The URL can be used to link to this page

Agenda 03-06-01The City of 100 E. Boynton Beach Boulevard (561) 742-6000 City Commission AGENDA MARCH 6, 2001 Gerald Broening Mayor At 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~! ;TRICT III DISTRICT I Visit our Web site www.ci.boynton-beach.fl.us g#i#l~//##~ ~',/t~ /./y/#~ f~/' ~ /11111~##1#r~ WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLZC PARTZCZPA't'ZON AT CTrY OF BOYNTON BEACH COMMISSZON MEEI'ZNGS THE AGENDA: There is an official agenda for every meeting of the CiW Commissioners, which determines the order of bus~ness conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items, which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items, which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAK:~NG AT COMM]:5S:~:ON MEEI'~NGS: The pub{ ~: 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, ancJ 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 lelt end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted affcer presentation of an agenda item has -' begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters n_~ listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the Cit~ Clerk. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda alter a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSING THE COMMISSION: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission wil 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 Commissio~ Meeting is in sess;on. City Commission meetings are held in the Boynton Beach City Commission Chambers, :~00 East Boynton E3each Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BO ON BEACH REGULAR CITY COMMISSION MEETING AGENDA March 6, 2001 6:30 P.M, OPENINGS: Ao Call to Order - Mayor Geratd Broening Invocation - Rabbi Max Roth - Temple Beth Kodesh Pledge of Allegiance to the Flag led by Vice Mayor Ron Weiland IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPP~ATE REQUEST FORM · Green Card for Agenda Items · Yellow Card for Non-Agenda Items · GIVE Tr TO THE CITY CLERK (ON THE DAIS) BEFORE THE ~OPENINGS" PORT~ON OF THE AGENDA HAS BEEN COMPLETED. · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. PUBLIC AUDIENCE: t'NDZVIDUAL SPEAKERS WILL BE LTMTrED TO 3-Mt'NUTE PRESENTATIONS (Yellow Card) III. ADMINISTRATIVE: Accept resignation of Linda So.ika, Regular Member of the Firefighters Pension Board Accept resignation of Mike Fitzpatrick, Regular Member of the Recreation & Parks Board C. Appointments to be made: City of Boynton Beach Agenda Regular City Commission March 6f2001 Appointment To Be Made Board I Weiland IV Fisher Mayor Broening I Weiland II Black Mayor Broening II Black IV Fisher Mayor Broening Mayor Broening iV. Advisory Bd. On Children & Youth Bldg. Board of Adjustment & Appeals Community Relations Board Community Relations Board Employees' Pension Board Firefighters' Pension Board Library Board Nuisance Abatement Board Nuisance Abatement Board Recreation & Parks Board ANNOUNCEMENTS & PRESENTATZONS: A. Announcements: Length of Term Expiration D~h~ Alt i yr term to 4/01 Tabled (3) Alt z yr term to 4/01 Alt 1 yr term to 4/01 Tabled (3) Alt 1 yr term to 4/01 Tabled (2) Reg 3 yr term to 4/01 Reg 2 yr term to 4/01 Alt 1 yr term to 4/01 Tabled (3) Reg 2 yr term to 4/02 Alt i yr term to 4/01 Reg 3 yr term to 4/03 None B. Presentations: 1. Proclamations: None Presentation of Certificate of Appreciation from the U.S. Department of Commerce, Bureau of the Census, by the Department of Development of the City of Boynton Beach V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Minutes of Regular City Commission Meeting of February 20, 2001 City ofBoynton Beach Agenda Regular City CommissJon March 6f2001 Bids - Recommend Approval - All expenditures are approved in the 2000-2001 Adopted Budget Extend the "THREE YEAR CONTRACT FOR FINANCIAL AUDITING SERVICES" contract for an additional two year period to Ernst & Young, LLP for the fiscal years ending 9-30-01 and 9-30-02, RFP #043-1410- 01/KR Confirm the prior approval/appropriation of up to an additional $100,000 in additional engineering and inspection fees for Post Buckley Schuh & .]ernigan for the Gateway Boulevard Improvement Project Resolutions: e Proposed Resolution No. R01-39 Re: Releasing the restoration surety on Fosters Mill Project (aka Foster Farm PUD; fka Summers Mill, a PUD) in the amount of $252,962.60 Proposed Resolution No. R01-40 Re: Approving a Special Warranty Deed conveying tiUe to Derek and Tracy Wiley for Lot 62, less the west 10', Lot 63, and the west 20' of Lot 64, Cherry Hills, as recorded in Plat Book 4, Page 58, of the Public Records of Palm Beach County, Florida Proposed Resolution No. R01-41 Re: Approving the release of surety refunds on the Home Depot Expo Design Center #3609 ($117,954.65 in Letters of Credit and $13,176.13 in cash surety) 4. Intentionally Lefic Blank Proposed Resolution No. R01-42 Re: Approving the release of surety on WAL-MART SuperCenter #2789-00 ($201,888.50) Proposed Resolution No. R01-43 Re: Authorizing the execution of Task Order #01-01 in the amount of $72,076 with Metcalf & Eddy for engineering services related to NE 12t~ Avenue, drainage improvement and seawall replacement Proposed Resolution No. R01-44 Re: Approving the reduction in surety for the project known as Wal-Mart SuperCenter from the original amount of $305,330.30 down to $15,260 Proposed Resolution No. R01-45 Re: Authorizing the placement of liens against propeKcies with unpaid lot mowing charges City of Boynton Beach Agenda ' Regular City Commission March 6, 2001 10. 12. 13. 14. Proposed Resolution No. R01-46 Re: Authorizing and directing the Mayor and City Clerk to execute an agreement between the City of Boynton Beach and Edward W. Bieluch, as Sheriff of Palm Beach County, Florida, providing for the creation of a Public Law Enforcement Insurance Combating Auto There Task Force (PI_rCA'0 Proposed Resolution No. R01-47 Re: Approving the agreement between the City's G.A.L.A. Committee and Sheldon Amusements for the amusement company to plan, organize and implement rides in the Kids Korner area for the period of three days, March 16-18, 2001 Proposed Resolution No. R0[-48 Re: Approving the security agreement for the 2001 G.A.L.A. event for the period of March 15 through March 18, 2001 with Statewide Enterprises Custom Security Solutions for 295 hours of special event security for a total cost of $4,617.50 Proposed Resolution No. R0~-25 Re: Approving a full release of surety for the project known as Carriage Gate PUD in the amount of $11,962.07 Proposed Resolution No. R0~-49 Re: Authorizing execution of a proposal for the distribution of the 9-1-1 funds for dispatcher salaries the Proposed Resolution No. R01-50 Re: Ratifying collective bargaining agreement with Lieutenants FOP Ratification of Planning & Development Board Action: 1. Ideal Paint & Body, [nc. - 610 Industrial Avenue - Request for approval of a site plan modification to construct a 1,600 square foot addition to an existing paint and body shop use. 2. Outpatient Clinic - 2401 S. Seacrest Boulevard - Request for approval of a site plan modification to construct a 2,900 square foot medical office building on a 0.72-acre lot. 3. D~'or Elements/Furnishings (Ed Carey Design) - Quantum PID - Request to amend the current list of approved uses in the Quantum Park PID to allow design, manufacture, storage and distribution of d&cor elements and furnishings on lots classified for office and industrial. Authorize the purchase of landscaping services with a combined cost of up to $20,000 from Vila &, Sons Landscaping who has been awarded County Bid #99- City of Boynton Beach Agenda Regular City Commission March ~ 2001 052. This authorization will be used to issue Purchase Orders to complete several approved Neighborhood Projects. F. Approve extension of the Land Development Permit for the East Ridge PUD G. Approve waiver of the permit fees for the Boynton Terrace Project H. Affirming the City Manager's appointment of Paul M. Fleming as Senior Project Manager for the Engineering Department cTrY MANAGER'S REPORT: A. Presentation by Public Works regarding procedures for handling storm related debris removal - Jeff Livergood, Public Works Director B. Proposed Refinancing of 1992 Utility Bond Tssue -- Authorization to Proceed With Project by Motion VZT. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS None VZII. FUTURE AGENDA [1'EMS: A. Reconsideration of Purchase of 3.5 acre site (Commissioner Ferguson) - (March 20, 2001 or April 3, 2001) B. Process for Artwork in City - Commissioner Fisher (March 20, 2001 or April 3, 2001) C. Review Proposal for Dog Park Sites - Commissioner Black (March 20, 2001 or April 3, 2001) D. Conditional Use Approval for Orbit (April 3, 2001) E. Future Annexation Areas (April 2001) F. Status report on new meeting schedule for advisory boards (May 2001) G. Review long-term water production needs of City ZX. DEVELOPMENT PLANS: None City of Boynton Beach Agenda Regular City Commission March 6, 2001 NEW BUSTNESS: A. Discuss Railroad Crossing Tssues B. Schedule Special City Commission Meeting to Accept the Election Returns 3. Approve Proposed Community Activity Grants X'r. LEGAL: A. Ordinances - 2"d Reading - PUBLIC HEARZNG Proposed Ordinance No. 01-12 Re: Amending the City of Boynton Beach Code of Ordinances to change the Senior Advisory Board meeting schedule from monthly to quarterly Proposed Ordinance No. 01-13 Re: Amending the City of Boynton Beach Code of Ordinances for Planning & Development Board members regarding the fourth Tuesday of each month B. Ordinances - ~.s: Reading Proposed Ordinance No. 01-15 Re: Amending Chapter 18, Article TI[, Pensions for Police Officers, Section :[8.166 allowing the fund to invest up to :[0% in foreign stocks at cost Proposed Ordinance No. 01-16 Re: Amending Land Development Regulations as follows: Chapter 2 Zoning, Section 6. Commercial District Regulations and Use Provisions; creating a new Section 17 entitled "Sidewalk Cafes" Proposed Ordinance No. 01-17 Re: Amending the Land Development Regulations, Chapter 2. Section 6 A.1. to allow photography studio services as a permitted use in the C-1, Office and Professional Commercial zoning district C. Resolutions: None D. Other: 1. Intentionally lelt blank Approve the mediated settlement with plaintiff in Case #99-008757AE (Teresita Rivera v. City of Boynton Beach) in the amount of $23,100 6 CiD/of Boynton Beach Agenda Regular CiD/Commission March 6, 2001 Approve the mediated settlement with plaintiff in Case #CL00-2108AJ (Ronika Copeland v. City of Boynton Beach) in the amount of $11,250 XII. UNFINISHED BUSINESS: XIII. OTHER: A. Informational items by members of the City Commission Status Report on Possible Improvements to Girl Scout Park presented by John Wildner - Requested by Vice Mayor Ron Weiland and Commissioner Bruce Black 2. Application for funding from County DIP and RAP funds for the following: Foot bridge for Girl Scout Park (RAP) - John Wildner 17m & Seacrest Boulevard Traffic Control and Hester area traffic calming (DIP) - Jeff Livergood Seacrest Landscape Island Improvements (DIP) - John Wildner & Jeff Livergood Review regulations for possible exemption of sprinkling ban for new plantings - Dale Sugerman & .lohn Wildner - Item Requested by Commissioner Bruce Black XZV. AD3OURNMENT: NOT[CE IF A PEESON DECIDES TO APPEAL ANY DECISION MADE BY THE C1TY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETINGt HE/SHE W~LL NEED A RECORD OF THE PROCEEDTNG$ AND~ FOR SUCH PURPOSEt HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDTNG IS blAOE~ WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED, (F.S. 286.0[05) THE CrTY SHALl. FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARy TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN E~UAL OPPORTONITY TO PARTICIPATE tN AND ENJOY THE BENEFTTS OF A SERVIC. E~ PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY, PLEASE CONTACT JOYCE COSTECLO, (56[) 742-6013 AT LEAST TWENTY-FOUR HOURS PR3OR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. FINAL AGENDA - 03/02/200:1. 2:06 PM JMP \\EH\HAIN\SH P~DATA\CC\WP\CCAGENDA~GENDAS\YEAI;[ 200~-\030601.DOC 7 CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA March 6, 2001 6:30 P,M. I. OPENINGS: 'ri. Call to Order - Mayor Gerald Broening Invocation - Rabbi Max Roth - Temple Beth Kodesh Pledge of Allegiance to the Flag led by D. TF FILL OUT THE APPROPRIATE · Green Card for · Yellow GIVE COl THE DAIS) ~ HAS BEEN Jr.1 WHEN '1 INI UALS MAY MINUTES. Deletions, Corrections Adoption PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIt41'FED TO 3-t4INUTE PRESENTATTONS (Yellow Card) IlL ADMINISTRATIVE: A. Accept resignation of Linda Sojka, Regular Member of the Employees' Pension Board B. Accept resignation of Mike Rtzpatrick, Regular Member of the Recreation & Parks Board C. Appointments to be made: 1 City of Boynton Beach Agenda Regular City Commission March 6, Appointment To Be Made I Weiland Board Advisory Bd. On Children & Youth Alt Length of Term Expiration Dat~ 1 yr term to `$/01 Tabled (3) IV Fisher Mayor Broening I Weiland II Black Mayor Broening II Black IV Fisher Mayor Broening Mayor Broening IV. Bldg. Board of Adjustment & Appeals Alt Community Relations Board Alt Community Relations Beard Alt Employees' Pension Board Reg Firefighters' Pension Board Reg Ubrary Board Alt Nuisance Abatement Board Nuisance Abatemen Reg 3 1 yr term to `$/01 1 yr term to '$/01 1 yr term to 4/01 3 yr term to '$/01 yr term to '$/02 1 yr term to, Tabled Tabled (3) Presentation of Certificate of Appreciation from the U.S. Department of Commerce, Bureau of the Census, by the Department of Development of the City of Boynton Beach V, CONSENT AGENDA: Matters in ~his section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Minutes of Regular City Commission Meeting of February 20, 2001 Bids - Recommend Approval - All expenditures are approved in the 2000-2001 Adopted Budget City of Boynton Beach Agenda Regular City Commission March 6, 2001 Extend the "THREE YEAR CONTRACT FOR F"[NANCIAL AUDI-i'[NG SERVICES" contract for an additional two year period to Ernst & Young, LIP for the fiscal years ending 9-30-01 and 9-30-02, RFP #043-1410- 01/KR Confirm the prior approval/appropriation of up to an additional $100,000 in additional engineering and inspection fees for Post Buckley Schuh & .]ernigan for the Gateway Boulevard Improvement Project Resolutions: Proposed Resolution No. ROI- restoration surety on Fosters Mill Project Summers Mill, a PUD) in the amount of fka Proposed Resoluti : Approvi~ and Tracy 20' of Lot 64, of the Public = of surety Resolution Approving the release Expo Design Center #3609 $13,176.13 in cash surety) No, R01- Re: Approving the release ~nlng surety on the Hills of Lake Eden Subdivision ($19,350), approval of the SUbdivision, the acceptance of the dedications and the maintenance responsibilities of those improvements dedicated to the City Proposed Resolution No. R01- Re: Approving the release of surety on WAL-MART SuperCenter #2789-00 ($201,888.50) Proposed Resolution No, R01- Re: Authorizing the execution of Task Order #01-01 in the amount of $72,076 with Metcalf & Eddy for engineering services related to NE 12~ Avenue, drainage improvement and seawall replacement Proposed Resolution No. RO1- Re: Approving the reduction in surety for the project known as Wal-Mart SuperCenter from the original amount of $305,330.30 down to $15,260 Proposed Resolution No. RO1- Re: Authorizing the placement of liens against properties with unpaid lot mowing charges City of Boynton Beach Agenda Regular City Commission March 6, 2001 10. 11. Proposed Resolution No. R01- Re: Authorizing and directing the Mayor and City Clerk to execute an agreement between the City of Boynton Beach and Edward W. Bieluch, as Sheriff of Palm Beach County, Florida, providing for the creation of a Public Law Enforcement Insurance Combating Auto Theft Task Force (Pl./CAT) Proposed Resolution No. R01- Re: Approving the agreement between the City's G.A.L.A. Committee and Sheldon Amusements for the amusement company to plan, orga ~nd implement rides in the Kids Korner area for the period March 16-18, 2001 Proposed Resolution No. ROI- security agreement for the 2001 15 through March 18, 2001 Solutions for 295 $4,617.50 the of March Custom Security for a total R01- for the project known $11,962.07 PUD in the execute a Authorizing to of the 9-1-1 funds for dispatcher No. R01- Re: Ratifying bargaining agreement with Lieutenants FOP the Ratification of Planning & Development Board Action: Zdeal Paint & Body, ]nc. - 610 Indusb-ial Avenue - Request for approval of a site plan modification to construct a 1,600 square foot addition to an existing paint and body shop use. Outpatient Clinic - 2~01 S. Seacrest Boulevard - Request for approval of a site plan modification to construct a 2,900 square foot medical office building on a 0.72-acre lot. Photography Studios in C-1 Zoning District - Request to allow photography studios as permitted uses in the C-1 zoning district. D~cor Elements/Furnishings (Id Carey Design) - Quantum PID - Request to amend the current list of approved uses in the Quantum Park 4 City of Boynton Beach Agenda Regular City Commission March 6~ 2001 PID to allow design, manufacture, storage and distribution of d~cor elements and furnishings on lots classified for office and industrial. Authorize the purchase of landscaping services with a combined cost of up to $20,000 from Vila & Sons Landscaping who has been awarded County Bid #99- 052. This authorization will be used to issue Purchase Orders to complete several approved Neighborhood Projects. F. Approve extension of the Land Development Permit for the East Ridge PUD G. Approve waiver of the permit fees for the Boynton Terrace Project Affirming the City Manager's appointment of Paul M. Manager for the Engineering Department VZ. CTTY MANAGER'S REPORT: A. Presentation for debris 1992 Utility Bond l~ssu~ Proceed With HEARING: EREAFTER AS THE AGENDA PERMITS Reconsideration of Purchase of 3.5 acre site (Commissioner Ferguson) - (March 20, 2001 or April 3, 2001) B. Reconsideration of Mural Resolutions - Commissioner Fisher (March 20, 2001 or April 3, 2001) C. Review Proposal for Dog Park Sites - Commissioner Black (March 20, 2001 or April 3, 2001) D. Future Annexation Areas (April 2001) E. Status report on new meeting schedule for advisory boards (May 2001) DEVELOPMENT PLANS: None 5 City of Boynton Beach Agenda Regular City Commission March 6~, 2001 NEW BUSZNESS: A. Discuss Railroad Crossing Issues B. Schedule Special City Commission Meeting to Accept the Election Returns LEGAL: A. Ordinances - 2.nd Reading - PUBI TC HEARING ~L. Proposed Ordinance No. 01-12 Re: City of Boynton Beach Code of Ordinances to change th meeting schedule from monthly to quarterly the Proposed Ordinance No. 01-13 City of Boynton Beach Amending the ~g & Development Board Pensions for Police p to 10% in foreign stocks 01- Chapter 18, the fund to invest Re: Amending as follows: Chapter 2 Zoning, Section 6. Regulations and Use Provisions; creating a new Jtions: D= Other: 1. 2. Modify the Conditional Use Approval for Orbit Approve the mediated settlement with plaintiff in Case #99-008757AE (Teresita Rivera v. City of Boynton Beach) in the amount of $23,100 3. Approve the mediated settlement with plaintiff in Case #CL00-2108AJ (Ronika Copetand v. City of Boynton Beach) in the amount of $11,250 UNFTNTSHED BUSTNESS-' City of Boynton Beach Agenda Regular City Commission March 6, 2001 XIII. OTHER: A. Informational items by members of the City Commission XZV. AD3OURNMENT: NOTICE IF A PERSON DEC~DES TO APPEAL ANY DECISION MADE BY THE CiTY COMMISSION ~ RESPECT ' MEETINGx HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE~ RECORD OF THE PROCEEDING IS MADE~ WHIC (F.S. 286.0105) THE LTrY ~HALL FURNIS EQUAL OPPORTUNITY TC CONTACT ]OYCE HOURS PRIO FINAL D 4:46 Pr4 ]lip 2001\030601.DOC 7 LIN & PAUl. $OJKA 910 NW TRE~ISURE ROAD STUART, FI.ORID~I 34994 PHONE: 561-692-0642 III-ADMINISTRATIVE ITEM A February 8, 2001 Barbara Ladeau / Pension Admini.qrator Office of the City Clerk City of Boymon Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 Dear Barbara, City Commi-~sioners and My Fellow Board Members, I regret, but must offer my immediate resignation from the Firefighters Pension Board. My husband and I have recently moved out of Palm Beach County and I feel my availability and effectiveness, as a Board member would be hindered by thig separation. The growth I have had over the past year and a half has proven invaluable to me and I will always be grateful for the experience. A special thanks to the Pension Aclmini.qrator and my fellow Board members for your guidance and friendships, I wish you all cominued sucxess. Feel fxee to contact me at the above phone with any questions and thank you. Sincerely, III-ADMINISTRATIVE ITEM B Requested City Commission [] November 21, 2000 [] December 5, 2000 [] December 19, 2000 [] January 2, 2001 IV~ANNOUNCEMENTS & PRESENTATIONS Item B.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOIL,x Date Fiual Form Must be Turned in to Ci~ Clerk'~ Office November 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) Requested City Comm;~gion [] Janua~ 16, 2001 [] Fcbma~ 6, 2001 [] F~broa~y 20, 200~ [] Mamh 6, 2001 Sanuary 3, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Adminisl~ative [] Development Plans [] Consent Agenda [] New Business [] Publie Hearing ['-[ Legal [] Bids [] Unfinished Busineas [] Announcement [] Presentation RECOMMENDATION: Presentation of a Certificate of Appreciation from the U.S. Depar~ent of Commerce, Bureau of the Census, by the Depmtment of Development to the City of Boynton Beach. EXPLANATION: The City of Boynton Beach has worked diligently over the past year assembling and updating databases, maps, coordinating meeting locations and distributing information to the public, in assistance to the U.S. Department of Commerce, Bureau of the Census. This award recognizes the significant effort and cooperation undertaken to assure that our citizens were properly counted during Census 2000. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A QuintuffI. Grcene, ~)irecto~ of Development Department o f Development City Attorney / Finance / Human Resources S:~BU~ORMS~AGENDA ITEM REQUEST FORM.DOC Requested City Commission Meetin~ Dates [] November 21, 2000 [] December 5, 2000 [] December 19,2000 [] January 2, 2001 V-CONSENT AGENDA CITY OF BOYNTON BEACH Item B-1 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 City Commission Meetin~ Dates [] January I6,2001 [] February 6, 2001 [] February 20, 2001 [] March 6,2001 Date Final Form Must be Turned in to City Clerk's Office January3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) February7,200l (5:00 p.m.) February21,2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Adminis~-ative [] Devel°pmentPlans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOM3~NDATION: Motion to extend the "THREE (3) YEAR CONTRACT FOR FINANCIAL AUDITING'~: SERVICES" contract for an additional two (2) year period to Ernst & Young, LLP for the fiscal years ending 9-30-01 and 9-30-02, RFP #043-1410-01/KR. CONTRACT PERIOD: JULY 22, 2001 TO JULY 21, 2003 EXPLANATION: At the Commission meeting of July 21, 1998, this RFP was awarded to Ernst & Young, LLP. During this three year period Ernst & Young, LLP of West Palm Beach, FL has provided us with excellent service. This contract will expire on July 21, 2001; however, according to the Terms and Conditions we have the option to renew, provided both parties agree. (See attached letter from Ernst & Young and Memo from Diane Reese, Finance Director) PROGRAM IMPACT: An annual audit is required each year by the Auditor General of the State of Florida. FISCAL IMPACT: The proposed prices represent an annual increase of approximately 2%, wifich are consistent with the initial three (3) years of the contract. Costs for audit fees are prorated to various departments. Audit fees for fiscal year ending 09/30/01 = $ 87,500 Audit fees for fiscal year ending 09/30/02 -- $ 89,50~ Procurement Services Department Name City Attorney / Finance / Human Resources cc: Diane Reese, Finance Director File S:kBULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CiTY CLERK TO EXERCISE A RENEWAL OPTION TO AN AGREEMENT FOR FINANCIAL AUDITING SERVICES BETWEEN THE CITY OF BOYNTON BEACH AND ERNST & YOUNG, LLP.; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ADDENDUM No. 1; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on the 21st day of July, 1998, the City and Ernst & Young, LLP entered into a three year agreement for financial auditing services, which agreement contained enewal options for fiscal years 2001 and 2002; and WltEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the citizens and residents of the City of Boynton Beach, to exercise the renewal option in an agreement with Ernst and Young, LLP, for fiscal year 2002; 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 exercise a renewal option to an ~greement between the City of Boymon Beach and Ernst and Young, LLP., to provide 5nancial auditing services to the City of Boymon Beach, for fiscal year 2002, and execute addendum No. l, a copy of which Addendum is attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of March, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) ADDENDUM #1 DATE: February 23, 2001 RFP TITLE: "THREE (3) YEAR CONTRACT FOR FiNANCIAL AUDITiNG SERVICES" RFP NUMBER: 043-1410-01/KR THE FOLLOWING REFLECTS CHANGES RELATIVE TO THE EXECUTION OF ITEM #12 - "OPTION TO RENEW", CONTRACT DATED JULY 21, 1998 BETWEEN THE CITY OF BOYNTON BEACH, AND ERNEST & YOUNG, LLP: CONTRACT ITEM #2 - TERM: The term of the agreement shall be for the period of two (2) years to cover the fiscal years September 30, 2001 and September 30, 2002. CONTRACT ITEM g4 - COMPENSATION: The professional fees, including out-of-pocket expense, for the audit of the CITY f'mancial statements and CAFR preparation, the Single Audit, and compliance with the Rules of the Auditor General for the two (2) years ending September 30, 2002, are as follows: Financial Statements Single Audit Auditor General 2001 2002 $ 73,000 $ 74,000 9,000 9,500 5,500 6,000 TOTAL $ 87,500 $ 89,500 AUDITOR FIRM: By: CITY OF BOYNTON BEACH, FL BY ITS CITY COMMISSION By: Name Witness: Mayor Witness: :ITy OF B ¥NTON BEACH FINANCIAL AUDITING SERVICES AGREEMENT THIS AGREEMEHr, entered into this 21s1 day of July .1998, be~esn the City of Boynton Beach, a political subdivision of the State of Florida, hereinaftei' re. fen'ed to as tl~ "CITY", and Ernst & Young, I .! .p, a certified public accounting firm, authorized to do business in the Stale of Florida, hereinafter referred to as the "AUDITOR". 1. SCOPE OF EXAMINATION: (a) The AUDITOR will audit th~ CITY'S general potpose financial sla~ments in accordance with generally a._.~l_.ted auditing .,a~ndaniS, Section 11~45, Florida Statutes, and Chapter 10.550 of the nde of the Auditor General. (e) The scope of the audit ~han include all emifias operating under the CITY and all midits now r~qui~d by Stat~ and F~ml anflaorifi~ including ~ nndar tbe Single Audit Act of 1984 (compliance andils). Tl~ ~[nanelal and compliance audits droll I:~ in aceOydnnC~ with all State ~ Federal laws and rclmlnrlens r~l~l-lng to audit .~na~ds, x~tuirements and guidelines. The term of tbe ag~.eement ~-nlI be for the lmiod of thren O) ym~s to cover the f~:al years ~ 30, 1998, September 30, 1999, and Septemb~ 30, 2000. This cOui~dct can be extended for the optional periods for II~ fiscal yea~ .nai%~ September 30. 2001 and .%ptember 30, 2002. ilbil~G OF ~ WORg: (a) AUDITOR ,~h~,ll use reasonable eff°~s, subject to laws, rc~fl~ens ~nd professional but no later t~ the time allocated by ~aiea 11.45 Florida Statutes and Cimptet 10.550 of the Rules of the Auditor General (e) CITY undcz~mt~ that the proper and timely completion of AUDITOR'S semites hereunder xcquire the nmsonable cooperation of CITY, its agencies, and their respecti~ officers, dircctors, employees, othca' personoel and agents. CITY asa:es to provide all such reasonable cnopo'afie~ requested by AUDITOR and agn~ to be responm~ole for the performance of the office, di~lors, employees, other porsonnel and'agents of the CITY and its agencies. AUDITOR may make reasonable use of CITY ~ processing facilities to poYorm testing and sampling techniques in connccfion with the audit, with the v~U-ation that data personnel must be given consideration to cffectively perform day-to-day requirem~m* COMPENSATION: The professional fees, including out-of-pocket ext~nses, for the audit of the CITY filmncial stateroenl's and CAFR preparation, the Single Audit,. and compliance with the Rules of the Auditor General for the three (3) years eadin~ September 30, 2000, are as follows: 1998 1999 2000 Financial Statement~ S 70,000 S 71,000 S 72,000 Sh~glc Audit 7,50O 8,000 8,5O0 Auditor General 4,000 4,500 5,000 Total $ 81,500 $ 83,500 $ 85,500 lof5 The City of Boynton Beach MEMORANDUM TO: FROM: DATE: SUBJECT: Bill Atkins,~D~'l~hty Director of Financial Services Diane Reese, Finance Director February 20, 2001 THREE (3) YEAR CONTRACT FOR FINANCIAL AUDITING SERVICES Ernst & Young, LLP has provided the City with excellent service during the past three years in their performance of auditing procedures required by the Auditor General of the State of Florida. They have agreed to extend this contract for an additional two years with an annual increase of approximately 2%, which is consistent with the initial three (3) years of the contract. This extension will cover the fiscal years ending September 30, 2001 and September 30, 2002. Funds are available from various departments since the audit fees are prorated accordingly. Please place this item on the next Commission Agenda for their approval of this extension. cc: File ,IWL,Y ~ 1908 TO 3U'L¥ {l, 3001 i:lq3u~ l~c=~r of Fire o~ ~ ~o cz c~ ~z ~ zZ ~ ~ Z ~m ~~ ~ ~ ~o ~m ~ ~ c z~ ~ ~o ~ ~o ~o > > ~ ~0 < < mmmm ~ ~ O~ ~ ZZZ mu 0 o o o o o o ~ ~o~ ~ ~m Z ~ ~zm 0 0 ~ c' - ~ ~ ~ZomO ~ oC ~ ~z>~c o o~O Oo~>~O~o~ . ~ ~o o ~ ~o cm ooo0 -- -- ~ ~ Z~Z ~ -- Z 0 O~m -- Z~ z z~ m z m m m m ~oo~ ~. mm ZZ ~> m~ ~' m V-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM B-2 AGENDA ITEM REQUEST FOK~,. Requested City Commission Meeting Dates [] November 21, 2000 [] December 5, 2000 ] December 19, 2000 [] Janumy 2, 2001 November 9, 2000 (5:00 p.m.) November 22, 20~0 (5:00 p.m.) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) [] January 16, 2001 [] Fe~rua~ 6, 2001 [] Februa~ 20, 200l [] 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.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] UnlinishedBusiness [] Announcement [] Presentation RECOMlVl~NDATION: Motion to confirm the prior approval/appropriation of up to an additional $100,000.00 in additional engineering and inspection fees for Post Buckley Schuh & Jemigan for the Gateway Boulevard Improvement project. EXPLANATION: Previously (April 18, 2000) the City Commission approved Change Order #5 to Post Buckley Schuh and Jernigan, project engineers and Change Order #12 to Smith & Company, Inc. project general contractor, for the additional cost of inspection and engineering services during the 'overtime" pedod of construction on the Gateway Boulevard construction project. The :"overtime" period of construction is that time beyond the initial 250 days originally allowed the general contractor as per the contract. During the "0vertime' period, all of the additional expenses for the inspection and engineering services will be an expense of the general contractor. However, the City will need to first pay the bill to the consulting engineer, and then we will be reimbursed through an adjustment in the monthly pay estimate to the contractor. However, in order to pay the consulting engineer first, the City must have an appropriation allowing for those payments. The City Commission previously approved this arrangement when it approved the above identified Change Orders. However, because the Procurement Department did not feel comfortable that the Commission took a specific action on this appropriation, this new agenda item is being presented, and if adopted, will in fact, satisfy the Procurement Department that the funds for the payment of the additional engineering and inspection fee expenses have been appropriated by the City Commission. S:~BULLETIIX~ORMS~AGENDA iTEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM EMI'ACT: Adoption of this agenda item will satisfy the Procurement Department that the City Commission has approved the payment of additional engineering and inspection fees, all of which will be reimbursed by the general contractor. FISCAL IMPACT: There will be no fiscal impact to the City. Based on the contract, the contractor will ultimately pay the costs of inspection and engineering services for overtime work. This will be accomplished by decreasing the contract amount for construction to Smith & Company, Inc. by the $100,000.00 expense, and by increasing the contract amount to PBS&J in the same amount. ALTERNATIVES: None identified. Department Head'¢ignamre City Manager's Signature Department Name City Attorney / Finance / Human Resources S:'~BULLET1N~ORMS~AGENDA ITEM REQUEST FORM.DOC TO: FROM: DATE: RE: DEPARTMENT OF ENGINEERING MEMORANDUM NO. 01-027 Bill Atkins, Assistant Finance Director John A. Guidry, Interim Director of Engineering February 7, 2001 GATEWAY BLVD. ROAD IMPROVEMENT PROJECT At the April 18, 2000 City Commission meeting two change orders were approved for the work on Gateway Blvd. They both were concerning costs being incurred due to the need for additional engineering services by PBS&J. Change Ord_er #5 was for a change to the PBS&J contract to cover these costs and Change Order #I2 for Smith and Company, Inc. was for the deduction of these fees from their contract mount. To pay these fees to PBS&J, a revision needs to be made to their original P.O. to increase it by an estimated $100,000.00. Please process the previously approved Change Order #5 for PBS&J and increase their P.O. to cover existing and future costs. JAG/ck Xc: Dale Sugerman, Assistant City Manager Dave Kelley, Utility/Civil Engineer Bill DeBeck, Project Manager C:LMy Documents\Gateway Blvd. Rd. Improve. Proj. - CO #5 & I2 (Increase to PBS&J PO).ctoc ',HANGE ORDER PROJECT: Gateway Boulevard Improvements TO: Post, Buckley;Schuh & gernigan 3222Commerce Place Suite A .... West Palm Beach, FL 33407 Distribution to: OWNER ~ ENGINEER _~x CONTRACTOR ~x FIELD _~x OTHER ~x INITIATION DATE: 11/21/97 CITY'S PROJECT NO: R97-194 CONTRACT FOR: Design Road Improvements CONTRACT DATE: 11/21/97 You are directed to make the following changes in this Contract: Create a line item in the monthly pay request form, for the purpose of ehar~in~ directly for the overtime, or additional inspeetion and engineering expenses, in accordance with the contract for construction, that may be generated by the contractor working overtime during construction. These charges shall be mutually agreed upon by the contractor and the consultant, and will be paid by deductions from the contractor's monthly pay request. The charges submitted by the consultant will exactly match that as shown as a deduction from the monthly pay request by the eontractor. Not v~lid until si§nod by Imth the Owner and Engin~r. Si~amr~ of the Contractor indicams his a~r~¢ment herewith, includine any adiustment in the Contract $~Jm or Contract Time. The Original Contract Sum was... $ 146,353.00 Net change by previously authorized Change Orders... $ 122,749.00 The Contract Sum prior to this Change Order was... $ 269,102.00 The Contract Sum increased by this Change Order .... $ 0.00 The n'ew'Contxact Sum including this Change Order... $ 269,102.00 The Contract Time will be (increased) (decreased) (unchanged) by... (0) Days. The Date of Substantial Completion as of the date or'this Change Order therefore is POST, BUCKI~EY, SCHUH, & JERNIGAN Engineer Address: 3222 Commerce Place West/P~lm Bea~I~FL 33407 By~~ DAm Authorized: CITY of BOYNTON BEACH OWNER Address: P~). BOX 310 Bovnton BeS~h, ~436 BY ~tt! DATE ' ~ l,~? t~ CHANGE ORDER #12 Distribution to: OWNER ENGINEER CONTRACTOR FIELD OTHER PROJECT: GATEWAY BLVD. IMPROVEMENT PROJECT TO: SMITH & CO. 1200 Weston Road 2"d Floor Weston, FL 33326 INITIATION DATE: 03/30/2000 ENGINEER'S PROJECT NO: CONTRACT FOR: ROADWAY IMPROVEMENT CONTRACT DATE: 5/28/99 Ydu are directed to make the following changes in this Contract: Create a line item in the contract bid form, which would also be the monthly pay request form, for the purpose of deducting charges for overtime, or additional inspection and engineering expenses. The expenses shall be mutually agreed upon by the contractor and the consultant, and shall be shown as a deduction from the contractors monthly pay request, for the purpose of reimbursing the consulting engineer for overtime and additional services conducted on the project. Not valid until signed by both the Owner and Engineer. Si~nature of the Contractor indicates his ao-reement herewith, in¢ludino- any adiustment in the Contract Sum or Contract Time. The original Contract Sum was... Net change by previously authorized Change Orders... The Contract Sum prior to this Change Order was... The Contract Sum will be increased by this Change Order .... The new Contract Sum including this Change Order... The Contract Time wilt be increased by... $1,838~924.86 $ 41,105.58 $1,880~030.44 $ 0.00 $1,880,030.44 (0) Days. PBS&J ' / ith & C~. Address:3222 Commerce Plac~/~ddress:1200 Weston Road DATE / DATE ~/ff/~ Th~Dat? of Sub~antial Completion as ~ of this Change Order therefore is aun.~_.e 6. 2000 y / AuthoriZed. City of Boynto~' B~/eh Address: P.O. BOX 310 B0yn ton BT~,~, FL~-36 DATE U 4 ( ~ [ F'~ employee-owned company February 12. 2001 Project No: 140383.00 Invoice No: 0124943 CITY OF BOYNTON BEACH ATTN: DAVE KELLEY, P.E. PO BOX 310 BOYNTON BEACH FL 33425-0310 GATEWAY BOULEVARD IMPROVEMENT PROJECT NO. CP9901 - ENGINEERING FEE DEDUCTIONS Professional Services: January 1, 2001 through January 31, 2001 This is the amount deducted from the general contractors pay requests with the intent of paying for engineering and inspection services. Percent Description Fee Complete Earned. June Inspection Services 9,467.00 100.00 9,467.00 July Inspection Services 7,572.00 100.00 7,572.00 August Inspection Services 14,720.00 100.00 14,720.00 September Inspection Services 13,087.00 100.00 13,087.00 October Inspection Services 17,979.50 100.00 17,979.50 November Inspection Services 13,056.50 100.00 13,056.50 December Inspection Services 13,216.50 100.00 13,216.50 January Inspection Services 14, 122.50 100.00 14,122.50 Total Fee 103,221,00 Total Earned 103,221.00 Previous Fee Billing 89,098.50 Current Fee Billing 14,122.50 Total Fee 14,122.50 Total this invoice $14,122.50 3222 Commerce Place Suite A · West Palm Beach Florida 33407 · Telephone: 561.689.7275 · Fax: 561.689.3884 · www~pesj.com An employee-owned company February l2,2001 Fmx 375-6211 Mr. Dave Kelley P.E. Director of Public Works City of Boynton Beach P.O. Box 310 222 N.E. 9th Avenue Boynton Beach, FL 33432-0310 Re.' Gateway Boulevard City Project No. R97-194 Construction Project CP9901 (Bid No. 038~2510-99/SP) Engineering Fee Deductions - January Pay Application Dear Mr. Kelley: As required by the Construction contract, PBSJ is requesting the following deductions for the pay application to pay for engineering services beyond the contract time. The engineering services for the period beginning January 1st and ending January 31, 2001. Engineering 27.5 hfs @ $107 / hr = $2,942.50 Inspection t72.0 hours ~ $ 65 / hr = $11.180.00 Total $14,122.50 Should you have any questions or need additional intbrmation please call. Sincerely, PBS&J Douglas E. Norris, P.E. Project Manager \\WE ST_PA LM~S YS 2LPROJECTS\GATEWAY~DOCS\LETTERSXROB ERTx2-12-01 KELLEY.DOC 3222 Commerce Place, Suite A o West Palm Beach, Florida 33407 · Telephone: 561.689.7275 · Fax: 561.689.3884 · www. pbsj.com Requested City Commission Meeting Dates [] November 21, 2000 [] Dacember 5, 2000 [] December 19, 2000 [] January 2, 2001 V-CONSENT AGENDA CITY OF BOYNTON BEACE ITEM C.1 AGENDA ITEM REQUEST FOl~vs Ol FE~ 20 ~ 3:26 Date Final Form Must be Turned in to Cit7 Clerk's Office November 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) Requested City Commission Meeting Dates [] January 16,2001 [] February 6, 2001 [] February 20; 2001 [] March 6, 2001 Date Final Form Must be Turned in to City Clerk's Office January 3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION:: Approve resolution releasing the restoration surety on Fosters Mill Project (aka Foster Farm PUD; fka Summers Mill, a PUD) in the amount of $252,962.60. EXPLANATION: Attached please find an application for surety release from Schnars Engineerin gCorpomtion., the contractor for the above referenced project Also attached is correspondence fi.om the Engineer and Utilities Departments. certifying that the work has been completed in substantial conformance with the approved plans end specifications.. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~t~L. ~ree~eT'Direet~r of Development Development Department Name City Manager's Signature City Attome~rk*[aance / Human Resources S:~BULLETFN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. ROi- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE RELEASE OF THE UTILITY AND SITE RESTORATION SURETY (LETTER OF CREDIT NO. 940959) ON FOSTERS MILL PROJECT (A/K/A FOSTER FARM PUD; F/K/A SUMMERS MILL, A PUD) IN THE AMOUNT OF $252,962.60; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the developer ~osted a Letter of Credit (No. the amount of $252,962.90 of this parcel, previously 940959) issued by NationsBank as surety for water and sewer improvements and restoration; and WHEREAS, a final inspection has been conducted on this )reject and it has been determined by staff that the work ~as been completed in substantial conformance with the approved plans and specifications; 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, based upon the recommendation of staff, hereby approves the release of the utility and site restoration surety (Letter of Credit No. 940959) on Fosters Mill Project (a/k/a Foster Farm PUD; f/k/a Summers Mill, a PUD) in the amount of $252,962.60. Section 2. That this Resolution shall become ~ffective immediately upon passage. PASSED AND ADOPTED this ATTEST: City Clerk (Corporaue Seal) __ day of March;, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner DEPARTMENT OF ENGINEERING MEMORANDUM NO. 01-030 TO: THRU: FROM: Quintus Greene Director of Development John A. Guidry Interim Director of Engineering H. David Kelley, Jr., PE/PSM Civil/Utility Engineer DATE: February 8, 2001 SUBJECT: Utility and Site Restoration Surety FOSTERS MILL PROJECT (aka FOSTER FARM PUD) (fka SUMMERS MILL, a PUD) The current consulting engineer for the above noted project, Jeffrey Schnars of Sctmars Engineering Corp., has inquired to this Department and the Utility Department requesting a release of the surety in the total mount. This will be the first (and final) reduction of the original Letter of Credit surety issued by NationsBank, N.A., on this project on October 13, 1998, in the amount of $252,962:60. As a recapitulation, $226,782.60 was for the water and sewage improvements, and $26,180.00 was for the area restoration. Based on the Utilities Department memorandum #00-277, that department has all of the necessary utility documentation on this project, which has passed their final inspection. Based upon this department's field inspection, this department approves the balance of this project's surety for the restoration issues. Therefore, the surety items have been satisfied, and should be returned to the issuer in the amount of $252,962.60. Please have the appropriate resolution prepared for City Commission action. If you have any questions regarding this matter, please contact the sender, in the Engineering Department at ext. 6488. JAG:HDK/ck Xc: Peter Mazzella, Assistant to the Utility Director Dave Kelley, Civil/Utility Engineer Frantz LaFontant, Engineering Inspector File C:Wly DocumentsWosters Mill, Utility & Site Restoration Stu~ty.doc ENGINEERING CORPORATION December 5, 2000 Mr. John Guidw Utilities Director, City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Jeffrey ~ Schnar$, president James V~ Mahanneh, Vice President RE: Fosters Mill, a PUD $chnars Engineering Corporation Proposal No. 97137 Mr. Guidry: Pursuant to discussions with Skip Mylor, please accept this letter request to release the security (letter of credit) on the water and sewer improvements within the referenced project. The final walk-thru bas been completed and the sewer televising has been completed with the necessary corrections. It is our understanding that the security release must be approved by the City Commission; therefore, we request to be placed on the earliest available Commission meeting. Please let me know if you require any additional information. Sincerely, SCI~ G CORP. aui Romanowski, Continental Homes ncq 2 95' Broken Sound Parkway, Suite 108 - Boca Raton. FL 33487 · Tel: (561) 241-6455 · Fax: (561) 24%5182 NafionsBanK ISSUING BANK: NATIONSBANK, N.A. ISSUE DATE: OCTOBER 13, 1998 IRREVOCABLE LETTER OF CREDIT NO. 940959 APPLICANT: D.R. HORTON, INC. 1901 ASCENSION BLVD~ ARLINGTON, TX 76006 BENEFICIARY: CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FL 33435 EXPIRY DATE: SEPTEMBER 18, 1999 AMOUNT: $252,962.60 GENTLEMEN: WE HEREBY OPEN OUR CLEAN IRREVOCABLE LETTER OF CREDIT NO. 940959 IN YOUR FAVOR FOR THE ACCOUNT OF CONTINENTAL HOMES MIAMI AGGREGATE AMOUNT OF TWO HUNDRED FIFTY-TWO THOUSAND NINE HUNDRED SIXTY-TWO AND 60/100 UNITED STATES DOLLARS ($252,962.60) ($226,782.60 FOR WATER AND SEWER IMPROVEMENTS AND $26,180.00 FOR RESTORATION) AVAILABLE BY PAYMENT OF YOUR DRAFT(S) AT SIGHT DRAWN ON OURSELVES WHEN ACCOMPANIED BY THE FOLLOWING DOCUMENT(S); 1. A STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE CITY OF BOYNTON BEACH STATING "THE FUNDS DRAWN UNDER THIS LETTER OF CREDIT ARE NEEDED TO PAY FOR CONSTRUCTION OF WATER AND SEWER IMPROVEMENT AND RESTORATION IN ACCORDANCE WITH THE CITY'S LAND DEVELOPMENT CODE IN CONNECTIO~ WITH THE PROPOSED SUBDIVISION KNOWN AS FOSTERS MILL AND C~NTI~ENTAL HOMES MIAMI HAS FAILED TO COMPLETE THE' WORK STATED"; AND 2. THE ORIGINAL LETTER OF CREDIT AND ANY SUBSEQUENT AMENDMENTS. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ADDITIONAL ONE YEAR PERIODS UNLESS WE NOTIFY YOU IN WRITING AT LEAST SIXTY (60) DAYS PRIOR TO THE CURRENT OR ANY FUTURE EXPIRATION DATE THAT WE ELECT NOT TO EXTEND THIS CREDIT FOR ANY SUCH ADDITIONAL ONE YEAR PERIOD. NOTICE TO THE CITY TF~T THE LETTER OF CREDIT WILL EXPIRE, PRIOR TO THE PERFORMANCE OF THE OBLIGATIONS GUARANTEED BY THIS LETTER OF CREDIT, SHALL BE DEEMED A DEFAULT AND SHALL ENTITLE CITY TO COLLECT ON THIS LETTER OF CREDIT BY pRESENTATION OF SIGHT DRAFT(S) AND A STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE CITY OF BOYNTON BEACH STATING "WE ARE IN RECEIPT OF YOUR NON-RENEWAL NOTICE FOR THIS LETTER OF CREDIT AND THE FUNDS DRAWN UNDER THIS LETTER OF CREDIT ARE NEEDED IRREVOCABLE STANDBY LETTER OF CREDIT NO. 940959, PAGE 1 ORIGINAL NafionsBank TO PAY FOR THE CONSTRUCTION WATER AND SEWER IMPROVEMENT AND RESTORATION IN ACCORDANCE WITH THE CITY'S LAND DEVELOPMENT CODE IN CONNECTION WITH THE PROPOSED SUBDIVISION KNOWN AS FOSTERS MILL AND CONTINENTAL HOMES MIAMI HAS FAILED TO COMPLETE THE WORK STATED." THE LETTER OF CREDIT IS IRREVOCABLE AND SHALL REMAIN ENFORCEABLE UNTIL RELEASED BY A RESOLUTION ADOPTED BY THE CITY COMMISSION OR THE CURRENT OR ANY FUTURE EXPIRY DATE, WHICHEVER IS EARLIER. THIS LETTER OF CREDIT IS ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION INPALM BEACH COUNTY, FLORIDA, AND IS TO BE INTERPRETED BY FLORIDA LAW. EXCEPT SO FAR AS OTHERWISE EXPRESSLY STATED HEREIN THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500 AND IN THE EVENT OF ANY CONFLICT IS TO BE INTERPRETED BY FLORIDA LAW. LITIGATION HEREUNDER, IF NECESSARY, SHALL BE IN A COURT OF COMPETENT JURISDICTION IN PALM BEACH COUNTY, FLORIDA. WE HEREBY ENGAGE WITH YOU THAT EACH DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS CREDIT SHALL BE DULY HONORED IF PRESENTED WITH DOCUMENT(S) AS SPECIFIED AND THE ORIGINAL OF THIS CREDIT, AT OUR OFFICE LOCATED AT 901 MAIN STREET, 9TH FLOOR, DALLAS, TEXAS 75202, ATTN: LETTER OF CREDIT DEPT., ON OR BEFORE THE ABOVE STATED EXPIRY DATE, OR ANY AUTOMATICALLY EXTENDED DATE AS PROVIDED FOR HEREIN. DRAFT(S) DRAWN UNDER THIS CREDIT MUST SPECIFICALLY REFERENCE OUR LETTER OF CREDIT NUMBER. NATIONSBANK, N.A. hIRELLA ~0 LEMAN VICE PRESIDENT FOR ASSISTANCE PLEASE CALL BARBARA TEAGUE AT 214-508-3097 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 940959, PAGE 2 ORIGINAL MEMORANDUM UTILITIES DEPARTMENT NO. 00-277 TO: FROM: DATE: Quintus Greene, Director of Develo~L John A. Guidry, Director of Utilities December 11, 2000 SUBJECT: Fosters Mill, a PUD Please be advised that this department has received all of the necessary documentation on the subject project, and that the water and sewer utilities have passed their final inspection. We therefore have no objection to the full release of surety for this project. It appears that this surety was originally processed through the Dept. of Development, and may include items other than utilities. I am therefore informing your office of our position, so that you may act appropriately on this issue in accordance with the Land Development Regulations. A letter from Jeffrey T. Schnars, requesting a full release, is attached for your use. Please refer any questions on this matter to Peter Mazzella (ext. 6404). Attachment PVM Xc: Peter Mazzella (w/copy of attachment) Skip Milor File Reques~d City Comm~sion Meetina Dates [] November21,2000 [] December5,2000 [] December19,2000 [] January 2,2001 V-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM C.2 AGENDA ITEM REQUEST FO .,v, OIFEB20 , 3:26 Date Final Form Must be Tumed 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 Meefina Dates [] Janua~ 16,200i [] February 6.2001 [] February 20,2001 [] March6,200i 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,rn.) February 21, 2001 (5:00 p.m,) NATURE OF AGENDAITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: That Commission approves Resolution 01- title to: for a Special Warranty Deed conveying Derek and Tracy Wiley for Lot 62, less the West 10', Lot 63, and the West 20' of Lot 64, CHERRY HILLS, as recorded in Plat Book 4, Page 58 of the Public Records of Palm Beach County, Florida. EXPLANATION: Mr, & Mrs. Wiley have been approved for a mortgage as a participant in the City's Infill Construction Program. They have selected a city-owned lot to build a single family dwelling for their family of two (2) to reside in Boynton Beach. PROGRAM 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 fifth (5th) new home constructed in this location within the past year. FISCAL IMPACT: Taxable value added to the City of Boynton Beach of approximately $94,0000.00, less homestead exemption. The vacant lot itself is valued at approximately $9,500~00, but since the municipality owns it, the city currently receives no revenue from it. ERNATIVES: ~.~ ~one. : Depa'rtm~fit Flead s ,~na-~tu. Ee Cit~ Manager's Signature Division of Community Redevelopment Development Department Name City Attorney / Finance / Human Resources RESOLUTION 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 SPECIAL WARRANTY DEED CONVEYING PROPERTY AS PART OF THE CITY'S INFILL CONSTRUCTION PROGRAM TO DEREK WILEY AND TRACY WILEY, HIS WIFE; AND PROVIDING AN EFFECTIVE DATE. WltEREAS, Derek Wiley and Tracy Wiley, his Wife, have been apprOved for a mortgage as participants in the City of Boynton Beach Infill Construction Program; and WltEREAS, Derek Wiley and Tracy Wiley, his Wife have selected a city- owned lot in the Cherry Hills Subdivision and desire 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 VCI-IEREAS, 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 Derek Wiley and Tracy Wiley, his Wife, 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 anthofize and direct the Mayor and City Clerk to execute a Special Warranty Deed conveying certain property in Cherry Hills Subdivision, to Derek Wiley and Tracy Wiley, his Wife, as part of the City's Infill Construction Program. A copy of the Special Warranty Deeds are attached hereto as Exhibit "A". Section 2. passage. Ttds Resolution will become effective immediately upon PASSED AND ADOPTED this day of March, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) THIS INSTRUMENT WAS PREPARED BY: JAMES A. CHEROF, ESQUIRE P.O. Box 310 Boynton Beach, FL 33425 SPECIAL WARRANTY DEED THIS INDENTURE, made this day of March, 2001, between THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, (hereinafter referred to as "Grantor") and DEREK WILEY and TRACY WILEY, his Wife, whose address is Palm Beach County, Florida (hereinafter referred to as "Grantee"). WlTNESETH: 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, has granted, bargained and sold to the Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Palm Beach County, Florida, to wit: Lot 62, Less the West 10', Lot 63, and the West 20' of Lot 64, CHERRY HILLS, as recorded in Plat Book 4, Page 58 of the Public Records of Palm Beach County, Florida. Grantor does hereby warrant title to the land, and will defend the same against the lawful claims of all persons claiming by, through, or under the Grantor, but against none other. GRANTEE covenants that the real property conveyed by this instrument must be used to benefit Iow and moderate income persons and/or families, as those terms are defined by the U.S. DePartment of Housing and Urban Development and Palm Beach County, for a period of twenty (20) years from the date hereof. In the event of a breach Page 1 of this covenant, title shall revert to GRANTOR. IN WITNESS WHEREOF, Grantor has caused this Deed to be executed by its duly authorized officer the day and year first above wdtten. Signed, sealed and delivered in our presence: Witnesses: Signature (Type or print name) Signature (Type or print name) CITY OF BOYNTON BEACH by: Mayor Approved as to Form: City Attorney STATE OF FLORIDA ) ) SS.: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this __ day of December, 1998 by GERALD BROENING as Mayor of THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, on behalf of the corporation, who is personally known to me, and who did not take an oath. My Commission Expires: s:ca\depts\com redevelopment\Wiley Deed NOTARY PUBLIC (Type or print name) Page 2 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 Community Redevelopment PREPARED BY: Octavia S. Sherrod DATE PREPARED: February 1, 2001 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: - (OdginatFt-) t (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: NOTICE OF INTENT TO SELL REAL PROPERTY NOTICE IS HEREBY GIVEN, that the City of Boynton Beach, Florida has determined to sell the following described property: Lot 62, less the West 10 feet, Lot 63 and the West 20 feet of Lot 64, CHERRY HILLS, as recorded in Plat Book 4, Page 58 of the Public Records of Palm Beach County, Flodda. The sale of property is for public purpose pursuant to an agreement entered into between the City of Boynton Beach and Derek and Tracy Wiley. Further information, as is available, may be obtained from the Division of Community 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 proposed sale at their regular City Commission meeting Mamh 6~, 2001 at 6:30 p.m. in Commission Chambers, City Hall. Contact the Division of Community Redevelopment at 742-6066. Requested City Commission Meetine Dates [] November 21. 2000 [] December 5, 2000 [] December 19, 2000 [] Janua~ 2, 2001 V-CONSENT AGENDA TTEM C.3. CITY OF BOYNTON BEA~ AGENDA ITEM REQUEST FORt,~ ....... OIFEB20 ?H3:26 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 Date~ [] January 16,2001 [] February 6, 200I [] 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.) NATURE OF AGENDA ITEM [] Adrainistrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation RECOMMENDATION: Approve a resolution for the releaSe of surety refunds on the Home Depot Expo Design Center #3609 ($117,954.65 in Letters of Credit and $13,176.13 th caSh surety). EXPLANATION: The project is complete and the City haS received the Engineer of Record's certification. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Quintus L.~O~eane, Drrector o~Development Depamnent of Development Department Name C{ty Manager's Signature City AttoOd63~ / Finance / Human Resources S:\BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF THE SURETY (LETTER OF CREDIT NO. S-117968 IN THE AMOUNT OF $8,415; LETTER OF CREDIT NO. 2-117971 IN THE AMOUNT OF $109,539.65; AND CASH SURETY IN THE AMOUNT OF $13,176.13) FOR HOME DEPOT EXPO DESIGN CENTER #3609; AND PROVDING AN EFFECTIVE DATE. WHEREAS, City staff has recommended the release of all remaining surety for the project known as Home DepOt Expo Design Center, #3609, and has determined that the ~roject is complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF FHE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, based upon the recommendation of staff, hereby approves a full release of the surety for Home Depot Expo, #3609, in the mount of $131,130.65 (Letter of Credit No. S-I17968 in the mount of $8,415; Letter of Credit No. 2-117971 in the amount of $109,539.65; and cash surety in the amount of $13,176.13. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of March, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commis~oner Commissioner ATTEST: CityCle~ (Corporate Seal) DEPARTMENT OF ENGINEERING Me 0 UM NO. 01-033 TO: THRU: FROM: Quintus Greene Director of Development Interim Director of Engineering_ H. David Kelley, Jr., PE/PSM f~ Civil/Utility Engineer DATE: Febmaryl3,2001 SUBJECT: Utility, Site Restoration and Roadway Construction Surety Letters of Credit HOME DEPOT EXPO DESIGN CENTER #3609 The corporate office of Home Depot in Atlanta, Georgia has inquired about the release of their numerous Letters of Credit on the above noted project. In researching our department file, the following recapitulation is submitted: LetterofCredit#S-117968 Dated: March 11, 1998 Amount: $8,415.00 First Union National Bank Amended: Dated: March 23, 1998 For: Restoration of existing curbing, asphalt overlay and maintenance of traffic in connection with the Expo Center excavation and fill work. City Accepted by Resolution #R98-66 Dated: April 7, 1998 Letter of Credit #S-117969 Dated: March 11, 1998 First Union National Bank For: Completion of water distribution system. Amount: $54,498.35 City Accepted by Resolution #R-98-67 Dated: April 7, 1998 Letter of Credit #S-117971 Dated: April 1, 1998 First Union National Bank For: Construction of Purple Heart Way. Amount: $109,539.65 City Accepted by Resolution #R98-74 Dated: April 7, 1998 Home Depot Check #1831476 Dated: April 7, 1998 Amount: $13,176.13 Wachovia Bank of Georgia For: Extend Purple Heart Way an additional 75 feet to end of property line. City Accepted by: Dated: Engineering Department Memorandum No. 01-033 Re: Home Depot Expo Design Center - Release of Surety February 14, 2001 Page Two In regards to #2 above, the Utilities Department has received the final bill of sale, and easement for the water main location, pursuant to their letter dated January 4, 1999. This item is currently on the City Commission Agenda for the February 20th meeting for the release of their surety. The design consultant for the above noted project, Caulfield & Wheeler, inc. has submitted their certification that both the design center and Purple Heart Way have been construction in substantial conformance with the approved plans and specifications. They have requested the final release of the bonding pursuant to their letter of January 12, 1999. Their request apparently was sidetracked due to this department forming and relocating. Based upon o~ur file review, this Department approves the request for surety refund, specifically items numbers 1, ~ & 4 above for the above noted project. This amounts to $117,954.65 in letter of credits [$8,415.00 + $109,539.65], and $13,176.13 in a cash surety refund. Please have the appropriate resolution prepared for City Commission action. If you have any questions regarding this matter, please contact the sender, in the Engineering Department at ext. 6488. JAG:HDK/ck Xc: Peter Mazzella, Assistant to the Utility Director Dave Kelley, Civil/Utility Engineer Frantz LaFontant, Engineering Inspector File C:LMy Documentsg-Iome Depot SureUy Release(3), Memo to Q Oreene.doc V-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.4. AGENDA ITEM REQUEST FOK.~ Requested City Commission Date Final Form Must be T~ed in to City Clerk's Office Meeting Dates [] November 21, 2000 [] December 5, 2000 [] December 19, 2000 [] January 2, 2001 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 [] Febmm-y 6, 2001 [] Febroary 20, 200 l [] March 6, 2001 Ol F£~20 p~ 3:26 Date Final Form Must be Turned in to City Clerk's Office Janua~ 3, 2001 (5:00 p.m.) Jauuary 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21,200l (5:00 p.m.) NATURE OF AGENDA fl'EM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids , [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION:: Approve resolution releasing the remaining surety on the Hills ofLake Eden subdivision ($19,350.00), the approval of the subdivision, the acceptance of the dedications and the maintenance responsibilities of those improvements dedicated to the City. EXPLANATION: The project is complete and the City has received the Engineer of Record's certification and required Utility and Engineering Department approvals. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Quinti~t~E. i3re~e, Development Director Department of Development Department Name City Manager's Signature City Attomc~'/"~fla~lnce / Human Resources S:~BULLETINWORMSLa. GENDA ['rEM REQUEST FORM.DOC RESOLUTION NO. R 01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF THE SURETY (LETTER OF CREDIT SPL35743) FOR HILLS OF LAKE EDEN SUBDIVISION IN THE AMOUNT OF $19,350; APPROVAL OF THE SUBDIVISION, ACCEPTANCE OF THE DEDICATIONS, AND THE MAINTENANCE RESPONSIBILITIES OF THOSE IMPROVEMENTS DEDICATED TO THE CITY OF BOYNTON BEACH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the project is complete and the City has received the Engineer of [~ecord's certification, and Utility Department approval for Hills of Lake Eden SUbdivision; and NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, based apon the recommendation of staff, hereby approves a full release of the surety for Hills of Lake Eden, in the mount of $19,350.00, approves the Subdivision, and accepts the fledications and the maintenance responsibilities of those improvements dedicated to the City. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of March, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner kTTEST: City Clerk (Corporate Seal) DEPARTMENT OF ENGINEERING NO. 01-034 TO: THRU: FROM: Quintus Greene Director of Development John A. Guidry Interim Director of Engineering H. David Kelley, Jr., PE/PSM Civil/Utility Engineer DATE: February 15, 2001 SUBJECT: Utility, Roadway Construction and Site Restoration Surety Letter of Credit No. SPL35743 HILLS OF LAKE EDEN SUBDIVISION The current consulting engineer of record for the above noted project, Kenneth H. Kruger, PE, has requested the final release of surety for this project in his letter of January 22, 2001 (copy attached). This will be the second (and final) reduction of the original Letter of Credit surety issued by the Harris Trust and Savings Bank, of Chicago, Illinois, for this project on March 3, 1997, in the mount of $251,785.00. The City Commission reduced the surety mount to $19,350.00 in their Resolution No. R99-103 dated August 17, 1999, and the Harris Trust in their amended letter dated February 7, 2000, noting the current expiry date of February 24, 2001 confirmed this. Based on the Utilities Department memorandum #00-269, that department has all of the necessary utility documentation on this project, which has passed their final inspection. Based upon tiffs department's field inspections, this department approved the balance of this project's surety for the restoration issues. Therefore, the surety items have been satisfied, and the balance should be returned to the issuer in the amount of $19,350.00. Please have the appropriate resolution prepared for City Commission action. If you have any questions regarding this matter, please contact the sender, in the Engineering Department at ext. 6488. JAG:HDKIck Xc~ Peter Mazzetla, Assistant to the Utility Director Dave Kelley, Civil/Utility Engineer Frantz LaFontant, Engineering Inspector File C:LMy DocumentsXHills of Lake Eden Release of LOC.doc From: Ken K,*r~ger 561-434-4061 To: Dave KeJ[e~ Date: 1/22/01 T~rne: 12:37:38 A~ KENNETH H. KRUGER, P.E, 5792 RED REEF STREET SUITE LAKE ~/ORTH, FLORIDA 3;~67 Page 2 of 2 January 22.2001 Mr. Dave Kelley, P.E. Department of Development. Engineering Division City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Re: Hills @ Lake Eden Final Surety Bond ReleaseCertificatio~ of Completion Dear Mr. LaFontant: All Water & Sewer and Paving & Drainage improvements have been installed on the subject project, and we have had successful Final Inspections with the appropriate City staff. Our client, Kennedy Homes respectfully requests that the city release in full the remaining Surety Bond for the subject project. Please let our office know the date when we can expect that the Surety Bond will be returned. If there should be anyquestions, oryou should need any additional information, please do not hesitate to contact this office. Very truly yours Kenneth H. r, P.E. Florida Registration No. 18214 c: Mr. Frank Spirato, Kennedy Homes ymb/KHK Requested Ciiy Commission Meeting Dates [] November 21, 2000 [] December 5, 2000 [] December 19, 2000 [] Jmaua~y 2, 2001 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST F(. Date Final Form Must be Turned in to City Clerk's Office November 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) Requested City Commission Meeting Dates [] January 16,2001 [] February 6, 2001 [] February 20, 2001 [] March 6, 2001 V-CONSENT AGENDA ITEM C.5. Date Final Form Must be Turned in to City Clerk's Office January 3, 2001 (5:00 p.m.) Januai3, 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21, 2001 (5:00 p.m.) H NATURE OF AGENDA ITEM [] Administrative [] DevelopmemPlans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION:: Approve resolution releasing the surety on WAL-MART Supementer #2789-00 ($201,888.50). EXPLANATION: The project is complete and the City has received the Engineer of Record's certification, the "As-Built" drawings and required Utility and Engineering Department approvals. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Department of Development Department Name C-ify Manager's Signature City Attomey~ ~?inaTnce / Human Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 0l- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF THE SURETY (LETTER OF CREDIT 3024021 ) FOR WAL'MART IN THE AMOUNT OF $201,888.50; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the project is complete and the City has received the Engineer of Record's certification, the "As-Built" drawings and Utility Department approval for Wal'Mart; NOW, THEREFORE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boymon Beach, Florida, based upon the recommendation of staff, hereby approves a full release of the surety (Letter of Credit No. 3024021) for Wal'Mart, in the amount of/;201,888.50, Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of March, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commassioner ATTEST: City Clerk (Corporate Seal) DEPARTMENT OF ENGINEERING ~MO~uM NO. 01-035 TO: FROM: Quintus Greene Director of Developmem John A. Guidry Interim Director of Engineering Kelley, Jr., PE/PSM H. David Civil/Utility Engineer DATE: February 16, 2001 SUBJECT: Excavation and Site Restoration Surety WAL-MART SUPERCENTER #2789-00 Letter of Credit No. 3024021 Bank of America, N.A. The current consulting engineer for the above noted project, Kimley-Hom and Associates, Inc., of Vero Beach, FL., has requested the release of surety for this project in their letter of January 29, 2001 (copy attached). This will be the first (and f'mM) reduction of the original Letter of Credit surety issued by Bank of Americ% N.A., on this project on March 14, 2000, in the mount of $201,888.50. The consultant has submitted their "as-built" drawings to this department for final acceptance of the site improvements. This department is satisfied with their submittal, therefore the surety items have been satisfied and it should be returned to the issuer in the above stated amount. Please have the appropriate resolution prepared for City Commission action. If you have any questions regarding this matter, please contact the sender, in the Engineering Departmem at ext. 6488. JAG:HDK/ck Xc: Peter Mazzella, Assistant to the Utility Director Dave Kelley, Civil/Utility Engineer Frantz LaFontant, Engineering Inspector File C:WIy Documents\Wal-Mart Supercenter, Release of Surety.dec Kimley-Horn anc Associates. Inc. Sanuary29,2001 Dave Kelly, PE Via Fedex Second Day 561/742-6283 City of Boynton Beach [00 E. Boynton Beach Blvd Boynton Beach, FL 33425 Re: Wal-Mart Supercenter #2789-00 New SC Old Boynton and Winchester Park Blvd Excavation and Fill Surety Release Letter of Credit #3024021 ($201,888.50) Mr. Kelly, Enclosed, find two copies certified pond as-built record drawings for the above site. Upon satisfactory review of these drawings, we request that the above Letter of Credit be released through Village Council, as City Ordinance dictates. Please call~e any questions. / / Cc: Kevin Roberson (KHA) 3uita 400 601 21at Street Veto Beach. Florida 32960 · TEL 561 562 7981 FAX 561 562 9689 Requested City Commission Meeting Dates [] November 21, 2000 [] December 5, 2000 [] December 19, 2000 [] Janumy 2, 2001 V'CONSENT AGENDA CITY OF B NTON BEACH ITEM C.6. AGENDA ITEM REQUEST FOI, ,_ Date Final Form Must be Turned in t~ City Clerk's Office November 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) Requested City Commission Meetine Dates [] January 16,2001 [] February 6, 2001 [] February 20, 2001 [] March 6, 2001 Date Final Form Must be Turned in to CRv Clerk's Office Janua~ 3, 2001 (5:00 p.m.) January 17,2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) Februa~ 21, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve and execute by Resolution Task Order #01-01 in the amount of $72,076.00 with Metcalf & Eddy for engineering services related to NE 12th Avenue, drainage improvement and seawall replacement. EXPLANATION: This Task Order is for design, permit, bid and construction management services to replace the existing 50 year old seawall that has failed because of hydraulic loading from stormwater. Also included in this Task Order are stormwater improvements on NE 12t~ Avenue to minimize the effect of stormwater runoff to the seawall and the general area of NE 12th Avenue. There is also a section of seawall that is on private property within the Mariners Way community that has failed. We have acquired an independent engineering report from Structural Design & Inspection, Inc. that has determined that the failure of the private wall was not caused by the failure of the public wall. A copy of that report was forwarded to the Mariner's Way Homeowners Association for their review. In an effort to lower the cost of reeoastruetion, the Utility Department offered, through the City Attorney, a joint venture to reconstruct both walls. That offer was reviewed by the Homeowners Association of Mariner's Way and was rejected. The Association believes that it can mitigate its damages more effectively by utilizing a third party contractor and plans to do so. PROGRAM IMPACT: The seawall replacement is not part of our planned program but must be addressed to protect the public right-of-way from potential erosion during future storm incidents. The drainage improvement phase of this project will allow for better stormwater management within the 12a Avenue right-of-way. FISCAL IMPACT: This is a non-budgeted project that can be funded from Utilities General Reserves, account g403- 5000-590-96.07, STM014. Estimated construction cost is approximately $.300,000.00 plus the above engineering cost. S:kBU LLETINWORMSL&GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: If we do nothing, we risk complete failure (cave in) of the wall with potential right-of-way and private property damage. Utilities Department Name Xc: Mark Law Barb Conboy Dale Sugerman John Guidry City Attorney ~ty ~anager's Signature City Attorney / Finance / Human Resources S 5BULLETINWORMSXAOENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ACCEPTING A FEE PROPOSAL AND SCOPE OF SERVICES BY METCALF & EDDY, INC., FOR ENGINEERING SERVICES FOR THE N.E. 12TM AVENUE DRAINAGE IMPROVEMENTS AND SEAWALL REPLACEMENT, IN THE AMOUNT OF $72,076.00.00; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE PROPOSAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this task order is for design, permit, bid and construction management services to replace the existing 50 year old seawall that has failed because of hydraulic loading from stormwater; and WHEREAS, the City Commission of the City of Boynton, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve and execute Task Order # 01-01 in the amount of $27;,076.00 with Metcalf Eddy, Inc,. for engineering services related to NE 12~ Avenue, drainage improvement and seawall replacement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and accept a fee proposal and scope of services by Metcalf & Eddy, Inc., for engineering services for the N.E. 12th avenue drainage improvements and seawall replacement, in the amount of $72,076.00, (Task Order No. 01-01) which proposal is attached hereto as composite Exhibit "A". Section 3. passage. PASSED AND ADOPTED this That this Resolution shall become effective immediately upon __ day of March, 2001. CITY OF BOYN'I'ON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk ) Metcalf & Eddy February 7, 2000 Mr. Mark G. Law Deputy Utility Director City of Boynton Beach 124 East Woolbright Road Boynton Beach, FL 33435 3740 Executive Way Miramar, FL 33025 Tel: 954-450-7770 Fax: 954-450-5100 Re: NE 12th Avenue Drainage Improvements and Seawall Replacement Agreement R00-137 Task Order #01-01 Dear Mr~ Law: Metcalf & Eddy, Inc is please to present the above referenced fee proposal The proposal was prepared in accordance with the terms and conditions of our contract with the City of Boynton Beach. Please contact me with any questions or comments at 954-450-5114. We look forward in working with the City on this important assignment. Sincerely, METCALF & EDDY, INC. Enclosure: Fee Proposal CCZ Mark Blanchard - M&E Jay Ameno - M&E Jim Penkosky - M&E p:;englboyntonbeach ~eawall/ml010207.doc TASK ORDER g01-01 February 7, 2000 FEE PROPOSAL AND SCOPE OF SERVICES CITY OF BOYNTON BEACH NE 12m AVENUE DRAINAGE IMPROVEMENTS AND SEAWALL REPLACEMENT Background It is the general intent of this scope of services to provide planning, designing, permitting, bidding, and construction management services associated with design and construction of a stormwater management system and seawall replacement that is proposed for NE 12~ Avenue. The following was provided by the City to M&E to facilitate this proposal: Structural Design & Inspections, Inc., "Structural Engineering Report Concerning Mariner's Way Seawall and the N.E. 12ta Avenue Seal Wall", dated July 21, 2000. City of Boynton Beach Utilities Department, "N.E. 12t~ Avenue Plan & Profile", dated April, 2000. The SDI report described the NE 12~ Avenue seawall as: · "bowed considerably" · "the seawall cap is fractured in numerous locations along its entire length", and · "the soil on the landward side of the seawall has been displaced". The report further classified both seawalls as "failed". This failure was attributed to: · "excessive lateral loads placed on the landward side of the NE 12~ Avenue seawall" caused by "a direct result of saturated soil pressure and hydrostatic pressure from groundwater and surface runoff accumulation behind the wall", and · "deteriorated steel anchor rods" and "seawall cap reinforcing steel (deterioration)" with respect to the Mariner's seawall. Hence, this fee proposal and scope of work addresses the replacement of the NE 12~ Avenue seawall (hereinafter referred to as "seawall A") and drainage improvements aimed at minimizing the effect of runoff on the subject seawall. The Mariner's Way seawall (hereinafter referred to as "seawall B") located to the north is not part of the · scope of work outlined in this proposal. The attached Figure depicts the location of each seawall. SCOPE OF SERVICES 1.0 Project Management 1.1 Mana£ement Project Management activities comprise contract administration, coordination of project staff, monitoring of progress and project costs. 1.2 Owner Liaison M&E will attend up to fourteen (14) meetings with representatives of the City for seawall A during the project as follows: a. Conceptual design review meeting, b. Final design review meeting, c. Prebid Conference, d. Bid opening, e. Preconstruction meeting, f. Weekly construction meetings, and g. Project closeout. 2.0 Engineering Design 2.1 Data Collection and Field Investigation M&E will perform the following activities: a. Data Collection and Review of Existing Documents: Inspection and/or failure investigation reports · Regional and local geologic information · Design or record drawings of buried and overhead utilities and nearby structures Property and easement records · Existing topographic maps · Design storm information b. Field Investigation and Survey Services (seawall A) · Two 3.5 inch diameter cased borings, SPT at 5 ft intervals. Depth equal to at least 3 times the free-standing height of the seawall or 10 ft. into bedrock, whichever is less. Measure groundwater level in each boring at the end of drilling. Record water level in the channel at the same time. 2 2.2 · Allowance for two 3" thin-walled tube soil samples in the event that cohesive softs are encountered · Field supervision by M&E geotechrdcal engineer · Allowance of $3000 for laboratory tests on soil samples (gra/n size distribution, Atterberg limits, natural moisture content, consolidation and shear strength tests) · Geotechnical Data Report will describe the work performed and include boring logs and laboratory test results · Surveying services to generate a 1'=10' scale topographic map of the seawall area (both in CADD and a reproducible copy), including the location and elevation of the borings. · Percolation testing will not be necessary. Conceptual Desi~,n Report M&E will prepare a conceptual design report (CDR) which will consist of the following design elements: a. Drainage Improvements. M&E will develop stormwater calculations to estimate the volume of runoff along NE 12a Avenue east of US 1, within the right-of-way. A-conceptual stormwater management design will be presented along with necessary pretreatment structures (i.e. particle separator) for seawall A. b. Seawall Replacement. An evaluation of up to three alternatives (seawall type) will be presented based on soil investigations. The alternatives wilt be evaluated based on foundation considerations, technical feasibility, and spatial constraints. c. Hydrostatic Pressure Mitigation. A plan for reducing the effect of saturated soil runoff accumulation and hydrostatic pressure on the refurbished seawall will be presented for seawall A. d. Schedule Constraints: The CDR will report on schedule constraints such as site access, equipment and material staging, etc. Upon incorporation of comments from the CDR review meeting, a final report will be issued. This report will be used as the basis for Final Design. 2.2.1 Rough-Order-Magnitude Cost (ROM) A ROM for seawall A is as follows: · Seawall A - Design, Bid Phase, Construction Management Services $72,000; Construction $300,000 2.3 Final Design M&E will prepare Contract Documents for the project. Drawings and Specifications in CSI format will comprise the Contract Documents. A total of three drawings consisting of: C-1 Site Plan C-2 Sections and Details is expected to comprise the design drawings. Specifically: Civil Design. Civil design consists of stormwater management (paving, grading and drainage). Drawings and specifications for the civil work will be prepared. Geotechnical Design. Geotechnical design consists of recommendation of allowable bearing capacity, later soil pressures, and pile capacities as applicable for the selected seawall alternative. Drawings and specifications for the geetechnical work will be prepared. Structural Design. Structural design consists of seawall design and development of calculations for the alternative selected. Specifications for the structural work will be prepared. Project Manuals containing applicable contract documents, general conditions, technical specifications, and standard details will be prepared, modified to suit the project. M&E will use standard City of Boynton Beach contract documents and general conditions (Division 0). It is assumed that replacement of the wood deck walkway for the seawall or boat slips is not included in the design. Drawings and specifications will be issued to the City at the 90 and 100 percent completion levels. 2.4 Construction Cost Estimate An estimate of probable cost of construction will be prepared at the 90% completion level. 2.5 Deliverables The following deliverables/copies will be provided to the City: 1. Three (3) copies of the Draft CDR; 2. Three (3) copies of the Final CDR; 3.0 3. Three (3) copies of the estimate of probable cost for each seawall; 4. Three (3) copies of the 90% Contract Documents; 5. Three (3) signed and seal copies of the Contract Drawings; 6. Three (3)copies of the Project Manuals; 7. Two (2) sets of half prints; and 8. One (1) disk copy of the Contract Drawings. Permitting M&E will prepare and submit permit applications for the stormwater management system. It is assumed that all permit fees will be paid by the City. The anticipated permits for seawall A are as follows: Palm Beach County Department of Environmental Resource Management (DERM), and/or Florida Department of Environmental Protection (FDEP) for seawall construction in a waterway. South Florida Water Management District for stormwater discharge to a waterway from a road. 4.0 Bidding Services In this phase, M&E will provide engineering services during the bidding and award of the project for one bid package. The following tasks are anticipated: 4. 5. 6. 7. 8. Bid advextisement to be posted by the City. Issue project manuals to two plan review rooms (in addition to the deliverables in 2.5). Charge for and distribute project manuals. Develop and issue one Addendum if required. Conduct a pre-bid conference. Respond to prospective bidders' written inquiries. Assist the City in evaluation of bids. Make recommendations to City regarding award of bid. 5.0 Construction Management Services M&E will provide construction management services for the duration of the project through Final Completion. Engineering services will also be provided to the extent necessary. Services are described as follows: 5.1 Preconstruction Meeting M&E will conduct the preconstruction meeting between the City and the Contractor to assist in explaining construction administration procedures. 5 5.2 Technical Services During this phase, M&E shall: 1. Employ a Resident Project Representative (RPR) to be on site. This proposal includes funding of a R.PR for a maximum of 40 hours per week during the duration of construction. However, the RPR's on site schedule will be as agreed by the City. The duties to be performed by the RPR shall include, but not be limited to: observation of construction activities, · review of workmanship, · monitoring the progress of construction and compliance with the intent of design, and · maintaining one set of marked construction drawings reflecting field changes to aid in the preparation of record drawings, · maintain logs of construction activity, · develop weekly repons, · attend weekly/monthly meetings with contractor, · review pay estimates, review record drawings, · review and assist in negotiating change orders, and · assist the Engineer in addressing RFI's. 2. Provide a civil and structural inspector that will observe the civil/structural work as needed. 3. Issue interpretations of the plans and specLfications to the Contractor. 4. M&E will provide technical assistance regarding the construction progress and conformance of the work to the design intent, attend weekly job meetings with the City and Contractor's representatives, and provide periodic site visits by various design disciplines outlined above. 5.3 Contractor Submittals M&E's review of required Contractor submittals will consist of the following activities: 1. Review up to four (4) sets of shop drawings submitted by the Contractor to determine general conformance to the design concept and the project manual. 2. Review up to two (2) equipment and/or materials submitted by the Contractor as substitutions to those specified in the project manual. 3. Review one (1) manufacturers' operations and maintenance manuals submitted by the Contractor. 6 4. Review Contractor pay requests on a monthly basis. Two (2) ~"~ requests are estimated. '~ ..... 5.4 Contractor Request for Information M&E will respond to up to six (6) requests for information (RFI) by the Contractor. M&E will prepare up to one (1) supplementary drawing, as required to clarify actual field conditions encountered. 5.5 Pmp0sed change Orders M&E will review up to two (2) change orders submitted by the Contractor. Review will address conformance to original design concepts and cost-effectiveness. M&E will evaluate requested price changes and time extensions for proposed change orders and make recommendations to the City in writing. 5.6 Final Inspection Key members of M&E's design team will conduct a fmal inspection for the work with the City's representatives and provide recommendations to the City for acceptance of the work. M&E wilt prepare a final inspection letter on both seawalls. 5.7 Record Drawings/Final Certification M&E will prepare record drawings using: · design drawings as the basis, and · information provided by the Contractor. Record drawings will be based on information supplied by the Contractor. M&E shall furnish this information to the City in AutoCAD format along with two (2) sets of blue line prints, two (2) sets of haft prints, and one (1) set of mylars. Project certifications will be submitted to appropriate agencies, as part of their conditions of permit. Basis of Estimate 6.0 1. The Mariner's Way seawall (hereinafter referred to as "seawall B") located to the north is not part of the scope of work. 2. The City will provide Front End Documents (Division 0) to M&E in Word 97. 3. The fees presented are based on a batter pile type seawall. A maximum 12-foot high seawall is assumed to be the design wall height. M&E will be providing 6. 7. 8, 10. design parameters and specifications on the seawall. The seawall will be designed by the manufacturer. It is assumed that replacement of the wood deck walkway for the seawall or boat slips is not included in the design. An allowance of $3,000 has been allocated for laboratory soil testing. Field percolation data determination is not included in this scope. All permit fees will be paid by the City. The schedule assumes timely reviews by the City (10 days after receipt) and the use of precast retaining walls for the construction time frame. The resident engineering budget is based on the time frame for a contractor to perform the work. The time frame will be a four week delayed construction period from Notice to Proceed for building permits and shop drawing evaluation. All equipment shall be available on site. prior to beginning construction. Actual construction period will be 5 weeks to substantial completion. Final completion will be two weeks later. The total construction period is 8 weeks. Work hours for the contractor will be 40 hours per week, Monday through Friday. Additional hours worked (evenings or weekends) requiring presence of the Resident Project Representative (RPR) will be compensated with overtime rotes. Compensation for engineering work in this proposal will be based on a time and materials method of payment for all phases as described in Appendix B, Section 6a of the General Agreement. PROJECT SCHEDULE Schedule Time Elapsed Notice to Proceed Task 1 - Project Management Task 2 - Engineering Design Field Investigation Conceptual Design Report Final Design Permitting (FDEP/SFWMD) Task 3 - Bidding (to Contractor NTP) Task 4 - Construction Management Construction Permits in hand Construction (to Substantial Completion) Final Completion Record Drawings 0 weeks Continuous 3 weeks 6 weeks 9 weeks 14 weeks 22 weeks 26 weeks 31 weeks 33 weeks 44 weeks COMPENSATION M&E proposes to perform the above tasks for a time and materials rote amount of $72,076. Cost estimates are attached to present a breakdown of fees and hours per task and is included as Attachments A through E. The cost estimates axe summarized below. Labor ODCs Total Task 1 - Project Management and Meetings $9,656 $ 151 $9,807 Task 2 - Predesign 13,818 3,946 17,764 - Final Design 8,458 280 8,738 Task 3 - Permitting 3,664 45 3,709 Task 4 - Bid Services 2,030 0 2,030 Task 5 - RPR 18,956 298 19,254 - Engineering Services 10,571 203 10,774 Totals $67,153 $4,923 $72,076 APPROVED BY CITY OF BOYNTON BEACH, FLORIDA BY: Mayor Date: Approved as to Form: City Attorney sUBMI'rrI~D BY Metcalf..&--~dy, Inc, __ ~ // ~Robeno S.' Ortiz, Vice President 10 EL. O N~IL AWAY 7.00 COVE" $IGNAGE I DENSE ,A EXIST. 8" VCP E)EST. WOOD DECK WALKW~ ADIACENT TO BULKHEAD WATER +1.7 (25') STA. 4+80.18 EN~ EXISTIN ~'X/ST. 3 FT CONC. CAP. BULKHEAD -- "MARINER'S VIt,IAGE" SIGNAGE LAKE WORTH MARI5 P.B. 33, PG. (REC. 06/2 I CITY OF BO'~ITON BEACH Me, calf & Eddy scA,E:~.T.s. 1,2-~2-oo I~ IF'cu~ I I ATTACHMENT COST ESTIMATE OZ LU Z UJ Z -~-~ ~Z I~LIJ o.~ Z uJ Requested City Commission Meeting Dates [] November 21, 2000 [] December 5, 2000 [] December 19, 2000 [] January 2, 2001 CITY OFBOYNTON BEACH V-CONSENT AGENDA AGENDA ITEM REQUEST FOIl ITEM C.7. Date Final Form Must be Turned in to City Clerk's Office November 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p~m.) December 20, 2000 (5:00 p.m.) Requested City Commission Meeting Dates [] Jalluary 16,2001 [] Febmary 6, 2001 [] Febma~ 20, 200t [] 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.) Febraary 7, 200I (5:00 p.m.) February 21, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve reduction in surety for the project known as Wal-Mart Supercenter, from the original amount of $305,330.30 down to $15,260. EXPLANATION: Wal-Mart had previously placed surety with the City of Boynton Beach in the form of a Letter of Credit no. 3029736 from Bank of America, as a guarantee that the water and sewer systems serving their new facility would be completed and transferred to City ownership. Those systems have been satisfactorily completed, and given to the City. 5% of the original surety will be retained for the balance of the one-year warranty period. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERN~he City's code D~partment Head's Signature UTILITIES Deparmqent Name allows for a reduction in sur~ances. ' Ci~ Manager's Signature ~/ City Atto~(~y'~FinfihCe / Haman Resources XC: Peter Mazzella (w/attachment) City Attorney Finance Dept. File S :kBULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. RC1- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A REDUCTION IN THE LETTER OF CREDIT ISSUED BY BANI< OF A/~ERICA(NO. 3029736) FOR THE PROJECT KNOWN AS WAL'MART FROM $305,330.30 TO S15,260; AND PROVIDING AN EFFECTIVE DATE. W~EREAS, the developer of this parcel, previously ~ubmitted a Letter of Credit in the amount of S305.330.30 as sureuy uo guarantee completion of water and sewer systems serving this site; and WHEREAS, a final inspection has been conducted on this project and the system appears to be functioning properly without any defects; 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, based upon the recommendation of staff, hereby approves a reduction of a Letter of Credit (No. 3029736) from $305,330.30 to $15,260:00. Section 2.. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED ATTEST: City Clerk (Corporate Seal) this day of March;, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner 8ankofAmerica DATE: OCTOBER 10, 2000 AMENDMENT TO IRREVOCABLE STAi~DBy CREDIT NUMBER: 3029736 AMENDMENT NUMBER 1 PAGE: BENEFICIARY CITY OF BOYNTON BEACH UTILITIES DEPARTMENT 5469 W. BOYNTON BEACH BL~D. BOYNTON BEACH, FL 33437 ATTN: PETER MAZZELLA APPLICANT WAL-MART STORES, INC. 702 SOUTHWEST 8TH STREET BENTONVILLE, AR 72716 THIS AMENDMENT IS TO BE CONSIDERED AM INTEGRAL PART OF THE ABOVE CREDIT AND MUST BE ATTACHED THERETO. THE ABOVE MENTIONED CREDIT IS AMENDED AS FOLLOWS: W~ERE IT READS "IRREVOCABLE LETTER OF CREDIT NO. 3029736" NOW TO READ "CLEAi~ IRREVOCABLE LETTER OF CREDIT NO. 3029736". ALL OTHER TERMS ~ CONDITIONS REMAIN UNCF~ANGED. IF YOU REQUIRE ANY ASSISTANCE OR }{AVE ANY QUESTIONS REGARDING THIS AMENDMENT, PLEASE CALL 213-345-6630. .............. ................. AUT~RIZED SIGNATURE /AUTHORIZED SIGNATL~RB THIS DOCUMENT CONSISTS OF 1 PAGE(S). ORIGINAL Bani Of AmeriCa ISSUING BANK: BANK OF AMERICA, N.A. 333 S. BEAUDRY AVENUE t9TH FLOOR, CA9-703-19-23 LOS ANGELES, CA 90017-1466 ISSUE DATE: SEPTEMBER 26, 2000 IRREVOCABLE LETTER OF CREDIT No. 3029736 APPLICANT: WAL-MART STORES, INC. 702 SOUTHWEST 8~H STREET BENTONVILLE, AR 72716 BENEFICIARY: CITY OF BOYNTON BEACH UTILITIES DEPARTMENT 5469 W. BOYNTON BEACH BLVD. BOYNTON BEACH, FL 33437 ATTENTION: PETER MAZZELLA TELEPHONE NO.:(561) 742-6404 B(~ TI N BEACH-~*J UTII. II'IES AMOUNT: U.S. $305,330.30 THREE HUNDRED FIVE THOUSAND THREE HUNDRED THIRTY AND 30/100 USD EXPIRY DATE: SEPTEMBER 26, 2001 GENTLEMEN: WE HEREBY ESTABLISH OUR IRREVOCABLE LETTER OF CREDIT NO. 3029736 IN YOUR FAVOR, AS ~ BENEFICIARY, BY ORDER AND FOR ACCOUNT OF WAL~%-RT STORES, INC., 702 SOUTHWEST 8TH STREET, BENTONVILLE, AR 72716 UR TO THE AGGREGATE SUM OF THREE HUNDRED FIVE THOUSAND THREE HUNDRED THIRTY AND 30/100 USD, (U.S. 305,330.30) EXPIRING ON SEPTEMBER 26, 2001, AT THE COUNTERS OF BANK OF AMERICA, N.A., 333 S. BEAUDRY AVENUE, 19TH FLOOR, LOS ANGELES, CA 90017-1466, AVAILABLE BY PAYMENT AGAINST YOUR DRAFT(S) DRAWN ON US AT SIGHT ACCOMPANIED BY: 1. A NOTARIZED STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED OFFICIAL OF THE CITY OF BOYNTON BEACH UTILITY DEPARTMENT, STATING THAT: THE FUNDS DRAWN UNDER LETTER OF CREDIT NO. 3029736 ISSUED BY BANK OF AMERICA, N.A. ARE DUE BY REASON OF WAL-MART'S FAILURE TO COMPLETE THE CONSTRUCTION OF POTABLE WATER AND SANITARY SEWER LINES PER THE REQUIREMENTS FOR WAL-MART ST. ~2789 IN BOYNTON BEACH, FLORIDA, AS SHOWN ON PLANS PREPARED BY KIMLEY-HORN AND ASSOCIATES, VERO BEACH, DATED FEBRUARY 24, 2000, AND THAT AT LEAST TEN (10) DAYS IN ADVANCE OF THE PRESENTATION OF THE SIGHT DRAFT FOR PAYMENT, THE UTILITY DEPARTMENT HAS PROVIDED TO THE DEVELOPER BY OVERNIGHT COURIER, NOTICE OF THE UTILITY DEPARTMENT'S INTENT TO DRAW FUNDS ON THIS LETTER OF CREDIT. THE WORK TO BE COMPLETED IS AS FOLLOWS: (List the work Wal-Mart failed to complete.) 2. THE ORIGINAL OF THIS LETTER OF CREDIT. SPECIAL CONDITIONS: A. PARTIAL DRAWINGS ARE ACCEPTABLE. B. NO OPINION OF LEGAL COUNSEL SHALL BE REQUIRED. THIS LETTER OF CREDIT IS ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION IN PALM BEACH COUNTY, FLORIDA, AND IS TO BE INTERPRETED BY FLORIDA LAW. Banl )fAmerica THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NO. 3029736 ANY DRAFT DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED "DRAWN UNDER IRREVOCABLE LETTER OF CREDIT NO. 3029736 ISSUED BY BANK OF AMERICA, N.A.". IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ONE (1) YEAR FROM THE PRESENT OR ANY FUTURE EXPIRATION DATE UNLESS AT LEAST NINETY (90) DAYS PRIOR TO SUCH EXPIRATION DATE YOU ARE NOTIFIED BY REGISTERED LETTER, RETURN RECEIPT REQUESTED OR OVERNIGHT COURIER SERVICE THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT RENEWED FOR ANY SUCH PERIOD. WE HEREBY ENGAGE WITH YOU THAT ANY DRAFT DRAWN UNDEB AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED ON THE PRESENTATION AT OUR OFFICE AT 333 S. BEAUDRY AVENUE, 19TH FLOOR, MAIL CODE CA9-703-19-23, LOS ANGELES, CA 90017-1466, ATTN: STANDBY LETTER OF CREDIT DEPARTMENT. OR BANK OF AMERICA, 100 SE 2~D STREET, 13=" FL., MIAMI, FL 33131, ATTN: STANDBY LETTER OF CREDIT DEPARTMENT, VIA COURIER SERVICE OR REGISTERED MAIL, ON OR BEFORE THE EXPIRATION DATE AS SPECIFIED ABOVE. UNLESS OTHERWISE EXPRESSLY STATED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFOBM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION;, INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. BANK OF AMERICA, N.A. ,~ ROSE T. AGUSTIN AUTP~gRIZED SIGNATURE AU~ORI ZED $ t~GNAT URE CARRILLO, ~c'~¢A~ Requested City Commission Meeting Dates [] November 21, 2000 [] December 5, 2000 [] December 19, 2000 [] January2,2001 : ' V-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.8 AGENDA ITEM REQUEST FOI 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 Meetin~ 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 3,200I (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 Heating [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presemtation RECOMMENDATION: Approval of resolution placing liens against properties with unpaid lot mowing charges. EXPLANATION: The invoices listed represent lot mowing of vacant properties since 1997. which have not been paid. This resolution will enable liens to be placed on the properties. PROGRAM IMPACT: None. FISCAL IMPACT: books. Hopefully some past due charges will be collected to remove past due invoices from the ALTERNATIVES: None - Charges for foreclosing of these vacant lots would surpass the lot mowing amounts due. Dep~'~fit Head's Signature City Manager's Signature DepartmentName ~r City Attom~/Y~afice / Human Resources S:XBULLETIT4~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. 01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTIES INVOLVED, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager or his designated representative of the City of Boymon Beach, Florida, acting on and on behalf of the City, has pursuant to Section 10-5 of the Code of Ordinances of the City of Boynton Beach, found and determined that the condition of certain property or parcels of land as hereinafter described violate Section 10-2 and 10-3 of said Code by reason of the existence of excessive growth of weeds, grass, vegetation or other noxious plants or other offensive substance detrimental to the health and welfare of the residents of the City, thereby constituting a nuisance; and WHEREAS, the owners of the parcel(s) of property hereinafter described were duly notified in accordance with Section 10-5 of the City Code of Ordinances and were required to abate the nuisance, as describe din the Notice t Owners within the prescribed ~eriod of time; and WHEREAS, said nuisance was not abated as required; and WHEREAS, pursuant to and in accordance with the procedure set forth in ~hapter 10 of the Code of ordinances of the City of Boynton Beach, the City abated said nuisance; and WHEREAS, the City Manager or his authorized representative has made a report of costs actually incurred by the City and abatement of said nuisance as to the property(s) involved, which is hereinafter described; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: Section h Each Whereas clause set forth above is true and correct and incorporated heroin by this reference. Section 2: The amount of costs incurred by the City and the abatement of the ibove-described nuisance as to the parcels of land, owned and indicated to wit: SEE ATTACHED COMPOSITE EXHIBIT "A" (Charges cover Invoices dated October 1997 through September 2000) Subject amount is hereby assessed as liens against said parcels of land as indicated, said liens as to said parcels of land shall be of equal dignity with the taxes therefrom for the year 1997 and 2001, depending on invoice date, and shall be enfomed and collected in like manner pursuant to applicable provisions of law. In the event collection proceedings are necessary, the property owner shall pay all costs of the proceedings, including reasonable attorneys fees. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __day of March, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk Requested City Commission Meeting Dates ] November 21, 2000 [] December 5, 2000 [] December 19,2000 [] Jatluary 2, 2001 V-CONSENT AGENDA CITY OF BOYNTON BE -CI:i ITEM C.O AGENDA ITEM REQUEST OIFE321 PM2:I6 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 I6,2001 [] February 6, 2001 [] Febraaxy 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 2i, 200I (5:00 p~m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation RECOMMENDATION: Approval of Resolution providing for execution of PLICAT Agreement. EXPLANATION: This agreement between the Boynton Beach Police Department and the Palm Beach County Sheriff provides for the combination of resources, jurisdictional authority and criminal intelligence information for the purposes of forming the Public Law Enforcement Insurance Combating Auto Theft task force (PLICAT). The Police Department has been a participant in the task force since its inception and continued participation is beneficial in combating auto theft in the community as well as career auto thieves and organized crime activity. PROGRAM IMI~ACT: A reduction in auto theft offenses and the far reaching costs to the community as a result of these offenses. FISCAL IMPACT: ALTERNATIVES: None. r Department Head's Signature C.I Department Name No budgetary impact on the police department. ~ature City Attorney / Finance / Human Resources S :\B LrLLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND EDWARD W. BIELUCH, AS SHERIFF OF PALM BEACH COUNTY, FLORIDA, PROVIDING FOR THE CREATION OF A PUBLIC LAW ENFORCEMENT INSURANCE COMBATING AUTO THEFT TASK FORCE (PLICAT); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, law enforcement agencies throughout the nation have found that auto theft and related offenses have far-reaching costs to the public and involve all levels of criminal activity; and WHEREAS, communities saw astronomical increases in their auto theft rates due to the problem of auto theft being left unaddressed; and WHEREAS by combing resources, jurisdictional authority, criminal intelligence methods and by targeting career auto thieves and organized exporters, law enforcement agencies can significantly lower the rate of stolen vehicles, increase arrests and prosecutions and recover a far greater percentage of stolen cars; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized to execute an Agreement between the City of Boynton Beach and Edward ^. Bieluch, in his official capacity as Sheriff of Palm Beach County, providing for the creation of the Public Law Enforcement Insurance Combating Auto Theft Task Force PLICAT), which Agreement is attached hereto as Exhibit "A". Section 2. ipon passage. PASSED AND ADOPTED this That this Resolution shall become effective immediately __ day of March, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (COrporate Seal) TI-lIS AGREEMENT, made this day of ,2001, by end between Edward W. Bieluch, in his official capacity as the Sheriff of Palm Beach County, Florida (hereinafter referred to as "SHERIFF") end the City of Boynton Beach Police Department (''Member Agency"). WI-IEREAS, law enforcement agencies throughout the nation have found that auto theft end related offenses have far-reaching costs to the public end involve all levels of criminal activity; end WHEREAS, organized criminals often rise the theft of a car to finance other criminal activity to use as a means of an untraceable getaway end to ship to foreign nations tO make tremendous prOfits and to further levels of their criminal enterprises; end WHEREAS, communities saw astronomical increases in their auto theft rotes due to the problem of auto theft being left unaddressed end; WHEREAS, by combining resources, jurisdictional authority, criminal intelligence methods end by targeting career auto thieves and organized exporters, law enforcement agencies cen significenfly lower the rate of stolen vehicles, increzse arrests end prosecutions and recover a far greater percentage of stolen cars then could be done without this cooperation. NOW THEREFORE, for the comideration set forth below, the parties agree as follows: This agreement will be for a period of one year commencing upon the date of execution of this Agreement unless either party provides thirty day written notice that the Agreement will not be extended. The above named law enforcement organizations will form a Public Law enforcement Insurance Combating Auto Theft task force ("PLICAT") with a mission of: Identifying career auto theft activity in Palm Beach County and throughout South Florida, finding their locations, and exposing their criminal methods, end sharing this intelligence with all law enforcement agencies; o Arresting suspects for all auto theft end related crimes end assisting in the prosecution; Pooling resources, jurisdiction and personnel to attack the crime on a coun.ty, state and federal level; Interrupting the flow of stolen and altered ears and car parts out of the country from the Port of Palm Beach and other Florida Pons, in cooperation with U.S. Customs agents; Identifying fraudulent insurance claims for stolen cars and referring cases to the state insurance fraud division; o "Hardening the target" for the auto thief by educating the public On all possible prevention methods and assisting in auto theft prevention through the promotion of known successful methods such as glass VIN etching, CAT programs, collar locks, etc. Each of the above named law enforcement agencies hereby approve and enter into this agreement whereby each of the agencies continuously request and render assistance to the other in the form of assigned personnel and related equipment, and participate in the structure of the effort as described in this Agreement. The assistance includes, but is not limited to, the enforcement of laws, recovery of stolen property, gathering and sharing of criminal intelligence, arrest of violators, execution of all lawful process, and any other operation support necessary to ensure success and continued operation of this effort and its overall mission. PLICAT will consist of officers and supervisors from the agencies choosing to participate on a full-time basis, along with Part-time and ad-hoc participating officers and support personnel, commanders and law enforcement executives who will participate and lend support whenever needed or as described below: ~: The Executive Board will consist of one member from each law enforcement agency conlxibnting fuil-time personnel and equipment to the effort. This member shall be the agency chief executive or designee. This Board will meet as often as desired or needed to address operation, budget or leadership issues of PLICAT. The Executive Board will nominate and elect a chairperson, and operate under professional roles or order to decide and issue orders and guidelines to the below designated Command board and Enforcement Unit for the professional operation of all aspects of PLICAT. ~JIIlllII~t.,B~ia~ The Command Board of PLICAT will consist of one command-level officer or designated supervisor appointed by each fuil-time agency to oversee the general workings and assignments of the unit, to solve operation or enforcement problems, to resolve issues relating to equipment and funds, and to give overall leadership and direction to the enforcement unit described below. The Command Board will communicate with each other as often as needed to ensure .all 2 issues are being addressed in furtherance of the overall goal of an effective, efficient and cooperative inter-agency law enforcement mission. F~[~ll~llL~h~: The PLICAT Enforcement Unit will consist of a Unit Supervisor agreed upon by the Executive Board and full or part-time supervisors and law enforcement officers of all cooperating agencies. The Unit Supervisor will ensure that the goals, directives and guidelines in place and mutually understood are being adhered to and that the unit is adequately funded, equipped and supervised in both their daily and long-term operations. The supervisor will seek assistance and accept guidance from all authorized members of the Command and Executive Board and any disagreement or dispute will be sent toand be resolved by the membership of the Executive Board. The Sheriff of Palm Beach County, as empowered under Florida Law, will grant Special Deputy status to any' police officer operating under this Agreement. All personnel so designated shall adhere to the laws and Sheriff's Office guidelines in the performance of police duties outside of the soope of their formal jurisdiction, The Special Deputy Status shall be automatically revoked when the officer is no longer assigned to PLICAT. As granted under applicable Florida law, federal law and federal agency guidelines, members of PLICAT may be utilized in any way needed in the enforcement of the United States Criminal Code when requested to do so and be given specific instructions and guidance by authorized members of federal law enforcement agencies. The Enforoement Unit, through the Sheriff's Office Legal Advisor's Office, will initiate forfeiture action whenever lawful and reasonable. The sharing of forfeiture assets shall be through a method of equal division of cash and property and/or as agreed to before hand by the Command Board or Executive Board and as determined on a case by ease basis. The decision to settle a forfeiture action will rest with the Sheriff's Office forfeiture unit. The Sheriff's Office will b~ entitled to have its attorney fees, advertising fees, asset maintenance fees and other costs reimbursed prior to the division of the proceeds from the forfeited asset. If forfeited property remains at the conclusion of PLICAT, such property will be auctioned off with the proceeds being distributed amongst the agencies.. The agencies which are sJ?atories to this Agreement are also governed by the Palm Beach County Mutual Aid Pact, a copy which is attached hereto and incorporated herein as Exhibit "A". Any conflict with Special Deputy Status and the Mutual Aid Agreement will be resolved in favor of the Mutual .aid Agreement. The above member agencies shall, to the fullest extent permitted by law, and at its own cost and expense, defend, indemnify and hold harmless the SHERIFF, his agents, employees, appointees and designees, from and again~ any and all claims, loss (including attorneys' fees, witnesses' fees, and all court costs), damages, expense, and liability arising out of .any 3 negligent act by the member agency's employees, representatives, or agents in the fuifillment of this Agreement. I0. The signatory agencies agree to be responsible for furnishing their employees with all standard police equipment necessary to fulfill the functions of this Agreement. The Sheriff will provide a work site unless otbemSse agreed upon by the parties. The signatory agencies agree to maintain at their expense, worker's compensation insurance, if applicable, to fully protect both the agency and the SHERIFF fi'om all claims for personal injury or death arising from its performance of this proposal. The agencies agree to be solely responsible for all compensation, overtime, worker's compensation, insurance and other benefits of its employees. 11. This Agreement is not assignable or mmsferrable unless agreed to in writing by the parties. 12. If any term or provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 13. This Agreement contains the entire agreement made between the parties and neither party is relying upon any oral representations made by the other party except as set forth in this Agreement. Any modification to this Agreement must be made in writing and signed by both parties. IN WITNESS WHEREOF, the paxties hereto have executed this Agreement this day and year first above wrfilt Witness Printed Name Witness Signature Chief of Police- Boynton Beach Police Dept Witness Printed Name Date 4 R~q~ested Cit~ Commi~i~m [] November 21, 2000 [] December 5, 2000 [] De~nt~ ~9, 2000 [] Salma~ 2, 2001 V-CONSENT AGENDA ITEM C.10 CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST FOmv~01 FEB 21 ~ lO: I 0 Noveml~' 9, 2000 (5:00 pm.) November 22, 2000 (5:00 pm.) Decemher 6, 2000 (5:00 pm.) December 20, 2000 (5:00 pm.) Requested City C,~..... Meeti~ Dates [] J~muary 16, 2001 [] February 20, 2001 Date Fiml Form Must I~ Turaed in to C'iw Clerk's Office Sanmny 3, 2001 (5:00 pm-) Jaau~'y 17, 2001 (5:00 pa~) Felxuaty 7, 2001 (5:00 p~a.) February 21, 2001 (5:00 pm.) NATURE OF AGENDA [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Announcement [] Presentation RECOMMENDATION: Move to approve the agreement between the City's G.A.L.A. Cc~nmittee and Sheldon AmtLqeanents for the amusement company to pla~ organize and implement rides in the Kids Komcr area for the period of three days, March 16-18, 2001. EXPLANATION: The agreement gives sole rights to Sheldon Amusements to provide rides, with 25% of gross proceeds to be deposited into the G.A.L~. fired, to benefit Kids Kome~. As required by the Risk Manageanent Department, Sheldon Amusements will provide a one million-dollar certificate of insurance for the children' s rides naming the City additionally insured. PROGRAM IMPACT: The rides add anothe~ intcresting dimension to the Kids Korncr area for spectactors t~ enjoy. FISCAL IMPACT: * Increase the number of people drawn to the festival site, thus increasing G.A.La~. event rev~ue. * SheldonAmuseanentsmalntain or~mmiTation and consol ofrides with input from the G.A.L.A. Committee. * City t'etalns 25% Of gross ticket sale~ and gives Sheldon Amusements 75% of gross ticket sales by March 20, 2001. * No tax dollars involved with t]~ agreement. ALTERNATIVES: Eliminate this attraction from the festival. ~Head s M'Y~gnature RECREATION Department Name 19r'' CityAttot~in~nce/I~man Resources RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A RIDE AND GAMES AGREEMENT BETVVEEN THE CITY OF BOYNTON BEACH (CITY) AND SHELDON AMUSEMENTS, TO PLAN, ORGANIZE AND IMPLEMENT THE KIDS KORNER GAMES AND RIDES AREA FOR THE 2001 G.A.L.A. DURING THE MARCH 2001 FESTIVAL.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach G.A.L.A. is an annual, three day art/cultural festival attracting between 40,000 and 50,000 people; and WHEREAS, the 2001 G.A.L.A. is scheduled to be held on Mamh 16, 17, and 18, 2001; and WHEREAS, upon the recommendation of staff, the City Commission of the of Boynton Beach, Flodda has deemed it appropriate to enter into an reement with Sheldon Amusements, Inc., providing for Sheldon Amusements, Inc., to plan, organize and implement the Kids Korner games and rides area during 2001 Boynton Beach G.A.L.A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida :loes hereby authorize and direct the Mayor and City Clerk to execute a Rides and reement between the City of Boynton Beach and Sheldon Amusements, Inc., said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon PASSED AND ADOPTED this __ day of March, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~,TTEST: City Clerk (Corporate Seal) S:Reso~,g~,GALA- Sheldon Amusements022601 2001 G.A.L.A. Sheldon Amusements Agreement THIS AGREEMENT made and entered this day of . , 2001, by and between Sheldon Amusements, Incorporated, hereinafter referred to as "Sheldon Amusements" whose mailing address is 22226 Concha Avenue, Boca Raton, Florida, 33428 and the City of Boynton Beach, Florida, a municipal corporation, hereinafter referred to as "City," whose address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida, 33435. WHEREAS, the City is in need of services to coordinate and provide a variety of amusements, fides, and games for public recreation and enjoyment dnring the annual G.A.L.A. event held on March 16, 17, & 18, 2001 on Seacrest Blvd. and East Ocean Avenue in the Civic Center parking lot, and WHEREAS, Sheldon Amusements has the knowledge, ability and equipment to provide the G.A.L.A. event with such amusement children's rides and, WHEREAS, the City desires to engage the services of Sheldon Amusements to provide the G.A.L.A. event with amusement entertainment for the aforementioned purposes, NOW THEREFORE, and in consideration of the mutual covenants and promises set forth herein, the parties to this agreement do hereby agree as follows: That Sheldon Amusements present their entire company, consisting of high-class pay show, riding devices, music, including equipment and generator for such rides, with prior approval of electrical hook up cords and set-up by state inspectors and City, for the three days of the event, March 16, 17, and 18, 2001 for the amount of 75 %o of gross receipts and 25% of gross receipts to G.A.L.A. Kids Komer. The City shall provide and sell all tickets. Sheldon Amusements will mm in tickets to the City for accounting purposes. All rides, shows, music, etc. provided by Sheldon Amusements must be turned off and made non-operational at the stated closing time on each of the four days of operation. Sheldon Amusements shall also obtain all permits required by law. TIME OF OPERATION FOR G.A.L.A. March 16, 2001 12 p.m. - 9 p.m. March 17, 2001 10 a.m. - 9 p.m. March 18, 2001 10 a.m. - 9 p.m. Set up will be on Wednesday and Thursday, March 14, & 15, 2001. Sheldon Amusements will be allowed to place equipment on City property (Civic Center), 128 E. Ocean Avenue, Boynton Beach, on Wednesday, March 14, 2001 as early as 7:00 a.m. and no later than 9:00 p.m. Rides must be inspected and ready to go by Friday, March 16, 2001 at 12 noon. 3. That all riding devices and minor privileges shall be under management and control of the City and the G.A.L.A. committee. That the City shall initiate this agreement between both parties and sign hereon by February 21, 2001. ~--, That Sheldon Amusements shall arrange for, provide and set up all rides for the Kids Komer area for ~._. : the said for mentioned percentages payable upon settlement on March 20, 2001. The volume of the music provided by Sheldon amusements shall be kept at a level that does not interfere and/or overpower any of the G.A.L.A. programs, including any and all of the entertainment stages. The set-up locations of any and all Sheldon Aanusements equipment must receive prior approval of the G.A.L.A. committee. Once Sheldon Amusements equipment is set-up and in place, it may not be moved, removed or relocated without prior knowledge and approval of the G.A.L.A. committee. That in case of severe inclement weather as determined by the City, the G.A.L.A. Committee shall notify Sheldon Amusements six (6) hours prior to scheduled openings for cancellation and/or postponements, if possible. That, in the event of acts of nature wi'rich cause an inability for the rides to perform as scheduled, Sheldon Amusements shall substitute similar rides with prior approval by the City's G.A.L.A. COmmittee. 8. That Sheldon Amusements representatives shall be acting as independent contractors of Sheldon Amusements and not as employees of the City. 9. That no alcohol or illegal drugs shall be consumed by Sheldon Amusements' employees or representatives prior to, during or subsequent to the G.A.L.A. event in Boynton Beach. 10. That Sheldon Amusements shall provide verification of a one million dollar insurance liability policy for children's rides and a two million -dollar policy for the adults, which names the City, its officials, agents, employees, volunteers and participants as additional insured, An original certificate of this insurance coverage shall be provided to the City's Risk Manager from the Sheldon Amusements' insurance carder no later than March 1, 2001. 11. That the City shall not be held responsible for damages to rides or Sheldon Amusements' equipment due to vandalism or acts of nature prior to the implementation, during or after the term/nation of this agreement. 12. That the City shall not be responsible for any property damage or personal injury sustained by Sheldon Amusements, employees or representatives from any cause whatsoever, prior, during or subsequent to the period of time during which this agreement is in effect. Sheldon Amusement hereby waives, discharges and releases the City, its agents, employees, volunteers and participants from liability for the negligent acts of City or its employees and agents. 13. That Sheldon Amusements shall not sell, subcontract or transfer this agreement or any part of it to any individual, group, agency, government, non-profit or profit corporation. 14. That Sheldon Amusements shall indemnify, save and hold harmless the City, its agents, employees, volunteers and participants from any claim, demand, suit, loss, cost of, expense or damage which may be :asserted, claLmed or recovered against or from City or City's agents, employees, volunteers or part. icipants by reason of any damage to property or person, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of or arises out of the negligent or wrongful act(s) of Sheldon Amusements, its employees or representatives. 2 15. That, in the event that litigation shall be necessary fo~ the enforcement of this agreement on behalf of either party, then the prevailing party shall be entitled to reasonable attorney fees and costs incurred in said litigation. Venue for said litigation shall be Palm Beach County. 16. That Sheldon Amusements shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability in its hiring or contracting practices, the selection of rides or for any reason associated with this agreement. 17. That this agreement alone sets forth all the covenants, promises, agreements, conditions and understanding between the parties hereto. There are no covenants, promises, agreements, conditions or understandings, either oral or written, between the parties other than those herein set forth. No agreement shall be binding upon the parties unless and until it is reduced to writing and signed by both Sheldon Amusements and the City. 18. If any term or provision of this agreement shall, to any extent, be deemed invalid or unenforceable, the remainder of this agreement shall be valid and shall be enforced to the fullest extent of the law. 19. That the City's G.A.L.A. Committee unanimously has selected Sheldon Amusements Incorporated, to provide rides for the 2001 G.A.L.A. event, and that Heather Spillane shall serve as the City's contact for the coordination and selection of rides and games. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and ~-- year written above. . ATTEST: By: By: Gerald Broening, Mayor City of Boynton Beach Joe Sheldon, Sheldon Amusements Enterprises Approved as to form and legal sufficiency: James Cherof; City Attorney City of Boynton Beach 2/26/01 4:09 PM Sheldon agreement.doc $ V-CONSENT AGENDA CITY OF BOSTON BEA( ITEM C.11 AGENDA ITEM REQUEST FI Requested City Comm/ssion Meeting Dates [] November 21, 2000 [] December 5, 2000 [] December 19, 2000 [] January 2, 2001 NATURE OF AGENDA 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.rc~) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement Requested City Commission Meetine Dates [] January 16, 2001 [] February 6, 2001 [] February 20, 2001 [] March 6, 2001 Date Final Form Must be Turned in to City Clerk's Office January 3,200I (5:00 p.m.) January 17, 2001 (5:00 P.t~ ,~'-~.--.~ -- ._~-< February 7, 2001 (5:00 p.m'~ -< o February 21, 2001 (5:00 p._~. ) [] Developmem Plans :~ $'~ -~ [] New Business -- ~ [] Legal r~ --m [] Unfinished Business on ~-n~c~ [] Presentation ~- RECOMMENDATION: Motion to approve the security agreement for the 2001 G.A.L.A. event for the period of March 15 through March 18, 2001. Statewide Enterprises Custom Security Solutions shall provide the G.A.L.A. event with 295 hours of special event security for a total cost of $4,617.50 EXPLANATION: Security officers will control key areas throughout the event, as well as securing the festival site throughout the night. They will also control the parking areas and traffic around the event. PROGRAM IMPACT: This will give event participants as well as citizens a sense of security, and control traffic and parking congestion around the festival site. Statewide Enterprises will provide a $1 million insurance liability policy naming the City as additional insured. FISCAL IMPACT: We will require less police coverage, thus keeping costs down. 295 hours of security is being offered by Statewide Enterprises at a cost of $4,617.50. If the Boynton Beach Police Department provided all special event security for this event, the cost would be approximately $7,375 (rate of $25/hour per officeO. Quotes were obtained for the same service from other companies (Navarro Security Group $5,605 and Wackenhut $7,965); Statewide Enterprises provided the lowest quote. ALTERNATIVES: Use more staff (police) at a higher cost. ' ~/~iS~maent Head's Signature Recreation Department Name City Manager's Signature ,City At (]~t~ / Finance / Human Resources S:~B ULLET1NkFORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SECURITY AGREEMENT E~ETVVEEN THE CITY OF BOYNTON BEACH (CITY) AND STATEWlDE ENTERPRISES CUSTOM SECURITY SOLUTIONS PROVIDING FOR SECURITY FOR THE PUBLIC FOR THE 2001 G.A.L.A.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach G.A.L.A. is an annual, throe day rt/culturat festival attracting between 40,000 and 50,000 people; and WHEREAS, the 2001 G.A.L.A. is scheduled to be held on Mamh 16, 17, and 8, 2001; and WHEREAS, upon the rocommendation of staff, the City Commission of the City of Boynton Beach, Flodda has deemed it appropriate to enter into an Agroement with Statewide Enterprises Custom Security Solutions, to provide security for the public during the 2001 G.A.L.A. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COMMISSION OF 'HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Flodda loes hereby authorize and direct the Mayor and City Clerk to execute a Security \greement between the City of Boynton Beach and Statewide Enterprises Custom Secudty Solutions, said Agreement being attached hereto as Exhibit "A". Section2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ; day of March, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:Reso'~gr~GALA- Statew~de Enterprises - Security022701 G.A.L.A. EVENT SECURITY AGREEMENT THIS AGREEMENT made and entered into this __ day of February, 2001 by and between Statewide Enterprises Custom Security Solutions, hereinafter referred to as Statewide, whose mailing address is Barry Baker, 233 North Federal Highway, Suite 47, P. O. Box 246, Dania Beach, Florida 33004, and the City of Boynton Beach, Florida, a municipal corporation, hereinafter referred to as "City", whose address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435. WHEREAS,' the City is in need of services to coordinate and provide security for the public during the annual G.A.L.A. festival held on March 15, 16, 17 and 18, 2001 on Seacrest Blvd. at Boynton Beach Blvd. to SE 2nd Avenue and Ocean Avenue at Seacrest to Federal Highway and surrounding areas around Seacrest and East Ocean Avenue, and WHEREAS, Statewide has the knowledge, ability and equipment to coordinate G.A.L.A. security, and WHEREAS, the City desires to engage the services of Statewide to provide G.A.L.A. security for the aforementioned purposes, NOW THEREFORE, and in consideration of the mutual covenants and promises set forth herein, the parties to this agreement do hereby agree as follows: Statewide will provide the City with 295 hours of special events security for a total cost of $4617.50 as scheduled below. The City is tax exempt and the total cost of $4617.50 excludes tax. 250 hours at $15.50 and 45 hours at $16.40 per hour. Thursday, March 15 7 p.m. to 7 a.m. Rover 12 hours Friday, March 16 And Saturday, March 17 7 a.m. to 6 p.m. 7 a.m. to 9 p.m. 7 a.m. to 6 p.m. 7a.m. to 6 p.m. 7a.m. to 6 p.m. Police Garage 11 hours NE 1st St. & 1st St 14 hours NE 1~ St. & City Hall 11 hours SE 2~ VIP & Volunteer Parking 1 1 hours SE 2nd & Library Parking 11 hours 7 a.m. to 12 p.m. & Seacrest, Ocean to 12 p.m. to 7 a.m. Federal 24 hours 6 p.m. to 12 p.m. & Seacrest at Ocean to 12 p.m. to 7 a.m. 1st Street 13 hours 6 to 12 p.m. & t2 p.m. to 7 a.m. 3rd St. on Ocean to Federal Hwy. 13 hours 120 hours X2 240 hours Page Two G.A.L.A. Security Agreement Sunday, March 18 7 a.m. to 6 p.m. 7 a.m. to 6 p.m. 7 a.m. to 6 p.m. 7 a.m. to 6 p.m. 7 a.m. to 6 p.m. Supervisor Police Garage 11 hours NE 1st St. & 11 hours 1st St. NE 1st St. & City Hall 11 hours SE 2nd & VIP &; 11 hours VolUnteer Parking Rover Patrol 11 hours 55 hours Total 295 hours 2. That Statewide shall provide the City with radios from Friday, March 16, 2001 through 6:00 p.m. Sunday, March 18, 2001. That Statewide shall provide verification of a one million dollar insurance liability policy, which names the City, its officials, agents, employees, volunteers and participants as additional insured. An original certificate of this insurance coverage shall be provided to the City's Risk Manager from Statewide's insurance carder. 4. The City will submit payment to Statewide not later than April 14, 2001 for services rendered. That no alcohol or illegal drags shall be consumed by Statewide employees or representatives prior to, during or subsequent to the G.A.L.A. festival in Boynton Beach. That the City shall not be responsible for any property damage or personal injury sustained by Statewide representatives or employees from any cause whatsoever, prior, during or subsequent to the period of time during which this agreement is in effect. Statewide hereby waives discharges and releases the City, its agents and employees from liability for the negligent acts of City or its employees and agents. That Statewide shall not sell, subcontract or transfer this agreement to any individual, group, agency, and government, non-profit or profit corporation. Page Three G.A.L.A. Security Agreement That Statewide shall indemnify, save and hold harmless the City, its agents and employees from any claim, demand, suit, loss, cost of, expense or damage which may be asserted, claimed or recovered against or from City or City's agents or employees, by reason of any damage to property or person, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, or arises out of the negligent or wrongful act(s) of Statewide, its employees, or representatives for circumstances solely in control of Statewide (Agency). 9. That, in [he event that litigation shall be necessary for the enfomement of this agreement on behalf of either party, then the prevailing party shall be entitled to reasonable fees and costs incurred in said litigation. Venue for said litigation shall be Palm Beach County. 10. That Statewide shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability in its hiring or contracting practices or for any reason associated with this agreement. 11. That this agreement alone sets forth all the covenants, promises, agreements, conditions and understanding between the parties hereto. There are no covenants, promises, agreements, conditions or understandings; either oral or written between the parties other than those herein set forth. No agreement shall be binding upon the parties unless and until it is reduced to writing and signed by both Statewide and the City. 12. If any term or provision of this agreement shall, to any extent, be deemed invalid or unenfomeable, the remainder of this agreement shall be valid and shall be enforced to the fullest extent of the law. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year written above: ATTEST: By: By Gerald Broening, Mayor City of Boynton Beach Approved as to form and legal sufficiency: Barry Baker, General Manager Statewide Enterprises Custom Security Solutions James Cherof, City Attorney ~'~. City of Boynt0n Beach Requested City Commission Meeting Dates [] November 21, 2000 [] December 5, 2000 [] December 19, 2000 [] January 2, 2001 CITY OF BOYNTON BEAC V-CONSENT AGENDA ITEM C.12 AGENDA ITEM REQUEST F( Date Final Form Must be Turned in m 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 01FEB21 PM2:I5 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.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve a full release of surety for the project known as Carriage Gate PUD, in the amount of $11,962.07 EXPLANATION: This development was completed several years ago, and the water and sewer systems had been transferred to the City for ownership and maintenance. However, the development company (Boynton Beach Associates Inc.) never requested a full release of surety, and has since been assimilated into another company known as Carousel Development and Restoration, Inc., said company having the same principals as Boynton Beach Beach Associates, Inc.. All improvements having been made, we have no objection of the full release of the remaining surety to Carousel Development and Restoration, Inc. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATI~one. The '~s code allows full release of surety upon completion of required improvements and satisfactory ~rfo~rough the warranty period. Department Head's Signature J ' ' Oiby Manager's Signature UTILi'IIES Department Name ty Atto/~ey / F~nance / Human Resources XC: Peter Mazzella (w/attachments) Finance Dept. City Attorney File S:~B ULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF THE SURETY CAROUSEL DEVELOPMENT AND RESTORATION, INC., (FORMERLY KNOWN AS CARRIAGE GATE PUD) IN THE AMOUNT OF $11,962.07; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the project was completed several years ago, and the water and sewer systems had been transferred to the City for ownership and maintenance; and WHEREAS, upon recommendation of staff, the City Commission hereby authorizes the release of the remaining $11,962.07; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF YHE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Flor/da, based apon the recommendation of staff, hereby approves a full release of the surety for Carousel Development and Restoration, Inc., (formerly known as Carriage Gate PUD), in the mount ~f $11,962.07. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of March, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk Corporate Seal) [] RETURN CHECKTO DEPT. CITY OF BOYNTON BEACH DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ TO: Carousel Development and Restoration, Inc. 11,962.07 v# 1450 S.W. 10th Street, Suite 8 Delray Beach, FL 33444-1264 FOH: Refund of surety for project known as Carriage Gate PUD Requested By: Approvals: Div Head Finance Dept. City Manager XC: Peter Mazzella, Asst. to Utilities Dir. Date: FUND DEPT BASIC ELE OBJ AMOUNT 9'0/ ~.'~. ~.z~ ~-~ ~,~ 11,962.07 11,962.07 Barbara Conboy Asset Management Consultants (12841 Fitzwater Ddve, Nokesville, VA 20181-2734 ~ogesvllle, Virginia 2olaf -2734 Request For Release,Of Bond I~ated; Wedne~d~w Janumw O3. 2001 At, n: Ms Di~qe Reese Dept: Finance* Fax; ($61) 375-6090 CA~O3A We believe aH nec$asary work, pem~its, stab[liz~io~ ~..,, ha~ ~ ~1~ ~ pmj~ ~ m ~r fll~ a~; File CAROUSEL DEVELOPIV[~NT Project Desc: CARKIAOE OATE PUD Pmja~t Add: Bond Type: Accost #: B~x~d Date: 4/20/B8 ~d # Pmnit # l~thia not the ca~e, pleam far, yard a llst of any ~ing o~ n~ ~pl~ ~ m us ~r a~. ~e~iae, PI~ re~d ~e d~o~ held by BO~N BEACH. FL m ~ a~ of $11,962.~ glu~ Ca~J J~h Car~e~ 1450 S,W. 10~ ~, Su~ 8 Delmy ~a~,FL 33444-1264 Please Consider this request for ~ny additieaal fimd~ held by you For ~hil developer wilh axcept~x~ o£ ~ny a~-tive coaatmctaan, k b our ~i~ to ha~ all ~ r~um~ to ~e ~l~r. Pl~.e ~o~ ~MC, as ag~c of re~d ~ ~ ~all ~er ~sp~, by ~ ~y. ~ have queries ~mm~ ~e above, pl~se ~l ~ t0 ~1 me ~ (703) 594-31~. E XP[,.ANATION 63-9029/2670 BOYNTON BEACH ASSOCIATES, INC. : 183 ~u.~- ~ ' ' -- - · . -- OLI.AR$ CHEC ,-,,, ~ - · ^ .~?U.".'~.. CHARTER SAVINGS AND LOAN AUTHORIZED SIGNATURE Fab-13-01 02:37 ASSET MANGEMENT 703 BB4 2187 P.02 WOODLAND HILLS, CALIFORNIA At a -.-- regular _g_special meeting of the Board of Directors of BoYneon Beach Buitders~Inc '" duly called and held at Delra~ on the 14. day · '." May .~l°r~da 19 90 ,-i'& quorum 'being present, the ~reamBle and ~esolu~aon wa~ "~EAS, thi~ corpora=ion i~ materiall~ interested , Com~,Owner~hiD · n transactions i~ wh£¢~ undertakings in Variou~ amounts; an~ WHEREAS, the Amwest Surety Insuza~ce Company i~ willing to ta~ings as $urety~ at the requee~ of and i~ consideration of the e~e~ution of an apreement of indemnity by this corporation through its officers named below. NOW~ THEREFORE, be it RESOLVED= That the co~poration hereby authorized, affirms, ~a~{~ies and approves the acts of: Jose~0h Car~sella Title President ..- Michael Bipn¢~ni .... Title VP, Sec.' & Tree. · n executin9 on behalf--o~' ~e ¢ozporation-an~' a~zeement or agreemen:s of indemnity required by t~e Amwest Surety InsuranCe Company fo~ the ~urpose of indemni[ying it :rom loss and expense in connection with any bonds or undertakings executed on be~lalf of Carousel Development, Inc. and :he acts of :~e afore~en:i6ne~'"tep:eSen=ative(s] cf"t~e ~o:gorati~n in affixing the corporate seal to suc~ agreemen~ of indemnzty and subscribing bas (theiz) name(S) thereto, in beha~£ of the corporation, are hereby authorized and ratified." ~, Michael Bianchtni , Se¢xeta:y of ~oyn:o~ se'~cn nuzzlers, znc. do he=ely cetei~ t~at the Resolution as it a~ae&rs on the =ecoz~S o£ the meetinps Of the Board of ~£teC~ots of ~a~ Corporation. IN WITN~SSWH~REO~, I nave Reteunto set my hand and the seal (Seal) day of May , 19 ~0 . ~s~na~e~.h~~ · · Feb-Il-01 23:¢O ASSET MANGEMENT 703 594 2187 P.O1 ~2841 Fitzwete~' Drive Nokesville. Va. 20181 (703) 594-3100 Office (703) 59~-2187 Fax Tm Mr. Pete Mazelle (561) 731-0065 Da~ Fei:xlJa,~ 12. 2001 Release or' Funcls for: Carousel Dev. Enctosed is the enclosed are documents per your request. These ~locuments will s~ow you that Mr. Bianchini was in fact an officer w~o pOsteo the funds, however Mr. CaK~selta wes the sole owner. A company name ct~ange did occur for Carousel Develo0ment years later. The client wishes the check be issued !to ~ cun'ent "active" name if at all possible. Tha ,r~, ' acolOs F'eb-ll-O1 2~1:40 A~$ET MANGEMENT 703 594 2187 P.02 Florida Profit CAROUSEL DEVELOPMENT & RESTORATION, INC. PRINCIPAL ADDRESS 1450 SW 10TH ST STE $ DEl,RAY BEACH FL 33444 US Changed 05/19/1997 MAILING ADDRESS 1450 SW 10TH ST STE $ DELRAY BEACH FL 33444 US Changed 05/19/1997 D~cum,~nt Number FEI Number Date Filed 682832 592025370 09/22/1980 State 8tnt,~m ~l'eetiv e Date FL ACTIVE NONE Lasi Eveu¢ NAME CHANGE A, MI ,'.N I.)MENT Event Dat~ Filed Event Effeetive Date 09/Olt/199g NONE Re istcred ent Name & Address Officer/Director Detail htlp://c¢icoro dos.state flu~scnpts/¢ordet, exe?ai-Dl', FIL&nl-682532&a2-NAMF% D& :.. 2dlZ. 01 ~Feb-ll-01 23:40 ASSET MANGEMEN-F · 703 594 2187 P.O3 P~g~ 2 of 2 ,3 Annu,a! Reports I F.,,d O.t,, JI ~ ~.¢w Events ~'.iew N'ame History View Doc~!m,~!t!tnage(s) Tills 15 NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT ht~2~://~cfc~rp~d~$state~us/~ripts/c~rdet~exe~a~=D~TF~L&n~82832&n2=NAMFW~&n2 2/12/01 F~b-ll-01 ~3:41 ASSET MANGEMENI' 703 594 2187 P.04 ~,. , ~o, w, ,.,~ ._.~ ~,~.4.u.:, Page ! of' ! CAROUSEL DEVELOPMENT & RESTORATION, INC. D(w:oment Number Datc Flied Effeeth'e Date Status 682i) 32 09/Z2/1980 None ~M~ND~NT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://ccfcorp,dos.statc.fl .u s/script s/corev t. exe? a 1 -DEI'NAM&n I--682832&n2=DOMP 2/1 ~01 ASSET MANGEMENT 703 594 2187 Rerlda ~ et' Tglallas~e~ lilmida P.05 ~ llk.~lo~ I~. M~ ~h o~r ti~ C'mm~ Col,~-~ Ir~. Om' ~ Ne.: Sir,Madam: ~) (~ Feb-ll-O1 23:41 ASSET MANGEMENT 703 B94 2187 P.07 ARTICLi~S OF AMENDMENT TO ARTICLES OF ENCORPORATION OF INC.. . Article I set'dng foff. h ~he name of the corpofl~on is being The ~ of the ~-porafiofl shall hereinai~r be known az: CAROUSEL DEVELOPMENT & I~_~TORATION, I~fC. SECOND. If an aznend1~t wovid~ for an excbaqe, rec~ ~ oanccilmfion of issued shm'u, provisions for ~zlgmenfi~8 the amendment if not cotqmiued ~u zhe m~end~n~ i~sdf, am as follows: 23:42 ASSET MANGEMENT 703 594 2187 P.08 'fl%e ~l~- of vo~ ~ for ~ ara~m,,~) w~s~w~'~ The m.m~mtme~(~) w~s~m~e sto~ by tim bom't o('cl~rec~n w~hout s~bolder n~aou and shareholder z~ion w~ ~ requirct fids 20~ of .... Aa~ . .., 1~ . Joseph Caro~la, President ~ o~ of~c ~d of Di~m~ O~ OR (By mn/ncor~omto~ ~f,uio~te4 t~ ~e i~l~w~) AND ONE OF TIdE BOARD OF DIRECTORS Requested City Cormmssion Meet~n~ Dates [] November 21, 2000 [] December 5, 2000 [] December 19,2000 [] January 2, 2001 V-CONSENT AGENDA CITY OF BOY-NTON BEACI ITEM C.13 AGENDA ITEM REQUEST FOI_ _ Date Final Form Must be Turned in to City Clerk's Office November 9, 2000 (5:00 p.m0 November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) Requested City Commission MeeIine Dates [] January 16,2001 [] February 6, 2001 [] February 20, 2001 [] March 6, 2001 Date Final Form Must be Turned in to CiW Clerk's Office Janua~ 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 [] Admlni~;trative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] P~senta6on RECOMMENDATION: Staff recommends adoption of Resolution R granting the Mayor authority to sign the attached proposal for the distribution of the 9-1-1 funds for dispatcher salaries. EXPLANATION: Palm Beach County 9-1-1 Management, recognizing the need for compemafion and retention measures, has devised a formula to calculate the amount of time a dispatcher spends on the telephone. Using the new formula, which acknowledges that at least 20% of dispatcher time is spent on the phone, the City of Boynten Beach will receive $171,000.00 for fiscal 2000/2001 ta be paid in four payments. This maney is derived from the fifty cent 9- 1-1 surcharge on wireless and wire Hnc telephone fees and was specifically raised from twenty cents to the current fifty cent for this purpose. The amount of money received is based on an employee's hourly rate at the time of submission to 9-1-1 Management. The intent of this money is to assist in the recruitment, training, compensation and retention of 9-1-1 teleeommunicators. Following years are scheduled to increase to 25%. PROGRAM IMPACT: With the acquisition of the new radio and telephone systems it is imperative that we take steps to attract the caliber of individuals needed to successfully perform this highly specialized job. The expertise and training required to operate this high-teeh system has elevated the level of technological expertise of our existing personnel and has made them highly marketable to other agencies. The increase in the entry-level rate as well as the hourly increase for existing personnel will make us competitive with other agencies in our area. Proactive measures are imperative to attract and retain these employees. FISCAL IMPACT: No immediate fiscal impact to the City of Boynton Beach. All money for this compensation will be derived from the 9-1-1 Management reimbursement. The reimbursement monies for fiscal 2001/2002 will be calculated on the higher hunrly salary, ff approved, and at 25%. $112,129.43 of the $171,000.00 is proposed for the salary increase. Tiffs leaves a reserve of $58,870.57. , ALTERNATIVES: Communications Division is currently down four dispatchers. Any additional resignafious ~vould seriously compromise the efficient operation of the Center by forcing us to operate at unacceptable staf£mg levels. S:',BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Department Name City Attorney / Finance / Huma~ Resources S:~BULLETIN',FOKMS~AGENDA ITI~M REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROPOSAL FOR THE DISTRIBUTION OF 9-1-1 FUNDS FOR DISPATCHER SALARIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Palm Beach County 9-1-1 Management, recognizing the need for compensation and retention measures, has devised a formula to calculate the amount of time dispatchers spend on the telephone; and WltEREAS, the use of this formula has resulted in the payment to the City of Boynton Beach, Flor/da the sum of $171,000 for fiscal year 2002/01, to be paid in four payments to the City, to assist in the recruitment, training, compensation and retention of 9-I-I telecommunicators; and WHEREAS, this matter has been discussed with and approved by the National Conference of Firemen & Oilers, which union represents the dispatchers; and VOtEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in the best interests of the citizens and residents of the City and the community to approve and execute a proposal for the distribution of 9-1-1 Funds for dispatcher salaries; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The Mayor is hereby author/zed to execute a proposal for the distribution of the 9-1-1 Funds for dispatcher salaries, which proposal is attached hereto and made a part of as Exhibit "A". 'J27/2001 3:15 PM ,\CH~MAIN\S HRDATA\CA~ESO~Disgetchem Wage Proposal 022701 .doc Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of March, 2001. CITY OF BOYNTON FLORIDA BEACH, Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner ATTEST: City Clerk s:ca~Reso~Parks and Rec Fees ~2/27/2001 3:15 PM ~CH\MAIN\S H RDATA\CA\RESOXDisoatchers Wage proposal 022701 .doc COMMUNICATIONS DIVISION MEMORANDUM To: Wilfred Hawkins, Assistant City Manager From: Phyllis Dixon, Interim Communications Manager Subj: Telecommunicator Recruitment, Training, Compensation and Retention Date: February 16, 2001 Beginning this year, Pall Beach County 9-1-1 Management has devised a new formula to calculate the amount of reimbursable monies given to each Public Safety Answering Point. The money is derived from the fifty cent 9-1-1 surcharge on wireless and wire line telephone fees and was specifically raised from twenty cents to the current fifty cents to compensate and recruit qualified candidates. Using the new formula, wkich acknowledges that at least 20% of dispatcher time is spent on the telephone, the City of Boynton Beach reimbursement is $171,000.00 for fiscal 2000/2001. Following years are scheduled to increase to 25%. The intent of this money is to assist in the recruitment, training, compensation and retention ofg-l-1 telecommunicators. A letter from Mark Adler, Pall Beach County 9-I-1 Coordinator is appended. The City of Boynton Beach Communications Division is unique in that we have retained a high percentage of long-term Dispatchers. Their expertise is crucial to the quality of service provided to our citizens. These employees have remained loyal despite the increased workload, the remover generated by less-experienced personnel, and the less than competitive wages. For the most part we have not attracted the caliber of individuals needed to successfully perform this highly specialized job. Public Safety dispatching historically has a high turnover rate, creating an increase in workload for those remaining, additiOnal s~:ess and eventually resignations. Senior Dispatchers and Shift Supervisors have to double their effort and workload to provide the same level of service as a full~ staffed Center. At any given time there are a number of other agencies looking for qualified and experienced dispatchers. We are not attracting the most desirable applicants because we .are vying with other agencies that offer better compensation to entry level applicants and experienced dispatchers. Without an attractive incentive we will not appeal to qualified applicants and could possibly lose those we have to higher paying agencies. The acquisition of the new "backbone" multi-agency radio system and the computer expertise and gaining required to operate this high-tech system is considerable. Once trained and competent, their elevated level of technological expertise will make our employees highly marketable to other agencies. Proactive measures are ~mperative to retain these workers. At the last 9-I-1 operations committee meetin8 on November 29th, all agencies discussed their plans for using these funds. Attached are two documents showing current salary levels, and one showing current and proposed. In all cases listed, the base salaries are higher, even in agencies serving less populous areas with lower call volume. Please find attached a chart outlining my proposal for compensating our employees. This plan includes an adjustment to base salary and a benefit lump sum bonus based on their years of service to Boynton Beach. The total estimated cost of this package is $112,129.43, of the $171,000.00 available. This leaves a reserve of $58,870.57. There is a need to use the remaining funds for framing and recruitment related to our new "hi- tech" communications system. These funds will be paid quarterly with the first payment of $34,736.80 covering September, October and November. Application for the second quarter will be submitted March I, 2001. Each year we will develop a proposal outlining the percentage to be used for compensation and retention, recruitment and training. The compensation will be based on market demand; the recruitment and training will be decided based on need. I am recommending serious consideration be given this proposal. We have an opportunity to correct salary inequities at no cost to the City of Boynton Beach. Local 1227 937 Belvedere RoaO West Palm Beach FL 33405 NATIONAL CONFERENCE OF FIREMEN & OILERS SERVIC~ EMPLOYEES INTERNATIONAL UNION, AI:L-C~O CLC (561) 3{~6-9513 !561) 366-9554 1-888-70~-0810 February 20, 2001 Mr. Jim Cherof, ~ Atb3m®y City o~ Boyn~on Beach P.O.-Box 310 ~ ~, FL 3~25 wotl<e~ had ;~eviOi..;ly receivecL, a~d adjusted th~ o~tcome of this wa~e increase to !227 will not require furt~ b~ for fids mmtm*. Thank you far maldng an eff~'to enhance ~rm wages and ¢onditioas for our LoCal 1227, National C~,l~rence ~f Firemen & Oilem ,~IU. AFL-CIO, CLC Sham~ A. Sam~o~e Munley, Pm~lent cc' Tem Jade, 6tewa~J -- Pl'~lli~ D~3n, ~ Communications Affiliated wt'~h DeparUnenc of Public Sa~eCy ~ision of ~nergency Manaffement ce of Emerfency Medical Services 20 $. Milir~'y Trail West ~dlrn Beach. FL33415 (561) 712-6400 FAX: (561) 712-6455 http;//www, co.paJm.beach.fl.us Palm Beach Coun~ Board of CountT Commissioners Maude Ford Lee, Cha/r ~arren H. Newell, Vice Cha/rman liaten T. Marcus Carol A. Roberts btaty McC~r~ RUn Aatonson Tony Masilo~ CountT Administrator Robert We/sman MEMORANDUM DATE: TO: FROM: November 20, 2000 9-1-1 PSAP Managers Adler, 9-1-1 Coordinator ~ Mark EMS/9-1-1 Management Intent of Call:raker Salary Reimbursements The intent of the increased call-takers reimbursements is for the recruitment, training, compensation and retention of 9-1-1 telecommunicators. Although these funds are a "reimbursement," the 9-1-1 fee was increased specifically to address the critical shortage of 9-1-1 telecommunicators. M MORANDUM Depart~nent of Public ~afety Division of Emergency Management )ffice of Emergency Medical Services 20 $ MiIirary Trail West Palm Beach, FL 554[5 (56D 712-6400 F,~x. (56I) 712-6455 hcrp:#www co palm-beach fl us Palm Beach County Board of County Commlssioner~ rren H Newell, Chairman Carol A Roberts. Vice Chair Karen T Marcus Mary McCarty Tony Masilot~i Addle L Greene DATE: TO: FROM: February 5, 2001 David Nigels AccOunting Clerk Finance Department Mark Adler 9-1-1 Coordinator Reimbursement of the City of Boynton Beach Please reimburse the City of Boynton Beach $34,736.80 for 20% of call-taker regular salary, overtime, holiday pay, and F.I.C.A. from September 1, 2000 through November 30, 2000, out of Ftmd 143, Agency 660, Organization 9240, Object 8101-04. R--~b~Butterfieldg' E.M.S. Manager c: Phyllis Dixon, PSAP Manager ~ osit~ted Or~ rec~led,~,~r, ..... V-CONSENT AGENDA ITEM D.1 CITY OF BOYNTON BEACk AGENDA ITEM REQUEST FORM 0 t P~R - I a~ 1~: Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine Date~ in to City Clerk's Office Meetin~ Date~ in to City Clerk's Office [] November 21, 2000 November9,2000 (5:00p.m.) [] January l6, 2001 January3,2001 (5:00p.m.) [] December5,2000 November22,2000 (5:00p.m.) [] Febmary6,200I Januaryl7,2001(5:00p.m.) [] Decernberlg, 2000 December6,2000 (5:00p.m.) [] February20,2001 February7,2001(5:00p.m.) [] January2,2001 December20,2000 (5:00p.m.) [] March6,2001 · Febmary21,2001(5:00p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business -'] Announcement [] Presentation RECOMBirENDATION: Please place this request on the March 6, 2001 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote of 7-0 recommended that the subject request be approved, subjec, to staffcomments. For further details pertaining to this request see attached Deparm~nt of Development Memorandum No. PZ 00-027. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRI1)TION: IDEAL PAINT & BODY, INC. Gregory L. Celentano, Ahrens Companies Ideal Paint and Body, Inc. 610 Industrial Avenue Request for approval of a site plan modification to consm~ct a 1,600 square foot addition to an existing paint and body shop use. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Devel~p'~c~ D~l~artment Director City Manager's Signature City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~.GENDA ITEM REQUEST FORM.DOC EXHIBIT "C" Conditions of Approval ProJect name: Ideal Paint & Body Shop File number: MSPM 00-005 Reference: 2nd review plans identified as New Site Plan. File # MSPM 00-005 with a January 23, 2001 Planning and Zoning Departmant date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: NONE X PUBLIC WORKS - Traffic Comments: NONE X UTILITIES Comments: GENERAL COMMENTS 1. Fire flow calculations will be required d~nnonstrating the City Code X requirement of 1,500 g.p.m, as stated in LDR Chap. 6, Art. IV, Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE Sec. 26-16(a)). FIRE comments: 2. A fire flow test is required prior to Building permit. LDR 6-16. X POLICE Comments: NONE X ENGINEERING DIVISION Comrn~nt~: NONE X BUILDING DIVISION Comments: 3. At time ofperrmt review, submit signed and sealed working drawings of the X proposed construction. PARKS AND RECREATION Conditions of Approvals.doc 02/28/01 2 DEPARTMENTS INCLUDE REJECT Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: 4. The reqtftred 7 foot landscape strip along Industrial Avenue must be planted X with a layer of colorful shrubs and ground cover in addition to the plant material shown. This layer may be planted at project comers. Revise plans accordingly (Chap. 7.5, Art. 1I, Sec. 5.D.). 5. : The environmental review permit for this site must be updated. Application X was submitted and is pendin8 approval. ADDITIONAL PLANNING AND ZONING BOARD COMMENTS 6. NONE X ADDITIONAL CITY COMMISSION COMMENTS 7. To be determined. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLC RIDA PROJECT NAME: deal Paint & Body APPLICANT'S AGENT: Gregory L. Celentano APPLICANT'S ADDRESS: 3750 Investment Lane, Suite #2. West Palm Beach. FL 33404 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: Mamh 06, 2001 TYPE OF RELIEF SOUGHT: Request for major site plan modification approval for a 1,600 square foot addition to an existing automotive paint and body business. LOCATION OF PROPERTY: 610 Industrial Ave. 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, Flodda 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. 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 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 J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Ideal Paint and Body Shop 2000\Develop.Order doc.doc DEPARTMENT OF DEVELOPMENT MEMORANDUM NO~ PZ 00-027 SITE PLAN REVIEW STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION February 15, 2001 DESCRIPTION OF PROJECT Project Name/No.: Ideal Paint & Body Shop/MSPM 00-005 Property Owner: Mr. Kerry Larkin/Ideal Paint and Body, Inc. Applicant/Agent: Mr. Gregory L Celentano, Ahrens Companies Location: 610 Industrial Avenue, Boynton Beach, FL Land Use/Zoning: Light Industrial/M-1 Type of Use: Auto Paint & Body Shop/Industrial Project Size: Site Area: Existing Building Area: New Facility Area: New Facility Total Area: 0.633acre (27,567 square feet) 6,614 square feet 1,600 square feet 8,214 square feet Adjacent Uses: (See Exhibit "A" - Location Map) North - BollencherTrucking: warehouse~istribution building, zoned M-l; South - Astro Air: warehouse/distribution building, zoned M-1 and farther south Boynton Beach Boulevard; East C.S.X. Railroad R.O.W.; and West Reith Motorsports: auto sales building, zoned M-1. site Characteristics:The site is currently a pre-cleared, 0.633-acre lot. It is predominatety vegetated with a variety of overgrown grasses. The subject property is surrounded by other industrial uses, and zoned M-I. The north property line of the subject property is screened by a fence and vines. There is no other vegetation of any significance. ProPosal: The developer is proposing the construction of a 1,600 square foot, 20 foot high, one-story addition to the existing paint and body shop facility, with related parking (See Exhibit "B" - Proposed Site Plan). The proposed building addition is similar to the existing facility. The addition will be unified by the application of identical building design, matedats and colors, and will be accessible by the same entrance off Industrial Avenue. The entire proposed building addition will be used as an extension of the existing paint and body business. Page 2 Ideal Paint and Body Shop, Inc. Site Plan Review Staff Report Memorandum No. PZ 00-027 Concurrency; a. Traffic- b. Drainage- Driveways: Parking Facility: Landscaping: Building and Site Regulations: Community Design Plan: A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Traffic Division has determined that the project meets the Traffic Performance Standards of Patm Beach County. Conceptual drainage information was provided for the city's review. The city's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred to time of permit review. There is one (1), 25 foot wide existing driveway entrance proposed for this project. The existing driveway entrance is located on Industrial Avenue. The drive aisle spacing between the parking stalls exceeds the required 27 feet back out distance. The parking spaces required for the proposed addition have been tabulated based on the ratio of one (1) space per 300 square feet of gross floor area. An additional six (6) parking spaces are allocated for the proposed building addition including two (2) provided inside the building. The inside spaces located behind overhead doors can be counted toward parking spaces as indicated in Chapter 2, Section 11-H, .paragraph 24. A total of 28 parking spaces are allocated for the entire site. All spaces, except the handicap space will be dimensioned nine feet by eighteen feet (9' x 18') and will include wheelstops. All spaces, except handicapped spaces will be dimensioned nine feet by eighteen feet (9' x 18') and will include wheelstops. The landscaping of the site will fully meet the code requirements when staff comments are incorporated. The development will be provided with the required amount of perimeter and internal landscaping as required in the Land Development Regulations, Chapter 7.5 Article II. Building and site regulations will fully meet code when staff comments are incorporated into the permit drawings. The proposed building facade, as viewed from the south elevation (see Exhibit "B"), is standard of the typical one story steel industrial structures constructed in the M-1 zoning district. The new addition will be constructed to be identical to the existing Ideal Paint and Body Shop, Inc. building including Hawaiian blue wall panels with polar white accents and off white overhead doors. The roof panels will be galvalune or gray in color. Page 3 Ideal Paint and Body Shop, Inc. Site Plan Review Staff Report Memorandum No. PZ 00-027 Signage: The applicant has not submitted any additional sign for this addition. The existing sign for Ideal Paint and Body Shop, Inc. will remain without any modification. RECOMMENDATION: The Planning and Zoning Division recommends that this request for site plan approval be approved, subject to the comments included in Exhibit "C" - Conditions of Appreval. Staff also recommends that the deficiencies identified in this exhibit "C' be corrected on the set of plans submitted for building permit. xc: Central File \\CH\MAIN\SH RDATA\Plan ning\SHARED\W P\PROJ ECTS\Ideal Paint and Body Shop. Inc.-Addition \Site plan staff report-doc LOCATION MAP Ideal Paint and Body Shop, Inc. EXHIBIT "A" I/8 ~ 4.~0. 800 FEET EXHIBIT "B" EXHIBIT "B" IDEAL PAINT & BODY, INC. EXHIBIT "B" IDEAL PAINT & BODY, INC. COMPANIES AHRENS V-CONSENT AGENDA ZTEH D.2 Charles Y. Dusenbury A.i.A. 113 NWI lm Stree~ Boca Ra~on, Florida 3432 25 February, 200I Ms. $u= Kn~ C~ of Boynten B~b, Flond~ Outpatient Cli=ic 2401 S. $~=n=st Boul~nmt Boynton Bell% Florld~ $ingerely, ~ Charles Y. Dusenb~ V-CONSENT AGEN DA ITEM D.2. CITY OF BOYNTON BEAC1 AGENDA ITEM REQUEST FOR~ 72~ . l~"~, ~1'. 02 Requested City Commission Meeting Dates [] November 21, 2000 [] December 5, 2000 [] December 19,2000 [] January 2, 2001 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office November 9, 2000 (5:00 p.rm) November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) [] Adminisl~:ative [] Consent Agenda [] Public Hearing [] Bids [] Announcement Requested City Commission Meeting Dat~ [] 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, 200l (5:00 p.m.) February 7; 2001 (5:00 p.m.) Febraary 21~ 2001 (5:00 p.m.) Development Plans New Bus/ness Legal Unfinished Business Presentation RECOMMENDATION: Please place this request on the March 6, 2001 City Commission Agenda under Consent Agenda. The Planuing and Development Board with a vote of 5-2 recommended denial, subject to staff comments. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 01-026. EXPLbnNATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRI/>TION: OUTPATIENT CLINIC Terry Metts/Petra Builders James H. Degerome, MD 2401 S. Seacrest Boulevard Request for approval ora site modification to consUmct a 2,900 square foot medical building on a 0.72 acre lot. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Planning and Zon/ng ~ctor D evelihwrffe~D~nnt-Dl~Yector City Manager's Signature City Attomey/ Finance / Human Resources s :kB ULLETIN~FORM SkAGENDA ITEM REQUEST FORM.DOC EXHIBIT "C" Conditions of Approval Project name: Outpatient Center of Boynton File number: MSPM 00-004 Reference: 2nd Review plans identified as Maior Site Plan Modification. File # MSPM 00-004 with a January 16, 2001 Plannin~ and Zonin~ Department date stam ~Idng. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - GENERAL Comments: 1. It is recommended that solid waste pick-up be via curbside pick-up, since the X site is not compatible for dumpster pick-up service PUBLIC WORKS - TRAFFIC Comments: NONE X UTILIT~S Comments: NONE X FmE Comments: 2. A fire hydrant flow test is required prior to issuance ora building penrdt. X LDR 6-16 POLICE Comments: 3. At time of permit review please provide a photometric study. Recommended X footcandles are as follows: Building Entrances and Exits- 5-8 footcandles; Parking Lots (surface) 3-5 footcandles. 4. Indicate type of lamp (i.e. High Pressure Sodium, Metal, Halide, etc.) to be X used, as well as, wattage and type of fixture on the site plan. ENGINEERING DIVISION Comments: 5. Provide topography of the adjacent lands on the civil plans as well as the X finished grades between the proposed development and twenty-five (25) feet in the abutting properties. Conditions of Approvals 2 02/28/01 DEPARTMENTS INCLUDE REJECT 6, On the Site and Landscape Plans, identify the clear site triangular areas on I X both sides of the driveway(s) and adjust the landscaping accordingly (LDR, Chap. 7.5, Art. II, Sec. 5.H.2.). Add a note to the Landscape Plan that with/n the site triangles, there shall an unobstructed cross-visibility at a level between 2.5 feet and six (6) feet above the pavement. 7. Replace any large canopy trees adjacent to light fixtures to eliminate future X shadowing on the parking surface. 8. Delete the three (3) standard stalls due west of the ingress/egress driveway to X eliminate the vehicular conflict. BUILDING DIVISION Comments: 9. Add to the building that is depicted on the drawing titled site plan a labeled X symbol that identifies the location of the handicap accessible entrance doors to the building. Florida Accessibility Code for Building Construction, Section 4.1.2, 4.3. 10. On the floor plan drawing, add a labeled symbol that identifies the location of X the handicap accessible entrance doors to the building. The location of the doors shall match the location of the accessible entrance doors that are depicted on the site plan drawing. Florida Accessibility Code for Building Construction, Section 4.1.2, 4.3. 11. Add a labeled symbol to the site plan drawing that identifies the location of X the handicap accessible parking spaces. The quantity of the spaces shall be consistent with the regulations specified in the Florida Accessibility Code for Building Construction. The accessible parking in spaces that serve a use shall be located on the shortest safely accessible route of travel from adjacent parking to an accessible entrance. The Florida Accessibility Code for Building Construction states that buildings with multiple accessible entrances shall have accessible park/ng spaces dispersed and located closet to the accessible entrance. Location of handicapped parking spaces on landscape and site plans shall correlate: Florida Accessibility Code for Building Construction, Section 4.1.2(5), 4.3, 4.6. 12. Add a labeled symbol to the site plan drawing that represents and delineates X the path of travel for the accessible entrance doors to the building. The symbol shall start at the accessible parking spaces and terminate at the accessible entrance doors to the building. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings that are required to be installed along the path. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parked vehicles. Identify on the plan the Conditions of Approvals 3 02/28/01 DEPARTMENTS INCLUDE REJECT width of the accessible route. (Note: The minimum width required by the code is forty-four (44) inches). Add text to the drawing that would indicate that the symbol represents the accessible route and the route is designed in compliance with Section 4.3 (Accessible Route) and 4.6 (Parking and Passenger Loading Zones) of the Florida Accessibility code for Building Construction. Please note that at time ofpeimit 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 Florida Accessibility Code for Building Construction. This documentation shall include, but not limited to, providing finish grade elevations along the path of. travel. Site plan shows two new handicap parking spaces and removal of one existing handicap space. Parking data shows one existing and one proposed. Plan and data shall correlate. 13. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues [Section 3107.1.2, Chapter 31 of the B oynten Beach Amendments to the 1997 edition of the Standard Building Code]: a) The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the South Florida Water Management District's surface water management construction development regulations." b) Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawing titled floor plan. 14. As required by Chapter 4, Section 7 of the Land Development Regulations; X submit a current survey of the subject property. Survey shall be signed, sealed and dated by a licensed land surveTor. PARKS AND RECREATION I Comments: 15. Provide notes on plan to advise the contractor to contact the Parks Division X prior to any construction activity to avoid disturbing any irrigation lines in the Seaerest Boulevard or Golf Road rights-of-way. FORESTER/ENVIRONMENTALIST [ Comments: 16. There are two (2) existing trees on the site. The landscape plan should X Conditions of Approvals 4 02/28/01 DEPARTMENTS INCLUDE REJECT indicate the replacement trees for the rmuoval of those two (2) trees. PLANNING AND ZONING Comments: 17. Correct dimensions on the parking space detail for regular spaces with X dimensions in cont'ormance with City Standards drawing No. B-90012. Provide a detail for the required handicap sign. 18. Provide dumpster detail, including elevation showing required landscaping. X Dumpster enclosure wall color must match the building color. 19. Review the location of the dumpster. Gates may interfere with the parking X space directt7 to the east of the dumpster. 20. Revise plant list on landscape plan to melaluca mulch as indicated in the X landscape notes. CTpress mulch is not permitted. (Ch. 7.5) 21. Applicant needs to submit a letter to the Utilities Department requesting X permission to use the City Water for irrigation purposes. Water fees will be charged. 22. Identify facade materials on the elevation drawings. Provide manufactures X number and name for roof tile colors. 23. Identify the location of the loading space on the site plan. (Chap. 2, Sec. X 11.J) Or provide letter restricting size of delivery vehicles to fit standard parking stall. 24. Provide a site lighting fixture detail. (Chapter 6, Sec. 10.B) X 25. No sign were provided with the submittal. All proposed site signs must be X shown on the plans for approval. Signs not shown on the plans will require separate approval by the Planning and Development Board. (Chapter 21) 26. Label and dimension required landscape buffers on the site plan and X landscape plan. (Chapter 7.5) 27. Trees shall be a m/nimum of 12 feet high with a three (3) inch caliper at time X of planting. Revise plant list to reflect this requiremant 28. Right-of-way buffer landscape materials shall be planted as required by Ch. X 7.5, Art. II, Sec. 5.D. The plantings shall be done in layers, beginning with colorful shrubs and gloundcover closest to the right-of-way, with a hedge and trees placed betfmd that close to the project vehicular use areas. 29. A 2.5 foot buffer is required along the south and west property line with X Conditions of Approvals 5 02/28/01 DEPARTMENTS INCLUDE ILEJECT plantings as required by Ch. 7.5, Art. II, Sec. 5.E. Where a commercial property abuts a residential area a five (5) foot buffer is required adjacent to the vehicular use areas. 30. A mn/mm of one (1) interior tree is required for every 10 parldng spaces. X Indicate compliance with this requirement on the landscape plan. (Chapter 7.5) 31. The project entrance must be landscaped in accordance with Ch. 7.5, Art. 1I, X Sec. 5.N. Include colorfal groundcover, shrubs, and signature tree as required. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 32.:Board recommends that request be denied. X ADDITIONAL CITY COMMISSION CONDITIONS 33. To be determined. MWR/blw J:\SHRDATA\P LAN NING~S HARED\WP~RO J ECTS\OUTPATIENT CENTER OF BOYNTON EEACH\COND. OF APPROVAL.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Outpatient Center of Boynton Beach LTD APPLICANT'S AGENT: Terry Metts/Petra Builders APPLICANT'S ADDRESS: 2351 S. Seacrest Ave. Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: Mamh 06, 2001 TYPE OF RELIEF SOUGHT: Request for approval of a major site plan modification to construct a 2,900 medical office building on 0.72 acres. LOCATION OF PROPERTY: 2401 S. Seacrest Ave., Boynton Beach DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flodda on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS X HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. X 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 DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 01-026 SITE PLAN REVIEW STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION February 15, 2001 DESCRIPTION OF PROJECT Project Name/No.: Outpatient Center of Boynton Beach/MSPM 00-004 Property Owner: James H. Degerome, MD Applicant/Agent: James H. Degerome/Terry Met"ts, Petra Builders Location: Southwest comer of Seacrest Boulevard and SE 23rd Avenue Land Use/Zoning: Office/C1 (Office and Professional Commercial District) Type of Use: Medical office Project size: Site Area: 0.72 acres (31,578 square feet) Building Area: 2,900 square feet Adjacent Uses: (see Exhibit "A" - Location Map) North Golf Road, and farther north Outpatient Center medical office building, zoned C-1; South - East Medical office building zoned C-1; Seacrest Boulevard and farther east two medical office buildings, zoned C-1; and West Single-family residential development, zoned R1-AA. Site Characteristics: The site is a partially vacant, fiat, rectangular shaped lot. At present, a portion of the lot is being used as an employee parking lot for the existing Outpatient Center located noah of the site across Golf Road. The entrance drive, parking lot drive aisle and 16 parking spaces are paved. The balance of the site is cleared and the scrub grass is maintained. Oleander hedges are located along the east and north side buffering the vehicular use area. There are two (2) slash pine trees located on site that must be replaced. A six (6) foot decorative masonry wall is in place along the west property line adjacent to the residential development. This wall will remain when the site is developed. Proposal: The developer proposes to construct a 2,900 square foot medical office building on a 0.72 acre lot (see Exhibit "B" - Proposed Site Plan). The proposed building height is 20 feet, two (2) inches which is within the 25-foot maximum allowed in the Cl zoning district. Concurrency: a. Traffic- A traffic statement for this project was submitted and was sent to the Palm Beach County Traffic Division for their review and approval. Staff has received confirmation from Palm Beach County's Traffic Division regarding standards compliance. b. Drainage- Conceptual drainage information was ~rovided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage Page 2 Outpatient Center of Boynton Beach - Site Plan Review Staff Report Memorandum No. PZ 01-026 solutions be deferred until time of permit review, when more complete engineering documents are required. Driveways: On-site traffic circulation will consist of one (1) existing ddveway entrance providing access from Seacrest Boulevard. The entrance, which provides ingress and egress to the site, is 29 feet wide and located along the southeast property line. The two-way drive aisle provides access to proposed parking areas in the front of the building and to the north of the building. Parking Facility: A total of 15 spaces are required for the proposed use based on the ratio of one (1) space per 200 square feet of medical office use. The number of parking spaces provided equals 34 with two (2) spaces designated for handicap use. This site wilt still provide surplus spaces to accommodate employee parking for the existing Outpatient Clinic across Golf Road. All spaces, except handicap spaces will be dimensioned nine feet by eighteen feet (9' x 18') and will include wheelstops. It should be noted that if the three (3) front spaces are omitted per staff comments, code requirements will still be met. Landscaping: When staff comments are met the proposed landscape plan will meet minimum code requirements. The foundation plantings around the building are extensive and further enhance the site. The required six (6) foot masonry wall separating the office use from the residential use to the west is already in place. Building and Site: Community Design: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings~ ~, The architectural design for the Outpatient Clinic will match the Mediterranean style of tl~e existing Outpatient Clinic across Golf Road. It will also be consistent with one of the medical office buildings immediately to the east across Seacrest Boulevard. The stucco walls will be peach color with white accent trim. A reddish orange S-tile roof will compliment the design. The proposed building front fa(;ade will have a double door entry with a covered porch facing Seacrest Boulevard. Signage: The applicant has not submitted any signage for this project. 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:\P[anning\$HARED\WP\PROJECTS\Outpatient Center of Boynton Beach\Staff report NWSP-00-018.doc LOCATION MAP THE OUTPATIENT CENTER OF BOYNTON BEACH EXHIBIT "A" 118 400. '800 FEET 3N[73S~ ~ EXHIBIT "R" EXHIBIT "B' q {I t -Ill llil ,,. EXF .... E._X. HIBIT "R" V-CONSENT AGENDA ITEM D.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 0 i ~,~?, - t ;k~ ltl 0 Requested City Commission Meeting Dates [] November 21, 2000 [] December 5, 2000 ] December 19, 2000 [] January 2, 2001 NATURE OF AGENDA 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.) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) [] Administrative [] Consent Agenda [] Pubhc Hearing [] Bids [] Announcement Requested City Commission Meeting Dates [] January 16, 2001 [] February 6, 2001 [] February 20, 2001 ~ March 6, 200I Date Final Form Must be Turned in to City Clerk's Office January 3, 2001 (5:00 p.m.) January I7, 2001 (5:00 p.m.) Febraary 7, 2001 (5:00 p.m.) . February 21,200I (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place this request on the March 6, 200t City Commission Agenda under Coment Agenda. The Planaing and Development Board with a unanimous vote of 7-0 recommended that the subject request be approved, subject to staff comments. For further details pertaining to this request see attached Department of Development Memorandum No. U SAP 01-001 EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Dtcor Elements/Furnishings (Ed Carey Design) - Quantum PID Ed Carey/Ed Carey Design N/A 2600 High Ridge Road Request to amend the current list of approved uses in the Quantum Park PID to allow design, manufacture, storage end distribution of dtenr elements end furnishings on lots classified for office end industrial use. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Planning end Zoning/Director City Manager's Signature City Attorney / Finance / Human Resources S:XBULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC EXHIBIT "B" Conditions of Approval Project name: D~cor Elements/Furnishing - Ed Carey Design File number: USAP 01-001 Reference: Request letter dated January 29, 2001, from Ed Care¥ of Ed Care¥ Design. I DEPARTMENTS I iNCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDiNG DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. NONE X ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determined. MWR/dim SSPLANNING',SHARED~WP',PROJECTSt FORMER EMISSION INSPECTION BLDG (QUANTtJM PARK PrD)\CONDITIONS OF APPROVAL.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: D6cor Elements/Furnishing - Ed Carey Design APPLICANT'S AGENT: Ed Carey APPLICANT'S ADDRESS: 3200 S Congress Avenue, Suite 204 Boynton Beach DATE OF CITY COMMISSION RATIFICATION: March 06, 2001 TYPE OF RELIEF SOUGHT: Use Approval (design, manufacturing, storage, distribution of decor) LOCATION OF PROPERTY: 2600 High Ridge Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of 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 TO: DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 01-024 Chairman and Members Planning and Development Board FROM: Michael Rumpf Director of Planning and ZOning DATE: February 12, 2001 SUBJECT: Quantum Park PID Use Approval (Design, Manufacturing, Storage, Distribution of D~cor Elements) Ed Carey Design - File No. USAP 01-001 NATURE OF REQUEST Mr. Ed Carey of Ed Carey Design, is requesting use approval for the design, manufacturing, storage and distribution of d~cor elements and furnishings on lots designated for office and industrial use (OI) within the Quantum Park Planned Industrial Development, PID, (see attached location map - Exhibit "A"). The specific property where this type of use will be located is lot 89-A, which is the former site of Vehicle Emissions Inspection building in Quantum Park, on the east side of High Ridge Road, and is classified as OI, Office/Industrial. Chapter 2 - Zoning, Section 7(E) of the Boynton Beach Land Development Regulations requires that any new use proposed within a Planned Industrial Development (PID) district be approved by the Planning and Development Board (and City Commission). To date, various uses have been approved for this PID, including office, warehouse, and wholesale of vadous products. The specific type of use proposed consists of the manufacturing of signs and cabinetry for office and industrial uses. In general, the proposed use is not.listed in the current list of approved uses, nor defined in the Land Development Regulation's list of permitted Uses for a PID zoning district. However, portions of the proposed use are already included in the list of permitted uses for Quantum Park: manufacturing, fabrication and assembly of fumiture, and warehouse, distribution and wholesale. In essence, the request is to allow the desiqn and manufacturing of the d~cor elements. BACKGROUND Unlike other conventional zoning districts, the zoning code does not set forth-specific uses permitted in a PID. 'Pursuant to Chapter 2 - Zoning, Section 7.E., in a PID, a buitding and its customary, ancillary structures and land uses may be erected, altered and occupied for any office, professional, business (wholesale and retail), educational institution, adult entertainment (consistent with Section 11.M. of the zoning code) or industrial uses provided that such use or uses is/are approved by the Planning and Development Board. To approve such a use, the Planning and Development Board must make findings that the proposed use will not be in conflict with the performance standards listed in Section 4;N. of the zoning regulations, and that the use proposed is consistent with the intent and purposes of the Planned Industrial Development District, PID. The land development regulations, specifically the Planned Industrial Development (PID) distdct guidelines, were designed to proc. de a zoning classification for light industrial development that would better satisfy current demands for !;~;ht industrial zoned lands by encouraging development that reflects changes in technology, relates the (! ,.,elopment of land to a specific site and conserves natural amenities. in addition, it is intended "to accompiish a more desirable environment for industrial development in relation to existing and/or future city development, permit economies in providing public services, allow for economies of scale in industrial development, and to promote the public health, safety, convenience, welfare and good government of the City of Boynton Beach." The land use designation of this PID is industrial. The Comprehensive Plan allows for the development of all permitted uses allowed within PID and M-1 zoning districts. Page 2 Memorandum No. PZ 0%024 Quantum Park PID, USAP 01-001 ANALYSIS The purpose of the City's performance standards is to ensure that uses will not be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or right-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust, or other particulate matter; toxic or noxious matter; odor, glare, heat or humidity; radiation, electromagnetic interference, fire or explosive hazard, liquid waste discharge, or solid waste accumulation. The applicant has been asked to provide a description of their request relative to the performance standards within Chapter 2, Section 4.N of the Land Development Regulations to evaluate the impact and appropriateness of this use within the PID district. These responses are listed as follows: 1) Noise: No sound will be created which in violation of Section t5-8 of the City of Boynton Beach Code of Ordinances. 2) Vibrations: No ground vibrations will be generated by the proposed use. 3) Smoke; dust, dirt, or other particular matter: No emission of smoke, dust, dirt or other particular matter will be created. The proposed use will not atlow the emission of any substances in violation of any federal, state, county or city laws or permits governing the emission of such substances. 4) Odors and fumes: No objectionable or offensive odors will be readily perceptible at any point beyond the industrial district. Toxic or noxious matter: The proposed use will not allow any toxic or noxious matter to be discharged in such concentrations as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way at or beyond the property line or to contaminate any public waters or any groundwater. 6) Fire and Explosion: The proposed use wilt not create a fire or explosion hazard. 7) Heat, Humidity or Glare: The proposed use will not produce heat, humidity or glare, which is readily perceptible past the property boundary. The lighting will conform to the City of Boynton Beach's standards. ¸8) Liquid Waste: Any disposition of liquid waste will be in conformance with the provisions of Chapter 26 of the City of Boynton Beach Code of Ordinances or any applicable federal, state or county laws or permits. 9) Solid Waste: Any accumulation or disposal of solid waste will be in conformance with Chapter 10 of the City of Boynton Beach Code of Ordinances and will not be transferred to adjacent or nearby property or rights-of-way. 10) 11) Electromagnetic Interference: No electromagnetic radiation or intederence will be created. Hazardous Materials and Hazardous Waste: No hazardous materials or hazardous waste will be created, stored or handled with the proposed use. Page 3 Memorandum No. PZ 01-024 Quantum Park PID, USAP 01-001 This type of use is consistent with the intent and purpose of the PID zoning district, as this use reflects changes in land development trends, and furthers the attempt to provide a desirable environment for industrial developments. This use will complement other commercial and industrial uses existing within the Quantum Park PID. Furthermore, it has to be noted that the applicant has been doing business in the City since 1995, and it is currently located in a property zoned M-l, Industrial District. RECOMMENDATION Based on the above analysis of the proposed use, staff recommends that the list of permitted uses within the Quantum Park PID be amended to include the desiqn, manufacturinq, storaqe and distribution ofd¢cor elements and furnishinqs. It should be noted that staff construed the subject request for those lots designated for "Industrial" uses, rather "Office and Industrial" uses, thereby allowing the subject uses on any lot with the "Industrial" option. Otherwise, if the request was interpreted literally, the use would only be allowed on those lots designated for both the "Officer' and "Industrial" options. Staff does not recommend any conditions of approval; however, if conditions are added by the Planning and Development Board or City Commission, said conditions will be placed in Exhibit "B" - Condition of Approval. Attachments ~- LOCATION MAP QUANTUM PARK EXHIBIT"A" IN (:;ITY II ~PID OF 0 (:3MM E ~ UANTU ~,/~ I / '0 1/8 '0 400 '800 MI L E :.-3~ J Requested City Commission Meeting Dates [] November 21,2000 [] December 5, 2000 [] December 19,2000 [] January2,2001 V-CONSENT AGENDA CITY OF BOYNTON BEAC] ITEM E AGENDA ITEM REQUEST FO Date Final Form Must be Turned in to CiW Clerk's Office November 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) Requested City Commission Meeting Dates ] January 16,2001 [] February 6, 200! [] 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, 200I (5:00 p.m.) February 21,2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plato [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] UmQzfished Business [] Announcement [] Presentation RECOMMENDATION: To authorize purchasing landscaping services with a combined cost of up to $20,000 from Vila & Sons Landscaping who has been awarded county bid 99-052, This authorization will be used to issue Purchase Orders to complete several approved Neighborhood projects. EXPLANATION: Vila & Sons has the ability to complete this work successfully, on time, and within budget. Note: The county bidding process allows the City to receive the lowest possible price. PROGRAM IMPACT: This authorization will allow the Neighborhood Services office to complete several approved landscaping projects including Palm Beach Leisureville, Four Sea Suns Condominiums, Via Lago, Citrus Glen, Pine Point Villas, and Dos Lagos. FISCAL IMPACT: These projects were all budgeted in this fiscal year in budget line item Neighborhood Grants Program 00t -2417-559.49-65. ALTERNATIVES: Without using the previously approved landscapin~p~nq COLCOUnty contract, these projects ~w°uld be more expensiveQ_.~ ~' ~f°r the City to complete. ~1/~, A~ /x,~C~'~-- Department Head's Signature ' -C~t~ ~a~ager's Signature Depamnent Name City Attorney / Finance / Human Resources S:'~ULLETINWORMS~AGENDA ITEM KEQUEST FORM.DOC PROPOSAL DATE: TO: Febrtm~27,2001 Mr. Dan De Carlo City of Boynton Beach Oty I-Ian FROM: I~: Rosalee projectsmbe done fl~ spring Please accept our proposal to provide and install the attached plant material as per the landscape plan provided by Vila & Son Landscaping Corp. The breakdown is as follows: Leisurevitle Entriesr. C'i4-~ Glenn: Pine Po~ -Vilta~ V'm Lago Dos Lagos Estimated Total of five projects: ~OOLO0 3,59800 2,462.00 2,5O8.30 5~000.00 8,569.00 So'to b~i, ....... as .... at $0.25 per square foot. P,~ugtr gradiag, eoasm~-~ an~material removal shall be done by others. A~irfigatio~ system-needs to be operational and amomafic upon completion of landscape hmatlafiom Please advise us of when we can proceed with thi~ ~ma~afiom CITY OF BOYNTON BEACH VILA AND SON LANDSCAPING CORP. 2/2/01 VIA LAGO I ...¢PEc.u-.-,CA't"ro NS 2 CHRISTAAA5 PALAA5 30 ~AL, 6 - 8' OAH $ 138.35 $ 276.70 7 ~HA. 7~ $ · ~' $-' 139.30 6 ~N~ t ~ ~ 3 GAL $ 12.~ $ 74.64 6 VAEIE~A~ ~IN~ 3 ~AL $ 15.65 $ 93,90 80 DWAEF BLUE EU~L~A 1 ~AL ~ 3,90 $ 312.~ 60 FOXTA[L ~N 1 ~AL $ 4.29 $ 257.~ 3o 2NO ~ee~Ca~ON $ tO.~$ a~.~ I'H~IPS ON ROYALS THRIPS ON ROYALS t UNLrT PR.TC"ES I ~ TOTAL. TOTAL:- $ - 2,508.~0 CiTY OF BOYNTON BEACH VILA AND SON LANDSCAPING CORP. 2/2/01 72 11 21- [54 24- 78 7 POINT VILLA5 TI~TNI:: I Irc 3 ~AL BANANA-- 3 VAR"rE~ATEO ~TN~ER 3 ~AL RED TZ' 3 ~AL- DWARF BLUE RUELLTA A-SPARA6US-FERN-- - /~ C~4E- FOXTATL FERN ! ~AL 12.44 $ 89§.68 27.9~ - $- 2T.99 15.65 $ [72.15 12.44 $- 261.24 3.9o a.~- $ - 93.60 4.29 $ 334.62 ~0:~$ · 76.30 TOTAL: $ -' 2,462J'8 - CITY OF BOYNTON BEACH VlLA AND SON LANDSCAPING CORP. 2/~01 C~7~v~ GLENN f~'""'"t ~,~A~'~,~ I ~-'~CA~. Iu~' "~'1 ''~ T~L I 1 ~OEB~ 30 ~AL, 4' OAH ~ 131.71 $ 131.71 122 ~ r r~ 3~Ak ~ IL35 ~ 1,3~.70 2~ PURPLE QUE~ 1 ~AL ~ 3.~ ~ 875.~ 26 A~A~US F~- 1 ~AL ~ 3;88 ~ ' 1~.88 26 ~ACHO F~N 1 ~AL $ 3,~ $ 91.00 13 ~OUND ~C~D I ~AL $ 10.~ $ 13~.~ TOTAL: $ 3,598.04 CITY OF BOYNTON BEACH VILA AND SON LANDSCAPING CORP. 2/2/01 LEtSU~EVtLLE B~/eton; ge~ch Blvd. & L¢isurcvitle Rd; 4 ROEBELT~I 30 GAL, 4' OAH 2 · ADON~DtA-PALM- 30 GAL-, 7 - 8' 2 FOXTAIL PALM 10' OAH 60 T~It~:t ~ ~-- 3 GAL 70 PLU~BA~ 3 ~AL 10 RED ~ 3 6AL t~ P~E~4 I-GAL 96 FOXTAIL F~N 1 GAL 6 ~OUND ORC~D ~ ~AL ~J~' TOTAL:' sw 4 FO~AIL PA~ 8' OAH ~- - ~I~ l ~ 3 GAL- 16 ~RYAL~5 3 GAL ~- 5~g~- 3 ~ 26 WAX ~AS~NE 3 GAL ~0' VARZEGA~b GZ~ 3 GAL- 12 R~ ~ 3 GAL ~ ~E ~U~- IG~ 36 S~U~ 1 GAL 36 5WORD ~N 1 GAL 3 ~OUND ORC~D t ~ T~-AL: 5W ISTH ST.& WOOOLBR~6HT 36 ~IN~ I t ~ 3 GAL ~ JA~A- 7 GAL ~ VARIEGA~D LIRIOPE ~ GAL ~ TOT4L: TOTAL: 13L71 $ 526.84 tzo.00 S- 2~q.00 280.00 $ §a0.00 11.35~ $~ 68%oo 9,50 $ 665.00 ·14.45- $- 28.90 11.35 $ 113.50 3.5o$- 38~.00 $.88 $ $7::'.48 a.50' $-' 4~q.00 10,50 $ 63.00 4,0551.7Z .UNZ-r. PP;TCE$ t- .L ~ ['-M -TOTAL-. $ 15L71 $ 526.84 $ 350.00 $ ~,4oq.00 $ 225.00 $ 900.00 $ t~.35- $- 181.6o $ 9.50 $ 152.00 $ 9.50 $ 247.00 $- 14.45-$ 3.4'~.50 $ 3.50 $ t26.00 $- :3.88- $ ~7~.60 $ 3.50 $ m&00 $ 3.50 $ 647.50 $ t0.50 $ 3i.50 $ 5;Z65~74 11.35 $ 408.60 2s.50 $ tH.00 3.50 $ 154.oo $ 676~.60 $ 10,001;0~ ~ ~ ~,~'W PROPOSAL FORM .. .~.%,~.~ '" ~J:~ &- -SON LANDSCAPING cORPORATION (COMPANY NAME) 20451 SW 216TH STREET ~COMPANY ADDRESS) ZiP CODE _ 33170 305-255-9206 PHONE NUMBER 10/07/98 59-2384066 DATE SUBMITTED: FEDERAL TAX i;D; # THE CONSTRUCTION OF: ANNUAL ROADWAY LANDSCAPING CONTRACT PALM BEACH COUNTY, .FLORIDA PROJECT #99052 TO THE BOARD OF COUNTY COMMISSIONERS OF .. PALM BEACH COUNTY, FLORIDA: - Wei the undersigned, hereby declare that no person or persons, firm or corporation',' other than the undersigned, are interested in this proposal as principals, and that this proposal is made without collusion with any person, firm, or corporation, and we have carefully and to our full satisfaction examined the Contract Documents, and that we have made a full examination of the location of the proposed work and the source of supply of materials, and we hereby agree to furnish and pay for all necessary labor, equipment, materials and services, fully understanding that the quantities shown herein are approximate only and that we will fully complete al necessary work in accordance with the Contract Documents and the requirements under them of the Engineeri within the time limit specified in this proposal for the following unit prices, to wit: STATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH) This Contract, rr~le this PRIMARY CONTRACT day of A.D. 19_~ by and between PALM BEACH COUNTY, a Political Subdivision of the State of Flodda, (hereinafter called the County), and VII_A & SON LANDSCAPING CORPORATION of MIAMI. FLORIDA. , and (his) (its) (their) heirs, successors, executors, administzators and assigns, (hereinafter called the Contractor): WITNESSETH: The Contractor agrees with the COunty, for the consideration herein mentioned at his, its or their own proper cost and expense to do all the work and furnish all necessary labor, materials, equipment, machinery, toola,.apparatus, services, state .workmen's compensation and unemployment compensation taxes incurred in the performance of the contract, for the: ANNUAL ROADWAY LANDSCAPING CONTRACT PALM BEACH COUNTY, FLORIDA PROJECT t~99052 IN THE AMOUNTS specified in task orders (work order) which may be issued by the County under Condition ~23 and the other terms of the Contract Documents. the County is not required to issue any task orders hereunder, The maximum value of orders issued under this Contract shall not, in any case, exceed SEVEN HUNDRED SIXTY-FIVE THOUSAND DOLLARS ($765,000 (except as may be increased according to Condition ~.39 of the Contract Specifications). Col ~ice of MinoriwIWomen ~usiness Bncerln*ise ~outh MiliL~ty Trail Suite 209 ~es[ Palm Beach. FL 33415 (561) 233-1550 FAX. {5~1) 233-1555 Coun~ Administrator July 27, 199S Vila and Son Landscaping Corp. 20451 S.W. 216 Sixc~: Miami, FL 33170 ' ATTN:. Mr. Ricardo I.,~al LIMITED CERTIFICATION for thc following services: 0781 - Lands/aping (Fertilizing, Planting, Etc.) Expiration date: July 27, 2001 We are pleased to inform you that thc Palm Beach County Ofllc~ of Minon'ty/Woman Bt~'inms Enterprise has nm~ved your codification as an MBE for tht~ (3) years from the dat~ of this leRer. Your fu-m will bo subject to the prowsinns of thc pnlm Beach County Pu..~asing Ordinan~ 93-Z7 and tl~ palm Beach County M/WBE Ordinance 93- ' 28 as amended by Palm B~ch County Ordinunc~ 95-5. All Palm Beach County certifmt minority vendors will be counted toward goal achievement. However, your average gross earnings over the past three years exceed Palm Beach County's M/WBE size standards, rendering your tlrm ineligible for preferential programs such as bid preference, ranking of responsive bidders and point allocation for professional services. You will bc included in thc Palm Bcach County Dircctory ofcortified M/WBE finus. If you wish to bavc your fu'm's listing chan§ed, plcas~ contact our officc at (561) 233-1550. Your company's ccrtification is subjcct to pcriodic rm. icw to vcr/fy your contmucd cligibility. You aw required to notify us, if at al'o,' I/mc, thc minority ownership or control of your firm chan§cs. Failurc tO rcl:J'ort such changcs max' rcsult in your finn bcin§ dcccrtificd. 'Patrida M. Wilhelm MAVBE Specialist . . RECEIVED JUL 3 z V-CONSENT AGENDA CITY OF BOYNTON BEA( ITEM F. AGENDA ITEM REQUEST FO. 01F£821 PH2: Requested City Comm/ssion Meeting Dates [] November 21, 2000 [] December 5, 2000 [] December I9, 2000 [] January2,2001 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.) Requested City Commission Meeting Dates [] January 16, 2001 ] February 6, 2001 [] February 20, 2001 [] March 6,2001 Date Final Form Must be Turned in to City Clerk's Office January 3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Admi~strative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Please place the request below on the March 6m, 2001 City Commission agenda under Consent Agenda. Staffrecommends that this request to extend the Land Development Permit for the East Ridge PUD be approved, as conditioned herein. EXPLANATION: East R/dge is a small, 33 unit P.U.D. south of Gateway Boulevard on the east side of N. E. 4m St. (see attached). The water, sewer, lighting and drainage are in place and there is a fxst lift of asphalt and a model home. Following completion and acceptance of the water system, the original letter of surety was reduced from $82,000 to $42,000. The wastewater system has been accepted for operation only but ownership has not been transferred. To ensure that the system is without encumbrance, staff recommends, prior to approval of the extension, the bill of sale for wastewater improvements be provided to the City. Furthermore, staff would request a surety in the amount of 5% of the original utility costs ($82,000) in order to cover any incidental damages and the warrantee period for the system. This request represents the second request to extend the land development permit originally issued June 9, 1998 for this development. The previous extension, granted on June 20th, 2000, extended the life of the 21-month improvement period for one year, or to March 8, 2001, and was needed to continue with sales negotiations. The land owner/developer decided to sell the project when problems were encountered with the original lender. The subject request is to extend the permit for an additional year, ending March 8, 2002, and as indicated in the attached letter, is in response to further delays which were mainly caused by one potential buyer who backed-out after delaying the closing process for 6-months. Staffunderstands that the project is again under contract, and has had meetings and several conversations with the prospective bayers. However, staffrecommends that the extension be limited to 6 months or to September 8, 2001. Tais shorter time period would be sufficient for the sales ~ansaction but would minimize idle time in the event the new owners do not proceed in good faith. Project status, and a subsequent extension would be considered again at that time. Chapter 6, Article V, Section 6 of the L. D. R. provides for extensions of the original permit not exceed one year, which is required in conjunction with approval of, and agreement for constmctiun of required improvements. J:~SHRDATA~Plannin g~SHARED\WPkP ROJEC TSkEast Ridge~Agenda Item Request Form CC Agenda Item- March 6, 2001.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Land development permits are issued after approval of the final plat by the City Commission. The approval of this extension will allow for the txansfer of ownership, and the continued development of the East Ridge PUD, subject to issuance of all necessmy permits and completion of the project in accordance with the approved master plan (or modification of same through the city's plan modification process). PROGRAM IMPACT: N.A. HSCAL IMPACT: N.A. ALTERNATIVES: Deny the subject request, or shorten or lengthen the expiration period. Attachments: Legend map and extension request. Dev~opment rbepartm~nt']~ector ~ City Manager's Signature City Attorney / Finance / Human Resources J:kS HRDATA~Plan nih gKSHARED\ViPkP RO JECTSkEast Ridgeka. genda Item Request Form CC Agenda Item- March 6, 2001.doc NORTHEAST 20th AVENUE KEY MAP NOT TO SCALE HYPOLUXQ ROAD GATEWAY ROAO S~ECT LO~ATION O~_~AN LOCATION )~Apr NOT TO SCALE Z 0 Requested City Commission Meetin~ Dates [] November 21,2000 [] December 5, 2000 [] December 19, 2000 [] January 2,2001 V-CONSENT AGENDA TTEM G CITY OF BOYNTON BEAC} AGENDA ITEM REQUEST 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 Meetin~ Dates [] January I6,2001 [] February6,2001 [] February 20, 2001 [] March 6,2001 Date Final Form Must be Turned in to City Clerk's Office January 3,200l (5:00 p.m.) Ja:mary 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21,200t (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] Ne~v Business [] Public Heating [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve the incentive payment including building permit charges, dumpster service fees, and tipping fees for construction debris for building renovations at the Boynton Terrace Apartments by the Heritage Company, Inc. And to approve $50,000 from the Neighborhood Projects CIP account for landscaping materials. EXPLANATION: The Heritage Company, Inc. is in the process of filing a tax credit application to the Florida Housing Finance Corporation that will assist and enable Heritage to complete approximately over $3 million dollars worth of building renovations at the Boynton Terrace Apartments located on N. Secrets Blvd. Chapter 8, section 8.1 of the Boynton Beach Code of Ordinances gives the City Commission authority to grant incentives including building permit charges that would normally be paid by a business. The tipping and dumpster fees would need to be paid by the city. PROGRAM IMI~ACT: Boynton Terrace Apartments are located in the heart of they city's Community Re- development Area. The renovation of the apartments can be considered a significant project relative to economic development and improved Hying conditions. By supporting the Heritage tax credit application the city is accomplishing its goals to encourage economic development in accordance to Chapter 8 of the Code of Ordinances. FISCAL IMPACT: Building permit charges that would be grnnted as incentives for this project would total approximately $61,609. Tipping fees are estimated at $25,500 and dumpster service fees are estimated to be $19,800; furthermore, neither would be charged to the company, but would be paid by the city. The $45,300 would be included in the 2001/02 general fund budget. The Neighborhood Projects CIP is currently budgeted at $185,876 and $50,000 would be designated for the Boynton Terrace renovation landscaping. S:\BULLETIN\FORMSkAGENDA iTEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: The city commission may choose not to waive the requested fees. Such action would jeoPardize the success of the Heritage tax credit application. Exhibits: Two letters addressed to the Florida Housing Finance Corporation · Copy of City Ordinance, Chapter 8 7eparmaen[ I~gad'~ ~ig~amre Department Name . City Manager's Signature City Attorney Finance / Haman Resources S:~BULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC Beach The Ci o Bo nton OFFICE OF THE CITY MANAGER 100 E. Boynton Beach Boulepard P.O. Box310 Bo3mton Beach, Flo~da $342X-0510 City Manage~ O~we: (561) 742-6010 FAX: (561) 742.6011 February 5, 2001 Florida Housing Finance Corporation 227 N. Borough St., #5000 Tallahassee, FL 32301 RE: Boynton Terrace Apartments Dear Sir/Madam: This correspondence is intended to convey the City's support of efforts to revitalize and enhance the above referenced housing development, which is located within our Community Redevelopment Area (CRA) and is targeted for neighborhood revitalization by our local government. This letter shall also serve as the Letter of Award of our financial commitment to the Development. As evidence of this support, the City of Boynton Beach is giving waivers (see attached worksheet for calculations) of the following fees: - Waiving of Building Permit Fees - Waiving of Tipping Fees at Landfill $61,609.00 $25,500.00 The proposed rehabilitation of this development is important to the City of Boynton Beach. Should you have any questions please give me a call. Sincerely, CI~EACH Kurt Bressner City Manager Amer~a~s Gateway to the Gulfstream February5,2001 Florida Housing Finance Corporation 227 N. Borough St., #5000 Tallahassee, FL 32301 RE: Boynton Terrace Apartments Dear Sir/Madam: This correspondence is intended to convey the City's support of efforts to revitalize and enhance the above referenced housing development, which is located within our Community Redevelopment Area (CRA) and is targeted for neighborhood revitalization by our local government. This letter shall also serve aa the Letter of Award of our financial commitment to the Development. As evidence of this support, the City of Boynton Beach is giving the following donations: - Donation of Landscaping Materials - (at minimum $50,000 not to exceed $65,000) $50,000 Donation of Dumpsters during Rehab - (see attached letter) $19,845 The proposed rehabilitation of this development is important to the City of Boynton Beach. Should you have any questions please give me a cell. Sincerely, CI~EACH Kurt Bressner City Manager Amerlca~s Gate~ay to tl~e Gulfstream Chapter $ ECONOMIC DEVELOPMENT Sec. 8-1 Economic Development Generally. Sec. 8-2 Economic Development in Planned Industrial Development District. Sec. 8-1 Economic Development Generally. A. Findings. 1. The recitals set forth above are hereby adopted and incorporated by reference herein to the same extent as if set forth here in full. 2. The City Commission does hereby find that it is necessary and appropriate and in the public interest that certain incentives in the form of fee reductions or waivers be provided for new businesses locating within the Redevelopment Area in order to promote economic growth, to expand the ad valorem tax base, to increase job opportunities for all citizens of the City, and to improve the econorcfic condition of the City and its residants and citizens. 3. The City Commission does hereby find that the creation and use of such incentives and their application to certain business in the Redevelopment Area is in the public interest and furthers a public purpose. 4. The City Commission does hereby find that the economic incentives contemplated by this section are consistent with the goals, objectives and principles of the Community Redevelopment Plan for the Redevelopment Aree, as adopted by Ordinance 90-2! enacted on Augnst 7, 1990 (the "Radevelop- ntent Plan"), and such incentives further the purposes of the Redevelopment Plan, and are intended to promote and encourage privam enterprise within the Redevelopment Area as contemplated and provided by Part I11, Chapter 163~ Florida Statutes. B. Eligible Business. The City Commission ,does hereby determine that the economic development mcemives creatad and established by this chapter shall only be granted to a busings now located in the Redevelopment Area which is improving or enlarging its place of business within the Redevelopment Area or a business locating a new place of business within the Redevelopment Area. Any business satisfying the conditions of this division is hereinafter referred to as an 'Eligible Bnsiness,' which may, in its discretion, file an application with the City as provided below requesting one or more of the economic incentives established by this section subject to the review, discretion and approval of the City Commission. Nothing in this section is intended or should be construed or applied as creating or granting any vested fight in any Elig~le Business to be entitled to any or all of the economic incentives established by this section not that there is any obligation or duty on the pan of the City or the City Commission to consider, approve, grant or provide any or all of the economic incentives esUblishad by this section to any person, including an Eligible Business. C. Waiver of Impact Fees. Upon an application from an Eligible Business and recommendation of the City Manager as provided in Division E. below, the City Commission may, in its discretion and subject to such conditions as it may establish, waive the payment of impact fees by the Eligible Business and the City shall pay from legally available funds the amount of such impact fees by whatever name known that would have othervaze been paid by the Eligible Business in the absence of such approval by the City Commission and cause that payment to be deposited in the fund or account in which the impact fees are customarily deposited. For purposes of this division, 'in~act fees' means a land development regulatory fee charged to new development which creates a need for capital in?rovaments. D. Waiver of Building Permit Fees. Upon an application from an Eligible Business and recommendation of the City Manager as provided in division E. below, the City Commi~ion may, in its discretion and subject to such conditions as it may establish, waive the payment of building permit fees for the construction or improv~m~ts being done by the Eligible Business in the Redevelopment Area. For purposes of this division, "building permit fees" 1 I~7S~ 2 Boynton Beach Code means those fees charged by the City for reviewing and inspecting structural, mechanical, plumbing, gas and electrical construction in the City. E. Water and Sewer Facilities Comtmction and Installation. Upon an application from an Eligible Business and recommendation of the City Manager as provided in division E. below, the City Commission may, in its discretion and subject to such condifiom as it may es~blish, authorize and pwvide for the paymem by the City of the cost w construct and im~ll improvements ~o the City's water or sewer system, or both, which are not located on property owned by the Eligible Business, but which are necessary or required in order for the Eligible Business to loca~e in the Redevelopment Area. For purposes of this division, 'improvements to the City's water and sewer system" means improvemems not located on property owned by the Eligible Business such as lift stations, water lines, sewer lines, or oversized lines, but does not include any connections or any improvements located on property owned by the Eligible Business. F. Procedure for Economic Incentive Applicafiom. The City Manager shall e~blish appropriate forms and procedures for the filing of an application by an Eligible Business for any of the economic developmera incentives established by divisions C., D., andE. of thi~ C.~. Upon recoipt of an application the City Manager shah review the application and determine (1) the applicant is in fac~ an Eligible Business, (2) the economic ck, velopment and appropriate to encourage the Eligible Busings to locate in the Redevelopmem Area or to imp. rove or enlarge an existing location wlthin the Redevelopmant Area, (3) the amount of funds necessary to pay for such economic development incentive being requested, and (4) sufficient funds are available ~o the City to pay such com. Upon makin~ such a determimtion, the City Manager shall notify the City Commission of the application and recommend to th~ City Commi~ion wbetber th~ application should be approved, approved with conditions, or denied. The City Co .remission shall consider the application and the City Manager's £ecommendndon at its nex~ regular or.special me~ing following receipt of the City Mamger's recommendation. At that time the City Commission may, in its discretion, accept the City Manager's recommepd~tion or ge such other action as the Couuuission deems to be necessary and appropriate, includin~ ~ablishin~ conditions m the approval of the economic developmem incentives were not recouu~ended by the City Manager, but the City Commi~ion may not e~large or iucrease the amoum or exte~ of the economic development incentive beyond that requestod by the Eligible Business in its application filed with the City Manager. G. Implementing Actions Authorized. The appropriate City officials are hereby authorized and direaed to ~ such a~iom as are necmsar~ to implmnent the provisions of this section. H. Rapom to the City Commission. The City Manager is hereby directed to periodically from time to time report to the City Commission as to the use of the economic development incentives established by this section, including information as to the number of new or enlarged or improved business facilities in the Redevelopme~ Area subjec~ to such incentives, the number requeming such incentives, the dollar value of tim incentives to the businesses requestin~ them, and the numb~ of jobs created as a result of such facilities being located within the Redevelopment Area and tim amount of increase in tbe City's ad valorem tax base or other increases in City reveanes. The City IVlanager may at any time make recomrn~u- dations to the City Commi*sion regarding the modification of economic development incentives or Cul~ilil~ or Ollmln~tin..~ th~ll based n~n ~ experien~ of tl~ City with such incentives and tl~ir effectiveness. (Ord. No. 96-46, §§ 1-8, 11-11-96) Sec 8-2. Eeonomic Deydol3me~ in ptonned htdimU'id DeVdolxnent _'.District. 1. Tbe recitals s~t forth above are hereby adopted and incorporated by reference herein to the same extem as if set forth here in full. 9. The City Commission do~ hereby find that it is necessary and appropriate that certain 1997 S-6 Requested City Commission [] D~=mber 5, 2000 [] D~:~mber 19~ 2000 V'CONSENT AGENDA ~ ':: ITEM H. CITY OF BOYNTON BEAC[ AGENDA ITEM REQUEST Date Final Forra Must be Tttmed in to CiW Clerk's Offico November 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) D~mber 20, 2000 (5:00 p.m.) Requ~d City Commission Meeting Dates [] January 16,2001 [] Febma~ 6, 2001 [] Februaw 20, 2001 [] Mamh 6, 2001 Date Final Form Must be Turned to CiW Clerk's Office Janumy 3, 2001 (5:00 p.m.) lanua~ 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21, 2001 (5:00 p.m.) NATURE OF AGENDA ri'EM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Henring [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Motion to affirm the City Manager's appointment of Paul M. Fleming as Senior Project Manager for the Engineering Department. EXPLANATION: The selection process for the Senior Project Manager position has resulted in Paul M. Fleming being identified as the best possible candidate for the position. Mr. Fleming has been offered an appointment letter (copy attached) which spells out the terms and conditions of his employment. A copy of Mr. Fleming's resume is attached as well. PROGRAM IMI~ACT: The hiring of a Senior Project Manager is another step in the rounding out of the new Engineering Department. The Senior Project Manager will be fully responsible for managing all of the capital improvement projects in the City. FISCAL IMPACT: Funds are budgeted within the current operating budget for this poSition. S:~BULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Not to hire a Senior Project Manager. Department Head'~ignarare Department Name City Attorney / Finance / Human Resources The City of Borvnton Beach OFFICE OF TI~E CITY MANAGER 1 O0 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 City ManagePs Office: (561) 74£-6010 FAX: (561) 742-6011 e.mail: c~ty. manager@cLboynto~beach.fl, us ~.cLhoynton-heach.fl. us February 23,200t Mr. Paul M. Fleming 711 Hummingbird Way, No. 204 North Palm Beach, FL 33408 Appointment Letter - Senior Project Manager City of Boynton Beach Dear Mr. Fleming: I am pleased to offer you an appointment as the Senior Project Manager under the following terms and conditions: By accepting this position you are representing to the City that you have the professional expertise and experience to perform the services to be provided by you pursuant to the terms of this Agreement. You have been advised and understand that the position you are accepting is not a civil service position and the City's Civil Service Rules and Regulations are not applicable to you. By entering into this agreement, you waive all rights under the City's Civil Service system. You will be an at will employee of the City and you acknowledge that there has been no representation or promise, expressed or implied fixing the term of your appointment, except as provided for herein. The job description for Senior Project Manager is attached as Exhibit "A, and you agree to provide the City with the services included in that job description. Except as otherwise expressly provided by this Appointment, as Senior Project Manager you shall at all times: a. devote all your time, attention, knowledge, and skill solely and exclusively to the bUsiness and interests of the City during normal working hours and at City related events after normal business hours. b. perform your duties and obligations faithfully, industriously, and to the best of your ability. Mr. Paul M. Fleming Page 2 c. not engage in conflicting outside employment except with prior written authorization of the City Manager or his designee. d. keep the City Manager or his designee fully informed in advance of all travel and activities that take you out of the office for more than a day at a time. All travel must receive prior written approval of the City Manager or his designee. We will, review and evaluate your performance at least bi-annually in advance of the adoption of the annual operating budget. The review and evaluation shall be in accordance with performance cmeria developed by the City Manager or his designee, which criteria must be provided to you in advance of the commencement of the period of evaluation. The initial performance criteria ~s as set forth on Exhibit "B", attached hereto. The criteria may be added to or deleted from as the City Manager or his designee may from time to time determine, except that you shall not be evaluated for tasks if no performance criteria have been established. At your first six-month evaluation, provided you have achieved the goals set forth by the City Manager or his designee, you will be eligible to receive a performance bonus of $2,500. During the second six-month evaluation, provided you have achieved the goals set forth by the City Manager or his designee, you will be ehgible to receive up to an additional two (2) performance bonus payments of $2,500 each. Further, the City Manager or his designee, shall provide to you a summary written statement of the evaluation and provide an adequate opportunity for you to discuss your evaluation with the City Manager or his designee. Periodically, you will meet with the City Manager or his designee and define such goals and performance objectives that are determined necessary in attainment of the objectives and shall further establish a relative priority among those various goals and objectives, which shall be reduced to writing. Such goals and objectives shall be generally attainable within the nme limitations as specified in the annual operating and capital budgets and appropriations provided by the City. Compensation reviews are not subject to any specific formula applicable to other City personnel. Wage adjustments shall be at the sole discretion of the City Manager or his designee and are subject to the appropriation of funds by the City Commission. You shall receive an annual salary of FIFTY-FIVE THOUSAND ($55,000) DOLLARS, payable in equal installments paid at the same intervals as the City's management personnel are paid. The City shall pay or reimburse you consistenl with reimbursement policies for City managerial employees. You shall receive the same Health Insurance benefit provided to non-union City employees hired after 10/1/91. You shall receive the same benefit Disability Insurance provided to non-un/on City employees hired after 10/1 91. You shall receive the same Life Insurance benefit provided to non-union City employees hired after 10/1/91. America's (~ateway to ~[~e Gulfs~eam Mr. Paul M. Fleming Page 3 You shall receive the same Retirement System benefit provided to non-un/on employees hired after 10/1/91. You shall be cmtitled to observe the same paid legal holidays as non-union employees hired after 10/1/91. You shall be entitled to observe the same vacation accrual as non-union managerial employees hired after 10/1/91. You shall accumulate sick leave as provided under the rules and regulations for other managerial employees of the City, including pay-out for unused sick leave on termination based on the standard for employees of the City hired after October 1, 1991. The City shall: a. defend and indemnify you against ail claims and actions, civil or criminal, provided the claims or actions arise out of and in the course of the performance of your duties and responsibilities pursuant to this Appointment; and b. pay any judgment that may be entered against you in a civil action arising out of and in the course of the performance of your duties and responsibilities pursuant to this Appointment, except a judgment based on intentional wrongdoing by you. c. reserves the rights to select, appoint, retain, or discharge legal counsel necessary to provide the foregoing defense. Your appointment and the term of this Appointment shall commence on the date of execution. It is anticipated that your start date with the City shall be March 12, 2001. This Appointment shall terminate: a. at any time by mutual agrec~nent of you and the City; b. upon your sustained inability for all or substantially all of 180 calendar days in a 190 day period to perform all or substantially all of your duties and obligations pursuant to this Appointment as a result of physical or mental illness or condition, which inability shall be verified at the City's expense (to the extent not covered by applicable medical insurance maintained by the City) by a licensed physician mutually agreed upon by you and the City, provided that state or federal law or regulation would not preclude or prohibit your separati°n under the condition. In the event the parties are unable to mutually agree on a physician within fifteen days of a request for selection, the examining physician will be selected solely by the City. c. at any time by the City Manager or his designee's and City Commissions' unilateral termination of your Appointment for the position. d. your death. America's Gate~ay to the Gulfstream Mr. Paul M. Fleming Page 4 e. your resignation. A resignation shall be submitted in writing and shall provide for an actual resignation date no later than forty-five (45) days following the date of notice of resignation. Unilateral termination shall be in writing, signed by the City Manager or his designee, and need not reflect performance-related reasons. If this Appointment is terminated by unilateral action by the City Manager or his designee, you shall be entitled only to: a. reimbursement for as-yet unreimbursed expenses pursuant to this Appointment; b. an amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/1/91; c. an amount for accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/1/91. d. Prorated base salary for the effective date of the termination plus ninety (90) days, calculated as follows: Employees annual base salary shall be divided by 365 days, and that sum shall be multiplied by 90 days, less customary withholding. If this Appointment terminates upon mutual agreement of the parties, you shall be entitled to: reimbursement for as-yet unreimbursed expenses pursuant to this Appointment; b. an amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law. according to the schedule/formula for non-union employees hired after 10/1/91; c. an amount for accrued and unused sick leave, not to exceed the maxtmum number of days permitted by law, according to the schedule/formula for non-umon employees hired after 10/1/91; If this appoinrment terminates due to your physical disability or death, you or your guardian or personal representative shall be entitled only to the following compensation and benefits: a. base salary through the last day that you performed services to or on behalf of the CITY; b. reimbursement for as-yet unre~mbursed expenses pursuant to this Appointment; c. an amount for accrued and unused sick and vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/1/91; and America's Ga~e~ay ~o ~he Gulfstream Mr. Paul M. Fleming Page 5 d. life and/or disability benefits if applicable. If this appointment terminates due to your resignation, you shall be entitled only to the following compensation and benefits: a. base salary through the date of resignation or such other date as mutually agreed to between you and the City Manager or his designee b. reimbursement for as-yet unreimbursed expenses pursuant to this Appointment; c. an mount for accrued and unused sick and vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/1/91; d. life and/or disability benefits if applicable. No modification of or amendment to this Appointment shall be valid unless reduced to writing and signed by both parties. No collective-bargaining agreement to which the CITY is a party shall in whole or in part govern, apPly to, or be deemed part of or incorporated into this appointment. Any civil action arising out of this Appointment or the nonperformance or breach of any covenant contained in it shall be brought only in Palm Beach County, Florida. The CITY's waiver of any breach of any term, condition, or covenant of this Appointment shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this appointment. This Agreement shall be binding On and inure to the benefit of: a. Your heirs and personal representatives; and b. the City regardless of changes in the persons holding office as members of the City. If any provision of this Appointment or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, the provision shall be ineffective to the extent of such prohibition or invalidity without invahdating the remaining provisions of this Appointment or their application to other parties or circumstances. This Appointment and the terms, conditions, and covenants contained in it shall be governed by and construed in accordance with the laws of the State of Florida. America's Ga~e~ay to ~l~e Gulfstream Mr. Paul M. Fleming Page 6 This Appointment Letter contains the entire agreement between the City and you. All prior agreements and understandings, whether written or oral, pertaining to the City's appointment of you are fully abrogated and ofn° further force and effect from and after the date of this Appointment letter. Regardless of which party's counsel prepared the original draft and subsequent revisions of this Appointment, and the City and their respective counsel have had equal opportunity to contribute to and have contributed to its contents, and this Appointment shall not be deemed to be the product of and, therefore, construed against either of them. The omission from this letter of a term or provision contained in an earlier draft of the letter shall have no evidentiary significance regarding the intent of the parties. If the foregoing terms and conditions are acceptable to you, please sign the original of this letter in the space provided below and return it to me. Sincerely, CITY OF BOYNTON BEACH Kurt Bressner City Manager PAUL M. FLEMING s:ca~agr\empWleming022001 Dated: America's Ga~e~ay ~o ~he ~ulfs~ream Requested City Commission Meetin~ Dates [] November 21, 2000 [] December 5, 2000 [] December 19, 2000 [] January 2, 2001 VI-CITY MANAGER'S REPORT CITY OF BOYNTON BEACId ITEH A AGENDA ITEM REQUEST FOL,_ Date Final Form Must be Turned in to CiW Clerk's Office November 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) Requested City Commission Meeting Dates [] January 16,2001 [] February 6, 2001 [] February 20~ 2001 [] March 6, 2001 Date Final Form Must be Turned in to City Clerk's Office January 3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Public Works Department - Storm Debris Removal Presentation EXPLANATION: To present to Commission a Storm Debris Removal Plan from the Public Works Department PROGRAM IMPACT: N/A FISCAL IMPACT: N/A f~ Public Works Department Department Nme City'l(/lfin~e-r's Signamre City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC PUBTC WORKS DFPARTMENT Memorandum TO: FROM: ~Teffrey Livergood, Public Works birector Christine Roberts, Assistan, Public Works birector SUB,T: bisaster Response Plan - Storm Debris Removal Report bATE: February 20, 2001 Disaster Response Plan Storm Debris Removal The City of Boynton Beach and the Public Works bepartment is very proactive when planning for and cleaning up after o major disaster. There are two different types of disasters that we plan for. The first type of disaster is somewhat predictable in that we are given some warning prior to the event (i.e. hurricanesl tropical storms, floods), the second type is totally unpredictable (i.e., tornadoes and man made disasters). The two types of events are handled similarly once the event has occurred. However, in the predictable event there are more steps in the preplanning sequence. There ore many variables when dealing with a disaster, for example, if a major hurricane takes a hit on South Florida the jurisdiction and cleanup efforts could be directed specifically from the County Emergency Operations Center. When minor storms occur, the County and City work together to coordinate cleanup efforts affecting the individual cities. The Public Works Department has a Hurricane Preparedness Procedure Manual that is continually updated throughout the year. The Manual is used os a guide for instruction before, during and after a disaster. The Manual keeps updated phone numbers and addresses of all pertinent personnel who are required to work during a disaster and gives detailed instructions as to actions during the different phases of a disaster. Listed on the following page is an outline of pre-planning phases prior to, during, and after a major disaster that the Public Works bepartment follows: Pre Evenf Planninq: YZ Hours Prior 7'o ~cheduled Arrival: The Public Works Emergency Departmental Committee meets to discuss strategy. The Public Works Emergency Departmental Committee consists of: Public Works Director, Assistant Public Works Director, Facilities AAanagement Supervisor, Fleet Administrator, Solid Waste N~anager, Streets Maintenance Supervisor. Transportation Supervisor and the Administrative Assistant, end staff from other City Departments if appropriate. Strategies and implementation that are discussed during this time consist of, -Contact our "on-call" fuel vendor end arrange alternati.ve fuel site, -Contact debris removal contractor and place on a stand-by status, -Procure necessary supplies, -Distribute hurricane preparedness procedural manuals to staff, -Obtain hurricane supplies from the City Warehouse, -Start shutter installations on City buildings, -Pickup loose debris from City buildings and Public Works Complex, -Notify all departments to fuel vehicles, -Order fuel, -Keep division personnel informed of conditions, -I~eview fleet special application vehicle list, -Keep in contact with the City Emergency Operations Center, -Discuss vehicle/heavy equipment deployment sites within the City, -Check chain saws, fuel, oil. q8 Hours pr/br to ~cheduled Arr/val: The following stretegies and implementation commence: -Keep all departmental personnel informed of conditions, -]~nsure ell materials and equipment is ready and standing by, -Keep in contact with the Emergency Operation Center and inform ell participants of any/all unusual circumstances that may complicate preparedness preperations, -Discuss with debris removal contractor the following: · Personnel staffing strengths in the region · Pre-assigned equipment in the recj~on · Landfill and Transfer station locations 48 Hout.s Pr.lot. fo At.t./va/ - Conffnued · Alternate sites fay disposal located within the City · The Contractual Emergency Response Team is placed on a ;>4-hour alert -Check generators for proper function and confirm fuel tanks are full, -Help setup EOC as necessary, -Pass out plastic bags, visqueen, and masking tope to all departments for covering their computer equipment, -Committee shall determine when all essential personnel will be released to go to their respective residents to secure their properties against any pending disaster, and will issue instruction on when and where to report back to work, -Conduct a sweep of the city picking up trash from all streets, -]:ssue press release regarding garbage/trash pickup requirements based upon latest information from the Solid Waste Authority. 24-/-/out.s Pt.~at. fo .~cheduled Am/va/: The following plans and implementation commence: -Office administration staff will secure the administration office and individual workspace, -Prior to all non-essential staff being released to go home there will be a review of post storm duties and requirements, -A standing order will commence that all personnel shall be off the streets at the point when wind speeds reach §0 MPH, -Assure all vehicles are fully fueled and parked in designated locations (i.e., either in the Public Works Complex or at alternate sites for storm cleanup), -Fill all water coolers, -Check all portable generators and fill fuel cans, -Ensure all portable radios are charged, -Ready the Fleet Maintenance service trucks, -Remove trash from city streets prior to storm, -Discontinue Shopper Hopper services, -Establish a direct contact with Palm Tran of Palm Beach County for possible assistance from Shopper Hopper buses in the event of the need for mass .evacuation of people in flood prone areas. J2-/-/ou~-s p~"/or ~'o ~cheduled Arrival; The following plans and implementation commence: -Send all non-essential personnel home, -Public Works Director/Asst. Director report to the primary EOC, located in the Utilities East Plant on Woolbright I~oad, -Fleet Administrator shall report to the secondary EOC at Bethesda, Memorial Hospital, -The Facilities Manager will report to the third EOC at Fire 5ration #3, -Personnel assigned to man cleonup stations shall report to assigned locations, -All employees are reminded prior to leaving to monitor local updotes of the storm by calling the employee hotline. At this point all personnel and equipment shall be in place for the arrival of the storm. The areas noted below are intended to estoblish a minimum amount of equipment and personnel that will be deployable immediately upon the "All Clear" after a damaging hurricane causing main traffic arterial blockage has occurred. While there will be many other vehicles and equipment in most areas, the following minimum standards will be available: AreaYYJ - Public Works Compound ,Solid Waste bivision - All available solid waste vehicles are suitable for high water emergency evacuation in sustained depths up to ?4 inches and occasionally up to 3§ inches and in winds up to §0 MPH. There will be two clam buckets with operators, and two scow bodies with operators available. There will also be two pickup trucks staffed by two employees each with chain saws on each truck. Vehicle Maintenance Division - They will be ready to provide emergency fuel at the Public Works Complex only and will be ready to provide emergency road service for flat tire repair. Are~2 - Be~hesdd A4emor/dl I-Iosp/~dl Two vehicles suitable for high water emergency evacuation, ! - 4X4 ~Tohn Deer Loader for right-of way clearing and high water operations, two clam buckets with operators and one scow body with an operator for debris removal. Two vehicles suitable for high water emergency evacuation, one street tractor loader for clearing right-of -ways and one clam bucket with and operator, and one scow body with and operator for bulk trash removal. NOTE; The debris removal contractor may also be asked to place equipment 'n various lace, ions ,hroughou, the city. Post $?orm Cleonup Procedures This phase of the operation is to coordinate the efforts of the entire Department of Public Works. All requests for assistance from the Public Works bepartment that will require manpower and equipment will be directed to the supervisor/coordinator of the logistics effort by telephone or two-way radio. The logistics coordinator shall maintain as close as possible, constant contact with the primary EOC (Public Works Director and Assistant Public Works Director will be sharing the EOC responsibilities), and shall relay all pertinent messages to operations in the field as soon as possible after receiving such messages. The Fleet Administrator will be responsible for the logistics portion of the post storm procedures. Logistics will insure that all requested and assigned equipment needed will be available, including all city owned and operated equipment regardless of the normal status of ownership or assignment with the possible exemption of certain Utilities Department vehicles. The Administrative, Assistant will be responsible for all financial records keeping, utilizing whatever resources material/personnel needed to ensure complete documentation of all aspects of the cleanup effort. The Public Works Director and Assistant Director will be the administrators, coordinating the effort in support of all departments and the City. Pos? $?orm ~"le~nup Procedures - Co#?/nued~ The Solid Waste Manager will be in charge of the entire operations portion. Operations will consider the priorities set forth by the EOC as the first sewed, especially in selection of rights of way and accesses to buildings and structures that will be cleared first and made accessible as soon as possible, and will keep EOC apprised of the p~og~ess in a timely manner. ];n the event of widespread destruction where multiple shifts or days are Pequired, the Public Works Director will aPrange for the wo~k fo~ce to be divided into two work groups that will be on duty in 12-hour increments each, and/or such othe~ shift lengths that may pPove to be beneficial to the City and its residents. Once the storm has passed and an "all clear" is given employees will be notified to return to work. The Public Works Department maintains two high priorities once a storm has passed. The first priority is to provide road clearance to open arterial roads and collector streets which is essential in order to provide access for emergency vehicles and other equipment involved in the protection of public health and safety. Road clearance consists of pushing the debris out of the roadway to provide clear access. This sometimes requires crews to go out and cut up trees using chain saws, the main objective at this point is clearing the roadways. The next priority is ?o establish a damage assessment report. This is done using crews and the debris removal contractor. The EOC may decide to divide the affected area into quadrants so multiple crews would be used to determine damage assessment. Following a disaster event, there are usually several different types of debris including: Vegetative debris (e.g. tree limbs, branches, etc.) Construction or mixed building debris Hazardous materials All of the types of material mentioned above must be assessed as to amount. Equations for volume are used in determining eligible reimbursement f~om FEMA. When the damage assessment is complete, a potential recovery plan is prepared. Once resource needs have been quantified the cleanup crews Pos? Storm Cleanup Procedures - ConHnu~d . are mobilized. The Public Works Director and staff [including the debris management contractorl meet twice daily to discuss: -Progress of the cleanup effort -Priority or sensitive cleanup areas -Homeowner concerns or feedback -EnvironmentaJ concerns -Additional equipment or personnel needs The Public Works Department works closely with the County EOC and the City EOC during this time. Arrangements are made through the Solid Waste Authority for alternative sites and extended hours to take disposal. The Department also uses the Rolling Green Complex site to temporarily store debris that is removed from the streets. If the State Governor than has declared the area disastrous most costs pertaining to the storm are reimbursable from FEMA. The Public Works Department is very proactive in keeping accurate records for reimbursement and we work very closely with the Finance Department in coordinating the requ~ red data. Fiscal .~mp~ct/$ummory The last hurricane that affected Boynton Beach was Hurricane Irene, which occurred unexpectedly in October of [99cJ. The Public Works staff was one of the first departments to respond after the storm to clear the blocked roadways. A command outpost was set up at the Public Works Administration office and crews from Public Works, Utilities and Parks were directed from that office. Close contact was kept with the Communication Division relaying information from police officers and fire fighters as to what roads were blocked. The City EOC did not open, as this was an unexpected storm. The cleanup effort lasted approximately two weeks. During that time approximately 6-months worth of vegetation was picked up. The Solid Waste Authority set up alternate dumpsites with no tipping fees incurred. The Public Works Department also hauled debris to the Rolling Green Complex for a temporary location in order to speed up the clearing 7 ?/scsi [m/~cf?$umm~/~, - c'onf/nued process. Vegetation was the biggest issue, and some street repair was performed due to flooded and sinking streets. A total of lc9 employees worked [.33 overtime hours in a two-week period. The City was reimbursed total of $72,2.39 from FEMA for cleanup reimbursement. Disaster mitigation can have a large impact on the City's budget. ]:t is nearly impossible to budget for an unexpected worse case disaster. For this reason the federal government in cooperation with local agencies through FEMA provide financial relief to local taxpayers in a time of need. The Federal Emergency Management Assistant program (FEMA) reimburses up to 75% of costs associated with a major disaster. The .State also has funding available for any costs over the 7§% reimbursement level. For other minor disasters that would not be considered reimbursable through FEMA, the City has set aside 110% of the annual city-wide budget in reserve funds to cover any costs incurred by a minor disaster. ];n closing, being in 5outh Florida, the staff at Public Works fully understands the magnitude, power, and chaos a hurricane has on our community. A severe storm event can be devastating to both reel property and people's moral. How a community cleans up after a storm is the best measure of its commitment to restore hope within its people. The Public Works Department fully understands the importance of cleaning up quickly and efficiently. We are committed to providing the best disaster response that we possibly can. Requested City Commission Meeting Dates [] November 21,2000 [] December 5,2000 [] December 19, 2000 [] January 2, 2001 VI-CITY MANAGER'S REPORT ITEM B CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOmw 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 Ci;y Commission Meetin~ Dates [] January 16,200l [] 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 I7, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21, 2001 (5:00 p.m.) NATURE OF AGENDAITEM ~] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Motion to authorize staff to continue to explore refinancing of the 1992 Water & Sewer Revenue Bonds and to issue an RFP for an underwriter. EXPLANATION: In 1992 the City issuedWater & Sewer Revenue Bonds with interest rates rangeimg from 5.60% to 6.25%. It is possible a portion of these bonds ($22,635,000) may be refinanced at an economic benefit to the City. Present interest rates are lower than the interest rates established when the 1992 bonds were issued. PROGRAM IMPACT: None - Water/Sewer projects listed in original 1992 bonds would remain the same. FISCAL IMPACT: Potential savings to the City. ALTERNATIVES: Continue with current debt service payments if economic benefit is not suficient to warrant refinancing. Department Head's Signature Finance Department Name ~~'ignamre City Attomey/ Finance / Human Resources S:\BULLETINSFOKMS~kGENDA ITEM KEQUEST FORM.DOC Requested City Commission Meetina 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 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 Ci~ Commission Meetin~ Dates [] January 16,2001 [] February 6, 2001 [] February 20, 2001 [] Mamh 6,2001 X-NEW BUSINESS; ITEM B 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.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation RECOMW[ENDATION: EXPLANATION: PROGRAM IMPACT: Schedule Special City Commission MeeUng for the purpose of accepting the election results and adminstration of oaths of office to new City Commissioners. In accordance with Section 144 of the City Charter, a meeting must be held within three days after an election to accept the results and administer oaths of office to the new officials.. A suggestion would be to conduct this special meeting either prior to, or immediately following the Agenda Preview Conference that will be held on March 1.5, 2001.. FISCAL IMI~ACT: ALTER.NATIvEs: Sue ,r~a-~e, City Clerk City Manager's Signature City Clerk's Office Department Name City Attorney / Finance / Human Resources 02/22/2001 8:I0 AM jmp \\ch\maint{shrdata\cc\wp\elect!on\agenda request memos\request for special meeting to accept election results 2001.dot S:LI3ULLET[N~FORIvIS~,GENDA ITEM REQUEST FORM.DOC Requested City Commission Meeting Dates [] November 2 t. 2000 [] December 5,2000 [] December lg. 2000 [] January 2.2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cit,. ,ZIerk'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 Ci.ty Corrm'fission Meetin~ Dates [] January 16. 2001 [] February 6. 1001 --- February 20. 2001 March 6, 2001 X-NEW BUSINESS, ITEM C Date Final Form Must be Turned m 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.) NATLrRE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation RECOMMENDATION: Approval by Motion of Proposed Commumty Activity Grants EXPLANATION: Pursuant to Resolution, the City ComnUssion may authorize Commission members use of Community Investment Funds. The following is a list of proposed activities as suggested by members of the City Cormmssion with an estimated cost of each: Mayor Broening $5000 to City of Boynton Beach - Ammal Control for Security Fence $5000 to City of Boymon Beach ro purchase clock $1500 to City of Boynton Beach PALS Program Vice-Mayor Weiland $1500 for City of Boynton Beach PALS Program $3000 for City of Boynton Beach - Forest Park Park - Playground Equipment to augment $12.000 Budget item Commissioner Ferguson $4000 to Library for Youth (Teen) Literacy Program PROGRAM IMPACT: The program is designed to provide for commumty improvements based on recomamendations of members of the City Commission. These improvements may consist of improvemem to park properties, installation of architectural features on city property or other activities benefiting the public. FISCAL IMPACT: Funds are included in the current budget for these proposest ALTERNATIVES: Do not approve all or part of the above requests. ~~', ~y/~ ,~ ~ Department Head's Signature t Cit~vlanager's Signatore Department Name City Attorney Finance / Human Resources S:~BULLETIN~OPdVIS~AGENDA ITEM REQUEST FORM.DOC XI-LEGAL ITEM A.1 ORDINANCE NO. O 01- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 2. ADMINISTRATION, ARTICLE IX. SENIOR ADVISORY BOARD, SUBSECTION 2-145, MEETINGS; TO ALLOW THE SENIOR ADVISORY BOARD TO MEET QUARTERLY "AS NEEDED", RATHER THAN ON A REGULAR MONTHLY BASIS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIlelCATION AND AN EFFECTIVE DATE. WHEREAS, after a review of the goals of the Task Force, the Senior Advisory Board has concluded that the major issues facing this board have been resolved; and WHEREAS, the City Commission has received a recommendation fi:om the Senior Advisory Board to discontinue the regularly scheduled monthly meeting of the Board and to allow them to meet on a" as needed" basis; and WltEREAS, it is the desire of the City Commission of the City of Boynton Beach, Florida, to amend Chapter 2. Administration, Article XL Senior Advisory Board. Subsection 2-145, Meetings., to allow the Board to discontinue regularly scheduled monthly meetings and to meet quarterly on an "as needed" basis; NOW THEREFORE, BE IT ORDAINED BY TIlE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, TltAT: Section 1. Each Whereas clause set forth above is tree and correct and incorporated herein by this reference. Section2. That Chapter 2. Administration, Article XI. Senior Advisory loard. Subsection 2-145, Meetings. is hereby amended by adding the words and figures a underlined type and deleting the figures in s~xuck-through type as follows: See. 2445. Meetings. The board shall meet .~ .... : ........... --, .......... -~ ...... ., -- n=:;:;=9', quarterly on an "as ncedcd" for the transaction of business. Its meefings shall bc open to the public. The board may establish its own meeting roles and procedures for the conduct of its business. Four (4) members shall constitute a quorum. ~md. Chapter'2_-Seni~ Adv Bd meetings 020901 Section 3. Each and every other part of Chapter 2. Article IX. Senior Advisory Board, not herein specifically amended shall remain in full force and effect. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Should any section or provision of this ordinance or any pomon thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 6. Authority is hereby given to codify this Ordinance. Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this day of February, 2001. SECOND, FINAL READING AND PASSAGE this day of March, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: CityClerk ~,md. Chapte~.-Senior,'N:lv Bd meetings 020901 Senior ~,dviSo~.9 l~x~d CL-'9 or l~ogncon ~,ch lanuary 8, 2001 Honorable Mayor Gerald Broening Commissioners City o£Boynton Beach The Senior Advisory Board voted-~mously at Our meetin~ today, to discontinue monthly meetinss and to meet quarted~ as needed. In reviewing the goals of the Task Force, we have concluded that the major ~,oblems presented by the senior~ ofthl, City have been resolved and we are deeply 8rateful to the government of this City as well as the ~ooperation of the staff ~' The present Senior Center, under the Leisure Services/Recreagon ck-pm t~nt, has a very active Advisory Board which oversees the Senior Center. We have comnmnicated with them and are assured tlLat when chanses are planned, we will be wo~t-ln_~ with Rlis Board and the Stafll. Betty Coil~-s. Chairman Senior Advisory Board S nio Adviso g Ck j oi: l )ogncon l )c ch i-Il-d/ .~anuary 8, 2001 Honorable Mayor Gerald Broening Commissioners City of Boynton Beach Dear Mayor, The SeniOr Advisory Board voted unanimously at Our mee6~ today, to discontinue monthly meetings and to meet quarterly as needed. In reviewing the goals of the Task Force, we have concluded that the major problems presented by the seniors of this City have been resolved and we are deeply grateful to the 8ovemment of this City as well as the cooperation of the staff. The present Senior Center, under the Leisure Services/Recreation depaxtaient, has a very active Advisory Board which oversees the Senior Center. We have communicated with them and are assured that when changes are planned, we will be working with this Board and the Staff. Wally Ma~ors has demoniua~ed a sincere awareness o£the needs of Seniors. We are s~istied that any problems which may surface, will be handled in a profi~onsi maimer. Thank you for your support. Sincerely, Betty Collins, Chairmall Senior Advisory Board XI-LEGAL ITEM A. 2 ORDINANCE NO. O 01- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 1.5 PLANNING AND DEVELOPMENT GENERALLY. ARTICLE I. IN GENERAL, SECTION 3.B., TO PROVIDE THAT THE REGULARLY SCHEDULED MEETING OF THE PLANNING AND DEVELOPMENT BOARD SHALL BE HELD ON THE FOURTH TUESDAY OF EACH MONTH; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission has received a recommendation from Depamnent of DeVelopment s!aff to amend Chapter 1.5 Planning and Development Generally.", Article I. In General, Section 3.B. to provide that there shall be one monthly regularly scheduled meeting of the Planning and Development Board, and that meeting shall be held on the fourth Tuesday of each and every month. WHEREAS, it is the desire of the City Commission of the City of Boynton Beach, Florida, to amend Chapter 1.5. Planning and Development Generally., Article I. Section 3.B., to provide that there shall be one monthly regularly scheduled meeting of the Planning and Development Board, and that meeting shall be held on the fourth Tuesday of each and every month. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is mae and correct and incorporated herein by this reference. Section 2. That Chapter 1.5 Planning and Development Generally. , Article I. IISectiol 3.B is hereby amended by adding the words and figures in underlined type and deleting the figures in struck-through type as follows: Sec 3.' Selection of chair and vice ch~, rules of procedure. A. At the first regular meeting of the planning and development board... B. The planning and development board shall meet~, ....... .~.~- ~) · · fo Amd. ChpL 1.5, Art I, 3B-Meeting Sclaedule021201 chairman may determine. The board shall operate in accordance with Robert's Rules of Procedure as amended and clarified fi.om time to time. All meetings of the board shall be open to the public, and a record of all meetings shall be kept and maintained in accordance with Florida Public Records Law. Section 3. Each and every other part of Chapter 1.5 Planning and Development Generally., not herein specifically amended shall remain in full force and effect. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. 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 6. Authority is hereby given to codify t_his Ordinance. Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this __ daY of February, 2001. SECOND, FINAL READING AND PASSAGE this day of March, 2001. Tuesday of each and ever,? month, and at such other times as the I CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk Amd. Chpt. 1.5, Art I, 38-Mee§ng Schedule021201 X-Z-LEGAL ZTEM B. 1 ORDINANCE NO. 01 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 18, ARTICLE 1~, PENSIONS FOR POLICE OFFICERS, SECTION 18.166 ALLOWING THE FUND TO INVEST UP TO 10% IN FOREIGN STOCKS AT COST; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of B0ynton, has received a ~rom the Municipal Police Officers' Pension Trust Fund (hereinafter as "FUND") to allow the FUND to invest up to 10% in foreign stocks at cost; WHEREAS, said recommendation has been reviewed and the City Commission deems it to be in the best interests of the members of the FUND to allow the Fund to invest up to 10% in foreign stocks at cost; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Chapter 18, Article I~ Pensions for Police Officers Section 18- 166 is hereby mended by adding the words and figures in underlined type and by the words and figures in struck-through type, as follows: 18-166. Inveslments. The investment powers and authority of the board of trustees of the municipal police officers' retirement trust fund shall be in accordance with the provisions of Florida Statutes, Section 185.06, provided, however: (a) The aggregate investment of fund assets in: (b) The aggregate investment of fund assets in the common stock or capital ~tock issued by a corporation organized under the laws of the United States, any state, or organized territory of the United States or the District of Columbia shall not, at market, exceed 60 per cent (60%) of the fund's assets; nor shall more than five per cent (5%) of the fund's assets be invested in common stock or capital stock of any one ~ssuing company; nor shall the aggregate of such investment in any one issuing company exceed three per cent (3%) of the outstanding common or capital stock of that company. Investment in stocks issued by companies domiciled outside of the United States will be limited to ten (llJ) percent of the value of the plan's total assets (at cost). Section 2. Each and every other Section of Chapter 18, not herein specifically amended, shall remain in full force and effect as previously enacted. Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereofi 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. Section 6. FIRST READING this Authority is hereby granted to codify said ordinance. This ordinance shall become effective immediately upon passage. __ day of March, 2001. 2 SECOND, FINAL READING AND PASSAGE this day of April, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk s:ca\OxdkPolice Pension- foreign ivesm~ents022201 Requested City Commission Meetin~ Dates [] November 21. 2000 [] December 5. 2000 [] December 19. 2000 [] January2. 2001 NATURE OF AGENDAITE~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XI-LEGAL ITEM B.2 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.I December 6. 2000 (5:00 p.m.) December 20. 2000 5:00 p.m.) Requested City Commission Meetin~ Dates [] January 16. 2001 [] Februar,2 6. 200 I [] Febmary 20. 2001 [] March 6. 2001 [] Administrative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Amlouncement [] Date Final Form Must be Turned tn to C~tv Clerk's Office January 3. 2001 (5:00 p.m./ January 17. 2001 (5:00 p.m.I Febraary 7, 2001 (5:00 p.m.) February 21, 2001 (5:00 p.m Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place the attached ordinance on the March 6. 2001 City Commission Agenda under Legal, Ordinances- First Reading. EXPLANATION: This ordinance is intended to support development and redevelopment efforts in the CRA area. Sidewalk caf6s are one of the major supporting factors in the success of many downtowns of surrounding communities, conh'ibuting to life, entertainment and a special ambiance along the stree~scape and creating hue urban public spaces. The ordinance allows for sidewalk seating to be an accessory use to existing restaurants and nightclubs, provided the applicant meets permitting requirements. This ordinance will establish a sidewalk seating permit, a review process, and guidelines all to ensure the aesthetic standards are met and proper access is maintained. PROGRAM IMPACT: The subject ordinance will support downtown redevelopment and therefore further Vision 20/20 objectives and current city direction. FISCAL IMPACT: N/A ALTERNATIVES: Not adopt or revise proposed ordinance. ) Plannin~-and Zoning~Director City Manager's Signature City Attorney / Finance / Human Resources ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS AS FOLLOWS: CHAPTER 2 ZONING, SECTION 6. COMMERCIAL DISTRICT REGULATIONS AND USE PROVISIONS; CREATING A NEW SECTION 17 ENTITLED "SIDEWALK CAFES"; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Sidewalk cafes are one of the major supporting factors in the success of many downtowns of surrounding communities, contributing to life, entertainment and a special ambiance along the streetscape and creating tree urban public spaces; and; WltEREAS, the adoption of this Ordinance allows for sidewalk seating to be an accessory use to existing restaurants and nightclubs, provided the applicant meets and NOW TIIEREFORE, BE IT ORDAINED BY TIlE CITY COMMISSION BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ~ the City Commission. Section 2. That Chapter 2 Zoning, Section 6. Commercial district regulations use provisions, Subsection B. is hereby amended by adding the words and figures in type, as follows: B. C-2 NEIGHBORHOOD COMMERCIAL DISTRICT. These district regulations will provide... 1. Uses permitted. Within any C-2 neighborhood commercial zoning district .... kk. Restaurants, including sen/lng of alcoholic beverages only in connection with the serving of meals. Sidewalk cafes, as an accessory use to a duly licensed restaurant within the Community Redevelopment Area (CRA). Section 3. That Chapter 2. Zoning, Section 6. Commercial district 'egulations and use provisions, Subsection C. is hereby amended by adding the words and figures in underlined type, as follows: C. C-3 COMMUNITY COMMERCIAL DISTRICT. These district regulations are to encourage the development of appropriate intensive retail commercial facilities... d. Bars, cocktail lounges, subject to the provision of Chapter 3 of the City of Boynton Beach Code of Ordinances. Such uses shall be a conditional use (*) if located within six hundred (600) feet of property lying within a residential zoning distdct as measured by direct distance between property lines. Sidewalk cafes, as an accessory use to a duly licensed restaurant or a ni.qhtctub within the Community Redevelopment Area (CRA). Section 4. That Chapter 2. Zoning, Section 6. Commercial distdct regulations and use provisions, is hereby amended by creating a new subsection 17. entitled "Sidewalk Cafes" as follows: Sec. 17. Sidewalk caf& A. DEFINITIONS The followin~ words, terms and phrases, when used in this article, shall have the meanin~r~ ascribed to them in this section, except when the context clearly indicates a different meaning. Permittee ~hall mean the lawful holder of a sidewalk caf6 permit obtained pursuant to the terms and provisions of this article. Right-of-way shall mean land in which the state, the Florida Department of Transportation, Palm Beach County or the City of Boynton Beach owns or has an agreement devoted to or required for use as a transportation facility or street. Sidewalk shall mean that portion of the right,of-waY which is located between the curbline or the lateral line of a street and adiacent property line and which is intended fro' use bv pedestrians. lidewalk calk shall mean the placing, locating, or permitting of the placing and locating. af chairs and tables within the sidewalk area adiacent to business licensed to operate as a restaurant or a nightclub as defined in the code. gtreet means that portion of a right-of-way improved, designed or Ordinarily used for vehicular traffic or parking. · PERMIT REQUIR D. It shall be unlawful for any person to operate a sidewalk caf6 abutting any sidewalk or public right-of-way within the city without obtaining a permit as required by this article. Sidewalk cafes shall be located only where permissible as prescribed herein. No person shall establish a sidewalk caf6 abutting any sidewalk unless such person has obtained a valid permit for a sidewalk caf6 pursuant to this article. Thirty (30) days from the effective date of this article, any person or entity operating a sidewalk caf~ without a permit or any property owner allowing the operation of a sidewalk caf6 without a permit upon his/her/its property shall be subject to penalties as provided in this article. B. GEOGRAPHIC LIMITATION. Sidewalk cafes shall be limited to the boundaries of Community Redevelopment Area zoning districts which allow restaurants or nightclubs, subject to any limitations or restrictions of the particular zoning district. .PERMIT FEE. I. The annual permit fee for establishing or maintaining a sidewalk caf~ shall $3.75 per seat with a minimum charge of $93.00. 2. The permit fee shall be paid on or before October 1st and shall cover the :ime period from October 1st through September 30th of the following calendar year; >rovided, however, that for the 2001-2002 year, the fee shall be due and payable on or ~fior to operation and prorated for the year. No permit shall be issued for any fractional >ortion of the year; provided, however, that any person or entity operating a sidewalk caf6 For a period bec, inning after April 1st, ma'/obtain a permit for the remaining portion of the ~iscal year upon payment of one-half of the permit fee required by this article. No refund )f fees shall be allowed. 3. The permit fees collected pursuant to this section from sidewalk cafes located in the City of Boynton Beach shall be placed in the general revenue fund. D. PERMIT APPLICATION 1. Application for a permit to operate a sidewalk caf~ shall be made at the Department of Development office of Occupational Licenses. Such application shall include: a. Name, address and telephone number of the applicant b. Name and address of restaurant/nightclub c. A copy ora valid City of Bo,mton Beach occupational license to operate a restaurant or a nightclub adjacent to the sidewalk which is the subiect of the application. In the case of a new or newly renovated facility, a copy of a valid certificate of completion for the building frontage adjacent to the sidewalk which is the subiect of the application. e. Evidence of insurance containing terms required under section F of this article. A drawing to scale showing the layout and dimensions of the existing sidewalk area and adjacent private property, proposed location, size and number of tables, chairs, steps, trees, parking meters, bus shelters, sidewalk benches, trash receptacles, and any other sidewalk obstruction either existing or proposed within the pedestrian area. g. Photographs, drawings or manufacturer*s brochures fully describing the appearance of all proposed tables, chairs, umbrellas or other obiects related to the sidewalk caf6. h. Written approval by the building owner as to the proposed use of the sidewalk and building frontage for a sidewalk cafe. i. A nonrefundable application fee of forty dollars ($40.00). 2. Applications shall be reviewed for compliance with city ordinances and must be approved by the CRA Board. Final approval shall be from the City Commission. E. REQUIREMENTS OF A SIDEWALK CAFI~ PERMIT. 1. Sidewalk cafes shall be restricted to the private sidewalk frontage of the licensed restaurant or nightclub to which the permit is issued or within the private sidewalk frontage of the builclin~ where the validly licensed restaurant or nightclub are located. 2. Tables or chairs shall be located a minimum of five (5) feet fi'om a Ipedestrlan crosswalk or bancllcap ramp, bus stop shelter, bus stop sign, taxi stand, stop sign or fire-hydrant. 3. A clear pathway, parallel with the street, with a m/nimum width of four (4) feet, ~hall be maintained for through pedestrian traffic. This requirement must be consistent with the Landscape Code. 4. In areas of congested pedestrian activity, the City Commission is iuthOrized to require a wider pedestrian path, as circumstances dictate. 5. Temporary objects, including landscaping, shall be permitted around the ~erimeter of an area occupied by tables and chairs In accordance with all other requirements of this section. 6. Tables, chairs, umbrellas, canopies, awnings, and any other objects utilized as part of the sidewalk caf6 shall be of quality design, materials, size, elevation and workmanship both to ensure the safety and convenience of users, and to enhance the. visual quality of the urban environment. Design, materials and colors shall be approved by the CRA Board and City Commission prior to the issuance of the sidewalk cafe. ~ermit. 7. Awnings, umbrellas and other decorative material shall be fire-retardant, pressure treated or manufactured or fire resistant material. Signs on awnings, umbrellna~ :hairs, tables and any other fixture which are placed on the public fight-of-way shall be limited to the name of the principal use. Lettering may not exceed four (4) inches in height. 8. All tables, chairs, umbrellas, canopies, awnings, and any other objects as tort of the sidewalk caf6 shall meet the following minimum design standards: a. Contribute to the aesthetic appearance of the area where the sidewalk caf6 is proposed by promoting the design and color theme applicable to that area; b. Contribute to the efforts of community identity and redevelopment; c. Not constitute or create traffic or pedestrian hazards; and d. Respect Community standards relative to decency and obscenity. 9. Prior to forwarding the application to the CRA Board, the CRA Director Dr designee shall certify that there are no outstanding fines, moneys, fees, taxes or other charges owed to the City by the current or past owners or operators of the property requesting a sidewalk caf~ permit. A sidewalk caf~ permit will not be issued until all ~utstanding debts to the City are paid In full. 10. One (1) menu board only Shall be permitted and limited to maximum of four (4) square feet. The menu board location shall be shown on the permit. The menu board shall not be a sandwich sign. 11. Any food service establishment that qualifies under the conditions of this article may redesign the face of their establishment to allow for doors or panels that permit the establishment to have totally open sides allowing for an indoor/outdoor "cafe" design. These changes in the building can only be made after a proper building permit is issued, said changes othenvise comply with the "Code of Ordinances of the City of Bognton Beach", and all appropriate fees paid. F. LIABILITY AND INSURANCE. 1. The permittee agrees to indemnify, defend, save and hold harmless the city, its officers and employees from any and all claims, liability, lawsuits, damages and :auses of action which may arise out 6~tlfi~o permit, or the permittee's activity on the ~remises by executing a written hold harmless agreement. 2. The permittee agrees to meet and maintain for the entire permit period, at ds/her own expense, the following requirements: Commercial general' liabiliW insurance in the amount of one million dollars ($1,000,000.00) per occurrence for bodily iniurv and property damage. The city must be named as an additional insured on this policy, and an endorsement must be issued as part of the policy reflecting this requirement. b. Worker's compensation and employer's liability as required by the State of Florida. Co All Policies must be issued by companies authorized to do business in the State of Florida and rated B+: VI or better per Best's Key Rating Guide, latest edition. d. The city must receive thirty (30) days written notice prior to any cancellation, nourenewal or material change in the coverage provided. The permittee must include in the application an original certificate of insurance as evidence that the above requirements have been met. Failure to maintain these requirements shall jnstifv a suspension or revocation of a sidewalk caf6 permit by the city manager. 3. The permit period shall nm and insurance requirements as described in subsection (b) above shall be effective from October 1st until September 30th of the following calendar year[ G. SIDEWALK CAFI~ PERMITS. 1. Each permit shall be effective for one (1) year froTM October 1st until September 30th, subject to annual renewal. 2. The permit may be temporarily suspended by the City, when necessary to clear sidewalk areas for a "commtmity or special event" authorized by a permit issued by the Leisure Services department. 3. The Cit3' may require the temporary removal of sidewalk cafes when street, sidewalk, or utility repairs necessitate such action. 4. The City and/or an authorized police officer of the City may cause the immediate removal or relOeation of all or parts of the sidewalk caf6 in emergency situations. 5. The City and its officers and employees shall not be responsible for sidewalk caf~ components relocated during emergencies. 6. The permit shall be specifically limited to the area shown on the "exhibit" ~ttaehed to and made a part of the permit. The City shall have the riv, ht to remove withOut notice, any tables, chairs or other objects not in the permit area. 7. The permittee shall act to assure that its use of the sidewalk in no way interferes with sidewalk users or limits their flee unobstructed passage. The City may require relocation of tables, chairs and other obiects at any time for safety or pedestr/an flow consideration. 8. The sidewalk caf~ shall be open for use by the general public, although such use may be restricted by the permittee to the patrons of the permittee. 9. Permittees holding an occupational license or certificate of use limited to take-out food shall not be permitted to provide table service on the sidewalk. This >rovision shall not include an ice cream shop or coffee bar which is duly licensed for eat- n service. 10. Tables, chairs, umbrellas, and any other obiects permitted as part of a sidewalk caf~ shall be maintained with a clean and attractive appearance and shall be in good repair at all times. 11. The sidewalk area covered by the permit and sidewalk and roadway mmediatelv adjacent to it shall be maintained in a neat and orderly appearance at all times, and the area shall be cleared of all debris as needed during the day, and again at the close of each business day. 12. No signs other than those permitted herein, shall be permitted in the public right-of-way. 13. No tables, chairs or any other parts of sidewalk cafes shall be attached, chained, or in any manner affixed to any tree, post, sign or other fixture, curb or sidewalk within or near the permitted area. No additional outdoor seating authorized herein shall be used for calculating seating requirements pertaining to location of, applications for, or issuance of liquor license for any establishment use area and/or seating capacity realized through the sidewalk caf~ use and contiguous outdoor dining shall not invoke provisions of the zonin~ code as they pertain to parking or other matters, with the exception of capital facilities fees which will be assessed per seating. 14. The area between the exterior walls of a restaurant or a nightclub and the edge of sidewalk ~hall be designated as public space. The placement of tables and chairs in this public space ~hall not constitute a building improvement which otherwise triggers sm_~¢mral improvement~ to the operating business under the provisions of the Southern Building Code or any state statute; In the event an operator of a restaurant or a night club creates a sidewalk caf~ pursuant to the terms of this section and such creation entails actual structural impmvement.q to any portion of the structure other than the permanently obstructs ingress or egress to the restaurant or nightclub then, in that event, all applicable provisions of the Southern Building Code or state statutes necessitating improvements to the property shall apply. 15. No food preparation fire, or fire apparatus, shall be allowed on the public sidewalk, other than that employed in the course of ordinary tableside service, including ut not limi~'ed to menu items which require table preparation, whether or not such area is covered by this permit. 16. Upon the issuance of a "Hurricane Warning" or "Hurricane Watch" by the authorities, the permittee shall forthwith remove and place indoors all tables, chairs, awnings and other equipment located on the sidewalk. APPROVAL, DENIAL, REVOCATION OR SUSPENSION OF PERMIT; REMOVAL AND STORAGE FEES; EMERGENCIES. 1. Sidewalk caf6 applications shall be reviewed with standards enumerated in t_~s article. 2. The approval of a sidewalk caf6 permit is conditional at all times. A sidewalk caf~ permit can be denied, revoked or suspended if: a. Any necessary business or health permit has been suspended, revoked or cancelled. b. Any current violation of the City Code, County Code or State Law on the premises has been found. c. The permittee exceeds the approved square footage by placing any additional tables, chairs, etc., beyond the approved area. d. Chan~in~ conditions of pedestrian or vehicular traffic causes congestion necessitating, removal of the sidewalk cafe. Such decisions shall be based upon findings of the City CRA director that the minimum four-foot pedestrian path is insufficient under existing circumstances and represents a danger to the health~ safety or general welfare of pedestrians or vehicular traffic. The pe~ ~ittee has failed to correct any violations of this article or conditions of the permit within twenty-four (24) hours of receipt of the City notice of same delivered in writing to the permit-tee. In the event the permittee fails to remove any tables, chairs, and other obiects relat~ to the sidewalk caf6 within twenty-four (24) hours of receipt of the City notice of denial, revocation or suspensions, the City may remove said obieets. The permittee shall be responsible for the expenses incurred by the City for the removal and storage of said obiects. 2. Upon approval or denial of the permit, the City shall give written notice of such action to the permitee. 3. Approval or denial of permit by CRA shall be placed on the next City Commission consent agenda for review. 4. Revocation or suspension shall be placed on the next CRA agenda and its decision placed on the next City Commission consent agenda for review. 5. If the CRA director believes that a permittee has engaged or is engaged in conduct warranting the suspension or revocation of the permit, he shall serve the ipermittee by certified mail or hand delivery, at the business address as disclosed in the application for the permit, a written notice of ordinance violation which afford~ reasonable notice of facts or conduct which warrant the intended action, and a reasonable. time for the permittee to cure the violation. The complaint shall state what is required to De done to eliminate the violation, if any. The permittee shall be given adequata opportunity to request a review as provided herein, unless the city manager finrt~ that an ~mergenc¥ condition exists involving serious danger to the public health, safet~ and ~velfare, in which case advance notice and hearing shall not be required. In the case of an ~mergency suspension or revocation, the licensee Shall immediately be advised of the city manager's action. In the event the permittee does not cure the violation within the reasonable time designated by the city manager, the case shall be placed on the CRA Board Agenda. Final decision of the CRA Board shall be placed on next City uommission Agenda for review. In emergency suspension or revocation a review as >rovided herein shall follow as soon as practicable. 6. Appellate provisions: any aggrieved party may appeal a final decision of ~ae City Commission under tlfis chapter by writ of certiorari as provided in the Land Development Regulations, Chapter 1, Article 7, Section 4. PENALTIES. The following civil fines shall be imposed for violators of this article: First citation ................... i ........................................... $100.00 Second citation (within a 1-year period) .............................. 250.00 Third citation (within a 1-year period) .................................500.00 · RECOVERY OF UNPAID FINES; UNPAID FINES TO CONSTITUTE LIEN; FORECLOSURE. 1. The Code Compliance Board shall have the power and jurisdiction to hold hearing for recovery of unpaid fees under this chapter as mandated under Article 5 of Chapter 2 of the Code· The Board at its option may impose liens as provided in Article 5 )£Chapter 2. 2. The City of Boynton Beach may institute proceedings in a court of competent urisdiction to compel payment of civil fines. .. APPLICATION. In the event of any conflict between the provisions of this chapter md any other sections of the Code, the provisions of this chapter shall prevail. Section 5. Each and every other provision of the Laud Development legulations not herein specifically mended, shall remain in full force and effect as )riginally adopted. Section 6. All laws and ordinances applying to the City of Boynton Beach in :onflict with any provisions of this ordinance are hereby repealed. Section 7. Should any section~r provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 8. Authority is hereby given to codify this Ordinance. Section 9. This Ordinance shall become effective immediately. FIRST READING this day of March, 2001. SECOND, FINAL READING AND PASSAGE this __ day of April, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk Ca/ordinance~ldr/Amendin$ LDR Chapter 2 Zoing Chpt. 6 - Sidewalk Cafes THIS ITEM CURRENTLY APPEARS ON THE AGENDA AS CONSENT AGENDA I'TEM V-D.4 WITH COMMISSION APPROVAL, THIS ITEM BE MOVED TO LEGAL I'TEF4 XI'-B.3 Thank You, 3anet CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XI-LEGAL ITEM B.3 Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meetin~ Date~ [] November21.2000 Novemberg, 2000 '5:00p.m.) [] January l6, 2001 [] DecemberS. 2000 November22,2000 (5:00p.m.) [] February6.2001 [] Decemberlg, 2000 December6.2000 (5:00p.m.) [] February20 2001 [] January2.2001 December20,2000 (5:00p.m.) [] March6.2001 [] Admiinstrative [] NATURE OF [] Consem Agenda [] AGENDA ITEM [] Public Hearing [] [] Bids [] Date Final Forra MusI be Turned in m City Clerk's Office January 3, 2001 (5:00 p.m./ January I7, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21, 2001 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place this request on the March 6, 2001 City comrmssion Agenda under Ordinance reading. The planning and Development Board with a unanimous vote of 7-0 recommended that the subject request be approved, subject to staffcommunts. For further details pertaining to this request see attached Department of Development Memorandum No. CDRV 01-001. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: PHOTOGRAPH STUDIOS IN C-1 ZONING DISTRICT Frank Donnino N/A 3452 W. Boyaton Beach Blvd. Request to allow photography studios as pemaitted uses in the C-1 zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Pla ' ,, and Zoning Dire~to~ City Manager's Signature City Attorney / Finance / Human Resources S:~BLFLiET1N~ORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATiONS, CHAPTER 2. SECTION 6 A. 1. TO ALLOW PHOTOGRAPHY STUDIO SERVICES AS A PERMI1-FED USE IN THE C-1, OFFICE AND PROFESSIONAL COMMERCIAL ZONING DISTRICT; PROVIDING FOR CONFLICTS, SEVERABILITY~ CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Zoning Code attempts to identify specific uses of commercial activity and fit compatible uses into established zoning districts consistent with the City's Comprehensive Plan; and WHEREAS, the City's Land Development Regulations Chapter 2, Section 6 A.I., limits the C-1 zoning district to offices and professional uses; however the current list does not include photography studios; and WHEREAS, the City has determined that photography studios would be consistent with the intent of the C-1 zoning district and compatible with other uses currently permitted within the district; and NOW THEREFORE~ BE iT ORDAINED BY THE CtTY COI~IMISSION OF THE CiTY OF BOYNTON BEACH, THAT: Section 1. That Chapter 2. Section 6 A.1. is hereby amended by creating a new subsection "v.'; as follows: 1. Uses permitted. v. Photography studio services excluding retail sales of photography and picture accessories and developing/finishing of customer film. Section 2. Each and every other provision of Chapter 2, Sections 6.A.[. of :he Land Development Regulations, not herein specifically amended shall remain in "ull force and effect as previously enacted. Section 3. All ordinances or parts of ordinances in conflict herewith be and :he same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent urisdicUon to be invalid, such decision shall not affect the remainder of this )rdinance. Section 5. Authority is hereby granted to codify said ordinance. Section6. This ordinance shall become effective immediately upon passage. FIRST READING this day of ~ 2001. SECOND, FINAL READING AND PASSAGE this day of ,2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner AFl'EST: City Clerk 'CORPORATE SEAL) EXHIBIT "C" Conditions of Approval Project name: Photography Studios in C-1 Zoning District File number: CDRV 01-001 Reference: File # CDRV 01-001 with a February 5, 2001 Planning & Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING 1. No retail sales ofphotography orpicture accessories and no customerfilm X finishing/developing. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: NONE X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. IV[ ~v~/( ~ S:kPLAN N!NG'~SHARED'~W P~RO J ECTS~F PJkN K DONNINO'S PHOTOGRAPHY~,COND. OF APPROVAL,DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: CODE REVIEW- PHOTOGRAPHY STUDIOS TO BE PERMI'I-rED IN APPLICANT'S AGENT: Frank Donnino APPLICANT'S ADDRESS: 7944 La Rose Court Lake Worth, FI 33467 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 6, 2001 TYPE OF RELIEF SOUGHT: Code Review- to allow photography studios in C-1 district LOCATION OF PROPERTY: 3452 W. Boynton Beach Blvd. City of Boynton Beach 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 "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 TO: THROUGH: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 01-028 Chairman and Members Planning and Development Board Michael W. Rumpff/] o~-- Director of Planning and Zoning Jose Alfaro, Planner-J ~4 February20,2001 CODE REVIEW CDRV 01-001 Photography studios to be permitted in C-1 zoning district NATURE OF REQUEST Frank Donnino, of Frank Donnino Photography, is requesting that photography studios be permitted in the C-I, Office Commercial zoning district. Specifically, he is requesting that the code be amended to add a new permitted use to the C-1 zoning district (Chapter 2, Zoning, Sectidn 6. A. 1. v.) which reads as follows: "v. Photography studio services." BACKGROUND The City's Land Development Regulations Chapter 2, Section 6. A. 1., limits the C-1 zoning district to offices and professional uses, however the current list does not include photography studios. The same Chapter 2, Section 6. B. 1. z., permits retail photographic studios and photofinishing services in the C-2, Neighborhood Commercial zoning district. With respect to comparative parking requirements, Chapter 2, Section 11. H. Provision of off- street parking spaces, 16. d. (13) requires for personal, professional, and business services not listed elsewhere, including testing, repairing, and servicing: one (1) parking space per three hundred (300) square feet of gross floor area. Paragraph # (19) requires for medical and dental clinics, offices, and office buildings: one (1) parking space per two hundred (200) square feet of gross floor area. Lastly, item # (20) requires for offices and office buildings not listed elsewhere: one (1) parking space per three hundred (300) square feet of gross floor area. Page 2 CDRV 01-001 ANALYSIS As stated by the applicant in his letter of request (see Exhibit ',A"), his professional photography business generates less traffic than the medical offices currently permitted in the C-1 zoning district. In support of this position, the applicant has provided information indicating that during the previous year his business received a total of 490 clients, or fewer than two (2) per business day. Staff understands that approximately one-half of his clients are served off-site. The applicant believes that the nature of this type of business performs similar to other professional offices, and will comply with all City performance standards. They are individually addressed in the Exhibit "B" - Letter of Performance Standards Compliance. For comparative purposes, staff surveyed local governments to obtain their respective regulations on photography studios. Of the five (5) jurisdictions considered, four (4) of them including Palm Beach County, Defray Beach, Boca Raton, and Lake Worth, permit photography studios in every commercial district without restrictions. Only one (1) of them, West Palm Beach, permits photography studios in all commercial districts, excluding their office commercial district. With respect to standard classification of the subject use, the North American Industrial Classification System (NAICS), identifies photography studios under the professional, scientific and technical services category. It should be noted that also classified under this category are veterinary offices which the City currently allows in the C-t zoning district. RECOMMENDATION It is the opinion of staff that this code revision would have relatively minimal impact on the citywide distribution of uses within commercial zoning districts. Staff further believes that the subject use will perform similar, or even less intensively than the professional office uses currently allowed in the C-I zoning district. Also, by allowing this change, the city regulations would become more consistent with other municipalities that currently allow photography studios in professional commercial districts. However, in order to preserve the office or professional character of the C-1 zoning district by avoiding retail uses, staff recommends that the subject request be approved but to exclude retail sales of other goods and finishing/developing of customer film. Said condition is listed in the Exhibit "C" - conditions of approval Exhibits S:XPLANNING~SHARED\WPkPROJECTS~FRANK DONNINO'S PHOTOGRAPHYXSTAFFREPORT.DOC Donnino DhO|og.aphg 'EXHIBIT "A" 7944 b, Ro~,~ Ct. Lob Wo,qh, l=lo,.;clo 33462' 561.357'.2960 www. frank.nu frank@ frank, nu Re: Code Review Modification Chapter 2 Zoning - Section 6 (Commercial District Regulations and Use Provisions) C-1 zoning vs. C-2 for photography studio/lab To whom it may concern, MY name is Frank Dormino and I have owned and operated a "high end" photography studio with my wife Donna for over 2 decades. I have been in Palm Beach County for 4 years. For the record I have never been involved in any litigation against my company and I have had no complaints against my company as of this writing. It's a reputation I am very proud of. I have always enjoyed a wOnderful relationship with my clients and wish to continue to service them appropriatelY. I only specialize in Families, Children and Baby portraits. SOme photography is done inthe studio and some done on location in areas of Palm Beach CoUnty. MY photography is currently on permanent display inthe Boynton and Palm Beach Malls and the maternity and pediatric wards of Bethesda Memorial Hospital, to name a few. Due to the incredible demand for my style 0fphotography, last year I retired from phOtographing weddings, and any other type ofphot0graphy other then what has been stated. This is what most photographers dream about but rarely achieve. In my field, I am in ~e top 1% in the coUntry, for what I do. Most. photographers are either out of business or just getting by. My clients receive priceless images and I get a wonderful livelihood for my myself and my family. My business is without debt and'my home is paid in full. I work by appointment only. Serving only one client per hour in order to produce the quality my clients have come to expect fi.om me. My clients have come fi.om as far north as Orlando and as far south as Key West - just to have me photograph them. We are not a low priced-high volume bus;mess like Olan Mills. We are a low volume-high priced studio. I signed a lease to rent space at 3452 W. Boynton Beach Blvd. in a professional building. Neither the Landlord (Dr. Ka Hock Go and Dr. Jeanne Go) nor the real estate agent (Salefish Realty- Owner Kristen Conti) and especially myself never imagined that we would not be zoned for my type of specialized business. I have prepaid rent and bu/ldout costs of almost $8,000 (and cl/mbing) and I cannot get a permit for the buildout because of the current zoning classification. - In this building there is currently a pediatrician (the owner of the building) a dentist, a chiropractor, and Gallo Insurance Agency. As stated my clients are limited to one client per hour I am not a retail business by any means. I am a professional service, The Dr's office and the chiropractor see more patients per hour than I do, to perform "their" service. My question is based on my limited amount of clients coming to us...simply stated: What makes my professional service any different than the aforementioned occupations? The bay next to the one I am renting was a beauty parlor and is now a physical therapist. I am not even in the same category as a "Smith Bros" photo operation/ They have a retail Photo Studio/Lab and sell merchandise such as film, 'albums, photocopies, reprints etc. I am not that type of operation at all and have no intention to be as such. I use no chemicals of any kind whatsoever to produce my service. I do not have a lab. All of my printing is done out of state in Michigan and I receive finished portraits for my clients which are delivered to their home. It's quite unique but nevertheless, it 'is a professional service. I would like to have a review of the ~urrent zoning listing (Chapter 2 Zoning Sec 6. A. 17 for Photo Studio / Lab fi:om C-2 to include Limited Photo Studio Service for C-1. I feel, based on the information provided and the documentation I have enclosed to show the amount of "total" sessions I did last year andthe income level that is generated fi:om each session, I am in the same professional class as anyone else in 'the building. Please give careful consideration to a hard working man who has proudly built a good name not only with his clients but other businesses that have permitted my photographs to be exhibited. My father taught me, "don't ever disgrace your name" ........... I wish to use this small sample of business people as references for my character: .amdrea Home 736-7902 - Manager of the B0ynton Mall Vicki Barkie 683-9187 - Manager of the Palm Beach Mall Ened Silberstein 732-9501 Boynton Chamber of Commerce Kristen Conti 738-6613 - Owner of Salefish Realty Bob Taylor 737-7733 - Board Member Bethesda Memorial Hospital Susan Papagallo 737-4600 Catering Manager Holiday Inn Catalina Calvin Cearley - Bill Martin 742-9110 - Owners of Palm Beach County Bank Kim Beaumont - 737-7900 Traylor, Gratton, Beaumont, Kocielko, CPA LLP Dr. Carl Spir~77a - 738-7694 Dr. Mark DiRoma - Owner of MDM Ch/ropractor - 731-3361 Dr. Joe and Renee Sperduto - 540-8035 Dr. Joe and Nancy Ojea- 736-1101 These people do not know I have listed them in this letter, but I am so confident about their knowledge of my reputation as a businessman-- but more than that, as a person. I know that Boynton Beach desires sound businesses to bring continued growth to the area. I feel my business should be part of that goal. Should you have any further questions for me, please do not hesitate to contact me concerning my business or practices. At this point, all plans have been approved for a build out of the space being rented. Please expedite my request as soon as possible. I thank you for your review and we all anxiously await your decision. Thank you for your kind and timely consideration of this matter. Respe, ctfully yoursl FrankDonnino Photography Committed to Photographic Excellence z944 L,, ~o.. Ct. Lob Wo.tl,, Flo,~J~, 3346'7 561357-9.960 EXHIBIT "B":' Dear Mr. Rumpf, Please accept this letter as our fomml request for a code review and use approval, coverinl the use of the premises at Plaza West, Suite 4/6, 3452 West Boynton Beach Blvd. in Boynton Beach: The purpose of the location is a .limited..use photography- studio-for tess than- tO-clients pe~ day during regular business hours of Monday to Friday 9-5. The purpose of the code review and use approval is to allow a use not currently defined in the city of Boynton Beach Code. The proposed Frank Donnino Photography and all contents will comply with all of the city's preformance standards. They are individually addressed as follows. 1) Noise: No sound will be created which is in violation of Sec. 15-8 of the city of Boynto~ code of ordinances. 2) Vibration: No ground vibrations will be generated by the proposed use. 3) Smoke dust or other particular matter: No emission of smoke, dust, dirt or other particular matter will be created. The proposed uses will not allow the emission of any substances in violation of any federal, state, county, or city laws, or pein,its governing the emission of such substances. 4) Odors and fumes: No objectionable or offensive odors will be readily percePtible at any point. 5) Toxic or noxious matter: The proposed use will not allow any toxic or noxious matter to be discharged in such concentrations as to cause damage to property or vegetation discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way at or beyond/he property line or to contaminate any pubic waters or any ground water. 6) Fire and explosion: The proposed uses will not create a fire or explosion hazard. 7) Heat, humidity or glare: The proposed uses Will not produce heat, humidity or glare which is readily perceptable past the property boundary. The lighting will conform to the City of Boynton Beaches standards. 8) Liquid Waste: Any disposition of liquid waste will be in conformance with the provisions of chapter 26 of the Boynton Beach Code of Ordinances of any applicable Federal, State, or County Laws or permits. 9) Solid Waste: Any accumulation or disposal of solid waste will be in conformance with Chapter 10 of the Boynton Beach Code of Ordinances and will not be tranferred to adjacent or nearby property or rights-of-way. 10) Electromagnetic Interference: No equipment for the purposed use will cause any Electromagnetic inteference of any type and will conform to the standards defined by the Electronic Industries Assoc. or the Institute of Electrical and Electronics Engineers. Furthermore the proposed use will comply with the Federal Communications Commission regulations for such uses. 11) Hazardous Materials and Hazardous Waste: The proposed use shall not'have any hazardous materials or waste generated at all for the said use~ I trust that our committment to the safe business practices and the safety to the public has §een fully satistfied for the City of Boynton Beach Zoning Codes. I also trust this information is acceptable for the consideration of the code review and use approval. Please do not hesitate to contact me at 561-357-2960 should you have any questions. Sincerely j Frank Donnino Frank Donnino Photography Requested City Commission Meeting Dates [] November 2 I, 2000 [] December 5, 2000 [] December 19, 2000 [] January 2, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Tumed in to City Clerk's Office November 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) Requested City Commission Meet(n~ Dates [] January t6, 2001 [] February 6, 2001 [] February 20, 2001 [] March6,2001 XI. LEGAL D. 2 Date Final Form Must be Turned in to City Cl~rk's Office January 3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation Teresita Rivera v. City of Bovnton Beach PLAINTIFF COUNSEL: Karan Cohen, Esq., Green Kahn & Pintrkowski DEFENSE COUNSEL: Michael Burke, Esq., Johnson Anselmo Murdoch Burke & George (NOTE: Defense Counsel is assigned by the Risk Management Department from the Florida League of Cities/Florida Municipal Insurance Trust list of approved counseL) RECOMMENDATION: Approve the mediated settlement with pla/ntiff, case number 99-008757AE, in the amotmt of $23,100. EXPLANATION: On September 28, 1995, a City Fire/Rescue vehicle backed into an aluminum light pole while attempting to resp6nd to a motor vehicle accident on 1-95. The light pole fell onto the northbound lanes of 1-95. The Plaintiff swerved to avoid it crashing into a guardrail in the median. Plaintiff sustained cervical herniation at C5-6 with a bulging disc at LS- SI, an~ patella femoral syndrome of both knees. Plaintiff's medical expenses exceed $20,000 with additional expenses auticipqted for future care, plus intangible damages if she sustained a permanent injury. Plaintiff's initial demand at mediatinn was $75,000. Settlement was agreed to at a court ordered mediation, contingent upon City Commission approval. PROGRAM IMPACT: Settlement of this nature is part of the ongoing responsibilities of the Risk Management Dept. FISCAL LMPACT: Settlement will be charged to the Risk Management Dept. budget expenses. ALTERNATIVES: Failure to approve mediated settlement will result in claim being litigated. Value of this case at trial is estimaVed at~$50.000* Additio,nal defense l~al legaLcosts are estimated at $12,000] Si t e J M ger's Si t e Department Name /,/ City f0[~h'ney / Finance / Human Resources Cjm/Cl~fimaut/RiveraT01.dot s :kBULLETIN~ORMS~AG ENDA ITEM REQUEST FOILM.DOC The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Kurt Bressner City Manager THRU: FROM: DATE: SUBJECT: Wilfred Hawkins Assistant City Manager - Services Charles J. Magazine tSY'f~ Risk Manager t,*~ ~'C/ February 20, 2001 Teresita Rivera v. City of Boynton Beach Date of Loss: S~tember 28, 1995 Risk Management recommends the City Commission ratify the: X Settlement _ Judgement in the above stated manner. RESERVES: Indemnity: $ 25,000 Expenses: $ 25,000 Demand: Original.' $ 75,000 Final: $ 27,000 Offer: Original: $ 4,000 Final: $ 23,000 X SETTLEMENT: $ 23,100 NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment Fees: $ 2,690 IF NOT SETTLED Projected Legal Fees: $ 12,000 Current Legal Fees: $ 6.551 Projected Jury Verdict: $ 50,000 JUDGEMENT: $ CurrentAdjustment Fees: $ Current Legal Fees: $ CASE NARRATIVE: On September 28, 1995, a City Fire/Rescue vehicle backed into an aluminum light pole while attempting to respond to a motor vehicle accident on 1-95. The light pole fell onto the northbound lanes of 1-95. The Plaintiff swerved to avoid it crashing into a guardrail in the median. Plaintiff sustained cervical herniation at C5-6 with a bulging disc at L5-S1, and patella femoral syndrome of both knees. Plaintiff's medical expenses exceed $20.000 with additional expenses anticipated for future care, plus intangible damages if she sustained a permanent injury. Plaintiff's initial demand at mediation was $75,000. Settlement was agreed to ar a court ordered mediation, contingent upon City Commission approval. ~EDIATO" -- qq~ ~ ~ TYPE DATE OF ENGAGEMENT NUMBER coUNTY ~~ MEDIATION SERVICES of George B. Pomero7 on ~ ~'.~ ~ ~¢~ .. TOTAL ~ hc,,.,,,~. HOURS @ $ RATE _, 2ood. 1/2 TO EACH 1/3 TO EACH 1/4 TO EACH OTHER INCLUDING: TELECON FILE REVIEW sUMMARY REVIEW FOLLOW-UP OTHER FULLY AUTHORIZED pLAINTIFFS AND TRIAL COUNSEL APPEARED- FULLY AUTHORIZED DEFENDANTS AND TRIAL COUNSEL APPEARED- OTHER The case has been SETTLED. 0,,~.%~.,,~.~''~, ~,K~ The case ha~ Deen partially SETTLED as to ~%~-'~ '~'--~--~ The Conference has been ADJOURNED until to the continuation, the'parties, shall do the following: ~ The parties have reached an IMPASSE. PLAINTIFF ' S ATTORNEY · ~ Requested City Comm/ssion Meefin~ 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 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 Comra/ssion Meeting Dates [] January 16,2001 [] Febma~ 6, 2001 [] February 20, 2001 [] March 6, 2001 XI. LEGAL D. 3 Date Final Form Must be Turned in to City Clerk's Office January 3,200I (5:00 p.m.) January 17,200I (5:00 p.m.) Febraary 7, 2001 (5:00 p.m.) February 21, 2001 (5:00 p.m.) NATURE OF AGENDAITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation Ronika Cooeland v. City of Bovnton Beach PLAINTIFF COUNSEL: Andrew Smith, Esq.. Carman & Smith DEFENSE COUNSEL: R. William Rutter. Esq., Sormebom Rutter Cooney Klingensmith & Eyler (NOTE: Defense Counsel is assigned by the Risk Management Department from the Florida League of Cities/Florida Municipal Insurance Trust list of approved counseL) RECOMMENDATION: Approve the mediated settlement with plaintiff, case number CL00-2108AJ, in the amount of $11,250. EXPLANATION: On June 6, 1998, the plaintiff was exiting the residence at 300 NW 11t~ St, Boynton Beach, and fell into a hole by the sidewalk which was cracked. The plaintiff sulTared a bimalleolar fi:acture of the right ankle. Plaintiff's medical expenses are in excess of $25,000 and out-of-pocket expenses exceed $2,000. Plaintiff's initial den~and at mediation was $100.000 Settlement was agreed to at a cour~ ordered mediation, contingent upon City Commission approval. PROGRAM IMPACT: Settlement of this nature is part of the ongoing responsibilities of the Risk Management Dept. FISCAL IMPACT: Settlement will be charged to the Risk Management Dept. budget expenses. ALTERNATIVES: Failure to approve mediated settlement will result in claim being litigated. Value of this case at a/al is estimated at $35-50,000. Additional defense thai legal costs are estimated at $15~00. Depamnent Name f City A~orna~'~inance Itman Resources CjngClaimgl/CopelandR01 .dot S:~BULLET1NrtFORMSXAGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Kurt Bressner City Manager THRU: FROM: DATE: SUBJECT: Wilfred Hawkins Assistant City Manager - Services Charles J. Magazine Risk Manager February 20, 2001 Ronika Copeland v. City of Boynton Beach Date of Loss: June 6, 1998 Risk Management recommends the City Commission ratify the: X Settlement_ Judgement in the above stated manner. RESERVES: Iudemni~y: $ 10,000 Expenses: $ 25,000 Demand: Original: $100,000 Final: $ 14,000 Offer: Original: $ 1,000 Final: $ 8,500 X SETTLEMENT: $ 11,250 NOTE: This settlement is the compromise ora claim for damages. Payment by the Cffy is not to be construed, in any way, as an admission of liability or responsibility for any damages Or injuries resulting therefrom. Current Adjustment Fees: $ 2,378 IF NOT SET'ED Projected Legal Fees: $ 15,000 Current Legal Fees: $ 13,483 Projected Jury Verdict: $ 35-50,000 JUDGEMENT: $ CurrentAdjustment Fees: $ Current Legal Fees: $ CASE NARRATIVE: On June 6, 1998, the plaintiffwas exiting the residence at 300 NW 11t~ St, Boynton Beach, and fell into a hole by the sidewalk which was cracked. The plaintiff suffered a bimalleolar fracture of the fight ankle. Plaintiff's medical expenses are in excess of $25,000 and out-of-pocket expenses exceed $2,000. Plaintiff's initial demand at mediation was $100,000. Settlement was agreed to at a court ordered mediation, contingent upon City Commission approval. PLAINTIFF, IN TILE CIRCUIT OF TI-W, FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY. CASE NO. VS DEFENDANT, / REPORT OF COURT ORDERED MEDIATION Medmtor ~'/~//.-- ~- L~/'d~A/c~ conducted the proceedings. All parties were present. ~ A partial agreement was reached. ~.J A complete agreement was reached. The following is a synopsis of th~plete agreement reached: /. ~ ~ T?c~?. ~F~,~,~z-,~? 7-0 £,~'