -~ March6,2001 i [] ^dmlnisnative [] NATURE OF [] Consent Aganda [] AGENDA ITEM [] Public Hearing [] i [] Bids [] [] Announcement [] Date Final Form Must be Turned in to City Clerk's Office lanuary 3, 2001 (5:00 p.m.) Ianuary 17, 2001 (5:00 p.m.I February 7, 2001 (5:00 p.m3 February 21, 2001 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place this request on the January 2, 2001 City Commission Agenda under Cousent- Ratification of planning and Development Board action. The planning and Development Board recommended with a 3-2 vote tlmt the request be approved, subject to the inability of the owner of the subject property to acquixe and assemble the the ~ ~m~, um 10 feet of frontage from the adjacent property in order to make fine subject lot conforming. The failed attempt must b~ documented in writing, notarized and include reason for failure. Failure cannot be attributed to asking price if equal to or b~low reasonable (e.g. fair market) value. For furdaer details pertaining to the request, see attached Department of Develooment Memorandum No. PZ 00-359. ? EXPLANATION: PROJBCT NAMe: AGENt: OWNER: LOCA~2ION: DESCRIPTION: PRO~RAM IMPACT: N/A n CXL ha, ACT.. N/A ALTERNATIVES: N/A Gayhart Variance - Lot 37, Block 3, (Lake Addition to Boyntan) N/A Susan Gayhart 711 N. E. 9m Avenue Request relief from Chapter 2, Zoning, Section 11.1.C.1 m allow constmefiun of a single family home on a nun-conforming lot in R-1-A zoning diswict Planning and Zoning ~i~etor Development Depam~e~nt Director City Manager's Approval to place on Agenda for discussion. Legal Department to review advisability/enforcement of Planning and Development recommendations. City Manager's Signa~e"-~ City Attorney / Finance / Hlunau Resources SABULLETIN~ORMSXAGENDA 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 Worth, FI 33463 DATE OF HEARING-RATIFICATION BEFORE CITY COMMISSION: January 02, 2001 TYPE OF RELIEF SOUGHT: Zoning Code Variance - Single-family on non-conforming lot LOCATION OF PROPERTY: 711 NE 9t~ 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: OR THIS MATI'ER came on to be heard before the City Commission of the City bf Boynton Beach, Florida on the date of headng stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations, The Applicant 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 Projeqt 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. DEEARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITJES Comments: None FI E Comments: None POI~ICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PAI~S 2~qD RECREATION Comments: None FOI~STER/ENVIRONMENTALIST Comments: None PLYING AND ZONING Corcments: 1) The applicant must exhaust in good faith the possibility of X pumhasing 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 eoutd not occur and the specified reasons for failure. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1) The 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 conformity. This purchase attempt could be verified by a signed/notarized stat&ment from the subject property owner documenting that a sales transaction could not occur and the specified reasons for failure. Failure cannot be attributed to asking price if equal to Or below reasonable qe.g. fair marke0 value. ADDITIONAL CITY COMMISSION CONDITIONS Page 2 Auto Zone File No.: NWSP 98-007 DEPARTMENTS 2. To be determined. MWR:arw S:\PLANNING~SHARED\WP~PROJECTS'J-OT 3~' BLOCK B .-AKE ADDITION TO BOYNTON\\COND. OF APPR P&D,DOC INCLUDE REJECT 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 Fi,le No: ZNCV 00-019 - Single-family building on a non-conforming lot- Location: 711 NE 9"' Avenue, Lot 37 Block 3 of Lake Addition to Boynton OWner: Susan Gayhart Project: Gayhart Variance (a.k.a. Lot 37, block 3) Variance Request: 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 Tl~e subject property is part of a development known as Lake Addition to Boynton that was plMted in 1925 and partially zoned R-l-A, single-family residential. The typical lot was 50 feet wide 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 generally bounded on the north by NE 10tn Avenue, on the south by NE 7~ Avenue, on the east b f the Intracoastal waterway, and on the west by a platted alley located about 100 feet east of .S. Federal Highway (see Exhibit "A' - Location Map). T ~ere currently exists 77 parcels within the subject area zoned R-l-A, 38 of them still vacant, ir cluding 21 substandard lots which are those lacking the minimum width of 60 feet. Of the d .~velopedparcels, seven (7) were built on the original 50-foot wide lots, and three (3) of them id received variances against the minimum lot area requirement; staff was unable to determine the basis for allowing construction of the other four (4) lots since they were built between 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. The five (5) variances mentioned herein were granted between 1980 and 1986. ANALYSIS l';e code states that the zoning code variance can not be approved unless the board finds the lowing: 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. Page 2 Lot 37 Block 3 Variance Staff Report Memorandum No. PZ 00-359 That granting the va/~iance requested wi//not confer on the applicant any special privilege that is denied by this ordinance to other/ands, buildings, or structures in the same zoning district. That literal 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/and, 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 zoning code causing a large aumber 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 law 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 issuance 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 variance 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; 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 10t in Apdl 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 (Ordinance 78-5), ant subsequent amendments adopted in 1981 (Ord. 81-30), in 1983 (Ord. 83-38), and in 1988 (Or~ 88-17). Staff concurs with..the applicant's responses to items "A" anc~ "D" from the above-mentioned criteria (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, Mm. Dina L. Castellano, who expresses her willingness to sell ten (10) feet from her one-hundred (100) foot wide lot which would bdng the subject lot into conformance with code regulations. This transfer of property could only occur if the source property remained in compliance with setback regulations. With respect to item "c", staff concurs with the applicant's response since other similar variances have ~3een previously approved, therefore earning her the dght to receive equal treatment. 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 others were still all owned by Fairway Isle, Inc.; the owner (of the company) acknowledged in writing that the permit was issued based on the particular provision of the non-conforming regulations that reads: "No more than one (1) 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 single-family house: Furthermore, the applicant also acknowledged that any other adjacent non-conforming lot owned by them wilt therefore be at risk of being denied a bUilding permit. With respect to the applicant's response to item B, staff recognizes that the company was obliged to make the purchaser of the subject lot, Mm, Gayhart, aware of the non-conforming s~atus of the parcel and the related consequences. Therefore, staff cannot concur with the applicant's response to item B. CONCLUSIONS/RECOMMENDATION Based on the analysis contained herein, staff offers the following conclusions: I -There is the assumption that when the development was ;)latted 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; 21-The 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 vadance application. Based on that premise, the City granted five (5) similar requests in the 1980's; 31-There are two conflicting positions regarding the development of this parcel: 1) the iopponents 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 i variance claim that a smaller house is preferable over an empty lot which can also be a , detriment to the area if debris and vegetation are not controlled; 4i -Staff recognizes that by approving this variance request a precedent wilt be set that could support 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 s;~me 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 thi~ variance request to allow construction of a single-family house on a non-conforming lot zoned R-1-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 bdng 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 Reques~d Ci~ Comm~smon Meeting Da~s [] Novemb~ 21 2000 [] December 5, 2000 [] Decemberlg.2000 [] January2. 2001 NATUIIEOF AGENDA ITEM V-CONSENT AG ENDA ITEM D.2 .CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City Cormmission in to City Clerk's Office Meelin~ Dates November9,2000 (5:00p.m.) [] January l6. 2001 November 22. 2000 (5:00 p.m.) [] February 6. 2001 December 6. 2000 (5:00 p.m.) [] February. 20. 200 I December20.2000 (5:00p.m.) [] March6.2001 [] A dminigtI~tive [] [] Consent Agenda [] [] Announcement [] 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 ~.m./ Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place this request on the January 2, 2001 City Commission Agenda under Consent - Ratitication of planning and Development Board action. The Planning and Development Board with a unanimous vote recommends 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 proper~y to include various site maProvements related to appearance, security, and ameniUes. For further details pertaining to the request, see attached Depar~ent of Development Memorandum No. PZ 00- 351. EXPLANATION: PROJECT NAME: AGENT: OWNER.: LOCATION: DESCRIFrlON: 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, It. 16. a. (21., requiring a minimnm parking space ratio of 2 spaces per unit, to allow a reduction of 84 spaces or a 1 space per unit variance. PROGRAM IMPACT: N/A FISCAiL IMPACT: N/A ALTERNATIVES: N/A Planning and Zaningq~irector 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's sigantor"/~~ Development Dopat~ne~ht Director City Attorney / Finance / Hnman Resources 1 * 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 t~ammerude / 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" A'CI'ACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant 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 ~lncluded". 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 "C" Conditions of Approval Project name: Boynton Terrace File number: ZNCV 00-020 (parking reduction) Reference: Zonin Code Variance Application dated November 16 2000. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UT[LIT[ES Cdmments: None FIRE COmments: None POLICE COmments: None ENGINEERING DIVISION C6mments: None BUILDING DIVISION C6mments: None PARKS AND RECREATION COmments: None I FORESTER/ENVIRONMENTALIST Comments: None I PL)RqN1NG AND ZONING C6mments: None ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS I 1. i The applicant being awarded a grant fi.om 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 [ features such as columns and landscape. I . c) All remaining parking areas be resurfaced; I ~ d) Add quality outdoor recreation/playground area to the project; and ~l e) Ail multi-family unit buildings shall be renovated; at a mmimum,½o [ provide a replacement of materials in disrepair, and a new coat ot , paint. . 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. MWR:arw $:\PLANNING'~SHARED~WF~PRO J ECTS'~OyNTON TERRACE APTS. (ZNCV)~CON~D, OF APPR P&D.DOC /NCLUDE REJECT DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 00-351 VARIANCE REVIEW STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION December 06. 2000 Meeting Date: December26. 2000 Fi,le No: ZNCV 00-020 -Total of parking spaces reduction Lecation: 700 North Seacrest Boulevard OWner: Boynton Associates, Ltd. Project: Boynton Terrace V~riance Request: 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 I space per unit variance. BACKGROUND The 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 ~total of 90 units. The complex was developed in three sections: a western section containing five (5) single-family units, located west of NW 1st Street; a central section containing a single- family unit and 36 multi-family units, located between NW 1't Street and Seacrest Boulevard; a~d an eastern section containing 47 multi-family units, located east of Seacrest Boulevard. T~e requested relief is to affect both the central and eastern sections located at either side of Seacrest Boulevard, and includes 84 units. (See Exhibit "A" - Location Map, including Survey). Ail !he improvements were built in compliance with the then existing code regulations for R-3 zomng districts, more specifically related to parking requirements. Said improvements are also in 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 allocated for residential use, and 5 for office use. The applicant is requesting relief from the zqning regulations to reduce the total parking spaces by 84 spaces, resulting in a ratio (2) spaces per unit code to one r~duction from the two required by (1) space per unit. T~is request is being submitted in hopes of raising the point value of this competitive application tc~ the Flodda Housing Finance Corporation for funding to rehabilitate the existing residential units, and provide both landscaping enhancements and a new clubhouse. Additional points are obtained from a local government contribution, which in this program, is represented by a rllief from parking space requirements. A~:cording to the applicant, the parking reduction contribution is calculated based on the actual cost 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-!-A and R-2; South - Residential properties zoned both R-!oA 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: 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. Co 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 literal interpretation of the provisions of this ordinance would depdve 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 vadance will not be injurious to the area involved or otherwise detrimental to the public welfare. Page 3 Boynton Terrace Variance Staff Report Memorandum No. PZ 00-351 Based on the applicant's ?esponse 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. Siaff realizes that the subject development is located within an area that has been classified as bl!ghted and therefore included in the Community Redevelopment Area. Also, staff recogmzes 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 "f' 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: 1i- About 40 % of the residents have one (1) car per household; there is an unknown number i of two-car household; 2i- Approximately 60 % of the residents utilize public transportation. T~vo (2) Palm Tran bus stops located alon,,g, .Seacrest Boulevard directly serve the development a~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 dudng peak pedods. Staff sqrveyed the parking area on several occasions and observed a total of 39 care parked on the site on Thursday, December 7, at 2:00 p.m., 47 care in the project on Sunday, December 10, at 9:~30 am, and concludes that the total number of care observed indicates that about 42 % of the re~sidents 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 a~ walking, biking or public transportation. According to the 1990 Census, the project is located in Census Tract 61.00, which is bounded .athe 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 tract, which was also the average for the entire City. Of the 1,575 households in the tract, 16.6 %1 had no vehicle, and each had an average household size of 2.91 persons. Of the 1,946 w~rkers 16 years and older residing in the entire tract, 0.5 % reported dding public t0 insportation. S afl also surveyed other municipalities to determine parking requirements for similar assisted p~ iblic housing projects in multi-family zoning districts. Information from only one municipality (in Canada) was obtained, which requires one (1) parking space per dwelling unit in a t¢ wnhouse/multi-family district, and one (1) space per unit in an apartment/commercial distdct in the same municipality. No local municipalities offer any similar parking provision. However, it is noteworthy that the City regulations allow for a 50 % parking space reduction in the CBD, (( ;entral Business District), which is within the CRA district, Community Redevelopment Area. CONCLUSIONS/RECOMMENDATION Slaff is required to review this request solely against the traditional criteda 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 applicants' intent to provide a higher living Page 4 Boynton Terrace Variance Staff Report Memorandum No. PZ 00-351 standard deserves medt; 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 offers 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 pmposec number of parking spaces (84) appears to sufficiently satisfy currant parking demands; 4- The subject request would further Visions 20-20 goals and objectives (Goal 4) to encourage neighborhood revitalization; and Normally, staff would racommend code modifications when they over ragulate typical conditions; however, the subject grant application, and therefore the blighted ~)roperty would only benefit by vadance relief rather than a parking reduction through a code amendment. No conditions of approval are indicated at this time. However, if the Board racommends 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; 2- A perimeter/security fence or wall be constructed with decorative features such as columns and wall landscape; 3- All remaining parking areas be resurfacad; 4- Add quality 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 disrapair, and a new coat of paint. All requirad conditions will be included in the Exhibit "C" - Conditions of Approval. MR/dim Requested City Commission Meetin~ Dams [] NoVember 21. 2000 [] Derember 5. 2000 [] Del:ember I9, 2000 [] January 2. 2001 NATU[RE OF AGEN~I)A ITEM V-CONSENT AGENDA ITEM D.3. CITY OF BOYNTON BEAC[ AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City Commission m to City Clerk's Office Mectin= Dates November9,2000 (5:00p.m.) [] January 16.200l November 22, 2000 (5:00 p.m.) '-] February 6, 2001 December 6. 2000 (5:00 p.m.) .~ February 20, 2001 December 20, 2000 (5:00 p.m.) [] March 6. 2001 [] Administrative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Announcement [] Date Final Form Must be Turned ~n m Citw Clerk's Office January 3, 2001 (5:00 p.m.j January 17, 2001 (5:00 p.m.j February 7, 2001 (5:00 p.m.) February 21, 2001 (5:00 p.m. Development Plans New Business Legal Unfinished Business Presentation RECO~V[ENDATION: Please place this request on the January 16, 2001 City Conmnssion Agenda under Consent- Ratification, of Planning and Development Board action. The Planning end Development Board with a 7-0 vote nwnimously recommended that the subject request be approved subject to staff comments and the addition of comment #22 which prevents d~v?opment of the buffer, easements and other open areas along the west and north sides of the project. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 00-339. EXPL PROJt AGEN OWNt LOCA DESC] kNATION: CT NAME: R: FION: [iPTION: ALTA CHASE (WOOD PARTNERS) WOOLBRIGHT PLACE PUD Kilday & Associates, [nc. Wood Partners The west side of SW 8z Street, approximately 1/8 of a mile north of Woolbright Road. Request for new site plan approval m conswact a 216-unit aparunent complex with clubhouse. recreation amenities and other related improvements on 14.1 ~ acres of the Woolbright Place PUD. PRO(] RAM IMPACT: FISCJ L IMPACT: ALTE ~ATIVES: N/A N/A N/A Devel~p~me~t D'¥artment DhXector ~ntre City Attorney / Finance / Human Resources 7.A.2 ALTA CHASE (WOOD PARTNERS) NEW SITE PLAN DEVELOPMENT DEPARTMENT MEMORANDUM NO, PZ 00-339 SITE PLAN REVIEW STAFF REPORT PLANN, lNG AND DEVELOPMENT BOARD AND CITY COMMISSION November 20, 2000 DESCRIPTION OF PROJECT PrOject Name/No.: Alta Chase 0Nood Partners)/NWSP 00-017 Prqperty Owner: Applicant/Agent: Nicholas Pisco, Trustee First Baptist Church of Boynton Beach Wood Partners (contract purchaser)/Kilday & Associates, Inc. LoCation: The west side of SW 8TM Street, approximately 1/8 of a mile north of Woolbdght Road Land Use/Zoning: Existing: Proposed: Local Retail Commercial (LRC)/Planned Commercial District (PCD) High Density Residential (HDR)/Planned Unit Development (PUD) Type of Use: Multi-family Residential Project size: Site Area: Total Master Plan Area: No. of Units: No. of Buildings: Floor Area: Density (entire PUD) Density (net): 14.18 acres (617.580 square feet) 80.36 acres (3,500,482 square feet) 216 9 279,645 square feet 10.75 duJac. 15.2 du./ac. Adjacent Uses: (see Exhibit "A"- Location Map) North Tracts B and E. Woolbright Place, zoned Planned Unit Development (PUD); South Shoppes of Woolbright/Cracker Barrel Restaurant, zoned Planned Commercial Development (PCD); East Right-of-way for S.W. 8~n Street; farther east Gables (a.k.a. Vinings at Boyn[on Beach) multifamily residential developmen[, zoned Planned Unit Development (PUD) and Shoppes of Woolbright Retail Center, zoned PCD; and West L.W.D.D. E-4 Canal: farther west Leisureville, Sections 3 and 9, single family residential developments, zoned R-l- AA. Single Family Residential District (PUD). Page 2 Alta Chase/Wood Partners - Site Plan Review Staff Repor[ Memorandum No. PZ 00-339 Site Characteristics:The subject 14.18 acre parcei constitutes Tract "F" of the Woolbright Place Plat 1 and is currently vacan[. The site is vegetated with a mixture of shrub, native as well as exotic and nuisance trees, and herbaceous weedy species. Native trees (predominantly slash p~nes anc other native pines) prevail; mos[ [ree ano palm vegetation is situated in the central area of the parcel. Existing easements consist of a 30-foot wide Florida Power and Light (FPL) easement that extends along the western and northwestern property lines, a 20-foot wide drainage easement at the northwestern property line and a utility easemen[ that extends along the eastern boundary of the parcel, A Preliminary Environmental Assessment, provided by the applicant, indicates sightings of gopher tortoises. The gopher tortoise is listed as a Species of Soecial Concern by the Florida Fish and Wildlife Conservation Commission (FFWCC), and needs to be relocated off-site prior to issuance of the FFWCC permit. Proposal: The developer proposes lo construct 216 rental apartments in nine (9) buildings on 14.18 acres. Each building will be three (3) stories high; six (6) of the ouildings wi contain a mix of one and two-bedroom units and the remaining three buildings, a mix of two and three-bedroom units. Parking will be provided using surface lots and nine (9) parking garage structures. Proposed recreation amenities include: a 3,915 square foot, one-stoW recreation building (which also accommodates a leasing office); a swimming pool; picnic area; pitching and putting green area; and two green "Quiet Areas" with benches, of which one is currently shown on the submitted site plan. Roofed shelters are provided for the picnic area and the putting green area (see Exhibit "B" - Proposed Site Plan). The project also features a separate mail kiosk. If the corresponding application for land use amendment and rezoning/master plan modification is approved, the net density of the proposed project is 15.2 dwelling units per acre. The project would be one of the four (4) residential pods of Woolbright Place PUD, with net densities ranging from 4.8 dwelling units per acre in the approved duplex pod to 16.8 dwelling units per acre ~n Gables (Vinings). The gross density for the Woolbdght Place PUD is 10.75 dwelling units per acre, or just below the 10.8 dwelling units per acre maximum permitted for the High Density Residential (HDR) land use. The approval of the land use amendment and rezoning/master plan modification application is required as a condition of site plan approval (see Exhibit "C" - Conditions of Approval): Concurrency: a. Traffic- A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. Staff has received confirmation from Palm Beach County regarding standards compliance. The proposed rezoning that is being processed concurrently will result in a net decrease of 298 daily trips from the pre-approved vested trips, This also equals an Page 3 Alta Chase/Wood Panners - Site Plan Review Staff Report Memorandum No. PZ 00-339 b. Drainage- Driveways: approximate reduction in the p.m. oeak hour traffic assigned north along S.W. 8TM Street of 38 trips, from 50 to 12 trips. Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of soecific draLqage solutions be deferred until time of permit review, when more complete engineering documents are required. There is one (1) main entrance proposed for the development, located at the eastern portion of the site on S.W. 8TM Street. The entrance is aligned with a median opening on S.W. 8"~ Street. allowing both right and left turns from the site. The entrance drive consists of a 26.4 foot entry lane and two exit lanes at 29.3 feet wide, separated by a 12 foot median. The project's entrance to the eevelopmen[ wi be restricted by an unmanned, electronically operated security gale. The gate is proposed to be located approximately 130 feet from the right-of-way for S.W. 8~h Street, thereby providing safe stacking space for approximately six (6) cars. The proposed on-site traffic circulation system consists of one (1) two-way, south-north, 27-foot wide drive aisle, providing access to all other parking areas. Patking Facility: La~ ,dscaping: The land development regulations require two (2) parking spaces per unit within a Planned Unit Development. Based on this ratio, there are 432 parking spaces required for the project. The applicant proposes to include a total of 409 spaces, 23 spaces short of the required number. The applicant's request for a Code Review is being processed concurrently to address this issue. Approval of the Code Review is required as a condition of site plan approval (see Exhibit "C" - Conditions of Approval) Of the 409 parking spaces, 367 will be surface spaces, including 12 handicap accessible spaces. A total of 36 spaces will be located in nine (9) free-standing garages. The remaining six (6) spaces will serve the recreation area and rental office located within the recreational building. The proposed number of parking spaces for recreation facilities and rental office meets the code requirements. Ail surface spaces, except handicap spaces, will be dimensioned nine feet by sixteen feet (9' x 16') with a two (2) foot overhang using wheelstops. Spaces within garages are dimensioned ten feet by eighteen feet and eight inches (10' x 18'-8"). The landscaping of the site will fully meet code requirements when staff comments are incorporated. As part of the required native plant mitigation program, 252 native trees currently existing on the site will be removed and replaced with new plant material incorporated into the Page 4 Alta ChaseRVood Partners - Site Plan Review Staff Report Memorandum No. PZ 00-339 landscaping. A total of 559 trees will be provided for the site. matching [he total number of trees required by cooe. Extensive landscaping is proposea for the entrance area, using a variety of palms, trees and shrubs. These wilt include coconut calms, live oak and orange ge~ger trees, saw palmetto and dwarf allamanda, A proposeo 0.8 acre retention pond located al the northern area of the site will serve as an irrigation source. A 25 foot wide perimeter anc right-of-way landscape buffers will be provided. The buffers along the southern, western and northwestern property lines have to conform to the master plan for Woolbright Place. However, staff recommends additional enhancements of the wes[em property line buffer with native unders[ory plantings (see Exhibit "C" - Conditions of Approval). At the northwestern proper-[y line, where the project directly abuts single family homes, the proposed buffer currently consists of tree plantings spaced on average at seventeen (17) feet. While this buffer needs to conform to the master plan specifications, the ultimately achieved tree spacing has to be similar or better than the proposed plan. In addition to the landscape buffer and a six (6) foot chain link fence provided along the northwestern and northern property line, further impact mitigation would be achieved through maximized setbacks at 114 feet, and the drainage pond which is proposec To separate the project and existing single family homes. The applicant has agreed to provide a number of recreation elements To obtain the ~ recreation credit against the rep uirement of land dedication or payment of fees. Two landscaped quiet areas with benches are among the recreation elements required for the credit (see Exhibit "C" - Conditions of Approval) The site plan currently shows one landscaped park-like quiet area with a six (6) foot wide mulch path and benches along the western boundary of the s~te. A location for the other quiet area needs to be identified in order to receive full credit. Building and Site: Building and site regulations will be fully met when staff comments are ncorporated into the permit drawings. Community Design: The area surrounding [he proposed development does no[ have any particular common architectural ciqaracter. The residential development to the west and south-west has a dated design using 2redomina[e~y white concrete block and roof tiles with minimal color accents. Of the existing residential developments, the Gables PUD, located on the east side of S.W. 8~ Street, features buildings of a similar architectural design as well as similar facade colors in white, ivory and beige palette, and roof tiles in pink and terracota shades. The proposed buildings, in a Mediterranean style, have clean modern lines with little architectural detailing, facades finished in stucco and hipped roofs constructed of concrete tile. Green accent color applied to balcony railings will further enhance the design. Page 5 Alta ChaseANood Partners - Site Plan Review Staff Repor~ Memorandum No. PZ 00-339 Signage: The applicant is proposing to have one (1) two-faced, six (6) foot high freestanding sign for the project, located on the entrance median. The sign colors will be complementary to the colors proposed for the buildings; green lettering of the sign would match the green of the balcony railings. Decorative raised medallions on the sign's face are repeated on the corner columns of the entry wall. The sign's dimensions meet the City's sign requirements per Chapter 21, Article IV, Sec. 1. D. RECOMMENDATION: Staff recommends that this site plan request be approved, subject to the comments included in Exhibit "C' - Conditions of Approval. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc:! Central File S:\PtanninQ\SHARED\Wp\PROJECTS\Wood Partakers (Alta Chase)\STAFF REPORT Alta Chase.doc EXHIBIT "A" Location Map Sec. 29 Twp 45S Rng 43E COh4C~SSS AV~. c~ 'SI T~ ~) S.\V. 6TH ST2~T INT~STAT~ q5 NOI~TN 'L Z T X ~L 66 ~ EXI-IIBIT .C Conditions of Approval Project name: Alta Chase (Wood Parm~rs) File number: NWSP 00,017 Reference: 2nareview plans identified as New gite Plan. File # NWSP-00-017 with a November 7, 2000 Planning and Zoning Deparmaant date stamp marking. DEPARTMENTS II~CLUDE REJECT PUBLIC WORKS C0mmants: NONE X Cdmmcmts: 1. ~ire flow calculations will be required demonstrating the City Code X ~equirement of 1,500 g.p.m, as stated in LDR Chap. 6, Art. IV, Sec. 16, or ~he requirement imposed by insurance underwntars, whichever is greater ~see CODE Sec. 26-16(a~). FIRE Co~nments: 2. Provide a symbol on the site plan for the Fire Department connections X ~howing distances and location on fire line. 3. ~ccess roads and hydrants must be in place prior to above grade X ~onstmction NFPA 1. POI}ICE Cohaments: 4. ~)o not locate tall trees below or close to site lighting poles. X 5. Provide site lighting detail. Include a full description including wattage. X 6. Complete and provide a photometric study with buildin~ permit submittal. X ENGINEERING DIVISION Co nments: NONE X BUI LDING DIVISION Co~nents: 7. J~dd text that would indicate that the symbol, which delineates the accessible X Conditions of Approval Alta Chase.doc 01/10/01 2 DEPARTMENTS INCLUDE REJECT route between the accessible parking spaces and the accessible entrance door to the adaptable accessible units, represents the accessible route and the route is designed in compliance with regulations specified in the Fair Housing Act. Please note that at time of permit review the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the Fair Housing Act. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. 8. Within the site data found on the sheet ritled site plan, identify the proposed X finish floor elevation of all of the proposed recreation buildings (lowest floor elevation). Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issue: a) Identify the floor elevation that the design professional has established for the recreation building within the footpr/nt of the build/ng that i5 shown on the site plan, first floor plan of the building and the paving and drainage drawing. 9. At time of permit review, the site plan shall identify the actual distance that X each building/structure is set back from adjacent property lines and the distance between buildings. Please note that overhangs, covered walkways, canopies, awning or other appurtenances that are attached to the building shall be considered when identifying building setbaclcs. Therefore, identify the width of the proposed overhangs, covered walkways, canopies, awning, and/or other roofed areas that extend out beyond the main walls of the building. The building sethaeks shall comply with sethaek regulations specified in the Zoning Code. 10. To properly determine the impact fees that will be assessed for the 1-story X clubhouse/lease office building, the applicant shall provide the following information to the Palm Beach County Impact Fee Coordinator at 100 Australian Avenue, West Palm Beach, Florida 33406. Submit a notarized affidavit on the letterhead of the property owner, company or association. The letter will list and must contain an answer to the following questions. a) Will the Clubhouse building be restricted to the residents of the entire project only? b) Will the residents have to cross any major roads or thoroughfare to get to the Clubhouse/Recreation building? c) Will there be any additional deliveries to the site? d) Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the Impact Fee Coordinator. The applicant should request that the Cgunty send the City a copy of their determination of what impact fees are required for the clubhouse/lease office building. 11. Add to the submittal an elevation view drawing and, when applicable, a X floor plan drawing of the proposed compactor enclosure. On the drawings, identify the type of exterior material. Also, dimension the height that each Conditions of Approval Alta Chase.doc 01/10/01 DEPARTMENTS INCLUDE REJECT I structure is above finish grade. 12 Add to the submittal a partial elevation view drawing of the proposed 6-foot X tall perimeter fence, pool fence and 6-foot tall decorative wall. Identify the type of material that supports the fence/wail, including the typical distance between supports. At time of permit review, provide a typical section view drawing of the fence/wall that includes the depth that the fence/wall supports are below finish grade and the height that the fence/wall is above m~sh grade. The locataon and height of the fence and wall shall comply with the fence/wall regulations specified in the Zoning Code. 13. iAt time of permit review, submit for revieTM an addressing plan for the X lproject. PARKS AND RECREATION Comments: 14. ns a conditiOn of issuance ora land development order for residential X ~larmed umt developments, the developer shall dedicate land, pay a fee in ~ieu thereof, or both, at the option of the city, for park or recreational .~nUrposes and according to the standards and formula in Chapter 1, Article V the Land Development Code. The total recreation dedication credit will ~e calculated as follows: i 216 d.u.x.015 acres - 3.24 acres A ~ credit may be given against the requirement of land dedication or payment of f~es. A lA private recreation credit will be calculated as follows: 3.24 acres / 2,1.62 acres The Developer has expressed the desire to pay the recreation dedication fee ~in lieu of tand. They have also agreed to provide the following private ~ecreat~on elements and hst them on the revised site plans for Alta Chase. Ne recommend ½ recreation credit be granted. 1. 3,000s.f. clubhouse ~. Swimming pool and deck 3. Family Picnic Area (hard roofed structure with permanent tables and i gas grills) 4. Pitching and Putting Green (commercial quality artificial surface) I. Two Landscaped quiet areas with benches FORESTEIUENVIRONMENTALIST Co~aments: NONE X PLANN1NG AND ZONING Co~mments: 15. Provide fire hydrant locations on the site plan. X Conditions of Approval Alta Chase.doc 01/10/01 DEPARTMENTS INCLUDE REJECT 16. The applicant must apply for, and obtain a zoning variance for the reduced X parking or provide parking at two (2) spaces per unit. Ch. 2.5, Sec. 9, Par. C. 17. Provide elevation drawings for the six (6) foot decorative fence/wall located X along the right-of-way, including a description of materials and colors. 18. Hedge materials shall be maintained to top offence. X 19. Indicate on the landscape plan the two (2) existing specimen hibiscus trees X which are located in the northwest corner of the site in the designated buffer area. These trees are to remain. 20. The 25 foot buffer areas are to be landscaped as shown on the Master Plan X for Wootbright Place PUD. Revise the landscape plan to reflect conformity to Master Plan. However, to further optimize the buffer along the western property line and therefore the transition from the project to the adjacent single family homes to the west: Insert, between tree clusters, additional native understory plantings listed in the code under "landscape barrier" such as Firebush, Wild Coffee, Florida Trema, Florida Privet, and Tetrazigia. Tree spacing should not exceed 40 feet. The buffer on the northwest portion of the site, directly abutting the adjacent single family homes, shall be enhanced with additional tree plantings to achieve tree spacing similar or better than the proposed plan (where the average tree spacing is approximately 17 feet). 21. The land use amendment and rezoning/master plan modification application X (LUAR 00-003) for the project is being processed concurrently and must be approved prior to the approval of this site plan. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 22. '~No buildings shall be placed or moved closer to, or within the buffer or X easements located along the west and north side, of the project, as shown on the approved site plan". ADDITIONAL CITY COMMISSION CONDITIONS 23. To be determined. J :~ H RDATA\PLAN NIN G~ HARED\WF~PRO J ECTEAWOO D PARTNERS (ALTA CHASE)\CON~DITIONS OF APPROVAL ALTA CHASE,DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Alta Chase (Wood Partners) APPLICANT'S AGENT: Kilday & Associates, Inc. APPI~ICANT'S ADDRESS: 21135 White Oak Ave.; Boca Raton, Florida 33428 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 16, 2001 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: West Side of SW 8th Street, approx. 1/8 of a mile north of Woolbright Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. Xl THIS MATTER came before the City Commission of the City of Boynton Beach, F orida ~ . - ty Y P appe ring on the Consent Agenda on the date above The Ci Commission hereb ado ts the findings and recommendat on of the Planning and Development Board, wh ch Board found as follows: OR i THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Fl~)rida 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 1'1'1 X ?SENG CONSULTING GROUP, INC. V-CONSENT AGENDA I'TEM E, CITY OF BOYNTON BEACH AGENDA_ ITEM REQUEST FORM Requested Ci~ Commission Date Final Form Must be Turned Meetint Dates in to CRv Clerk's Office Requested Ci~ Corranission Meetine Dates Date Final Form Must be Turned in to City Clerk's Office [] N6vember21 2000 [] r~c~5, 2000 [] D c er ,2ooo [] Ja mary2,2001 NATURE OF AGENDA rrEM REC£ Motio~ upgra~ EXPL Laseff efficie: 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.) [] 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.) February 21, 2001 (5:00 p.m.) [] Adminish-ative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] UnfiaisbedBusiness [] Announcement [] Presentation MMENDATION: :o approve expenditure in the amount of $20,854 to Compaq Computer Corporation for the purchase of a server for LaserFicbe Document Imaging project through State Contract No. 250-040-99-1. M~IATION: [cha is an electronic records management system for your data, State of the art client/server architecture enables you to ttly find and share documents over the network. Files can be searched or located with word(s), phrases, and/ur index riel.ds..~uage data can then be viewed, faxed, printed, and e-marled to desired users. The hardware upgrada is necessary for the ~rr~lementation~ of this citywide project. Various city departments have funded their individual hardware purchases throug) apprOval from City Commission on 9/19/2000. PROG4~IAM IMPACT: With fl [e intuitive LaserFiche interface, you can be productive hi minutes, scanning files, searching key words, and viewing by many t sers over the network, Intemet/Intxanet. Scanned fries are retrieved in seconds, simply located through browsing. With I aserFiebe security, you contxol who accesses records and what they can do with those records once they are accessed. The L~ serFicbe document imaging system is scalable to meet the needs of one or several departn~nts in the City of Boynton Beach )rganization. FISCAL EMPACT: This purchase was approved through the FY 2000-2001 budget process in the amount of $18.000 hi account 001-1510- 513.64~15.t~ Tbe Florida State Contract will be used to purchase the various components as outl/ned in the atXacbed. The upgrad~g of the current LaserFiche Document Imaging System server to accommodate the department user data costs $20,85~. The additional $2,854 necessary is available in the same account due to cost savings realized on the Network BackbOne Upgrade Project. S:~BULLETINkFORMS~AGENDA iTEM REQUEST FORM.DOC .CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Use so.are in a limited.~t~aeity due to lack of server and storage capacity. Peter W/a~lac~e, Director of I.T~. '--~ D~ment Head Sigmture ~ Infdrmalion Technology Services Department Name City Manager's Signature City Attorney / Finance / Human Resources S :kl~ULLETINhnORM S~AGENDA ITEM REQUEST FORM.DOC CO0 Co~ ~0~ CO~ CO~O oo o~ oo~ oo~ ........ ~ .... ~ 0 H c~ ~ o g ° 0000000000 GEM DIRECT - COMPAQ 12/Z9/2000 3:50: PAOE 005/8 RightFAX Cor~oq Comtmt~ Co~t~oro~on - 205~¢5 State Higinoa~. 24~ - _~tC 5g0301 - Houston, TX 77070 Government - Eduo~flon - Medioal'S~le~ PRICE QUOTATION Quote Number:. 0A104382 De~mper 29, 2000 _ /::'mv~'ed by:. Bruce Collins Page 1 Carolina Luque CITY OF $OYNTON BEACH Contmc~ F~ride ,.%'~fa Term CohO'act (250.040-99-1) Product availalNiily md prmtuct ~;o~ntmfi~ is lubjed lo cheryl. ~th~ut rlolfc~ The prices Ir~ this ~alt~n are valid fo' 30 days ~Y~m quote date d~ove, Please in(dude the quote nurTf;er from this qu~e ~n the c~rr~pmdng purchase order. tslt5t,-001 t 282?g-B21 ProUant MI-S30 XEON 886MHz/2MK t28MB RACK'128MB t $4,648.00 Ram, Procea~or- P111/866 Intel Pentiurn Ill Xeon pmoessor 866 MHz 256-KS level 2 writeback cache per processor 128 MB RAM NC3123 Fast Ethernet NtC PCI 10/100 VVOL Integrated Duel Channel Wicie Ultra2 SCSI Adapter 218.4 GB max Internal $2X Max IDE CD-ROM Drive 612 Rag 'I33MHz 8DRAM DIMM 2 $t,3M.00 5~2 Rag 133MHz SDRAM DtMM .~.,648.oo ,X $2.7t2.00 V~ 174881-B2t 128284-B2t t28288-00t 124992.B2t Pefldum III Xeon XB66-266KB Processor Option Kit XN 866 256 ML530 Processor kit ML630 Redundant Fen Contains Qty=2 5" FAN ASSY, 1B0,LVVR NOISE for fan cooling Redundancy. ProLlaat ML830 Drive Cage Includes Ddve Cage & Power Su~ly Supports 6x1" U2 Smart Array S302/~4 Cont]'oller I $1,t38.00 $1,136.00 I $t62.00 $t82.00 I $6,48.00 t $t,710.00 $t,710.00 Ultra3 2 channel PC] Array Controller board 64-MB Cache module Setup and Configuration Software Documentation 317460-B2t NC3122 Dual Port Fast Ethernet FCI NIC I $257.00 Dual Port Fast Ethamet NIC pro¥1des: A cost effective s~lL~ion for servers and networksthat raquire redurtdancy and hi,;h--perfermafl,~e while only requiring a single slot, Integration components like SmartStart and Compaq Insight Manager. Common driver architecture with other Intel based NICe. 128286,-001 MLS30/b'?0 Hot plug Redundant Power supl~y I $324.00 $2.6?.00 ~ $32,4.00 / ML530/570 Hot Plug Redundar}t Power Supply 176406-822 36.40B Pluggabls Wide Ultra3 t0K rl3'n Ufllvarsal HDD 6 $1,319.00 $7,9t4.00 V/ t4n 36.4GB capacity Wide Ultra3 SCSI Hot-ptuggable 10,~00rpm rotational spom:l If you mould have queslions re6mrdlng thi~ quotaOm or naecl my ~ assietmce, pleaw~ ce~ta~ me at GEM DIRECT - COMPAQ £2/29/2000 3:50: PAQE 006/6 RightFAX Coral~aq Computer Corporatio~ - 20~J5 State Highway 2411-34C 590301 - [-[ouston. TX 77070 Govemmem- Eduoation - Ue~ioa[$ale~ PRICE QUOTATION Quote Number:, GA104362 December 29, 2000 P~videdby: Bmca Collins Pa~2of2 Carolina Luque CITY OF BOYNTON BEACH Contract:. Florida Slate Term Contract RreduGt IlVlilabiiiW md product di,lcofllln ullton is lul:,jld Io Ctllr~le ~th~! no'dc& 'l'be pd¢~ in this quet/ien ar~ valid fer 30 days from quote date alxw~ ~lea~aindud~theqao~nurr~rfrmltllimff~Xeonthecorrmundtngpur~m~. 142673-B22 18.2OB Pluggable Wide Ultra3 SCSI Urflvems110K rpm 2 $6?2.00 $4,344.00 HDD t-in 18 ~-----------------~GB capacity Wide Ultra3 SCSi Hot-pluggable 10,000mm rotation speed New Compaq LVD drive carder [3.5-in x 1-in form factor), for use with Compaq hot-pluggeble Ultra2/Ultra3 sawers and storage systems CarePaq 3YR 24X'/4HR DEPARTMENTAL SVR Uplift hardware warranty on Compaq Departmental Svr/rom 3 yrs limited warranty, best effort response, to $ yre same day on-site hara*~/ara maintenance, 4 hr msponsa. Service will he provided 24 hrs a day= 7 days a week, including holiday& Additional zone chanrges may apply if customer address is greater than 100 miles from service location. Service ts available in U.S. only. Service includes options interest to onclosura. Configuration must be registered to be eligible for 401782-002 t $t,562.00 4017934)02 CarePaq INSTALL DEPARTMENTAL SERVER Installation for Compaq Departmental Sower. Includes hardware options purchased with system which am to be installed at the same time. Installation pargorme¢l Monday-Friday, 6AM-SPI~., local time, excluding locally observed Compaq holidays. Additional zone charges may apply. Note: Here Is ~e quote you requested. TOTAL PRICE 1 $306.00 $22,721,00 This item Janet ~n ~e ~nba~ ¢[udmd. ~ia i~ has b~ d~nu~ If ~ ~ld h~ flu~s r~a~ ail qu~ ~ n~ ~y ~ m~ ~ ~ ~ a CPC ~ Price List Load Page 9 of 20 ProUant DL380 Pentium~ lit 866MHz/128MB/256K/CD/N~C 161062-001 $ 3,977~00 ProLiant ML530R Part NO. Price ProLiant ML530 XEON 866MHz/256K 1.28MB RACK ProLiant ML530R Pentfum~ ProLient ML530R Pentlum~ II! Xeon 933MHz/CD/Z28MB RAM/256K CaRe 4,648.00 161153-001 $ 8,320.00 161158-00! $ 4,928.00 Bus Width: 128 bits Cache Size: 256 KB Advanced Transfer cache. Cache Type: ECC Leve~ 2, Compaq lnsight Manager: Standard. Disk Controller: mregrareo smart array control, Drive Speed: 32× Max, Front Side Bus Speed: 133 MHz, Hard Drive Type: Optional. Maximum RAM: 4 GB, Memory Socket: DIMN Memory Type: SDRAM ECC, Number of Modules: 1. Processor Number 1/2. Processor Speed: 733 MHz. Processor Type: http://web23pro.compaq.com/catalog/asp/cpc_PriceList_Load.asp?product_line_cd=- 1502&prod.../YYY 12/29/2000 CPC - Price List Load Page 55 of 81 (712MHz, RDRAM) DZH# (ECC) ~61554-B21 271910-001 149026-B21 157339-B21 328581-821 157340-B21 103995-821 [03990-821 102307-521 i02306-821 328809-821 179863-821 401702~B21 125620-821 314890-821 166612-821 294227-B21 328807-821 241773-B21 $ 784.00 Bus Frequency: 100 NHz, Bus Width: 32 bit. Memory Type: 6DRAM ECC, Number of Modules: 1 $ 594.00 $ 913.00 Memory Socket: DIMM, Memory Type: EDO Ecc, Number of Modules: 2 $ 761.00 Memory Size: 256 MB, Memory Type: RDRAM® $ 914.00 Memory Size: 256 ~48, Memory Type: RDRAM(~ 821.00 Memory Socket: DIMM, Memory Type: EDO ECC, Number of Hodules: 4 797.00 Memory Size: 256 MB, Memory Type: RDRAM® $ 931,00 $ 845.00 $ 518.00 Bus Frequency: 100 MHz, Hemory Type: SDRAM ECC, Processor Speed: Intel Pentium III ~roces$or 55 11,334.00 Bus Frequency: 100 MHz, Bus Width: 128 bi~, Memory Socket: DIMM, Memory Type: SDRAM 8CC, Number of Modules: 2 s 68.00 $ 98.00 73.00 Memory Type: SDRAM, Standard DRAM: 32 65.00 Bus Frequency: I00 MHz, Memory Socket: DIMM, Memory Speed: 10,0 ns, Memory Type: PC100 SDRAM Number of Modules: 1, Standard RAH: 32 MB 76.00 BUS Frequency: 100 MHz, HemoryType: SDRAM ECC $ 40.00 $ 1,356.00 Bus Frequency: 100 MHz. Graphics Memory: 4MB Display Cache plus Dynamic $1,369.00 Memory S~cket: DIMN. Memory Type: SDRAM ECC $ 1,617.00 htrp://web23pro.compaq.com/catalog/asp/cpc_PriceList_Load.asp?productline._cd=- 1501 &prod.../YYY 12/29/2000 CPC - Price List Load Page 77 of 81 Pentiom IX! Xe~n 6/550 2H Processor Option Kit Pentium lit Xeon 6/550- Processor option Kit ~Pentium IlK Xeon 6/550- M Processor Option Kit Pentiom Il! Xeon 6/550- 512K Processor Option Kit ~entiom 1II Xeon 6/700- MB Processor Option Kit Z55224-B21 167444-B21 Pentium !!1 Xeon 667MHz 256K Processor Rentium !!! Xeon 733HHz 256K Processor Pentium !!! Xeon X1000- 256KB Processor Option 128283-B21 Kit (HL530) Pentium !II Xeon XTO0- ~Mb Processor Option Kit 174448-B21 fOr Proliant DL580 I~entium ZZZ Xeon X700- 2MB Processor Option Kit 5.832.00 $ 3,672.00 $ 5.832.00 2,593.00 1,240.00 838.00 782.00 2,593.00 174449-B21 $ 4,752.00 17488I-It~11~ s 1,135.00 Side Bus Speed: 133 MHz, Processor Speed: 550MHz, Processor Type: Pentium III Xeon Cache Size: 1 MB (minimum), Cache Type: Level 2 wnteback. Front Side Bus Speed: 133 MHz, Pro~essor Speed: 700 MHz, Processor l~fpe: PenBum ~H Xeo~ Cache Size: 256 KB Advanced Transfer cache. Cache MHZ. P~r S~: 866 MHz, P~r ~: Pentium III Xeon ~entium Xeon 933/133- 56K Prces~or Option Kit 174882-821 s 1,405.00 Cache Size: 256 KB Advanced Transfer cache, Cache Type: Levee 2 writeback, Front Side Bus Speed: 133 MHz, Processor Speed: 933 MHz, Pro~essor [~entium® ZZZ Xeon 6/550 512K Processor Option Kit 155222-B21 $1.512.00 Cache Size: 512 MB, Cache Type: Level 2 wnmoacK, Front Side Bus Speed: 133 MHz, Processor Speed: 550MHz, Processor Type: Pentium III Xeon I~roLiant 6/5OO-1HB I~rocessor Option Kit r/roUant 6/500-~.HB oces~or Option Kit Non-Red PPN I~roUant 6/500-1HB rocessor OpUon Kit ~/Redundant PPM Cache Size: i MB (minimum), Cache Type: Level 2 3,672,00 ECC. Front Side Bus Speed: 133 MHz Processor Speed: 500Mhz. Processor Type: Pentium III Xeon ProUant 6/500-2MB I~rocessor Option Kit I~roUant 6/500-2HB rocessor Option Kit S 5,832.00 Cache Size: 2 MB, Cache Type: Level 2 ECC, Front Side $ 5,832.00 BUS Speed: 133 MHz, Processor Speed: 500Mhz, Processor Type: Pentium III Xeon http://web!3pro.compaq.conffcatalog/asp/cpc PriceList Load.asp?pr°duct line cd=-1501&prod.../YYY 12/29/2000 CPC - Price List Load Page 72 of 81 Hot Plug Redundant Power Supply 480083-001 Integrated Smart Array 128293-B21 Controller Option (Ha~ Plug) (Armada 't 500) ML530 Redundant Fan 't:~ Matrox Millennium G4OO AGP Graphics Card Hot-Swappable: Y, Redundancy: N+i, Watts: 225 Watt - s 378,00 Supported: Ua To 32, Maximum Transfer Rate: 80 s 431,00 MB/s, Protocol: Wide Ultra2 SCSI, SCS! Electrical lrntertace: Low Voltage Differential (LVD), Weight (lbs.): 4.4 ~b$ (2,00 kg) 162,00 $ 38.00 $ 49.00 176,00 Battery Type: Li-Ion Battery 183.00 Battery %~/pe: Li-Ion Battery 129.00 183.00 183.00 Battery Tl~e: Uqon Battery 183.00 127,00 $ 54.00 162.00 324.00 189.00 388557-B2! $ 216.00 Multibay U-TOn 6 CeB 387937-825 $183,00 Battery Numeric Keypad for 294317-821 $ 58,00 Armada Portables P~ Card Biometric ID 146805-B25 $ 92.00 Device PCMCZA Card R~ader t93661-001 $119.00 Swapbox PD~/OIOOO ServerNet 103425-B21 $107.00 VI Kit - Basic PL CLSTR/FSO0 BAS KT 103250-B24 $107.00 Hot-Swappable: Y, Redundancy: N+i Bus Type: PCI, Graphics Memory: 8 MB SGRAM, Graphics Typ~: 3D/2D, Maximum Refresh: 1280xi024 resolution ar 100HZ/, Video Chipset: MGA-G200A Bus Type: AGP 4X, Graphic~ Memory: 16MB SGRAM, Graphics Type: 2D, Haximum Refresh: 1280x1024 resolution at 60Hz/l, Video Chipset: Metro× G400 http://web23pro.compaq.com/catalog/asp/cpc_PriceList_Load.asp?producLline_cd=- 1501 &prod.../YYY 12/29/2000 CPC - Price List Load Page 73 of 81 ProL]ant 1850R Hot Plug Redundant Power Supply 327477-001 ProLiant 3000/5500 306585-B21 Cable Kit ProLiant 3000/5500 306558-B21 Redundant Fan Kit ProLiant 400 / 800 Ultra 104936-B21 21 SCS/Cable (4 Device) ProLiant 5500 XEON Redundant Fan Kit ProLiant 6000 Hot Plug Redundant Fan Upgrade 312293-Bgl Kit ProLiant Cluster/FlO0 309816-B21 ProLiant DL380 Hedia ~B~u¥ Drive Cage a) C~geUant HL530 Drive liant 800 internal 3 diorite HD 68 SCS! Cable 400046-821 D Array 8000 Tower S/~! Dual Controller Blue Recovery Server Option - On Line/Standby Redundant Fan Kit Remote lnMght: Board High Voltage Power Cord 400552-B21 296178-B2t 201493-001, 157866-001 113784-B21 296435-006 388332-B21 $ 336.00 Hot-Swappable: N, Redundancy: N+ 1, Watts: 225 Watt CE Mark Corer ant $ 108,00 $ 173.00 Hot Pluggable: Yes, Redundancy: N+i, Speed; Single 49,00 S 173.00 Hot Pluggable: Yes, Redundancy: N+I, Sp~ed: Single 216.00 107,00 216.00 648,00 Bays: 6, LVD: yes, Power Supply; yes 54.00 $ 28,914.00 S 162.00 $ 9.00 Fault Hanagement: Yes 97.00 13.00 $ 2.052,00 http://web23pro.compaq.com/catalog/asp/cpc_PriceList_Load.asp?product line cd=-1501&prod.../YY~r 12/29/2000 CPC - Price List Load Page 7 of 53 . Smart Array Con~-oliere (PmUaot Compatible) Smart Array 5302/3~ Controller Smart Array 5302/64 Controller Smart Array 5304/128 Controller SterogeWorks Enclosure Model 22OO/21OO StorageWorks Enclosure M2200/M2100 ECB Batter~ Option StorageWorle; Enclosure Model 21OO Part No. Price 166207-B21 $ 1,425,00 1249~-82/~ $1,710,00 I58939-B21 $ 2,375.00 Part No. Prige 135823-B21 ~ 238.00 18774t-B21 $ 3.660.00 product Characteristfss Cache Batteries: Up to 4 days of redundant bart, Depth (English): 4 in (10.16 ce), Drive Interface Electrical: LVD and SE, Drive/Enclosure Protocol SUppo: Ultra3, U~tra2, and W[de-Ultra, Height (English): 18.375 in (46.67 ce), Logical Drive~ Supporl~d: Up to 32, Maximum Capacity: 1.06 TB (28 drives x 36.4 GB), Maximum Transfer Bate: 160 MB per channel, Memory Addressing: 64-bit, supporting servers mere, Number of Channels: 2, Number of Drives Supported: up to 28 ddves, PCZ; PCI 2.2 Compiiant~ PC;[ Bus Speed: 64-bit, 66ff4Hz PCI (533 Ma/s m, Protocol: Wide UItra3 SCSI (160 MB/s per, SCSI Port Connectors: 2 external, 2 internal shared, Upgradeable Firmware: 2-MB flashable ROM, Weight(lbs.): 3.12 Ib (1.42 kg), Width (English): 8.25 in (20.95 ce) Cache Batteries: Up to 4 days of redundant bart, Depth (English): 4 in (10.16 cm), Drive ;[nterface Electrical: LVD and SE, Drive/Enclosure Protocol Suppo: Ultra3, Ultra2 and Wide-Ultra, Height (English): 18.375 ir (46.67 cml Logical Drives Supported: Up to 32, Maximum Capacity: 1,06 TB (28 anves x 36.4 GB), Maximum Transfer Bate: 160 MB per channei, Memory Addressing: 64-bit, supporting servers mern, Number of Drives Supported: ua LO 28 drives, PC;[: PCI 2.2 Compliant, PC;[ BUS Speed: 64-bit, 66 MHz PCI (533 MB/S m, Protocol; Wide Ultra3 SCSI (160 MB/s per, SCSZ Port Connectors: 2 extema,. 2 JrtteFnal snareci, Upgredeable Firmware: 2-MB flashable ROM, Weight (lbs,): 3.12 lb (1.42 kg), Width (English): 8.25 in (20.95 ce) Cache Batteries: Up to 4 days of redundant bart, Cache Memory: 128 MB Read/Write, Depth (English): 4 in (10.16 cml Drive Interface Electrical: LVD and SE, Drive/Enclosure Protocol Suppo: Ultra3, Ultra2, and Wide-Ultra, Height (English): 18.375 in [46~67 ce), Logical Drives Supported: Up to 32, Maximum Capacity: 2.1 TB (56 drwes × 36.4 GB), Maximum Transfer Rate: 160 MB per channel Memory Addressing: 64-bit, supportmg servers mere, Number of Channels: 4, Humber of Drives Supported: up to 56 drives, PCI: PCI 2.2 Comoliant, PC][ Bus Sp~ed: 64-bit, 66 MHz PC[ (533 MB/S rn, Protocol: Wide Ultra3 SCSI (160 MB/s per, RAZD Support: APG, 5, 0+1, 0, SCS;[ Port Connectors: 4 exmrnaL 2 internal snareD, Upgradeable Firmware4. 2-MB flasbaPie ROM, Weight (Ibs~): 3,26 ]b (1.48 kg), Width (English): 8.25 in (20.95 cm) Product CharacterisUss Cache Battery Backup: yes, Controller Cache: 256 MB per controller standard, Envirenmentel Monitoring Unit: Yes - Monitors 3ower and tempe, r~ Hube: 7 Port OaticaL 12 Port ODtica, F~ Switches: 16 Port Optical, 8 Port Opt[ca, Host ][ntorface: Arbitrated Loop (FC-AL) or Fib, Host Ports Per Controller:. 2, multibus with transparent f. NOn-RAZD 3BaD Support: Yes. Power Req/Number of Phases: Single, Power Requirement~ ~10 to 240 v AC, 50/60 Hz, Sin, RA;[D Levels (fault tolerance): 0, 1. 0+~, 3/5 and parUtionin, Redundant Fans: Yes. N+I, Regulatory Approval~ UL. CSA, TUV, FCC, CE MARK, CT, Required Operating Temperature; 50° to 94° F (10~ to 35~ C), Storage Software Supported: StorageWorks Command ~onsole http://web23pr~~c~mpaq~c~m/cata~~g/asp/cpc-Pric~List-L~ad~asp?pr~duct-~ine-cd=-4~69&pr~d~~~/YYY 12/29/2000 CPC - Price List Load Page 53 of 81 Lan Connectivity Intel PRO/100+ Management Adapter HOT! NC6134 Gigabit Nzc 64 PC! 1000 SX Compaq NC3133 Fast ~h~ernet Module 100FX fade ~BM 16/4 TR PC! Special NTC lntel PRO/100+ Management Adapter p;ck) Part No, 127453-021 338456-B25 133749-B21 127453-B22 Pri~ Product Characteristics 602.00 Bus Architecture: PCI 2.2, Contreller type: Intel 82559, Memo~/: 6-KI~ cache, Network Znterface Controller: Intel Pro/100+ Management Adap, Operating Humidity: 85% at 131 degrees F/55 degree, Operating Temperature: 32 to 131 degrees F/0 to 55 de, Power Requirement: 0.67 WATTS @ +SVDC, R3-45: 1, Transfer lOOBase-TX Full-Duple: 200MB/s, Transfer 100Base-TX Half-Duple: 100MB/s, Transfer 10Base-T Full-Duplex: 20MB/s, Transfer lOBase-T Half-Duplex: 10MB/s, Warranty Duration; iimite~ ILfetime wa~a~ty NC3122 Dual Port Fast Elhernet PCZ NIC NC3123 Fast Ethernet NIC PC! 10/100 Wake on NC3131 64 PC~, Dual 338456-B21 Base, 10/100 NXC NC3132 10/100 Upg. 338456-B22 Module for NC3131 t~C61:32 1000 SX Upg. 338456-B23 I~odule for NC313I ck t2emory Expansion lot Part No. ~emory Expansion Kit (2 x 12-MB) 219.00 Adapter Bus TYPe: PCI, Adapter Speed: Intel PRO/~,00+ 192.00 Management Adap, Network Type: Token Ring, Number of Adapters: 1 339.00 257.00 174830-B21 $ 73.00 Network: 10/100 Mb/s Ethernet 274.00 219.00 548.00 148.00 842.00 Fault Manage~nent: Yes 842.00 Fault Management: Yes 674.00 Fault Management.- Yes Price Product Chiracterisfic~ $ 336.00 ~abinet Size: 42U Prlc~ Product Bus F~quen~: 66 $ 254~00 ECC, ~nda~ D~: 128 MB $ 821.00 DIMM, Memo~ ~e: SD~M ECC, Num~ of Modul~: $108.00 Bus ~quen~: 100 NHz, Hemo~ Ty~: SD~N ECC 328808-B21 $ 3,672.00 Memor~ ~ocket: DIMM, Memory Type: eDRAM ECC http://web~3pr~c~mpaq~c~red~ata~g/asp/cpc-Pric~List-L~ad.asp?pmdu~t-~ine-cd=~5~&pr~d~/YYY - 12/29/2000 CPC - Price List Load Page 72 of S1 Hot Plug Redundant Power Supply 480083-001 Integrated Smart A~ray 128293.B21 Controller Hot-Swappable: Y, Redundancy: N+I Watts: 225 Watt $ 378,00 Cache Nemory: 8 MB Read Cache, Logical Drives Supported: Up m 32, Maximum Transfer Rate: 80 Tntergrated Management 264377-B23 $162.00 Display Kit Internal Ultra3 Cable 166390-B21 ~ 38.00 Option (Hot Plug) Internal Ultra3 ~able 166389-B21 s 49,00 Option (Non-Hot Plug) Li-Ion 12-Cell Dual 109094-B21 $ 176,00 MultiSay Bakery ETO0 Li-][on 4-Cell Battery for 134096~B21 Armada M30O Li-Ion Battery (150 127665-B21 family) Li-Ion Battery 46Watt - 104724-B25 Armada 7400 U-Ton Battery 46Watt - 104723-B25 Armada 7800 U-Ton Battery Pack (Armada 1500) 254936-B21 LJ-:[on Battery-Compaq 175103-B25 Notebook 100 Li-Ion High Capacity 134099-B21 Travel Battery M300 ML3SO Int. to Ext. ~8 S~S~ Cable 159547-B21 $ 54.00 ML530 Reduudant Fan 128284-B21 $162.00 ML530/570 Hot Plug $ 324.00 Redundant Power Supply Matrox G200 DVI/DFP 124807-B21 $189.00 Daughter Card 388557-B21 $ 216.00 Matrax Millennium G4OO AGP Graphics ~ard Multibay U-Ion 6 Ce# 387937-B25 $ 183,00 Battery Battery Type: U-I0n Battery 183.00 Battery Type: Li-Ion Battery 129,00 183.00 Hot Pluggabie; Yes, Redundancy: N+I Hot-Swappable: Y, Redundancy: N+I Bus Type: PCI, Graphics Memory: 8 MB SGRAM, Graphics Type: 3D/2D, Maximum Refresh: 1280x1024 resolution at 100HZ/, Video Chips(t: MGA-G200A BUS Type: AGP 4X, Graphics Memory: 16MB SGRAM, Graphics Type: 2D, Maximum Refresh: 1280x1024 resolution at 60Hz/l, Video Chipset: Matrox G400 Battery ]~pe: U-Ion Batter~ http://web23pro.compaq:com/catalog/aSp/cpc_PriceList_Load.asp?productJine_cd=- 1501 &prod.../YYY 12/29/2000 CPC - Price List Load Page 14 of 53 18.2GB Pluggable Wide Ultra3 SCS! Universal 1OK rpm HDD 1-in 36.4GB Pluggable Wide Ultra3 1OK rpm universal HDD 1-in 72GB Pluggeble Wide Uitro3 SCS~ 1OK rpm LVD HDD 1.6-in 9LIGB Pluggable Wide Itra3 15K rpm ~niversal HDD l-in gLIGS PlugSablo Wide Ultra3 SCSI Universal I~)K rpm HDD 1-in ~toodrageWorks EnckJsuro el 4314R L764)~6-B22. $1,319.00 188120~B22 $ 571,00 142671-B22 $ 453.00 190209-001 $ 2,912.00 Availability: Hot-Pluggable, Average Seek Time: 5.5 ms, Bytes/Sector Configuration: 512, Full Stroke Seek Time: 12 ms, ~lard Drive Capacity: 18.2 GB. Hard Drive Height; lqnch, Hard Drive Type: Wide Ultra3 SCSI. Logical Block~ Configuration: 35,565,080, Operating Temperature: 50 - 95 degrees F/10 - 35 degr, Rotational Speed: 10000 *pros Single Track Seek Time: 0.9 m$~ Transfer Rate: 160 MB/S, Weight (lbs.): 3.31 bs Availability: Hot-Fluggable, Average SeekTime: 5.7 ms, Bytes/Sector Configuration: 51~. Full Stroke Seek Time: 13 ms, Hard Drive Capacity; 36.4 GB, Hard Drive Height: i-inch. Hard Drive Type: Wide Ultra3 S£51. Logical Blocks Configuration: 71,132,000, Operating Temperature: 50 - 95 degreea F/10 - 35 degr, Rotational Speed: 10000 rpm, Single Track Seek Time: 0.9 ms, Transfer Rate: 160 NB/~, Weight (lbs.): 3.85 th; (1,75 kg) Availability: Hot~Pluggable, Average Seek Time: 6.2 ms. Bytes/Sector Configuration: 5:L2, Full Stroke Seek Time: :L2 ms, Hard Drive Capacity: 72 GB, Hard Drive Height: 1.6 inch, Hard Drive Type: Wide Ultra3 SCSI, Logical Blocks Configuration: ~7,773.524, Operating Temperature: 50 - 95 degrees F/10 35 degr, Rotational Speed: 10000 rpm, Single Track Seek Time: 0.9 ms, Transfer Rate:. 160 ~B/a, Weight (lbs.): 4.4 bs (2,00 kg) Availability: Hot-Pluggable, Average Seek Time: 4.5 m~. Bytes/Sector Configuration: 512, Full Stroke Seek Time: 12 ma, Hard Drive Capacity: 9.1 GB, Hard Drive Height: :L-inch, Hard Drive Type: Wid~ Ultra8 S~S~, Logical Blocks Configuration: :L7,773,524, Operating Temperature: 50 - 95 Oegr~e~ P/10 - 35 dagr, Rotational Speed: 15000 rpm, Single Track Seek Time; 0~7 ms. Transfer Rate: ~60 NB/~, Weight (lbs.): 6.16 }bs (2,80 kg) Aveliobility; Hot-Ptuggable, Average Seek Time: 5.0 m;, Bytes/Sector Configurot~on: 5~2, Full Stroke Seek Time: 12 ms, Hard Drive Capacity: 9,1 GB, Hard Drive Height: lqnch. Hard Drive Type: Wide Ui~a3 $CST. Logical Blocks Configuration: 17,773,5~4, Operating Temperature: 50 - 95 degrees F/~,0 - 35 degr, Rotational Speed: 10000 rpm, Single Track Seek Time: 0.9 ms, Transfer Rate: 160 MB/a. Weight (lbs.): 3.19 lbs (L45 kg) Depth (English): 20,5 in (51.56 cml Drive (on Drive Trays) ~ Drive Feiiure LED, Drive (on Drive Trays) Middle: On Lin~ LED, Drive (on Drive Trays) Top: Drive Failure LED. Enclosure (Back Unit) Bottom: Power Supplie~. Enclosure (Back Unit) Middle: EMU, Enciesura (Back of Unit) Top: I/O Module, Front Panel Left:. EMU S~atu5 LED Front Panel Middle: En~Joaure Power LED, Front Panel Right: Fault LED, Height (English): 5,~ in tm), Humidity: 5% to 90% relative (non-¢onden, ~/O Module Connector: VHDC~, ~nput Req/Line Frequency: 47 to 63 Hz, ~nput Req/Nornioal Line Volt: 110 to 240 VAC, Tnput Req/Range Line Voit: 90 to ~264 VAC. ~nput Requirements/l~pical :[np: 2.3A at 120 VAC, O/S Support: Windows NT, Netware, $CO U~i×,, Protocol Support: Wide Ultra3 $C$L Fa~c Wide SC. I~elafive Humidity: 10% to 90%, Required Operating Temperature: ~0~ to 54° F ( L0° ~o 35° C), Shipping Depth: 31.2S in (78.75 em), Shipping Height: 34.23 in [86.81 em), Shipping Width: 14.5 in (36.54 tm), Weight (lbs.): 68 lb (30.9 kg), Width (English}: 19.:L6 in (48.67 http://web23pr~.c~mpaq~c~m/cata~~g/asp/~p~-PriceList-L~ad.asp?pr~duct-~ine-cd--4~69&pr~d.../YYY 12/29/2000 Suite 315 Page I of 3 CERTIFICATION OF CONTRACT TITLE: Computers: Client Server Systems CONTRACT NO.: ~ BID NO.: 31-250-040-B CONTRACTOR(S): See Attached EFFECT1VE:I~JI19 I~ 1998 ~: through Jtm~30520~ (Rev 20 Dec 99) SUPERSEDES: 250-04i)-964 Suite 315 ANY QUESTIONS, SUGGESTIONS, OR CONTRACT SUPPLIER PROBLEMS WHICH MAY ARISE SHALl, BE BROUGHT TO THE ATTENTION OF DAVID COMER AT (850) 487-4196 SUNCOM 277-4196, E-MAIL mailto:comerd~dms.state, fl.us AUTHORITY Upon affirmative action taken by the State of Florida Depaliment of Managnment Services on June 30, 1998, a contract has been executed between the State of Florida and the designated contrac~rs. EFFECT This contract was entered into to provide economies in the purchase of Client Serv~ Systems by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be made under the terms, prices, and conditions oft_his conu~act and with the suppliers specified. ORDERING INSTRUCTIONS All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State and ~ local taxes. All contract purchase orders shall show the Division of Purchasing contract number, product number, quantity, description of item, with unit prices extended and Purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.) CONTRACTOR PERFORMANCE - Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR 7017. Should the vendor fall to correct the problem within a prescribed period of time, then form PUR 7029, Request for Assistance, is to be filed'with this office. SPECIAL AND GENERAL CONDITIONS Special and general conditions are enclosed for your infonnation~ Any re~riction~accepted from the supplier are noted on the ordering instructions. CONTRACT APPRAISAL FORM - State Contract Appraisal, form PUR 7073 should be used to provide your input and recommendations for improvements in the contract to the Division of Purchasing for receipt no later than 90 days prior to the expiration date of this contract. Authorized Signature DC/lmb Attachments http://fcn.state.fl us/st_contracts/250040991/cefdfication, htm 12/29/2000 Sui[e 315 Page 2 of 3 CONTRACTORS: 3Com Corporation ,(Rev 19 Aug 98) kBC Computers, Inc. trey 30 Jun 99) Acer America Alcatel (Rev 6 Dec 99) American !Power Conversion Amherst Corporate Computer Sales (Rev 1 Apr 99) Apple Computer, Inc. (Rev 20 Dec 99) Avaya, Inc. (Rev 28 Nov 00) Cabletron!Systems Sales and Service, [nc. (Rev 19 A~g 98) Cisco Systems, Inc. (Rev 19 Aug 98) Comark Government & Education Sales Compaq Computer Corporation (Rev 19 JUn 00) Compucom Systems, Inc. (Rev 23 Dec 98) Dell Marketing L.P. (Rex( 6 Dec 99) Executivei Source, Inc. CRev 8 May 00) Sateway 2000 Major Accounts, Inc. (Rev 1 Aug 00) Hayes Computer Systems (Rev 19 Aug 98) Hewlett Packard Company (Rev 19 Aug 98) International Btisiness Machines (Rev 30 Jtln 99) Lexmark International (Rev 1 Aug 00) IVlarcolli Commtlnications (Rev 6 Mar 00) NEC Computer Systems Division. Packard Bell NEC, Inc. Network Appliance (Rev 28 Nov 00) Nortel Networks USA, Inc. Pomeroy Computer Resources, Inc. Premio Computers Florida, [nc. (Rev 28 S~p 99) Silicon Graphics Computer Systems (Rev 19 Aug 98) Southern Computer Supplies, Inc. Sun Microsystems Federal, Inc. (Rev 19 Aug 98) TekResou[ee Service Corp. ~Rev 20 Oct 00) clnisys COrporation (Rev 30 JUn 99) http://fcn.state.fl.us/st_contracts/250040991/cerfificafion.htm (~) (A) (A) (A) (A) (A) (A) (A) (A) (A) (A) (A) (A) (A) (A) (A) (A) (A) (A) (A) (A) (A) (A) (A) (A) (A) 0~) (A) (A) (A) 12/29/2000 Suite 315 (Rev 30 Jun 99) Visara, Inc. (Rev 1 Aug 00) WIN Laboratories, Ltd. (A) (C) http://fcn.state.fl.us/st_contracts/250040991/certification, htm 12/29/2000 Compaq.com - State of Florida Page 1 of 2 . . COlqPAa United States December 29, 2000 Florida Online Store Florida Price List Contract Number: 250-040-99-1 The Florida Online Store features a customized, easy-to-use interface that displays products and information specific to the State of Florida contract. The Online Store enables you re: · Check out the state of Florida Hot SKUs · Access the latest price list · View product specifications i Create quotes w~th real-tmme pricing · Piece orders using a credit card or purchase oraer ® Inquire about oroer stares · View product/price comparisons Contract Number: 250-050-97-1 Midran_~e and Mainframe Computer Contract for Digital Equipment Corporation Contract Number: 250-040-99-1 Client Server Systems Contract for Digital Equipment Corporation orderin§ information For GEM Direct Orders Only Ordering Address; Compaq Computer Corporation Attention: Government Sales ~,O. Box 692025 MS590303 Houston, Texas 77269-2025 Ordering Fax; /~-800-825-2329 contact information Sales & Local Govt Sales & Order Status; 1-888-202-Gev-2 Education Sales & Order Status: 1-800-88 TEACH Healthcare Sales & Order Status: 1-800-4-MED-921 E-Mail Address: GEM Diredc(~ com boo.corn post sales technical support 1-800-OK-COI4PAQ Technical Support provides exper~ technical hardware telephone support for as long as you own your Compaq PC. Our technical suppor~ specialists are available to troubleshoot and diagnose your PC 7 days a week, 24 hours a day. pubhc sector pro§rams returns For GEM Direct Orders Only A return materiat authorization (RMA) is required on all returns, Contact Compaq State & Local Government Sales at :[-888-202- Gev-2 to arrange a return. Please have a copy of the package slip available when you call. Compaq standard http://web23pro.compaq.com/ccn_contenV gern/Florida/index.htm 12/29/2000 Compaq.com - State of Florida Page 2 of 2 Compaq offers several programs for State & Local Government hottopics The password thev'll never forget! Comoaa Finaerorint Identification T~chnoJoev Software updates and specified nformation for your Compaq products Comaae Info Hesseneer Hot deals on select Compaq products! Your Compaq computer comes with ohe of the best warranties in the business. Click here for more information Check out our Portables Desktoos awards! Online tools and technical information to plan, deploy and operate business solutions Comoaa activeAnswers & activeAnswers System COnfieunator privacy and leqal statement http://web23pro.compaq.conv ccn_content/gem/Florida/index.htm 12/29/2000 Requested City Commission Meeting Dates [] November 21, 2000 [] December 5. 2000 [] December 19, 2000 [] Ja~ua~ 2, 2001 V-CONSENT AGENDA CITY OF BOYNTON BEACH ITEH F. AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CiW Clerk's Offico Requested City Commission Meeting Dates Date Final Form Must be Turned tn to CiW Clerk's Office November9,2000 ~5:00p.m.) [] Janua~16, 2001 lanumy 3, 2001 (5:00 p.m.) November 22, 2000 (5:00 p.m.) [] February 6. 2001 January 17, 2001 (5:00 p.m.) December 6, 2000 (5:00 p.m.) [] February 20. 2001 February 7, 2001 (5:00 p.m.) December20,2000 (5:00p.m.) [] March6.2001 February 21, 2001 (5:00 p.m.) NATgJRE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve Task Order g2 with Utility Department Engineering Consultant, Metcalf & Ed. South EXPI and r prepa grou~ ly, in the amount of $35.500.00 for assistance in application for modification of the Water Use Permit with Florida Water Management District. ANATION: The City needs to expand the West Water Treatment Plant and increase capacity to meet demand ~main in compliance with Environmental Control Rule H (ECRII). In order to achieve this, we need to apply for ification of the Consumptive Use Permit issued by the South Florida Water Management District. Staff red the last permit application (5/99). However, this modification will be more significant and require the use of dwater modeling and the services of a professional hydrologist. PRO4 withd community and provide the bnsis for design of the West Plant expansion as well Plant./ ;RAM IMPACT: The current permit provides an annual allocation of 5,425 mg/year, and a maximum day ~awai of 20.66 mg through May 13, 2004. Additional allocation will be necessary to meet the demand of the as future modification to the East FISC WTR ALT! the es shall i proce kL IMPACT: The cost of this Task Order is $35,500 and funds are available in account g409-5000-590-96.01, 198. RNATIVES: The Consumptive Use Permit needs to be modified as water demands are approaching the limits of isting C,12~Furthermore ECRII requires that when the ~maximum day exceeds 80% of design, the supplier aitiate thq procedures for water trea~nent plant expansion". Modifyi01g the C.U.P. is the first step of this Utilities 0~n_~ n e~ Department Name City Attorney / Finance / Human Resources Bob Kenyon 0fic Dale Sugerman Barb Conboy SSBUL .ETIN~:ORMS~AGENDA ITEM REQUEST FORM.DOC Metcalf & Eddy January 2, 2001 3740 Executive Wa~ 'mraman FL 33025 tel: 954-450-7770 Fax: 954-450-51 O0 www.m-e.coro Mr. Robert Kenyon Deputy Director of Utilities City of Boynton Beach 124 East Woolbright Road Boynton Beach, FL 33435 Re: Assistance in Application for Water Use Permit Modification Agreement R00-137 Task Order #02 Dear Mr. Kenyon: Metcalf & Eddy, Inc is pleased to present the above referenced fee proposal. The proposal was prepared in accordance ~vith the terms and conditions of our contract with the City of Boynton Beach. The documents contain a description of the scope of services to be provided and the associated fees. Please contact me with any questions or comments ar 954-450-5114. We look forward to working with the City on this important assignment. Sincerely, METCALF & EDDY. 1NC. Vice President Enclosure: Fee Proposal Mark Blanchard- M&E Jay Ameno - M&E p:\¢ng\boyntonbeach\to02\rk010201,doc TASK ORDER #02 December 20, 2000 FEE PROPOSAL AND SCOPE OF SERVICES CITY OF BOYNTON BEACH B T T D pi W ASSISTANCE IN APPLICATION FOR WATER USE PERMIT MODIFICATION tckground te City of Boynton Beach needs to increase the treatment capacity of the Western Water eatment Plant to meet projected water demand and comply with Palm Beach County Health :partment Rule ECR-2. Accordingly, the City will need to apply for a modification to its water- e permit issued by the South Florida Water Management District (SFWMD). The Consultant will ~vide assistance to the City of Boynton Beach in the application for a water use permit (~-LIP) th the SFWMD by performing the activities described herein SCOPE OF SERVICES Task I Meet with City utility staff to discuss expansion plans. Information tO be provided by the City during this meeting include the official projections of maximum-day and average- day water demands on the system and on the Eastern and Western Water Treatment Plants, the quantities o£ raw and treated water expected, the capacities of the well fields to provide the demands, and possible additional well sites that could be included in the system. Meet with SFWMD staff to discuss District concerns regarding the potential expansion. The primary concerns expressed by the SFWMD in the past regarding Boynton Beach Utilities has been the potential for saline intrusion into the Eastern Well Field and the potential impact of raw water withdrawals on operations of the Lake Worth Drainage District and on lakes and water management systems in developed communities. Impacts on existing legal users and on isolated wetlands have not been major concerns in the past, although these impacts must be addressed in any water-use permit application. The Consultant will obtain from the SFWMD copies of the surface-water management permits and water-use permits for permittees in the vicinity of each well field. Also to be discussed are SFWMD's newly-developed guidelines for the use of groundwater models in the application process. After discussing the City's plans, the SFWMD staff will indicate whether this is a minor or major water-use permit modification and the associated requirements. Task 2 Develop computer groundwater model to,simulate requested withdrawals. Geraghty & Miller, Inc., developed a groundwater model that was used to permit the Western Well Field in 1988. Although the system description and the data developed for that project will be available and incorporated in this project to the extent possible, the SFWMD has developed, updated, and made available a regional Palm Beach County Groundwater Model to simulate groundwater use in southern Palm Beach County. The SFWMD is in the process of further updating this model, although the updated model likely will not be available within this application period. The Consultant will obtain from the SFWMD and utilize the most current acceptable groundwater flow model to simulate the Boynton Beach permit request. If necessary, the model will be modified to account for the location and approximate size and depth of water bodies near the two well fields and for existing legal and exempt users not previously considered in the model, whether the water use is from groundwater, lakes or canals. The Consultant will use the model to simulate the pumping pattern to be provided by the City, and will include average-day and maximum-day (or "peaked", if appropriate) pumping rates. The results will be compared to current District water-level criteria for saline intrusion, and potential impacts ori existing users, wetlands, lakes, and water-retention areas. Particular attention Mil be paid to the impact on water- retention areas within existing projects in the vicinity of the Western Well Field. Task 3 Prepare report. A report describing the model results and the associated recorrm~endations for the operation of the Boynton Beach raw water system will be prepared. After review and comment by Boynton Beach. this report will be finalized as a supporting document to the application for water-use permit modification to be prepared by the City. Included with the report will be appropriate graphics (drawdown and water-elevation contour maps). Input and output files will be provided on computer disk. Task 4 Respond to Requests for Additional Information (RFAIs). SFWMD typically issues RFAIs to clarify information submitted. The Consultant will support City staffand respond to those requests as appropriate and to the extent that the information is available. Meetings with City staff and SFWMD staffto discuss the RFAIs and the form of the responses are included in this scope. Responses will be reviewed by and coordinated with City staff. Information that is not hydrogeologic in nature, that is not available to the Consultant, or that is most clearly with/n the knowledge of the City or other City consultants are out of scope; if provided to the Consultant and if the City wishes, the additional out-of-scope information will be incorporated into RFAI responses. PROJECT SCHEDULE (s3c~ee work will be performed over a projected nine (9) month period. The schedule assumes a three month period for preparation of the actual permit application, and the remaining time in the edule for the actual permit review and issuance. It should be noted that M&E does not control th schedule required by the SFWMD for review and issuance of the permit, and as such this schedule is the best estimate based on previous experience. CbMPENSATION M~E proposes to perform the work described above for a time and materials rate amount of $35,500.00. C~st estimates are presented herein that show a breakdoxvn of fees for listed tasks. EngineeHngFees ASSISTANCEINAPPLICATION FOR WATERUSEPERM1TMODIFICATION Personnel Hourly Hours-Task 1 Hours-Task 2 Hours-Task 3 Hours-Task 4 Hours Total Total Fee, Rate ~dministat~ve $47.00 3 3 $141.0~ ~ssistant Clerical $37.00 2 4 $148.0~ Moclel Design $80.00 0i 132 20 4~ 200 $16,000.0~ Specialist ['rojec~ $108.00 10[ 16 12 1~ 54 $5,832.0~ Manager Senior $140.00 3 2 2 9 $1~260.0~ Modeling Projec$ $154.00 18 28 12 1~ 76 $11,754.0( Director I~peases $40.00 $140.0~ $160.00 $40~0( $380.0~ ~ tOTALS $35,465.0C A15PROVED BY: CITY OF BOYNTON BEACH, FLORIDA BY: Mayor Date: Approved as to Form: City Attorney SUBMITTED BY: M~tr..a&f"&r~ddy, Inc. ~ l Roberto S. Ortiz. P.E ] Vice-president ~: //=4o / Requested City Commission' Meeting Dates [] November 21. 2000 [] December 5. 2000 -- December 19. 2000 '--1 January. 2. 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Citw 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 Coramission Meetin~ Dates [] January 16, 2001 [] February 6, 2001 [] February 20, 2001 [] March 6, 2001 V-CONSENT AGENDA ITEM G. 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.) February 21, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation RECOMMENDATION: Review/Approval of Two Funding Requests EXPL~2qATION: The Community Investment Funding program was discussed at the November 21, 2000 City CommiSsion Meeting. At that time the City Commission requested that a resolution be adopted to support the policy decisio ] to implement this program. The policy, as outlined, provides for funding for public owned property and other e tigible programs to benefit the public. The policy specifically excludes use of public funds for improvement to pr,vat{ property. Funds for individual may not be authorized for expenditure without review and approval of the City C ~mmission. This is a request forwarded by Comm. Black for two projects: Grill System for Little LeagUe Park -- Estimated Material Cost $2,000 (does not include cost of installation) Contribution for General Library Collection - Estimated Cost $5,000 PROG [~d~I IMPACT: The program is designed to provide for community improvements based on recom~ aendations of members of the City Commission. These improvements may consist of improvement to park properties; installation of architectural features on city property or other acfivities benefiting the public. / FISCAL IMPACT: The estimated cost of the program is $7,000 from an allocation of $25,000/yr. for Comm. Black ~s a member of the City Commission. This program has been included in the 2001-01 FY Budget. / INATIVES: Not approve the request for funding. Department Head's Signature Department Name ' '~ity Manager s Signature City Attorney / Finance / Human Resources S:\BULIJET1N~ORMSXAGENDA ITEM P~EQUEST FORM.DOC The City of Beach OFFICE OF THE CPIW MANAGER I O0 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beac]% FZorkta 33 4 25~0310 Ci~J Manager's Office: ($61) 742-6010 FAX: {S61] 742-601I To: Kurt Bressncr, City Manager From: Bruce Black, City Commissioner Date: January 8, 2001 Re: Request for City Commission Review of Two Community Investment Fund Proposals Please place two Community Investment Fund requests on a future City Commission Agenda to be discussed by the City Commission. The requests are summarized below: Grill System for Little League Park: Our baseball fields on Woolbright, adjoirfing the cemetery, serves as a home away from home for those families involved in our little league programs. Those families spend countless hours there throughout the season. It truly is a love affair for all of those who participate. I would like to purchase a propane gas grill for the ball field. It will be a post mounted one that will be camented in place. The families will bring their own portable gas tank for use with the grill. In addition I spoke with John Wildner, parks director, he can provide the labor to build a charcoal grill. This would be constructed with firebricks and be approximately 24" by 36" wide. The charcoal one will enable the field to cook for large groups and the gas one will enable the family members to provide quick dinners to the members of their families while they spend many evenings at the field each week. The estimated cost of the grill and material is $2,000. Installation would be extra and if the City staffis unable to allocate resources to install, I will seek volunteer labor to complete the installation. Dave Berry has just recently stepped aside as the director of the little league. For his many years of tireless service to that organization, I ~vould like to have a plaque placed and dedicate these grills in his honor. ContributiontoLibraryforGeneralBookCollection: I would like to allocate five thousand dollars to Boynton Beach City Library. I would like these funds to go towards the purchase of books. The Library and Books can open up the world to every one. They can start a child on the road to a lifetime of joy and discovery. They can be a lifelong tool to be used and enjoyed by people of ail ages. Libraries serve a vital role in the community and in many peoples life. I hope that this small gesture of help will enable our library to bring more enjoyment to the patrons of that fine facility. Guidelines for Distribution of Community Investment Funds Introduction: Included in the City of Boynton Beach Budget for Fiscal 2000-01 program year is $125,000 in Community Investment Funds. The funds are available to each of the five members of the City Commission in the amount of $25,000 to support community projects and activities. This report will suggest basic guidelines for the distribution and use c~f these public fimds for community projects or activities. · Program Eligibility Period: October 1, 2000 to September 30, 2001 · Amount available to each member of the City Commission: $25,000 broken into two eligibility periods: October 1, 2000 to February 28, 2001 - maximum of $12,500 March 1, 2000 to September 30, 2001 maximum of $12,500 plus any carry-over from prior six month period. The purpose of the two eligibility periods is to assure funding opportunities to outgoing and incoming members of the City Commission based on the March 2001 election. Ehgible projects may consist of assistance to local community organizations for physical improvements to public property or public rights of way such as parks, medians or other City-owned property. The assistance may be in outright grants to support improvements to public property or on a cost-sharing basis with local organizations. Before funding, the proposed improvements must receive necessary permits, staff review for compatibility with design plans or capital construction plans and must be approved by the City Commission by motion on the Consent Agenda. Ineligible projects include direct financial support or gifts to individuals, businesses, or associations including funding of any operational activities. Funds may not be used to support or otherwise subsidize the operational expenses of City Departments. KB: 11/10/00, 11/21/00, ! 1/23/00 Reauested City Commission Meetina Dates [-- NoYember21 2000 r-' December 5. 2000 [- December 19. 2000 r- January 2, 2001 VZI'-PUBLZC HEARZNG 1'TEN A. CITY OF BOYNTON B :ACH '"- 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 Meetine Da~'_e_s [] January 16.200~ ['- February 6,2001 [] Februa~ 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.) NATqRE OF AGENDAITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECqMMENDATION: That Commission approves Resolution 01- I~or a Special Warranty Deed conveying title to~ Sandra McPherson for Lot 64, less the West 20', Lots 65, 66 and the West 5' of Lot 67, CHERRY HILLS, as recorded in Plat Book 4, Page 58 of the Public Records of Palm Beach County, Florida, EXPLg. NATION: Ms. McPherson has been approved for a mortgage as a participant in the City's [nfill Const~',uction Program. She has selected a city-owned lot to build a single family dwelling fo~' her family of tl~ree (3) to reside in Boynton Beach. PROG~RAM~ IMPACT: A new single family dwelling will be added to a neighborhood located within the City's target area. Upon approval, this would be the fourth (4'") new home pending construction in this location within the past ,"ar. FISC home: munic ALTE ~NATIVES: None; ~ i:, S, °Dne Po~ ~:~ em~ u° fn .r~ei~eP;i~im e n t Department Name ,L IMPACT: Taxable value added to the City of Boynton Beach of approximately $90,0000.00, less ~tead exemption. The vacant lot itself is valued at approximately $9,500.00, but since it is owned by the pality, the city currently receives no revenue from it. · C~ty Manager s Signature City Attorney / Finance / Human Resources REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or ~ Legal Advertisement published and must be submitted to the Office of the City Attorney two (2) working days prior to the first publishing date requested below. ~ ' ORIGINATOR: Department of Development - Division of Cc mmunity Redevelopment PREPARED BY: Octavia S. Sherrod DATE PREPARED: November 30, 2000 BRIEF DESCRIPTION OF NOTICE OR AD: Notice of Intent to Sell Property for Infill Participant (see attached) SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size/Style, Section Placement, Black Border, etc...) Legal Notices SEND COPIES OF AD TO: Octavia S. Sherrod, Community Development Manager Division of Community Redevelopment P. O. Box 310 Boynton Beach, FL 33435 NEWSPAPER(S) TO PUBLISH: Palm Beach Post DATE(S) TO BE PUBLISHED: ASAP APPROVED BY: ~ (Originator) ///-%.~J-~-~¢ (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: NO. 765926 NOTICE. OF INTENT TO SELL R~AL PROPERTY NOTICE IS HEREBY GIVEN, that the City of Boynton Beach, Florida has determined to sell the fol~.~Jwlng described property: Lot 64, less the West 20', Lots 65, 66 and the West 5' of Lot 67, CHERRY HILLS, as record- ed in Plat Book 4, Page 58 o! the Public Records of Palm Beach County, Florida. The sale of 'property Is for public purpose pursuant to an agreement entered into be- tween the City of Boynton Beach and Sandra McPher$on. Further Information, as is available, may be obtained from the Division of Communi- ty Redevelopment in the West Wing of City Hall, located at 100 E. Boynton Beach Blvd., Boynton Beach, FL' 33435. The City Commission of the City of Boynton Beach shall hold a public hearing on the propos.ed sale at their regular City Commission meeting Jan-: usry 16th, 2001 at 6:30 p.m. In Commission Chambers, City Hall. Contact the Division of Community Redevelopment at 742-6066. .PUBLISH: PALM BEACH POST DECEMBER 13, 2000 RESOLUTION R 0l- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A SPECIAL WARRANTY DEED CONVEYING PROPERTY AS PART OF THE CITY'S INFILL CONSTRUCTION PROGRAM TO SANDRA McPHERSON, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, SANE)PA McPHERSON has been approved for a mortgage as a participant in the City of Boynton Beach Infill Construction Program; and WHEREAS, SANDRA McPHERSON has selected a city-owned lot in the Cherry Hills Subdivision and desires to build a single family home on said lot; and WHEREAS, the construction of single-family housing in existing subdivisions throughout the City is encouraged for the purpose of community revitalization and increased taxable value; and WHEREAS, the City Commission of the City of Boynton Beach, based upon staff recommendation, finds it to be in the best interests of the community and its residents to convey the below-described property to SANDRA McPHERSON, for the purpose of constructing a single family home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute a Special Warranty Deed conveying certain property in Cherry Hills Subdivision, to SANDRA McPHERSON, as part of the City's Infill Construction Program. A copy of the Special Warranty Deeds are attached hereto as Exhibit "A". Section2. This Resolution will passage. PASSED AND ADOPTED this become effective immediately upon day of January, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) THIS INSTRUMENT WAS PREPARED BY: lames A. Cherof, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made this day of January, 2001, between the CITY OF BOYNTON BEACH, a Florida municipal corporation, whose post office address is P.O. Box 310, Boynton Beach, Florida 33425-0310, hereinafter referred to as "Grantor" and SANDRA McPHERSON, whose post office address is as "Grantee"). Palm Beach County, Florida, (hereinafter referred to WITNESSETH: That said Grantor, for and in consideration of the sum of TEN ($10.00) DOLLARS, and other good and valuable considerations to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the Grantee, and Grantee's heirs and asmgn forever, the following described land, situate, lying and being in Palm Beach County, Florida, to wit: SEE ATTACHED EXH1BIT "A". TOGETHER with all of the Grantor's interest in and to all licenses, approvals, tenements, hereditaments and appurtenances belonging or in any way appertaining to the Property, including without limitation on the foregoing, all right, title and interest of Grantor in and to any land lying in the bed of any dedicated street, alley, road or avenue (before or after vacation thereof, and whether previously abandoned or vacated or hereafter abandoned or vacated) in front of or adjoining the Property to the centerline thereof. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantors do hereby covenant with the Grantee, that the Grantor is lawfully seized of the Property in fee simple; that the Grantor have good fight and lawful authori .ty to sell and convey the Property; the Grantor do hereby fully warrant the title to the Property and will defend the same against the lawful cla/ms of all persons claim/ng by, through or under the Grantor; and that the Property is free and clear of all encumbrances except for (1) zoning, restrictions, proh/bitions and other requirements imposed by govemrnental authority;, (2) restrictions, easements and other matters appearing on the plat(s) of the Property; (3) easements, restrictions, covenants and reservations of record. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hands and seals the day and year first above written. Signed, sealed and delivered CITY OF BOYNTON BEACH Print or Type Name Prhat or Type Name Mayor STATE OF FLORIDA ) ) SS.: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of January, 2001, by Mayor Gerald Broening of the City of Boymon Beach. He is personally known to me or has pmfluced as identification and did not take an oath. NOTARY PUBLIC Print or Type Name My Commission Expires: 2 EXHIBIT A Lot 64, less the West 20', Lots 65, 66 and the west 5' of Lot 67, CHERRY HILLS, as recorded in Plat Book 4, Page 58 of the Public Records of Palm Beach County, Florida. Requested City Comra~ssion Meeting Dates [] November 21, 2000 [] December 5, 2000 [] December 19. 2000 [] January 2. 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Citw Clerk's Office November 9. 2000 5:00 p.m.) November 22. 2000 5:00 p.m.1 December 6. 2000 (5:00 p.m.i December 20. 2000 (5:00 p.m.) Requested City Commission Meeting Dates [] January 16. 2001 [] February 6, 200I [] February 20. 2001 [] March6. 2001 X-NEW BUSINESS ITEI I A Date Final Form Must be Turned in to City Clerk's Office January 3, 2001 (5:00 p.m./ January 17.2001 5:00p.m.) February 7, 2001 (5:00 p.m.) February 21, 2001 5:00 p.m. NATU~IE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Armouncemem [] Presentation RECOMMENDATION: Review of Proposed Indexed Property Tax Cap EXPL .~.ATION: Commissioner Ferguson has requested the City Commission approve a resolution establishing a property tax cap program based on an index of growth based on the amount of growth in assessed value for the eommunity. By way of example, if the assessed valuation of the community increases by 10%, half of this amounl (5%) would be used to decrease the overall tax rate in the form of a voluntary roll-back of the tax levy by 50% olt the increase in the assessed value. The goal of the program is to reduce the overall tax rate in the City. PROGRAM IMPACT: The program needs careful review by the City staff to evaluate impact of the proposal. FISCAL IMPACT: Unknown until staff prepares analysis. ALTERNATIVES: Unknown until staff prepares analysis. Department Head's Signature City Manager's Signature Department Name City A~omey / Finance / Human Resources S:~BULLETINZFORMS~AGENDA ITEM REQUEST FORM.DOC Memorandum To: Kurt Bressner City Manager From: Commissioner Mike Ferguson Date: January 9, 2001 Re: Indexed Proper~y Tax Cap Current ad valorem taxes generate about $20 million during this fiscal year; this is the largest single City revenue source and it accounts for a little less than half of overall revenues. This revenue is based on a tax rate of 8.24 mills and a net assessed property valuation of 2.558 billion dollars. Substantial growth is occurring in the proper~y valuation part of the equation. Tins memorandum proposes that for each 10% increase in this base, one-half, or 5% be used to decrease the overall tax rate of 8.24 mills. For example, when the assessed property value reaches about ~2.8 billion ~probably during 2001 or early 2002), this triggers a 5% reduction in the tax rate, from 8.24 mills to 7.8 mills. Similar reductions will occur until the tax rate is below 6.0 mills; this would represent almost a 30% reduction in City taxes paid by property owners. RATIONALE 1. Current Tax rate is mildly precarious and appears too close to the 10.0 mill limit. End goal for this memorandum, short-term, of a millage rate below 6.0 mills means that assessed valuations need to go up 60% to a level of about $4.0 billion. It is possible to reach this by 2005-2006 with projects already in the pipeline like B.J.'s, Wal-Mart, Lowe's, four rental properties, the Marina and Quantum Park. 3. This imposes a level of fiscal discipline on the City which seems larger than it actually is since i~ affects only about 25% of projected revenue increases (one half of City revenues come from sources other than ad valorem taxes). 4. It gives the citizens a demonstrable and measurable share in the city growth and create§ a huge plus to the City toward world class status in achieving major tax reductions along with substantial growth. MF:jc c: Honorable Mayor & City CommiSsion · Page 2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XI-LEGAL ITEM A.1 Requested Cit~ Commission Meefin~ Dates [] November 21. 2000 [] December 5. 2000 [] December 19. 2000 [] ~anuary 2, 2001 Date FinaI Form Must be Turned in to City Clerk's Officg November 9.2000 ~5:00 p.m.) November 22, 2000 (5:00 p.m.I December 6. 2000 tS:00 p.rm) December 20. 2000 /5:00 p.m.) Requested Cit) 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 Offing 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 IIEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heuring [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Please place the attach~e~a ordinance, pertaining to the request below on the January 16, 2001 City Commission agenda trader Legal, Ordinances-2 a Reading. This ordinance was approved on 1st Reading by the City Comr~issioI} on Jen~ary 2, 2001. As you may recall, the amendment was approved for mmsmittal to the Florida Department of Cdmmumty Affairs (DCA) at the July 5, 2000, City Commission meeting to amend the Comprehensive Plan Future Land Use Element by establishing overlays and design plans for primary target areas. There are no objections, recommendations or cc~mments by the DCA. Please note the bold and crossed-out text within the staff report represents changes, reconunended by staff, to the original text to incorporate current direction of the city. These revisions would allow for flexi, iii? in the ultimate redevelopment mechanisms to be generated from the Federal Highway Corridor Study, as well as from t.,ubsequent planning studies on the other target areas. Although the backup materials may indicate a proposed date of 2003~ the completaon date for the ordinance remains 2002. The state allows for changes to amendments and reviews them as part df their fmal compliance m~view. Staffrecommands this request be approved. EXPLANATION: PROJECT NAME: 20/20 PLAN OVERLAY DISTRICTS AGENT: City of Boyaton Beach DESCRIPTION: 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 which implements Objective 2.4 of the Boynton Beach Vision 20/20 Redevelopment Master Plan by the establishment of redevelopment mechanisms and design plans for primary target areas. PRO~RAM IMPACT: Continued implementation of the 20/20 Redevelopment Plan. FISC.a~L IMPACT: N/A ALTERNATIVES: Approval of this amendment would be consistent with previous Commission action when the proposed amendment was originally transmitted. L~'D'irec{or o[ Deqelopme~t City Manager's Signature City Attorney / Finance / Human Resources ORDINANCE NO. 01- 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 COMPREHENSWE PLAN; SAID TEXT AMENDMENTS WILL ALLOW FOR CONSISTENCY WITH AND FURTHER GOALS AND OBJECTIVES OF BOTH THE ADOPTED COMPREHENSWE 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 .MN EFFECTIVE DATE. WHEREAS, staff recommended amendments to the text of the Comprehensive Plan, ~hich were processed and approved with the year 2000 second cycle submitted for the April 1, 2000 deadline; and amendments will enable the-City staff to move forward in WHEREAS, the proposed the implementation of Goal 2 - Commercial Revitalization of the Vision 20/20 Redevelopment Master Plan; and WHEREAS, after public hearing 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 BOY!NTObl BEACH, FLORIDA, TRAT: Section L 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: Policy1.9.5 The City, by 2002, ~hal! conduct studies and/or prepare redevelopment plans for areas designated by the Primary Target Areas Overlay. The plans shall in part implement or fitrther the adopted Bovmon Beach 20/20 Redevelopment Master Plan with use provisions, development standards and design criter/a which may address public improvementn, infrastructure, building placement, architectural character, streetscape, signage, landmark opportunities and unifying design concepts. Implementation mechani~m.q mat' include, but are nor limited to, adoption of overlays in the land development regulations amendments to land development regulations, and/or through rezoning of new or existing districts. The Primary Target Areas which qhall be studied include but are not necessarily limited to: · Martin Luther King Boulevard from Seacrest Boulevard to U.S. [; · U.S. 1 from north to south ciW limits; · Bo,~nton Beach Boulevard. fitb~-U;S~.q to ~-95; · Ocean Avenue from the Marina to Seacrest Boulevard: and · GolfRo~d between U.S. i and Seacrest Boulevard Each Primary Target Area shall ultimately be delineated appropriately on the Future Land Use Map. Until such time as the studies can be conducted and mechanism~ implemented for such an area, public investment - ~n terms of infrastructure - 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; · Consideration of the use request on its own merits with the existing zomng 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. Section2. That Policy 1.16.1 of the Future Land Use Element of the .'oraprehensive Plan is hereby amended by adding the words and figures in underlined type, as follows: ... Conservation Overlay. The target areas delineated in the Boynton Beach 20/20 Redevelopment Master plan as Primary Target Areas shall be studied. Studies and/or redevelopment studies may address public improvements, infrastructure, building placement, architectural character, srreetscape, st~nage, landmark opportunities and unifying design concepts. Implementation mechanisms may include, but .are not limited to, adoption of overla~ in the land development regulations amendments to land development regulations, and/or through rezoning to new or existing districts. Overall Design Plans prepared for each area shall be reviewed by the Community Redevelopment Agency and approved by the City Commission. The Primary 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; Bognton 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 Section 3. All laws and ordinances applying to the City of Boynton Beach in :onflict with any provisions 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 jurisdicfi, on to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. Authority is hereby granted 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 Comrmssion 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 ~he 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 "A" and made a part of this ordinance by reference. FIRST READING'this ,~ day of _e~,~l,~'~,~¢ , 2001 SECOND, FINAL READING AND PASSAGE this day of ,2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk s:¢a\ord~mend Comp. Plan- Visions 20-20120800 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Corranission Meeting Date~ in to City Clerk's Office Meetin~ Dates [] November21.2000 November9.2000 f5:00p.m.) [] January l6. 2001 [] DecemberS, 2000 November22,2000 (5:00p.m.) [] February6,2001 [] Decemberlg, 2000 December6,2000 (5:00p.m.) [] February20.2001 [] January2,2001 December 20~ 2000 [5:00p.m.) [] March62001 [-- Admin/strative [] NATURE OF [] Coment Agenda [] AGENDA ITEM [] Public Hearing [~ [] Bias [] [] mmouncemant [] XI-LEGAL ITEM A.2 Date Final Form Must be Turned ~n to Ciw Clerk's Office January 3, 2001 (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.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place this request on the January 16, 2000 City Commission .Agenda und~ Legal, Orthn~ces-2~a Reading. This ordinance was approved on 1~' Reading by the City Commission on January 2, 2001. The Planning and Development Board, with a 3-3 tie-vote, forwarded this request with a recommendation for denial. For further details pertaining to this request see Department of Development Memorandum No. PZ 00-338. EXPL~NATION: PROJECT NAME: AGENT: OWI~ER: LOCA' 7ION: DESC! IPTION: PROG FISC~ ALTE] WOOLBRIGHT PLACE PUD (WOOD PARTNERS) K/lday & Associates, Inc. Wood Panners West side of S.W. 8t~ Street, approximately 1/8 mile north of Woolbright Road Request for rezoning from PCD to PUD and amend the previously approved PUD master plan to allow for construction of multi-family dwellings, on t4.18 acres at a density of 10.8 DU/AC. [lAM IMPACT: N/A L IMPACT: N/A [NATIVES: N/A Developmen~ ]Yep~a~r~e n'~t"D ir e ct o r City Manager's Signature City Attorney / Finance / Human Resources ORDINANCE NO2 01 - 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 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. XI-LEGAL ITEM A.2 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 WItEREAS, 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 tract of land, said land being more particularly described hereinafter, firom 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 Unit Development Master Plan to allow, for construction of multifamily 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 Drdinance by reference. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended ~ccordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby :epealed2 Section 4: Should any section or provision of this Ordinance or any portion :hereof be declared by a court of competent jurisdiction to be invalid, such decision shall ~ot 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 January, 2001. CITY OFBOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) s:ca\Ord\ Woolbright Place PUD LAND DESCRIPTION: Tract F. WOO[BRIGHT PLACE PLAT 1, according to the Plat thereof recorded in Plat Book 67, Pages 47 through 49. Public Records of Palm Beach County, Florida, ALSO DESCRIBE~ AS FOLLOWS: Tract F, WOO[BRIGHT PLACE PLAT 1, according to the Plat thereof recorded in Plat Book 67, Page 47 through 49, Public Eecorde of Palm Beach County, Roride. more ~articularly descried as follows: BEGIN at the southwest corner of said Tract F; thence N20'54'51"W. 1012.14- feet; thence N65'52'O6"E. 248.35 feet; thence N88'26'51"E, 60.00 feet; thence NO1'33'O9"W, 180.09 feet; thence N88'26'51"E. 358.72 feet; thence S01'30'32"W. 23.79 feet; thence S01'06'23'E. 416.46 feet to c point of curvature of o tangent curve concave to the east: thence southeasterly along the arc of said curve, having a radius of 1550.76 feet and a central angle of 08'35'32". a distance of 232.56 feet; thence S54-'44-'29"E. 6.37 feet to a point on a non-tangent curve concave to the northeast (a radial line to said point bears S80'08'04-"W); thence southeasterly along the arc of said curve, having a radius of 1546.26 feet and a central angle of 09'20'4-1", a distance of 252.19 feet to a point of reverse curvature of o curve concave .to the southwest; [hence southeasterly aJon~l, the arc of said curve, having a radius of 1743.74 feet and a centra~ angle of 10'24.39 . o distance of 316.84. feet: thence S88'26'13"W. 4-53.50 feet to [he POINT OF BEGINNING. Said rands situate h 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 INGLE FAMILY 7EStDENTIAL SITE i R{quested City Comm/ssion Meeting Dates [] November 21, 2000 [] Deiember 5, 2000 [] Deiember 19, 2000 January 2, 2001 AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Xl. Date Final F~m 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.rn~) Requested City Corranission Meetin~ 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 Business [] Public Hearing [] Legal [] Bids [] Unrra/shed Business [] Announcement [] Presentation LEGAL A. 3 RECOMMENDATION: Please place the attached ordinance pertaining to the request below, on the January. 16. 2001, City Commi~smn agenda under Legal, Ordinances-2"d Reading. This ordinance was approved on 1s~ Reading by the City Co~mrm~sion on January 2, 2001. As you may recall, the amendment was approved for transmittal to the Florida Department of Community Affairs (DCA) at the July 18, 2000, City Commission meeting to amend thc Comprehensive Plan Future Land Use M~ip from Local Retail commercial (LRC) to High Density Residential (HI)RI for 14.18 acres. There are no objections, recomn~endations or comments by the DCA. Staffrecommends this request be approve& m connection with the approval of the corresponding application for rezoinng/master plan modification. EXPL4tNATION: PROJE~T NAME: AGENT: OWNE : LO~A~I;N: DESCRIPTION: WOOD PARTNERS Kilday & Associates. Inc Wood Partners West side ofSW 8th Street apprordmately 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 (I:IDR) for 14.18 acres. PROGRAM IMPACT: N/A ]FISCAL IMPACT: N/A ALTERNATIVES: proposed amendment was originally lxansmitted. Pla ' o and Zon~ig'Director LJ~iCe~tbr ~ Dev~lop'~urclnt Approval of this amendment would be consistent with previous Commission action when the ° City'~M'a~aager's Signature City Attorney / Finance / Human Resources JSSHRDATA~PlanningxSHARED\WP~PROJECTS\Wood Partners LUAR-REZN-MPMD\CC 01-16-01 agenda request.dot ORDINANCE NO. 01-03 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 (LRC) 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 Woolbright 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 study, the City Commission deems it in the best interest of the inhabitants of said City to amend the text of the Future XI. LEGAL' A. 3 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 Problems 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 +k,~ r',,.,o*-,~ ~4 ........ * ~ .... * ""~";""" .......... '~"~ that these Pa¢cels be taken out of the Local Retail Commercial land use category, and placed in the Special High Density Residential category. , ~ ~'""~ ~"+";~ "' ...... ;"~ ~""'~ ...... + .....This recommendation not ...................................... ~, ,, was enacted because a site plan and construction drawin.qs for a shoppin.q center on this site have been approved by the City. The shoppin.q 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 cate.qory and p aced in the Special Hi.qh Density Residential cateqory to encouraqe 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 "A" and made a part of this ordinance by reference. FIRST READING this ~ dayof January SECOND, FINAL READING AND PASSAGE ,2001. ,2001. this day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor CommissIoner Commissioner Commissioner ATTEST: City Clerk CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XI-LEGAL ITEM A.4 Requested City Commission Meeting Dates [] NOvember 2I, 2000 [] Docember 5, 2000 [] D~cember 19, 2000 [] Jmluary 2, 2001 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.) Requesmd City Commission Meeting Date! [] January l6,2001 [] Febmary6,2001 [] Febmary20,2001 [] 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.ra.) Febmaw 21, 2001 (5:00 p.m.) i [] Administrative [] Development Plans / NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Businass [] Announcement [] Presentation RECC Orthm may re (there: EXPL PROJt AGEN APPLI OWN[ LOCA DESCI MMENDATION: Please place this request on the January 16, 2001 City Commission Agenda under Legal, aces - 2nd Reading. This ordinance was approved on 1~t Reading by the City Commission on January 2, 2001. As you :all, the Planning and Development Board with a unanimous vote recommended that the subject request be approved re no conditions recommended by staffnor the Planning and Development Board). kNATION: CT NAME: F: 2ANT: R: ['ION: 2PTION: BOYNTON BEACH BOULEVARD PCD (BJ'S WHOLESALE CLUB) Roscoe Biby, KJmley-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/restaurant outparcels and related improvements. PRO( RAM IMPACT: 15!'/A HSCAL IMPACT: N/A ALTE]~NATIVES: N/A Pla ' o and'Zoulng ~)~tor ' D e~e~p~ent'[D ~p~m~ent ~Director J:~S I~°-DAT+K°Ianu~g~S HARED\X~'RO JE C T SMB J's Whole~a]¢ Club {Rezonhag)\CC 1-t6-01 Ageada It~rt Request.dot S :kBULL~TINkFO RM SkAGEN DA ITEM REQUEST FORM.DOC City 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 KIMLEY-HORN AND ASSOCIATES; AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM-- PLANNED COMMERCIAL DEVELOPMENT TO PLANNED COMMERCIAL DEVELOPMENT IN ORDER TO OBTAIN APPROVAL OF A NEVV MASTER PLAN, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. XZ-LEGAL I'TEM A.4 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-Horn & 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 tract 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/ ma]or master plan modification be approved; and WHEREAS~ the City Commission deems it in the Dest interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW~ THEREFORE~ BE 1'1' ORDAZNED BY THE CI"I'Y CO/4/41:SSi'ON 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" "1 )e 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.I's Nholesale Club store with ancillary gas station, a bank, two future retail/restaurant out- )arcels and 'related improvements'as set forth. A location map is attached hereto as ~xhibit "B" ~'nd 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 .lanuary, 2001. SECOND, FINAL READING and PASSAGE this day of .lanuary, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk {Corporate Seal) $:ca\Ord\lBJ's Whole Sale revised 12J29/00 L~GAL DESCRJPTION: . Lo~s C~ D and £, LP. SS exis~ns St~ R°ad ~.W~y, ~t~ ~: to~ C, D ~ ~. ~S e~n~ S~te 9EA~ F~S CO. P~T NO. ~, ~ ~ ~ Pht ~f~ ~ in ~ Ot~ce of~ ~ The 30.00 fora Road Right-of-Way ly~n~ in Palm Be, ach Fnrms Can~any Pl~t No. ~ ~ ~y ~ of t~ ~ li~ of ~t ~ B~k 28. ~1 I~g ~ Palm P~ No. 8. LOCA~ON MAP -BO~nBea~ Bo~evarl:lPco(~ Whleen/e) i:IIAA 80/LO 'd [~0L£881~6 'ON ~_,-[ [eta Nt~D"I'~,:IO)t NO^~dN [§:Z[ ~lXJL 00-8;~-03~1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Xl. LEGAL A. 5 Requested City Commission Meeting Dat~ [] Nqvember 21,2000 [] December 5, 2000 [] December 19, 2000 NATtrRE OF AGEr ~DA ITEM 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.) December6,2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) [] Administrative [] Consent Agenda [] Public Hearing [] Announcement Requested City Commission Meetin~ Dates [] January 16,2001 [] Febmary 6, 2001 [] February 20, 2001 [] Marcl~ 6, 2001 Date F~nal Form Must be Turned in to City Clerk's Office Januaw 3, 200I (5:00 p.m.) January 17, 2901 (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21,200I (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECC MMENDATION: Please place rids request on the January 16, 2001 City Commission Agenda under Legal, Ordi~. ces-2aa Reading. This ordinance was approved on 1st Reading by the City Commission on January 2, 2001. The Planning and Development Board with a 6-0 vote recommended that the subject request be approved (there are no conditions recommended by staff nor the Planning and Development Board). For further details perta/ning to this request see Depart nent of Development Memorandum No. PZ 00-273. EXI~L. PRO J[ AGEN OWNt LOCA DESC] kNATION: CT NAME: r: R: ?ION: .I~TION: BOYNTON SHOPPES PCD (I-I~ISE PCD) Robert E. Basehart, Basehart Consulting, Inc. Boynton Shoppes, LLC 1620 S. Congress Avenue Request for Major Master Plan Modification/Rezoning to allow for the conslraction of an additional 3,000 square foot retail building located on a 0.727 acre outparcel in the Boynton Shoppes PCD. FISCAJL IMPACT. N/A AL'rE] hNATIVES: N/A Plannin,~ and Zoning lYufecf0r- City Attorney / Finance / Human ResoUrces gHRDATA~PLANI~NG~H2kKED\WIqPROJECTS~BOYNTON SitOPPgS (RE-ZONIiqG)~CC 1-164) 1 AGFmNDA RigQUEST.DOT ORDINANCE NO. 01-~ AN ORDINANCE OF THE CiTY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF BASEHART CONSULTING INC.; AMENDING ORDINANCE 91-70 OF SAID CiTY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREINf TO ALLOW A: MAJOR MASImR PLAN MODIFICATION TO THE BOYNTON SHOPPES PLANNED COMMERCIAL DEVELOPMENT; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. XI. LEGAL A. S 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, Basehart Consulting, 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/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 11' ORDAZNED BY THE crrY COMMXSSXON OF THE CI'TY OF BOYNTON BEACH, FLOR/DA~ THAT: Section 1: The following described land, located in the City of Boynton Beach, Rorida as set forth as follows: See Attached Exhibit be and the same is hereby rezoned to approve the major master plan modification 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: ~ccordingly. Section 3: repealed. That the aforesaid Revised Zoning Hap of the City shall be amended All ordinances or parts of ordinances in conflict herewith are hereby Section 4.: Should any section or provision of this Ordinance or any portion ~hereof be declared by a court of competent jurisdiction to be invalid, such decision shall qot affect the remainder of this Ordinance. Section 5: This ordinance shall become effective immediately upon passage. FI'RST READING this ~ day of.lanuary, 2001. SECOND, FINAL READING and PASSAGE this day of 3anuary, 2007.. CITY OF BOYNTON BEACH, FLOR[DA City Clerk (Corporate Seal) s:ca\Ord~P, ezoning Boynton Shoppes PCD Mayor Vice Mayor Commissioner Commissioner Commissioner BoTnCon B~ch, ~a~m .Beach Co~tuCy, Flo=ic~, ~e~.u9 more pa~-r, xc-a~ y .ou~ --_~-.;:_ _ ='-~e o~ 9s~.~ ~-~--ce ~o~ 87 de~eea 40 se~ ' :~ -1 ~--" 23 ~ 24 I~~" ~C, ~ & ~ S~d W~ ........ J- M..~ ~ a ~ 357.00 ~ ..... '~ (~o ~ 64.00 ~eet ~ o~ ~ ~C~A~ ~A~ ~, ~ ~--- ~ 87 40 ~-~ .... l~ ~, ~ ~dNo~ ~ o~ Se~ 32, WOOLBRIGHT ROAD... Requested City Commission Meefine Dates [] November21. 2000 DecemberS. 2000 [] December 19. 2000 [] January 2, 2001 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM LEGAL A. 6 Date Final Form Must be Turned in to City Clerk's Office Requested City Cormmssion Meeting Dates November 9. 2000 (5:00 p.m. [~ January 16, 200 l November 22. 2000 (5:00 p.m.) December 6. 2000 (5:00p.m.) December 20. 2000 (5:00 p.m.) [-- February 6. 200I [] Febmary20,200I [] March 6.2001 [] Administrative [] [] Consent Agenda [] [] Bids [] [] Announcement [] 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.) February 21, 2001 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place this request on the Janua~ 16, 2001, City Commission Agenda under Legal, Ordinences-2nd Reading. This ordinance was approved on 1~ Reading by the City comrmssiun on January 2, 2001. For further details pertaining to this request see Department of Development Memorandum No. PZ 00-229. EXPLANATION: PROJECT NAMe: AGENT: OW2qER: LOCATION: DESCRIPTION: GROTTO BAY ~ BERMUDA PLACE (EASEMENT) Joni Brinkman, 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 thc Quantum Park PID. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Planning end Zoni~"~ctor City_Attorney Finance / Human Resources \\c HWIAIN~SHRDATA~Planning~S HARED\WP~PROJECTS\Quantum Park ~?rrotto Bay ~ Bermuda Place~Aban\CC 1-16-2001 Agenda Request.dot XI. LEGAL A. 6 ORDINANCE NO. 01-~; AN-ORDINANCE OF THE CITY COMMISSION OF THE Cl-I'Y OF BOYNTON BEACH, FLORIDA, ABANDONING A 20 FOOT UTILITY EASEMENT BETWEEN 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 A'I'rACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREA$~ 3oni 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 Tr ORDAINED BY THE CTrY COf4HISSION OF THE CITY OF BOYNTON BEACH, FLOR/DA, 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" show~ the location of the property, and includes a diagram of the specific easement to be abandoned. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 3. All ordinances or parts of ordinances in conflict herewith be and the same al'e hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a-.court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 5. This ordinance shall become effective passage. 2001. FIRST READING this ,~ day of 3anuary, 2001. SECOND~ FINAL READING AND PASSAGE this immediately upon day of , ClTY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk S:ca\Ord~,band\quantumPl'D Lots 60-61 Abandonment (122600) DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, FI-0~ida, 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, 2.001. AFl'EST: CITY OF BOYNTON BEACH, FLORIDA Suzanne Kruse, City Clerk Gerald Broening, Mayor STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE f4E, 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. WITNESS' my hand and official seal in the said State and County this __ day of .lanuary, 2001. NOTARY PUBLIC, State of Florida My Commission Expires: qu~,sNO~,d~g ~-~-00, I0~7,0~ ~ [ST 5' UTiLiTY 1@1-193 61 EXHIBIT "'A" ,,, QUANTUM PARK AT BOYNTON BEACH, PLAT NO. 6 PLAT IBOOK §7, PAG;'S lg1-lg3 TIMOTHY M. SMITH LAND SURVEYING, 'INC. IO~'SUNFLOWER STREET ROYAL PALU'SEACH, FL 33511 (561) 792-9157 LB #6865 SHEET 2 OF 2 SCALE: l"=lO0' SKETCH OF LEGAL DESCRIPTION DATE: SEPTEMBER 2000 RELEASE OF EASEMENT DIRECTORY: QUANQUAN PREPARED FOR QUANTUM PARK AND FIELD 800K: N/A VILLAGE, LLC DWG NO.:QUANSK02'~ Requested City Commission Meeting Dates [] November 21,2000 [] December 5. 2000 [] December 19.2000 · ~. ~anuary 2. 2001 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.mJ December 6, 2000 (5:00 p.m.) December 20. 2000 (5:00 p.m.) Requested City Commission Me~tin~ Dates [] lanuary l 6, 2001 ] Februa~ 6. 2001 ] February 20. 2001 [] March 6. 2001 XI. Date Final Form Must be Turned m ro City Clerk's Office January 3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7, 200] (5:00 p.m.) February 21, 2001 [5:~ p.m.) LEGAL A. 7 NATLrRE OF AGF_~DA ITEM [] Ad.mini~rative [] Development plan,~ [] Consent Agenda [] New Business [] Public Hearins [] Legal [] Bids [] Unfmished Busmess [] Announcement [] Presentation RECOMMENDATION: Recommend approval of attached Ordinance on second reading. EXPLANATION: At the direction of the City Commission, staff reviewed procedures associated with the processing of"L!en Reductions," as set forth in Chapter 2, Article V, of the Boynton Beach Code of Ordinances. Staff submitted a sun,mary of statistics gathered from other municipalities, along with a rceommendatian for mndifyin~ the current procedure. City Commission reviewed tho recommendation, and subsequently dirocted staffto move fo-rward with the modifications as set forth in the attached Ordinance. In smnmarizing the staffreport, the City Commi~ion agreed there may not be a need to have these reductions placed on th~ City Commission Agenda unless a Commissioner, or the applicant, wished to appeal the Code Compliance Board's decision. It was the consensus of the Commission and staff, that review/ratification of the Board's recommendation m mast instances, was not necessary. PRO~RAM lMPACT: The "Lien Reduction" process will be substantially expedited, with a slight decrease in staff/City Commission workload. FISCAL I?vIPACT: No impact; the Code Compliance Board's decision will prevail, unless appealed by a City Comm~ioner/applic~L ALTERNATIVES: Modify proposed Ordinance, or continue woridnE with ~urrent with procedures currently in place artment Head's Sig~mtur~ Deparmaent Name City ARorney / Finance / Human ~esources S:~ULLETIN~FORMSE~.GENDA ITEM REQUEST FORM.DOC XI. LEGAL A. 7 ORDINANCE NO. 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 seemed it to be in the best interests of the citizens and residents of the City of Boynton Beach to amend Chapter 2, Articte 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 Qb/Commission. Section 2. That Chapter 2, Article V, section 2-90 is hereby amended by adding the words and figures in Lindeflined 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 ~liance Bboard shall issue it~ order in lien modification hearinqs to thc ~*" ' ' ..,., ccmm:sc:c.", in writin.q in a form approved by the City Attorney. Immediately followin.q rendition of lien modification order, the City Clerk shall furnish a copy of the order alon.q with minutes of the Code Compliance Board's meetinq to the City Commission. (2) Lien modification order issued by the Code Compliance Board shall bo final unless a City commissioner or an aqc~rieved ~artv takes exception to th~ final order within seven (7) days of rendition of the order. (2-) (3) -r~., ..~,, ....." ~°";"'" ~"" ......... *~' ......... .... '""*~"".. of the ccdu ....vv...,..._." .... ..... ~ .... , A City Commission or an aqqdeved party may request a review of Code Compliance Board's order by notifyinq the City Manaqer or his/her desiqnee of the intent to do so. If review of a Code Complianc~ Board's order is requested, the City Commission shall review the order of the Board within thirty (30) days of the request for review. On review, the City Commission may hear the position of the property owner, a--~Code ~Compliance bBoard representative, or may rely upon the minutes of the ~Code ~_.Compliance b_Board proceeding regarding the propriety of the lien modification. (3-)(4) The sCity ~Commiss~on shall make one of the following rulings: a. Ac=,r=,ef~. Affirm the ~_Code ~_.Compliance b__Board'~ rcccmm~r, dct!cr, final Board order in full. b. Reje~ Over-rule the R_C. ode ~_.Compliance b_Board's mccmm~dctlcn final order in full. c. Modify the 6Code 6Compliance b_Board's ~ final order. administration to take action or modification of the Code (-4..)(5) The sC__ommission shall direct the consistent with the acceptance, rejection, Compliance Board order. Section 3. 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 4. Authority is hereby given to codify this Ordinance. Section 5. This Ordinance shall become effective immediately. FIRST READING this ~,~ day of ,.7~'~'zz~. ,~¢, ,~/. SECOND, FINAL READING AND PASSAGE this January, 2001. day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk XI. LEGAL A. 8 ORDINANCE NO. O1 -~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITq/ 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, SEVERABII,ITY, CODIFICATION AND AN EFFECTIVE DATE. WltEREAS, the City Commission 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 I~'tlEREAS, 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 government; NOW 'rH ~;REFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TH~ CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That pursuant to the Charter and the Ordinances of the City of Boynton 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 24.1 is hereby amended by add!ng the words and figures in underlined type, as follows: Section 24.1. r~ .......... ;-~ a ........ ~- ~ ......... ~, ~v .......... zztab!~zkcdInformation Technology Services/Geographic Information Serv/ces; functions. (a) A department of '3a*~ :Information TechnologV Services/Geographic Infbrmat/on Services is hereby established. (b) The department of data i:rcccg.qing Intbrmation Technology Services/Geom'aphic Information Sen-ices will be utilized to assist and direct in the organization and development of specialized computer programming for all departments of the city. Secnon 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 ~e 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 reminder of this Ordinance. Section 5. Section 6. FIRST READING this s,ff day of January, 2001. SECOND, FINAL READING AND PASSAGE this Authority is hereby given to codify this Ordinance. This Ordinance shall become effective immediately. day of January, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Conmaissioner Commissioner ATTEST: City Clerk s:cakard\Orangizauonal Chart 122600 oEEiZE XI-LEGAL ITEM B.1 CITY OF BOYNTON BEACH .~? ~. ~ ~: ~ ~ ~ · AGENDA ITEM REQUEST FORM .;;7~ ~ ',equested City Comm/ssion Date Final Form Must be Turned Meetine Dates in to City Clerk's Office Requested City Commission Date Final Form Must be Tamed Meetin~ Dates in to City Clerk's Office [] November21,2000 [] December5, 2000 [] December l9, 2000 [] Janual~2,2001 November 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) Dacember 20, 2000 (5:00p.m.) [] January l6,2001 [] Febmary6,2001 [] Febma~20,2001 [] March 6,2001 January 3, 2001 (5:00 p.m.) Januaw 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 [] Presantation RECOMMENDATION: Please place the attached ordinance on the January 16, 2001 City Commission agenda under Legal, Ordinances-First Reading. Staffrecommands that this ordinance be approved, which inserts sound analysis requirements into the conditional use process applicable to nightclubs. EXPLANATION: As you may recall, an ordinance was recently adopted that amended within the Lend Development Regulations, definitions for restaurants and bars/lounges, and added a definition for nightclubs. In summary, these changes are in preparation for the possible increase in demand for such nightclub uses, which are expected to accompany the ultimate increase in city-wide and downtown redevelopment. Furthermore, these changes are intended to provide the clarification neces{ary to differentiate between a restaurant and bar/lounge. Through the processing of this previous ordinance, along with the processing ora conditional use application for a new nightclub (e.g. The Orbit), the city realized the need for detail{d sound analysis requirements to be submitted as part of a conditional use application for a nightclub. The subject ordinahce will require that sound analysis be based on specific materials and the operational characteristics of the proposed business, and confum compliance with city noise standards. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Not adopt, or amend the subject ordinance. Planning and Zoni~ctor I)~0~¢6p~nt II}epaTrrtment DLrec~r r~CUMESr3 City Manager's Signature City Attorney / Finance / Human Resources XI'-LEGAE t'TEM ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COMMISSION OF THE OF BOYNTON BEACH, FLOR_IDA AMENDING THE ,~. CODE OF ORDINANCES, CHAPTER 2, "ZONING", _ SECTION 11.2, "CONDITIONAL USES" CREATING PARAGRAPH 13. TO PROVIDE THAT APPLICATIONS FOR NIGHTCLUBS, BARS, AND OTHER SIMILAR ESTABLISHMENTS SHALL INCLUDE ACOUSTIC SOUND ANALYSIS TO DEMONSTRATE THAT SOUND SHALL NOT ESCAPE ESTABLISHMENTS: PROVIDING FOR CONFLICTS, SEVERABILrrY, CODIFICATION AND AN EFFECTIVE DATE. WIIEREAS, staff has recommended an amendment to the Conditional Uses section of the City's Code of Ordinances to ensure that sound emitting from nightclubs, bars and similar establishments would not interfere with quiet enjoyment of adjacent property owners; WI-I.EREAS, upon recommendation of staff, the City Commission of the City of Boymon Beach has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach to amend the Conditional Uses section of the Code to provide that all conditional use applieatiuns for nightclubs, bars and similar establishments shall provide acoustic sound analysis to ensure compliance with City's Acoustic Code, Part IL Chapter 15, section 15-8.8 and performance standards established under Part m, Chapter 2, Zoning, section 4 (N). NOW TItEREFORE, BE IT ORDAINED BY l'ltE CITY COMMISSION OF THE CII¥ OF BOYNTON BEACH, FLORIDA, TI~AT: Section 1. The foregoing whereas clauses are uae and correct and are now ratified and confirmed by the City comrmssiun. Section 2. Creating paragraph 13, Chapter 2, amending the Conditional Uses section of the Code, in underline type as follows: 13. REQUIRED ANALYSIS All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis: A. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code wilt be met. B. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/equipment. C. Thi~ analysis of any sound retention, reducuon or reflection shall include intb~mauon such as the nature, types and coefficients of sound absorbent and sound- reflectin~ materials to be used, coanngs of the surfaces of ceilings, walls, windows..qn,t floor's and insulation to be used. D. It shall also verify that sound standards shall be met durin,* the normal opening of doors for people entering and exiting the establishment Section 3. Should any section or prows~on 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 4. Authority is hereby g~ven to codify this Ordinance. Section 5. This Ordinance shall become effective immediately. FIRST READING this day of January, 2001. SECOND, FINAL READING AND PASSAGE this day of January, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Comrmssioner Commissioner ATTEST: City Clerk s:ca~ord~Acoustic Sound Ordinance 120600 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XI-LEGAL ITEM B.2 Requested City Commission Meetin~ Dates [] November 21, 2000 [] December 5, 2000 [] December 19, 2000 [] January 2, 2001 Date Final Form Must be Turned in to Cit~ 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 16,200I [] 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.) or AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Publ/cHearmg [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation REC¢ MMENDATION: Please place this request on the January 16, 2001 City Commission Agenda under Legal, Ordinances - First Reading. The Planning and Development Board with a vote of 7-0 unammously recommended that the subjectlrequest be approved (there are no conditions recommended by staffnor the Plannine and Develo ment Board i ..... P ). For fuither idetmls pertaining to this request see attached Department of Development Memorandum No. PZ 00~350. EXPLANATION: PROJE~T NAME: AGENT: O : L~cW~A ON: DESCRIPTION: PARKING REQUIREMENTS (ONE BEDROOM/EFFICHgNCY APARTMENTS) Kilday & Associates, Inc. Wood Partners The west side of SW 8~ Street, approximately 1/8 of a mile north of Woolbright Road. Request to amend Chapter 2. Zoning, Section 11. H to require that minimum parking requirements for one-bedroom and efficiency units be changed from 2 spaces for the frrst 10 units to 1.5 spaces, and that Chapter 2.5 Planned Unit Development, Section 9.C be amended to reference the parking requirements within Chapter 2, Zoning, Section 11.H. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Planning and.Zo~rr~ Director Devel~u~aea"t D~p~hX~te~t Director C~'~ty Manager s S~gnamre City Attorney / Finance / Hnman Resources S :XB ULLETYN~FO R3/! S~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O 01- - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2 - ZONING, OF THE BOYNTON BEACH LAND DEVELOPMENT REGULATIONS, 11, SUPPLEMENTAL REGULATIONS H, PROVISION OF OFF-STREET PARKING SPACES, AND CHAPTER 2.5 PLANNED UNIT DEVELOPMENTS, SECTION 9. INTERNAL PUD STANDARDS; PROVIDING FOR AN AMENDMENT TO MINIMUM PARKING REQUIREMENTS FOR ONE BEDROOM/EFFICIENCY APARTMENTS; PROVIDING FOR CONFLICTS, SEVERABIL1TY! CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, staff has recommended an amendment to the City's zoning code o amend certain sections of the Land Development Regulations to provide that minimum off-street parking requirements for all multi-family developments shall be uniform, whether in a Planned Unit Development or in a conventional multi-family zoning district, and that the requirements shall be based on the number of bedrooms Der unit; and WHEREAS, upon recommendation of staff, the City Commission of the City )f Boynton Beach has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach to amend the City's Land Development Regulations; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF rilE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ltified and confirmed by the City Commission. Section 2. That Chapter 2. Section 11. Supplemental regulations H. rovision of Off-Street Parking Spaces is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through Iype~ as follows: H. PROVISION OF OFF-STREET PARKING SPACES. 16. Dwellings, lodging and other buildings for habitation: (1) Single-family and duplex dwellings; Two (2) (3) (2) parking spaces per dwelling unit Two or more bedroom apartments: Two (2) parking spaces per dwelling unit. One-bedroom and efficiency apartments: Tv.'c (2) t~,"~'; ........... '~'""'; ..... ;* ~"' *~'~ ~;-~* *"" (t0) v..o*-'.....~,'"* ..... v, o _One and one half (1.5) parking spaces per dwelling unit for each efficiency and/or one-bedroom apartment ........ ~, ..j ....... Section 3. That Chapter 2.5 Planned Unit Developments, Section 9. nternal PUD Standards. C. OFF-STREET PARKING AND REQUIREMENTS. is ~ereby amended by adding the words and figures in underlined type, and by deleting !he words and figures in underlined type, as follows: C. OFF-STREET PARKING AND REQUIREMENTS. Off-street parking r~,~......w .,....., ...~,.,. and loading requirements shall l>~gevemed-by *~'.,,.. .... ~,,,,.~ .... .~,...,,~,,....'~ ..... be in accordance with the off-street parking requirements within Chapter 2. Zoning, Section 11 .H. Section 4. Each and every other provision of the Land Development ~,egulations not herein specifically amended, shall remain in full force and effect as ~dginally adopted. Section 5. All laws and ordinances applying to the City of Boynton Beach n conflict with any provisions of this ordinance are hereby repealed. Section 6, 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 7. Authority is hereby given to codify this Ordinance. Section 8. This Ordinance shall become effective immediately. FIRST READING this __ day of January, 2001, SECOND, FINAL READING AND PASSAGE this day of February, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~,TTEST: 3ity Clerk 7.A. 1 PARKING REQUII~MENTS (ONE BEDROOM/EFFICIENCY APARTMENTS) CODE REVIEW ~TO: DEVELOPMENT DEPARTMENT -PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 00-350 THROUGH: FROM: Chairinan and Members Planning and Development Board Michael W. Rump~(~-'' Director of Planning and Zoning Dick Hudson, Senior Planner DATE: December 3, 2000 SUBJECT: CODE REVIEW CDRV 00-014 Off-street parking requirements (for efficiency and one-bedroom apartments) NATURE OF REQUEST Chris Kerr, of K/Iday and Associates, Inc., acting as agent for Wood Partners is requesting that off-street parking requirements for Planned Unit Developments be based on criteria that considers the housing type, rather than the presently-required two (2) spaces per unit. (See Exhibit "A" - statement of request). The subject request would unify the parking requirements for all efficiency and one-bedroom apartments in multi-family developments, including those built within Planned Unit Developments and would slightly lower the off-street parking requirements for those types of units. BACKGROUND The City's Land Development Regulations Chapter 2, Section 2 (Zoning), Subsection 11.H.(Provision of Off-street Parking Spaces), 16.a. differentiate between types of housing in the number of spaces required for each dwelling unit as shown: · Single-family and duplex dwellings require two (2) spaces per dwelling unit; · apartments with two or more bedrooms require two (2) spaces per dwelling unit; and · one-bedroom and efficiency apartments require two (2) spaces per dwelling unit for thefirst ten (10) units in any single structure and one and one-half spaces per dwelling unit for all units over ten (JO) in a single building; however, Chapter 2, section 2.5 (Planned Unit Development), Subsection 9.C. states "Off-street parking requirements shall in no event be less than two (2) spaces per dwelling unit." (There are no requirements for guest parking spaces in the code.) In addition to the subject request for Code Review, staff has recen, tly received two separate requests for variances from the parking requirements for multi-family developments within ?UDs. Page 2 CDRV 00-014 (Off-street Park/rig Requirements) ANALYSIS Since the requested amendment would affect properties citywide, staff began the analysis with an examination of demographic data for the City from the 1990 Census, which is the current data available. The census of population and housing indicates that in 1990, for all housing types there were 1.4 vehicles per household and 52 % of the City's households had access to one vehicle, while 40% of the households had access to two or more vehicles. For all housing units the occupancy rate in 1990, was 1.96 persons per household. The data were not collected to compare occupancy rates for single-family units versus multi-family units; however, the Data and Analysis section of Palm Beach County's Department of Planning, Zoning and Building has calculated an occupancy rate of 1.815 persons per household for all multi- family units county-wide. Since their definition of multi-family housing includes attached single-family and duplex units, and does not consider number of bedrooms per unit, it would Iii(ely be higher than the actual occupancy rate for efficiency and one-bedroom units. This would support the applicants justification for code review stating that the City's requirement of two parking spaces per unit, without consideration of the size of the unit, serves to supply parking spaces that exceed demand. For comparison, staff surveyed local governments to obtain their respective regulations and our discussion will focus on the results of those findings. Staff also examined requirements for governments in other regions of the country and has included those results to show that the variety ofreqnirements is nor unique to our area. (See Exhibit "B" - Survey). None of the thirteen neighboring local governments surveyed have separate off-street parking reqmrements for Planned Unit Developments. The one local government in the entire survey that did have a parking requiremem specific to a PUD actually required fewer parking spaces per unit for attached single-family units. Four of the neighboring local governments, Lake Worth, Greenacres, Jupiter and Juno Beach, impose a 2 space per unit minimum across the board. Juno Beach, however, reduces the requirements to as low as 1.5 spaces per unit, based on total number of units in a development. The remaining eight vary the required number of spaces per unit based on the number of bedrooms. Beyond that, there is no discernable pattern to the requirements. Five of the govemmems require fewer spaces for studio/efficiency units than for one-bedroom units, rang/ng from 1 space (Delray) to 1.5 spaces per unit (West Palm Beach) and one-bedroom requirements range from 1 (Palm Beach Gardens) to 1.75 (Boca Raton). Only two of the governments (Palm Beach County and North Miami Beach) required fewer than two spaces per unit for two-bedroom As with the requirements for occupants' parking, the requirements for guests' parking follow no dis~ernable pattern. Three of the governments (Boca Raton, Fort Lauderdale and North Miami Belch) have no requirements for guest parking. With the other governments, the number of guest spaces range from 1 space per 10 units (West Palm Beach) to 1 space per 2 units Page 2 CDRV 00-014 (Off-street Parking Requirements) (Greenacres). Three of the govemmems (Palm Beach Gardens, Coral Springs and Coconut Creek) base the guest parking requirement on a percentage of the total required for occupants. Three of the governments (Delmy, Lake Worth and Jupiter) lower the required guest spaces per unit as the number of units in the development increases. RECOMMENDATION It is the opinion of staff that first, there should be a recognition of the fact that the demand for off-stree! parking spaces will vary with the types of housing units, with multi-family units requiring fewer spaces per umt than single-family units. Staff also recognizes that in most instances, the number of bedrooms in a unit will have an infiuence on the number of occupants of the unit and therefore, the number of parking spaces that will be reqmred to serve the unit. Second, based on visual observation of parking space use in local multi-family developmems and a survey of comparable regulations, the City's existing off-street parking requirements do not reflect demand and result an a m~suse of land that could otherwise provide opportunities for additional landscape enhancements and for aquifer recharge if the land remains pervious. Wise utilization of land will become even more important as redevelopment and infill activities increase in the coastal area, where assembly of large parcels for multi-family development will be both difficult and costly. Lastly, staff acknowledges that the rental industry, and particularly the upper end of the industry that is prevalent in Boymon Beach, is the most appropriate source of data on this issue, and for marketing purposes, has the incentive to accurately accommodate current renter characteristics and demands. This is evidenced by the array of amenities being provided to attract the "renter- by-choice" market. The industry will not jeopardize the success of a development by failing to provide the kitchen appliances, the recreation facilities or the amount of parking that the market demands. Therefore, staffrecommends that the subject request be approved, allowing the regulations to be modified so that min/mum off-street parking requirements for all multi-family developments shall be uniform, whether in a Planned Unit Development or in a conventional multi-family zoning district; and that the requirements shall be based on the number of bedrooms per unit as proposed in Exhibit "C" (proposed amendments shown struck through and underlined.) Exhibits J:kSHRDATAkPLANNING~HUDSON~CODE REVIEWS CDRV~CDRVSTAFFREPT.DOC NOV, !O. zvO0~:~ ~,. K[LDAY & A,~bC.[Ai~S NO. 107 o 2 Kilday ~ A~sooiatea Candscaee Architect~/Pfanners 1~51 Forum Pla~m, ~ite 100A 'West Palm Beacrt. Froths 33401 (5~1) 68~5522 · F~(561 688-2592 EXHIBIT "A" November 10, 2000 Lucia Oalav, AICP Senior Planner 100 E. Boyntoa Beach Blvd.. Box 310 Boynton Beach, FL 33425 Code Review Request; Off. street parking requirements in PUD's Dear Mrs. Oalav: As you are aware, our office receatty submitted a paxl,'~ng var/anco application on behatf of Wood Paxtaers for their proposed .4!tn Chase development in the Woolbright Place PUD. Due to the fact that the, have be~n several recent par~,,$ vari~uc~ ~quested and approved ~4th/n PUD's in the City, and based upon my conversations with the City staff re~az~fng the par'King rcqmr~menr, s, the most prudent co~s~ of action is to rev/se our variance application into a request for a Co~ Review of the parking requ~men~s in a PUD. Plr,~se consider the fol:o~i.u$ info,-rnat/on in you~ analysis of this issue. Tho City's mqu/r~nenrs for off-strea p~rking within residential Plmmed Un/t Development Districts are found [n Section 2.5, Section D.C. It states that: "O)p:srr,er parking requirements shall in no event be less than t'~o (2) ~ces per dv~elling unit." This requlrernen~ dc~s no~ permit the fle~bility that is necessary m determining the parking required on a p~rtic~ property,. A more effecllve requ/rement would be to permit the each d,~'elopmcnt the oppo~,~./q' to either. a. Amend the paxkia$ requircmcm to peri'nit parking at a rate of no le~ than 1.6 ~aces p~ trait. This would allow prolwcQes to provide parking ar a rate is corts~s~e~ xv[th the develcpm~mt proposed; or b. A dcvlation from this requirement of up to 20%. Staff would rev/e,,v the applicant'~ justLfication for the deviation on a case by case basis. Staff should consider th, housLug .DI~ proposed, ~e site [ayo~ and the any addkfonO, justizlca*Jons or s.:udies provided by the developer. The City'e Land Development Regulations identify thc imenr and purpose of the PUD District: "to promote efficient a~d ecoeomica~ land use, improved amenities, appropriate and harmoniows variep? in physical davelopmer2, creatiw desi~r~ imt~ro~ed living environment, orderly and economical development in the ci.~, and the protection ofad/acent and exi~t~ag and futTzr~ cf~ devefoprnertF' (un~erLirie ad, de~) (Ch 2.5 Sec. 1 ). NOV. !0. ~000 9:55A~ KILDAY & ASSOCIATES ~0. ~07 EXHIBIT "A" Applyin$ a 'blanket'- parking ratio of n~'o spaces per unk m all dwelling units in the PUD regardless of the unit .type or their size fails To meet intent of the C~:de. The curr~nt language has a deua~2.ant~ effect on the 'adjacent and ¢xist~g C~0.' development' because it of~n results in excessive asph~t paving, wh/ch rninirrtizes opportunities for grean~pace on sites that are requ/.red to previde parking beyond what is necessary. A degree of flexibSlity in the PUD regulations helps m atlew for g~earer '¢reat/~¢ design' in sir plann[ng that is spec/~Scally encouraged in the PUD DisUdcts. The ce'rem Code limits this flexibilit7 by applying a single par ',king ratio t~ att dwellLug units, regardless of size or ~pe. There is. in fact, ~ea~er flexibility in thc standard multi-family district's psrk/ng requirements *ban in the PUD, The Ci~"s off-street parking requirements for residential PUD's must be ,;~x/tten re balance the need for adequate parldn$ for the residents in the development without encumbering the site with exce*sive. ,unused parking spaces. Over-par!d.$ creates an unnecessary 'sea of asphalt' that is unsighdy ~nd results in a decrease ir, greenspacc which increases the impervious surface areas and strains the City', stonnwater management system. Tl~ prlmaW factor in determining the number o£par~.dng spaces that should be provided for a multi-family property is the number of units and the type of unit proposed. The currenl ofr~-stre~t parking requirements for a PUD do no: ts. kc these factors into account. The Code r~quires the same umber of l:arking spaces for three bedroom apartments as it does for efficiencies. This places an undue burden upon developments w/th an apartment mix that does have not as many multiple bedroom units. For example, Alta Chs~e includes 72 one-bedroom ,tmRs, 105 re'o-bedroom units, and 36 three-bedroom units. Obdously, the parldng needs for the 72 one-bedroom units are tess rh,~ those of the three bedroom units, yet the PUD regulations do not recoEni?e this diO'erenc~. An additional factor that mus~ be ~onsidered when determining the amount of parking ~paces required for an apartment community is the layout of the build~gs and the parking lo~. Om many properties, the parking/s so dispersed *.hroughout the site that mm'ay of the spaces are not ut~zed. For example, the Aim Chase site plan h~ been efficiently designed. The p~rldn$ and the buildhxgs are closely grouped together. The effect of this layout is that there mos~ of the parking spaces on the property, can be u~ed ,by renters m several different buildings. The mjoriry of the spaces are located at an equsd distance between several buildings. Considering that none of the spaces on the proper~ will be 'reserved', the residents will share the spaces as they are uece*sar7. I~s helps to ensure that the spaces are fully utilized. The two spaces per umt requirement is urmecessar7 and wSll have a detrimental effect on the City as a whole. The developer of the Alta Chase property, Wood Partners, hag btlilt over SO,O00 m:dts throughout the southesst. Please see the letter attached with this application from the developer that further discusses their par'king needs, additional information can 1:~ provided~upon request. ~OV. ~0. 2000 ASSOCIATES NO. ~07" EXHIBIT "A" Please review Re ibove information in comb/na:ion wi~h the o~: pang v~ce appli~ticns ~ ~ve been reques:ed ~om ~e Cir/~ consider ~s request for a C~e Renew by ~. C~I mc ~ ~y qu~o~ or if you n~d addi~on~ i~o~cn. ~I~y & ~scci~es Cc: $ason McA~-th~, W~od Partners EXltJBIT "C" Chapter 2 - ZONING See. 11. Supplemental regulations H. PROVISION OF OFF-STREET PARKING SPACES. 16. a. Dwellings, lodging and other buildings for habitation: · (1) Single-family and duplex dwellings: Two (2) parking spaces per dwelling unit. (2) Two or more bedroom apath~ents: Two (2) parking spaces per dwelling unit. (3) One-bedroom and efficiency apartments: -. · 'e ................ ~ ......... , v _On e and one half(1.5) parki g spaces per dwelling unit for each efficiency and/or one-bedroom apartment ever ten (I O) Chapter 2.5 - PLANNED UNIT DEVELOPMENTS Section 9. Internal PUD standards. C. OFF-STREET PARKING AND REQUIREMENTS. Off-street parking ............. v .... :, and loading reqmrements shall ~ ~, ......... ~ ......... ~, cr~:'.nance in accordance with the off-street parkin~ requirements with/n Chapter 2. Zorfing~Section 11. H. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: CODE REVIEW -OFF-STREET PARKING PUD (for efficiency and one- bedroom apartments) APPLICANT'S AGENT: Chris Kerr, Kilday and Associates, Inc. APPLICANT'S ADDRESS: 21135 White Oak Ave., Boca Raton, Florida 33428 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 16, 2001 TYPE OF RELIEF SOUGHT: Code Review- Off-Street Parking PUD LOCATION OF PROPERTY: The west side of SW 8~h Street, approximately 1/8 of a mile north of Woolbright Road. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appear ng on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton BeaCh, Florida on the date of hearing stated above. The City Commission having considered the relie~ 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'w th 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 J;ISH~ATA~Planning~SHAREDWVP~PRO J ECTS\Wood Part,lets (A~ta Chese)\CODE REV[EW~Develop,Order.doc EXHIBIT "D" Conditions of Approval Project name: CODE REVIEW ~ OFF-STREET PARKING PUD File number: CDRV 00-014 DEPARTMENTS INCLUDE I REJECT PUBLIC WORKS Comments: NONE . X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DMSION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: NONE. X ADDITIONAL CITY COMMISSION CONDITIONS 1. To be determined. MWR/ arw J:',S H RDATA'~PLAN NIt, tG~SHARED~WP~PROJECT$\WOO D PARTNERS (ALTA CHASE)\CODE REVIEW~COND. OF APPROVAL - NONE,DOC Requested Cio Commission Meeting Dates [] N~vember 2 , 2000 D!cember 5, 2000 [] D~cember 19, 2000 [] Jahuary 2, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Citw 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 CiO Commission Meeting Dates [] January 16,2001 [] February 6, 2001 [] February 20, 2001 [] March 6,2001 XI-LEGAL ITEbl ¢.! Date Final Form Must be Turned in to CiO 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.) [~RE [] Administrative NAT OF · [] Consent Agenda AGENDA ITEM [] Public Hearing I [] Bids I [] Announcement REC4MMENDATION: Fund Policy [] Development Plans [] New Business [] Legal [] Unfmished Bus/ness [] Presentation Resolution No. R01 -- Proposed Resolution Approving the Community Investment EXPI the Ci The p, public indivi, PRO( prope~ FISC.~ memb ALTE ~NATION: This item was discussed at the November 21, 2000 City Commission Meeting. At that time ~ Commission requested that a resolution be adopted to suppOrt the policy decision to implement this program. ,licy, as outlined, provides for funding for public owned property and Other eligible programs to benefit the The policy specifically excludes use of public funds for improvement to private property. Funds for lual may not be authorized for expenditure without review and approval of the City Commission. RAM IMPACT: The program is designed to provide for community improvements based on nendations of members of the City Commission. These improvements may consist of improvement to park ties, installation of architectural features on city property or other activities benefiting the public. L IMPACT: The estimated cost of the program is $125,000 based on an allocation of $25,000/yr. for each ~r of the City Commission. This program has been included in the 2001-01 FY Budget. R31ATIVES: Abandon program and place budgeted funds inth~ General Fund Reserve Account. Department Head's Signature ' ' ' ' e Department Name S:~BULI ETYNLFORMS~AGENDA ITEM R~QUEST FORM.DOC City Attorney / Finance / Human Resources RESOLUTION R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLOR]DA, APPROVING A POLICY AND GLrK)ELINES FOR COMMUNITY ACTIVITY GRANTS FOR FISCAL YEAR 2000-01 IN THE AMOUNT OF $125,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach does .hereby approvela policy and guidelines for Community Activity Grants for fiscal year 2000-01 in the mount ~f $125,000; and ' / WHEREAS, Guidelines for implementation of the policy were discussed and approved dv the Commission on November 21, 2000, which Guidelines are attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TI] CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach hereby approves the policy and guidelines for implementation for Community Activity Grants, which guidelines are attached hereto as Exhibit "A" and made a part hereof. Section 2. 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 Commxssioner ATTEST: City Clerk Guidelines for DistribUtion of community Investment Funds Introduction: Included in the City of Boynton Beach Budget for Fiscal 2000-01 program year is $125,000 in Community Investment Funds. The funds are available to each of the five members of the City Commission in the amount of $25,000 to support community projects and activities. This report will suggest basic guidelines for the distribution and use of these public funds for community projects or activities. Program Eligibility Period: October 1, 2000 to September 30, 2001 Amount available to each member of the City Commission: $25,000 broken into two eligibility periods: October 1, 2000 to. February 28, 2001 - maximum of $12,500 March 1, 2000 to September 30, 2001 - maximum of $12,500 plus any carry-over from prior six month period. The purpose of the two eligibility periods is to assure funding opportunities to outgoing and incoming members of the City Commission based on the March 2001 election. Eligible projects may consist of assistance to local community organizations for physical improvements to public property or public rights of way such as parks, medians or other City-owned property. The assistance may be in outright grants to support improvements to public property or on a cost-sharing basis with local organizations. Before funding, the proposed improvements must receive necessary pemdts, staff review for compatibility with design plans or capital construction plans and must be approved by the City Commission by motion on the Consent Agenda. Ineligible projects include direct financial support or gifts to individuals, businesses, or associations including funding of any operational activities. Funds may not be used to support or otherwise subsidize the operational expenses of City Depati~aents. KB: 11/10/00, 1 i/21/00, 11/23/00 TO: THROUGH: FROM: DATE: SUBJECT: PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 01-006 Quintus Greene, Director of Development Michael W. Ru.mpf, Planning ~r~ Dick Hudson, Senior Planner-'-'¢''''//::7 January 11, 2001 Boynton Terrace Apartments Supplement (Memorandum No, 00-351- ZNCV 00-020) to Staff Repdrt SAIL: Boynton Associates, Ltd., owners of Boynton Terrace apartments and applicants for a variance to the off-sTreet parking requirements, have indicated that approval of their request will enhance their ability to compete for funding under programs of the Florida Housing Finance Corporation. The following overview of those funding programs is presented as a supplement to the Staff Report of the Variance Review. Timelines for each year's funding cycle are set by FAC Rule 67-48. For the current fiscal year, !the application deadline is February 20t~, 2001. There are three separate funding programs in each cycle: State Apartment ncentives Partnership (SAIL), Home Investment Partnersh ps (HOME), and Housing Credits (HC). Both SAIL and HOME are mor[gage programs while HC is a tax credit program. Either of .the mortgage programs may be combined with the tax credit program in making application to the corporation. Both new develOPments and building rehabilitation programs are eligible for funding. In order to qualify for the mortgage programs, the applicant must agree to maintain, or set- aside, a certain percentage of the total units for rent to families with incomes at a percentage of the median family income for the area (AMI), and also commit to ensuring the unbs' affordability for a minimum number of years. These are as follows: Minimum Set-Aside Minimum Total 20% of the units for households earnin~ 50 % or ess of AMi. ~)r 40% of the un' o ....... , 15 year loan term i~s at 60 ~ or less of AMI if Development will also utilize housing credits HOME: 20% of the HOME* units for households earning 50% or less qf ~MI and 80% of the HOME * units for households earning (~0~ or less of AMI · The number of required HOME units is based upon the amounl of total elidible c~.sts financed with HOME funds For example: If HOME funds financed 10¥o of the eligible costs, then 10% of [he Development's units will be HOME units, 15 years for rehabilitation; 20 years for new construction HO: 20% of the units for households earning 50% or less of AMI; or 40% of the units for households earning 60% or less of AMI Maximum Rents 30 years, with an option to convert to market rate after year 14 HOME: 20% of the HOME units must have rents that are the lesser of: Section 8 Fair Market Rents minus tenant-paid utilities: or rents which are 30% of adjusted income for households at 50% AMI minus tenant-paid utilities. 80% of the HOME units must have rents that are the lesser of: Section 8 Fair Market Rents minus [enant-paid utilities, or rents which are 30% of the adjusted income for households at 65% AMI minus tenant-paid utilities. - HC: Rent for all housing credit units is restricted and cannot exceed 30% of the applicable income limitation for the surrounding area. The rent includes tenant paid utilities. Th s commitment that the units will remain affordable is documented within a "Land Use Restriction Agreement". Additionally, the apartment management must submit annual financial reports to the Florida Housing Finance Corporation and an annual inspection by representatives of the corporation is required. Failure to comply with the terms of the agreement may result in immediate foreclosure by the corporation. Since their inception, the prDgrams have provided funding assistance to twenty-nine (29) developments in Palm Beach County. "Boynton Bay" is the only one of the developments in Boynton Beach. All 240 units in the development are set-aside for households earning no more than 60% of the median family income: the commitment is for 30 years. Funding applications for each of the programs have some requirements in common and each section of the applications has a maximum point value. While the total points available under each program varies (667 for SAIL, 737 for HOME, and 632 for HC), an application must receive at least 475 points to qualify. Greater weight is attached to the sections detailing experience of the development team (85 points), the development cost pro forma (150 points), and the developer's commitment to provide set-asides for a longer period ~than the minimum requirement (100 points). The "local government contributions" section~ of the application has a weight of 20 points (see Attachment "A"). In order for an applicant to be eligible for any points for the "local government contribution", the contribution must be quantifiable, development-specific, and must result in a development cost sayings. To achieve the maximum twenty (20) points, the contribution must be equal or greater than a ~,et amount, based on the county of the project location ($1,000,000 for projects in Palm ~each County) or 10% of the total development cost--whichever is less. Applications that do not have the necessary contribut on to achieve the maximum hum of po~nt~ by securing 10% of the total deve opment cost in local ............ ?er are scored on a pro rata basis. The local government contdbuUon can range from infrastru~cture or other improvements made specifically for the project, waiver of normally ~mposed fees, or below market rate interest loans. A reduction in the number of required parking spaces only qualifies IF the development is located in an area targeted for in-fill housing or revitalization by the local government and the local government verifies that the requirements are waived specifically for the subject development. In their application for reduction of the I~arking requirements from two spaces per unit to one,space per unit, Boynton Associates, Ltd. showed a contribution from the city estimated at $337,444.38, which approaches 10% of the proposed $3.4 million total project cost. This would qualify the applicants for the maximum reduces the parking requirement from two spaces to 1.3 spaces 20 points. If the city per unit the applicant would provide 110 spaces. The city's contribution would have a value of $236,210.77, which would be approximately 6.7% of the development costs. Staff has determined that the remaining margin of approximately $101,000 could be made up through a variety of contributions that would benefit the project, without the dramatic reduction in parking. The city is also exploring the possibility of acquiring adjacent property for donation to the project. This land could be used for open plan area, the possible location of the proposed recreation/clubhouse and space to accommodate additional parking if ever needed. This property could accommodate an estimated additional 45 vehicles, which would increase the provided parking ratio from 1.3 to 1.85 spaces per dwelling unit. $ 44,144 $ 25,5OO $10,625 $ 25o Potential alternative city contributions could include the following:* · Waiver of building permit fees; · Waiver of tipping fees at landfill; · Donation of dumpster during rehab; · Waiver of construction meter fee; ,· Waiver of extension of water/sewer lines from meter to Community Center; Donation of landscaping materials; Purchase of adjacent property - ,o $ 500 · $ 50,000 $ 41,003 TOTAL $172,022 fThese ¢otential contributions were estimated in 1998 by the city when considering a previous (equest to support the renovation of this property and are currently being updated. If the Commission supports this alternative variance, the conditions of approval should be amended to show the reduction to 1.3 spaces per unit, and to require coordination betwee~ the developer, the residents of Boynton Terrace Apartments, and the adjoining neighb(~rs to adequately inform them of,,th,,e proposed project and to reasonably attempt to address relevant concerns (see Exhibit C -Conditions of Approval). ATTACHMENT "A" 2001 COMBINED RENTAL CYCLE TABLE OF CONTENTS Page 1 of 1 SAIL, HOME and HC APPLICATION .FORMS WHICH APPLY FOR ALL PROGRAM~ FORM FORM FORM FORM FORM 5 FORM 6 FORM 7 FORM S FORM 9 FORM 10 Applicant and Development Data Portfolio Diversification and Geographic Distribution Experience of Development Team Development Funding and Economic Viability (Development Cost Pro Forma} Local Government Contributions Local Government Planning Efforts Development Feasibility and Ability to Proceed Resident. ~ Programs Commitment to Provide Longer Set-Aside Leveraging FORMS WHICH APPLY FOR THE SAIL PROGRAM ONLY iFORM 11 FORM 12_._,~ -0- Points 2 Points 85 Points 150 Points 20 Points 5; Points 121 !0~ Points 44 Points 100 Points 60/20/0_4.~ Points Demographic and Set-Aside Commitment Loan Request Statement .FORMS WHICH APPLY FOR THE HOME PROGRAM ONLY FORM 13___~ NORM I .._ RM ~'6-~7- RM FORM 18-~9 Commitment to Provide Set-Aside Units Beyond the Minimum Set-Aside Selected Uniform Relocation Act Match Funds Special Targeting Statutory and Federal Requirements Loan Request Statement FORMS WHICH APPLY FOR THE HC PROGRAM ONL;' fORr~ 19_~0 FORM 202-!- FqRM 22~T~3 FORM ~-324 Commitment to Provide Set-Aside Units Beyond the Minimum Set-Aside Selected HC Equity Leveraging Special Targeting Allocation Information Allocation Request Statement Total Points Available for SAIL Total Points Available for HOME Total Points Available for HC = 667 __, = 737 723 = .6,32 ___ 8~060 Points -0- Points 45 Points 10 Points 25 Points 95 Points 15 Points -0- Points 50 Points 30 Points 2._~5,3G Points -0- Points -0- Points I EXHIBIT "C" _Conditions of Approva! Project name: Boynton Terrace File number: ZNCV 00-020 (parking reduction) Reference: UTILITIES FIRE ~ ~ Comments: None POLI~E ~ ~ ENGINEERING DMSION Comn~ents: None BUILD'lNG DIVISION Cornn~ents: None PARKS AND RECREATION comm!nts: None FORESTER/ENVIRONMENTALiST Corem, nts: None PLANN~2gG AND ZONING Comments: None ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS L The applicant being awarded a grant from the state tax credit program for t~e purposes of upgrading the subject propertT. X 2. Site improvements shall include: a)! Site landscaping be brought up to code; X bl A perimeter/security fence or wall be constructed with decorative I eatures such as columns and landscape. c) All remaining parking areas be resuffaced; d) Add quality outdoor recreation/playground area to the project; and e) Ail ~ulti-fa ~ly unit buildings shall be renovated; at a minimum, to prowae a reptacement of materials in disrepair, and a new coat of Page 2 Auto Zone File No.: NWSP 98-007 DEPARTMENTS ~ Provide a u~gy._~late and securi_W_cameras. __ ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determSned. MWR:arw DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OFBOyNToN 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 16, 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, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant 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" ncluded" The Applicant's application for relief is hereby x GRANTED subject to the conditions referenced in paragraph 3 hereof. DEN lED 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 Requested City Commission [] Nov~mb~ 2102000 [] Dca,tuber 50 20~0 [] ~ber 19, 2000 [] Janumy 2, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM November 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) December 5, 2000 (5:0~ p.m.) Requested City comrmssion ~ Dates [] Janumy 16, 2001 [] February 6, 2001 [] Febmary 20, 2001 [] Mmc. h 6. 2001 Date Final Form Must be Turned in to Cit~ Clerk's Office Janua~' 3, 2001 (5:00 p.m.) January 17,200I ($:b0 p.m.) Febma~ 7, 2001 (5:00 p.m.) Febmaiy 21,2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Ageada [] NewBusiness [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Review/Approval of Two Funding Requests (Revised 1/16/01) EXPLANATION: The Community Investment Funding program was discussed at the November 21, 2000 City CommisSion Meeting. At that time the City Commission requested that a resolution be adopted to support the policy declsion ~.o. implement this program. The policy, as o.u. tllned, provides for funding for public owned property and other eligible programs to benefit the public. The policy specifically excludes use of public funds for improvement to private property. Funds for individual may not be authorized for expenditure without review and approval of the City Commission. This is a request forwarded by Comm. Black for two projects: a. ~clll System for Little League Park -- Estimated Material Cost $2,000 (does not include cost of installation) ~ote: The Grill will not be used by the ~eneral public. It is to be used by the concession stand. The Fh~ Department has signed off on this use provided that the propane tank is removed and the ~lrill secured aftt, b. ~'~'~bution for General Library Collection - Estimated Cost $5,000 PROGR4M IMPACT: The program is designed to provide for community improvements based on recom~.e~d, ations of members of the City Commission. These improvements may consist of improvement to park propertie~, installation of architectural features on city property or other activities benefiting the public. FISCAL LMPACT: The estimated cost of the program is $7,000 from an allocation of $25,000/yr. for Comm. Black as a member of the City Commission. This program bas been included in the 2001-01 FY Budget. ALTERNATIVES: Not approve the request for funding. Department Head's Signature "Clty Manager's Signature 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 3~1~1~F1~32~93~!~-~ TYPE OF RELIEF SOUGHT: Zoning Code Variance - Parking spaces reduction LOCATION OF PROPERTY: 700 N. Seacrest Boulevard City of Boynton Beach, FI DP~WING(S): SEE EXHIBIT "S" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boyr!ton Beach, Florida appearing on the Consent Agellda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be baaed 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. 2. 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 raferenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the Cily Clerk. Ali further development on the prope~ sha[I be made in accordance with the terms and conditions of this on, er. 7, Other DATED: City Clerk The City of Bo~ynWn Beach OSFICE O~ ~ C.~"Y MANAGER Ct~ M~s ~,~: ($61) 7~.6olo F~: (56D 7~2~11 COMMISSION FAX SHEET Jerry Broenin9 Ron Weiland M~ike Fer~uson Bruce Black Charlie Fisher 364-5677 ~ 369-3639 732-3753 740-1105 364-8966 ~ T-IlS IS a FOLLOW UP FOR AGENDA ITEM PERTAINING TO BOYNTON TERRACE America's G~teway t~ the Gulfstream ' 83/25/~994 83:88 5617426812 PAGE 82 CITY OF BOYNTON BEACll AGENDA ITEM REQUEST FORM SAIL: HOME: TO: THROUGH: FROM: DATE: SUBJECT: PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 01-006 Quintus Greene, Director of Development Michael W. Rumpf, Planning ~r~ Dick Hudson, Senior Planner January 11, 2001 Boynton Terrace Apartments Supplement to Staff Rep<SA ('Memorandum No. 00-351- ZNCV 00-020) B~.ynton Associates, Ltd, owners of Boynton Terrace a?artments and applicants for a vailance to the off-street parking requirements, have indic request will enhance their abili~-, + ........... ,ated that approval of the r Hc~usin~ Finance ~' ...... .;-- '~ "~ ~.umpe[.e rot run,ling unoer programs ot the FI o ....-,~.,...=.u.. The foJlowin overview . onda presented as a su~3n ems .~ ,~..~ =,..~., .... g ...... of t_hose funding programs is i ,-,- ntt..., ,.~ ~,,.. r~por[ or [ne variance ~eview. Tir~elJnes for each year's funding cycle are set by FAC Rule 67-48. For the current fiscal ...reo~,rathrne., ..a_pplica, tio..dea_dJi.ne/s ~20', 2001. There are three se arat f ~ J~ a,,~ m eacn cycle: ~ta~e Apartm~n~,...~.~.`/o., .... P , e undlng ..... .~,o,,,~, [~1~_), nome investment Partnerships (HOME), and Housing Credits (HC). Both SAiL and HOME are mortgage programs while HC is a tax credit program, Either of the mortgage programs may be combined with the tax credit program in making application to the corporation. Both new devlelopments and building rehabilitation programs are eligible for funding. In cider to qualify for the mortgage programs, the applicant must a. · - aside, a certain percentage of "-'- ,-.-, ---' ..... l.gree to maintain, or set- o , :,,; ~u~ unlLs rot rent to ~'arnJJ · .P~e~r~en.!_a, ge. of !he median fam,ly ,ncome for the ara~ ~'A~,~ --- i,e_s w~th ,.n.c0mes at a me units arrordabilitv for a mini-,-,....._~.__ ~ ~ -- ,......x, ~.u also comml! [o ensurin ...... ,, ,,u.,u~r of years~ These are as follows: g Minimum Set-Aside 20% of the units for households earning 50 % or less of AMi; or 40% of the units at 60% or less of AMI if Development will also utilize housing credits Minimum Tota~ 15 year loan term 20% of the HOME* units for households earning 50% or less of AMI and 80% of the HOME * units for households earning 60% or less of AMI 'The number of req~J~red HOME units ia based upon the amount of tot~; el~ibl~ c~sts ~nence~ wilh HOME fUnds, Eof example: If HOME funds finance," 10% ct the eligible costa, 'dlen 10% Of the Ceve~oprnent's U~lJts will 13e HOME units, 15 years for rehabilitation; 20 years for new construction HC: 20% of the units for households earning 50% or less of AMI; or 40% of the units for households earning 60% or less of AMI HOME: Maximum Rents 20% of the HOME units must have rents that are the lesser of: Section 8 Market Rents minus tenant-paid utilities: or rents which are 30% of adjust fur households at 50% AMI minus tenant-paid utilities. 80% of the HOME have rents that are the lesser of: Section 8 Fair Market Rents minus t ut!lities, or rents which are 30% of the adjusted income for househotd:~I minus tenant-paid utilities. HC; Rent for all housing credit units is restricted and cannot exceed 30% of th applicable income limitation for the surrounding area. T,he rent includes ~Jt J/ities~_ . The commRment that the units wil! remain affordable is documented within a Restriction Agreement". Additionally, the apartment management must subm financial reports to the Florida Housing Finance Corporation and an annual insp representatives of the corporation is required. Failure to comply with the tern ag[eement may result in immediate foreclosure by the corporation, Since their the programs have provided funding ass[stance to twenty-nine (29) development., Beach County. ".,B~ne of the de~ta in Boynton 240 units Jn the eevelopment are set-aside for households earning no more that the median family income: the commitment is for 30 Funding applications for each of the programs have some requirements in corer each section of the applications has a maximum point value. While the tot-' available under each program varies ($67 for SAIL, 737 for HOME, and 632 for application must receive at e~Ast 475 p_o_in___ts,to~qUalify' Greater weight is attache sections detailing experience of the development fearn-(85 points), the developm pro forma (150 points), and the deveE)per's commitment to provide set-asides for~ period than the minimum requirement (100 points) The "loca aovernment section of the aDOlication h~ ~ ,,,=~--,~..' · o contri applicant to b~eligible ~;;~' ;,,",,~'~~[s,!,see.Attachment "A"). In erda . . ,~.¥ ~,l~.w-.-r~.-[ne lOCal government contn contnb · ut~on must be quantifiable, develonment....~._ __., _ . , .butic cost savings. ~- o~.,r,~, ~nu mUSt result In a devel To achieve the maximum twenty (20) points, the contribution must be equal or than a set amount, based on the county of the project location ($'~~ Palm Beach County) or 10% of the total development cost--wvhichever is AppliCations that do not have the necessary contribution t,o achieve the maximum r of points by securing ~0% of the total development cost m local government cont~ are Scored on a pro rata basis. The local government contribution can rang, infrastructure or other improvements made specifically for the project, waiver of nc imposed fees, or below market rate interest loans. A reduction in the number of r~ 30 yea"s, with an option l 3 convert to mark ~t rate after ye ir 14 :air 9d income units must it-paid ~5% AMI ,and Use it annual ~ction by Is of the ~ception, in Palm ,ach. All ion and I points HC), an ;I to the .~nt cost I longer )utJons' r for an n", the 3merit 'eater ~cts in ross. umber !bution ~ from ,rmaJly uired 83/25/1994 03~80 5617~26011 PA6~ 85 parking spaces only qualifies IF the development is located in an area targeted for in-fill housing or revitalization by the local government and the local government verifies that the requirements are waived specifically for the subject development, In their application for reduction of the parking requirements from two spaces per unit to orte space per unit, Boynton Associates, Ltd. showed a contribution from the city estimated at $337,444.38, which approaches 10% of the proposed $3.4 million total pro.~ect cost. This would ,qualify the applicants for the maximum 20 points. If the city reduces the parking requirement from two spaces to' ~.~ ~aces per unlit the applicant would provide 110 spaces. The city's contribution would have a value of $236,210 77 which would be approximately 6~7% of the deyel~pm.,~t n~, Staff has det~ the remaining margin of approximately $~I~ h,~ made u throu ' con--tributions that would baneffi th-ej~_roiect'~-without .L~., ~U. gh a.variety of rO.ect ........ .z '~ "~L'"Y ~jacan~ properly rot ocher on re~reation/~'lubhouse and space to accommodate addition_al parking if ever cede Procerty-couta accomm.~late an e**~-~-,,--, --, ........ '- n _ ~J;L~Tbis ---~--the-PTO'~de~Tk~om 1.3 to 1.85 sp~ces-per~dwelting unit. P otent~al a ternat ve city contributions could include the following:* · Waiver of building permit fees; $ 44,144 · Waiver of tipping fees at landfill; $ 2.5,500 · Donation of dumpster during rahab; $10,625 · Waiver of construction meter fee; $ 250 · Waiver of extension of water/sewer lines from meter to Community Center; $ 500 · Donation of landscaping materials; · Purchase of adjacent property - ~ ~------- TOTAL $172,022 · These potential contr/butions were estirne{ed in 1998 by the city when considering a previous requasL~r~ tJ3.e_o~QQy.~n of this properS, nnd er"- curren~Jy bc[n .... ~eOdm~iSsS/~oon~ s.u. pports, this alt .ernative variance, the cond tio~ ,..,,~.u~ new [ne reauc[ion to 1.3 spaces per unit, and to re uire co be.tw.e, en the developer, the residents of Bovril,.,, T~ ..... ~ ........ q _ .. ord}nation ATTACHMENT "A" 2001 COMBINED RENTAL CYCLE TABLE OF CONTENTS Page 1 of 1 SAIL. HOME and HC APPLICATION F~O_RM S WHICH APPLY FOR ALL PROGRAMs FORM 1 Applicant and DevelOpment Da~a -0o Points FORM 2 Portfolio Diversifioet;on end Geographic Distribution 2 Points FORM 3 Exper~nce of Development Teem 85 Poln~s FORM ~ Development Fun~ng ~d ECO~mie Viabi~l~ {~velopment Cost Pro Fora) 150 P~nts FORM 5 L~a; Gever~ent Contributions 20 P~n~s FORM 6 L~ Government ~ennlng ~fQ~S 5 Points FORM 7 Development Feaslbil~y and AbiliW tO Pro~ed 121 !0E P~nts FORM 9 C~mitme~ to Pro,de L~ger Set-Aside 100 Points FORM 10 Leveragl~ 60i2G~ Poln~ _FORMS WHICH APPLY FOR THE SAIL PROGRAM ONLY FORM 11 Damogreuhle end Set-Aside Commitment FORM 1~ Lo~ Request Statement FOR~ WHICH APPLY FOR THE HOME PROGRAM ONL~ FORM 1~ C~m~tmem to Pro,de Set-Aside Unl~ Bayed t~ Minimum Set-Aside $~ected FORM ~ E U~f~m Relocation Act FORM 1~ Metoh Funds FORM 1~ Spe~el T~getlng FORM 17~ Statuto~ and Federal Req~rements FORM 1~ Loan Request Statement FORMS WHICH APPLY FOR THE HC PROGRAM C~[~ 8~06QP¢~ts Points Points Points Poir~.s Paints P~ints ,.7.37 722 FORM 1~ Commitment to Provide Set-Aside Unite I~eyond the Minimum Set-Aside Selected 50 Points FORM 2__O2-~ HC Equity Lsvereglng FORM 21~ S~ei~ Targe~ng 30 P~ts FORM ~ Allocation In~rm~on 2~ ~ Points -- ~- P~nts FORM 2~ Allocation ~queet St~ement Tot~ Poln~ Av~lable for Total Po;nra Available f~ HOME Tot~ P~ts Av~leb~ for HC EXHIBIT 'C" Conditions of Approval Prcjectname: Boynmn Terrace File number: ZNCV 00-020 (parking reduction) Reference: ~u ~.m[~ ~ vcm~*r 16 2000. DEPARTMENTS REJECT PUBLIC WORKS Con'~ents: None VTr~rrms Commonts: None Cornm~nts: None _._POLICE COw-ments: None ~NGIN~D DF97SION -- ,. C~mm~nt~: N~ne -- BLrfLDING DMSION P~ A~ ~C~TION Co~: None FO~S~O~ENT~iST Co~: None PLUG ~ ZO~G Co~; None_ ~DITION~ PLUG ~ DE~r,Op~ BO~ ~IONS 1. ~e applic~t ~ing aw~ a ~ant ~m ~e s~te ~ credit proem tot X · e pu~os~s ~tup~ing the subj~ 2. Site i~prov~ ~11 include: a) Si~ l~dscaping be brou~t up to b) A p~met~/~o~ f~ce or wall be ~od ~ dec.rive f~ such ~ oolu~ ~d ~) All ~/ng ~ ~ be d) Add q~t/~ outdoor r~atio~p~o~d p, -~u; ~ ~plac~[ OI~t~ In insteps, ~d a n~w coat of _ Vamt. 83/25/1994 03:80 5617426012 PAGE 08 Page 2 Auto Zone FileiNo.: N'WsP 98-007 D~PARTM~NTS INCLUDI~ R.F-JECT ;i , t~l P~ovid¢ a guard gate and secgnD- cameras. · ADDITIONAL CITY COMMISSION CONDITIONS 2. To b* d~t~m'dn¢d. MWR:arw