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Agenda 08-20-02The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 AUGUST 20, 2002 Gerald Broening Mayor -At Large Ronald Weiland Vice Mayor District I Mack McCray Commissioner District II Mike Ferguson District III Charlie Fisher Commissioner District ,IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES' FOR PUBI. ZC PARTZCI'PATZON AT cz'rY OF BOYNTON BEACH COMMZSSZON MEE'DZNGS item consented to action. determines the order proposal, or has first · Consent Agend; are items which ;the CommiSsion does not need to discuss individually and which; · Regular Agenda :[terns: 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~[SS:[ON MEETINGS: The public is encoUraged to offer Comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has~,.~_ begun. · Public Hearings: Any citizen may. speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters not listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda :[terns: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSZNG THE COMMZSS'rON: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phOnes in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beac[-~ 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 YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA August 20, 2002 6:30 P.M. OPEN'rNGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Rev. Rick Riccardi, Police Chaplain C. Pledge of Allegiance to the Flag led by Vice Mayor Weiland D, ?F YOU WZSH TO ADDRESS THE COI~tt. tZSSZON: FZLL OUT THE APPROPRIATE REQUEST FORF4 GZVE z'r TO THE CZTY CLERK (ON THE DAZS) BEFORE THE "OPENZNGS" PORTION OF THE AGENDA HAS BEEN COI~IPLETED COME TO THE POD'[UPI WHEN THE I~tAYOR CALLS YOUR NAME ZNDZVZDUALS HAY SPEAK FOR THREE UNZNTERRUPTED I~IZNUTES, E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption PUBLZC AUDZENCE: ZNDZVIDUAL SPEAKERS WZLL BE LZI~IlTED TO 3-YlZNUTE PRESENTATIONS Ill. Appointment To Be Made OTHER: A. Informational Items by Members of the City Commission ADI~IINI~rRATI~E: Appointments to be made: Beard III Ferguson Children & Youth Advisory Bd Stu/Reg/Voting Mayor Broening Bldg. Bd of Adj & Appeals Alt Length of Term Expiration Date i yr term to 4/03 Tabled (3) I yr term to 4/03 Tabled (2) Agenda Regular City Commission MeeUng Boynton Beach, Florida August 20, 2002 Mayor Broaning Community Relations Board Alt I yr term to 4/03 Tabled (3) Mayor Broening ! Weiland Education Advisory Board Education Advisory Board Stu Stu i yr term to 4/03 Tabled (3) 1 yr term to 4/03 Tabled (3) II McCray Library Board Alt 1 yr term to 4J03 Tabled (3) II McCray Nuisance Abatement Board Alt 1 yr term to 4/03 Tabled (3) I Weiland II McCray Senior Advisory Board Senior Advisory Board Alt Alt 1 yr term to 4/03 Tabled (3) 1 yr term to 4/03 Tabled (2) V. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: None B. Presentations: 1. Proclamations: a. "Firefighter Appreciation Week" - August 26-September 2, 2002 PUBLTC HEARING: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMTrS A. Project: Agent: Owner: Location: Description: Bethesda Memorial Hospital Physician Parking (LUAR 02-004) ('TABLED A T AUGUST 6~ 2002 CITY COMAfI$$.~ON MEET'[IVG,) 3aime Gentile, Kilday and Associates, Inc. Bethesda Memorial Hospital; Sintilien Georges; Jesus and .loan Santiago 2700 Block of SW 4th Street Request to amend the Comprehensive Plan Future Land Use Map for a 1.43-acre parcel from Low Densib/ Residential (LDR) to Public and Private Government/Institutional B. Project: Agent: Owner: Location: Description: Bethesda Memorial Hospital Physician Parking (LUAR 02-004) ('TABLED A T AUGUST 6~ 2002 CITY' COMMI$$ION MEETING) 3aime Gentile, Kilday and Associates, Inc. Bethesda Memorial Hospital; Sintilien Georges; Jesus and .loan Santiago 2700 Block of SW 4th Street Request to rezone a 1.43-acre parcel from R-l-AA (Single Family ResidenUal-5.40 du/ac) to PU (Public Usage) Agenda Regular City Commission MeeUng Boynton Beach, Florida August 20, 2002 C. Project: Agent: Owner: Location: Description: Bethesda Hospital Rezoning (REZN 02-004) (TABLED AT AUGU~r 6/ 2002 C. rl'Y COMM.r$$.TON ,3aime Gentile, Kilday and Associates, Inc. Bethesda Memorial Hospital South side of Southwest 23rd Avenue (Golf Road) between South Seacrest Boulevard and Interstate 95 Request to rezone a 10.37-acre parcel from PUD (Planned Unit DevelOpment) district to PU (Public Usage) Project: Agent: Owner: Location: Description: The Harbors (LUAR 02-005) (TABLED TO CRA MEETZNG OF SEPTEMBER .Z~ 2~2) 3ennifer Morton, Land Design South Schgai, Inc, 2300 North Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High DenSity ResidenUal (SHDR); and ' Proposed Use: Request to rezone from (C-3) Community Commercial to (IPUD) Infiil Planned Unit Development Development of 54 fee-simple townhouses Project: Agent: Owner: Location: Description: The Residences at Marina Village (REZN 02-005) Bruce .~arvis, The Bruce Group, Inc. AERC of Virginia Inc. 743 NE Ist Avenue Request to rezone the 6.93-acre Marina property from Central Business District (CBD) to Mixed Use-High Intensity (MU-H) to. allow for the planned Mixed-Use Marina Project Project: Agent: Owner: Location: DescdpUOn: Caf~ La Notre (COUS 02-002) Usa Collomb Schgai, Inc. 2280 North Federal Highway Review of sound impacts on adjacent neighborhood (90- day test period) Notice of Intent (Resolution No. R02-135) to adopt pending Land Development Amendment- Self Storage Facilities 3 Agenda Regular City Commission Meeting Boynton Beach, Florida August 20, 2002 VZZ. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of August 5, 2002 Regular City Commission Meeting of August 6, 2002 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2001-2002 Adopted Budget Approve Professional Golf Car Corporation for golf car fleet warranty work, repair and maintenance, and battery replacement with an estimated annual expenditure of $30,000 = Award the bid for "THE CONSTRUCTION OF INTRACOASTAL PARK," Bid #048-2413-02/C.]D, to MCTEAGUE CONSTRUCTION COMPANY, INC. of Stuart, Flodda, in the amount of $1,943,440 (Proposed Resolution No. R02-136) Approve an increase in the use of Renewal and Replacement funds for the rehabilitation of up to ten water production wells at a cost of approximately $600,000 using 8id #028-2821-02/KR with Marine Engineering Contractors, Inc. C. Resolutions: Proposed Resolution No. R02-137 Re: Releasing the balance of $5,500 held in surety for Lowe's of Boynton Beach Excavation & Fill Permit 01-990 e Proposed Resolution No. R02-138 Re: Approving an amendment in the amount of $30,184 to the Task Order No. i with CH2M Hill to provide additional construction phase services and related support services for the Seacrest Estates Water Main Replacement and Swale Improvement Project 3. Intentionally le~ blank Proposed Resolution No. R02-139 Re: Approving an Agreement for Water Service Outside of the City Umits and Covenant for Annexation, for the property owned by Ocean Ridge Development Company LLC, located at 4555 East Coquina Road, in Unincorporated Palm Beach County Agenda Regular City Commission MeeUng Boynton Beach, Florida August 20, 2002 10. Proposed Resolution No. R02-140 Re: Approving Change Order No. 2 to the East Water Treatment Plant, Phase III, Parking Lot Construction, Bid #006-2413-02/KR, with Megan South, Inc. in the amount of $10,865.35 Proposed ResoluUon No. R02-141 Re: Approving the second amendment to the Interlocal Agreement between the South Palm Beach County Public Safety Communications Cooperative (Boynton Beach, Deiray Beach, and Boca Raton) and Palm Beach County for use of the County SmartZone switch Proposed Resolution No. R02-142 Re: Approving two economic incentive agreements with Robert Katz for the Shipwreck Restaurant and for Booker T's Restaurant Proposed ResoluUon No. R02-143 Re: Memorandum of Understanding with the Palm Beach County Police Benevolent Association Proposed Resolution No. R02-144 Re: Approving full release of surety, and refund of cash bond in the amount of $13,954.42, for the project known as Lowe's Proposed ResoluUon No. R02-145 Re: Approving the recommendation of South Central Regional Wastewater Treatment and Disposal Board to fund Hazen & Sawyers Task Order in the amount of $48,000 to be divided equally between the city of Boynton Beach and the City of Delray Beach, $24,000 each, for consulting services to prepare a Federal Funding Request Package and to assist the Board in monitoring the funding pursuit 11. Proposed Resolution No. R02-146 Re: Execution of the Seventh Amendment to the Tower Site Lease and .loint Use Agreement between the City of Boynton Beach, AT&T Wireless Services and Palm Beach County Ratification of Planning & Development Board Action: None Ratification of CRA Action: M & L Roofing (MSPM 02-003), 630 Industrial Avenue - Request for a Major Site Plan Modification to add 8,2.83 square feet to a 2,275 square foot existing light industrial warehouse building for a total of 10,558 square feet on a 0.6~-acre parcel 5 Agenda Regular City Commission MeeUng Boynton Beach, Florida August 20, 2002 The Residences at Marina Village ,(MSPM 02-005), ?43 NE 1~ Avenue - Request for Major Site Plan Modification to Phase 2 of the Marina project to add 48 residential units and commercial space, expand the parking garage, increase project height and make related site modifications on 3.79-acres Vermeer Southeast Sales (NWSP 02-013), 1060 W. Industrial Avenue - Request for Site Plan approval for a 14,000 square foot light industrial facility in a M-1 zoning district on a 4.32-acre parcel Authorize the purchase of 7 parcels of land (9 different lots) from 7 private property owners in order to construct a series of retention ponds associated with the N.E. 7~ to 10~ Avenue Stormwater Improvement Project Approve the spending of $1,512.50 of City funds by the Sister Cities Tntemationai Steering Committee for incorporation fees, membership fees, and participation in a trade show in qufu, China in September of 2002 Uw Accept the written report to Commission of purchases over $10,000 for the months of 3une and .luly 2002 for informational purposes Cl'rY MANAGER'S REPORT: Motion to allow a brief presentation on the Palm Beach County Ordinance, which prohibits landscape irrigation between the hours of 9:00 a.m. and 5:00 p.m. in an effort to promote water conservation. The presentation will be made after the agenda item Legal. B. Ordinances-Second Reading - Rates and Charges Ordinance 02-045 FUTURE AGENDA 1'rEMS: A. First Budget Public Hearing (September 3, 2002 - 6:00 p.m.) B. Public Hearing to adopt Annual Fire Assessment Resolution (September 12, 2002) C. Final Budget Public Hearing (September 17, 2002) Resolution appointing Supervisor of Elections to handle and canvas absentee ballots and to represent the Municipal Canvassing Board at all LEA Testing (September 17, 2002) FRA Whistle Ban - Report (.]anuary 2003) - Delayed due to Federal Railway Administration Delay in Rulemaking Agenda Regular City Commission Meeting Boynton Beach, Florida August 20, 2002 Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section 11.3. Environmental Review and associated references to Environmental Review Permit: or the Environmental Review Committee (I'BA) Proposed Resolution No. R02-016 regarding authorizing the use of eminent domain to acquire the public right-of-way necessary to develop the Boynton Beach Boulevard Promenade and Riverwalk - Tabled on 01115102 (Status report on September 17, 2002) X. DEVELOPMENT PLANS: None X/. NEW BUSZNESS: None XZZ. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 02-029 Re: Amending the Future Land Use Element of the Comprehensive Plan from Local Retai~ Commercial (LRC) to High Density Residential (HDR) for Showcase Realty (Kensington Place) (TABI. ED TO 8/20.) = Proposed Ordinance No. 02-030 Re: Amending Ordinance 91-70 to rezone a tract of land from C-2 (Neighborhood Commercial) to PUD (Planned Unit Development) for Showcase Realty (Kensington Place) C~AB~ 7'0 8/~0) Proposed Ordinance No. 02-033 Re: Amending Part TT of the Code of Ordinances to provide for duties for the Code Compliance Administrator and amending Part ;[I~T of the Code of Ordinances to provide for the establishment of the position of City Engineer as the Director of the Engineering Department Proposed Ordinance No. 02-034 Re: Amending Chapter 18, Pensions and Retirement, Article II1 Municipal Police Officers' Retirement System, by amending Section 18-167 Powers of the Board, providing for further diversification of investments Proposed Ordinance No. 02-035 Re: Administration, Article ;ID, Elections, Section establish a revised redistricting boundary map Amending Chapter 2, 2-41 Voting Districts to Agenda Regular City Commission Meeting Boynton Beach, Florida August 20, 2002 Proposed Ordinance No. 02-036 Re: Submitting to referendum an amendment to the Charter, at Article I, Section 17, entitled "Composition, Election, Terms, Vacancies," to provide that City Commission candidates shall reside within the district they seek to represent for a period of not less than one year prior to filing for office Proposed Ordinance No, 02-037 Re: Submitting to referendum an amendment to the Charter, Article I, Section 21, entitled "Authority to Contract; Execution; Attestation and Seal,"to eliminate the requirement that the Mayor shall execute all city contracts Proposed Ordinance NO. 02.038 Re: Submitting to referendum an amendment, to the Charter, at Article IV, entitled "Administration," Section 49, entitled "General Provisions," to clarify the authoriW of the City Manager: to hire or remove City employees without Commission confirmation Proposed Ordinance No, 02-040 Re: Submitting to referendum an amendment to the Charter, at Article 1V, entitled "Administration," Section 54, entitled "Duties, Powers, Privileges of Mayor," to eliminate the authority of the Mayor to bid on behalf of the City at .ludicial sales 10. Proposed Ordinance No. 02-042 Re: Submitting to referendum an amendment to the Charter at Article IV-A, entitled "Merit system for Personnel," and in particular deleting Section 72.3, entitled "Personnel Director" 11. Proposed Ordinance No. 02-043 Re: Submitting to referendum amendments to the Charter at vadous articles and sections in order to delete obsolete or pre-empted provisions of the Charter and to consolidate and reorganize existing provisions 12. Proposed Ordinance No. 02-044 Re: Amending Section 6-5 of the Code of Ordinances, General Powers of Cemetery Board proposed Ordinance No. 02-045 Re: Amending Chapter 26 of the Code of Ordinances pertaining to the rates and charges for utility services 14. proposed Ordinance No. 02-046 Re: Amending Ordinance No. 01-25, providing for amended qualifying pedods and exempting the City from Laws of Florida, Chapter 83-478 Agenda Regular City Commission MeeUng Boynton Beach, Florida August 20, 2002 B. Ordinances- 1~ Reading Proposed Ordinance No, 02-047 Re: Adopting the Boynton Beach Administrative Amendments to the 2001 Florida Building Code Proposed Ordinance No. 02-048 Re: Amending Chapter 16, Section 16,61 of the Code of Ordinances to clarify regulations regarding boat launching and trailer parking user fee at Boat Club Park Resolutions: 1. Proposed Resolution No, 02-147 Re: Amending No. R02-085 by further amending the Fire Assessment Roll Other: 1. Resolution Motion to approve the mediated settlement with Plaintiff Wondzola White in the amount of $11,000 2. Motion to approve the mediated settlement with Plaintiff Rachel McCaffrey in the amount of $20,000 UNFZNZSHED BUSZNESS: Authorize staff to proceed with the demolition of the Old Mangrove Park High School (125 E. Ocean Avenue) at a cost not to exceed $250,000 ADJOURNMENT: NOTICE IF A PERSON DC-CIDE~ TO APPEAL ANY DECISZON MADE BY THE CITY COMMISSION ~ RESPECT TO ANY PIAH r.K CONSIDERED AT THIS Iql:t:l[NG, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSEt HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRYING IS MADEe WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED, (F.S. 286.0105) THE CZTY SHALL FURN~=H APPROPR~TE ALIX~UARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDW~DUAL WITH A DISABIUTY AN EQUAL OFIaORTIJNITY TO PARTICIPATE IN AND EN3OY THE BENEfiTS OF A SERVICEr PROGRAMt OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT .IOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE cTrY TO REASONABLY ACCOMMOOATE YOUR REQUEST, bg FINAL AGENDA 8/20/2002 8:53 AM S:\CC~WP~CCAGENDA~,GENDAS\YEAR 2002~82002 FINAL AGENDA. DOC 9 V.-ANNOUNCEMENTS & PRESENTAT/ONS Item B.l.a Whereas, fighting fires is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage and selfless concern for the welfare of our citizens; and Whereas, in addition to their daily service to communities, firefighters throughout the state and across the nation have joined the Muscular Dystrophy Association for the past 49 years in the fight against neuromuscular diseases; and Whereas, Florida firefighters collected a record breaking $1,142,000 in over 300 communities with their 2001 "Fill the Boot" campaign for MDA, again making them MDA's largest source of funding; and Whereas, the funds collected by the City of Boynton Beach firefighters assist MDA in providing medical services at local clinics, summer camp, research grants, support groups and 3ublic education seminars at no cost to local children and families; and Whereas, in honor of the efforts of the City of Boynton Beach firefighters, the Muscul~ Dystrophy A_ssociation in sponsoring City of Boynton Beach Firefighter Appreciation Week; and Whereas, it is appropriate for all City of Boynton Beach Citizens to join the Muscular Dystrophy Association in this tribute to our firefighters. Now, therefore, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim August 26-September 2, 2002, to be observed as "City of Boynton Beach Firefighter Appreciation Weak" And urge ali citizens to recognize Boynton Beach firefighters for their efforts on behalf of the Muscular Dystrophy Association. In witness whereof, I have hereunto set my hand and caused the seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 20m day of August, Two thousand two. A']'I'EST: Gerald Broening, Mayor City of Boynton Beach City Clerk (Corporate Seal) S:\CC~WP~CCAGENDALProclamationsLgirefighter Appreciation Week - 2002.doc Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VI.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEAC AGENDA ITEM QUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please maintain this request on the August 20, 2002 City Conurdssion Agenda under Public Hearing. Request was made by the applicant to be tabled on the August 6, 2002 City Commission Agenda to August 20, 2002. The Planning and Development Board on July 23, 2002 with a 4 to 3 vote recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-142. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Bethesda Hospital Physician Parking (LUAR 02-004) Jaime Gentile, Kilday and Associates, Inc. Bethesda Memorial Hospital, Sintilien Georges, Jesus & Joan Santiago 2700 Block of SW 4e~ Street Request to amend the Comprehensive Plan Future Land Use Map for a 1.43-acre parcel from Low Density Residential (LDR)to Public and Private Govemmenfflnstitutional. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A -D;velop ~t~De~artmen~e. c City Manager's Signature City Attorney / Finance / Human Resources S:XPlanning~SHARED\WP~PROJECTSXBethesda\LUAR 2002~genda Item Request Bethesda Hosp. Amend LUAR 02-004 8-20-02 .dot S:x,BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT D EPARTME,NT bIEbIORANDUM NO. PZ 02-142 TO: FROM: THROUGH: Chairman and Members Planning an,d. De~nr Board Dick Hudson~en~rPtanner Michaet W. Rumpf Director of Planning and Zoning DATE: ,ruly 15, 2002 Project/Applicant: PROJECT DESCRIPTIO,N Bethesda Memorial Hospital Agent: .ramie Gentile/Kilday and Associates. [nc Owner: Bethesda Memorial Hospital, Sintilien Georges, Jesus & Joan Santiago Locatio n: 2700 block of SW 4t~ Street (Seacresr Hills) (See Ex_h/bit A) File No: Land Use Amendment/Rezoning (LUAR 02-004) Property. Description: Four single-family homes as well as vacant property, comprising :I.43 acres, classified Low Density Residential (LDR) and zoned R-I-AA (Single Family Residential) Proposed change/use: To reclassify the subject property from Loxv Density Residential (LDR) to Public & Private GovemmentaL/t. nstitutional (PPGI), and rezone from R-l-AA. (Single Family Residential) to PU (Public Use) for the purpose ofbuilding an au-ciliary paring facility. Adjacent Land Uses and Zoning: North: Developed single-family homes in the Seacrest Hills subdivision, desig'nated Low Densit3' Residential (LDR) and zoned R-1-A.A. (single family residential). South: Developed single-family homes in the Seacrest Hills subdivision, desig-nated Low Density. Residential (LDR.) and zoned R-1-.AA. (single family residential). East: Developed property (Bethesda Memorial Hospital campus) designated Public & Private Governmental/Institutional (PPGr) and zoned PU (Public Use). ~,Vest: Right-of-way of SW 4t~ Street then developed single-family homes in the Seacrest Hills subdivision, desig'nated Low DensiLy Residential (LDR) and zoned R-I-A.A (single family residential). PROJECT ANALYSIS The subject parcel totals _ 1.43 acre. Because of the size of the property under consideration, the Flor/da Depatux~ent of Community Affairs classifies this amendment as a "small scale" amendment. A "small- scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state and regional plans prior to adoption. Page 2 Bethesda Memorial Hospital Auxiliary Parking File Number: LUAR 02-004 The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2. Section 9..4dministration and Enforcement, Item C. Compre/,enxive Pl, m .4mend~ne~s: Rezoningx. The criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. VVhether the proposed amendment/rezoni~tj would be consistent with applicable comprehensive plan policies including but nor limited to. a ~rohibition against any increase in dwelling unit density exceeding 50 i~z rite hurricane evacuatiou zone without writrett approval of the Palm ~each County Emergency Planning Division and the City ~ risk manager ~e planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development qFthe propers, in order to comp(v with policies contained in the comprehensive plan. Policy 1.16. I provides a definition of the Public and Private Governmental/Tnstirutional land use classification and lists the uses generally allowed, including: "institutions and quasi-public uses: hospitals, nursing homes, and other health-care services or agencies..." There are no other Comprehensive Plan policies dealing with this land use classification or the interaction of the uses allowed in the classification with those allowed in other land use classifications. The intensity of a hospital use, however, is closely related to more intense commercial or industr/al uses. both in terms of traffic generated~ hours of operation, number of persons employed, light and noise ~mpacrs, as well as in tem,,s of benefits to the community. There are policies addressing the incompatibilities between residential uses and both high-intensity commercial and industrial uses. Policies 1.17.3 and I. 17.4 of the Future Land Use Element read as follows: i. 17.3 "The City shall continue to utilize and enforce requirements for buffer walls between residentiat and commercial or industrial districts as set forth in the zoning regulations "; and, 1.17.4 I. 17.4 "The City shall adopt and enforce re, clarions to require solid vegetative screening between industrial and residential uses, whereYer practical, in addition to buf-fer walls." The justification statement submitted by the agent on behalf of the applicant (Exhibit B) underscores the existing incompatibilities, stating, "Due to the inre~tse nature of the various mechanical equipment that is located behind the hospital, near the western property line, there have been inevitable conflicts between the neighbors and the hospital. Discussions with the neighbors have revealed that the primary issue for them is the noise that the mechanical equipment creates." b. [r/7tether the proposed amendment,'rezo~zin*o would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant q£special privilege to an individual property owner as contrasted with the protection of the public welfare. The applicant offers that by extending the hospital-related parking uses into the residential neighborhood; a suitable and significant buffer can be created to alle~,-iate the incompatibility issues. The proposed land use amendment and rezoning might appear as ancillary to the abutting hospital uses to the east, nevertheless, the change .would create an intrusion of an incompatible and intense use into the stable residential neighborhood: to the west. Even though the hospital's most intense impacts are in very close proximity to the homes, there is a regular and accepted boundary, separating the ~,,vo uses. The intrusion of the hospital's uses will not only serve to weaken the'existin~ fabric of a stable residential neighborhood, but could also haw a negative effect on propertTv values, in part by establishing a unique dement that would make the neighborhood less desirous as a place to live. Page 3 Bethesda Memorial HosPkal Auxiliary Parking File Number: LUA.R 02-004 c. Whether changed or changing conditions ma/ce the proposed rezoning desirable. The app[icant has cited increasing demands for hospital parking as an on-going problem, and proposes ro solve a part of that dilemma with the constructton or' ~.vo covered parking structures for physicians. A luly 1999 in-house parking study, prepared Associates, Inc.. outlined eleven ( parking demands. .taft is unaware of any, more recent, mons. In June 2000 became the site of Ar that time the hospital's ~ repeated several exploring different staft, so that in d. public facilities. The tweltings and four vacant ~ use will in services. The not be provided:access to S~ W. 4a Street. as 40 trips per day, and is not expected to generate any ad{ Whether the proposed use would be cotnpatible with Utility systems roadways, and other from the land supply for residential recreation faci~lities and facilities would by as many ~erry,. With respect to solid waste the S Authority, has stated, within that adequate per/od. Lastly, drainage application, and must satisfy all requirements of the 18, 200 [, O-year planning [ use e. FF'hether use of adjacent and nearby. properties. As stated in response to cr/ter/on "b" above, both the applicant and staff a~ee that the use is incompatible with the abutting residential uses. While the applic: i as an enhancement to the residential neighborhood that could have ~' i values, staff is of the opposite opinion. fi I~r'hether the property is physically and econotnicatly .developable under the e, cisring zoning. Physically, the vacant property, is developable for single-flmily homes. In the j~ for the amendmen,,,/rezoning, the applicant states that some of the most noxious the hospital abut these properties, thereby already reducing the economic value of iai use; and furr. her states, that the size and dimensions of the property, make it unsuital: le use other than parking. g. ~hether the proposed amendtnent/rezoning ix of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. Based on site plans submitted for the parking structures, there will be a total of ei parking spaces provided. Given the existing spaces that will b net increase is seventy-three (73)spaces. This increase may relate hospital's doctors; however, it seems to be only another problem that should be handled through a comprehensive master covered the needs of the t solve a while solving Page 4 Bethesda Memorial Hospital Auxiliary Parking File Number: LUA.R 02-004 its o~vn immediate problem, the hospital is creating lasting problems ~br the stable residential neighborhood that must absorb its impacts. h. Whether there are cidequate sites elsewhere m rite cio'iht the prolJoxed ,txe. in ~lixtricts where such use is already allowed. Because of the very nature of an accessory parking use. a citywide consideration of sites is nor applicable: however, based on the information contained in the [ 999 parking study, there are no other areas adjacenr to the hospital that can serve as parking and would also afford the physicians the proximity ro the hospital that they require. CONCLUSIO NS/RE COMME~N-DATIONS As indicated herein, this request is not consistent with the intent of the Comprehensive Plan. Granting the applicant's request will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; however, the amendment and rezoning wilt be incompatible with adjacent land uses and could have a negative effect on the value of the adjacent residential properties. Therefore, staff recommends that the subject request be denied. If the final recommendation is for approval of the request, conditions should be added to the approval that would ensure the construction of a solid six (6) foot masonry wall and heaw landscaping cr}~pletety along the boundary separating the hospital uses from the residential neighborhood, in conformance ~vith the Future Land Use Element policies 1.17.3 and I. 17.4. These would be included as a separate exhibit. ATTACI-~IENTS ~\Ch~MA i~S H RD ATA~P~a, nning~$ HAR~D~ WP~.P ROJEC'T~Ba~hm~\ LU~ " Location MaP Bethesda Hospital Physician Parking NWSP 02-011 EXHIBIT "A" PUD PU ~ SE 27TH CT~ ' 300 0 300 600 Feet Kilda¥ & Associates Landscape Architects / Planners 1551 Forum Place, Suite 100A West Falm Beach, Fiorfda 33401 (561) 689-5522 · Fax (561) 689-2592 E-Mail: info@kildayinc.com Exhibit B JUSTIFICATION STATEMENT Bethesda Hospital Land Use / Rezoning This pedtion is presented by Kilday & Associates, Inc. as authorized agent for the property owners, to amend the land use designation and zoning on property located around the Bethesda Memorial Hospital. This application will amend the land use designation on a 1.43 acre from Low Density Residential (LDR) to Public-Private, Government/Institutional (PPGD, and the zoning from RIAA to Public Use (PU). Upon approval of this application (as well as a concurrent rezoning application on 10 acres along the northern property line of the hospital) the entire hospital, property wilt be under a single land use designation (PPGi') and zoning district (PU), which are consistent with the uses asso-ciated with the hospitall The subject property includes eight lots, six (lots 1-6) of these are owned by the hospital. The remaining two lots (lots 7 & 8) are under contract by the hospital for purchase. These eight lots are part of an established residential subdivision called Seacreast Hills. A central problem that the hospital has repeatedly faced over the years is a shortage of adequate parking spaces. This has created an unsightly and dangerous situation for its staff, patients, and visitors. Presently, the most acute parking shortage for the hospital is in the physician parking area behind the. main building. Therefore, the hospital is proposing to construct additional parking spaces, within a covered parking structure, which will serve the hospital's physicians. A concurrent site plan application has been submitted with this application for these covered parking spaces. This proposal will serve two purposes. First, it will provide the necessary parking spaces for the hospital physicians, close to the physician entrance. Second, it will help to resolve some of the incompatibility problems that currently exist between the hospital and adjacent homeowners. The area subject to this application currently serves as a buffer zone between the residential community and the hospital The current uses on site (sin~e fam/ly homes and vacant lots) have failed to provide a sufficient functional barrier between the adjacent incongruent land uses. Due to the intense nature of the various mechanical equipment that is located behind the hospital, near the western property line, there have been inevitable conflicts between the neighbors and the hospital. Discussions with the neighbors have revealed that the primary issue for them is the noise that the mechanical equipment creates. These residents have recommended that a solid wall be constructed to act as a visual and functional banSer along the western property line. The proposed land use amendment, rezoning, and subsequent site plan approval will permit the hosPital to rectify the existing incompatibilities along this property line by JUSTIFICATION STATEMENT Bethesda Hospital Page 1 of 4 incorporating a substantial barrier between the hospital and adjacent homes, tn addition, some of the existing parking pressures that exist within the hospital property can be relieved with the physicians parking area. 1) would be consistent with applicable , The proposal is consistent with the Comprehensive Plan policies described in the previous section. 2) Whether the proposed land use amendment/rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to The exi,~ homeowners. ¢ addition, 3) pattern along the west property line of the hospital has been be l~i:oblematic ~or bo~ the hospital :and the adjacent The various mechanical uses located in the rear of the hospital property, physical buffer, have created this problem. In situation for their physicians is a problem helps to rectify both situations. or changing conditions make the proposed land use issues for upon the the hospital have created compatibility In addition, the hospital's parking needs are contingent success of the medical facilities. 4) Whet. her the proposed land use amendment/rezoning would be compatible with utility systems, roadways and other public facilities. . .... Since Will result in a reduction of eight dwelling umts, tins peuuon will reduce thei on .the City's public services. . amendment/rezoning would be compatible with of adjacent and nearby properties or wouM affect As a exist this .al, the incompatibility issues that currently hospital can be alleviated. The value of the of a substantial, attractive buffer along values will increase by virtue of fact that their will now its proposed uses for the area. physical and economically developable under the ,us uses associated with the hospital, which catrent residents. Obviously, developing the JUSTIFICATION STATEMENT Bethesda Hospital Page 2 of 4 remainder of the lots as single family homes, as is currently permitted in the land use and zoning district, would be a grievous error. Bringing these lots, six of which are already owned by the hospital into the overall Bethesda Hospital plan is the best use for these properties. 7) Whether the proposed land use amendment/rezoning is of a scale that is reasonably related to the needs of the neighborhood and the city as a whole. The scale of this land use/rezoning has been established to meet the e:(act needs of the hospital, the surrounding community, as well as the City's healthcare needs. 8) Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. Considering the fact that the physicians parking area must be in close proximity to the hospital and the fact that there are existing incompatibility issues which can be rectified with this petition, there are no other similarly available site. Il(h) 1-5 A comparison of the impacts that would be created by the development under the proposed zoning with the impacts that would be created by development under the proposed zoning. The existing zoning for is R1AA. There are eight platted single family lots on the property. Therefore, eight single family homes could be built on the site, each with driveways accessing SW 4ta St. This rezoning to PU is to permit the area to be used for physician parking and will eliminate the accesses onto SW 4~a St. The size and dimensions of the:site essentially make it unsuitable for any other hospital uses. By eliminating the potential for eight homes, the impacts on water, sewer, traffic, em will be diminished with this rezoning approval. II.(h)6 Comparison of water demand for proposed and existing zoning. The Palm Beach County standard for determining water demand is 180 gallons per capita and 2.4 persons per unit. Under the existing zoning the site would generate a total of 3,456 gallons per day. Under the proposed zoning, there are no anticipated no water needs. In addition, the landscaping irrigation facilities that will sene this site landscaping are already available to the property. II(h)(7) Comparison of sewer demand for proposed and existing zoning. The Palm Beach County standard for determining sewer demand is 100 gallons per capita and 2.4 persons per unit. The existing zoning will generate 1,920 gallons per day. Under the proposed zoning, there are no anticipated sewer needs. JUSTIFICATION STATEMENT Bethesda Hospital Page 3 of 4 II.c.(8-12) At the request of the Planning Department, or City Commission, the regarding the site. The propos sewer, and providing,' information by Additional information will be provided to: staff or officials as needed. JUSTIFICATION STATEMENT Bethesda Hospital Page 4 of 4 Kimtey-Horn and Associates, Inc. Exhibit C ALTERNATiVES FOR PARKING EXPANSION Opffons To accommodate this increase in demand, the following options for parking expansion were identified by the Bethesda Memorial Hospital staff: 1. Nort&we~t parking lot - converting to a three-levelgarage 2. Northwest parking lot - converting to a two-level garage 3. Northeast parking lot - converting to a three-level garage 4. Northeast parking lot - converting to a two-level garage 5. 23~ 3.venue property (north of hospital) - constructing a 'su~ace parking lot 6. 23~ 3,venue / Seaerest Boulevard property - constructing a surface parking lot 7. 2800 Seacrest BouIevard proper~T - constructing a surface parking lot 8. 2800 Seaere~ Boule,~rd property - constructing a two-level garage 9a. 2800 Scacrest Boulevard property - constructing a two-level garage + I story building 9b. 2800 $eacrest Boulevard properz7- constructing a three-leveIgarage I0. Early Learning Center border expav~on - constructing a surface parking lot I [. Westchester residential area - constructing a surd. ace parking lot Table 3 lists the approximate number ofparkLng spaces that couid be added by each option listed above. The actual number of spaces that can be built on a site is highly dependent on a number of factors, including site configuration, parking space dimensions, and landscaping requirements. The e~timates provided in this Page I0 GOLF RD. 23rd AVE. ! 23rd AVE. PARCEL I N.W. I/' N.E-- j L I PARKING I I II I WESTCHESTER III i I RESIDENTIAL I t..__J I! I I I i i I AREA ! i I ! II I I I I ! !! I I I I i !:i IEARLY I I I I !i I LEARNING I I I J I II ICENTER / I I II IBORDER /" Ii / / i~..... _ _II ! I IEXPANSION I ~ / I I/~'-~-~1 I ~.~ / I!~.~! ......®J I 2800 ISEACREST ! ®, ! ! ! / / // / 24th Al/. 2450 I I ST j I i 25th AV. FIGURE 3 i / BETHESDA HOSPITAL PARKING ALTERNATIVES NOT TO SCALE ~l~I~ Inc. Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VI.-PUBLIC ITEM B. CITY OF BOYNTON BEAC[ AGENDA ITEM REQUEST FORM HEARING Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to CiW Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [-]. Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please maintain this request on the August 20, 2002 City Commission Agenda under Public Hearing. Request was made by the applicant to be tabled on the August 6, 2002 City Commission Agenda to August 20, 2002. The Planning and Development Board on July 23, 2002 with a 5 to 2 vote recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02- 142. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Bethesda Hospital Physician Parking (LUAR 02-004) Saime Gentile; Kilday and Associates, Inc. Bethesda Memorial Hospital, Sinfilicn Georges, Jesus & Joan Santiago 2700 Block of SW 4~ Street Request to rezone a 1.43-acre parcel from R-I-AA (Single Family ResidentiaI-5.40 du/ac) to PU (Public Usage). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A "~)e~,~lop~,~nt'De~a~tmem DXtrector Pl 'rig an~r~Zoni~12iirector City Manager,s Signature City Attorney / Finance / Human Resources S:XPIanning~SHARED\WP~PROJECTSXBethesda~LUAR 2002LAgenda Item Request Bethesda Hosp. Rezone LUAR 02-004 8-20-02.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT ME?vIOIL&NDUM NO. PZ 02-142 TO: Chairman and Members Plannin~ and Dev~l~vment Board FROM: Dick Hudson~,~j,en~r Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: July 15, 2002 Project/Applicant: PROJECT DESCRIPTION Bethesda Memorial Hospital Agent: Jamie Gentile/Kilday and Associates, Inc Owner: Bethesda Memorial Hospital, S intilien Georges, Jesus 8,: Joan Santiago Location: 2700 block of SW 4t~ Street (Seacrest Hills) (See Exhibit A) File No: Land Use Amendment/Rezoning (LUAR 02-004) Property. Description: Four single-family homes as well as vacant property comprising '+1.43 acres, classified Low Density Residential (LDR) and zoned R-l-AA (Single Family Residential) Proposed change/use: To reclassify the subject property from Low Density Residential (LDR) to Public & Private Governmental/Institutional (PPGI), and rezone from R-t-AA (Single Family Residential) to PU (Public Use) for the purpose of building an auxiliary parking facility. Adjacent Land Uses and Zoning: North: Developed single-family homes tn the Seacrest Hills subdivision, desigTmted Lo~v Densiw Residential (LDR) and zoned R-l-AK (single family residential). South: Developed single-family homes in the Seacrest Hills subdivision, designated Low Denstty Residential (LDR) and zoned R-I-.~. (single family residential). East: Developed property (Bethesda Memor/al Hospital campus) desi_mnated Public & Private Governmental/hastitutional (PPGI) and zoned PU (Public Use). JVest: Right-of-~vay of SW 4th Street then developed single-family homes in the Seacrest Hills subdivision, designated Low Density Residential (LDR) and zoned R-l-AA (single family residential). PROJECT PdNALYSIS The subject parcel totals _+ 1.43 acre. Because of the size of the property under consideration, the Flor/da Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small- scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state and regional plans prior to adoption. Page 2 Bethesda Memorial Hospital Auxiliary Park/ng File Number: LUAR 02-004 The criteria used to review Comprehensive P-lan amendments and rezonings are listed in A_,-ticle 2. Section 9, A&ninistration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. The criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land-Use Map. Whether the proposed amendment/rezoning would be consistent with applicable comprehensive plan policies including but not limited to. a prohibition against an.v increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Di¥ision anti the Ci~.' 's risk manager.. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. Policy I. 16.1 provides a definition of the Public and Private Governmental~Institutional land use classification and lists the uses generally allowed, including: "institutions and quasi-public uses; hospitals, nursing homes, and other health-care services or agencies..." There are no other Comprehensive Plan policies dealing with this land use classification or the interaction of the uses allowed in the classification with those allowed in other land use classifications. The intensi .ty of a hospital use, however, is closely related to more intense commercial or industrial uses, both in terms of traffic generated, hours of operation, number of persons employed, light and noise impacts, as well as in terms of benefits to the community. There are policies addressing the incompatibilities bet-,veen residential uses and both high-intensity commercial and industr/al uses. Policies 1.17.3 and 1.17.4 of the Future Land Use Element read as follows: 1.17.3 "The City shall continue to utilize and enforce requirements for buffer walls between residential and commercial or industrial districts as set forth in the zoning regulations "; and, 1.17.4 1.17.4 "The City shall adopt and enforce re, clarions ro require solid vegetative screen,' industrial and residential uses, wherever practical, in additior buffer walls." The justification statement submitted: by the agent on behalf of the applicant (Exhibit B) underscores the existing incompatbilifies, stating, "Due to the intense nawre of the various mechanical equipment that is located behind the hospital, near the western property line, there have been inevitable conflicts bet,veen the neighbors and the hospital. Discussions with the neighbors have revealed that the primary issue for them is the noise that the mechanical equipment creates." b. [Vhether the proposed amendtnent/rezoning would be contrary to &e established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual proper~, owner as contrasted with the protection of the public welfare. The applicant offers that by extending the hospital-related parking uses into the residential neighborhood; a suitable and significant buffer can be created to alle,~Sate the incompatibility issues. The proposed land use amendment and rezoning might appear as ancillary, to the abutting hospital uses to the east, nevertheless, the change would create an intrusion of an incompatible and intense use into the stable residential neighborhood to the west. Even though the hospital's most intense impacts are in very close proximity to the homes, there is a re.far and accepted boundary, separating the t,.vo uses. The intrusion of the hospital's uses will not only serve to weaken the existing fabric of a stable residential neighborhood, but could also have a negltive effect on property, values, in parr by establishing a unique element that would make the neighborhood less desirous as a place to live. Page 3 Bethesda Memorial HosPital Auxiliary Parking File Number: LUAR 02-004 c. Whether changed or changing contritions make the proposed rezoning desirable. The applicant has cited increasing demands for hospital parking as an on-going prob [em. and proposes to solve a part of that dilemma with the construction of two covered par'king structures for physicians. A luty 1999 in-house parking study; Kimley-Hom and Associates ofany, ~June 2000, [ that At that time ~, the hospital's plans repeated several ex~ s of 'm that d. Whether the proposed use would be cotnpatible with utili~, systems, roadways, and other public facilities. The proposal to j dWellings and four vacant parcels from the land supply for residential use will in mm reduce · services as well as recreation facilities and services, submitted by the applicant states that the facilities would not be provided W. 4* Street, potentially reducing traffic on the many as 40 trips expected to generate any additiOnal traffic to. the overall hospital Property. With respect to solid waste the Solid Waste Authority has stated, within a letXer dated December 18, 200 l, 1 O-year planning use application, and must satisfy all requirements of the city and:local drainage use of or nearby a Whether the proposed rezoning adjacent and nearby properties, properties. As stated tn response to criterion "b' above, both the applicant and staff a~ee that the use is incompatible with the abutting residential uses. While the applicant sees the construction e structures as an enhancement to the residential neighborhood that could have a positive values, staff is of the opposite.opinion. f Whether the property is physically and economically developable under the a, risting zoning. Physically, the vacant property is developable for single-family homes. In the justification for the amendmen'Jrezoning, the applicant states that some of the most noxious uses ~ abut these properties, thereby already reducing the economic value of them use; and further states, that the size and dimensions of the property make it unsuitabIe than par'king. g. Whether the proposed amendment/rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. Based on site plans submitted for the parking structures, there will be a total of eigh~-five (85) covered parking spaces provided. Given the existing spaces that will be lost to circfilation and landscaping, the net increase is seventy-three (73) spaces. This increase may relate to the i~ediate needs of the hospital's doctors; however, it seems to be only another incremental adjustment t° temporarily solve a problem that should be handled through a comprehensive master parking plan. In addition, While solving Page 4 Bethesda Memorial Hospltal Auxiliary Parking File Number: LUAR 02-004 its oxvn ~mmediate problem, the hospital is creating lasting problems ibr the stable residential neighborhood that must absorb its impacts. h. ~Vhether there are-adequate sites elsewhere in dte cio'for the proposed uxe. in dixrricts where such use is already allowed. Because of the very nature of an accessory parking use, a ci ,ry~vide consideration of sites ts nor applicable: however, based on the information contained in the 1999 parking study, there are no other areas adjacent to the hospital that can serve as parking and would also afford the physicians the proximity to the hospir.aI that they require. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is not consistent with the intent of the Comprehensive Plan. Granting the applicant's request will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; however, the :amendment and rezoning will be incompatible with adjacent land uses and could have a negative effect on the value of the adjacent residential propernes. Therefore, staff recommends that the subject request be denied. If the final recommendation is for approval of the request, conditiOns should be added to the approval that would ensure the conslruction ora solid six (6) foot masonry wall and heavy landscaping er}mpletety along the boundary separating the hospital uses from the residential neighborhood, in conformance with the Future Land Use Element policies 1.17.3 and 1.17.4. These would be included as a separate exhibit. ATTACI-~IENTS ~,\ChLMALN'~ H RD ATA\P lanning\S H. AR.ED\WP~ PROJECT$\ ~h~ta\ LUAR 2002~smff r~rrdoc Location Map Bethesda Hospital PhysiCian Parking NWSP 02-011 EXHIBIT "A" PUD PU %"~'· : SE 27TH CT!, - 300 0 300 600 Feet Kiiday & Associates Landscape Architects / Planners 1551 Forum Place, Suite 100A West Palm Beach, Florida 33401 (561) 689-5522- Fax (561) 689-2592 E-Mail: info@kildayinc.com Exhibit B ,JUSTIFICATION STATEMENT Bethesda Hospital Land Use / Rezoning This petition is presented by Kilday & Associates, Inc. as authorized agent for the property owners, to amend the land use designation and zoning on property located around the Bethesda Memorial Hospital. This application will amend the land use designation on a 1.43 acre from Low Density Residential (LDR) to Public-Private, Government/Institutional (PPG1), and the zoning from R1AA to Public Use (PU). Upon approval of this application (as well as a concurrent rezoning application on 10 acres along the northern property line of the hospital) the entire hospital property will be under a single land use designation (PPGI) and zoning district (PU), which are consistent with the uses associated with the hospital. The subject property includes eight lots, six (lots 1-6) of these are owned by the hospital. The remaining two lots (lots 7 & 8) are under contract by the hospital for purchase. These eight lots are part of an established residential subdivision called Seacreast Hills. A central problem that the hospital has repeatedly faced over the years is a shortage of adequate parking spaces. This has created an unsightly and dangerous situation for its staff, patients, and visitors. Presently, the most acute parking shortage for the hospital is in the physician parking area behind the main building. Therefore, the hospital is proposing to construct additional parking spaces, within a covered parking structure, which will serve the hospital's physicians. A concurrent site plan application has been submitted with this application for these, covered parking spaces. This proposal will serve two purposes. First, it will provide the necessary parking spaces for the hospital physicians, close to the physician entrance. Second, it will help to resolve some of the incompatibility problems that currently exist between the hospital and adjacent homeowners. The area subject to this application currently serves as a buffer zone between the residential community and the hospital. The current uses on site (single farrfily homes and vacant lots) have failed to provide a sufficient functional barrier between the adjacent incongruent land uses. Due to the intense nature of the various mechanical equipment that is located behind the hospital, near the western property line, there have been inevitable conflicts between the neighbors and the hospital. Discussions with the neighbors have revealed that the primary issue for them is the noise that the mechanical equipment creates. These residents have recommended that a solid wall be constructed to act as a visual and functional barrier along the western property line. The proposed land use amendment, rezoning, and subsequent site plan approval will permit the hospital to rectify the existing incompatibilities along this property line by JUSTIFICATION STATEMENT Bethesda Hospital Page I of 4 incorporating a substantial barrier between the hospital and adjacent homes. In: addition, some of the existing parksng pressures that exist within the hospital property can be relieved with the physicians parking area. 1) would be consistent with The proposal is consistent previous sectiOn. Plan policies described in the 2) amendment/rezoning would be contrary to the Use pattern, or would create an isolated district unrelated to , districts or would constitute a grant ofspecialprivilege to owner as contrasted with the protection of the public The addition; that the 3) along the west property line of the hospital has been t to be problematic for both the hospital and the adjacent various mechanical uses located in the: rear of the hospital property, buffer, have created this problem. In situation for their physicians is a problem petition helps to rectify both situations. or changing conditions make the proposed land use issues for upon 4) Whether t Since t~his reduce the behind the hospital have created compatibility leeds are contingent facilities. would be compatible with md other public facilities. dwelling units, this petition will on t. he City's public services. amendment/rezoning would be compatible with of adjacent and nearby properties or would affect As a )val, the incompatibility issues that currently ' the hospital can be alleviated. The value of the adjacent ~'ation of a substantial, attractive buffer along this property , virtue of fact that their will now be certainty in the hospital bound~es and its proposed uses for the area. The. Sub has created and economically developable under the t noxious uses associated with the hospital, which of the current residents. Obviously, developing the JUSTIFICATION STATEMENT Bethesda Hospital Page 2 of 4 remainder of the lots as single family homes, as is currently permitted in the land use and zoning district, would be a grievous error. Bringing these lots, six of which are already owned bY the hospital, into the overall Bethesd~ Hospital plan is the best use for these properties. 7) Whether the proposed land use amendment/rezoning is of a scale that is reasonably re~ate~ to the needs of the neighborhood and the ci~ as a whole. The scale of this land use/rezoning has been established to meet the exact needs of the hospital, the surrounding community, as well as the City's healthcare needs. 8) Whether there are adequate sites elsewhere in the city for th~ proposed use, in districts where suCh use is already allowed. Considering the fact that the physicians parking area must be in close proximity to the hospital and the fact that there are existing: incompatibility issues which can be rectified with this petition, there are no other similarly available site. II(h) 1-5 A comparison of the impacts that wouM be created by the development under the proposed zoning with the impacts that wouM be created by development under the proposed zoning. The existing zoning for is R1AA. There are eight platted single family lots on the property. Therefore, eight single family homes could be built on the site, each with driveways accessing SW 4t~ St. This rezoning to PU is to permit the area to be used for physician parking and will eliminate the accesses onto SW 4m St. The size and dimensions of the site essentially make it unsuitable for any other hospital uses. By eliminating the potential for eight homes, the impacts on water, sewer, traffic, etc will be diminished with this rezoning approval. Comparison of water demand for proposed and existing zoning. The Palm Beach County standard for determining water demand is 180 gallons per capita and 2.4 persons per unit. Under the existing zoning the site would generate a total of 3,456 gallons per day. Under the proposed zoning, there are no anticipated no water needs. In addition, the landscaping irrigation facilities that will serve this site landscaping are already available to the property. Il(h)(7) Comparison of sewer demand for proposed and existing zoning. The Palm Beach County standard for determining sewer demand is 100 gallons per capita and 2.4 persons per unit. The existing zoning will generate 1,920 gallons per day. Under the proposed zoning, there are no anticipated sewer needs. JUSTIFICATION STATEMENT Bethesda Hospital Page 3 of 4 II.c.(8.I2) or City regardin~ the site. The sew¢ providing existing Additional inforrnation will be provided to staff or officials as needed. JUSTIFICATION STATEMENT Bethesda Hospital Page 4 of 4 Kimley-Horn and Associates, Inc, Exhibit C AL TERNA TIVES FOR PARKING EXPANSION Options To accommodate this increase in demand, the following options for parking expansion were identified by the Bethesda Memor/al Hospital staff: I. Northwest parking lot - converting to a three-level garage 2. Northwest parking lot - converting to a two-level garage 3. Northeast parking lot - converting to a three-level garage 4. Northeast parking lot - converting to a two-level garage 5. 23a Avenue property (north ofhospitaD- constructing a 'surface parking lot 6. 23~ .6.venue / Seacrest Boulevard property- constructing a surface parking lot 7. 2800 Seacrest Boulevard property - constructing a suoCaceparking tot 8. 2800 Seacrest Boulevard property - constructing a two-lever, garage 9a. 2800 Seacrest Boulevard property - constructing a two-leveI garage + 1 story building' 9b. 2800 Seacrest Boulevard property- constructing a three-levelgarage i0. Early Learning Center border expansion - constructing a surface parking lot I I. Westchester residential area- constructing a surf. ace parking lot Table 3 lists the approximate number of parking spaces that could be added by each option listed above. The actual number of spaces that can be built on a site is highly dependent on a number of factors, including site configuration, parking apace dimensions, and landscaping requirements. The estimates provided in this 04050600-01199 Page I0 ~GOLF RD.~_L ,. N.W. PARKING JGARAGE Ill I Ill I I t..__ JII i II ! i I II I I I !=1 I ! I !1 IEARLY i I ! I ! LEARNING I I Ii I I CENTER I I II IBORDER I ~TCHESTER ENTIAL AREA I 2800 ISEACREST ! ®, FIGURE 3 BETHESDA HOSPITAL PARKING ALTERNATIVES NOT TO SCALE ! ! I _1 Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VI.-PUBLIC HEARING ITEM C. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 CNoon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned ~n to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Pubhc Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the August 20, 2002 City Commission Agenda under Public Hearing. The Planning and Development Board with a unanimous vote, recommended that the subject request be Approved and forwarded to the City Commission for hearing on the August 6, 2002 agenda; however, the applicant requested postponement until the August 20, 2002 public hearing. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-143 and applicant's request for postponement. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Bethesda Hospital Rezoning (REZN 02-004) Jaime Gentile, Kilday and Associates, Inc. Bethesda Memorial Hospital South side of Southwest 23ra Avenue (Golf Road) between South Seacrest Boulevard and Interstate 95 Request to rezone a 10.37-acre parcel from PUD (Planned Unit Development) district to PU (Public Usage). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A v Devel6pme~Dep~uent Director Pla ' ~-arl~l Zo~ector ~gnamre City Attomey/ Finance / Human Resources I:\S HRDATA~lanning~ HARED\WP~P RO JECTSkBethes da~Bet hes da Memorial Hospital Rezoning 2002~Agenda Item Request Bethesda Hosp. REZN 02-004 8-20-02.dot ates Architects / Planners .~, Suite 100A (561) 689-5522 · Fax (561] 689-2592 www.kildayl nc.corn July 25, 2002 Mr. Dick Hudson City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425-0310 Re: Request for Postponement Petition Numbers LUAR 02-004, REZN 02-004 and NWSP 02-011 Our File No.: 352.18 Dear Mr. Hudson, Attached you will find 'a letter from Mr. Robert Hill of Bethesda Hospital requesting postponement of the above reference petitions to the August 20, 2002 City Commission meeting. Additionally, attached you will find a letter that our office is sending to ali of the residents of Chapel Hill inviting them to a meeting at the Hospital to discuss the hospital's proposal. We would very much like to have your attendance at the meeting as well. It is up to you whether you want to get actively involved in the meeting or merely to attend as an observer. It is our intent to provide as much information as possible to the entire neighborhood and see if there is some common ground to be found. ~erely, .. Attachments H:Clients/352.18_Correspondence/Hudson_July 25, 2002 DEVELOPMENT DEPARTMENT MEMOR_A~Nq)UM NO. PZ 02-143 TO: FROM: THROUGH: DATE: Project/Applicant: Agent: Owner: Location: File No: Property Description: Proposed change/use: Adjacent North: South: East: West: Chairman and Members Planning a~ment Board Dick Hud~, ~nior Planner Michael W. Rumpf Director of Planning and Zoning JulY 15, 2002 PROJECT DESCRIPTION Bethesda Memorial Hospital Jamie Gentile/Kilday and Associates, Inc Bethesda Memorial Hospital South side of SW 23~ Avenue (Golf Road) between South Seacrest Boulevard and Interstate 95 (Exhibit A). Rezoning (REZN 02-005) Developed property consisting of + 10.37 acres occupied by parking and other uses ancillary to the main hospital facilities, classified Public & Private Governmental/Institutional (PPGI) and zoned Planned Unit Development (PUD). To rezone the subject property from Planned Unit Development (PUD) to Public Use (PU). No additions are proposed to the existing development on the property. Land Uses and Zoning: Right-of-way of SW 2Yd Avenue (Golf Road) then developed residential property (High Point West Condominiums) classified High Density Residential (HI)R) and zoned R-3 Multi-family residential (10.8 du/ac) Developed property containing the main hospital facilities and under the same ownership as the subject property, classified Public & Private Govemmental/l. nstitutional (PPGI) and zoned PU Public Use. Developed single family homes (Winchester Heights) classified Low Density Residential (LDR) and zoned R-1-AA Single Family Residential (5.40 du/ac). Developed single family homes (Seacrest Hills) classified Low Density Residential (LDR) and zoned Rd-AA Single Family Residential (5.40 du/ac). PROJECT ANALYSIS The subject property is a portion of the Bethesda Memorial Hospital campus. All of this property is classified Public & Private Governmental/Institutional on the Future Land Use Map; ho~vever, m 1984, Page 2 Bethesda Memorial Hospital Rezoning File Number: REZN 02-005 shortly a~er the subject portion of the property was acquired, the hospital requested and xvas ~anted the Planned Unit DeVelopment (PUD) zoning that is now on the property. No additional development is anticipated on the property, and the rezoning will only serve to ensure that the zoning is consistent with the land use designation and consistent with the zoning on the portion of the hospital property to the south; nevertheless, staff is required to:provide an analysis of the request. The criteria used to review Comprehensive Plan amendments and rezonings are listed in ArtiCle 2, Section 9, Administration and EnforCement, Item C. Comprehensive Plan Amendments: Rez°nings. These criteria are required to be part of staff analysis of all applications for land use amendments and rezonings. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies inchtding but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the propertY, in °rder to comply with policies contained in the comprehensive plan. Policy 1.16. I in the Future Land Use Element provides a definition of the Public and Private Governmental/Institutional land use category, stating that the category "shall inchtde all PU Public Usage zoning districts." The policy also lists the uses generally ~allowed, including: "institutions and quasi-public uses; hospitals, nursing homes, and other health-care services or agencies..." The use of the property for activities ancillary to the hospital is consistent with the cited policy. b. Whether the proposed rezoning would be contrary to the,established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of Special privilege to an individualproperty owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district, but would relate tothe adjacent lands to the south under the same ownership. c. Whether changed or changing conditions make the proposed rezoning desirable. No changes have occurred that would make the rezoning either less or more desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Since no additional development on the subject property is anticipated at this time, there will be no additional impacts to the utility systems, roadways and other public facilities. Should any additional development be proposed for the property, concurrency issues would be considered at that time. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The rezoning of the property will neither enhance nor decrease the compatibility betxveen current use of the property and the use or' adjacent properties. Should any additional development be proposed for the property, compatibility issues would be considered at that time. Page 3 Bethesda Memorial Hospital Rezoning File Number: REZN 02-005 f Whether the property is physicaIl~v and economically developable under the existing zoning. The property is developed under the existing zoning and all of the uses present on the entire hospital campus are listed as permitted uses on this site under the rezoning ordinance, adopted in 1984 (Exhibit B). g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. Bethesda Memorial Hospital is an important asset to both the City of Bo,vnton Beach and the entire south Palm Beach County providing much-needed health care services. The proposed rezoning is an inte~at part of the hospital property; therefore, the rezoning is of a scale that is related to the needs of the neighborhood and the city. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. Sites elsewhere in the city could not serve the same use that this property serves for the hospital. CONCLUSIONS/REcoNE~IENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "C". ATTACHMENTS \\Ch~MAIN~HRDATA~Uhanning~HARED\Wl~PROJECTSX~Bethe~da\ltethesda Memorial Hospkal Re'zoning 2002Xataffreport. do¢ Exhibit B The structures that would be constructed on the ~roDosed parcel would be For the following possible uses: Medical Office Building Pharmacy EKG ECG Occupational. The?apy Respiratory Therapy Mid-Wives Services s cords Storage ~surance ion Storage Office Services ?Stores Mec Library Office )ffi ces al Hospital Auxiliary ation ,Fun'd Of fi ce Iff. Of fi ce ~e Offi ces uCation Servi ce 1 {pre and post par,turn) Clinic al Consultation italI Awareness Services Unit. ~PPENDIX TO EXHIBIT "B" .Paqe 1 Anatomic and Clinical Laboratory Cardiology Cardi ology Di agnosti cs Dental Diagnostic Radiology Endoscopy Ga stroent etD. logy Gynecology Neurology Noni nvas i ye Angi o'gr aphy Nuclear Medi tine Opthalmology Orthopedi c Otorhynolaryngo1 ogy Pulmonary Medici ne Rehabilitation Medicine Rheumatology urology . Nephrology CT Scanning- Ra~Jfatfon Therapy' Oncology Surgery Chemotherapy Speech' Pathology - Audiology Living Education - Nutrition - Obesity - Post Hospital Discharge Education - Smokihg Physical Therapy Servi ce - Omcologi c - Cardiac - Orthopedi c -- Burns - Neurologi c - Other Acute Gerontology Adult Day Care Home Health Care - - - Child Day Care Gerontologi c'Techni clan Training -Hospice Servi ce . Bereavement Servi ce . Invasii Ye Cardi ac. Anglography Compl)ex Neurology Problem Service Speci)al tzed Ophtha~ology m End Sltage Renal Disease Ele cthon, mi eros copy m APPENDIX TO EXHIBIT WB' Page 2 Infectious Disease BurnCare Continuing Medical Education for Medical Staff Community Health Education - Nutrition' - Obesity - I ,tion (CPR) n ~reness ion (for Lay Staff) Training e.g. CPR ~n Procedures ~ions Labor Shortage Specialties Ph Hos Pu Assessment and Attraction Service Service · Planning es to Community Groups es. zations Service of Press Relations Vo on Polling ions & Media ital Publication & Media tes Participation oupLtaison lat~ons Coordination APPENDIX TO EXHIBIT 'mB" Page 3 Location Map Exhibit A ___ AREA "B" 3OO PU C o 3o0 600 Feet Requested City comrmssion Meeting Dates [] August 6, 2002 VI. - PUBLIC HEARING ITEM E. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates July 17, 2002 (5:00 p.m.) [] October 1, 2002 Date Final Form Must in to City Clerk's (~fl~ce September t6, 2002 (NooCon~ [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) NATURE OF AGENDA ITEM RECOMMENDATION: [] Administrative [] Development Plans : [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report Please place this request on the August 20, 2002 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subJeCt request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-163. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: The Residences ~ Marina Village (REZN 02-005) Brace Jarvis, the Brace Group, Inc. AERC of Virgin/a Inc. 743 NE 1st Avenue Request to rezone~ the 6.93-acre Marina property from Central Business District (CBD) to Mixed Use-High Intensity (MU-H) to allow for the planned Mixed-Use Marina Project. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A -~ty-Manager's Signature Plannin~ and Zox(hlg Director City Attorney / Finance / Human Resources S:xPlanning~SHARED\WP~PROJECTSXMARINA~ZN 02-005XAgenda Item Request Residence ~ Marina Village REZN 02-005 8-20-02.dot S ABULLETIN~ORMSXCtGENDA ITEM REQUEST FORM.DOC TO: FROM: THROUGH: DATE: Project/Applicant: Agent: Owner: Location: File No: Property Description: DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 02-163 Chairman and Members Community. Redevelopmem Agency Board Dick Hudson, Senior Planner Michael W. Rumpf Director of Planning and Zoning August 6, 2002 PROJECT DESCRIPTION Marina Village Rezoning/AERC of Virginia, Inc. Bruce Jarvis/The Bruce Group AERC of Virginia, Inc. 743 NE 1s~ Ave. Rezoning (REZN 02-005) Vacant property consisting of +6.93 acres, classified Mixed Use (MX) and zoned CBD Central Business District Proposed change/use: To rezone the subject property from CBD Central Business District to MU-H Mixed Use High Intensity in order to develop a mixed-use project consisting of multi-family residential, commercial, marina uses, and a multi-story parking structure. Adjacent .Land Uses and Zoning: North: City-owned and leased property designated Mixed Use (MX) land use and zoned CBD Central Business District. To the northeast, the property containing mangroves has a Conservation overlay; and m the northwest is a city lift station and city park. South: To the southeast is the right-of way of Marina Drive (formerly Casa Loma Boulevard), then developed commercial property designated Mixed Use (MX) land use and zoned CBD Central Business District. To the southwest is Ocean Avenue then the Ocean Plaza corranercial property also designated Mixed Use (MX) land use and zoned CBD Central Business District East: The Intracoastal Waterway West: Developed commercial property (First Financial Plaza) designated Mixed Use (MX) land use and zoned CBD Central Business District Page 2 File Number: REZN 02-005 Marina Village PROJECT ANALYSIS The criteria used to review Comprehensive Plan amendments and rezOnings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan.Futu[.e Land Use Map. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but nOt limited to, a prohibition against any increase in dwelling unit densit) evacuation zone without written approval of the Palm The planning be '~ policies The requested zoning Intensity zoning district i ; and directions. The than do the CBD Central response to consistent with study. Community and are bo constitute a welfare. established land use pattern, o~ and nearby districts, or would an individual property owner as contrasted with the The proposed rezoning would Inot Se contrary to the established land use pattern or unrelated to adjacent and nearby development. c. Whether changed or changing conditions make the proposed rezoning desirable. The addition of the two m/xed use zoning districts, Mixed Use/Low-Intensity and Mixed Use/High- Intensity have provided greater oPtions: f~r development and redevelopment in the downtown area, including additional density, buil~ling height, and setback requirements. Furthermore, this rezoning and the resulting development would move the city a step closer to realization of its expressed v/sion of an urban downtown environment. d. Whether the proposed use Would be compatible with utility systems, roadways, and other public facilities. Impacts of the development on roadways, the city's utility systems and other public facilities either have been addressed as the project has moved through the development review process, or are required to be addressed prior to permitting. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed rezoning will be compatible with other existing development in the downtown. It IS anticipated that the positive effect the development of this property will have on the downtown Page 3 File Number: REZN 02-005 Marina Village environment will encourage other property owners to take advantage of the development options offered by the Mixed Use zoning districts. f Whether the property is physically and economically developable under the existing zoning. ontribute as much deveIoped under the g. Whether :the proposed rezoning is ora scale whichiis reasonably related to the needs of the neighborho~'d a-nd the ci~ as a Whole. The proposed rezoning is scale is of housing, but a the redevelopment of the city's downtown. As such, the ~ as a whole. It is a range h. Whether,there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are no other areas in the city where the Mixed Use/High Intensity zoning district can be applied, except in the immediate vicinity of the subject property. Because of the limited supply of vacant property with Intracoastat Waterway frontage, this is the only property proximate to the downtown where a marina project of this type can be built. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan as well as directions in the Federal Highway Corridor Community Redevelopment Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Agency Board or required by the City Commission, they will be included as Exhibit "B". ATTACHMENTS J:\SHRDATA~PlanningkSHARED\WPkPROJECTSkMARINAkREZN 02-005KqTAFF REPORT.doc Location Map Marina z R3~ 400 0 400 800 WO~T~' ~CWWi / 1200 Feet Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VI. - PUBLIC HEARZNG ITEM F. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6,~ [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the August 20, 2002 City Commission Agenda under Public Hearing. The City. Commission, on May 10, 2002, approved the nightclub conditional use conditioned upon the impacts of outdoor activities being reviewed after the close of a 90-day trial period. This trial period would be reviewed on August 20, 2002. Staffrecommends that this fmal approval be granted if no evidence of nuisance is provided during this public hearing. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION:' Caf6 La Notte Lisa Collomb Schgai, Inc. 2280 North Federal Highway Request Conditional Use Approval for items 20 to 24 on the Revised Conditions of Approval "Exhibit C". No occupational license has been issued for a night club; however, outdoor activities could have continued during the trial period as ancillary to the restaurant and bar/lounge uses. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: '-l~epar~nt ~eaq~ s Signature Department ~ N/A N/A Extend the trial period for another 90 days to allow further time to obtain nightclub license and operate accordingly.. ~/./~ City Manager's Signature City Attorney / Finance / Human Resources SAPIanning\SHARED\WPXPROJECTS\Cafe La Notte~Agenda Item Request Cafe LaNotte 8-20-02.dot S:~BULLETIN~ORMSX~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM QUEST FORM Requested City Commission Meetin~ Dates [] August 6, 2002 [] August 20, 2002 [] September3, 2002 [] September 17, 2002 Date Final Form Must be Turned m ~o Cit'¢ Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1,2002 [] October 15,2002 [] November 6. 2002 [] November 19, 2002 Date Final Form Must be Tumecl in to City Clerk's Office September 16. 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 tNoon} NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the August 20, 2002 City Commission Agenda under Public Hearing. The City Commission, on May 10, 2002, approved the nightclub conditional use conditioned upon the impacts of outdoor activities being reviewed after the close of a 90-day trial period. This trial period would be reviewed on August 20, 2002. Staff recommends that this f'mal approval be ~anted if no evidence of nuisance is provided during this public hearing. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Caf6 La Notte Lisa Collomb Schgai, Inc. 2280 North Federal Highway Request Conditional Use Approval for items 20 to 24 on the Revised Conditions of Approval "Exhibit C". No occupational license has been issued for a night club; however, outdoor activities could have continued during the trial period as ancillary to the restaurant and bar/lounge uses. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A Extend the trial period for another 90 days to allow further time to obtain nightclub license and operate accordingly.. City Manager's Signature Department Head's Signature Deparunent l~"m~e City Attorney / Finance / Human Resources S:\Planning~SHARED\WP\PROJECTS\Cafe La NotteXAgenda Item Request Cafe LaNotte 8-20-02.dot S:\BULLETIN',FORMS~GENDA ITEM REQUEST FORM.DOC EXHIBIT "C" Revised Conditions of Approval Project name: Cafb La Notte File number: COUS 02-002 Reference: 2"a review plans identified as Conditional Use Site Plan with a March 19, 2002 Planning & Zoning Department date stamp marking.- DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FI2R.E Comments: None X POLICE Comments: 1. In the event that the Watch Commander is required to hold over personnel on overtime or call personnel in on overtime in order to resolve any X extraordinary situation at Caf~ La Notte, the applicant shall be responsible for reimbursement to the City for those overtime expenses incurred. Extraordinary situations will be defined as: ~ · Those situations occurring on the premises of Caf~ La Notte (inside the establishment, or anywhere within the curtilage thereof) that cannot be or are not anticipated to be resolved with the use of the officers assigned to the off duty detail at that location, and are reasonably anticipated to require the additional assistance of more than iust one zone officer for more than a minimal mount of time, and that are a direct result of activities and/or events taking place on the premises thereof, or; · Those si_n~afions occurring on the premises of Caf~ La Notte (inside the establishment, or anywhere within the curtilage thereof) when no off duty detail officers have been contracted for, that cannot be or are not reasonably anticipated to be resolved with the use of not more than three shift officers for more than a minimal amount of time, and that are a direct result of activities and/or events taking place on the premises thereof. Conditions of Approval DEPARTMENTS INCLUDE REJECT ENGINEEKING DIVISION., : Comments: ~ 2. Provide location of site lighting prior to CRA meeting. X [ , 3. Provide photometrics to assure safety and demonstrate no "bleeding" of X i light onto adjacent properties (north side). A certification letter showing that i this site meets minimum retmlation is adeoUate. 4. Complete conditional use application analysis for requirement #13 (sound) X ! prior to approval for issuance or modification of occupational license. 5. ~ Replace:the bent and faded "no left mm" silm exiting the northerly drive Onto Federal Highway. Stripe and Provide signage within the parking lot tq X i direct one-way traffic movement eastbound in the southerly aisle and WestboUnd in the northerly ~isle. B~DING DMSION ' COmments: None ' X pARKS AND RECI:LEATION : CO..,~ent~: None Folt ~STER/ENVIRO~ENTA [. IST COmments: None ,' X ZO INO 6. i The nightclub use shall be limited to only the 2~ floor of the existing X prevc~nt nuisances caused by odor and sound fi.om the existing dumpster and ~ its proxi--,~ to adjacent single-family homes, the practice of bagging, ano. double ba~ng if necessarg, all. potentiallY putrescible (rott/n~).. waste shat! . continue, and clean-up frOm a ni~'ttclub activiW shall not involve th~ dumpster before 8 :OOa.m.. DEPARTMENTS 'INCLUDE REJECT ~rida'~' ~fl Sat-,:rd:y}. Where possible, speakers shall be oriented eastward ~o Pre~,ent sound from being emitted' directly at nearby residences. No amplified sound shall be emitted frOm the upper outside deck. 9. No music, other amplified sounds, or vibration generated from the interior of the building, whether from the restaurant, lounge or nightclub shall be audible from adjacent properties except for that generated during the X occasional opening or closing of doors during operation (no exterior doors shall be left open except during periods when no amplified music or noise is generated from the property). 10. No project lighting shall produce glare onto adjacent residential X property. 11. xr,. -;~-,~,,*- ~,~- · ; ~.. ~.nn - -- Nightclub shall be operated X to discontinue activity by 2:00 a.m. and to ensure that ail patrons leave the property by 2:30 a.m_. 12. Special events should be scheduled with ending times that would not coincide with weekday, afternoon peak traffic periods (i.e. between 4:00 p.m. and 6:00 p.m.). If this is unavoidable, a traffic management planshall X be required and coordinated with, and to the satisfaction of the Boynton Beach Police Depamnent. 13. For special events that have specific ending times, owner or operator shall be required to have a traffic management Plan to avoid traffic congestion at X . the nearby intersection/roadway network which shall be coordinated with and accepted by the Boynton Beach Police Department. 14. The operator shall allocate a minimum of three perSOnnel to patron/traffic management within the parking area during clOsing Periods to expedite the va_caring of the par_king lot, prevent nuisances, and to prevent traffic/patrons X from entering the residential neighborhood of Las Palmas. 15. Nightclub operation shall be limited to Fridays and Saturdays (and X Sunday's until 2:00 a.m.). Conditions of Approval 16. The nightclub operator shall present when applYing for an ocCUpatiOnal, X license, a notarized affidmt agreeing to the operational requirements that become conditions of app~'°vall 17. For special events, the owner/management shall close the parking area once .X 18. ~ atall times to ~ revent otcu anc fromexcee e ca am . : X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY CONDITIONS Co w~ierlts: ' 17. Site lighting details and phOtOmetric details shall be added to the plan X :drawings to the satisfaction of staff prior to review by the City Commission (see comment #3). 18. Amplified outdoor music and sound shall be limited to Fridays and Saturdays. The acceptable ma~tude and decibels of outdoor sound shall be , X stablished by staff taking into account types of anticipated events and' . ossibility of compatibility with adjacent residences, and the close proximity -' to adjacent residences. 19. If/when regular attendance at the proposed nightclub meets or exceeds. X capacity, or when special events are anticipated to attract same, the Police Department shall be consulted to determine optimal policing/secun~ to prepare for and avoid potential noise and other related problems, and to ensure that special events meet parking requirements. SpeCial events that .would not meet parking requirements on site or off site as represented by a special parking plan for the event, §hall' not be permitted. Recommendations from Police Depmtment shall be 'adhered to. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 20. Outdoor activities are approved for a period of 90 days, limited as follows: X Horn of operation, Noon to 8:00 p.m., Monday through Thursday, Noon to 10:00 p.m. on Friday and Saturday, Noon to 9:00 p.m. on Sunday. DEPARTMENTS 21. Temporary approval of outdoor activities is to allow applicant to test period to demonstrate that outdoor use of the property, during the hours applicant has proposed, can be conducted without creating a disturbance to surrounding residential properties. ~ 22. The City's temporary approval of outdoor use shall be considered provisional and is subject to reviewed by the City Commission at a public hearing to be held on 8/20/02. At the 8/20/02 Commission meeting, the Commission shall reconsider only the outdoor use provisions of the conditional use applicant. The City Commission shall thereafter complete the conditional use process, in accordance with the conditional use review process set forth in the City's LDIL imposing conditions it deems necessary to protect the interest of the public. 23. Applicant shall reimburse the City the costs of providing notice of the 8/20/02 public hearing. 2~ With the exception of the outdoor use issue, the approval of application for conditional use is a final development order when issued by the City Cleric With respect to the outdoor use, no development order shall be considered final until the Commission concludes its review on 8/20/02 and the City Clerk issues a final development order. INCLUT)E REJECT X X X X S:\Planning\SHARED\WP~PROJECTS"Cafe La Notte~Revised Condition of Approval 5-6-02.doc Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VI. - PUBLIC HEARING CITY OF BOYNTON BEACI ITEM G. AGENDA ITEM REQUEST FOra,1 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 CNoon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Developmem Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this item on the August 20, 2002 City Commission agenda under l~utSlic ,.~ ~-~ Hearing. Staffrecoxmnends this item be approved, which is necessary to continue the processing of the Notice of In~nt and ~ plan for code amendments relative to limited-access self-storage facilities intended for the C-1, Office/Professional zoning district. EXPLANATION: Notice of Intent (Resolution No. R02-135) to adopt pending Land Development Amendment - Self Storage Facilities The Notice of Intent (NOD for this planning study was approved by the Cornmi.qs~on on August 6, 2002. Pursuant to Ordinance 00-53, which established the NOI process, at the next Commission meeting following the NOI, a public hearing will be held to provide the format for the public to address the City Commission relative to a filed NOL In follow-up to the execution of the Zoning in Progress (ZIP) resolution, staff is prepared to initiate amendments to the Land Development Regulations to: limit "limited access mini-warehouse" uses to the C-1 Office/Professional zoning district consistent with the intent of a 1998 staff report/study; to establish a distance separation between a storage business within the C-1 Office/Professional zoning district and any other storage business; and to limit the combination of multi-access and limited-access storage facilities to the C4 General Commercial and M-1 Light Industrial zoning districts.. The Notice of Intent is in effect for 6 months, which is anticipated to be adequate time to complete the analysis and formulate any necessary recommendations. PROGRAM IMPACT: N/A. ,q FISCAL IMPACT: N/A ALTERNArT, IVES: N~ot approve subject Notice of Intent and redirect staff accordingly - l~evelo-p~en'~fD~p~artment Director City M~a~nager~ Signature Planning and Zopfng Director City Attorney / Finance / Human Resources SSPIanning~SHARED\WPXSPECPROJXSelf Storage CDRV\Agenda Item Request Form NOI Public Hearing 8-20-02.dot S:x~BULLET1N~ORMS~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- ] 3~' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHOR~ING ISSUANCE OF A "NOTICE OF INTENT' ANNOUNCING THE CONDUCTING OF A CITY WIDE PLANNING STUDY FOR BUILDING AND APPLIC~LE TO DATE. WHEREAS, the City CommisSion, pursuant to City Ordinance 000-053 to initiate proposed changes to the Land Development Code and to direct staff to planning and development studies; and WHEREAS, the Commission deems it timely and in the best interest of the City and its residents to undertake review of building and zoning regulations applicable to storage facilities, self-storage facilities, warehouses, and mini-warehouses within the jurisdictional limits of the City Of Boynton Beach to study and review the impact and compatibility of storage facilities, self-storage facilities, warehouses, and mini-warehouses on other commercial and residentia,. uses. The study shall include, but is not limited to, review of size, height, appearance, setback, landscaping, and buffering criteria for such uses; and WHERAS, the Commission has authority to initiate the review process by resolution and issuance of a Notice of Intent; and WHEREAS, the Notice of Intent attached to this' Resolution as Exhibit "A" represents a formal announcement .of said planning activities, and the period during which time all applications related to development activity proposed within the study area, must be abated or conform to restrictive temporary regulations; and WHEREAS, this Notice of Intent will be in effect from the date of adoption and thereafter for a period of 180 days following the date of adoption unless otherwise extended by the City Commission by subsequent Resolution following public hearing. S:\C A\Ordinances\LDR ChangesqqO! Reso - self storage.doc 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 does hereby issue the Notice of Intent attached hereto as Exhibit "A". That this Resolution shall become effective city-wide immediately upon Section 2. passage. Section 3. Ordinance 000-053. Section 4. The Notice .of Intent shall posted and copies provided as required by No application for a development activity within the scope of the study shall be accepted by the City following the date of adoption of this Resolution and during the study period. No application for a development activity within the scope of the study shall be further processed by the City, following the date of adoption of this Resolution during the study period, unless the application was filed prior to the adoption date of this Resolution. PASSED AND ADOPTED this 6th day of August, 2002. CITY ~ BOYNTON~ACH, FLORIDA _ Mayor ATTEST: Conunissioner Commissioner City Clerk S:\CA\Ordinances\LDR Changes'uNOl Reso - self storage.doc NOTICE OF INTENT TO ADOPT PENDING LAND DEVELOPMENT AMENDMENT NOI #2002-02 STATEMENT OF P~OSE ~ SCOPE OF STUDY The purpose of this Notice of Intent is to declare a period to prepare and bring forward for adoption amendments to the Land Development Regulations to correct discrepancies between Goals, ObjectiVes and Policies in the Comprehensive Plan and the Land Development Regulations. AFFECTED AREA The Affected Area shall be specifically described as all lands zoned C-2 Neighborhood commercial and C-3 Community Commercial citywide. (see attached Exhibit "A"). GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDR'} d. Limit "limited access mini-warehouse" uses to the C-1 Office/Professional zoning district; 2. Clarify existing regulations to require a distance separation of two thousand five hundred (2,500) feet between a limited access mini-warehouse and any other self- storage business; and, 3. To restrict combination multi-access and limited-access storage facilities to the C-4 GENERAL COMMERCIAL and M-1 LIGHT INDUSTRIAL zoning districts. AFFECT ON DEVELOPMENT IF REGULATION ADOPTED The intent of amendments to the Land Development Regulations is to ensure consistency with both the language and intent of the Comprehensive Plan and specifically exclude "limited-access mini-warehouse self-storage facilities within the Local Retail Commercial land use classification which corresponds to the C-2 Neighborhood Commercial and C-3 Community Commercial zoning districts. EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS WHICH ARE THE SUBJECT OF TI4E STUDY AND MAY BE AMENDED LDR, Chapter 2. Zoning, Section 6Co) C-2 Neighborhood Commercial District, LDR, Chapter 2. Zoning, Section 6(c) C-3 Community Commercial District, and LDR, Chapter 2. Zoning, Section 11(O) Self Service Storage Facilities (Supplemental Regulations). J:~HRDATA',Planning~HARED',WP~PECPROJW-oning in Pr~,~OI 2002-02.do~ PROJECTED TIME FRAME FOR STUDY One Hundred and Eighty (180) days from the date of approval of this Notice by the City Commission. STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING REGULATION WOULD 'AFFECT Effective on adoption of this Notice, no application or uses within the Affected Area deemed incomplete shall be processed and no new application shall be accepted or processed during the period that this Notice is in effect. This Notice of Intent shall only apply to said applications for self-service storage facilities submitted to the City after the Notice of Intent is executed. COLLATERAL DOCUMENTS Development Department Memorandum No. 02-157 Development Department Memorandum No. 98-156 ADDITIONAL NOTICE The Notice of Intent shall be posted in the Development Department and in the notice case located at the main entrance to City Hall. A copy of the Notice of Intent shall be mailed to the Chamber of Commerce. Following issuance of this Notice of Intent, the notice shall be provided to all applicants who may be potentially affected by the pending study and regulatory changes. This notice shall be provided to those individuals by mail, facsimile, electronic mail or in person. Comments including written objections to the Notice of Intent, shall be accepted by the Development Department Director from recipients of this notice. Neither failure by the City Clerk to provide notice as set forth in this section not the lack of awareness of any potentially affected applicant shall not invalidate the applicability of this notice. Dated: July 30, 2002 BAed:cP~ ,edFlbor~ ~~on~nayboe~0~2~ ~7t_,~20~0~ the City Co mmi ssi on of the City of Boynton Office of the City Clerk ISSHRDATA~IanningXSHAREt~WP~PECPROgZoning in Progr~qO12002-02.do0 Location Map GOLF VII.-CONSENT AGENDA ITEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6. 2002 [] August 20, 2002 [] September 3.2002 [] September 17, 2002 NATURE OF AGENDA ITEM Date Final Form Must be Turned _ in to City Clerk's Office July 17, 2002 (5:00 p.m.) Requested City Comm~ssmn Meeting Dates [] October 1, 2002 Date Final Form Must be Turned in to Cit~ Clerk's Office August 5, 2002 (Noon) [] October 15, 2002 September 16, 2002 [Noon) September 30, 2002 (Noon) August 19, 2002 [Noon) [] November 6, 2002 October 14, 2002 (Noon) September 3, 2002 (8:00 a~m.) [] November 19, 2002 November 5, 2002 (No ~o~ [] Administrative [] Development Plans [] Consent Agenda [] New Business -w [] Public Hearing [] Legal ~ [] Bids [] Unfinished Business [] Announcement [] Presentation c_~ [] City Manager's Report RECOMMENDATION: Motion to approve Professional Golf Car Corporation for golf car fleet warranty work, repair and maintenance, and battery replacement with an estimated annual expenditure of $30,000. EXPLANATION: In the fall of 1999 The Links at Boynton Beach Golf Course eliminated the Golf Car Mechanic position. As a cost savings strategy the Golf Car Division was placed under the organizational structure of the Administrative DivisiOn and contracted with Professional Golf Car Corporation to perform preventive and repair maintenance of the fleet. Professional Golf Car Corporation is Club Car's sole authorized dealer for Palm Beach County and is the only company authorized to perform warranty work on Club Car products throughout the county. The Links at Boynton Beach Golf Course has a blanket purchase order (POg020266) that provides for the commodities and services performed. The purchase of additional batteries for the golf car fleet in this fiscal year will cause the purchase order to exceed the threshold therefore requiring Commission approval. PROGRAM IMPACT: The services provided by Professional Golf Car Corporation assists the The Links at Boynton Beach Golf Course in assuring that all the golf car fleet is performing at top quality service. This is a valuable part of the customer service for the golfing clientele. FISCAL IMPACT: Funding is available in The Links at Boynton Beach Golf Course budget as follows: Account Description EquiPment Parts/Supplies Equipment Parts/Supplies Other Contractual Services Equipment Maintenance Deputy Director of Financial Services Procurement Services Department Name Account Number 411-2911-572-52-75 411-2910-572-52-75 411-2910-572-49-17 411-2910-572-46-20 Total Budget $ 1,460 15,071 10,514 City Manager's Signature City Attorney / Finance / Human Resources SSBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC Re: Golf Course Memorandum ffi)2-0t7 RECEIVED ,ERVICES Blanket Purchase Order Increase for Professional Golf Car Recently it was determined that the golf course needed to purchase additional golf car batteries for it's fleet cars. Attached is Memo#02-016, which outlines this need and the steps we took to remedy the situation. The purchase of these additional sets of batteries has created the need to extend Professional Golf Car's blanket purchase order to over $25,000. Professional Golf Car is the sole service representative for Club Car, the manufacturer of our fleet of golf cars. I have attached a letter from Dave Kelly, Territory Manager for Club Car, to substantiate this. We have obtained written quotes on the batteries (copies attached), and Professional Golf Car Corp. is the lowest quote at $280.00 per set installed. I am, therefore, requesting that we seek permission from Commission to extend the blanket purchase beyond the $25,000 bid threshold at this time to cover this unanticipated expense. S:\Memos~Memo ;~)2-017 Pro Golf Blanket PO.doc 1 Golf Course IVlemorandum ¢¢02-016 To: Dale Sugerman Thru: Joe Sciortin~ CC: Freda DeFo~sse. . Date: 06/22/02 Re: Golf Car Battery Replacement As you may recall, when Steve Elgin, our last full time Golf Car mechanic, was terminated in the fall of 1999, we decided to eliminate the Golf Car Mechanic position. As a cost savings strategy we brought the Golf Car Division under the wing of the Administrative Division and contracted with Professional Golf Car to perform our preventative and repair maintenance of the fleet Unfortunately, my lack of experience regarding battery replacement has put us in an uncomfortable position. I was under the impression that batteries were to be replaced on an "as needed" basis. When asked how many batteries we needed to budget for this year, and the preceding year, I relied on the suggestion of the Professional Golf Car mechanic who performed our weekly maintenance. His recommendation of 20 sets of batteries at $264/set was what I submitted (total dollars budgeted $5,280), but have now found that to be inadequate for our operation. Each of our golf cars stays in service for six years. We purchase new cars on a schedule of 30 one year, 15 the next year, 30 the next year, 15 the next year, and then two years without purchasing any. This enables us to spread the cost of the fleet replacement, to break in the new cars according to factory standards, and to continually freshen our fleet. Our six Player Assistant cars are on a six-year cycle as well. They are 48 volt as opposed to our standard 36 volt car. Although it is possible for a set of our batteries to last 30 months, it is unrealistic for a set to last 36 months. We buy our cars at the beginning of our fiscal year in order to break in the batteries properly when we don't need them to go 36 holes each day. Trying to extend battery life to 30 months has them failing in our winter season. Therefore, as I have now learned, batteries in each golf car should be replaced every two years. The current fiscal year is the two-year anniversary of the purchase of a 30 car section of the fleet. As described above I failed to budget for enough replacement batteries for this year. The reason we have spent $2,572 on batteries this fiscal year is three fold. First, four sets of batteries were replaced during this years budget that should have been replaced last year (two year anniversary), second, two sets of the 30 sets that should have been replaced in October of this fiscal year were replaced earlier this month, and third, two 48 volt Player Assistant Cars had battery replacement at $408 per set. Unfortunately, Player Assistant Cars were overlooked on previous budgeting but will not be in the future. Golf car revenue is one of our largest sources of revenue, and has the greatest potential for annoying customers with cars "dying" in the middle of their round. Current expenditures leave us only enough funds to replace 10 more sets. I am requesting $5,856 from our contingency fund to co~er the cost of the additional 18 sets of needed batteries for our fleet cars @ $280 per set and 2 sets of 8 volt batterie @ $408 per set to get us back on sChedule. This will bring our fleet up ure that our Finally, I want to assure you that this will not I have learning ~ so that ! Sen~ By: Club Carp Z~C.½ 56~ 357 9899; Sep-tS-01 8:24AM; Page ~/I Club Caf, Inc. 3375 All American Bot¢cvurd Orladd~). Florida 32810 (407) 522-8001 1-800-821-1227 (407) 522-7005 ~a, September t2, 2001 .~Ar~' Sue Ph/llips The Links at Boynton Beach 8020 Jog Road Boynton Beach, FI 33~,.37 Dear Sue, ~is letter is to serve as confirmatitm fl~at Professional Golf Car Corporation is Club Cm".q sole authorized dealer for Palm Beach County. Professional Golf (',ar Corporation is the only comp',my authoriz~,l ~o pedbrm warramy service work on Club Car products throughout the c~mmy. Please call should ym~ have any questions. Territory Manager Club Car Florida IngersoilRand Requested City Commission Meettng Dates [] August 6,2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VII.-CONSENT AGENDA ITEM B.2. CITY OF BOYNTON BEAC} AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cie/Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15,2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Tumed in to Cit~ Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to award the bid for "THE CONSTRUCTION OF INTRACOASTAL PARK", Bid#048-2413-02/CJD, to MCTEAGUE CONSTRUCTION COMPANY, INC. of Stuart, Florida in the amount of: $1,943,440.00. EXPLANATION: On May 23, 2002, Procurement Services received and opened sixteen (16) bids for the "CONSTRUCTION OF THE INTRACOASTAL PARK". After review of the sixteen (16) proposals, it has been determined that McTeague Construction Company, Inc. of Stuart, Florida, is the second lowest, most responsive, responsible bidder who met all specifications. The "Low" Bidder's references and performance checks were unfavorable, therefore, the Consultant as well as the user departments felt it would be .in the best interest of the city to award the contract to the second lowest bidder. Bill DeBeck, Project Manager concurs with this recommendation (see attached memo #02-163). PROGRAM IMPACT: The purpose of this bid is to obtain a firm price for the construction of Intracoastal Park which consists of a new eight (8) acre park with (3) picnic shelters, (1) picnic pavilion, restroom, playground, parking and streets, lake and landscaped grounds located at 2240 N. Federal Highway, Boynton Beach, Florida. FISCAL IMPACT: Funding for the construction of Intracoastal Park is as follows: FUND: ACCOUNT DESCRIPTION: GRANTS PARKS IMPROVEMENTS CIP PARKS IMPROVEMENTS Deputy Director of Financial Services Procurement Services Department Name ACCOUNT#: EXPENDITURE: 105-3257-513-63-05 $1,392,096.00 302422~-~0-63~ 551,344.00 · City l~a~ager's Signature City Attorney / ~inance / Human R~sources S:XBULLETINXFORMS~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 02- A RESOLUTION OF THE CITY COMMISS ION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A t) TO FOR THE PARK; DATE. OF ,440 WHEREAS, Procurement Services received and opened Bids for the Construction of Intracoastal Park, and it was determined that McTeague Construction Company, Inc. was the most responsive bidder who met and exceeded all specifications. NOW, THEREFORE, BE IT RESOLVED BY TItE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of a bid to McTeague Construction Company, Inc. in the amount of $1,943,440.00 for the Construction of Intracoastal Park, and authorizes the Mayor to execute a Contract between the parties, a copy of which is attached hereto and made a part hereofi Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED THIS day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vicc Mayor Commissioner Commissioner ATTEST: City Clerk Commissioner s:Reso~Bid Award\Construction [ntracoastal Park-McTeagu¢ BID TITLE: BID PROJECT NUMBER: CPO249 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this 2_lsLday of Al IGI IST, 20_02, by and bet~,,een th~ C ,I~,~Y OF B,O, YNTON BEACH, a municipal corporation of Florida, hereinafter called the CITY' or OWNER and MC TEAGIIE CONSTRUCTION COMPANY.- INC. a Florida Corporation (_X_) a Florida General Parmership ( ) a Florida Limited Parmership ( ) a Sole Proprietor ( ) Check One hereinafter called "CONTRACTOR". WITNESSETH The City has heretofore invited bids for a City construction project ("Project") identified by the bid title, bid number and project number listed above and commonly referred to as: CONSTRUCTION OF INTRACOASTAI~ PARK Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the 22ncl day ofM~ ~ for the total bid amount of $1:043..440.00. Co On the 20th day of August, ~ the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement. Do The Parties agree that the Project is scheduled to be completed within 2_7_fi_calendar days of the issuance of the Notice to Proceed, subject to CITY approved time extensions. There are penalties to the CONTRACTOR for the failure to meet such deadlines. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: C-1 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. The foregoing recitations contained in Paragraphs AoC are tree and correct and incorporated herein by this reference. 1.1.2. The CITY does hire and employ the CONTRACTOR to provide construction services for completiOn of the Project. 1.1.3. accept this Contract and does agree to furnish the necessary materials and supplies, etc., and to complete the Project by,performing all the work as set forth in the this Contract and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.1.4. Contractor. is an independent contractor as that term is set forth in the General Conditions for Construction (GC-2) 1.1.5. Unless otherwise provided, all time frames referenced in all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set forth in the Contract Documents. 2.2. The Contract Documents are the compilation of the following individual documents: 2.2.1. 2.2.2. 2.2.3. 2.2.4. 2.2.5. 2.2.6. 2.2.7. 2.2.8. 2.2.9. 2.2.10. 2.2.11. 2.2.12. Advertisement for Bids Instructions for!Bidders Bid Proposal Bid Bond General Conditions for Construction (GC) - all references to "GC" shall be to section numbers Construction Contract Certificate of Insurance Public Construction Bond Letters of Credit Technical Specifications Contract Drawings and Plans Addenda 2.2.13. Written directives or interpretations 2.2.14. Manufacturers warranties C-2 3. OBLIGATIONS OF CONTRACTOR 3.1. Contractor shall: 3.1 ..1. Furnish all materials, supplies, superintendents' necessary to compl prices as stated in the Contract Doc machines, equipment, tools, ices 3.1.2. Perform all the work and labor pursuant to this contract and all of the materials furnished strict conformity with the Contract and consents to the ,~xpressly agrees to 3.1.3. 3.1.4. F~sh all tools,, above mentioned in a Proj to do all the work : manner, and ,~ in the office of the Contract Documents. Guarantee all worl~ for a period of one (1) year. Upon receipt of written notification CITY, CONTRACTOR Shall correct any defective or faulty work or materials which may appear within one (1) year after completion of the Contract and receipt of final payment. CONTRACTOR shall ~sary corrections within ten (10) days of receipt o 255.05, Florida Statutes, settlement, suppliers, from all to be utilized ~' provisions of Section Pay promptly, before final by subcontractors or material :~ Furnish.release of:liens forms .ers of materialS. Release of lien forms CITY. 3.1.6. 3.1.7. 3.1.8. 3.1.9. Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. Perform such other tasks as set forth in the Contract Documents. C-3 3.1.10. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) days of the Award of the Project. 3.2. The CONTRACTOR will be held responsible for the care, protection and condition -of alt work until final completion and acceptance thereof, and will be required to make good at: his own cost any damage or injury occurring from any cause resulting from their acts or omissions or the acts or omissions of their subcontracts or suppliers. 4. CITY'S OBLIGATIONS 4.1. City shall provide a written notice to proceed not later than ten (10) days from the execution of this Contract. 4.2. Make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3. On satisfactory completion of the Project, provide a written final acceptance and payment for the entire project. 5. COMMENCEMENT OF WORK 5.1. CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 270 calendar days following the commencement date as specified in same. 5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work following Notice to Proceed or fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, the amount stipulated in Section 6.0 herein below for each and every calendar day that the CONTRACTOR shall be in default of completion. 5.3. CONTRACTOR'shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR's bid proposal, and for such others as the Project Engineer may direct, and shall not employ any that CITY may, within a reasonable time, object to as incompetent or as unfit. C-4 6. LIQUIDATED DAMAGES G.I. The £ The CITY shall have the due, or that may become due the CONTRACTOR, or to damages from the CONTRACTOR or his Surety. liquidated : of the Proceed". 7. PROTECTION OF: E~STING FACILITIES AND WORK IN PROGRESS 7.1. The CONTRACTOR warrants that :quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth inthe General Conditions for Construction (GC-44, GC-45, and GC-46). 8. INDEMNIFICATION 8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 8.2. CONTRACTOR shall indenmi~r and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions; losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and paralegal expenses at both the trial and appellate levels) of Whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising fi.om this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum pa?able by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemnification required pursuant to the Contract shall in no event be less than $1 milhon per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provisi°n shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. 8.3. The execution of this Agreement by the CONTRACTOR shall obligate c-5 CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisionS which are set forth in the General Conditions for Construction. However, the indemnification ,provision, and the insurance provision contained in the General Conditions for Construction are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BYCITY 9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the Contract Documents. 10. CHANGES IN THE WORK 10.1. The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be processed as set forth in the General Conditions for Construction (GC-57). 10.2. All change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. PROJECT ENGINEER 11.1. The Project Engineer ("Engineer") is Bill DeBeek. 11.2. The Project Engineer shall have general supervision and direction of the work. The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR such authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of C-6 the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. 11.4. 'In the ~event ora dispute, the role of rec Engineer is to make 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction (GC-28). 13. CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2. In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the CITY, or its representatives as set forth in the General Conditions for Construction (GC-18). In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Condilions for Construction and finally by the balance of the Contract Document 14. TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. 15. REMEDY FOR DELAY 15.1. 15.2. In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. C-7 CONTRACTOR hereby acknowledges that he has read and understands the above provision. 15.3. Failure on the pan of CONTRACTOR to timely process a request for an extension-of,:time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction (GC 24) 15.5. For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction (GC-19). 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. C-8 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested to by the City Clerk with the:Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. wimessed ' CITY OF ~BOYNTON BEACH, FLORIDA Attest: Mayor Approved as to Form: City Clerk City Attorney Signed, sealed and wimessed in the presence of: MCTEAGUE CONSTRUCTION COMPANY, INC. State of Florida County of Palm Beach ) ) SS: ) President or Vice President Attest as to CONTRACTOR On this __ day of ,20 ., personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed'the foregoing instrument and has acknowledged before me that they have executed same. My Commission Expires: Notary Public c-9 TO: THRU: THRU: FROM: DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 02-163 Bill Atkins, Deputy Director of Finance / Procurement Agent Jeff Livergood, P.E., Director of Public Works '~ t/ H. David Kelley, Jr., P.E./P.L.S., City Enginee~2~~ Bill DeBeck, Project Manager ~~ Intracoastal Park RECEIVED AUG 01 2002 The Engineering Division has received a memorandum from its consultant, WRT, concerning references and performance checks: on the low bidder for this project, DiPompeo Construction Corporation. I have conducted additional checks and the results and comments are in line with our Consultant's summary. The Engineering Division has no reason to disagree with our Consultant's recommendation to go with the second lowest bidder, McTeague Construction Company. This is a very large, highly visible project and the Engineering Division wants it to go well with as little conflict, delay, or problems as possible. Picking the right General Contractor for the job is most important. Based on WRT's recommendation, please proceed with award of the bid to McTeague Construction Company. BD/kd xc: Clem Bucher, Contract Administrator SSEngineeringXDostal~ENGlNEERINGLLntracoastal Park Bid Award Memo f102-162.doc Memorandum Bill DeBeck City ( 100 I ]. Boynton Beach, FL 33425-0310 (561) 742-6486 (561) 742-6285 (Fax) Date: July 24, 2002 From: Kevin Might Ref. No. 012087 Project: Boynton Intracoastal Park Pages: Re: Recommendation Regarding Low Bidder CC: I have contacted all references submitted by the apparent Iow bidder, DiPompeo Construction Corporation, on June 3, 2002; however I was not able to reach the reference listed for Camillus Health Concern, Inc. I have also received and reviewed the Reference Checks performed by the City of Boynton Beach. The following is a summary of comments regarding DiPompeo's workmanship and general client impressions of the contractor: 1. All parties indicated that workmanship appeared to be satisfactory. 2. A majority of contacts indicated personality clashes between the owner of DiPompeo, its employees, and Owner representatives. The contractor is characterized as unusually argumentative. 3. DiPompeo's record of on-time project delivery appears inconsistent. Palm Beach County representative indicated two recent projects substantially behind schedule and one in litigation for delays and resulting liquidated damages° 4. A recurring remark by contacts was a tendency by the contractor to make an unusual number of requests for information, change orders, and delay claims and to base them on unreasonable circumstances. The contractor overall is perceived as generating excessive paperwork. 5. The Broward County School Board, Palm Beach County Department of Capital Improvements, and Palm Beach County Parks Department offered the strongest negative references based on poor on-time completion and working relationship. Based on above commehts from previous DiPompeo clients, it appears that awarding the Intracoastal Park construction contract to them would present the probability of encountering the same, unfortunate working relationship related by these former clients. If the City is in agreement, it is recommended that award of the construction contract to the second-lowest bidder, McTeague Construction Company, Inc., should be pursued. McTeague's bid of $1,943,440 including Alternates 1 and 2, along with DiPompeo's bid of $1,909,000 remains substantially below the project budget of $2,300,000. Wallace Roberts & Todd, LLC ZgZ Giralda Avenue, Pe nth0use Coral Gables, FL 33Z34 N:~001\012087.000 Boynton Intracoastal Park\Corresponaence\Contracto~R'~l~mmendati°n 7-02.doc JUl JUL 2 6 305.4,48.0788 ' www.wrtdesign.c0m E i., GIN EERiN o z ~ . o o WO (::3 (:3 ~.~ s~- ~ ~ ~ ~ o ° U.I I ~ Z o~.- o o z Z"~ o o o ~> ,- I,-. 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EXPLANATION: On February 19, 2002, the Commission awarded Bid #028-2821-02/KR for production well rehabilitation. A portion of this bid was for general production well rehabilitation and maintenance for a two-year period. The current approved allocation of $200,000 is almost expended. During the past several months, the bid has been used for work on six (6) wells in the eastern wellfield. The east wellfield has 19 wells in production, plus the ASR well, and the western wellfield currently has eight (8) wells in production. All wells in the west wellfield are open hole formations similar to the recent renovations we performed on Wells 15E and 16E. On Wells 15E and 16E we made significant modifications removing the screen 'and gravel pack. These modifications restored capacity to the wells, reduced long-term maintenance costs and improved long-term efficiencies. We have identified up to ten more wells (wells 17E-22E and 6E-9E) that need rehabilitation using this same procedure. The cost is approximately $50,000-$60,000 per well and would be scheduled over two years. PROGRAM IMPACT: The eastern wellfield has wells that are 20-35 years old and require significant rehabilitation. This work restores capacity, increases wellfield flexibility, increases efficiency of all resources, and allows us to schedule continuing maintenance within limitations of our consumptive use permit. S:\BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Increase authorization from estimated expenditure of $200,000 for two years to a total expenditure of up to $800,000. Funds are available in the Utilities Renewal and Replacement account 405-5000-590- 96.02, WTR075 and 407-5000-590-96.02, WTR075. ALTERNATIVES: 1) Clean screen and gravel packed wells with acids and other chemicals to sustain current yields. Initial cost would be lower, but would need to be repeated at least every two years to sustain comparable results; and 2) Drill new wells (ifpermitable). Department Head's S'~ature Utilities Department Name City Manager' s Signature City Attorney / Finance / Human Resources Bill Atkins - Procurement Bob Kenyon Barb Conboy Dora Formanek S:'~BULLETIN~ORMS',~.GENDA ITEM REQUEST FORM.DOC REQUEST FOR REQUISITION s'q.T.E. ENTRY DATE: -H.T.E. REQUISITION # Clerk: Procurement Ass't: Director: City Manager (non budgeted capital and/or $5000+): REASON FOR PURCHASE: conversion of well 20e fi.om screened/gravel packed well to open hole Including replacement of pump & motor Bid # 028-2821-02/KR Commission Approved 2/19/02 VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: Marine Engineering Admin. ( ) Date: 7/31/02 ASAP (X) Address: 1951 10' Avenue North Construction ( ) Date Needed:. asap Confum. ( ) Lake Worth, FL 33461 Cust. Rel. ( ) ASAP/Conf. ( ) I Distribution (X) BACKUP DOCS. DELIVERY: SUBMITTED: Phone (contact): Paul Percy Lab ( ) Quotes/Verbal ( ) E. Admin. 40 ( ) (over $500) 561/586-6999 Pumping ( ) Quotes/Written ( ) E. WTP 41 ( ) (over $2000) Vendor Number: 6566 PWMaint. ( ) Bid Docs. (X) W. WTP 42 ( ) PWOps. ( ) Sole Source Ltr. ( ) P/U 99 ( ) INITIATOR: d formanek ~1~-~ Sewage ( ) Insurance ( ) Special Instructions: Requirements: APPROVED: Strmwtr. ( ) Project Number: WTR 075 Quan. Unit Price Description & Part Number Fund Dept ] Basic Elem Obj Amount 1 1170.00 Mobilize/demobilize equipment & cleanup $1170.00 2 162.50 p/hr Initial specific capacity test w/d~'s production pump approx 2 $ 325.00 houm 1 975.00 Pull pump & Equipment from well $ 975.00 1 1300.00 Initial downhole video survey w/360 degree articulating camm $1300.00 1 23920.00 Remove existing screen, standpipe & casing from well $23920.00 12 or less 169.00 p/hr Remove gravel pack from well (not to exceed 12 hours) $ 2028.00 100 or 169.00 p/hr Develop well (not to exceed 100 hours) $16900.00 less I 1300.00 Final video survey w/360 degree articulating camera $ 1300.00 1 3859.70 Crown model 7hh-500-1 bronze submersible pump, 400 gpm @ $ 3859.70 90 tdh, consisting of bronze bowls & Bronze impellers, stainless steel shaft, colletc & bolts, rubber bearings, 4" discharge & 6" motor bracket 1 2749.69 Franklin Ni-Resist submersible 6" motor 15 hp 460/3/60 3450 $ 2749.69 rpm, sub~ol equipped CSDocuments and Settings\formanekXaMy Documents\formanekuserdata\forms~requisition blank, doc 5 or less 92.95 each 20 ftx 4 inch certa-lok drop pipe with coupling assembly $ 464.75 1 or less 55.38 10 ftx 4 inch certa-lok drop pipe with coupling assembly 55.38 5 or less 20.15 each 4 inch certa-lok coupling assembly $ 100.75 5orless 106.47each 4 nchstanessstee Certa-lokadaptors $ 532.35: ,~ 1 975.00 Reinstall pump and:equiPment $ 975.00 6 hours or 162.50 p/hr Final flow test (not to exceed 6 hOUrS) $ 975.00 less TOTAL 405 5000 590 96 02 $57 630 62 C:kDocuments and Settings\formanekLMy Documents\formanekuserdata\formsh'equisition blank.doc MARINE ENGINEERING CONTRACTORS, INC. GENERAL CONTRACTORS CG CA 17728 1951 loth AVENUE NORTH, LAKE WORTH, FL 33481 ($61) 586-6999 Fax ($61) 586-7077 July19,2002''~ City of Boynton Beach 124 E. Woolbright Road Boynton Beach, Florida 33435 via FAX (561) 742-6299 Ama: Dora Formanek Cit~ of Boynton Beach Well Rehab Revised proposal for removing screen and gravel pack from lrells 17 thru 22, converting wells to open hole & replacing existing pumps & motors Dear Bob, Please fred the following revised proposal, which was previously sul:mitted July 12, 2002 This revision is per your wrkten request of July 16, 2002: 1. MobU{~¢/demobilize equipment and cleanup ~-. Perform initial specific capaeit~ test with City's produexion pump for approximately 2 hours ($162.50gnour) 3. Pull p. mp and equipment from well 4. Perfonn initial downhole video survey w/360 degree articulating camera 5. Remove existing screen, standpipe _and casing from well 6. Remove gravelpaek from well approximately 12 hours ($169.00/hr) 7. Develop well for approximately 100 hours ($169.00/hr) 8. Pertbrm final video survey w/360 degree artienl~ting camera 9. 1 - Crown Model 7HH-500-1 Bronze Submers~le Pump, 400 GPM 10. $ 1170.00 90 TDH, consisting of bronze bowls & bronze impellers, stainless steel sha~, eoLleta & bolts, rubber bearings, 4" discharge & 6" motor bracket 1 - Franklin NJ-Resist Submersible 6" motor 15 HP 460/3160 3450 RPIVI, subU'ol equipped 1 - 20'x4" Certa-Lok drop pipe with coupl'~g assembly * 1 - lO'x4" Certa-Lok drop pipe with coupling assembly * 1 -4" Certa-Lok coupling assembly 2 -4" Stainless steel Certa-Lok adaptors ($106.47/each) Reinstall pump & equipment $ 325.00 $ 975.00 $ 1300.00 $23920.00 $ 2028.00 $16900.00 1300.00 $ I1. $ 12. $ 13. 14. 15. $ 16. Pexform final flow test on well for approximately 6 ho'ars ($162.50/hr) $ 17. Perform final well disinfection on well $ 3859.70 2749.69 92.95 55.38 20.15 212.94 975.00 975.00 15fiO.O0 TOTAL (Per Well): $58418.81 * Certa-Lok nrieed at 10' & 20' iointn, until actual settin~ determined. Page Two: Dom Formanek July I9, 2OO2 Ple, a~ call if you have any qued:ions. Sincerely, MARI~~ G1NEE. RING CONTF,,4 CTOR$, INC. Enclosure: Pump Data Sheet Row ProdOctr~ )nc,. ~, Guru-: Design Point:, Flow: 4 Pum~ Vertical Turbine: X~ US gpm )[4 : ? in Ma~ Later$: 0.31"Z5 in Faot~r. 4~ vendor FLOW: 400 US Head: 90 ,l Eft:. NP$~; 14 R $hu~ff H~ t00 - ~ax ~we ~ a~ US gpm 400 ;2O 07/17.'02 Catalog: SUaTUROO.MP~ T~~ ~: 1 v~r ~ Suction: .- in DbcZ~tge: -- in Head Pump Pow, mr NPSHf tt %eft ~ ft ~4.8 74.6 13.8 15.8 gO tO.5 12.9 14 93.5 ~.8 11,7 188 96,5 55.7 REQUEST FOR REQUISITION J'~H.T.E. ENTRY DATE: H.T.E. REQUISITION # Clerk: Procurement Ass't: . Director: City Manager (non budgeted capital and/or $5000+): REASON FOR PURCHASE: conversion of well 21e from screened/gravel packed well to open hole Including replacement of pump & motor Bid # 028-2821-02/KR Commission Approved 2/19/02 VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: Marine Engineering Admin. ( ) Date: 7/31/02 ASAP (X) Address: 1951 l0th Avenue North Construction ( ) Date Needed: asap Confirm. ( ) Lake Worth, FL 33461 Cust. ReL ( ) ASAP/Conf. ( ) Distribution (X) BACKUP DOCS, DELIVERY: SUBMITTED: Phone (contact): Paul Pefley Lab ( ) Quotes/Verbal ( ) E. Admin. 40 ( ) (over $500) 561/586-6999 Pumping ( ) Quotes/Written ( ) E. WTP 41 ( ) (over $2000) Vendor Number: 6566 PWMaint. ( ) Bid Docs. (X) W. WTP 42 ( ) PWOps. ( ) Sole Source Ltr. ( ) P/U 99 ( ) INITIATOR: d formanek Sewage ( ) Insurance ( ) Special Instructions: Requirements: APPROVED: Strmwtr. ( ) Project Number: WTR 075 Quan. Unit Price Description & Part Number Fund Dept ! Basic Elem Obj Amount 1 1170.00 Mobilize/demobilize equipment & cleanup $1170.00 2 162.50 p/hr Initial specific capadty test w/city's production pump approx 2 $ 325.00 hours 1 975.00 Pull pump & Equipment from well $ 975.00 1 1300.00 Initial downhole video survey w/360 degree articulating camera $1300.00 1 23920.00 Remove ex sting screen, standpipe & casing from well $23920.00 12 or less 169.00 p/hr Remove gravel pack from well (not to exceed 12 hours) $ 2028.00 100 or 169.00 p/hr Develop well (not to exceed 100 hours) $16900.00 less 1 1300.00 Final video survey w/360 degree articulating camera $ 1300.00 1 3859.70 Crown model 7hh-500-1 bronze submersible pump, 400 gpm ~ $ 3859.70 90 tdh, consisting of bronze bowls & Bronze impellers, stainless steel shaft, colletc & bolts, rubber bearings, 4' discharge & 6" motor bracket ' 1 2749.69 Franklin Ni-Resist submersible 6' rr~tor 15 hp 460/3/60 3450 $ 2749.69 J rpm, subtrol equipped J C:kDocuments and Settings\formanekLMy Documents\formanekuserdatakformskrequisition blank.doc 5 or less 92.95 each 20 ft x 4 inch certa-lok drop pipe with coupling assembly $ 464.75 1 or less 55.38 10 ft x 4 inch certa-lok drop pipe wilh coupling assembly 55.38 5 or less 20.15 each 4 inch certa-lok coupling assembly $ 100.75 5 or less 106.47 each 4 rich sta nless steel certa- ok adaptom $ 532.35 1 975,00 Re nstall pump ~nd equipment $ 975.00 6 houm or i62,50 p/hr Final flow test (not to exceed 6 hours) $ 975~00 lesst 7 TOTAL 405 5000 590 96 02 I $5 ,630.62 C:kDocumems and Settings\formanekXMy Documents\formanekuserdata\forms~requisition blank.doc MARINE ENGINEERING CONTRACTORS, INC. GENERAL CONTRACTORS CG CA 17728 1951 loth AVENUE NORTH, LAKE WORTH, FL 33481 ($61) 586-6999 Fax (561) 586-7077 July 19, 2002 City of Boynton Beach 124 E. Woolbright Road Boyaton Beach, Florida 33435 via FAX (561) 742-6299 Atto: Dora Formanek J~e2 Ci,~ of Boynton Beach WeH Rehab Revised proposal for removing screen and gravel pack from Wells 17 thru 22, converting wells to open hole & replacing existing pumps & motors Dear Bob, Please 5n6 the following revised proposal, which was previously submitted July 12, 2002 This revision is per your written request of July 16, 2002: 1. Mob~l~ee/demobilize equipment and cleanup 2. Perform kfitial specific capacity test with City's production p,,mp for approximately 2 hours ($162.50gaour) 3. Pull pump and equipmeut from well 4. Perform initial downhole ~Adeo survey w/360 degxee articulating 5. Kemove existing scr~n, standpipe and ca~ing from well 6. Remove gravel pack from well approximately 12 hours ($169.00/ht) 7. Develop well for approximately 100 b. ou~ ($169.00Par) 8. Perform final video survey w/360 degree artietflating camera 9. 1 - Crown Model 7I-IH-500-! Bronze Submers~Ie Pump, 400 GPM 90 TI)H, consisting of bronze bowls & bronze Smellers, stainless steel sha~ co!lets & bolts, rubber beatings, 4" discharge & 6" motor bracket 10. 1 - Franklin Ni-Rcsis't Submerm'ble 6" motor 15 HP 460/3/60 3450 RPM, ~btrol equipped 11.1 - 20'x4' Certa-Lok drop pipe with couplSnE assembly * 12. 1 - 10'x4" Certa-Lok drop pipe with coupling assembly * 13.1 - 4" Certa-Lok coupling assembly 14.2 - 4" Stainless steel Certa-Lok adaptors ($106.47/each) ! 5. Reinstall pump & exluipmeat 16. Perform final ~ow test on well for approximm¢ly 6 hours (S162.50/hr) 17. Perform final well disinfection on well $ 1170.00 325.00 975.00 $ 1300.00 $23920.00 $ 2028.00 $16900.00 1300,00 3859.70 2749.69 92.95 55.38 20.15 212.94 975.00 975.00 1560.00 TOTAL (Per Well): $58418.81 * Certa-Lok nrieed at 10' & 20' iointn, until actual settin~ determined. Page Two: Dora Formanek $uly 19, 20O2 Please call ifyou have any qua'dons. Sincer¢l~r, ~.,ag~gv~ ~vs~ea~a cosr~ croxs, Pam~gFgefley, III Enclosure: Pump Data Sheet FLOW: 400 US gpm [ Head: 90 ff Eft:- 7~.~% ~: 17_9 bhp NPSHc 14 ft Shutoff Head: t00 ft Shutoff dP: ~$o4 p i~p: 7=.8% elf @ 492US gp~ NOL Pwn t5 bhp -- Max C~rve - Max F~. 19.0 bhP ~ 8~2 US gpm ¢.2 07/'17,/02 selmoon me: T~re: 60'F V~or pmsaa~: O~ Suott~: -- ~ Disc~ge: -- in USgpm 84.8 74J~ 13.8 15.0 90 70.5 12..9 14 ~.fi 6B.8 11,? 1~.~ 96,5 ~,7 10,4 ~ ~.o !7. · /' - ' t0o, , - \~jo- VII.-CONSENT AGEN DA ITEF4 C.1 CITY OF BOYNTON BEAC[ AGENDA ITEM REQUEST FOl vt Requested City Commission Meeting Dates ] August 6. 2002 Date Final Form Must be Turned m to city Clerk's Office July 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] October 1, 2002 Date Final Form Must be Turned in to Cit~ Clerk's Office September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November6,2002 October 14, 2002 {Noon) [] September 17, 2002 September3,2002 (8:00a.m.) [] Novcmberl9,2002 November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Recommend approval of resolution releasing the balance of $5,500 held in surety for Lowe's of Boynton Beach Excavation & Fill Permit 01-990. EXPLANATION: Please reference the attached Engineering Memorandum, No. 02-155 indicating that the required one-year warranty period this surety balance was retained for has expired. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: _ ~ Quintu~Ca~(et'rie, ~r;~tor of Devel6pment City Manager's Signature Department of Development Department Name tCity Atto~n~Finance / Human Resources S:~evelopmentXAdministration\CC Agenda ltemsXLowes surety release Permit 01-990 6-20-02.doc RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF THE CASH SURETY IN THE OF $5,500 FOR ' h WHEREAS, Lowe s of Boynton Beac provided cash surety in the amount of $5,500 as surety for the Excavation and Fill Permit; and WHEREAS, the one-year warrantee period of said surety has expired and the Engineenng Department has no outstanding issues. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon the recommendation ~of staff, hereby approves the release of the cash surety in the amount of $5,500 to Lowes of Boynton Beach. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: City Clerk s:ca\Reso\Letter of Credit/Cash Surety Release -Lowes Commissioner DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 02-155 TO: Quintus Greene Director of Development FROM: DATE: RE: Laurinda Logan, P.E.~_~ Senior Engineer July 17, 2002 Request for Release of Surety(s) Lowe's of Boynton Beach Excavation & Fill Permit No. 00-2298 Utility System Permit No. 001990 Quintus, Attached please find a copy of a letter requesting release of the final 5% (five percent) of the cash bond for the above referenced permits. Engineering has no outstanding issues that would affect release of the cash bond for this project. Thank you for your attention to this matter. If I can be of further assistance please feel free to contact me at x6482. LL/ck Cc: Jeffrey R. Livergood, P.E., Director, Public Works (via e-mail) H. David Kelley, P.E./P.S.M., City Engineer, Public Works/Engineering (via e-mail) Quintus Greene, Director, Department of Development Nancy Byrne, Assistant Director, Department of Development Michael Rumpf, Director, Planning & Zoning Peter Mazzella, Assistant to the Director, Utilities File C:\My Documents\Lowe's Request for Release of Surety, Memo to Q. Greene 7-17-02.doc LEVY LLC COUNSELOP~ .AT LAW ELEANOR B. HALPERIN O~ COUNSEL Ju~ 15,2002 Mary Monme Finance Dept. City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Re: Lowe's @ Boynton Beach Our File No. 5662.003 Dear Mary, I have received the City's check num[ These funds represent a return of posted by Lowe's in October of 2000. City as security for the one year w~. expired, we are requesting the batancz manner. I would appreciate your keeping me at funds by copies of any cor,'espondence If you have any questions, please do n( .r 65010 in the amount of $369,458.58. ~ of the two cash performance bonds 'he 5% retainage was to be held by the ~nty. Since the warranty period has )f the bonds also be returned in a timely ,rised of the progress of returning these r scheduled acjenda' items with the City. hesitate to give me: a call. Thank you. Sincerely you~r~ Eleanor B. Halperin c: M. Reynolds J. Compton F:~Data~ELLILmI_OVVE$~BOYNTON~Iallah an 3.022601 .d~c 1400 ~ARK I~OULEV,,~RD , SUITE I ) - ~ PALM B.E..~.CH, FLORIDA PHO~ 561,~8.4700 F~ ~1.4~5811 VII.-CONSENT AGENDA ITEM ¢.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6. 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to CiW Clerk's Office Juiy i7, ~002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) [] Administrative [] Consent Agenda [] Public Heating [] Bids [] Announcement [] City Manager's Report Requested City Commission Meeting Dates October 1. 2002 Date Final Form Must be Turned in to Cit~ Clerk's Office September 16. 2002 (Noon) [] October l5.2002 September 30. 2002 (Noon) [] November 6. 2002 October l4. 2002 (Noon) [] November 19. 2002 November 5. 2002 (Ngi~.) _~' -~ [] Development Plans ;~ . } [] New Business [] Legal c? _ ..~ ;~ [] Unfinished Business " -.- :,n ~ Presentation .... ~ RECOMMENDATION: Motion to approve and authorization to execute by Resolution an amendment in the amount of $30,184 to the Task Order No. 1 with CH2M Hill to provide additional construction phase services and related support services for the Seacrest Estates Water Main Replacement and Swale Improvement Project. EXPLANATION: CH2M Hill is presently providing full time Construction Phase Services on the Seacrest Estates Project and will require an additional 350 man-hours of Resident Observer time or $30,184 to complete this project through closeout. Originally, it had been expected that the Consultant would perform inspection on a half-time basis with the City providing supplemental inspection coverage through a City Construction Inspector; however, the Citywide-hiring freeze prevented hiring for this position. As a consequence CH2M Hill Resident Observer has provided full-time inspection to assure Contractor compliance with the city approved design. (Contractor performance to date while on schedule and within budget has required close attention by the Resident Observer and the City's Senior Project Manager due to work inefficiencies and lack of quality control). CH2M Hill has agreed to the lump-sum amount of $30,184 to complete the project. PROGRAM IMPACT: This Task Order amendment will provide the requisite additional manhours to assure that the project is completed as per construction documents, with adherence to safety standards and with full restoration of the site and attention to resident concerns. S:\BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL ~ in accOunt ~no. 403-5000-590-96.02 (WTR054). ALTERNATIVES: The alternatiVe of not funding this item may have workload implications for the Construction Services Division and could affect project continuity as it relates to pending technical issues, construction status, and the need to minimize disruption of the neighborhood. ~ent'~i~d,s Signature ~.~} '~'~-~" ~ Department Name City Attorney / Finance / Human Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE TASK ORDER NO. 1, BETWEEN THE CITY OF BOYNTON BEACH AND CH2M HILL IN THE AMOUNT OF $30,184 TO PROVIDE ADDITIONAL CONSTRUCTION PHASE SERVICES AND RELATED SUPPORT SERVICES FOR THE SEACREST ESTATES WATER MAIN REPLACEMENT AND SWALE IMPROVEMENT PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, CH2M Hill is presently providing full time Construction Phase Services on the Seacrest Estates Project and will require an additional 350 man-hours of Resident Observer time or $30,184 to complete this project through closeout; and WltEREAS, this Task Order amendment will provide the requisite additional man-hours to assure that the project is completed as per construction documents, with adherence to safety standards and with full restoration of the site and attention to resident concerns; WI-IEREA$, the City Commission upon recommendation from staff, deems it appropriate and in the best interest of the residents and citizens of the City to approve Task Order No. 1 in the amount of $30,184 to CH2M Hill for the additional construction phase services and related support services for the Seacrest Estates Water Main Replacement and Swale Improvement Project. NOW, TI-IEREFORE, BE IT RESOLVED BY TI-IE CITY COMMISSION OF TIlE CITY OF BOYNTON BEACII, ,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 approve and execute Task Order No. 1 in the amount of $30,184 to CH2M Hill for the additional construction phase services and related support services for the Seacrest Estates Water Main Replacement and Swale Improvement Project Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this . day of August~ 2002, CITY OF BOY-NTON BEACH, FLORIDA Mayor Vice Mayor ATTEST: City Clerk (Corporate Seal) Commissioner Commissioner Commissioner caxresoXagreements\Consultant - Task Order 1 - CH2M Hi11080902 Task Order 1 - Amendment 2 May 23, 2002 Additional Services for Technical Services for Design, Bidding and Construction' Phase for the Replacement of Small Diameter Water Mains and Swale Improvements in the Seacrest Estates Area, to Include Areas: not Included in the Original Agreement A. Background (CITY) completed a Water and Wastewater Master Plan that CITY's utility system through the year 2000. The projects identified in the plan related to the water system included improvements to the CITY's drinking water facilities to improve operations and increase water productiOn capacity as well as improvements to the water transmission system. Several of .the identified improvements related to areas where water mains smaller than 6- inches in diameter are located and areas where the water mains were located behind residential Seacrest Estates Area contains small diameter water mains of which are also located behind residenceS in the utility easements. The existing water mains in this area are mostly aging, galvanized or unlined, cast iron pipes~ There have been ongoing complaints of low pressure and poor water quality in this area. Maint~g the water mains in the utility easement has been problematic since many of the residents hav~ built on the easements. There have also been incidents Nth dogs and the residents don't appreciate having utility workers in their backyards. Replacement of the small diameter water mains with minimum 6-inch diameter water mains and looping the system will increase area pressures, improve water quality~ and provide a more reliable system, Earticularly for fire service. Moving the location of the water mains to the roadways will eliminate the problems associated with the backyard easements and improve meter reading efficiency. CITY staff has been actively replacing the small diameter water mains throughout the CITY; however, the breadth of the work required has taxed the CITY's resources. The CITY has evaluated their ability to perform all of the work required within the desired time schedule and has decided to contract out some of the small diameter water main replacement work. The improvements proposed for the Seacrest Estates Area under this Task Order shall be performed by a private contractor, therefore requiring biddable construction documents. The CITY is interested in replacing the old mains with new 6-inch diameter water mains. The pipe will mOst likely be C-900 PVC installed by conventional method, however directional drilling wand other materials will be considered for applicability. In addition to the small diameter water main replacement work, an approximately 2,100-foot section of the 6-inch diameter water main on Seacrest Boulevard from roughly Mission I-till to SE 36 Avenue is old unlined cast iron pipe. Poor water quality has also been reported in this area. This section of water main requires replacement and upsizing to a larger size compatible with service needs. The work will be developed for inclusion in the bid documents, however the CITY may choose to perform this work with CITY personnel. OFB/TO1 AMEND2.DOC To minimize disruption to neighborhoods, the City will continue implementation of it's swale reconstruction commensurate with the water main work and bid in the same construction contract. ~he of~ original task order adds additional construction phase services to spe~ificall~v: a 14 week construction' full-time inspection The specific services to be provided by the CONSULTANT are as follows: Task 1 - Engineering Design Services There are no changes to the Taskl services. Task 2 - Permitting Services There are no changes to the Task 2 services. Task 3 - Bid Phase Services There are no changes to the Task 3 services. Task 4 - Services During Construction 1. Additional full time construction obServation will be provided based on an additional 7 weeks of actUal cOnstruction (Monday through Friday); 10 hours per day for a total of 350 man-hours. C. Additional Services The CONSULTANT will provide additional services beyond the scope as authorized by a separate task order or an amendment to this task order. Additional services may include, but are not limited to, the following: · Additional site visits, public meetings or additional project scope OFB/TO 1AMENO2.DOC · Claims, litigation or other controversy in connection with this project. D. Assumptions · Unless indicated otherwise in this Amendment, all assumptions contained in the original Task Order 1 will remain in effect. E. Obligations of the CITY Unless indicated otherwise in this Amendment, all obligations of the CITY in the original Task Order 1 will remain in effect. F. Compensation Compensation by the CITY to the CONSULTANT will be on a lump sum in accordance with the Agreement. The estimated compensation for the services described in this Amendment No. 2 to Task Order No. 1 is $30,184.00. The table below summarizes the estimated costs anticipated for this task. Survey services are included in expenses and are not shown as part of the labor time or cost. Amendment No. 1 Cost Estimate Labor Labor Hours Costs Expenses Total Task 4--Additional Construction Resident Services 350 $27,692 $2,492 $30,184 G. Schedule The services to be provided under this Task Order will be included in the normal progress of the project described in the original task order. No additional time will be required beyond what is necessary for the surveyors to complete the additional field work. APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA Gerald Broening, Mayor Dated this day of ,2002. SUBMITTED BY: CH2M HILL, INC. x.~/Vice Pr'~dent, Area Manager Dated this ~_~ay of /v]~,~ ,2002. OF~/TO1AMEND2.DOC 3 VTI'.-CONSENT AGENDA ITEM C.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORxw Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15. 2002 [] November 6, 2002 [] November 19. 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14. 2002 (Noon) November 5.2002 (Noon)-" [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve and authorize sigmng of an Agreement for Water Service Outside of the City Limits and Covenant for Annexation, for the property owned by Ocean Ridge Development Company LLC located at 4555 East Coquina Road, in Unincorporated Palm Beach County. EXPLANATION: The subject property was previously served by City potable water only. Now, however, the structure (a single family home) is being rebuilt, and the developer desires to connect to the City's sewer system via a private pumping station. This Agreement is intended to reflect the altered site plan and the provision of sewer service, while also extending future annexation fights to this parcel. PROGRAM IMPACT: None. The parcel is within the City of Boynton Beach Utilities service area. FISCAL IMPACT: None ALTERNATIVES: Allow the owner to re-develop the site and add sewer service without benefit of an agreement. 'Deparetnent Head~s Signature ~i~v l~f~a'ge'rrs §i~namret' UTILITIES ~ Department Name City AttoYney / Finance / Human Resources Attachments Xc: Peter Mazzella (w/copy attachments) Mike Rumpf, Planning Director " File " SSBULLETINLFORMS~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXE~E AN AGREEMENT FOR WATER SERVICE OUTS LIMITS AND COVENANT: FOR CITY BEACH AND WHEREAS, the subject property is outside of the City Limits, but within our water and sewer service area, located in an unincorporated area of Palm Beach County; and WHEREAS, City policy requires annexation of the property to be serviced at the earliest practicable time, as a condition of the granting of water services outside its jurisdictional limits; and WltEREAS, this subject property was previously served by City potable water only, now however, the structure is being rebuilt, and developer desires to connect to the City's sewer system via a private pumping station; and WHEREAS, this Agreement is intended to reflect the altered site plan and the provision of sewer service, while also extending future annexation rights to this parcel; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being tree and correct mad are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Water Service Agreement between the City of Boynton Beach, Florida and S:\CA\RESO~,greements',Water Service\Ocean Ridge Dev Water Service Agr. doc Ocean Ridge Development Company LLC, said Agreement being attached hereto as Exhibit and made a part hereof. Section 2. This ReSolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk S:\CA',RESO~Agreements\Water Service\Ocean Ridge Dev Water Service Agr.doc AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this ~ day of ~'-(.,/~e.._ ,20 o ~, by and between /'~,., ~d~4'-~ /~v~.~~f-c~,-o,.',.//~--~x': j~[re~nafter called the 'Customer", ;'nd the CiTY OF BOYNTON BEACH, a nl'unicii3~l c~'rl~3ration of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the Jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer, and WHEREAS, the City of Boynton beach has the ability to provide water service to Custorner's property;, and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer. (Exhibit A) 2. The Customer and the City hereby agree that there are ~ Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulatiOns applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the. option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work i:)erformed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement Shall be used only by the Customer, unless written consent is granted by the City of BOYnton Beach for other parties to connect, All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer Shall be vested in the City exclus vely unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits .and rates for service and equipment in connection with water service outside the city limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable S0ecial Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge tO. such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the ~rrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way imPair the power of attorney nor constitute a diminution or lack of consideration. 9. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 23: 2~ 10. n~:luction, tt is. agreed that the City shall have no liability in the event there is a Or termination in water service to be provided under this i of local, such impairment or boycott.,s, the CitY s other casua c~rcum all (whether or not incurred on appeal or in costs ~ from the Customer's obligation nd hold harmless the Officers, ainst fees and ance 12, No additional agreements or representations shall be binding on any of IN WITNE,~, WHEREOF, the parties hereto haveset their hands and seals this day of ;.j c.,4 ~'_ ,200_~ W (As to owr~r) (As to owner) I N QIVI DiJAL( S)~..~J~S .OWNER(S): .'/ (Print ..name) . (Print name) (Aa to owner] FOR INDIVIDUAL(S) NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) personally iknown to me or pn3vided the following proof of identification: _ ~__..~WtTNESS my hand and official seal in the County and State last aforesaid this x~Y"~~'''-x dayOf ~ ~.~ ,200_ ~~' _--~ ~:. : _ ~ L ~;?:~1~2] WITNESS: Notary Public CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City Clerk STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) i HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State afom~aid//and iR t.he, Couptyj~resaid to take acknowledgments, personally appeared -. ' ~ ........ Mayor and , City Clerk respectively, o~ th~ City named in the foregoing agreement and that they severally acknoWledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this ~ day of ,200_. (Notary Seal) Notary Public Approved as to form: Legal Description Approved: City Attorney JAC/Ims 9O0182 12/12/95. rev WATERSRV.I ~/27/2~]2 25:2~ 5~177~G THI~ I~TRUMENT I~'EPARED BY: IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA I/Wa, ~)£(~,~_ ~, 0/? .J/~ ~:~//~.~ ~_/~/_,~ereinaffer "Grantee', hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attomey in fact for Grantee and in Grantee's name. place and stead, for the sole purpose of executing on behalf of Grantee the power to Initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is 1[he subject of this power is described as follows: The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 03- 01~ day of ,,J c2~__ , 20c)).-and the powers and authority shalt be irrevocable by Grantee. ,gB/27/2g~2 23; 28 56].770~J4'gF: '5:B_-5 Ek!G PA6E IN WITNESS WHEREOF, we have hereunto set our hands and seals the clay of ~"~/~,~_ . , in the year two thousand and -~-c,,/~) . Wit~ss Pfi~ ~me Witness STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) ,~i~..-~ THE FOREGOING INSTRUMENT.~/as acknowledged before me this day of ~-;S~0 . , 20o~ ~",\~. ~v~v'~-~ and -- ,~o are known to me ~ whb have produced , as '~tion and, J~o did/did not take an oath. My Commission Expires: POA. IND NOTARY PUBLIC Type or Print Name Commission No. £1~'1C C. CH~I~,"rU, I~F..~EC.~A L. HleNDEiI~ON At.~W L- QUILr.~ ] LK, ]]0E KI E R ATTO] EYS AT LAW July 24, 2OO2 City of Boynron Beach 100 Bas! Boynton Beach Blvd. Boynton Beach, FL 33~3 5 Re: Ocean Ridge DevelonmentComnanv_=LL~4555 Coauina Rd.. Ocean Ridge, ~lo~da Dear Ladies arid Gentlemen: You have r~lucsted an Attorney's Opinion of Title certifying the owners of record of the Property (degreed hereinafter). I have performed a search of thc public records for Palm Beach County, Florida throush June 26, 2002, a~ 11:00 p.m. of the Property, Based on my review of the public records of Palm Beach County, Florida, for the Property, I certify that the Property is owned in fee simple tire by Ocean Ridge Development Company, LLC, a Florida Limited Liability Company, pursuant to that certain Warranty Deed recorded on Jauuary 14, 2002, in Official R~ords Book 13305, at Page 477. ofthe public records of Palm Beach County, Florida (the "Property"), which is legally described as follows: The North 70 feet of Lot "B", ~Z PELICAN BEACH ADDITION, according to thc Plat thereof on file in the Office ofthe Clerk ofth~ Circuit Court in and for Palm Beach County, Florida,. recorded in Plat Book 23, Pa~e 132. This.law firm's opinion is limited expressly to matters stated herein and I express no other opinions rc~arding the Property. This opinion of title is given to the City of Boynton Beach, Florida solely and exclusively for tlmir use in the approval and development of the Property and no other party is entitled to rely upon same, This opiruon of title is not to act as title insuraace, and in no way insures any party against adverse claims of rifle, which may adversely aff~t the City of Boyaton B~aCh Pa/e 2 luly 24, 2002 Property. IfI may be of any further assistance to you, please do not hesitate to contact me. SAB:ss cc: Ocean Ridse Development Company, LL¢ Attention: l~mnk 1~. McKirmey Sincv_.mly, ELK, BAI~"PALMEK & CHRISTU DESCRtP TION: THE NORTH 70 FEET OF LOT E, FRANTZ PELICAN BEACH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 25, PAGE 152, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MAP OF BOUNDARY SURVEY I HEREBY CERTIFY THAT THIS SURVEY WAS MADE UNDER MY RESPONSIBLE CHARGE AND MEETS THE MINIMUM TECHNICAL STANDARDS AS 5ET ~R:TB BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS ~ CH~£~TE.~ 6[G17-6, FLORIDA AD~STRA TIVE CODE, PURSUANT TO SECT~N 4Z~.~, ~A-.~STA'~UT~S' NOT WLe ~T~OUT ~ s~TU~ ~ SURV~OR ~. MAPP~ ~~ O'BRIEN, SUITER O'BRIEN, INC. LAND SURVEYORS CERTIFICATE OF AUTHORIZATION//LB353 SURVEYOR ANO MAPPER IN RESPONSIBLE CHARGE: PAUL O. ENGLE 2601 NORTH FEDERAL HIGHWAY, OELRAY BEACH, ~LORIDA $$483 (561) 276-4501 752-5279 FAX 276-2390 REVISED' 3/2~ 02 -AODED IscALE: 1" - - 2~ RY 21 2002 SEAS . 02 - ADdiTIONAL L~OROgR NO.: ,,A I B. 130 22 · LOCATiON MAP !..EGAL DESCRIPTION: THE NORTH 70 FEET OF LOT E, FRANTZ PELICAN BEACH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 23, PAGE 152, PUBLIC RECORDS OF PALI~ BEACH COUNTY, FLORIDA. LOT E ROOM - ~o_o~ RoAD P~ V~o+i~.~- ~ WOOD PORCH PLAN~RS~ ~HO~YN POOL CONC. POOl DECK ~EACRAPE$ ~EA OA TS % -LIMITs OF SEAOA VII.-CONSENT AGENDA ITEM C.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17,2002 NATURE OF AGENDA ITEM Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned . in to City Clerk's Office Meeting Dates in to City Clerk's Office July 17, 2002 (5:00 p.m.) [] October 1,2002 September 16, 2002 (N ,.o9~.) - August 5, 2002 (Noon) [] October t 5, 2002 September 30, 2002 (No~.~ August 19, 2002 (Noon) [] November 6, 2002 October 14; 2002 (Noon.~ September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon'r..2¢ [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Armouncement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve Change Order No. 2 to the East Water Treatment Plant, Phase HI, Parking Lot Construction, Bid #006-2413-02/KR, with Megan South, Inc. in the amount of $10,865.35. EXPLANATION: This project consists of the construction of 54 new asphalt paved parking spaces on an existing shellrock area at the City's East Water Treatment Plant including drainage, irrigation and landscaping. Driveway improvements to the front of the service/delivery area were also including in the contract. Original construction documents were premised on the base rock under the existing driveway being at sufficient depth and of suitable material to allow correct re-grading and compaction. This proved to be incorrect as in some areas the base rock was at 10' depth and in other areas at a 3-4" depth and/or with very sandy material. The Design Engineer determined that all rock should be removed and replaced to the specified depth. Jeff Livergood, Public Works Director, concurs with this recommendation. PROGRAM IMPACT: Change Order No. 2 consists of the installation of additional sub-grade, sub-base, and ~" asphalt lift at the north roadway at East Water Treatment Plant site as requested by the Design Engineer. Work will include demolition, testing, and surveying. FISCAL IMPACT: The recommended amount of Change Order No. 2, $10,865.35, is considered fair and reasonable for the described work. Funds are available in Account g407-5000-590-96-01, WTR099. Original Contract Amount: Change Order No. 1 Proposed Change Order No. 2 Revised Contract Amount $153,200.00 $ 10,079.00 $ 10,865.35 $174,144.35 Commission Approved July 2, 2002 S:\BULLETINLFORMS'~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM: REQUEST FORM ALTERNATIVES: The alternative is not to perform the work; however, the north roadway is the main access road to the East Water Treatment Plant for service and chemical deliveries. Deputy Director of Financial Services ' ~ 'i ~ ' Procurement Services Department Name City Attorney / Finance / Human Resources cc: Jeff Livergood, Public Works Director Mark Law, Deputy Utilities Director H. David Kelley, City Engineer Barb Conboy, Administrative Coordinator Clem Bucher, Contract Administrator File S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CHANGE ORDER NO. 2 TO THE EAST WATER TREATMENT PLANT, PHASE III, PARKING LOT CONSTRUCTION PROJECT (BID NO. 06-2413-02/KR) WITH MEGAN SOUTH, INC., IN THE AMOUNT OF $10,865.35; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this change order consists of the installation of additional sub-grade, sub-base and 'd' asphalt lift at the north roadway at East Water Treatment Plant site as requested by the Design Engineer;; and; WHEREAS, the City Commission, upon staff's recommendation, has deemed it appropriate, and in the best interests of the public, to approve Change Order 2 to the East Water Treatment Plant, Phase 15I, Parking Lot Construction project with Megan South, Inc., in the amount of $10,865.35; 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 approve and execute Change Order No. 2 with Megan South, Inc., in the amount of $10,865.35, for the East Water Treatment Plant, Phase 111 Parking Lot Construction project. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk cah-esoXagreements\Change Order 2 - EWTP - Parking Lot Megan South TO: THROUGH: FROM: DATE: RE: DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 02-162 Bill Atkins, Assistant DireCtor Finance/Procurement Agent Jeff Livergood, Director Public Works=,~ RECEIVED AUG 01 2002 PROCUREMENT SERVICES Bill DeBeck, Prc July 26, 2002 Agenda Item - EWTP, Phase III, Parking Lot, Proposed Change Order No. 2 You are kindly requested to prepare an Agenda Item Request Form for the subject Change Order for the East Water Treatment Plant, Phase III, Parking Lot in accordance with the following information: Project: East Water Treatment Plant, Phase III, Parking Lot Contractor: Megan South, Inc. Change Order No. 2, Scope of Services: Install Additional sub-grade, sub-base and %" asphalt lift at North Roadway on site as requested by the design engineer. Work to include all demolition, testing, and surveying. Price: $10,865.35 Account No.: 407-5000-590-96-01 (WTR099-EWTP, Site Development, Phase III) Contract Status: Original Contract Amount: $153,200 Change Order(s) to date: $10,0.79 Proposed Change Order: $10,865.35 Revised Contract Amount: $174,144.35 Department of Public Works - Engineering Division Memo #02-162 Re: Agenda Item - EWTP; Phase III, Parking Lot, Proposed Change Order No. 2 July 25, 2002 Page 2 Reason for this Change:' Original construction documents were premised on the base rock under,the existing driveway being at, sufficient depth and of suitable material to allow correct re- grading and compaction, this proved to b ' some areas the baSe rock was at 10" depth and in other areas at a 3-4" depth sandy material. The Design Engineer determined: that all rock should be removed and replaced tothe specified depth. Client Office Concurrence: The Utility Dept. Deputy Director has concurred with this proposed Change Order. Copies of the signed Change Order are attached hereto. If you have any questions, please contact Clem Bucher, Contract Administrator, ext. 6491. XC: H. David Kelley, City Engineer Mark Law, Deputy Director Wastewater Clem Bucher, Contract Administrator Barb Conboy, Administrative Coordinator S:\Engineenng\DostaI~ENGINEERING\EVVTP Parking Lot CO ~2 Memo ~02-162.doc Distribution: Owner xQ Architect x4;21 Change Order AIA Document G701 Consultant ~1 Contractor x~l City Of Boynton Beach Department of Engineering Construction Services Division Field Qx Other Project: EWTP Parking lot To: Megan South 6521 Orange Drive Davie, Florida 33314 Change Order Number: 2 Initiation Date: April 26, 2002 Contract Date: Jan. 1, 2002 You are directed to make the following changes in this Contract: Install additional sub-grade, sub-base, and %" asphalt lift at North Roadway on site as requested by the Design Engineer. Contract changes due to: Unforeseen site condition Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including- any adjustment in the: Contract Sum or Contract Time. The original (Contract Sum) (Guaranteed Maximum Cost) was $153,200 Net change by previously authorized Change Orders The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was The (Contract Sum) (Guaranteed Maximum Cost) will be increased by this Change Order $10,079 $163,279 $ 10,865.35 The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order $174,144.35 The Contract Time will be (increased) by 12 Days The Date of Substantial Completion as of the date of this Change Order therefore is July 5, 2002 Dave Kelley Architect/Engineer Me.qan South, Inc. Contractor Address: City of Boynton Beach, Director En,qineerinq Address:6521 Orange Drive Davie, Florida 33314 Address: Owner By: Date: Distribution: Owner x~ Architect x~ Change Order A1A Document G701 Consultant ~1 Contractor xQ City Of Boynton Beach Dep~ Field Qx Other Project: EWTP Parking lot To: Megan South 6521 Orange Ddve Davie, Florida 33314 Change Order Number: 2 Initiation Date: April 26, 2002 Contract Date: Jan. 1, 2002 You are directed to make the following changes in this Contract: Install additional sub-grade, sub-base, and %" asphalt lift at North Roadway on site as requested by the Design Engineer. Contract changes due to: Unforeseen site condition Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including- any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) (Guaranteed Maximum Cost) was Net change by previously authorized Change Orders The (Contract Sum) (Guaranteed Maximum Cost) pdor to this Change Order was The (Contract Sum) (Guaranteed Maximum Cost) will be increased by this Change Order The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order The Contract Time will be (increased) by The Date of Substantial Completion as of the date of this Change Order therefore is $153,2OO $10,079 $163,279 $ 10,865.35 $174,144.35 12 Days July 5, 2002 Dave Kelley Me.qan South, Inc. Architect/Engineer Contractor Owner Address: City of Boynton Beach, Director Enqineedn.q Address:6521 Orange Ddve Davie, Florida 33314 Address: By: Date: July 10, 2002 MEGA 1 SOUTH, Il'lC. General Construction & Utility Contractors E ,iGINEERIN Mr. David Kelley City of Boynton Beach Department of Engineering 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Sent Via Fax: 561-742-6285 U.S. Mail East Water Treatmem Plant, Phase IH Parking Lot Construction-Additional Work/North End PCO No. 2 Dear Mr. Kelley: Megan South, Inc. requests a change order in the mount off TEN THOUSAND EIGHT HUNDRED SIXTY FIVE DOLLARS and 35 CENTS ($10,865.35) to cover costs associated to install additional sub-grade, sub-base and 3/4" asphalt lift at North roadway on site as requested at the above referenced project. Cost summary attached. Upon written approval of this request, we will proceed with added work scopes. MEGANSIncerelY'soUTH, I]~C. / Vice President Cc: GR/File JV SP DAVIE OFFICE 6521 Orange Drive · Davie, Florida 33314 ° Phone (954) 316-7000 · Fax (954) 792-3456 CORPORATE OFFICE 303 W. Main Street, 4th Floor · Freehold, New Jersey 07728 · Phone (732) 294-1281 · Fax (732) 294-1285 Design Change Notice City Of Boynton Beach Department of Engineering Construction Services Division Contractor: ~Megan South !nc Contract: AttentiOn: Jake Voth Location: East Water Treatment Plant Project Name: EWTP Parking areas DCN No./Page No.: I1 DESIGN DOCUMENTS CHANGED Document Type Description Number Sheet No. Rev. No. REASON FOR CHANGE In additon to removing all asphalt in the north driveway area., cut subgrade to 10" deep removing all exising rock and sand. Recompact subgrade per standard detail specifications, add 8" of rock, Compact, cjrade, prime and overlay per oricjinal contract specifications Proposed Change Has A Cost Impact Yes xx No Q If Yes, Attach Details. Proposed Change Has A Schedule Impact Yes xx No ~1 If Yes, Attach Details. Change Order No: #2 Engineer: City of Boynton Beach Date: April 26,2002 Project Manager: Bill De beck Date: Transmittal Number To CBB Project Manager/Date: DCN Accepted ~1 DCN Not Accepted ~1 CBB Project Manager/Date: April 26, 2002 VII.-CONSENT AGENDA ITEM C.6 CITY OF BOYNTON BEAC} AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 NATURE OF AGENDA ITEM Date Final Form Must be Turned _ in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission ...Meeting Dat~ [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noor~ November 5, 2002 (No :.~_ [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Staff recommends adoption of Resolution R granting the Mayor authority to sign the second amendment to the Interlocal Agreement between the South Palm Beach County Public Safety Communications Cooperative 0loynton Beach, Delray Beach, and Boca Raton) and Palm Beach County for use of the County SmartZone switch. EXPLANATION: The purpose of the second amendment is designed to standardize the County's Smart Zone agreement relative to mutual aid, use of specific channels and programming issues. With the recent inclusion of Palm Beach County Fire Rescue on the 800MHz system, talk group usage, monitoring and standardization of talk group temPlates were added. These issues were not previously addressed in the initial agreement. Section 4.03, Microwave was modified omitting unnecessary and redundant reference to Boynton B each. A separate agreement for microwave usage exists between Boynton Beach and the County. PROGRAM IMPACT: Establishes the guidelines for interoperability between the municipal agencies of the South Hub and the County. FISCAL IMPACT: None ALTERNATIVES: No alternative. Cities are locked into the Interlocal A reement coverln the usa e SmartZone switch. ~ ' g g of the ' d~ Department Heads Si~ture -- d[y ~na'~;r's S~gnature Commnnicafio~ ~ ~ Dep~ent Nme CiW A~omey / F~ce / H~ Reso~ces S:XBULLETIN~ORMSXAGENDA ITEM REQUEST FORM. DOC RESOLUTION R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND D MAYOR AND CITY-~ INTERLOCAL PALM BEACH SAFETY DELRAY SMART ZONE AND AN EFFECTIVE DATE. WItEREAS, the Second Amended Interlocal Agreemem is designed to standardize the County's Smart Zone Agreement relative to mutual aide, use of specific channels and programming issues; WItEREAS,·'with the recent inclusion of Palm Beach County Fire Rescue on the 800 HHz system, talk group standardization of talk group templates were added. usage, monitoring and NOW, THEREFORE, BE IT RESOLVED BY THE CITY cOMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Upon recommendation of staff, this Commission does hereby authorize and direct the Mayor and City Clerk to execute the Second Amendment to the Interlocal Agreement between South Palm Beach County Public Safety Communications Cooperative and Palm Beach County, which is attached hereto as Exhibit "A". Section 2 That this Resolution shall become immediately upon passage. PASSED AND ADOPTED this __ day of August. CITY OF BOYNTON BEACH, FLORIDA effective Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) s:caxr~o~grXinterloealXCty~Pl$C Public Safety 2~ Amendraent Facilities Development & Operations Department 3323 Belveaere Road Building 503 West Palm Beach, FL 33406 ~561) 233-0200 FAX: Adm: t561) 233-0206 PREM: (561) 233~0210 CID: (561) 2:53-0270 www. pbcgov, com Palm Beach County Board of County Commissioners Warren Pl. Newell. Chairman Carol A. Roberts, Vice Chair Karen T. Marcus Mary McCarty Burr Aaronson Tony Masilotti Addie L. Greene July 3, 2002 Phyllis Dixon, Communications System Manager City of Boynton Beach 100 E. Boynton Beach Blvd Boynton Beach, Fl. 33425-0310 Re: Palm Beach County 800 MHz System South Hub Agreement - 2"a Amendment Dear Ms. Dixon, Per your request, attached please f'md an original second amendment to the South Hub Agreement along with 5 original signature pages for your City. When approved by your Council, please have all five signed by the Mayor, witnessed by the Clerk, and returned to my office. When I have received all three signature pages, I will schedule for approval by the Board of County Commissioners. After approved by the Board, I will have an fully executed original returned to the City for your files. If you have any questions, feel free to call. Sincerely, Audrey W~ol Director Facilities Development & Operations Count~ Administrator Robert Weisman -An Equal Opportunity Affirmative Action Employer" attachments c: Robert Weisman, County Adminsitrator (w/o attach) Robert Zelazny, Director Communications (w/o attach) Clark Curtis, 800 MHz Project Manager (w/o attach) Mark Filla, 800 MHz, System Administrator Hugh McCaffrey, South County Public Safety Cooperative ~ prfnted on recycled paper INTERLOCAL AGREEMENT This Amendment//2 to an INTERLOCAL AGREEMENT, is made and entered into this day of ,2002, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida ("COUNTY") and the cities of BOCA RATON ("BOCA RATON") and DELRAY BEACH ( ELRAY BEACH ) and BOYNTON BEACH ("BOYNTON BEACH"), each a separate municipal corporation existing under the laws of the State of Florida. WITNESSETH WHEREAS, the Cities of Boca Raton, Delray Beach, and Boynton Beach, have established via interlocal Agreement the South Palm Beach County Public Safety Communications Cooperative for the purpose of expanding the geographic use of available frequencies for mutual assistance and daily activities and for the establishment and operation of radio communications systems; and WHEREAS, the COUNTY has purchased, designed, installed, and Committed to the operation of an 800 MHz Trunked Radio System to meet the needs of the Palm Beach County Sheriff's Office, Palm Beach County Fire Rescue, Palm Beach County Emergency Management SerVice, and various Palm Beach County general government agencies; and: WHEREAS, the COUNTY and the Cities have determined that the ability to provide interoperable systems is critical to the effective and efficient provision of public safety services; and WHEREAS, it has been determined mutually beneficial to all Parties to execute this Agreement which sets forth the parameters under which the radio systems of the Cities and the COUNTY can be connected saving the taxpayers money of both the COUNTY and the Cities as well as the opportunity to receive the public safety benefit of interoperability; WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into Interlocal Agreements to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the parties agree that this Amendment//2 is appropriate to update the original Interlocal Agreement, as amended from time to time, and that this amended agreement rescinds and terminates Agreement//2001-0199,and replaces it in its entirety: ' NOW THEREFORE, in conjunction with the mutual covenants, promises and representations contained herein the parties hereto agree as follows. SECTION 1: Purpose The purpose of this Agreement is to set forth the parameters under which; 1)~ the COUNTY will make specific components of its 800 MHz Trunked Radio System available to the COOPERATIVE in order to provide for interoperable radio communications between the COUNTY and the cities participating in the COOPERATIVE and 2) identify the use and monitoring requirements for the Common Talk Groups established oh..the County System. South Hub Amend #2 Last Update: 7/3/02 17:35 Page I of 19 SECTION 2: Definitions 2.01 site located in Tract B, Rolling 2.02 ~rimary radio communications ,mmunications system The interlocal oF agreement wkh the City of West Palm Beach. 2.03 Cities The City of Boca Raton, the City of Delray Beach, and the City of Boynton Beach, as individual entities, but used in context of this Agreement to mean each city acting in the collective. ' t Roamin Talk Group ..... Talk ~rouns established on a municipal radio 2.04 -C. ltY'C.°u.n Y - g- 'llassi n channel resources on the County s communications system tor which the SmartZone controller wi g communications systems when units from the talk group are registered on the System. Common CountWwide Talk Grout~s Talk groups established on the County communications2'05 system that are made available- to municipalities- and other non-County agencies. These talk groups must be programmed into agency radios and be selected by the user. 'S 2.06 CounW Talk Grour~s: Talk groups established on the County cmmunication - :7 ,mmunications. These system that are and only available to outside departments by talk groups are reserved for separate agreements. ntroller The Controller is the group of equipment components that provide 2.07 ' ' ' ' audio routing and contr~ functions required to interface various independent communtcauons system and provides interoperable operations between the individual systems. ~ The South Palm Beach County Public Safety Communications 2.08 established by BOCA RATON, DELRAY BEACH AND BOYNTON BEACH Cooperative which was for the three to collectively provide a radio communications system which provides radio communications cities. All references to the COOPERATIVE shall also refer to each of the Cities of Boca Raton, Delray Beach and Boynton Beach and to the approval of all actions of tl~e COOPERATIVE by the Cities pursuant to the l. nterlocal Agreement establishing the COOPERATIVE dated 2/2/98. Cooperative's System The .800 MHz trnnked radio' system or systems, funded, , 2.,09. "'mamL~,---:-":ned and owned' by the COOPERATIVE or the mdxw, dual' ' ' c.m. es' ' . The.system, ourcnasea, mstaLtect, . .. -. , ai e:_~a -~'qo transmitting anct recetvmg equipment, or systems, shall include the t~xect netwom anu tmu ~,,~, microwave equipment and/or leased communication transport lines as required for communications between sites, dispatch cen q ipment and facilities required for the. operations.., of each. cxty s pubh se~]~;~ ~nctions, and the towers and physical facihues require to house and safety arid government maintain the system eqmpment. South Hub Amend #2 Last Update: 7/3~02 17:35 Page 2 of 19 2.10 CSOPAC Communications System and Operations Policy Advisory Committee established to develop policies for the system in which both the COUNTY and the CO(SPERATIVE participate. 2.11 CRSSC Countywide Radio System Steering Committee established to oversee implementation of the policies established by the CSOPAC and to modify existing policies or create new policies as required over tl'/e lifeof the System. 2,12 Microwave System A communications system utilizing frequencies in the microwave range to route audio and control signals between sites in a multi-site communications system. 2.13 Network Administrator: Is the County staff position responsible for maintenance and administration of the coUNTy system including the SmartZone Controller. 2.14 North Hub The North Hub is a communications system proposed to be developed by the municipalities in the northern County area. 2.15 Parties All entities that have executed this Agreement which include the COUNTY, BOCA RATON, DELRAY BEACH AND BOYNTON BEACH. 2.16 Prime Site The location of the County's SmartZoneTM Controller. 2.17 Radio Alias: The unique name assigned to an operator's radio that displays on the dispatchers console when a radio transmits. 2.18 Roaming Feature A feature of the SmartZone controller that allows units from specified talk groups to register onto communications systems associated with the SmartZone controller when beyond the coverage of their primary system. Additionally these talk groups are assigned communications channels on the systems where units registered when there is talk group activity. 2.19 South Hub The South Hub refers to the communications system, facilities and operations proposed by the South Palm Beach County Communications Cooperative. 2.20 System The 800 MHz Trunked Radio system funded, purchased, installed, maintained and owned by the County. The system will include fixed ~nd field transmitting and receiving equipment, a microwave system for communications between sites, remote and prime site control and management equipment, dispatch consoles and related equipment and a SmartZone controller located at the prime site. 2.21 System Administrator: An employee within the County's Communication Division of the Department of Facilities Development & operations Department r~sponsible for day to day administration and management of the System and County's designated contact person pursuant to various sections of this Agreement: South Hub Amend #2 Last Update: 7/3/02 17:35 Page 3 of 19 SECTION 3: COUNTY'S 800 MHz Trunked Radio System 3.:01 The COUNTY has purchased, installed, and operates a SmartZoneTM Controller, capable maximum of nine (9) ports. 3.02 COOPERATIVE agrees to pay its fair share of the o costs associated with the Controller on pro rata basis. The operations included are: system administration costs (which includes and component renewal, replacement costs, >urced or performed by the County). The COOPERATIVE' n 5.01 and 5.012 of this Agreement. 3.03 COOPERATIVE will be solely responsible for any and all permitting and/or licensing costs associated with its use of the Controller° 3.04 COOPERATIVE will be solely responsible for any and all costs associated with the purchase of equipment components, modules, interfacing hardware and the installation services required to utilize the SmartZone~ Controller. 3.05 'The COOPERATIVE agrees that only the COUNTY will connect to, expand, or otherwise modify System components which are owned by the COUNTY. The COOPERATIVE will fund such actions to be undertaken by the COUNTY on the COOPERATIVE's behalf, and pursuant to the terms of this Agreement. 3.06 The COOPERATIVE will only be financially responsible for those actions undertaken on the COOPERATIVE's behalf when the COOPERATIVE has agreed to the costs in writing prior to commencement of the activity. SECTION 4: County's Digital Microwave Communications System 4.01 Pursuant to a separate agreement between the COUNTY and BOYNTON BEACH, the COLrNTY will locate digital microwave communications equipment at the Boynton Site. The COUNTY will allow the COOPERATIVE to use the microwaice system as a communication path between the COOPERATIVE and the Controller located at the COUNTY's Prime Site. 4.011 Boynton Beach will solely utilize the 6 T1 capacity in the Microwave System reserved for use by.the COOPERATIVE pursuant to separate agreement and that Delray Beach and Boca Raton will transport from their systems to the COUNTY's Prime Site via leased Tls and not via the Microwave System. 4.012 If Delray Beach and Boca Raton subsequently decide to utilize the Microwave System directly from their respective systems to the COUNTY's Prime Site, the individual City will be totally responsible for all costs associated with the purchase, installation, ownership, operations and maintenance of equipment solely for its benefit. South Hub Amend #2 Last Update: 7/3/02 17:35 Page 4 of 19 The provisions of Section 4.03 will also then apply to Delray Beach and/or Boca Raton. 4.02 COOPERATIVE will be solely responsible for all costs associated with interfaces between the Microwave System or the commercial telephone system and the COOPERATIVE's radio system. 4.03 or behalf, and pursuant to The COOPERATIVE agrees that only the COUNTY will connect to, expand, stem components which are owned by the COUNTY. actions to be undertaken by the COUNTY on the COOPERATIVE's of this Agreement~ SECTION 5: COOPERATIVE's Maintenance and Administration Costs 5.01 The COOPERATIVE shall pay an annual maintenance and administration fee based on ] costs. The costs provided below present as not to exceed, the SmartZone Controller are derived as follow: the capped Estimate Annual Costs for fiScal 2003 are multiplied by the fixed percentages and the sum of the costs for each category are apportioned out to the user agencies based on the number of active talk groups for each agency, As additional non-County users connect directly to the SmartZone Controller, the C ' OOPERATIVE S percentage of the total cost will reduce. Estimated Annual Annual Staff or Materials Cost Percent Cost Network Administrator $75,000 Network Engineer $67,000 Field Engineer $50,500 Data Entry $25,000 Parts/Supplies/Software $50,000 Total 20% $15,000 10% $ 6,700 10% $ 5,050 10% $ 2,500 30% $!5,000 $44,250 5.011 The COUNTY reserves the right to charge the COOPERATIVE on a time and materials basis for the after hours emergency trouble reports that are not the result of a failure of the SmartZone Controller, the Ambassador switch, microwave system or related subsystems or software. 5.02 The COUNTY shall inform the COOPERATIVE of any adjustments to the maintenance administration costs each year during the month of March. The COOPERATIVE shall pay the maintenance and administration fees as a check payable to the Board of County Commissioners. The COUNTY shall invoice for payment in October and payment shall be due November 30t~. Each year'the COUNTY shall re-calculate the fees provided in this Agreement. The new calculation shall consider increases to the number of active talk groups and annual maintenance and administrative costs. Using the allocation methodology described in this Agreement, the costs contained in Section 501 can be modified annually based on a letter agreement executed by the County Administrator (of his designee) and the Chairman of the COOPERATIVE. South Hub Amend #2 Last Update: 7/3/02 17:35 Page 5 of 19 5.03 The COOPERATIVE shall provide to the COUNTY copies of their software licenses for the use of the SmartZone system features associated specific: with the COOPERATIVE. These 5.04 The COOPERATIVE shall have the authority to connect and utilize the features and radio syste on two shall and= 6:00 a.m. 5.06 The COOPERATIVE shall be responsible for maintaining the equipment components that make up the COOPERATIVE'S System and the associated equipment used to interface with the County's system. 5.07 The COOPERATIVE shall have the authority to utilize private call and telephone interconnect features, for the operations of their agencies. The COOPERATIVE reCognizes that the COUNTY'S use of the System does not include these features. As a result, additional equipment and software licenses may be required to implement these features. SECTION 6: System Capacity Forecast Assumptions 6.01 The CoUNTY and the COOPERATIVE agree that it would be mutually beneficial to maximize the number of city-county talk groups wi{h capabilities for System-wide roaming. The system However, as the design forecast does not project any System capacity is available to achieve this objective. System is used, the COUNTY will have actual System use data that can be used in lieu of the System use assumptions used for the original system capacity projection. The' COUNTY agrees to periodically The of this 'S reevaluate law enforcement use of the System compared to the use projections, specifics evaluation are identified in Attachment A to this Agreement. 6.02 Roaming shall be allowed between the radio systems of the COOPERATIVE members at the discretion of the COOPERATIVE. Roaming shall not be allowed, as of the date of this Agreement, from COOPERATIVE systems onto the COUNTY system nor from the COUNTY system onto the COOPERATIVE systems. South Hub Amend #2 Last Update: 7/3/02 17:35 Page 6 of 19 SECTION 7: COOPERATIVE's Acknowledgment of COUNTY Expenditure The COOPERATIVE acknowledges that by entering into this Agreement, the COUNTY has allowed the COOPERATIVE to save in excess of $I,000,000 as well as avoid costs associated with establishing a microwave link from the Boynton site to the Prime Site in excess of $125;000. SECTION 8: COUNTY'S Obligations to COOPERATIVE's System 8.01 Nothing in this Agreement shall represent a commitment by the COUNTY, or shall be construed as intent by the COUNTY, to fund any portion of the COOPERATIVE's System. 8.02 After system acceptance warranty expiration, the COUNTY shall provide a response by a qualified technician to failures of SmartZone functionality that impact the operation of any of the COOPERATIVE'S radio systems within two hours of being notified of such failure. The COUNTY shall take all possible actions to restore SmartZone functionality to full operation without delay. 8.03 COOPERATIVE shall give the COUNTY twenty four hours notice of the need to access the SmartZone Controller facility for routine maintenance or installation of COOPERATIVE equipment. 8.04 COOPERATIVE shall have continuous access to the SmartZone Controller facility to repair problems with their connectivity systems. After hours access shall be provided through the emergency trouble reporting procedures established For the System. SECTION 9: Utilization of Countywide Common Talk Groups 9.01 The EMS Talk Groups were implemented specifically for emergency medical communications between the emergency providers and hospitals in and around Palm Beach County. The usage of the talk groups are defined below. 9.011 Scenario of Usage A field unit requesting communication with a hospital will request communication with a hospital through the Palm Beach County EMS Dispatch Center on the MED Control Talk Group. The EMS Dispatch Center will assign the unused MED Talk Group and request the field unit switch to the appropriate MED Talk Group. The EMS Dispatch Center will contact the hospital and perform a console patch between the Hospital Talk Group and the corresponding MED Talk Group uniting the field unit and the hospital. The units will commence communication with dispatch intervention. At the conclusion of the communication, the Dispatch Center will break the patch between the talk groups and return the MED Talk Group back to the pool for other users. South Hub Amend #2 Last Update: 7/3/02 17:35 Page 7 of 19 9.02 The Common T ,mmunication created to each agencies radios. Proper usage of the Common Talk Groups 9.02 l Scenario of usage: ;ting to coordinate a multi-jurisdictional operation or call for mutual a call On the Call Talk Group for the appropriate discipline (ie. Fire Rescue, or Local Government) to the dispatch center of the 9.022 1. 2. 3. 4. ; dispatch center assigns One of the Common Talk Groups to the and contacts its agency's unit(s) and request the user switch to the corresponding talk group. The participating units would communicate on the Common Talk Group(s) and operation, the talk-group is cleared of all radio traffic and pool for other agencies. Examples of approved usage for Common Talk Group are following: Working talk group for multiple agencies fighting a fire together. Coordination during a police chase through multiple jurisdictions. Coordination during disaster recovery. Coordination for a special event which requires participation of multiple agencies and disciplines. (i.e.. undercover operations, investigations, perimeter communications, fire ground coordination, etc.) 5. Coordination for scene security and establishment of landing zone for aircraft. In addition, the Common Talk Groups could be used by any agency experiencing catastrophic failures of their own communication,system for a predetermined amount of time. A request to utilize the Common Talk Groups for this situation requires permission of the System Ad~nistrator. Once approved by the System Administrator, the Common Talk Groups could be temporarily utilized until repair of the agency's communication system is complete. South Hub Amend #2 Last Update: 7/3/02 t7:35 Page 8 of 19 9.03 The Common Talk Groups shall not be used for every-day routine communications. 9.031 Examples of improper use are the following: As an extra talk group for agencies that have cross programming agreements and duplicate talk groups programmed into their radios. To provide an extra working talk-group for a single agency supporting a special event or operation. (i,e.. undercover operations, investigations, perimeter communications, fire ground coordination, etc.) As an additional dispatch, administrative, or car-to car talk-group for use by a single agency. SECTION 10: Frequencies The Parties agree that the frequencies held by Palm Beach County and the frequencies held by the COOPERATIVE shall be separate and shall be implemented and used at the sole discretion of the individual parties. SECTION 11: Liability The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions and negligence of the other party. Further, nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768,28, Florida Statutes. SECTION 12: Term of Agreement The term of this Agreement shall be for a period of five (5) years from execution. The Agreement may be renewed for a period of three (3) years upon written modification by all Parties. Should the Agreement not be renewed at any time in the future, the provisions ot the termination clause shall apply. SECTION 13: Amendments to this Agreement 13.01 This Agreement may be amended from time to time by written amendment by all Parties. 13.02 In the future, if the County enters into an agreement(s) with other municipalities which terms are more favorable than those contained in this Agreement, the County agrees to amend this agreement, by written amendmeni executed by the County Administrator or his designee, the Director of Facilities Development & Operations to match the more favorable. This provision does not apply to Sections 4 and 7 of this Agreement. South Hub Amend #2 Last Update: 7/3/02 17:35 Page 9 of 19 SECTION 14: Termination 14.01 The COUNTY can only terminate this Agreement as a: result of any default of the COOPERATIVE pursuant to this Agreement. 14.02 COLrNTY. All of the equip The COOPERATIVE may terminate the Agreement with 60 days notice to the ntroller, the shall remain part SECTION 15: Administration 15.01 The Palm Beach County Communications Divisions is charged wkh responsibility for administering the System. Within the Communications Division a position with the title of 800 MHz System Administrator will be the City's day to day contact and can be reached at 561-233-4417. The Communications Division is staffed from 0800 to 1700 hours Monday through Friday, excluding County holidays. After hours emergency contact can be made through the County's Fire Rescue Dispatch Center at 561-712-6550 and the appropriate contact will be made. 15.02 The administrative policies for the SmartZone Controller shall be established by the CRSSC. The COUNTY and the COOPERATIVE agree to abide by the policies so established. 1.5.03 The COOPERATIVE shall assign representative to attend the User Committee meetings for each of the law enforcement, fire rescue and public works disciplines for which the Cities have subscriber units programmed on the System. Participants at these meetings will discuss all system maintenance and administration issues. Non-critical problems or suggested changes shall be presented at the meetings. As agreed to by the user Committee members, issues discussed at the meetings shall be forwarded to the Network Administrator of the CRSSC for final approval. 15.04 The COOPERATIVE shall be responsible for adhering to the policies and procedures established for System use. Should the COOPERATIVE not follow the established procedures, there shall be three warnings before corrective action is taken. The CRSSC shall have the authority to direct the Network Administrator to implement modification to the network including disabling units or disabling access to the System. 15.05 The COOPERATIVE shall receive certain access codes to the Palm Beach County system and shall be responsible to safe guard the code information from release to unauthorized parties. Service staff directly employees by the Cities of the COOPERATIVE shall be considered authorized to receive access and programming codes for the maintenance of their agencies' radio equipment. Commercial service providers are not consic~ered authorized to receive access of programming codes for the COUNTY's System. Agencies that plan to use commercial services for their system or subscriber unit maintenance must include confidentiality requirements in their contracts with the commercial service providers acceptable to the Network Administrator before access or programming codes may be released to these companies. South Hub Amend #2 Last Update: 7/3/02 17:35 Page t0 of 19 15.06 Commercial maintenance service provld~rs are not considered authorized to receive access or programming codes for the County system, unless meeting the requirements of Section 15.061 and/or 15.062 below. If the City does not have employees capable of programming City radio equipment or prefers to have others program City-radio equipment, it may request that the Palm Beach County Sheriff's Office, Palm Beach County Fire Rescue or Palm Beach County Communications program City radio equipment under the terms of a separate agreement. I5.061 If the :City uses a commercial service provider to program City radio equipment at the time of execution of this Agreement and desires that the commercial service provider program the City radio equipment with the Common Talk Groups, the City must submit its existing contract with the commercial service provider to the for review. The review will focus on whether the contract and the commercial service provider are adequate to protect the County's radio system from mis-use, harm or release of access and programming codes to unauthorized persons. Notwithstanding the previous the County retains the right, in its sole opinion with or without n reason or cause, to approve the use of a commercial service provider. If approved, the System Administrator will release the access and programming codes to the commercial service provider. The City will be responsible for c the commercial service provider adheres to the terms of this pertaining to the proper use of the programming .codes and radio equipment use. If not approved, the City shall use either the palm Beach County Sheriff's Office, Palm Beach County Fire Rescue or Palm Beach County Communications Division to program City radio equipment withiCommon Talk Groups. 15.062 If the City intends on using a commercial service provider to program City radio equipment with the Common Talk Groups, the City shall submit the appropriate bid documents/contract to the System Administrator for approval prior to soliciting a bid or quote from the commercial service provider. The System Administrator will work with the City to develop the appropriate language for the contract which will allow for approval of the commercial service provider. NOtwithstanding the previous statement, the County retains the right, in its sole opinion with or without written reason or cause, to approve the use of a commercial service provider. If approved, th~ System Administrator will release the access and programming codes to the commercial service provider. The City will be responsible for ensuring that the commercial service provider adheres to the terms of this Agreement pertaining to the proper use of the programming codes and ;adio equipment use. If not approved, the City shall use ekher the Palm Beach County Sheriff's Office, Palm Beach County Fire Rescue or Palm Beach County Communications Division to program City radio equipment wkh Common Talk Groups. 15.07 The City is solely responsible for the performance and the operation of City equipment and any damages or liability resulting from the use thereof. Should the County identify malfunctioning City owned equipment, the County wilt~..r, equest the City to discontinue use of the specific device until repairs South Hub Amend #2 Last Update: 7/3/02 17:35 Page 11 of 19 are completed. The County may, at it's discretion, disable the equipment from the system after properly notifying the City in writing if the device is causing interference to the system. 15.08 In notify the System Administrator by equipment. 15.01will tistrator to disable the the serial fax to re 15.09 The COOPERATIVE shall have the capability to generate call activity reports, faulty : the infrastructure equipment, as well as subscriber units established on the COOPERATIVE. 15.10 shall have access through their SmartZone Manager Terminal to: for the SmartZone ContrOller as well as the infrastructure equipment for their individual~: communications systems. 15.11 and Section 15. The COOPERATIVE shall be responsible for including the requirements of Section 9 in any Agreement with another municipality or agency for or fire rescue services. SECTION 16: Annual Budget Appropriations The COUNTY'S and Cities' performance and obligation to pay pursuant to this Agreement are contingent upon annual appropriation for its purpose by the Board of County Commissioners and each individual City Council. SECTION 17: Notices Any notice given pursuant to the terms of this Agreement shall be in writing and done by Certified Mail, Return Receipt Requested. The effective date of such notice shall be the date of receipt, as evidenced by the Return Receipt. All notices shall be addressed to the following: As to .the COUNTY: Director, Facilities Development & Operations 3323 Belvedere Road, Building 503 West Palm Beach, Florida' 33406 With copy to: Director of Communications Division 3323 Belvedere Road, Building 506 West Palm Beach, Florida 334.06 South Hub Amend #2 Last Update: 7/3/02 17:35 Page 12 of [9 County Attorney's Office 301 North Olive Ave, Suite 601 West Palm Beach, Florida 33402 As to BOCA RATON: City Manager City of Boca Raton 201 W. Palmetto Park Rd. Boca Raton, F1 33432 With copy to: Chief of Police City of Boca Raton 100 NW Boca Raton Blvd Boca Raton, FI. 33432 As to DELRAY BEACH: City Manager City of Delray Beach 100 NW First Ave. Delray Beach, Fl. 33444 With copy to: Chief of Police City of Delray Beach 300 W. Atlantic Ave Delray Beach, FI. 33444 As to BOY'NTON BEACH: City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Fl. 33435 With copy to: Chief of Police City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FI. 33435 South Hub Amend #2 Last Update: 7/3/02 17:35 Page 13 of 19 SECTION 18: Applicable Law/Enforcement Costs This Agreement shall be governed by the laws of the State of Florida. In any litigation brought by a party, to this Agreement to enforce the-terms of this Agreement, each party shall bear its own costs and attorney's fees incurred in connection therewith. SECTION 19: Filing A copy of this Agreement shall be filed by Palm Beach County with the Clerk of the Circuit Court in and for Palm Beach County. SECTION 20: Delegation of Duty Nothing contained herein shall be deemed to authorize the delegation of the Constitutional or Statutory duties of any party. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. ATTEST: DOROTHY H. WILKEN, Clerk PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS BY: BY: Warren H. Newetl, Chair AS TO FORM AND LEGAL SUFFICIENCY AS TO TERMS AND CONDITIONS: BY: County Attorney BY: Dir. Facilities Dev & Ops South Hub Amend #2 Last Update: 7/3/02 17:35 Page 14 of 19 CITY OF BOCA RATON, Clerk CITY OF BOCA RATON, BY ITS CITY COMMISSIONERS BY: BY: Signature of Mayor BY: Printed Name of Mayor Legal Sufficiency: City Attorney South Hub Amend #2 Last Update: 7/3/02 17:35 Pagel5of 19 .CITY OF DEL1L~.Y BEACH, Clerk CITY OF DELRAY BEACH, BY ITS CITY COMMISSIONERS BY- BY: Signature of Mayor BY: Printed Name of Mayor Legal Sufficiency: City Attorney South Hub Amend #2 Last Update: 7/3~02 17:35 Page !6 of 19 CITY OF BOYNTON BEACH, Clerk CITY OF BOY'NTON BEACH, BY ITS CITY COMMISSIONERS BY: BY: Signature of Mayor Legal Sufficiency: BY: Printed Name of Mayor City Attorney 800MHz\south hub 2nd South Hub Amend #2 Last Update: 7/3/02 17:35 Page 17 of 19 Attachment A System Capacity Forecast Re-evaluation In order to implement Section 6 of the Agreement, the COUNTY agrees to the following. Two (2) years after final aeceptance of the System and complete migration of PBSO to the system and will entail the substitution of actual System determine System The System use assumptions used to determine the' original system capacity projections are identified as follows= System Build-out: 2013 Number of Voice Channels: 27 (See note below) Calculation Model: Erlang-C Standard Call - Seconds/Units: 3.778 seconds Loading: Call/Hour/Unit: 1.7036 call-seconds Working Channel Overhead: 0.5 seconds Maximum Acceptable Delay: 1 second Average Message: 4.278 seconds Offered Load: 14.3634 erlangs BaSic Grade of Service: 0.20 percent Delayed Call Grade of Service: 0.01 percent Percentage of Time each Channel in Use: 53.2% Agency Parameters: Law Enforcement Fire-Rescue/EMS Gen. Govern. Total Unit Quantity by 2013 3412 1405 2278 7095 Peak Erlang by 2013 6.91 2.84 4.61 14.36 Note: Implementation of two additional channels capable of countywide coverage is required to meet the operational minimums for the full 15 year system life cycle. To determine the availability of system capacity to support city-county talk groups, the above aSsumptions will be compare with actual use data and the assumptions will be adjusted accordingly for law enforcement. Using the adjusted p~rameters an Erlang-C study shall be performed to determine capacity usage. In the event that the re-evaluation indicates that overall law enforcement usage is less than that computed by the assumptions (including the projected growth in number of COUNTY law enforcement radios and the actual use for those projected radios), the COLDCTY will re-direct that law enforcement capacity difference to allow for certain talk groups to have the roaming feature activated. Municipalities proposing South Hub Amend #2 Last Update: 7/3/02 17:35 Page 18 of 19 roaming talk groups shall-provide Erlang study data to demonstrate the identified available capacity can support the call traffic from the proposed city-county talk groups. To ensure comparable Erlang study results, municipal studies shall be based on the same methods and calculation model as used for the County's study. The number of spedfic city-county talk group to use the roaming feature will be based on an evaluation of all city-county talk groups, capacity needs for each talk group, the capacity available, the number of radios with access to the talk group, the risk/stress involved in activities using each talk group, and any monitoring requirements. All cities in the County Will be able to participate in the identification of law enforcement city-county talk groups for consideration to go to System-wide roaming. The COOPERATIVE acknowledges that any capacity which may be re-assigned to enable city-county talk groups with the roaming feature is available to all cities in the County not only those in which the COOPERATIVE routinely participates. As the System has countywide coverage it will not be necessary for COUNTY users to activate a roaming feature. As a result, any costs associated with the re-programming of subscriber units and the SmartZone controller will be borne in its entirety by the entity proposing the city-county talk group. The re-assignment of any capacity initially forecasted to fire rescue and general government users, is at the sole discretion of the COUNTY. h:southubagr South Hub Amend #2 Last Update: 7/3/02 17:35 Page 19 of 19 Requested City Commission Meeting Dates [] August 6, 2002 [] August20, 2002 [] September 3, 2002 [] September 17, 2002 VII.-CONSENT AGENDA ITEM C.7 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3; 2002 (8:00 a.m.) Requested City Commission Meeting Dams [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19,2002 Date Final Form Must be Turned in to City Clerk's Office September I6, 2002 (Noon) Sopteanber 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM RECOMMENDATION: [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report Motion to authorize the Mayor to sign two economic incentive agreements with Robe ~r~.' a~;.~ the Shipwreck Restaurant and for Booker T's Restaurant. ~ ~,~ EXPLANATION: ~ Ordinance 96-06 authorizes the City Commission, on recommendation from the City Manager to grant economic incentives to qualified applicants who are engaged in business in the Community Redevelopment Area (CRA). Bob Katz applied to the City Manager for economic assistance for two of his restaurants, The Shipwreck (Ocean Avenue) and Booker T's (Martin Luther King Boulevard). His request was for the City to make the payment of his capital facilities charge obligation. The attached two agreements authorize the payment of the "cap fees" on his behalf. PROGRAM IMPACT: While the Booker T's facility is already operational and Mr. Katz has already paid 65% of his obligation, this agreement will act more as a reimbursement, rather than an incentive. The Shipwreck project is not underway yet, so that agreement will act more as an incentive. FISCAL IMPACT: Funds are available in the Utilities Department economic incentive line item account to cover these payments. S:~BULLETIN~FORMS~a, GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Not to offer the economic incentives to Mr. Katz, or to offer them in some lesser amount. Department Head s S(~nature Economic Develop mentJUtilities Department Name Ciby ]vla~ager s Sigfl:/~xe City Attorney 7 Finance / Human Resources S:XBULLET1N~ORMS~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY . CLERK TO EXECUTE TWO ECONOMIC INCENTIVE AGREEMENTS BETWEEN THE CITY OF BOYNTON BEACH AND ROBERT KATZ FOR (1) THE SHIPWRECK RESTAURANT AND (2) BOOKER T'S RESTAURANt; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance 096-06, the City Commission is authorized to grant economic incentives to qualified applicants Community Redevelopment Area (CRA); and WHEREAS, Robert Katz made application to engaged in business in the the City, through the City Manager, for economic assistance for two restaurants, The Shipwreck Restaurant and Booker T's Restaurant; and WHEREAS, two separate agreements have been prepared, copies of which are attached hereto as Exhibits "A" and "B", setting forth the terms and obligations of the parties, which Agreements will be recorded in the Public Records of Palm Beach County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Th.e foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereofi Section 2. hereby authorize and direct the The City Commission of the City of Boynton Beach, Florida does Mayor and City Clerk to execute two Economic S:\CA\RESOXAgreements\Katz incentive Agreeements 080802.doc Incentives Agreements, one for "The Shipwreck" and one for "Booker T's Restaurant", copies of which are attached hereto as Exhibit "A" and Exhibit "B". Section 3. That following execution of the Agreements, they will be forwarded for' recording in the Public Records of Palm Beach County, Florida. PASSED AND ADOPTED this day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) S:,,CA\RESO~,greements\Katz Incentive Agreeements 080802.doc ECONOMIC INCENTIVES AGREEMENT "THE SHIPWRECK" This Agreement is entered into between the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation ( hereinafter "City") and ROBERT KATZ (hereinafter "Katz"). Whereas, City of Boynton Beach Ordinance 096-46 authorizes the City Commission, on recommendation from the City Manager to grant economic incentives to qualified applicants who are engaged in business in the Community Redevelopment Area or who are locating a new place of business within the Community Redevelopment Area; and Whereas, Katz is a qualified applicant for economic incentives who is locating a new restaurant businesses in the Community Redevelopment Area; and Whereas, the projects proposed by Katz are subject to capital facilities charges as set forth in Sec. 26-34 of the Code of Ordinances. The City's capital facilities charge (this type of charge is also commonly known as System Development Charges, Capital Recovery Fees, Extension Fees or Availability Fees in other jurisdictions) is used, to provide funds to f'mance ali or part of capital improvements necessary to serve new customers and are raised outside of capital received from general water/sewer-use rates. These fees are established as one- time charges assessed against developers or new water or sewer customers to recover all or part of the cost of additional system capacity constructed for their use; and Whereas, Katz has requested that the City grant him economic incentives in the form of relief from the payment of the City's capital facilities charges, which cannot be waived, but may be paid by the City as a form of economic incentive; and Whereas, the City Manager has accepted the application of Katz for economic incentives and has made a recommendation to the City Commission that Katz be granted incentives in the form of relief from the payment of $30,344.72 for water and sewer capital facilities charges; and C:\windows\TEMPLKatz Incentives Shipwreck.doc Whereas, the city Commission has approved the recommendation of the City Manager, conditioned on the execution of this Agreement. Now therefore, in consideration of the mutual covenants expressed herein, the parties agree as follows: 1. The representation contained in the foregoing "Whereas" clauses are tree and correct. Katz will construct and operate the following business in the Community Redevelopment Area as follows: The SHIPWRECK RESTAURANT, a 196 seat dining establishment restaurant located at 502 East Ocean Avenue. The legal descriptions ofthe property is set forth on Exhibit "A". 2. The City will pay on behalf of Katz $30,344.72 ($154.82 per seat) for the water and sewer capital facilities charges (economic incentives) for Katz's project as follows, subject to a per seat adjustment (plus or minus $154.82 per seat) when the certificate of occupancy is issued. The City's payment of the water and sewer capacity charges shall be made at such time as required as a condition of permitting.by the City Code. 3. This Agreement has the effect of relieving Katz or his assignees of the direct obligation to pay water and sewer capital .facilities charges as a condition of commencing the business listed above, conditioned on the operation of the business described in this agreement for thirty-six (36) months in the sixty (60) months following execution of this agreement. For each month the business operates in compliance with City Codes (including, but not limited to codes requiring property maintenance and appearance), Katz shall be released from one thirty-sixth (1/36) of the water and sewer capital facilities charge accessible against the business. C:\windows\TEMP'd(.alz Incentives Shipwreck.do~ 4. In the event the' business operating the property is not operational for thirty-six (36) months in the sixty (60) month period following execution of this agreement, the business operation, or successor business operations, will be subject to payment of the remaining portion of water and sewer capital facilities charges as set forth in paragraph 3 above, less accounts released for months of operation of the business as set forth in paragraph 4 above. 5. Upon execution of this Agreement the CITY will record this agreement in the Public Records of Palm Beach County, Florida. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals this __ day of ,2002. CITY OF BOYNTON BEACH Witness Print Name Witness Print Name Witness Print Name Witness Print Name Gerald Broening, Mayor Dated: C:\windows\TEMP~(~atz Incentives Shipwreck.doc EXHIBIT "A" LEGAL DESCRIPTION BOYNTON SHIPWRECK, INC. Town of Boynton, lot 7/less east 13.50 feet of north 75.88 feet and north 8 feet of west 36.50 feet of Block 7. PCN: 08 43 45 28 03 007 0071 ECONOMIC INCENTIVES AGREEMENT "BOOKER T'S RESTAURANT" This Agreement is entered into between the CITY OF BOYNTON BEACH, FLOR[DA, a Florida municipal corporation ( hereinafter "City") and ROBERT KATZ (hereinafter "Katz"). Whereas, City of Boynton Beach Ordinance 096-46 authorizes the City Co mmission, on recommendation from the City Manager to grant economic incentives to qualified applicants who are engaged in business in the Community Redevelopment Area or who are locating a new place of business within the Community Redevelopment Area; and Whereas, Katz is a qualified applicant for economic incentives who is locating a new restaurant businesses in the Community Redevelopmem Area; and Whereas, the projects proposed by Katz are subject to capital facilities charges as set forth in Sec. 26-34 of the Code of Ordinances. The City's capital facilities charge (this type of charge is also commonly known as System Development Charges, Capital Recovery Fees, Extension Fees or Availability Fees in other jurisdictions) is used, to provide funds to finance all or part of capital improvements necessary to serve new customers and are raised outside of capital received from general water/sewer-use rates. These fees are established as one- time charges assessed against developers or new water or sewer customers to recover all or part of the cost of additional system capacity constructed for their use; and Whereas, Katz has requested that the City grant him economic incentives in the form of relief from the paymem of the City's capital facilities charges, which cannot be waived, but may be paid by the City as a form of economic incentive; and Whereas, the City Manager has accepted the application of Katz for economic incentives and has made a recommendation to the City Commission that Katz be granted incentives in the form of relief from the payment of $8,669.75 for water and sewer capital facilities charges; and C:\windows\TEMPXKatz Incentives Booker T's.doc Whereas, the City Commission has approved the recommendation of the City Manager, conditioned on the execution of this Agreement. Now therefore, in consideration of the mutual covenants expressed herein, the parties agree as follows: 1. The representation contained in the foregoing "Whereas" clauses are true and correct. Katz will construct and operate the following business in the Community Redevelopment Area as follows: BOOKER T'S RESTAURANT, a 86 seat dining establishment restaurant located at 119 Martin Luther King Boulevard. The legal descriptions of the property is set forth on Exhibit "A". 2. The City will reimburse or pay~ on behalf of Katz $8,669.75 for the water and sewer capital facilities charges (economic incentives) for Katz's project within thirty (30) days of approval of this agreement by the City Commission). 3. This Agreement has the effect of relieving Katz or his assignees of the direct obligation to pay water and sewer capital facilities charges as a condition of commencing the business listed above, conditioned on the operation of the business described in this agreement for thirty-six (36) months in the sixty (60). months following execution of this agreement. For each momh the business operates in compliance with City Codes (including, but not limited to codes requiring property maintenance and appearance), Katz shall be released from one thirty-sixth (1/36) of the water and sewer capital facilities charge accessible against the business. 1 Kal-'/has heretofore paid $5,573.41 to the City for water and sewer capital facilities charges for 56 new seats at the location. This agreement provides for reimbursement of that payment. C:\windows\TEMPW. atz Incentives Booker T's.doc 4. In the event the'business operating the property is not operational for thirty-six (36) months in the sixty (60) month period following execution of this agreement, the business operation, or successor business operations, will be subject to payment of the remaining portion of water and sewer capital facilities charges as set forth in paragraph 3 above, less accounts released for months of operation of the business as set forth in paragraph 4 above. 5. Upon execution of this Agreement the CITY Mil record this agreemem in the Public Records of Palm Beach County, Florida. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals this day of ., 2002. CITY OF BOYNTON BEACH Witness Print Name Witness Print Name Witness Print Name Witness Print Name Gerald Broening, Mayor Dated: C:\windows\TEMPkKatz Incentives Booker T's. doc EXHIBIT LEGAL DiESCRI PTION BOOKER T'S RESTAURANT Frank Weber addition, lots 6 and 7 less south 10 feet road right of way, Block 1. PCN: 08 43 45 21 25 001 0060 Requested City Commission Meetin~ Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VTI*.-CONSENT AGENDA I'TEM C.8 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST Date Final Form Must be Turned in tO City Clerk's Office July 17. 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meetina Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned tn to CiW Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14. 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to ratify a Memorandum of Understanding between the City of Boynton Beach and the Palm Beach County Police Benevolent Association. EXPLANATION: The City's negotiating team in conjunction with Union representatives have brought forward this Memorandum of Understanding to clarify and modify the provisions of the current Collective Bargaining Agreement as they relate to Article 12, Section 3 Shift Assignment Pay, and Article 14, Section 3 Call-Back, respectively. The revision in Article 12, Section 3 clarifies when the payment of Shift Assignment Pay is activated and Article 14, Section 3 is revised language setting forth thc procedure for filling shift vacancies. This Memorandum has been ratified by the Union. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A Dep .ar~nt-Head's Signature ALTERNATIVES: This MOU has been ratified by the union and is merely a clarification of terms already incorporated in the Collective Bargaining Agr~rnm~t. The only alternative is to leave language as is until renewal term in 2004. City Manager's Signature City Attorney Department Name City Attom~/[ ~u~nce / Human Resources S:~BULLETIN~ORMSLAGENDA ITEM REQUEST FORM.DOC RESOLUTION R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ' BOYNTON BEACH, FLORIDA, CITY CLERK TO EXECUTE A (PBA); THE CITY OF PALM BEACH WHEREAS, the City of Boynton Beach and the Palm Beach County Police Benevolent Association (PBA) have previously entered into a Collective Bargaining Agreement; and WHEREAS, the City and the PBA have agreed that a discrepancy was identified in Article 12 and 14, and that clarification of these Articles was necessary; and WHEREAS, the City and the PBA have amicably worked together to amend the language in Article 12 and 14, to correctly reflect the agreement between the parties; NOW, TltEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TEIE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize " and direct the Mayor and City Clerk to execute a Memorandum of Understanding between the City of Boynton Beach and the PBA, a copy of which is attached hereto and made a part of the current Collective Bargaining Agreement Section 2. This Resolution will become effective immediately upon $.~A'~~CBA [~ltificat~o~'dviOU - DBA Artie.~ 12 and passage. PASSED AND ADOPTED this __ day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) Commissioner MEMORANDUM OF UNDERSTANDING The CITY OF BOYNTON BEACH~ FLORIDA (the "City") and the PALM BEACH COUNTY POLICE [ATION (the "PBA") enter into this Memorandum and modify the provisions of the current Collective Bargaining Agreement between the parties and agree as follows: The CITY and the PBA ~ atta¢ B. Article 12 and Article 14 as shown on the The Memorandum of Understanding shall become effective as of the date it is ratified by both the City COmmission and PBA and shall be effective for the remainder of the term of Collective Bargaining Agreement. All other terms of the Collective Bargaining Agreement for the period of October 1, 2001 to September 30, 2004, ~are binding except where expressly modified herein or hereinafter by the CITY and the PBA. ATTEST: CITY OF BOYNTON BEACH, FLORIDA City Clerk Approved as to Form: Kurt Bressner, City Manager James A. Cherof, City Attorney ATTEST: PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION Suzanna M. Scarborough, PBA Attorney Ernest W. George, President Date ratified by CITY Date ratified by PBA ,2002 ,2002 C:XDocumcnts and Settings\larnannarXLocal Settings\Temporary [ntcrnet Fites\OLKBOXBoymon-MOU.doc EXHIBIT "A, ARTICLE 12 WAGES Section 1. Base Wage Adjustments BARGAINING UNIT MEMBERS HIRED PRIOR TO 10/1/00 Year One (October 1,200t- September 30, 2002): The City has transitioned to a performance based compensation system. The procedures for conducting annual Performance evaluations for all police department personnel is set forth in the Police Department Written Directives, Index Code 700. Effective the fu'st pay period following October 1, 2001, each bargaining trait member hired prior to 10/1/00 will have his/her base wage adjusted to the amount shown by their name in Column 9of Exhibit "A" if the employee has received a score of 2.91 or higher on their most recent performance evaluation. A member who receives an evaluation score of less than 2.91 shall have a counseling session with supervisory personnel and be provided with performance goals. The member will be re-evaluated ninety (90) days following the counseling session. If a 2.91 or higher evaluation score is received, the member will receive a wage adjustment to the amount shown bY their name in column 9 of Exhibit "A" effective the first pay period following the re-evaluation. A member who does not achieve a score of 2.91 rating on re- evaluation, is subject to a non-disciplinary performance based termination. Year Two (October 1, 2002- September 30, 2003): Effective the first pay period following October 1, 2002, each bargaining unit member hired on or before 10/1/00 will have their base wage adjusted by adding to their base salary a percentage of the amount shown in Column 8 on Exhibit "A", based on their most recent performance evaluation as follows: Outstanding Exceeds Expectations Meets Expectations Below "Meets Expectations" 100% 90% 80% 0%, subject to 90 day re-evaluation rule stated above. C:~Documents and Settings\lamannarLLocal Settings\Temporary Interact Files\OLKB0X. Boynton;MOU-doe Year Three (October 1, 2003- September 30, 2004): Effective the first pay period following October 1, 2003, each bargaining umt member hired on or after 10/1/00 will have their base wage adjusted by adding to their base salary a percentage of the amount shown in Column 8 based on their most recent performance evaluation as follows: Outstanding Exceeds Expectations Meets Expectations Below "Meets Expectations" 100% 90% 80% 0%, subject to 90 day re-evaluation rule stated above. BARGAINING UNIT MEMBERS HIRED ON OR AFTER 10/1/00 Bargaining unit employees hired on or after 10/1/00 shall not progress in base pay in the same manner as bargaining unit members hired prior to 10/1/00. Bargaining unit employees hired on or after 10/1/00 shall adv~ce in base pay through the progressions as follows, provided the member recetves a performance evaluation of "Meets Expectations" or better: PROGRESSION ' PROGRESSION PROGRESSION PROGRESSION $34,000 $35,530 $37,129 $38,800 A member hired on or after 10/1/00 with a baSe salary of less than $34,000 will move to $34,000 effective 10/1/01. A member hired on or after 10/1/00 with a base salary of more than $34,000 will move to $35,530 on 10/1/01. On 10/1/02 and 10/1/03 members will move up one progression from their 10/1/01 base pay. Section 2. STARTING AND TOP OUT PAY The starting salary for a new hire police officer during the term of agreement is as follows: 10/1/01-9/30/02 $34,000 10/1/02-9/30/03 $35,190 1011103-9130/04 $36,422 New hires will thereafter progress in base salary following the progressions stated above. Example: an employee hired on 12/1/01 will be hired at $34,000, will receive an increase on 10/1/02 to $35,530, on 10/1/03 to $37,129, and thereafter as subsequently negotiated by the parties. C:kDocurr~nts and Settings\lamannarkLocal Settings\Temporary [nternet Files\OLKBOXBoy,aton-MOU.do~ The top out pay (maximum base annual salary) for police officers during the term of this agreement is as follows: 10/1/01-9/30/02 $53,529 I10/1/02-9/30/03 $55,9OO 10/1/03-9/30/04 $59,000 No member shall receive an adjustment to. base salary in excess of top out pay. Payment over base shall be lump sum and may be treated as wages for pension calculation purposes when approved by the Pension Board. Section 3. Shift Assignment Pay Each member assigned to the 11 V2 hour shift, who works that shift, will be paid an additional 8.5% of base for all hours worked except those hours for which the member is paid premium pay. Section 4. Special Assignments Pay. A. Traffic Division: Members assigned to the Traffic Division who are required to ride a motorcycle shall be compensated an additional 5% for hazardous duty during said assignment. B. Vice Members: Those members who are assigned to vice shall be compensated an additional 5% for hazardous duty during said assignment. C. Investigators: Those members who are assigned to the position of investigator shall be compensated an additional 5% during said assignment. D. SRT (Special Response Team): Those members who have successfully completed testing and are selected as a member of the Police Department SRT Team, shall be compensated an additional 10% for hazardous duty when said Team is actually called to duty. E. K-9 Unit. Members assigned to the K-9 Unit will receive one (1) hour of overtime for K-9 care, equipment maintenance and vehicle cleaning for each RDO, vacation day where the dog is not kenneled or otherwise boarded. K-9 officers will be allowed one (l) hour of duty time per work day to tend to K-9 care, equipment maintenance and vehicle .clearfing. Members on vacation will be credited one hour per day for K-9 care, equipment maintenance and vehicle cleaning. F. Officers, while assigned as Field Training Officers and who have completed successfully the required 40-hour training shall be compensated an additional five (5%) during the assignment. G. Directed Patrol Unit (DPU). Those members who are assigned to the Directed Patrol Unit shall recmve an additional five (5%) during the assignment. C:~Documents and SettingsXlamarmarXl.ocal Settings\Temporary Internet FilesXOLKB0XBoymon-MOU.doc EXHIBIT "B' ARTICLE 14 ADDITIONAL MONETARY BENEFITS Section 1. Members of the Bargaining Unit shall have the option of accumulating a maximum of eighty (80) hours, per fiscal year, of at time and one half. A bargaining unit member who is promoted to a unit, or time acc g needs of the Department. Section 2. Special Detail Assignment All Bargaining Unit M6mbers aSsigned to cover special details may report directly to their assignment without prior checking in or out at the police station, but must advise a supervisor personally or by radio. The officer assigned to special detail shall comply with all current department policies and procedures in effect. Section 3. Filling Vacancies A. Vacancies on shift platoons shall be filled as follows: Vacancies will be filled by members who are on the off-going shift platoon, by seniority. A member who fills a shift vacancy in this manner shall be paid premium pay for each hour worked. Premium pay will be calculated by multiplying the members' base hourly rate times one and one-half (1 ½). The filling of vacancies pursuant to this subsection is not considered callback. B. Call back is defmed as any time an officer is called into work when he/she is off duty, and when the work time is not :contiguous with his/her assigned shin. In the event of call back the employee shall be compensated for the actUal time worked, but not less than three (3) hours at the rate of pay one and one-half (I 1/2) times his basic hourly rate reflected in the pay schedule in Appendix A. When an officer is called for call back he/she will be guaranteed a minimum of three (3) hours at time and one-half and at his/her supervisor'S discretion the officer may be required to work the entire three hours or longer. When an officer is called for call back his/her supervisor will indicate as to whether or not he/she C:XDocuments and Settings\lamannar\Local Settings\Temporary hatemet Files\OLKB0~Boynton-MOU.doc should arrive in uniform or in plain clothes, if the option is available. C. Call back to fill vacancies shall be handled as follows: Step 1 Vacancies filled'by members from another platoon that works the same shift but is regular day off. Step 2 Vacancies filled by members fi:om another platoon that works the opposite shift(e.g, vacancy on A. 1 is 'offered. to B.4~ 5, 6). Variance to Step 2-the first day back on the shift will make the opposite shifts ineligible to work. This occurs on Monday, Wednesday and Friday. Step 3 Vacancies will be offered to Detectives and other non-road patrol members, by seniority. Step 4 To a member by reverse seniority. D. The 16 hour maximum hours worked rule applies to all call-back. Section 4. Court Time A. Court time will be paid at time and one-half when the offiCer is not on his regular assignment. An officer on court time will be compensated a minimum of three (3) hours at time and one-half. B. An employee who has been instructed to remain on standby for court appearance purposes during the employee's off-duty hours shall be paid one-half the straight time hourly rate for each hour on standby up to a maximum of eight (8) hours of standby duty in any one day. A minimum payment of one (1) hour straight time shall be paid for all standby assignments. When an employee is required to stand by for eight (8) hours, the employee shall receive four (4) hours plus one (1) additional hour at straight time. If an officer does go to court he will be paid for the court time indicated in Section A and not receive standby time pay. C. Bargaining unit members may report directly to court without prior check in at the police station. Members are still required to document their attendance at the court house and submit documentation to the Department. Section 5. On Call Any bargaining trait member who is on an "on-call" (on-pager) basis other than court time as outlined in Article 14, Section 4 shall receive compensation of one hour of pay at time and one half for each day (24 hour period) on call. No member will be placed "on-call" without the approval of a division commander, Bureau commander, or designated representative. C:\Documents and Settings\lamannar~.x~cal Settings\Temporary Interact Files\OLKB0~Boynton-MOU.do~ Section 6. Schedule follow the: proper protocol. If the officer is sick and cannot meet his/her obligation to work the they are permitted to find any officer sick of Section 7. Shift Changes - Employer An officer will be given adequate advance notice as determined by the Chief of any change in his/her regular hours of work except when an emergency exists. Notice given less than forty-eight (48) hours before any changed schedule (assignment days or days off) is to take effect, entitles the officer to receive compensation at the rate of one and one-half (1.5) times his/her regular salary for the first day of his/her tour of duty. Section 8.. The City agrees that any member required to be out of Palm Beach County to attend court, seminars, or for any other reason as a result of his/her duties as a police officer, except if the officer is exclusively the plaintiff in a personal civil action, will be paid his/her regular rate of pay for each day or partial day required for said purposes. There will be no regular or overtime compensation. C:XDocuments and Settings\lamannar~Local Settings\Temporary Internet FilesXOLKB0~Boynton-MOU.doc VTI'.-CONSENT AGENDA 'rTEM C.9 CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FORM Requested City Commission Meeting Date,4 [] August 6, 2002 [] August 20, 2002 [] September 3. 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19. 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19.2002 Date Final Form Must be Turned in to City Clerk's Office September 16. 2002 (Noon) September 30, 2002 (Noon) October 14. 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve full release of surety, and refund of cash bond in the amount of $13,954.42, for the project known as Lowe's. EXPLANATION: The amount being released represents the warranty surety for satisfactory performance of the water and sanitary sewer systems serving this project during its first year of operation. This Department has completed its final inspection, and verified that all portions of the water and sewer systems are operating satisfactorily. The surety may therefore be released. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. The City's Code allows for a one-year warranty pe. riod. ' De~'artment Head s Signature City Manager's Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Peter Mazzella (w/attachments) Barbara Conboy " Mary Munro, Finance Dept. File " S:\BULLETIN~ORMSLAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF THE CASH SURETY IN THE AMOUNT OF $13,954.42 FOR THE PROJECT KNOWN AS LOWE'S OF BOYNTON SANITARY SEWER SYSTEMS; AN EFFECTIVE DATE. WHEREAS, Lowe's of Boynton Beach provided cash surety in the amount of $13,954.42 as surety for the water and sanitary sewer systems; and WHEREAS, the Utility Department has completed its final inspection and verified that all portions of the water and sewer systems are operating satisfactorily. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, hereby approves the release of the cash surety in the mount of $13,954.42 to Lowes of Boynton Beach. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk s:ca'~Reso\Letter of Credit/Cash Surety Release -I_owes -Water & Sewer DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 13,954.42 To: Lowe' P.O. Box 1111 North Wilkesboro, North Carolina 28656 For: Full release of surety and refund of cash bond for the project known as Lowe's. II Requested by Peter V. Mazzella, Assistant to the Director DateAugust 2, 2002 Approvals: Dept. Head Finance Dept. City Manager 401 0000 220 99 00 13,954.42 $13,954.42 VI'I.-CONSENT AGENDA WEM C.1-0 CITY OF BOYNTON BEACIq AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3. 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17. 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15. 2002 [] November 6, 2002 [] November 19. 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14. 2002 (Noon) November 5.2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve by Resolution, the recommendation of South Central Regional Wastewater Treatment and Disposal Board to fund Hazen & Sawyer's Task Order in the amount of $48,000 to be divided equally between The City of Boynton Beach and City of Delray Beach, $24,000 each, for consulting services to prepare a Federal Funding Request Package and to assist the board in monitoring the funding pursuit. EXPLANATION: The consultant, Hazen & Sawyer, will prepare and pursue federal funding for expansion of the wastewater reuse program to expand the process from 10 mgd to 24 mgd. The potential funding source could improve the feasibility of the program. The South Central Regional Wastewater Treatment and Disposal Board considered this item and approved it at the Quarterly meeting of July 18, 2002 and requests that each City do the same by Resolution. PROGRAM IMPACT: Federal funding assistance could allow the wastewater reuse program to expand thus providing a considerable reduction in water withdrawals for irrigation purposes. FISCAL IMPACT: Funds, $24,000.00, are available in 403-5000-590-96-05, REG027. SSBULLETIN~FORMSL~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH ALTERNATIVES: Proceed with the wastewater reuse expansion without possible federal funding assistance. l~epartment Head's ~ignature Utilities Department Name C~ty Manager s S~gna e City Attorney / Finance / Human Resources Cc: Mark Law Barb Conboy S:x~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE ACTION TAKEN BY THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ON JULY 18, 2002, AS SET FORTH IN EXHIBIT 'A" ATTACHED HERETO; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO E~CUTE SAID RATIHCATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of July 18, 2002, as set forth in the attached Exhibit "A"; 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 ratify the action taken by the South Central Regional Wastewater Treatment & Disposal Board on July 18, 2002, as set forth in the attached Exhibit "A". Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk ~ ca'xR~o~SCRW'TD - 071802 EXHmrr "^". Authorization to fund Hazen & Sawyer's Preliminary Design Report Task Order for consulting serviCes to expand the SCRWT&DB's wastewater reuse program to expand the process from 10 mgd to 24 mgd. The $48,000 fees will be divided equally from Boynton and Delray Beach's Utility Department Funds in the amoUnt of $24,000. ROBERT J. HAGEL Executive Director SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 Telephone (561) 272-7061 (561) 734-2577 Fax: (561) 265-2357 E-maih scrww~p@ix.netcom.com MEMORANDUM TO: FROM: DATE: RE: John Guidry, Utility D~ctor, City 9~Boynton Beach Dick Hasko, D~_~_~~/~each Environmental Services Robert Hagel ~ ~ July 19, 2002 RF3OLUTION On July 18, 2002 the Board, by a vote of 7-0, authorized Hazen & Sawyer's Task Order for consulting services as listed below: AUTHORIZATION TO FUND HAZEN & SAWYER'S TASK ORDER FOR CONSULTING SERVICES NEEDED TO PREPARE A FEDERAL FUNDING REQUEST PACKAGE AND TO ASSIST THE BOARD IN MONITORING FUNDING PURSUIT. THE $48,000. WILL BE DIVIDED EQUALLY FROM BOYNTON AND DELRAY BEACH UTILITIES DEPARTMENT FUNDS IN THE AMOUNT OF $24,000. WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of July 18, 2002 as set forth in the attached Exhibit "A". Therefore, we are asking for a Resolution from both Cities to approve their task order. Would you please see that this is placed your City's next Agenda for approval. ' JUL 22 2002 Exhibit "A" ...... AUTHORIZATION TO FUND HA,ZEN & SAWYER'S TASK ORDER FOR CONSULTING SERVICES NEEDED PREPARE A FEDERAL FUNDING MONITORING FUNDING PURSUIT. THE AMOUNT OF $24,000. 0?/23/2002 11:26 561265235? SOUTH CENTRAL WWTP P~GE 01 ROB]~RT J. HAGEL SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 Nar~ Congress Avenue * Delray Beach, Florida 8'3445 Teleph~u~ (861) 272-7061 (581) 734~2577 Fax: (~61) 265-2867 E-mail: ~_~X TRANSMI~AL TO: DATE: . AT FAX NUMBER: PAGES TRANSMI"CFED: ~._ (including transmi~al sheet) 'OTHER REMARKS; IF ALL PAGES ARE NOT RECEIVED, PLEASE CALL: (561) 272-7061. FAX NUMBER: 561/265-2357 Agenda # 1 (5) 5. FROM IN :THE AMOUNT OF $24,000. Mr, Hagel explained that on the authorization to fund Hazen & Sawyer's Task Order for consulting ,services needed to prepare a federal funding requ~t package, it was recommended to hire a consultant for funding. Chairman Lcvison indicated that Mr. Roecker had made a presentation about six months ago, as a consultant to assist the board in Mnding pursuits. Mr. Hag¢l went on to say that the Board does not have the funds for this consultant, therefore, we are asking that this amoum be divided equally from both Cities in the amount of $24,000. MOTION FOR AUTHORIZATION TO FUND HAZEN & SAWYER'S TASK ORDER FOR CONSULTING SERVICES NEEDED TO pREPARE A FEDERAL FUNDING REi2UEST PACKAGE AND TO ASSIST THE BOARD IN MONITORING FUNDING PURSUIT. THE $~8,000. WILL BE DIVIDED E(2U/ILLY FROM BOYNTON AND Dt~LRAY BEACH UTILITIES DEPARTMENT FUNDS IN THE AMOUNT OF $2,4,000. so mo~,ed by Commissioner McCray and seconded by Commissioner McCarthy. Motion carried 7-0. VII. - CONSENT AGENDA ITEM C.11 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to CiW Clerk's Office Meeting Dates [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October I, 2002 [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Staff recommends adoption of a Resolution authorizing and execution of the Seventh Amendment to the Tower Site Lease and Joint Use Agreement between the City Of Boynton Beach, AT& T Wireless Services and Palm Beach County. EXPLANATION: As a result of changes and improvements in technology AT & T Wireless has modified its communications facility located at 551 NW 15 Avenue, Boynton Beach, Fl. In order to safely facilitate the addition of three (3) antennas and six (6) new transmission lines it is necessary to amend the Antenna Tower Schematics Exhibit and the Frequency List Exhibit of the Tower Site Lease. The Seventh Amendment to the Tower Site lease and Joint use Agreement is between AT&T, Palm Beach County and the City Of Boynton Beach. PBC has reviewed, approved and signed the Amendment. PROGRAM'IMPACT: No program impact. FISCAL IMPACT: No fiscal impact. ALTERNATIVES: Not to granttauthor.~?ion an/t risk/~}eing in violafiojf thf~griginal agreement. / Dep~-t~nt Head'~/Sig~r] -' 'n -- City Manager'~Signature ~ ~ Cit~ Attom~r~l~mce ' H~n Reso~c S:~BULLETINLFORMSX~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 02- A RESOLUTION OF THE OF THE CITY AUTHORIZING AND DIREC'fING THE MAYOR AND CITY CLERK TO EXECUTE THE SEVENTH AMENDMENT TO THE TOWER SITE LEASE AND WIRELESS AND COMMUNICATIONS DATE. PALM COUNTY WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to execute a Seventh Amendment to the Tower Site Lease and Joint Use Agreement with AT&T Wireless and Palm Beach County Communications; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section I. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute the Seventh Amendment to the Tower Site Lease and Joint Use Agreement with AT&T Wireless and Palm Beach County Communications, attached hereto as Exhibit "A". PASSED AND ADOPTED this day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: City Clerk s:c. ah~.~o~gr~AT&T Towe~ Site-7 afar080902 Commissioner July 22, 2002 City Of Boynton Beach City Managers Office 100 East Boynton Beach Blvd Boynton Beach, Florida 33425 RE: AT&T Wireless "AWS" Lease Amendment %. 2wl'retess SoLutions Linda Socolow AT&T Wireless Consultant 16220 SW 53r~ SU'eet Fort Lauderdale, FL 33331 Tel: (954) 868-1805 Fax: (954) 680-2974 linda, socolow@attnet As a result of changes and improvements in technology A, WS has modified its communication facility located at 551 NW 15th Avenue, Boynton Beach, FL 33435. In order to safely facilitate the addition of three (3) antennas and six (6) new transmission lines it is necessary to amend the Antenna Tower Schematics Exhibit and the Frequency List Exhibit of the Tower Site Lease. This Seventh Amendment to Tower Site Lease and Joint Use Agreement is between AWS, Palm Beach County "PBC" and The City of Boynton Beach. PBC has reviewed, approved and signed the Amendment. The Amendment requires the signature of Boynton Beach. Please place the Amendment on the agenda for approval and signature. Enclosed are four (4) copies of the Seventh Amendment for signature. The Amendment includes Exhibits 'T' (Frequency List) and "G' (Antenna Tower Schematics). If you have any questions do not hesitate to contact me at the above address and number. If you need information from PBC please call Rot>err Laventure, PBC Communications Engineer, at 561-233-4423. Thank you, Linda Socolow R 2002-- 0766 ORIGINAL S$¥ElWl~ ~M~Pfl~'I~~l~ SITE, LEASE AND JOINT USE AGREEMENT between CITY OF BOYNTON BEACH, AT&T WIRELESS SERVICES OF FLORID,A, INC. and PALM BEACH COUNTY, FLORIDA Exhibits: Exhibit "I' - Frequency List Exhibit "G' - Antenna Tower Schematics G'\PRI'*.I~\Af~FNI)A'~20(12\A'I'&T II~),nlon r~each 7th An,,end.wlxl SEVENTH AMENDMENT TO TOWER SITE LEASE AND JOINT USE AGREEMENT THIS SEVENTH AMENDMENT TO TOWER SITE LEASE AND JOINT USE AGREEMENT(R-99-31 l-D), is made and entered into this day of 2002, by and between The City of Boynton Beach, Florida, a municipal corporation ("CITY"), AT&T Wireless Services of Florida, Inc. a Florida corporation ("AT&T"), and Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as ("COUNTY"). WITNESSETH: WHEREAS, CITY and West Palm Beach Cellular Telephone Company entered into that certain Tower Site Lease and Joint Use Agreement dated November 18, 1986 (the "Original Lease") for the construction of a 320-foot self-supporting communications tower upon the Premises; and WHEREAS, CITY and Palm Beach County Cellular Telephone Company, as the successor in interest to West Palm Beach Cellular Telephone Company, entered into that certain Amendment to Tower Site Lease and Joint Use Agreement, dated June 2 l, 1988 (the "First Amendment"); and WHEREAS, CITY and Palm Beach Cellular Telephone Company, as successor in interest to Palm Beach ~County Cellular Telephone Company, entered into that certain Amendment Number Two to Tower Site Lease and Joint Use Agreement dated June 20, 1989 (the "Second Amendment"); and WHEREAS, CITY, Palm Beach Cellular Telephone Company, and Richard P. Wille as Sheriffo fPalm Beach County, entered into that certain Joint Use Agreement dated August 22, 1989 (the "Third Amendment"); and WHEREAS, CITY and AT&T, as the successor in interest to Palm Beach Cellular Telephone Company, entered into that certain Fourth Amendment to Tower Site Lease and Joint Use Agreement in 1998 (the "Fourth Amendment"); and WHEREAS, CITY, AT&T and COUNTY entered into a Fifth Amendment to Tower Site Lease and Joint Use Agreement dated February 23, 1999 (the "Fifth Amendment"). The Original Lease, as amended by the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, and the Fifth Amendment is hereinafter referred to as the "Tower Site Lease"; and WHEREAS, CITY, AT&T and COUNTY entered into a Sixth Amendment to Tower Site Lease in order to modify the legal description and authorize the County to install a generator with fuel tanks; and WHEREAS, in order to safely accommodate the addition of three antennas, and six new transmissions lines to hccommodate new third generation GSM equipment operating on a frequency of 1945.000 MHz through 1950.000 MHz, ali of which is to be installed by AT&T, it is necessary to modify the Antenna Tower Schematics exhibit and the Frequency List exhibit of the Tower Site Lease. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and various other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Page 2 of 3 1. Ali defined terms as used herein shall have the same meaning and effect as in the Tower Site Lease. 2E. xhibit" I" ( qfre uency list) of the Tower Site Lease shall be replaced with Exhibit 'T' (Frequency List) attached hereto. 3. Exhibit "G" (antenna tower schematiCs) of the Tower Site Lease shall be replaced with Exhibit "G" (Antenna Tower Schematics) attached hereto. the Tower Site Lease remains the terms thereof. IN WITNESS WHEREOF, COUNTY, AT&T, and CITY have executed this Agreement, or have caused the same to be executed by their duly authorized representatives, as of the day and year first above written; wI'mf4Cs: // /D BY:;~7~-x)a~.,-~t~/ t.e~)~~'~ AT& T WIRELESS SERVICES OF t/ FLORIDA, INC. a Florida corporation .~¢_~ e_/.~ ~ C~- print name / B~{-fft't- ! ~ // ~-t~c By: ~/ ~,~~ Print Name and Title pnnt name (SEAL) ATTEST: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY THE CITY OF BOYNTON BEACH. FLORIDA, a municipal corporation of the State of Florida By:. / Print Name and Title City Attorney R2002 0766 ATTEST: PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assist~int,~ou/nty Attorney APPROVED AS TO TERMS AND CONDITIONS By: Audrey Wolf, Director Facilities Development & Operations Exhibit "I" (Frequency List) PALM BEACH COUNTY COMMUNICATIONS DIVISION BOYNTON BEACH TOWER FREQ LIST DECEMBER 31, 2001 PAGE I OF 2 866.1000 ! t121,1{]00 CouNrY TRUNKED SYSTEM (NPSPAC) ,866.12~0 , ---~2-f~.1~?~0 666.__~32_50 822.32,~0 COUNTY TRUNKED SYSTEM (NPSPAC) 860.3500 821.3500 COUNTY TRUNKED SYSTEM (NPSPAC) t~66.60'~0 821.6000 COUNTY TRUNKED SYSTEM (N~,~PAC) 866.6250 821.6250 COUNTY TRUNKED SYSTEM {NPSPAC) t~66.7500 821.:7500 COUN'rY TRUNKED SYSTEM (NPSPAC) 868.8250 821.8250 COUNTY TRUNKED SYSTEM (NPSPAC) 866.8500 821.8500 COUNTY TRUNKED SYSTEM (NPSPAC) 867.1000 82-'~. 1~0 COUNTY TRUNKED SYSTEM (NPS~AC) 867.3250 822 3250 COUNTY TRUNKED SYSTEM (N~'-~PAC) 867.3500 822.3~- COUNTY TRUNKED SYSTEM (NPSPAC) 8~7'.~"~-- 822.3750 COUNTY TRUNKED SYSTEM (NPSPAC) ---~T-,~i~ 822.4000 COUNTY TRUNKED SYSTEM ['~-'~-~-C) 8~..,~?~0 822.5750 COUNTY TRUNKED SYSTEM (NPS~AC) -'--'~-7~,~-- ~22.7625 COUNTY TRUNKED SYSTEM (NPSPAC) 868.2250 823.2250 ~ COUNTY TRUNKED SYSTEM {NPSPAC) 86__8.3750_ 823~3750 COUNTY TRUNKED SYSTEM (NPSPAC) 866.6500 823.6500.__ COUNTY TRUNKED SYSTEM (NPSPAC) 868.7000 . 823.7000 COUNTY TRUNKED SYSTEM (NPSPAC) 8~8,-~0 8~3.7250 COUNTY TRUNKEDSYSTEM (NPSPAC) 8~?,~-- 806 8875 COUNTY TRUNKED SYSTEM (NON-NPSPAC) 8,~5 807 3:125 COUNTY TRUNKED SYSTEM (NON-NPSPAC) 85~'.7~--~- 808.71~5 : CO0~hKED SYSTEM (NON-NPSPAC) ,, 853.7375 808.7375 COUNTY TRU~IKED SYSTEM (NON-NPSPAC) 853.7625 808.7625 ~ COUNTY TRUNKED SYSTEM (NON-NPSPAC) '---'--~-~-- ~1T.~375 COUNTY TRUNKED SYSTEM (NON-NPSPAC) 8,~7--~---" 812.3375 , COUNTY TRUNKED SYSTEM (NON-NPSPAC) ---~,~8.~. 8'~-,'~75 CouNTY TRUNKED SYSTEM (NON-~--- --~§~5 --§1~33~5 : COUNTY TRUNKED SYSTEM (NON-NPSPAC) -'-~'~5 ~ 5 3375 COUNTY TRUNKED SYSTEM (NON~-~N~S~ 867.0~25 822.0125 COUNTY TRuNKED SYSTEM (MUTUAL A D) ~ 867.5125 822.5125 cOuNTY TRUNKED SYSTEM (MUTUAL AID) ---~8.0125 8~,-~5 COUNTY TRUN (ED SYSTEM (MUTUAL A D) 8~0.2875 811.2875 , BOYNTON BEACH TRUNKED SYSTEM 8~7.2875 812,2675 , BOYNTON BEACH TRUNKED SYSTEM ~ 8~-~75 ' 813 2875 BOYNTON BEACH TRUNKED SYSTEM : 859,2875 814,2875 BOYN~-~N BEACH TRUNKED SYSTEM - 86---~.2§?~ ----~5.--~875 , BOYNTON BEACH TRUNKED SYSTEM 2~-00 ~ 2~8-~,6000 BOYNTON BEACH M CROWAVE SYSTEM 8692.~b-~--- 824 2500 AT&T W RELESS CELLULAR SYSTEM 86b--~0-0-i 824,4600 AT&T W RELESS CELLULAR SYSTEM 8~--~7§~' 824.6700 '~~LESS CELLULAR SYSTEM 869.8800 8~'~800 : : AT&TWIRELESS CELLULAR SYSTEM. ~ ~?~--,',~§~0: 825.0900 : AT&T WIRELESS CELLULAR SYSTEM -~-00; 825.3000 AT&T W RELESS CELLULAR SYSTEM --'-~?~..~-~ ~-,',~00 AT&T WIRELESS CELLULAR SYSTEM 871.3500 ' 826 3500 , AT&T WIRELESS CELLULAR SYSTEM 871.5600 ' 826,5-~'00 AT&T W RELESS CELLULAR sySTEM ---'~?00 ~ , 826.7700 : AT&T WIRELESS CELLULAR SY~'~EM --8~.(~00 : 826.9800 I AT&T W RELESS CELLULAR SYSTEM AT&T WIRELESS CELLULAR SYSTEM Exhibit "!" (Frequency List) PALM BEACH COUNTY COMMUNICATIONS DIVISION N BEACH TOWER FREQ LIST PAGE 20,F 2 872.4000 ' 827.4000: ' AT&T WIRELESS CELLULAR SYSTEM '---§~-" --§~'f~6-- -----~T~i~,~LESS CELLU[-/~_~~ 872.8200 827.8200 , AT&T WIRELESS CELLU~R SYSTEM ~73 0300 828.0300 AT&T WIRELESS CELLU~R SYSTEM 813 2400 828.2400 AT&T WIRELESS CELLULAR SYSTEM 8~0 82aA500 AT&T WIRELESS CELLULAR SYSTEM 8~ ~.6600 AT&T WIRELESS CELLU~R SYSTEM ~0 829 5000 ~ AT&T WIRELESS CELLU~R SYSTEM ~75.1300 830,1300 ~ AT&T WIRELESS CELLULAR SYSTEM ~0 830 5500~, ~ ' AT&T WIRELESS CELLU~R SYSTEM 875 7600 83~ AT&T WIRELESS CELLU~R SYSTEM 87~800 ! 8~0 : AT&T WIRELESS CELLU~R SYSTEM ~~0 ~ 83 ~ ,3900 AT&T WIRELESS CELLULAR SYSTEM ~~' 8~, AT&T WIRELESS CELLULAR SYSTEM 876.81~0 831,8~_~0 AT&T WIRELESS CELLU~R SYSTEM 877.0200 832 0200 AT&T WIRELESS CELLU~R SYSTEM ~0 B32;2300 AT&T WIRELESS CELLULAR SYSTEM --'~7~;~~ ~ 832;~ AT&~~~M ~O ~ 832~6500 AT&TWIRELESS CELLULAR SYSTEM ~0 ~ ~ 832 8600 AT&T W RELESS CELLU~R SYSTEM ~7~ ~: , 833.0700 AT--WIRELESS CELLULAR SYSTEM ~0 ~ ~ 833.2800 ' AT&TWIRE~ESS CELLU~R SYSTEM ; 8~ ' 833.4900 AT&T WIRELESS CELLU~R SYSTEM 878.70~ ' 833,7000 AT&T WIRELESS CELLU~ SYSTEM 878.9100 , 833.9100 ~ ~ 'AT&TWRELESSCELLULARSYSTEM ' 8~1200 834 1200 AT&T WIRELESS CELLU~R SYSTEM 8~O0 '~~ 834 3300 , AT&T W RELESS CELLU~R SYSTEM , 4 879.5400 : 834.5 00 ~ : AT&TW RELESS CELLU~R SYSTEM 879 96~0 ~ '~834.9600 AT&T ~ RELESS CELLU~R SYSTEM ~.04~, i: 845.0400, ~; AT&TWIRELESS CELLU~R SYSTEM AT&T WIRELESS CELLULAR SYSTEM 891,3000 , 846.3000 ~ ~, ~1947 7500 t867 7500 ~ AT&T'WIRE~ESS CELLULAR SYSTE~SG-- 1947.930~ ' , 1867;93001 AT&T WIRELESS CELLULAR SYSTEM 3~ ~i~[~Y~ ;~0~[ A~ &T W RELESS CELLULAR SYS~'~G Exhi :' "'~" (Ame~i~ma Tower Schematics) PALM BEACH COUNTY COMMUNICATIONS DIVISION BOYNTON BEACH TOWER ANTENNA LIST DECEMBER 31, 2001 .AGE ~ OF t DECIBEL BOYN I ON BEACIt '[ RUNKING SYSTEM __ 315' S 2 DBBt0 DECIBEL DOYNTON BEACN iRUNKING sYsTEM 295' NW 3 DB810 DECIBEL BOYNTON BEACH TRUNKING SYSTEM 275' S 4 BMR 12-A { I ) C ELWAVE COUt,I ! Y TRUNKED SY STEM {NPSPAC) 275' NW 5 13NIl{ 12-A (I J CELwAVE COUN I Y 1RUNKED SYS I EM {NPSPAC) 275' NE 6 BMRI2-A 2} CELWAVE COUNTY TRUNKED SYSTEM (NPSPAC} 245' NW - S 7 BMR12-A {2} CELWAVE COUNTY TRUNKED SYSTEM {NPSPAC} 245' NW - S CELWAVE : COUNTY TRUNKED SYSTEM {NPSPAC) 7,15' NW - S 9 ~L. CELWAVE COUNTY 1RUNKED SYSTEM (NPSPAC} 245' NW - S I0 DB264 ' DECIBEL SIIERIFF'S OFFICE VIIF RECE VE 735' NW 11 4' GRID DISlt DECIBEL MICROWAVE TO BOYNrON BEACIt CiTY IIALL 23fi' S 12 IIPB-65E DECIBEL COUNTY MICROWAVE TO EOC 200' NW 13 UB204 DECIBEL FBI VIIF RECEIVE . 14 UB564 DECIBEL AT&T WIRELESS CELLULAI~. ANTENNAS 200' NE t50' NE 15 DBfi64 DECIBEL, AT&T WIRELESS CELLUL~RANTENNAS 150' __ NE 16 DB564 DECIBEL AT&T W RELESS CELLULAR ANTENNAS 150' NE t? 7262.01 ALLGON AT&T WIRELESS CELLULAR AN1ENNAS 3G 150' NE 18 ItPB-6§E - DECIBEL COUNTY MICROWAVE TO SOUTIt EMS 130' S 19 ' PD 455 Ai'iOR~W BOYNTON BEACH MOBILE DATA SYSTEM 100' S 2.0 DB222 DECIBEL MOSCAD vttF BACKUP ANTENNA 100' NW RE TENN 21 0B564 DECIBEL AT&T WI LESS CELLULAR AN AS 100' NW - S 22 DB564 DECIBEL AT&T WIRELESS cELEuLAR: ANTENNAS 100' NW - S 23 DB5~4 DECIBEL AT&T WIRELESS CEL[.dLAIR ANIENNAS 100' -~ NW- S 24 DB564 DECIBEL -' AT&T WIRELESS CELLI~LAR ANTENNAS 100' NW- S 25 DB564 DEC BEL AT&T WIRELESS CELLULAR AN rENNAS 100' NW - S 26 DB564 DECIBEL AI&T WIRELESS CELLULAR ANTENNAS 100' NW - S 27 7262.01 ALLG~N ' .... Ar&r WIRELESS CELLULAR ANTENNAS 3G 100' I IW - S 28 7262.01 ALLGON AI'&T WIRELESS CELLULAR ANTENNAS 3G t00~ I'lW - S 29 VI IF YAGI DECIBEL UNKNOWN 20' NE 1 ANTENNA 4 IS RECEIVE ONLY ON TIlE FREQUENCIES LISTED. ANTENNA § IS A SPARE ANTENNA 2, ANTENNAS 6,?.8,&9 ARE tRANSMIT ONLY ON TIIE FREQUENCIES LISTED. 3, COUNt Y MICROWAVE FREQUENCIES ANU ERP TO BE DElERMINED AS PART OF THE 800 MIIZ SYSIEM DESIGN. MICROWAVE DISH LOCATIONS MAY BE MODIFIED TO MEETTHE DESIGN REQUIREMEN[S 4 AN lEa'II'lAS 11, 21 &28 ADDED BY AT&T 12/31/0 FOR 3G REQUIREMENTS Exhibit "G" (Anlenna 'trover Schematics) 12 295' I10 235' 200' ~ 200' Il 315' #6.7.8.9 N[IIES. SEE ATTACHED TABLE FOR ANIENNA AND CABLE DETAILS. 2 COUNTY 800 MHZ ANTENNAS AND MICROWAVE DISH LOCATIONS ARE BASED ON MOTOROLA SPECIFICABONS OF 10/19/99. :3, THE DRAWING IS CONCEPTUAL ONLY AND NOT TO BE CONSIDERED A CONSTRUCTION DRA~NG. THE ORAWING IS NOT TO SCALE. iH 2.T5' 4. SITE LOCATION DETAILS: CAT I: IUDE: 26- 32- 38N LONGi TUDE, 80-04- [8w TOWER HEIGHT AGL: 320 FEET FACE WI§IH AT GRllUND: 40 FEET SITE ELEVATIDN AMSL: 23 FEET Tf3WER I]RIENIATION: S = 180 DEGREES NW : 300 DEGREES NE = 60 DEGREES /14,15. t6.17 150' NE NW S 118 gig ioo' NW AN TENNA~ NE BOYNTF1N BEACH CII'Y COMMUNICAT[F1NS TF1WER PALM BEACH CF1UNTY CI]MMUN I CAT I L-INS D [ V I S I L-lN ~. REVISIrlNS {lATE F I LE:\BO~N,ON\C, TY2 Dh'l E: SHEET I I]r I Requested City Conmaission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VII.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM E.1 AGENDA ITEM REQUEST Date Final Form Must be Tumed in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 Date Final Form Must~Turr~.d. --~ in to City Clerk's Office "'~ ~.-D_ September 16, 2002 ~) ;:_:f ~ September 30, 2002 (Noon) -- August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) September 3, 2002 (8:00 a.m.) [] November I9, 2002 November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [-]. Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the August 20, 2002 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board recommends that the subject request be approved, subject to staff conditions and additional conditions to require extension of the mansard roof, and to confam project color and the correct colored rendering to be used to represent the approved project.. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-105. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: M&L Roofing (MSPM 02-003) Riza N. Altan, P.E. Mel Lowe 630 Industrial Avenue Request for a major site plan modification to add 8,283 square feet to a 2,275 square foot existing light industrial warehouse building for a total of 10,558 square foot on a 0.64- acre parcel. PROGRAM IMPACT: - N/A FISCAL IMPACT: N/A ALTERNATIVES: ~ N/A City Manager's Signature Planning anal Zo~ector City Attorney / Finance / Human Resources S:XPlanning~SHARED\WPXPROJECTSWI&L RoofingXAgenda Item Request MSPM 02-003 M&L 8-20-02.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-164 Chairman and Members Community Redevelopment AgencyB oard Michael W. Rump('~! Planning and Zoning Director Eric Lee Johnson Planner August 8, 2002 M&L Roofing (MSMP 02-003 ) Review Status Following Tabling of Project This memorandum serves to summarize the status of the review of the above-referenced project, following the last tabling of the review by the Community Redevelopment Agency Board. This memorandum is to supplement the attached staff report (Memorandum No. PZ 02-105)'"and Conditions of Approval which still apply to the review of this project. This project has been tabled twice by the Community Redevelopment Agency Board. At the last Board meeting, the applicant and Board members discussed various design issues. By a 6 to 1 vote, the project was tabled to return to the CRA on August 13, 2002. The issues discussed at the July 9, 2002 CRA meeting are outlined as follows: Eliminate condition #11, which read "prior to the issuance of a building permit, the project must receive approval from the Palm Beach County Traffic Division that it meets the Traffic Performance Standards of Palm Beach County"; o The Board recommends further analysis of the placement of the "parking space" dedicated to emergency vehicle turnaround. If endorsed by the City Fire Department, the Board recommends relocating the emergency vehicle turnaround area eastward to the end of the row of parking spaces (to be located at the sp.ace currently labeled #22). The Board requests that the applicant provide a color chip to staff of the Planning & Zoning Division for the proposed building paint color and, if possible, a visual representation (color rendering) of the color that matches the paint chip. 4. The Board requests that the applicant provide a mansard roof on the north elevation and to the west elevation (of the building addition) to match the existing building. For a complete analysis of the major site plan modification request, see the attached staff report (Memorandum PZ No. 02-105). The analysis below is a summary of staff's findings regarding the Board's recommendations. Page 2 ,,~ Development Department Memorandum No. PZ 02-164 MSPM 02-003 Analysis of Board's Recommendations: The project meets the traffic performance standards of Palm Beach County and therefore; the original COndition of Approval gl 1 is eliminated. As directed, staff reviewed the placement of the "parking space" dedicated to emergency vehicle turnaround. Staff determined that the current location of the emergency vehicle turnaround area is currently proposed in its optimum location. The Fire Department would not support relocating the turnaround area to the parking space currently labeled as #22. Regarding project colors and roof design changes, at the time when this memorandum was: written, the applicant neither submitted revised elevations showing a mansard roof nor provided color swatches that accurately reflect the true proposed and existing building colors. Since the space dedicated to emergency vehicle turnaround area is located in its optimal location, and since the plan meets all other applicable code requirements, staff recommends approval of this modification request, subject to satisfying all Conditions of Approval, including submitting evidence of the actual building colors, and revised elevation drawings for the Board's review. However, staff would support further tabling of this item if, at the August 13th hearing, the ~ applicant falls to present the requested revised elevations and colored rendering and swatches. xc: Central File S:~IamUagKSHARED\WP~ROJECTS',M&L Roofing~taff Report2.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-105 SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY AND CITY COMMISSION May 30.2002 ~SCRIPTION OF PROJECT -oject Name/No.: M&L Roofing 1 MSPM 02-003 · operty Owner: Mel Lowe gent: Riza N:. Airart, P.E. / Turquoise Incorporated )cation: 630 Industrial Avenue md Use: Industrial (t) ~ning: oject size: Light Industrial (M-l) Site Area: Lot Coverage: Existing building: Proposed buildinq: Total building area: 27,930 square feet (0.64 acres) 10,558 square feet (37.8%) 2.275 square feet 8.283 square feet 10,558 square feet ~jacent Uses: North: South: East: West: oposal: e Characteristics: ncurrency: a. Traffic- (see Exhibit "A" - Location Map) Developed property (Ridgeway Plumbing) with a Industrial (I) land use designation and zoned Light Industrial (M-l); Developed property (Migano Landscaping) with a Industrial (I) land use designation and zoned Light Industrial (M-l); C.S.X. Railroad right-of-way, farther east is Interstate 95 right-of-way; Industrial Avenue right-of-way, farther west is developed property (Warehouse) with a Industrial (I) land use designation and zoned Light Industrial (I). Mel Lowe proposes to.construct a one-stow 8,283 square foot addition to an existing 2,275 square foot one-stow warehouse building for a total of 10,558 square feet. The new addition will be used for warehouse area. Warehouses are permitted uses in the M- I zoning district. The subject property is a rectangular shaped lot located on the east side of Industrial Avenue. Currently, the western third (1/3) of the subject lot is developed with a building and its respective parking area. The original building is 2,275 square feet in area and was built in 1984. According to City records, the business is currently licensed as a contractor. The eastern two-third (2/3) of the lot is undeveloped and contains overgrown vegetation. The exterior portions of the property are used for the storage of large amounts of mechanical equipment (strewn across the lot), work trucks, and miscellaneous debris. According to the survey, the highest elevation is 17.2 feet above sea level, located towards the rear (east) of the vacant portion of the lot. A traffic impact study for this project was submitted and sent to the Palm Beac~ ~ge 2 &L Roofing - Major Site Plan Modification Staff Repor~ ~ ....... andum No. PZ 02-105 b. Drainage dveways: g Facility: ~caping: County Traffic Division for their review and approval. The Palm Beach County Traffic Division has not /et determined that the project meets the Traffic Performance Standards of Palm Beach County. This determination will be required prior to the issuance of a building permit for the addition (see Exhibit "C" - Conditions of Approval). COnceptual drainage information was provided for the City's review. The plan wiI1 incorporate the useof a French Drain system. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. This project will use the existing main access point off of Industrial Avenue. This point of ingress / egress will remain intact at 25feet in width. Also., all existing landscape material will remain in its current condition. Where necessary, all landscape material located within the safe-Sight triangles will be cleared, removed, or trimmed according to City standards so that the triangles provide, unobstructed cross-visibility. Any additional or required signage or striping (stop bar / arrows)at this .entranceway will be p~pared according to Code requirements. plan, seven (7) parking spaces currently exist at the western portion of the r Industrial Avenue. Parking required for the project is based on a ratio of one ~pace per 500 square feet of gross floor area, which is the minimum req~ as.. Since 10,558 square feet are proposed (2,275 square feet of space plus the 8,283 square foot building addition), a total of 22 parking spaces l. Of the 22 parking spaces that will be provided, one (1) space is designated e. All existing and i proposed parking spaces will be 90 dog feet in width by 18 feet in length, except for the hand dth (with 5 feet of striping) by 18 feet in length, is within the Community Redevelopment Agency (CRA) boundaries, the backup )r the new parking, spa(:es may be reduced from 27 feet to 24 feet in width (over 41 feet will be provided). 'f '~e plan could have provided more instead, proposes two (2) more interior landscaped islands, in part, because Public :hat no dumpster would be required for the project as proposed~ However, a .space within the proposed row of parking has been designated as reserved for the fire vehicle turn-around area. This element of the plan has been endors~ proposedi nu property, iA an electr( be approved in advance by automatically open and re with Chapter 2, Section 4.J. .';ity Fire Department. This space was not included in the A chain link fence runs along the perimeter of the the front entrance. This gate will have have 4 or5 numbers only and the entry code will Marshall. If the power fails, the gates will rolling chain link gate and fence shall comply )merit Reguations. The width of the, existing west landscape buffer adjacent to the Industrial Road right-of- way complies with current landscape code. This landscape buffer currently contains mature trees and overgrown hedges. The Mahogany trees will count toward meeting the minimum number of trees on-site. As previously stated, the landscape matedal in this buffer will be undisturbed unless the proposed improvements require its alteration. :ge 3 ~L Roofing - Major Site Plan Modification Staff Report ~morandum No. PZ 02-105 The north landscape buffer (abutting industrial zoned propert*/) will be two (2) feet - six (6) inches in width. _This buffer will contain the existing shrubs at the western portion of the property but proposes Redtip Cocoplum hedges immediately where the improvements begin. Two (2) Dahoon Holly trees are; propos the intedor landscape ~e westernmost part has no The existing osed bu the Building / Site: to ~ ,not gh Similar to feet or 4 inches in bull, project is condominiums or leasing out to individual tenants. co this in Ihich wi I match the existing building will have six (6)overhead bay doors. At'. qg addition as a shell with The , the proposed addition will be one-stow high. The new buildings or additions in the M-1 zoning district is 45 top of the wall for the proposed addition will be 19 feet - six (6) north side of the designation intent of the subdivid~hg into understands that would necessitate upgraded ~ulations, Florida a trash and ,mmunity Design: ;triage: :COMMENDATION: ,.ff recommends tho1 nditions of Approval. his exhibit be Central File addition will appear like typical warehouse buildings little architectural enhancement features. The color and ~ of the building , existing building. e walls will be pal (Benjamin Moore ority,cf r will face north ,of-way. No monument sign or new Wail signs are proposed. uest be approved subject to the comments included in Exhibit '%" - (TRC) recommends that the deficiencies identified Plans submitted for building permit. mning\SHARED\WP~PROJECTS~M&L Roofing~Staff Report.clot PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA M & L Roofing ~ Riza N. Altan, P.E. / Turquoise, Inc. 1253 Okeechobee Road, Suite A-2 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 6~ 2002 TYPE OF RELIEF SOUGHT: Major Site Plan Modification LOCATION OF PROPERTY: 630 West Industrial Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, FIodda 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 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 support,e.d 'by substantial competent evidence are as set forth on Exhibit "(~" wit[{ notation "Included. The Applicant's application for relief is hereby .... GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:~Planning\SHARED\WP\PROJECTS'J~I&L Roofing\DO.doc City Clerk M & L ROOFING P EXHIBIT "A" M1 '~w "~-~'R' AVE= 1600 Feet 4,00 0 80(2 1200 .~ W E EXHIBIT "B" EXHIBIT "B"- TURQUOISE, Inc. EXHIBIT "C' Conditions of Approval Project name: M & L Roofing File number: MSPM 024)03 Reference: 2"d review plans identified as Major Site Plan Modification file # 02-003 with a May 10, 2002 Planning and Zoning Department date stamp marking. : DEPARTMENTS INCLUDE REJECT PUBLIC woRKs - General Comments: 1. City Ordinance (CODE, Chapter 10) requires that arrangements be made X with the Public Works Department for any waste disposal associated with this site plan. Please contact the Public Works Department (561-742-6200) regarding the storage and handling of refuse. Roll-out trash pickup will be allowed in lieu of a dumpster and enclosure. The applicant represents that use of roll-out pickup is adequate to meet the needs of this commercial establishment now and in the future. No more than two (2) roll-outs will be *, allowed for this site, to coincide with the one utility service provided. The applicant acknowledges that changes to this site and building use, resulting in an increase in trash volume and/or building occupancy, will require re- evaluation of the need for a dumpster and enclosure. Should said changes occur in the future it will be the sole responsibility of the applicant to provide the needed facilities (i.e. dumpster and enclosure) Multiple roll- outs for multiple tenants shall not be allowed. PUBLIC WORKS - Traffic Comments: None X UTII,ITIES Comments: 2. Fire flow calculations will be required demonstrating thc City Code X requirement of 1,500 g.p.m, as stated in thc LDR Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE section 26-16(a)). Comments: None X POLICE Comments:. None X COA 08/12/02 2 DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: 3. A lighting plan including.photo metrics, pole wind loading, and pole details X in conformance with the I~DR, ChaPter 6, Article IV, Section 11, chaPter 23, Article 1, Section 5:B!7 and Chapter 23, Article II, Section A will be required at the time of permitting. If possible please provide this information as part of your TRC plan submittals - it is much easier to identify and correct any deficiencies no~ than while you are waiting On a permit. 4. At the time of permitting, specify inlet types, etc. on drainage plan. Indicate X invert elevations for all structures. Indicated grade of storm sewer segments. Provide details for proposed inlets (LDR, Chapter 6, Article IV, Section 5.^.2.0. BUILDING DIVISION Comments: 5. Add a labeled symbol to the site plan drawing that represents and delineates X the path of travel for the accessible route that is required between the accessible parking spaces and the accessible entrance doors to each tenant space. The Symbol that is required to be installed along the path 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. 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 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 of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the Florida Accessibility Code for BUilding Construction. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. ' 6. 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 2001 Florida Building Code]: a) The design professional-of-record for the project shall add the follOwing COA 08/12/02 INCLUDEI REJECT DEPARTMENTS text to the Site data. "Theproposed finish floor elevation __ NGVD is above the highest 100-year base flood .elevation applicable to the building, site, as' det~ned by the South Florida Water Management District s surface water management construction development regulations." b) From the F~ map, identify in the site data the title of the flood zone that the building is lOCated within. Mere applicable, specify the base flood elevation If there is n° base flood elevati°n~~ indicate that On the plans. c) Identify the floor elevation that the deSign professional has established for the building within the f°Otprint of ~1~ f0uilding that is shOwn on the drawings titled site plan, floo~ Plan and paving/dr~inage (civil plans). 7. Indicate on the site plan within the floor area of the new and existing X building the primar~ use of the Sm~cture/facili .rY. 8. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 9. At time of permit review, submit for review an addressing plan for the X project. : Add to all plan view drawings of the site a labeled symbol that represents the X 10. location and Perimeter of the limits of constrUction proposed with the subject request. ' PARKS AND RECREATION Comments: None ~ X FORESTER Comments: None X PLUG AND ZONING Comments: 11. The subject property's designated Future Land Use designation is Industrial X (I) and Official Zoning district is Light Industrial (M-I) and should be indicated as such in the site plan tabular data. 12. The survey (or site plan) must identify the Official Zoning District and X Future Land Use designation for the adjacent properties (Chapter 4, Section ^.3.). 13. Provide a detail of the pronosed outdoor li~tin.~ structure(s), including the COA 08/14/02 4 DEPARTMENTS INCLUDE REJECT dimensions, color, and material. 14. Include a color rendering Of all elevations prior to the Community X Redevelopment Agency meeting (Chapter 4, Section 7.D.2.). 15. All above ground mechanical equipment such as exterior utility bOXes, X meters, transformers, shall be visually screened (Chapter 9, Section 10.C.4.). Equipment placed on the walls of the building shall be painted to match the building color. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS Comments: 16. Continue the mansard roof along the entire north and west side elevations. X 17. The color used is "Soft Cranberry- Benjamin Moore #2094-40". X ~ 18. The eight and one-half (8 ½) inch by 11 inch version of the elevations X drawings (shown at the CRA meeting) shall be used as the tree representation of the project. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 19. To be determined. S:,,Plan ning\SHARED\WP~:~ROJ ECTS\M&L Rooing',COA.doc Requested City Comrmssion Meeting Dams [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VTI'.-CONSENT AGENDA TTEM E.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) Requested City Commission Meeting Dates [] October l, 2002 [] October 15, 2002 Date Final Form Must t~.Turned in to City Clerk's Office - ~ September 16, 2002 (N~O-h) ; : September 30, 2002 (Noon) August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consem Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcemem [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the August 20, 2002 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved, subject to all staff comments and additional conditions to require color changes to lighten the ends of the proposed garage, to correct the dwelling unit count in comment #29, and to set a minimmn tree height of 16 feet at planting for trees along the west side of the project. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-161. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: The Residences ~ Marina Village (MSPM 02-005) Brace Jarvis/Gerald Goray, Goray-Jaravis AERC of Virginia Inc. 743 NE 1st Avenue Request for a Major Site Plan Modification to Phase 2 of the Marina project to add 48 residential units and commercial space, expand the parking garage, increase project height and make related site modifications on 3.79-acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Planning and Zoning ~to City Attorney / Finance / Human Resources SAPlanningXSHARED\WPXPROJECTSXMARINA~MSPM 02-005XAgenda Item Request Residence ~ Marina Village MSPM 02-005 8-20-02.dot City Manager's Signature S:~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-161 COMMUNITY RE SITE IEW STAFF REPORT Augu,' 2002 ION DESCRIPTION OF PROJECT Project Name/No.: The Residences at Marina Village, MSPM 02-005 Property Owner: AERC of Virginia Inc. Applicant/Agent: Bruce R. Jarvis and Gerald A. Goray/Goray-Jarvis Properties, LLC Location: 743 NE 1st Avenue Land Use/Zoning: Mixed Use (MX)/ Existing Zoning: Proposed Zoning: Central Business District (CBD) Mixed Use High (MU-H) Type of Use: Residential Multi-family with Commercial on the ground ~oor Project size: Adjacent Uses: Modification Area: Total Area: Dwelling Units: New Commercial: 3.79 acres 7.349 acres 282 rental apartments 10,000 square feet (see Exhibit "A" - Location Map) North - South East - West - Right-of-way for Boynton Beach Boulevard and farther north city lift statiom and undeveloped land zoned CBD; Right-of-way for Ocean Avenue and farther south Ocean Plaza shopping center zoned CBD; Right-of-way for NE 6th Street (lVlarina Ddve) and the Intracoastal Waterway; and Developed property (First Financial Plaza) zoned CBD Site Characteristics: The subject site is currently vacant. Proposal: In 1997, the City of Boynton Beach approved the latest site plan for the Marina. The site plan for the subject site included one, eight-story building containing 220 rental apartment units with 8,262 square feet of commercial located on the first floor. Connected to the apartment building was a 605 space parking garage. A 6,130 square foot two-story restaurant building was also proposed for the subject site. Concurrency: a. Traffic- Since that time the property has changed owners. With this application, the new developer proposes to construct two (2) nine-story apartment buildings containing 282 units connected by a 751 space, seven (7) story parking garage. The first floor of both apartment buildings will contain 10,000 square feet of retail commercial. The remaining portion of the site remains unchanged and will be developed pursuant to the previously approved site plan. (see Exhibit "B" - Proposed Site Plan). A traffic statement for this project was submitted and transmitted to the Palm Be~._.., County Traffic Division for approval. No approval letter has been received at this time. The project must meet the requirements of the Palm Beach County Traffic Page 2 The Residences at Marina Village Site Plan Modification Staff Memorandum No. PZ 02-161 b. Drainage- Driveways: Parking Facility: Landscaping: Building and Site: ~ommunity Design: Performance Standards prior to receiving a building permit (see Conditions of Approval). Conceptual drainage information was provided for the City's review. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit rewew. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit (see Conditions of Approval). The only vehicular entrances for: the project are for the parking garage. There is one entrance/exit Off Marina Way and one en[=rance/exit off of Boynton Beach Boulevard. Both entrances have a 12 foot ingress lane and a 12 foot egress lane separated by a four (4) foot median. All other entrances to the project buildings are for pedestrians only. The portion of Boynton Beach Boulevard adjacent to the north boundary of the project is not developed. As discussed above, the north parking garage entrance/exit directly accesses this portion of Boynton Beach Boulevard. This right-of-way must be constructed in conjunction with the development of this project (see Conditions of Approval). Parking for the proposed MU-H zoning district must meet the requirements in Chapter 2, Section 11H, of the Boynton Beach Land Development Regulations. The rc~quired number of parking spaces for the proposed project is 813 and that is the number provided on the site plan. This number includes all phases of the Marina Development. The parking garage will have 751 spaces including 17 handicap spaces. A total of 62 surface parking spaces will be provided along Marina Drive and the former Casa Loma Boulevard. The total number of handicap spaces provided is 21. Regular parking space dimensions will conform to code requirements of nine feet by eighteen feet for 90 degree parking and nine feet by twenty-five feet for parallel spaces. Handicap spaces will be dimensioned twelve feet by eighteen feet. The landscaping proposed for the site will meet or exceed the code. The recently adopted regulations for the MU-H district provide .specific landscape requirements that are addressed in the proposed landscape plan. A variety of trees will be used in the streetscape including Silver Buttonwood, Pigeon Plum, Wax Myrtle, White Crepe Myrtle and a variety of palms. Palms will be used in the streetscape in areas of conflict with utility easements. The applicant has chosen the tree form Bougainvilla as the signature tree for the project. Decorative planters containing seasonal annuals will be located along Ocean Avenue. The west side of'the development will be buffered from the adjacent property with a dense buffer of trees and shrubs. A six (6) foot concrete block fence will enclose the pool deck area of Building #2. The parking garage facade will be sufficiently screened by these buffer plantings up to two floors of the structure. Lush landscaping is provided in the pool courtyards of both mixed-use buildings. The site plan was reviewed pursuant to the requested rezoning to the new MU-H district. Building and site design will meet code requirements when staff comments are incorporated into the permit drawings. The project design is similar to the previously approved concept and generally conforms to the Visions 2020 plan. The buildings will have a painted stucco finish with a metal roof. The roof design is representative of the "Coastal Florida" style. It is similar to the roof on the Ocean Avenue Bridge turrets and on the Banana Boat restaurant east of the Marina Page 3 The Residences at Marina Village Site Plan Modification Staff Report Memorandum No. PZ 02-161 complex. The metal roof will be a matte natural gray color. The fa(;ade will have a two-t( color scheme. The base of the buildings below the fourth floor will be a light khaki (BM No. HC-93) and the balance of the building will be a pastel yellow-gold (BM No. 207). Accents wil khaki (BI of the parking ht at nine (9) stories, or a maximum height fronting on Ocean Avenue, ~treet are ' :lewalks comprise Anl ~n is the vlarina Drive (N.E. 6th Street) north to prov des a continuous vehicular and Signage: No project signage ils proposed with this submittal. RECOMMENDATION: Staff recommends that this major site plan modification request be approved subject to the comments included/'-~', Exhibit "C" - Conditions of Approval. The Technical Review Committee (TRC) recommends that the deficienck identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File S:\Planning\SHARED\WP~PROJECTS\MARINA'~ISPM 02-005%STAFF REPORT 02-005.doc DEVELOPME~T ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME & ADDRESS: The Residences at Marina Village APPLICANT'S AGENT: Bruce Jarvis-Gerald Goray, Goray-Jarvis Properties, LLC APPLICANT'S ADDRESS: 205 George Bush Blvd., Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 20, 2002 TYPE OF RELIEF SOUGHT: Request approval for a Major Site Plan Modification for two seven-story apartment buildings, a parking garage, and ancillary commercial uses on a 3.79 acre parcel. LOCATION OF PROPERTY: 743 NW 1st Avenue, Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of BOynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered"the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notatiOn "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:~Planning\SHARED\WP\PROJECTS\MARINA\MSPM 02-005\Develop. Order Form-2002-Revised.doc City Clerk Location Map Marina EXHIBIT "A" z CBD SITE C3~i WORTH ICWW; 400 0 400 800 1200 Feet w E $ ) - ( 'I VJ~ ~VOD ~, H&Ni i I I EXHIBIT "B" EXHIBIT "B" ZO EXHI.B_IT "B" ' ~ ' EXHIBIT" EXHIBIT i~lllllll! I I I.~ I: I Ii I I I EXHIBIT "B" EXHIBIT "B" i EXHIBIT "C" Conditions of Approval Project name: The Residences ~ Marina Village File number: MSPM 024)05 Reference: 2~ review plans identified as a Major Site Plan Modification with a July 30, 2002 Planning & Zoning : DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1~:. citY Ordinance (CODE, Chapter 10) requires that arrangements be made with X the Public Wor~ Department for any waste disposal associated with this site ' Plan. Prior to permit application contact the Public Works Department (561- ~42-6200) regarding the storage and handling of refuse. No dumpster location is shown in this Master Site Plan submittal. Previous .site plans have had the dumpster(s) sited at the end of Marina Drive (formerly known as Casa Loma Blvd.) Indicate where dumpster enclosures will be sited and demonstrate how retail, commercial and residential properties will access them. Provide ,, confirmation of access (by easement) to dumpster enclosure site and demonstrate that the site meets all provisions p~ code and standards. 2. Street names should not be phonetically similar per the LDR, Chapter 5, X Article V, Section 1.D.8. Obtain approval from Police and Fire that Marina Way will be acceptable when there is already a Mariners Way in the street systems. Provide approved permit showing name change at time of permitting. PUBLIC WORKS- Traffic Comments: 3. East Marina Way is shown to have a 20 foot roadway width (by dimensioning X and per the typical sections it is ~2 feet in width). Other roadways and aisles within the development provide a 24 foot clear width. Adjust the East Marina Way roadway width to a 24 foot width (2 - 12 foot lanes). Show dimensions on the civil plans (sheet C-3) at time of permitting. 4. The parking spaces and the drop-off area for Building #1 extend beyond the X property line into the Boynton Beach Blvd. right-of-way. Work within the Boynton Beach Blvd. right-of-way is indicated, by note, to be "completed and approved at a future date", presumably by others. Please clarify by note that the work along the south side of Boynton Beach Blvd. will be constructed in conjunction with the remainder of the site development. Provide this information no later than the time of permitting. Conditions of Approval 2 INCLUDE REJECT DEPARTMENTS UTILITIES Comments: 5. All utility easements shall be shown on the rectified Site plan, conceptual X utility engineering plan and landscape drawings so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights- of-way. Comments: 6. Design documents shall demonstrate compliance with LDR Chapter 6, X Section 16, which provides requirements for hydrants. Hydrants in commercial applications shall be no more than 300 feet apart and the remotest part of any structure shall be no more than 200 feet from a hydrant. Connections shall be to mains no less than six (6) inches in diameter. In addition to domestic requirements at a residual pressure of not less than 20 psi, a fire flow of at least 1500 gpm is required. 7. Design documents where underground water mains and hydrants are to be X provided, must demOnstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 8. Emergency access shall be prodded at the start of a project and be maintained X throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 5-4.3.. 9. City Ordinance Section 9-6, 3./7-11 requires approved automatic fire X sprinkler systems throughout the following: 1) All buildings or structures regardless of the type of construction which are 3 stories or more in 'height or all buildings or structures in excess of 30 feet in height as measured from £mish ground floor grade to the underside of the topmost roof assembly. DEPARTMENTS INCLUDE REJECT 9. continued 2) All buildings or structures regardless of the type of construction that are in excess of 12,000 square feet per floor. POLICE Comments: None X ENGINEERING DIVISION Comments: 10. All work done within the Boynton Beach Boulevard or Ocean Avenue rights- X of-way shall require FDOT approval and permitting, due at time of permitting. 11. Show all existing above and below ground utilities on the Survey and Site X plan (LDR, Chapter 4, Section 7.A.3). 12. At time of permitting, show pol~ wind loading on the Lighting Plan (LDR, X Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A). 13. At time of permitting, add a note to the Landscape Plan that within the sight X triangles there shall be an unobstructed cross-visibility at a level between 2.5 feet and 6 feet above the pavement (LDR, Chapter 7.5, Article Il, Section 5.H). 14. Provide existing and proposed elevations for the "Phase II' Schematic X Paving & Drainage Plan (LDR, Chapter 4, Section 7.F). Inadequate grade information has been provided to evaluate flow patterns in the parking and roadway areas. 15. Provide a copy of the SFWMD and all other drainage related permits with the X building permit application. 16. On the Site and Civil plans, show and identify all necessary traffic control X devices such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. For each building delineate and stripe for a 12 ft. x 35 ft. loading area (LDR, Chapter 2, Section Il.J); include a pavement message in yellow indicating "No Parking - Loading Zone". See City Standard Drawings B-98001 and B-90013 for striping details. 17. Indicate to what standard the project is to be constructed; if the FDOT X Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. Indicate by note. Due at time of permitting. Conditions of Approval ': 4 DEPARTMENTS INCLUDE REJECT 18. Provide written and graphic scales on all sheets. X BUILDING DIVISION Comments: 19. Add to each building that is depicted on the drawing rifled site plan and floor X plan a labeled symbol that ide~tifies the locati°n of the handicap accessible entrance doors to each building. Florida Accessibility Code for Building Construction, Section 4. ! .2, 4.3. 20. Add a labeled symbol to the site plan drawing that represents and delineates X the path of travel for the accessible route that is required between the accessible parking spaces and the accessible entrance doors to each building. The symbol, required to be installed along the path, shall start at the accessible parking spaces and terminate at the accessible entrance doors to each building. The symbol shal1 represent the location of the path of travel, not the location of the detectable warning or other pavement markings. 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 width of the accessible route, (Note: The .minimum width required by the code is forty-four (44) ~ches). Add text tO the drawing that would indicate that the symbol represents the accessible route and the route is designed in compliance with Secti°n 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 of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the Florida Accessibility Code for Building Construction. This documentation shall inclUde, but not be limited to, providing finish grade elevations along the path of travel. 21. Add to the site plan drawing all existing easements that are shown on the X survey. Also, add all proposed easements. The location, type and size of the easements shall be shown and identified on the site plan. Where applicable, amend the plans so that structures do not encroach into an easement. 22. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 23. Add to each building that is depicted on the site plan drawing a labeled X symbol that identifies the location of the handicap accessible entrance doors to each of the required handicap accessible units. Show and label the same handicap accessible entrance doors on the appropriate floor plan drawing. Compliance with regulations specified in the Fair Housing Act is required. DEPARTMENTS INCLUDE REJECT 24. Add a labeled symbol to thc site plan drawing that represents and delineates X the path of travel for thc accessible route that is required between the accessible units and the recreational: amenities that arc provided for the Project and other Common area Clements located at thc site. The symbol sha!l represent the location of thc path of travel, not thc location of thc detectable warning or other pavement markings required to be installed ialong the Path. The lOCation °£the ac6csSible Path shall not compel thc user to travel in a drive/lane area that is located behind parked vchicles~ Identify on the plan the width of the accessible route. (NOte: Thc minimum width ~¢q~ired by thc Code is 4.4 inches). Add text that WOuld indicate that the syml~°l rePreSents the accessible roUte and the route is designed in comPliance with re~lations SPecified in the Fair Housing Act. PleaS~ nOte 'that at time of Permi`t :reNew, the apPlicant shall PrOvide detailed documentati°n on: the ~lms ~1~at 'will verify ,that the accessible route 1S H1 comphance wathithe regUlations specffied in the Florida Accessibllaty Code for Building Constmctlrm. Th s docum, ematim shall include, but not: be limited'to, providing finish grade elevations along the path of travel. 25. Add to the floor plan &awings of the individual units a breakd°~ of the area X within the unit. ~t~e ar~a bre~kdowns for each unit shall specify ihe iotal area of the unit, area of the balcony, total area that ~s mr-conditioned and, where applicable, total area of storage and garage space. If the garage and storage ar~as are not part of a specific unit, the a~ea shall be included within the area of the bmldmg Indicate how many of each type of! unit will be on each floor and ~n the building. -- : 26. Add to the site data the total area under roof of each residential building. X Provide tabular area, data for each: building. The data shall .include a breakdown of area for. each .floor of each building. The breakdOwn shall include the following ~eas and each :area shall be labeled °nthe iapPlicable floor plan drawing: a) Common area covered walkways; b) Covered stairways; c) Common area balconies; d) Entrance area outside of a unit; e) Storage areas (not part of a unit); f) Garages (not part of a unit); g) Elevator room; h) ~ Electrical room; i) Mechanical room; j) Trash room; k) Mailbox pickup and delivery area; and 1) Any other area under roof. [Chapter 4 - Site Plan Review, Section 7. E. 2. And 3.] 27. At time of permit review, submit for review an addressing plan for the X project. Conditions of Approval 6 DEPARTMENTS INCLUDE REJECT , 28. All bathrooms and kitchens in the dwelling units shall comply with the X provisions of the Federal Fair Housing Act, 24CFR 100.205©(3)(MV), Requirement #7(1)(2), ~ubparagraphs .(A) or (B), Clear floor space shall be provided at fixtures to allow a person in a wheelchair or other mobility aid use of the fixtures. The clear floor space for the fixtures shall be shown on the plans and designate which option of Requirement #7 (A or B) is being used. I PARKS AND RECREATION Comments: 29. Since this development woUld be classified as most similar to a multi-family X development, the City should charge the applicant animpact fee of $656 per dwelling unit. The park impact fee for the 277 units would be $181,712. Payable prior to issuance of a building permit. 30. Submit detailed irrigati°n plans for right-of-way landscape and irrigation X improvements during the construction document permitting stage, for review and approval by Parks Department and Public Works Department staff. Include on the plan the location of any existing irrigation in the right-of-way. FORESTERfENVIRONMENTALIST Commonly: Existin~ Trees 31. The applicant must identify and quantify the Royal and Washington Palm X trees that exist throughout the site. The landscape plans should indicate the existing trees that will be preserved, or relocated throughout the site. These l trees should be shown with an appropriate symbol on the landscape plans. PLANNIt. G AND ZONING Comments: 32. Traffic study must meet the requirements of Palm Beach County traffic X engineering prior to building permit. 33. All utility, storm sewer and access easements in conflict with the proposed X building must be abandoned and relocated prior to issuance of a building permit for this phase of the project. 34. Provide traffic control markings (stop signs/stop bars) at both entrances to the X parking garage. DEPARTMENTS INCLUDE REJECT 35. Drive aisle width in the parking garage should be 24 feet. Provide a X dimension on the site plan sheet A2. 36. Who will construct improvements on Boynton Beach Boulevard? These X improvements are needed to accommodate the access to the Building No. 1 Lobby and parking garage. Provide details regarding construction plans and time frame prior t° issu~ce o'f a building permit. 37. At time of permitting provide a landscape plan for the off-site dumpster area. X (Ch.7.5,Art.lI, Sec.5.J.) 38. No site signage was submitted for approval, signage plans to be submitted X separatel~ fo; CRA Board and City Commission approval. 39. Submit a color elevation drawing for all sides of Bui'ldings No.1 and No.2 X prior to the CRA Board meeting. 40. All rooftop equipment must be screened from view at a minimum distance of X 600 feet. (Ch.9.Sec. 11) 41. Site plan is subject to approval of the rezoning request to MU-H. ' X 42. There is a discrepancy in the total gross acreage for the project. The site plan ' X sheet A-2 indicates 7.349 (includes ½ of Casa Loma) and the survey indicates 6.93. Correct the survey to reflect the correct project area. ADDITIONAL COMMUNITY REDEVELOPMENT BOARD CONDITIONS Comments: 43. Lighten the paint color proposed for the ends of the parking garage (approx. X 2 shades). 44. Smce this development would b.e classified as most similar to a multi-family X development, the City should charge the applicant an impact fee of $656 per dwelling unit. Condition #29 is corrected to include the following unit total and impact fee calculation: 282 units and $184,992. 45. Minimum tree sizes planted along the west side of the project shall be 16 feet. X ADDITIONAL 'CITY COMMISSION CONDITIONS Comments: 1. To be determined. Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 V 'I.-CONSENT AGENDA I'TEM E.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOIl. Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15. 2002 [] November 6, 2002 Date Final Form Must l~r-Tumed in to City Clerk's Office September 16, 2002 (N~?~) ' ;* ~ E September 30, 2002 (N0~) -- ~-~ October 14, 2002 (Noon) September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfirfished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the August 20, 2002 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board recommends that the subject request be approved subject to staff comments and the additional condition requiring an increase in block material on the front and side facades. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-158. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Vermeer Southeast Sales (NWSP 02-013) Ken Kruger, P.E. Boynton Industrial Park Association 1060 W. Industrial Avenue Request for site plan approval for a 14,000 square foot light industrial facility in a M-1 zoning district on a 4.32-acre parcel. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Devel ~~~nt~D~:or ! ~-it37 Manager's Signature Planning and ~ing ] ir City Attorney / Finance / Human Resources s :XPIarming\SHARED\WP~PROJECTS\Vermeer Soutaheast S alesXNWSP 02-013~genda Item Request Vermeer Southeast Sales NWSP 02-013 8-20-02.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 02-158 DESCRIPTI.ON OF PROJECT. Project Name/No.: PropertY Owner: Applicant/Agent: Location: Land Use/Zoning: Type of Use: Project Size: August6,2002 vIMISSION Vermeer Southeast Sales/NWSP 02-013, Boynton Industrial Park Association. Mr. Ken Kruger, P.E.. Lots 6, 7 and 8 of Boynton Beach Industrial Park North. Light Industrial / M-1. I ndustrial/VVarehouse. Site Area: Building Area: First floor: Second floor: Total: Lot Coverage: 4.32 acres (186,179 square feet) 10,222 square feet 4,000 square feet 14,222 square feet 5.4 % Adjacent Uses: (See Exhibit "A" - Location Map) North Vacant property with an Industrial land use designation and zoned Light Industrial (M-l); South - Vacant property with an Industrial land use designation and zoned Light Industrial (M-l); East C.S.X. RailrOad Right-of-Way; and West West Industrial Avenue right-of, way, farther west are developed single-family homes with a Low Density Residential designation and zoned R-1-A. Site Characteristics: The site is composed of three (3) lots totaling 4.32 acres. The site contains a 32-inch Ficus tree and is predominatelyvegetated with a variety of overgrown grasses. The City's Forrester / Environmentalist reports that a native scrub habitat may exist along the eastern property line because of an existing gopher tortoise permit for the site. There is no other vegetation of any significance on the site. The subject property is surrounded by other industrial uses, and zoned M-I. Proposal: The develOper is proposing to construct a 14,222 square foot building to be located on a vacant 4.32-acre parcel. An "open equipment display" area is proposed at the rear of the building. The building with its related parking will be for a business that services and sells construction machinery (See. Exhibit "B"- Proposed Site Plan). Page 2 Vermeer Southeast Sales Site Plan Review Staff Report Memorandum No. PZ 02-158 Concurrency: a. Traffic- b. Drainage- Driveways: Parking Facility:. Landscaping: A'traffic statement for this project was submitted and was sent to the Palm Beach County Traffic Division for their review and approval: The Palm BeaCh COunty. Traffic Division determined the project is in compliance with the Traffic Performance Standards of Palm Beach County. Conceptual drainage information was provided for the city's review. The city's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred to time of permit review. The proposed project includes two (2) main points of ingress / egress along West Industrial Avenue. Each entrance would be comprised of a 24-foot wide ingress driveway and a 24-foot wide egress driveway, for a total of 48 feet in width for each. Each point of ingress / egress will have a stdped median in the center of the opening to direct vehicular traffic in and out of the s~bject property. The north entrance .will be shared with the project to the north (Lot 9). Collectively, the driveway will be 48 feet in width (24 feet of ddveway width on the subject property and 24 feet of driveWay width on Lot 9). The south entrance will be shared with :the project to the south (Lot 5). Similar to the other driveway, it too will be 48 feet in width (24 feet of driveway width on the subject property in conjunction with 24 feet of driveway width on Lot 5). A cross-access agreement is required between Vermeer Southeast Sales (subject property) and the affected abutting parcels (to the north and south) in order to share the points of ingress / egress as proposed on the site plan. This recommendation is included in Exhibit "C"- Conditions of Approval). Since the project is within the Community Redevelopment Agency boundaries, the required backup distance for parking lot drive aisles can be reduced from 27 feet to 24 ,feet in width. However, the proposed on-site traffic circulation system includes one (1); two-way drive aisle 35-feet in width. This drive aisle: is proposed to extend from the north and south property lines. Driveway cirCUlation is proposed around the entire building. The parking spaces required for the proposed project have been tabulated based On the ratio of one (1) space per 500 square feet of gross floor area, which is required for manufacturing :and industrial uses. A 14,222 square foot building will require a minimum of 29 spaces. The site plan proposes a total of 33 spaces for the proposed use, which included two (2) handicap spaces. All parking spaces excluding the handicap spaces will be dimensioned at least nine (9) feet by eighteen feet (9' x 18'), and will include wheel stops. The proposed project is also providing one (1) 20-foot wide by 57.5-foot long loading area located in the southeastern portion ofthe site. The landscaping of the site will fully meet the code requirements when staff comments are incorporated. The proposed pervious or "green" area is 60,934 square feet or 32.4% of the total site. Four percent (4%) of the Page 3 Vermeer Southeast Sales Site Plan Review Staff Report Memorandum No. PZ 02-158 pervious area will be located within the parking areas. A 50-foot wide drainage easement with a 10-foot wide Florida Power & Light easement is located along the western (front) property line. A seven (7) foot wide Iora (5) .[ S '~C" - a five of the the of ;hapter Building and Site Regulations: Building and site regulations will fully meet code when staff comments are incorporated into the permit dra~ngs. Community Design Plan: The will have Avenue white metal:si on the side (south Industrial Avenue. Th door entry will be dark g as viewed from the front (west) elevation (see one-story steel industrial structures The proposed building front fac,.ade West Industrial building is to be constructed of These doors are located will not be visible from West ndow tdms, eaves, and the double Signage: the Pf inck ,ide sign measuring 42 square company's name, and one the Vermeer logo is proposed to be pole drainage easement. The )mply with sign standards set forth in the Land 21 RECOMMENDATION: The Planning and Zoning Division recommends that this request for site plan approval be approved, subject to the comments included in Exhibit I'C" - Conditions of Approval. 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~SHRDATA~Planning~SHARED'~WI:APROJECTS~,Venmeer Southeast Sales~NWS~Site Dian staff report.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME & ADDRESS: Vermeer Southeast Sales 1060 West Industrial Avenue APPLICANT'S AGENT: Kenneth Kruger, P.E. APPLICANT'S ADDRESS: 6792 Red Reef Street Lake Worth, FL. 33467 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 20, 2002 TYPE OF RELIEF SOUGHT: Request for site plan approval for a 14,222 square foot light industrial facility in an M-1 zoning district on a 4.32 acre parcel. LOCATION OF PROPERTY: 1060 West Industrial Avenue 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 HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:~Planning\SHARED\WP~PROJECTS\Vermeer Southeast Sales\NWSP 02-013~DO.dcc City Clerk Location Map Vermeer Southeast Sales EXHIBIT "A" 5O0 0 1000 Feet i N ............................ FXHIIAIT "IA" COAST LiNE ~NOW C.$.X,) RAILROAD {.AS ~E~ R zW ,~ TRACT MAP HARTER - .kDA.XlS P.A. EXHIBIT "B" LAUREL HILLS = THIRD ADDITION LAUREL HILLS,- FOURTH ADDITION ----~F55--]~6G~SRIAL AVE. SEABOARD COAST LINE (NOW C.S.X.) RAILROAD R/W CVLll E! IT "0' WEST INDUSTRIAL AVE. ...... ~-~7¢_- --f~ ~ I~ ] ..~.-,.-,~ ...... -~-~ ..... 4~,~__~-/ ........ s'~--~.~-~C:f-v~.~-~ , ~o~ ~ ', ~ < ' " - · ': l / .... · ................ -/- ¢ ................................. $1rABOARO COAST LiNE (NOW C.$.X.) RAILROAO 11 : i i EXHIBIT "B" AND PL4~N~S EXHIBIT "C" Conditions of Approval Project name: Vermeer Southeast Sales File number: NWSP 02-0:13 ReferenCe: 24 review plans with a July 23, 2002 Planning & Zoning date stamp marking. DEPART...~..,~ tNGLUDE REJECT PUBLIC WO~: General ' None . X Comments: ' :~ ~ ~ ~ , ': PUBLIC WO~- Traffic i Comments: ' , ~1. The shared ~ between the noted.! ,ts shall be declared in permanent . ~ ' :agreement(s) for booth properties. The ag ~ement(S)i at a minimum, shall ~ define the o~erkhip and maintenance re 'P0nsibilities of the driveway(s)I Copy(s) Of the i~hared Driveway" agreed de'at(s)shall be provided at the;time of permitting. ~i ! ~ i : ~ ! ~ ., irrn,lT $ ! , : Comments 2 :Fire flow CalC~ ~tions will be requieed demonstrating the City 7ode X requirement oft 500 g p m as state~l ~ the LDR, Cha~ter 6, Ar(ic~ IV,~ . Section 16, or tl~ requirement ~mposed~!y insurance aever: is m'eater (me~2 ~DE, Section 26-16(ai5, In addition, the LDR Chapter 6, ' ~le IV)~ee~i. ~ 16 requires that all ~bints on each building be within 200" feet of an exis~i~v' or Proposed fire hydrant. Please demonstrate that the plan , , Is' meets this conOil ~1, by showing all hy~hnt. X Comments: None VOLI( g : ' X Comments: None Comments: 3. Explain "South Line Lot 4 . ." and "N¢rth Line Lot 5..." notes shown in X the interior of Lot 7. 4. Provide all ~nformat~on on the drmnage:iplan in accordance with the LDR, X er 4 Section 7 F Inadeouate ~rari~ information has been ~rovided to Chapt , · · -~ ,,--~.~! Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT evaluate flow patterns in the parking lot. At the time of permitting, existing and proposed grades need to be shown around the site and details provided of the typical section(s) for. the aisles and proposed swales. 5. At time of permitting it may be necessary to replace or relocate large canopy X trees adjacent to light fixtures to eliminate future shadowing on the parking surface:(LDR, Chapter 23, Article II, Section A.l:b). 6. Landscaped areas shall be protected from vehicular encroachment by a X continuous, raised curb (LI3Ri Chapter 7.5, Article Iii Section 5.A. and Chapter 22, Article II, Secti°n E.) At time of permitting. 7. At time of permitting add a note to the landscape plan that within the sight X triangles there shall be an unobstructed cross-visibility at a level between 2.5 feet and 6 feet above the paVement (LDR, Chapter 7.5, Article II, Section 5.H.). 8. The LDR, Chapter 4, Section 7.C. 1 requires the site plan and landscape plan X to be at the same scale. The preferred scale is 1" = 30'. 9. The note stating that 100% irrigation coverage will be provided conflicts with X the proposed use of the back of the lot as Open Equipment Storage. Please resolve conflict at time of permitting. 10. On the site and civil plans, show and identify all necessary traffic control X devices such as stop bars, stop signs, double yellow lane separators striping, directional arrows andi "Do NOt Enter" signage, etc. Delineate and stripe the "Loading Area" (where applicable - LDR, Chapter 2, Section 11.J); include a pavement message in yellow indicating "No Parking - Loading Zone". See City Standard Drawings B,98001 and B-90013 for striping details. At time of permitting. 11. At time of permitting provide written and graphic scales on all sheets. X 12. Placement of fill will require an excavation & fill permit. The excavation & X fill permit may be obtained prior to final site plan approval through the Building Department. A surety'may be required as a condition of the permit approval. At time of permitting. 13. A copy of the consumptive use permit (through the SFWMD) will be required X to be provided during the site permitting process. BUILDING DIVISION Comments: 14. Identify the floor elevation that the design professional has established for the X building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). DEPARTMENTS INCLUDE REJECT 15. At time of permit review, provide a completed and executed City of Boynton Beach Unity of Title form. The form shall describe all lots, parcels or tracts : combined as one lot. A copy of the recOrded deed with legal descriptions, of each Property that is being U~ified; is'reqUired t° be Subrr~ted to p~cess the. form. ~e property owne~ that.is identifi~ on each deed shall match. :: 16. At time. of permit review, 'submi.t signed and sealed working dra~ngs of the. X proposed cons~ction. ~ , ~ ; : t7. At time of permit reviewl submit for review an addressing plan for the , X project. 18 A recorded copy of the Shared AcceSs Agreement for lots 9 and 6-8, and lots. 5 and 6-8 Shall be submitted to the Building Division at the time of permit X application. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 19. The applicant must show on the landscape plan the' replacement trees for the X existing 32-inch Ficus tree that will be removed from the site. These additional native trees should be shown with an appropriate symbol onthe landscape plan. 20. There may exist native scrub habitat along the Eastern property perimeter that X must be preserved as part of an existing gopher tortoise permit for the site. The Bahia sod or seed shown on the landscape plan may not be permitted in conjunction with the gopher tortoise permit. The applicant should address this with a statement on the landscape plan in consultation with the City Forester and an environmental consultant for the owner. PLANNING AND ZONING Comments: 21. The tabular data on the site plan shall include the maximum height allowed in X the Mi zoning district. 22. The landscape plan should show the location of all outdoor freestanding X lighting structures. Provide a detail of the proposed outdoor lighting structure(s), including the dimensions, color, and material. Provide the same type of information if wall packs are to be used. 23. Landscaping at project entrances shall contain a minimum of one (1) X "signature tree" on both sides of the entrances (Chapter 7.5, Article II, Section 5.N.). Note that signature trees do not contribute toward the total Conditions of Approval DEPARTMENTS INCLUDE REJECT number of required perimeter trees or parking area interior landscaping. Provide one (1) addition.al signature tree, such as Yellow Elder, Tibouchina granulose, or Bougainvillea at each side of the project entrance. These signature trees shall have a minimum of six (6) feet of clear trunk to preserve the sight area. 24. The landscape buffer adjacent to West Industrial Avenue shall contain X another layer of plant material. This layer of plant material shall be a combination of colorful groundcover plants and a minimum of two colorful shrub species planted in a continuous row. 25. All above ground mechanical equipment such as exterior utility boxes, X meters, and transformers proposed in front of the building shall be visually screened (Chapter 9, Section 10.C.4). Equipment placed on the walls of the building shall be painted to match the building color. 26. Add location of sign to landscape plan and show at base of the monument X sign enhanced with colorful groundcover plants and a minimum of two (2) colorful shrub species (Chapter 7.5, Article Il, Section 5.O.). " 27. Correct inconsistency between pages 1 (Concept Site Plan) and LP-1 X (Landscape Plan) regarding the footprint/square footage of the proposed building. Page LP-1 shows a building footprint of 10,000 square feet while page 1 shows 10,222 square feet. 28. Provide an improved representation of the proposed monument sign with the X company logo, including the height dimension above grade as well as above road grade, total signage area and materials / colors which accurately show the appearance in order to confirm architectural compatibility with the building. The maximum allowable signage area is 64 square feet on each side. In addition, clearly identify the site address at the top of the monument sign. 29. Provide an improved representation of the proposed wall sign along the west X elevation with calculation methodology, including total signage area and materials / colors. If more than one logo exist for the company, provide the details for each logo. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 30. ' Increase that portion of the facade to be covered by block from 2' 8" up X from grade to 8 feet up from grade DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS Comments: ,-, 1. To bedeterrmnea. . , ~ ~ ~: ~ , S:\Planning\SHARED\WP\PROJECTS~Vermeer Southeast Sales\NV~SP 02-013\Condition of Approval 2 page revised 2002 form,doc Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FC Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19,2002 VII.-CONSENT AGENDA ITEM F Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM RECOMMENDATION: [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] city Manager's ~eport Motion to authorize the purchase of 7 parcels of land (9 different lots) from 7 private property owners in order to construct a series of retention ponds associated with the N.E. 7~ to 10th Stormwater Improvement project. EXPLANATION: The Utilities Department is attempting to acquire a total of 14 different parcels of land from 11 private property owners for the purpose of building stormwater retention areas in the N.E. 7th to 10th Avenues stormwater improvement project area. To date, we have secured 7 of the needed 14 parcels, either via an option to purchase or a direct purchase contract. This agenda item is to authorize the actual purchases at the agreed upon contract amounts. Included with this packet is a spreadsheet of the 7 recommended purchases, along with the coverletter from our Real Estate Administrator outlining the component monetary steps to the purchase, along with a copy of the appraisal for each purchase. At this point, we have only been able to secure 7 of the 14 parcels that we ultimately need. The remaining 7 are still in negotiation with the property owners. They are not being advanced to the City Commission for purchase at this time, either because we feel the property owner is asking too much money for the property, there is not clear title to the property in question, or there is some other roadblock to bringing the purchase forward. We will do our best to wrap up those last 7 parcels as soon as possible, but the City Commission needs to be aware that we may need to use some method of acquisition other than a negotiated purchase. We may need to have the City Commission consider eminent domain in certain cases. SSBULLETIN~ORMS~AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: Acquisition of these parcels will allow us to move forward with the N.E. 7th to N.E. 10th Avenue Stormwater Improvement Project. FISCAL IMPACT: The total amount of all 7 purchases is $201',000.00. Of that amount, $4,600.00 has already been placed in escrow, either as a non-refundable fee or as a 1~ refundable escrow deposit. Money is available in account 407-5000-590-96-07 to acquire all 7 parcels. ALTERNATIVES: Not to authorize the purchase. Doing so, however, will end the N.E. 7t~ to N.E. 10th Avenue Stormwater Improvement Project. Department Head s ~ignature Utilities Department Name City Attorn~ Ll~n~knee / Human Resources S:kBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC July 20, 2002 Mr. Dale S. Sugerman Assistant City Manager The City of Boynton Beach 100 East Boynton Beach Boulevard l0 Florida 33425-0310 RE: Task Authorization No. Two Storm-water Improvement Project Dear Mr. Sugerman; The Urban Group, Inc., (TUG) is now in receipt of an Option Contract in connection with the above-cited project. TUG has negotiated this contract with the property owner, Mr. and Mrs. Dale Carsrud, offering a total sum of ($79,000.00) for the property. Seller: Dale and Ghislaine Carsrud Subject P.r, eperty Location: Block 5, Lot 1 Date Own er Executed Option: July 20, 2002 Fee for Option, (non-refundable):$ 150.00 1st Refundable Escrow Deposit: $ 1,000.00 2~ Refundable Escrow Deposit: $ 1,000,00 Purchase Price: $79,000.00 Dueto Seller when option fully executed Due in escrow within five days of execution Due in escrow upon exercise of option Due at Closing, less deposits TUG has negotiated this option contract in excess of the price range previously approved. The Carsruds were in the process of building on this site Although they have not broke ground, they have $20,000 in expenses and have provided receipts. TUG believes this purchase is in the best interest of the City and we are currently seeking your concurrence. The contract requires buyer approval by June 27, 2002· If approved, TUG requests a total sum of $1,150.00 be wired to the TUG account, we will disburse $150.00 to the seller, (Fee for Option) and hold $1,000.00 in our escrow account, (First Refundable Escrow Deposit). Should you wish to discuss the contents of this correspondence you may reach 'me at (888) 522-6226, extension 127. Sincerely, Approved, Jim Nardi Project Manager JJN/jn CC: THE CITY OF BOYNTON BEACH ~~Dale~g~'an Assistant City Manager Howard W. Steinholz, The Urban Group, Inc. File JUL 2!3 2002 BOYNTON BEACH UTILITIES; July 31, 2002 Mr. James Nardi City of Boynton Beach Real Estate Administrator c/o The Urban Group 1424 South Andrews Avenue Suite 200 Fort Lauderdale. Florida 33316 REAL PROPERTY ANALYSTS Re: Land Owner: Carsrud, Dale & Ghislaine RPA File No: 02-328 Dear Irk. Nardi: Per your request, we have reviewed the above captioned property for the put'pose of providing you with a current vatuation on this vacant land parcel. The purpose of our analysis is to estimate the market value l~br usc tn potential acquisition of the property. We have prepared the attached Summary Appraksal Report which contains a recapitulation of the data utilized to prepare this complete appraisal. If any additional data is required please advise. Based upon our inspection of the property and market data analysis, it our opimon that the market value of the property, legally described herein, as of July 31. 2002 is as follows: SIXTY THOUSAND DOLLARS ($6O,OO0) Sincemly, REA~ER~Y ANALYSTS J~ed(h/~ rCiitler, ASA iS/ta~e Certified General R.E. Appraiser No. 0001402 -3E-~,'a2C 520C - Fax 954/420*5388 May 13, 2002 Mr. Dale S. SUgerman Assistant City Manager The City of Boynton Beach 100 East Boynton Beach Boulevard Post Office l~ox 310 Boynton Beach, Florida 33425-0310 RE: Two ~roject Dear Mr. Sugerman; The Urban Group, Inc., (TUG) is now in receipt of an Option Contract in connection with the above-cited project. TUG has negotiated this contract with the property owner, Mr. James Miriana, offering a total sum of ($15,000.00) fOr the property. Seller:. James Miriana Subject Property Location: Block 5, Lot 3 Date Owner Executed Option: May 9, 2002 Fee for Option, (non-refundable):$ 150.00 1st Refundable Escrow Deposit: $ 1,000,00 2"a Refundable Escrow Deposit: $ 1,000.00 Purchase Price: $15,000.00 Due to Seller when option fully executed Due in escrow within five days of execution Due in escrow upon exercise of option Due at Closing, less deposits TUG has negotiated.this option contract within the price range previously approved, however we are currently seeking your concurrence. If the City is in agreement with this option contract, we request a total sum of $1,150.00 be wired to the TUG account. This includes the Fee for Option, ($150.00) and the First Refundable Escrow Deposit, ($1,000..00). The contract requires buyer approval by May 20, 2002. If approved, TUG will disburse $150.00 to the seller and hold $1,000.00 in our escrow account. Should you wish to discuss the contents of this correspondence you may reach me at (888) 522-6226, extension 127. Sincerely, Approved, AN GR~,OU~, Project Manager INC. THE CITY OF BOYNTON BEACH Dale S. Sugerman Assistant City Manager JJN/jn cc: Howard W. Steinholz, The Urban Group, Inc. File t,,IAY }5.2O02 BOYNTON BEACH UTILITIES The Urban Group, Inc. · 1424 South Andrews Avenue · Suite 200 · Fort Lauderdale, Florida 33316 TELEPHONE 954-522-6226 · FAX July 31,2002 Mr. Jimi¢s Nardi City of Bo?nton Beach Real Estate Administrator cio The Urban Group 1424 South Andrews Avenue Suite 200 Fort Lauderdale, Florida 33316 REAL PROPERTY, ANALYSTS Re: Land Owner: Mariana. James P. RPA File No: 02-328 Dear Mr. Nardi: Per your request, we have reviewed the above captioned property for the purpose of providing you with a current valuation on this vacant land parcel. The purpose of our analysis is to estimate the market value for use in potential acquisition of the property. We have prepared the attached Summary Appraisal Report which contains a recapitulation or the data utitized to prepare this complete appraisal. If any additional data is required please advise. Based upon our inspection of the property mad market data analysis, it our opinion that the market value of the property, legally described herein, as of Suly 31, 2002 is as follows: FORTY THOUSAND DOLLARS ($40,000) Sincerely, REAL PROPERTY ANALYSTS ller, ASA ?ate Certified Genmal R.E. Appraiser No. 0001402 ' 'J..'3'2 S Fe,.qerau 1.1:gm?,ay S,Jite 202 - Deerfle;d Beach. ~-L 33~IA ~ 5}E-~..'42C 52C"3 ' Fax 954/420-5388 ' Ema~h reaiprop,~fiare r~et June 4,2002 Mr. Dale S. Sugerman Assistant C The City 100 Beach Boulevard 310 Flodda 33425-0310 RE: Task Authorization No. Two Storm-water:Improvement Project Dear Mr. Sugerman; The Urban Group, Inc., (TUG) is now in receipt of a Sale and Purchase Contract in connection with the above-cited project. TUG has negotiated this contract through the pro. perty owner's Broker. The property owner, Rose Marcellino Trust, has presented this offer to sell to the City for the sum of ($49,500.00). The seller was not willing to execute an option contract and therefore it was suggested that the seller make an "offer to sell" to the City. Upon receipt of the seller's contract, several errors from the type of contract to the math computations were noted. Accordingly, TUG has authored new contracts for the City to review for approval. Attached please find the aforementioned contracts, and a summary of the terms the seller is seeking within their offer to sell. Should you wish to discuss the contents of this correspondence you may reach me at (888) 522-6226, extension 127. Sincerely, Project Manager JJN/jn JUN 0 6 2002 BOYNTON BEACH UTILITIES CC: Howard W. Steinholz, The Urban Group, Inc. File The Urban Group, Inc. · 1424 South Andrews Avenue · Suite 200 · Fort Lauderdale, Florida 333 16 PURCHASE AND SALE CONTRACT Seller: Rose Marcellino Trust Subject ProPerty Location: Block 1, Lots 1, 2 & 3 Purchase Price: Contract purchase pdce: $49,5OO.00 Deposits: Non-refundable Escrow Deposit: $ 4,950.00 Balance $44,500.00 Due in escrow prior to Buyer's execution Due at Closing Other Terms: No financing contingency Closing by September 30, 2002 Buyer to pay for Owner's .title policy, search, examination and other related charges Buyer to pay Coldwell Banker Real Estate, Inc. a processing/handling fee of $195.00 Buyer to pay State Documentary Stamp tax Feasibility Study: At Buyer's expense the contract offers a 90 day review period for feasibility for it's intended use. In the event the property does not meet required criteda or the environmental assessment discovers hazardous material on site, the City has the ability to terminate the contract and be refunded deposits. Comments/Recommendations: The original "offer to sell" contract submitted by the property owners did not offer a feasibility study. The Urban Group, Inc. has added the feasibility study to their contract. With this modification and concurrence by the City Attorney's office The Urban Group recommends acceptance of this offer. July 3t. 2002 Mr. James Nardi City of Boynton Beach Real Estate Administrator c/o The Urban Group 1424 South Andrews Avenue Suite 200 Fort Lauderdale, Florida 33316 REAL PROPERTY ANALYSTS Re: Land Owner: Marceilino, Rose RPA File No: 02-328 Dear Mr. Nardi: Per your reque-st, we have reviewed the above captioned property for the purpose of providing you with a current valuation on this vacant land parcel. The [mrpose of our analysis is to estimate the market value for use in potential acquisition of the property. We have prepared the attached Summary Appraisal Report which contains a recapitulation of the data utilized to prepare this complete appraisal If any additional data is required please advise. Based upon our inspection of tim property and market data analysis, it our opinion that the nmrket value of the property, legally described herein, as of Jttly 31, 2002 is as follows: I*'OR'rY FIVE THOUSAND DOLLARS ($45,000) Sincerely, J,.6,~ph E .~,litler, AS A )~ate Certified General R.E. Appraiser No. 0001402 June 4,2002 Mr. Dale S. Sugerman Assistant City Manager The City of Boynton BeaCh 100 East Boynton Beach Boulevard Post Office Box 310 Boynton Beach, Flodda 33425-0310 RE: Task Authorization No. Two Storm-water Improvement Project Dear Mr. Sugerman; The Urban Group, Inc., (TUG) has been awaiting the arrival ora Sale and Purchase Contract in connection with the above-cited project. It is TUG's understanding, through the property owner's Broker, that a contract is forthcoming. The property owner, The Estate of Salvatore Gatto, is to present an offer to sell to the City for the sum of ($15,000.00). The seller was not willing to execute an option contract and therefore it was suggested that the seller make an "offer to sell" to the City. To this date, The Urban Group has not received the promised contract. Accordingly, TUG has authored a contract which is based on the figures the owner discussed with his Broker. In order to expedite the process TUG is forwarding this contract for the City's review for approval. Attached please find the aforementioned contract, and a summary of the terms the seller is seeking. Should you wish to discuss the contents of this correspondence you may reach me at (888) 522-6226, extension 127. Sincerely, Project Manager JJN/jn JUN 0 6 7.667.. BOYNTON BEACH UTILITIES CC: Howard W. Steinholz, The Urban Group, Inc. File The Urban Group, Inc. · 1424 South Andrews Avenue · Suite 200 · Fort Lauderdale, Florida 33316 PURCHASE AND SALE CONTRACT Seller: The Estate of Salvatore Gatto Subject Property Location: Block 1, Lot 4 Purchase Price: Contract purchase pdce: $15,000.00 Deposits: Non-refundable Escrow Deposit: $ 1,500.00 Balance $13,500.00 Due in escrow prior to Buyer's execution Due at Closing Other Terms: No financing contingency Closing by September 30, 2002 Buyer to pay for Owner's title policy, search, examination and other related charges Buyer to pay Coldwell Banker Real Estate, Inc. a processing/handling fee of $195.00 Buyer to pay State Documentary Stamp tax Feasibility Study: At Buyer's expense the contract offers a 90 day review period for feasibility for it's intended use. In the event the property does not meet required criteria or the environmental assessment discovers hazardous material on site; the City has the ability to terminate the contract and be refunded deposits. Comments/Recommendations: Without any contract or "offer to sell" received to date, The Urban Group has prepared a Vacant Land Contract with a feasibility study clause. With this modification and concurrence by the City Attorney's office, The Urban Group recommends approval for the use of this contract and it's terms to negotiate a sale. July 31, '2002 Mr. Jame~ Nardi City of Boymon Beach Real Estate Administrator cio The Urban Group [424 South Andrews Avenue Suite 200 Fort Lauderdale, Florida 33316 RF_.AL PROPERTY ANALYSTS Re: Land Owner: Gatto, Salvatore RPA File No: 02-328 Dem' Mr. Nardi: Per your request, we have reviewed the 'above captioned property for the purlx3se of providing you with a current valuation on this vacant land parcel. The purl)ese of our an',dysis is to estimate the market value for use hq potenti~ acquisition of the property. We have prepared the att'~ched Summary Appraisal Report which contains a recapitulation o£ the data utilized to prepare this complete appraisal, ff any additional data is required please advise. Based upon our inspection o[ the property and market data analysis, it om' opinion that the market value of the property, legally described herein, as of July 31, 2002 is as follows: Fii~VrEEN THOUSAND DOLLARS ($15,oom Sincerely, RE&L pR~PERTY~ ANALYSTS r, ASA ~'tate Certified General R.E. Appraiser No. 0001402 9~3.:1.,a20-5200 o ~'ax 95~;'~-20-5388 ' Ema4 ~ealprop:~.~ate.r~et June 4, 2002 Mr. Dale S. Sugerman Assistant City Manager Th( Beach ulevard 310 33425-0310 RE: Task Authorization No. Two Storm-water Improvement Project Dear Mr. Sugerman; The Urban Group, Inc., (TUG) is now in receipt of a Sale and Purchase Contract in connection with the above-cited project. TUG has negotiated this contract through the property owner's Broker. The property owners, Mr. and Mrs. Pflepsen, have presented this offer to sell to the City for the sum of ($15,000.00). The sellers were not willing to execute an option contract and therefore it was suggested that the seller make an "offer .to sell" to the City. Upon receipt of the seller's contract, several errors from the type of contract to the math computations were noted. Accordingly, TUG has authored new contracts for the City to review for approval. Attached please find the aforementioned contracts, and a summary of the terms the seller is seeking within their offer to sell. Should you wish to discuss the contents of this correspondence you may reach me at (888) 522-6226, extension 127. Sincerely, Jim Nardi Project Manager JJN/jn INC. JUN 0 6 2002 BOYNTON BEACH UTILITIES CC: Howard W. Steinholz, The Urban Group, Inc. File The Urban Group, Inc. · 1424 South Andrews Avenue · Suite 200 · Fort Lauderdale, Florida 33316 PURCHASE AND SALE CONTRACT Seller: Mr. and Mrs. Pflepsen Subject Property Location: Block 1, Lot 5 Purchase Price: Contract purchase price: $15,000.00 Deposits: Non-refundable Escrow Deposit: $ 1,500.00 Balance $13,500.00 Due in escrow prior to Buyer's execution Due at Closing Other Terms: No-financing contingency Closing by September 30, 2002 Buyer to pay for Owner's title Policy, search, examination and other related charges Buyer to pay Coldwell Banker Real Estate, Inc. a processing/handling fee of $195.00 Buyer to pay State Documentary Stamp tax Feasibility Study: At Buyer's expense the contract offers a 90 day review period for feasibility for it's intended use. In the event the property does not meet required criteria or the environmental assessment discovers hazardous material on site, the City has the ability to terminate the contract and be refunded deposits. Comments/Recommendations: The original "offer to sell" contract submitted by the property owners did not offer a feasibility study. The Urban Group, Inc. has added the feasibility study to their contract. With this modification and concurrence by the City Attorney's office The Urban Group recommends acceptance of this offer. July 31, '2002 Mr. Jante,~ Nardi City of Boynton Beach Real Estate Adminislu'ator c]o The Urban Group 1424 South Andrews Avenue Suite 200 Fort Lauderdale. Florida 33316 Re: Land Owner: Pflepsen, W & Susan RPA File No: 02-328 R~aL PROPERTY ANALYSTS Dear Mr. Nardi: Per your request, we have reviewed the above captioned property for the purpose o£ providing you with a current valuation on this vacant land parcel. The purpose of our analysis is to estimate the market value for use in potential acquisition of the property. We have prepared the atlached Summary Appraisal Report which contains a recapitulation of the data utilized to prepm'e this complete appraisal. If ~my additional data is required please advtse. Based upon our inspection of the property and market data analysis, it our opimoa that the market value or' the property, legally described herein, as of July 3 t. 2002 is as follows: FIFTEEN THOUSAND DOLLARS ($15,000) Sincerely, REAL.P~PERTY ANALYSTS .~are Certified General R,E. Appraiser No. 0001402 June 17, 2002 Mr. Dale S. Sugerman Assistant City Manager The City of Boynton Beach 100 East Boynton Beach Boulevard Post Office Box 310 Boynton Beach, Florida 33425-0310 RE: Task Authorization No. Two Storm-water Improvement Project Dear Mr. Sugerman; The Urban Group, Inc., ('rUG) is now in receipt of an Option Contract in connection with the above-cited project. TUG has negotiated this contract with the properly owner, Ms. Mary Bills, offedng a tota sum of ($15,000.00) for the property. Seller: Mary Bills Subject Property Location: Block 1, Lot 6 Date Owner Executed Option: June 10, 2002 Fee for Option, (non-refundable):$ 150.00 l~t Refundable Escrow Deposit: $ 1,000.00 2nd Refundable Escrow Deposit: $ 1,000.00 Purchase Price: $15,000.00 Due to Seller when option fully executed Due in escrow within five days of execution Due in escrow upon exercise of option Due at Closing, less deposits TUG has negotiated this option contract in excess, of the price range previously approved. Ms. Bills has added language to the contract stating the property will never be sold to a developer and will be maintained as a mangrove. TUG believes this purchase is in the best interest of the City and we are currently seeking your concurrence. The contract requires buyer approval by June 27, 2002. If approved, TUG requests a total sum of $1,150.00 be wired to the TUG account. We will disburse $150.00 to the seller, (Fee for Option) and hold $1,000.00 in our escrow account, (First Refundable Escrow Deposit). Should you wish to discuss the contents of this correspondence you may reach me at (888) 522- 6226, extension 127. Sincerely, Project Manager INC. Approved, THE CITY OF BOYNTON BEACH Dale S. Sugerman Assistant City Manager JJN~n File Howard W. Steinholz, The Urban Group, Inc, The Urban Group, Inc. · 1424 South Andrews Avenue · Suite 200 · Fort Lauderdale, Florida 33316 'T'RT.RPRONR 954-522-622fi * FAX 954-522-6422 REAL PROPERTY ANALYSTS July 31,2002 Mr. Jmnes Nardi City of Boynton Beach Real Estate Administrator cio The Urban Group 1424 South Andrews Avenue Suite 200 Fort Lauderdale. Florida 33316 Re: Land Owner: Bills, Mary, J. RPA File No: 02-328 Dear Mr. Nm'dj.: Pet' your ~equest, we have reviewed the above captioned property for the purpose of providing you with a current valuation on this vacant land parcel. The purpose of our analysis is to estimate the market value for use in potential acquisition of the property. We have prepared the attached Sormnary Appraisal Report which contains a recapitulation of the data utilized ro prepare this complete appraisal. [f any additional data is required please advise. Based upon our tnspection of the property and market data an~ysis, it our opinion that the market vMue of the propet~, legally described herein, as of July 3 t, 2002 is as follows: FII~FEEN THOUSAND DOLLARS ($15,1)00) Sincerely, REAL PR~ERT~ ANALYSTS ~~er, ASA kS~taffe C~rtified General R.E. Appraiser No. 0001402 95.a/d20-5200 ' FS× 95~,.'420-5388 ° ~"~-~! rea~Droc,~)gate.net July 29, 2002 Mr. Dale S. Sugerman Assistant City Manager The City of Boynton Beach 100 East Boynton Beach Boulevard Post Office Box 310 Boynton Beach, Flodda 33425-0310 RE: Task Authorization No. Two Storm-water Improvement Project Dear Mr. Sugerman; The Urban Group, Inc., (TUG) is now in receipt of an Option Contract in connection with the above-cited project. TUG has negotiated this contract with the property owner, Ms. Katherine Tucker, offering a total sum of ($12,500.00)for the property. Seller: Katherine Tucker Subject Property Location: Block 1, Lot 7 Date Owner Executed Option.= June 25,2002 Fee for Option, (non-refundable):$ 150.00 1st Refundable Escrow De posit: $ 1,000.00 2nd Refundable Escrow Deposit: $ 1,000.00 Purchase Price: $12,500.00 Due to Seller when option fully executed Due in escrow within five days of execution Due in escrow upon exercise of option Due at Closing, less deposits TUG has negotiated this option contract within the price range previously approved. TUG believes this purchase is in the best interest of the City and we are currently seeking your concurrence. The contract requires buyer approval by August 7, 2002. If approved, TUG requests a total sum of $1,150.00 be wired to the TUG account. We will disburse $150.00 to the seller, (Fee for Option) and hold $1,000.00 in our escrow account, (First Refundable .Escrow Deposit). Should you wish to discuss the contents of this correspondence you may reach me at (888) 522- 6226, extension 127. Sincerely, Approved, THE URBAN GROUP, INC. Project Manager THE CITY OF BOYNTON BEACH Dale S. Sugerman Assistant City Manager JJN/jn CC: Howard W. Steinholz, The Urban Group, Inc. File The Urban Group, Inc.. · 1424 South Andrews Avenue · Suite 200 · Fort Lauderdale, Florida 33316 REAL PROPERTY ANALYSTS July 31. 2002 Mr. James Nardi City of Boynton Beach Real Estate Administrator c/o The Urban Group 1424- South Andrews Avenue Suite 200 Fort Lauderd,'de~ Florida 33316 Re: Land Owner: Tucker, E.A. & Katherine RPA File No: 02-328 Dear Mr. Nardi: Per ytmr rextuest, we have reviewed the above captioned property £or the purpose of providing you with a cra-rent valuation on this vacant land parcel The purpose of our analysis is to estimate the mm'ket v',flue for use in potential acquisition of the property. We have prepared the attached Sunanary Appraisal Report which contains a recapitulation of the data utilized to prepare this complete appraisal. If any additional data is required please advise. Based upon our inspection of the property and market data analysis, it om' opinion that the market value of the property, legally described herein, as of July 31,2002 is as follows: F1DWEEN THOUSAND DOLLARS ($15,000) Sincerely', REAL p ~R~E~RTY ~..N,, ALYSTS Csj;~ph~. mffier, ASA ~q~'fite Certified General R.E. Appraiser No. 0001402 Requested City Commission Me~fing Dates [] August 6, 2002 ] August 20, 2002 [] Septomber 3, 2002 ] Septembex 17,2002 VII.-CONSENT AGENDA ITEM G. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR ,. Date Final Form Must be Turned in to City Cl~k's Office Iuly 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19; 2002 (Noon) Septembex 3, 2002 (8:00 a.m.) Requested City Commissmn Meeting Dates [] Oetobex 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19,2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30,2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM I~COMM~NDATION: [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report Motion to approve the spending of $1,512.50 of city funds by the Sister Cities International Steering Committee for incorporation fees, membership fees and participation in a trade show in Qufu, China in September of 2002. EXPLANATION: The City Commission has asked that all expenditures of city funds in support of the Sister Cities International program be approved by the City Commission prior to the actual expenditure of those funds. Attached is a request from Jeanne Heavilin, Chair of the Sister Cities International Committee asking approval for three different activities. The first is to pay the filing fees for incorporation of the Committee as a 501 (C) 3 not-for-profit entity. The second part of the request is for membership fees for both the International and State organizations. Finally, the committee is asking for $750.00 to be used toward the booth and literature expenses for the trade show being held in Qufu, China during the month of September. PROGRAM IMPACT: Use of City funds will go toward furthering the effort of the Sister Cities International Committee. S:x,BULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: At presenL there is only $975100 remaining in the current Sister Cities International line item budget of the Neighborhood Services DiviSiOn of the 2417-559-34-32). The new budget beginning has an appropriate,amount of allocation left. ALTERNATIVES: Not to approve the use of City funds by the Sister Cities International Steering Committee. City Manager/Neighborhood Services Department Name CitO Manager's Stgnature City Attomesff ~lna~e / Human Resourc ~at S:XBULLETINWORMS~GENDA ITEM REQUEST FORM.DOC FROM :SALEFISH REALTY INC TO: Dale Sugerman, City of Boynton Beach FROM: Jeanne Heavilin, Chair Sister Cities Steering Committee RE: Start-up funds Date: July 29, 2002 In order to proceed with the incorporation of the Sister CRies Committee, we need to file with both the Internal Revenue Service and thc State of Florida for a non-profit (501 C3) status. One of our first tasks, once incorporated, will be to raise funds to develop the programming that we intend to pursue. Concurrently, we have been invited to our .~ster city, Qufu, China, to participate in an international trade show in September, 2002, and are planning to do so with an exhibit that will both: describe Boynton Beach and invite the citizgrks of the Qufu area to visit us. We are requesting the following funds be approved by the City Commission to help us get started: IRS filing fees: $150.00 State of Florida filing fees: $ 87.50 Memhership/ Sister Cities lmemational $500.00 Membership/ Sister Cities International- Florida $ 25.00 Trade Show $750.00 (materials, translations, et al) $ I512.50 My understanding is that there are some funds available, but the City Commission rnttq approve our requem. If you need any additional information, please don't hesitate to con~act me. FROM :S~LEFISH REALTY INC FRX NO. :561 738 7911 Jul. 30 2002 01:54PM P1 Jeonr~e Noavilin Salefish Realty Inc. 532 East Ocean Ave Bo,~ton Beach FL 33435 Date: .., to: Fax~: Pages'._ ..... corn Your Hometown Realtors Working By Referral To Serve You Better. Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 NATURE OF AGENDA ITEM VII.-CONSENT AGENDA' ITEM H. CITY OF BOYNTON BEAC[ AGENDA ITEM QUEST FOhav Date Final Form Must be Tumed Requested CityCommission Date Final Form Must be Turned in to City Clerk's Office Meeting Dates in to CiW Clerk's Office July 17, 2002 (5:00 p.m.) [] October 1, 2002 September 16, 2002 (Noon) August 5, 2002 _(Noon) [] October 15, 2002 September 30, 2002 (Noon) August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans :~ ~ [] Consent Agenda [] New Business r-o [] Public Hearing [] Legal ~ [] Bids [] Unfinished Business r,o [] Announcement [] Presentation [] City Manager's Report "~ RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the months of June and July 2002 for informational purposes. EXPLANATION: Per Ordinance, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorize to execute a purchase order on behalf of the city for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager". Since there was no second Commission meeting in July 2002, the reports for June and July 2002 are being presented at the August 20, 2002 meeting. PROGRAM IMPACT: The new Ordinance has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, Assistant City Manager, and City Manager. FISCAL IMPACT: The change in Ordinance approved by Commission provides the impact of reducing paperwork by streamlining processes within the organization as defined in our City's Strategic Business Focus. This allows administration to maintain: internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be made. ALTERNATIVES: Revert back to the procedure prior to Ordinance change. / .~1 ~,'~~ Deputy Director of Financial Services City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:~BULLET1N~ORMSLAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTH ENDED JUNE 2002 1. Vendor: R & S Integrated Pr~)ducts Requesting Department: Devek~pment- Building Purchase Amount: $ 17,900.00 Contact Person: Nancy Byme Brief Description of Purchase: Outsourced document imaging for permit records, including plan sets, to reduce need for off-site paper storage. Source for Purchase: Vendor: Installations, Inc. Requesting Department: state Contract #250-2011-11 Utilities Department Fund Source: 001-2411-524-47-21 Microfilming/Imaging Purchase Amount: $ 17,120.00 Contact Person: Peter Mazzella Brief Description of Purchase: This purchase is for erecting bullet resistant barriers above and below the counters in the City Hall lobby area, which will also restrict access over the counter. The proposed security improvements will act to prevent entry to the secure portions of City Hall, and protect the em ployees from personal harm. Purchase will be made by a budget transfer from the Community Promotions account and Utility Contingency. Source for Purchase: Three Written Quotations 3. Vendor: S & F Construction Fund Source: 401-2825-536-62-01 Building Improvements Purchase Amount: $ 22,379.00 Requesting Department: Planning & Zoning Contact Person: Kevin Hallahan Brief Description of Purchase: Non-Conforming Landscape and Signage Pilot Program. Site owner for Lloyd's Plaza selected his general contractor S & F Construction, Inc. to perform site improvements. Based on the Commission approval of 01/02/01, the City is to fund 50% of costs for the site improvements Source for Purchase: Owner Selected Contractor Fund Source: 122-5000-590-01-08 Non-Conforming Pilot Pgm Vendor: Southeast Cycle L.L.C. Requesting Department: Public Works/Fleet Maintenance Purchase Amount: $ 10,000.00 Co ntact Person: Robert Lee Brief Description of Purchase: Provides a maintenance program for all Harley Davidson motorcycles assigned to Police Department. This is for maintenance and repairs outside the normal warranty work. Source for Purchase: Three Written Quotations Fund Source: 501-2516-519-46-31 Vehicle Maint. - Other The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2.56, and are now being presented to Co ~mrnl/~s~o~s required. City Manager Approval: Date: Presented to Commission for information on August 20, 2002. (Note: Report is due to Commission at the second meeting of each month. Since there was no second meeting during the month of July 2002 this report is presented at the second meeting in August 2002). 1 of 1 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTH ENDED JULY 2002 Vendor: Freightliner - West Palm Beach Requesting Department: Public Works/Fleet Maintenance Purchase Amount: $ 11,779.58 Contact Person: Robert Lee Brief DescriptiOn of Purchase: Fire'Rescue Unit #801 required an engine overhaul. Fleet Maintenance obtained two (2) quotes for the in-chassis engine overhaul. Attempts to obtain a third quote from Volvo of Palm Beach was unsuccessful. Due to being a public safety vehicle, and the specialized type of engine (Cummins engine) it was necessary to get the unit operational, therefore the Iow quote was accepted~ Source for Purchase: Two Written Quotations Fund Source: 501-2515-519-46-31 Vehicle Maint. - Other Vendor: Dell Purchase Amount: $ 19,584.00 Requesting Department: ITS Department Contact Person: John McNally Brief Description of Purchase: ITS originally budgeted for three (3)large expensive servers at $15,000 each. With the SAN project ITS has revisited the way disk storage is allocated. They will be able to use less expensive disk-less servers, attached to the SAN, to accommodate processing needs. The purchase of these eight (8) servers will be used; to replace out-dated domain controllers, file servers, and applications servers. Source for Purchase: State Contract #250-040-99-1 Fund Source: 001-1510-513-64-15 Computer Equipment The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2.56, and are now being presented to Comm~is~i~. City Manager Approval: Date: ~ --~'- ~"~ Presented to Commission for information on August 20, 2002. 1 of 1 Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VIII. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACI ITEM A AGENDA ITEM REQUEST Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to allow a brief presentation on the Palm Beach County Ordinance which prohibits landscape irrigation between the hours of 9:00 am and 5:00 pm in an effort to promote water conservation. The presentation will be made after the agenda item Legal B. Ordinances- Second Reading - Rates and Charges Ordinance 02-045. EXPLANATION: Palm Beach County has an ordinance currently on their books which prohibits landscape irrigation between the hours of 9:00 am and 5:00 pm. The question is being posed to the City Commission to see if the City of Boynton Beach should impose a similar restriction. PROGRAM IMPACT: Would help in the City's continuous effort to conserve water. FISCAL IMPACT: Imposing such a restriction could potentially reduce revenues to the Utility Fund, due to the lower usage. That lower usage and reduced revenues, however, would be acceptable to the Utility Department. S:~BULLETINWORMS'4~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Not to allow the presentation to be made. Department Head s ~gnature Utilities Department Name City Attorney / Finance / Human Resources SSBULLETIN~ORMSX, AGENDA ITEM REQUEST FORM.DOC Restrictions Palm Beach County ~rdiha~ 93-:! restdcts irrlgation of any residential, commercial, instltutional, governmental or Indus- trial landscape areas to the hours of:.' 5 p.m. to 9 a.m. Exem~ to this ordinance lndude: · LanOscape rrKJarJo by hand watering using a self. cancelling nazzle · Landscape Irrigation using.reclaimed water (purple pipes) · Operation of irrigation systems for system repair and maintenance · Rushing water mains for maintenance purposes ,, ~',ering newly planted grass and f011age~for the fi~ 45 days after installation · Irrigation for dust emisions as required by court or administrative action · Agricultural Irrigation with a water use permit For adclit~al infO~ati~, ~ct the PubliC Affairs DepaKmmtt at 355-2754. 10 12 1'/ 24 25 2'/ ~3 37 O&DZNAHC~ ~0, ,~ I~E MHKXKAB, it ~8 !the pOl~Cyo~ Palm BeachCoun~ CO ~onserve and pro~ect ~cs valuable a~d ¢~£~c~1 #a~er resources: and ~ed a "~ate~ Conservalt'~on P~in~, ~oc ~he conservation sa~s~y, welfare, end ~ual~y o£ l/~e for t~e existing and ~ucure re~de~s a~d vieieora ~o Palm Seach County b~ sss~u~'~g in ¢o~serv&c~o~ o~ ~Cs ~a~er resources; IAd COvn~' Bands ~h~t ~t ~s ~n ~he bes~ astarte,s o~ e~t~zene O~ Commies~oners o~ Pa~m'Beach CounC~ enae~ed'OrdLnance Number 91-S2. a aou~Cyw~o ordinaries ~os~ng permanent restrictions on landscape ? '10 11 ~4 28 30 through the u~a aZ e c~t~t~on s~ste~: and en~orcing.oount~ ~odes and ordinances, ~hrough ~he uae provisions O~ 8action 163.21, F~or~d& $~&~u~e~ (19g~), Ord~nnn~e~: of e~v~l penalt~ea for Violat~Qn of ~he prOV~siofll 0g the Water*and- Irrigation Coflse~vacion O~d~naflce; and ~he ~Cer and Zrr~glti~fl'co*n~ervat~on ordinance wil~ ~oteat the v~er r~s~u~ces o~ the Count~. ~ZSSZONS~S OF PALH BEACH C~Y, F~RZDA. that: ~.02 Th~s ~d~ntace shall be knovn es the "Palm ~each Coun~ ~Cer end zrr~gat~on coaserve~/o~ Ordinance". provided, nothing ~n ~h~s Ordinance ~hill be construed ~o red,eve a~ perso~ ~rom co~plXance ~ch &ny &ppX~c~ble regulations enacted I 3 4 5 & 3,3 '14 S3 ~4 X.03 'This Ordinanc~ ~S ad~pted, under: ~e &lthor~ty o! This pu~poae of this Ordinance ia ~o establish u regula~ofF l~ndscape l~r~eti~n conservation will be consis~n~ throu~ho~ ~eech county, ~ac~on 3. 3.01 The fo~lowlnq de[i~C~OWS shill apply wlCh~n ~his (a) Agrlcuttu~. The g~owing o~ £ara products including, ~asture lend, sod or nursery stock includi~g, buC ~o~ limi~e~ to, ornGmencal ~olAage and greenhouse plants. (bi ~od~.g~orce~ent O~ic~r/Code l~e¢~or. Any authorized est Or employee of ~he CovntM whose ~U~M is to ensure compliance Department o£ Environmental Resources ~anagamsnt. Cable~levisiofl, ~a~er utiti~iee end Planning. zoning' end (cS ~ervious, La~d sur'~a~e~ which do not allow the o£ wa~er in~ludiflg paved roi~s, sidewalks, lo~s ~nd highly compacted &rosa Lncluding shell or clay. ~han precipitation, {e) Xrr£oati~n systems', ~quipment and devi~es which deliver- · a~er Co ~iants being irriga~e~ i~aLuding. ~OC no~ limited to 3 1l L& lg 17 a£ ~ater.chrough valor m~nagemah~ sZscea~ from one location to (£) Parson, X~cludee am2 natural persom, individual, public or Private corporation, fi~, a~iociat~On, ~oinC venture. par~flerahip, municipel~t¥, governmental agency, I~J~clivAa~e~, public Q~icer or a~z o~her e~tthy WhatsOeVEr, or a~¥ co~bina~ton o~ s~Gh, jOintl~ cr asverall~, 4,el Z~rig~ion o~ anF residentis~, co~ereial0 institutional° goverflmsfltal or t~dusC~sl landscape areas shall be restrictsd ~o the hours c~ 5:00 F.~.' CO ~;00 4.0~ X~ shall be uflla~Eul Co operate or cause the o~ any irrigation syatsm or .device ~n a ~lnnar causing ~ater to be ~Is~ed, incl~ding., but no~ limited to, unnecessary ~a~ering inperviov~ a~eas, other th~.~ha~ which may occur incidea~al ~o the pro'er Opera~ion ~ the p~tmarM irrigation system, 4.03 Upon ~he eggective date o£ t~is Ordinance. new of this Ord~nlnce: 5.01 ~endSCap~-~riga~ion by ha~d wa~ering using ~ sel~- 5,o3 The oper&tio~ o~ irrigs~iofl systems for s~sten rspair and maintenance,. 3' 4 14 Where practical, concractor~.a~d uC~litie~ ~hall ~ir'ec~ ~c&~ vegff~sC~on. S.05 ~andscep~ ~r~igs~ion £o~ purpose~ o~ ~ering in ~imite4 ko manu~ac~u~er'~ recommendations. ~e~ly plen~ed g~ass and ~o~iage for ~ha £~tst £orty-~fve days a~Cer 5.07 ~rr~gaC/on ic~iviCy ~or dus~ emissiom~ requfre4 by court ~e~mi~Ced by-i Consu~p~ive or water ~se permf~ issued by the Section $. =e shill constitute a ¥~ol&t~on O~ a COUnty Ordinance, and say bi p.~A~shed as P~ovfded by Section ~2$.6g{lJ,.Flori~sCUtes. 6,0~ ViOls~on~ o~ the provisions of'th~s oFdlns~ce may also c~vLt ~n~raat~on v~Ch · ~ax~vm c~vi~ pen~l~y no~ to ~xceed dollsrs (SSOO,O0), aa set fort~ in Ordinance Nu~ber 90-4S, as amended - ~hs Code'~n~orcemen~ Citation System Ordinance. ~.03 Each ~ay in violation, of the provisio~s of th~s Ordinance sha~l cons~i~u-te i oepirate G 7 '13 ~4 15 ~7 ~0 33 ~4 26 6,05 .All men,es collecCed pvrsuant t~ th~ Ordinance shall bt ~ep~siced in the Palm Beach Coun~ Poll~i~n T~U~ Fu~d or ?.ol An~ Person a~gecCed by the provisions og ~his OrdinanCe may:meke~e~plfca~lon ~o ~he County Adminis~rator, or~is-desXg~eeo and inequitable hardship on such p~rson. Reiie~ ~aF be granted o~ly 2Pon a demonstration chaC ~uch ~ardship is Peculiar to the person or the a~fecced property afl~ is not self-imposed, and incsn't and purpose 0£ th~s OrdinAnce, An~ application for variance or appeal shall be seh~ bM certigied' ~ail', raburn requested, 7.0~ Upon received an epplica~i~n got ver~snceo the Ca~ty Administrator. n~ his designee, shall rende~ · 'decision cn the variance within ten (10) working days. Denials o~ variance relie£ may be appealed to the Environmental Ordi~aAce Appeals S~rd wihhin · .03 A~ application ~or a variance, ·nd/or the granting O~ pending enforcement ~cCtoh against ~he proper2¥ owner pursuant the p~ov~aicns of this ordinance. Sec~o~ ~. RBPZAL ~F LAWS ZN CO~F~ZCT $.0~ This Ordinance repeals and replaces 4 S G 12 2.4' 2.5 ~ny:seckion. p&ragraph, s~tence, clause, phrese, or word o~, tht~ Ordinance ~s [or any re&ion held by the ~our~ ~o be unconstitutional, inopara~ive or void, ~uc-h holding sha~l nec a~£ec~'~ remainder o£ ~his Ordinance. SectiO~ ~0. IN~LU~ON ~N ~ CO~ OF tele~tered to ,~aco~lish such, a~d the word "ordinance' may bi 4 5 $ .12 13 17 3.9 . 3O 21 23 34 ~lL~ ~ie~h C~uAty, on ~he' ?. SAUER, CAE~K F~o~d~, on th~, the [sC a&~ o£ , Feb~utc¥ __, I[:31 A,H, end ~%ed ~A ~ht 0~¢~ of t~'¢~e~k o~ Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 XII. - LEGAL ITEM A.1 CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FORM Date Final Form Must be Turned . in to. City Clerk's Office July 17, 2002 (5:013 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) Requested City Commission Meeting Dates [] October l, 2002 [] October 15, 2002 [] November 6, 2002 Date Final Form Must ~n to City Clerk's Olde September 16, 2002 (Noo?m~[ September 30, 2002 ~o~ Ocmb~ 14, 2002 ~oon) September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcemem [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the August 20, 2002 City Commission Agenda under Legal, Ordinance - Second Reading. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-111. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Kensington Place (LUAR 02-003) Vince Zabik, Showcase Contractors, Inc. Vince Zabik, Showcase Contractors, Inc. South side of SE 23rd Avenue between Federal Highway and the Florida East Coast Railroad right-of-way Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to High Density Residential (HDR).. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A Developnj~nt D e~ent~-~ctor Planinn~ and Zonit/g~irector ~e City Attorney / Finance / Human Resources SAPIanning~SHARED\WPXPROJECTS~SHOWCASE CONTRACTORS~Kensington Place £k.a. Showcase TownhomesXLUAR 02-003XAgenda Item Request LAUR 02-003 Showcase Amend 2nd reading 8-20-02.dot S:XBULLETINZFORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- O~ .~ ORdINANCE,OF FLORIDA, REGARDING VACANT LOCATED ON THE SOUTH SIDE OF SE 23av AVENUE EAST WAY; OF THE CONFLICTS, DATE; AN EFFECTIVE WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WItEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land shall be designated as HDR (High Density Residential). Said land is more particularly described as follows: A portion of the Southwest Quarter of Section 33, Township 45 South, Range 43 East, Palm Beach County, Florida. The South 180 Feet of the North 245 Feet of the Southeast Quarter of Section 33 lying East of the East right of way line of the Florida East Coast Raikoad and West of the Westerly boundary of the Plat of Robinson Addition as recorded in Plat Book 23 at page 144 of the Public Records of Palm Beach County, Florida. Subject to easements of record. Section 2': That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances or pans of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective 31 days after adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FIRST READING this ~'/:~day of _~ u.3-"{- ,2002. SECOND, FINAL READING and PASSAGE this day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) s:ca\ord Land Use - Showcase DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDL~I NO. PZ 02-111 TO: FROM: Chairman and Members Community Redevelopment Agency Board Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June 3, 2002 Project/Applicant: PROJECT DESCRIPTION Kensington Place f..k.a.. Showcase Townhomes/Showcase Contracting, Inc. Agent: Owner: Location: Vince Zabik Showcase Realty and Contracting, Inc. South side of SE 23ra Ave. (Golf Road) between Federal Highway and the Florida East Coast Railroad right-of-way File No: Land Use Amendment/Rezoning (LUAR 02-003) Property Description: Vacant property consisting of 1.64 acres, classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial Proposed change/use: To reclassify the subject property from Local Retail Commercial (LRC) to High Density Residential (10.8 du/ac), and rezone from C-2, Neighborhood Commercial to Planned Unit Development (PUD). Adjacent North: South: East: West: Land Uses and Zoning: Right-of-way of SE 2Yd Ave. (Golf Road) then property designated Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial. The property is developed with a mLxrure of office, commercial and residential uses. Farther north, is property designated High Density Residential (HDR) and zoned R-3, Multi-family Residential and developed with a mixture of one and two-story single family, kluplex and multi-family dwelling units. Developed residential property (Los Mangos) designated High Density Residential (HDR) and zoned R-3, Multi-family Residential. The property nearest the subject parcel is developed with four-plex/townhome units; other property within the development contains a combination of townhomes and duplexes. Developed property designated Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial. A dental lab occupies the adjacent parcel and farther east are single-family homes. Florida East Coast Railway right-of-way, then the right-of-way of SE 2~ Street, then developed property) classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial. A medical office is under construction on the property. Page 2 File Number: LUAR 02-003 Kensington Place To~vnhomes PROJECT ANALYSIS The subject parcel totals -+ 1.62 acre. Because of the size of the property under consideration, the Florida Depa~ment of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state and regional plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9. Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. Policy 1.19.7 of the Future Land Use Element reads: "The City shall continue to change the land use and zoning to permit only residential or other non-commercial uses in areas where the demand for commercial uses will not increase, particularly in the Coastal Area." The subject property is located west of South Federal Highway and therefore is not in the hurricane evacuation area. It is, however, in the City-designated Coastal Planning Area and in the City's Community Redevelopment Area. The adopted "Federal Highway Corridor Community Redevelopment Plan" includes goals for the redevelopment of each of five planning areas in the corridor. The subject property is in Planning Area V, A specific goal for that area reads: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion." The proposed land use amendment and rezoning are compatible with policies in the Future Land Use Element of the Comprehensive Plan and with goals in the Federal Highway Corridor Community Redevelopment Plan. bo Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district un~elated to adjacent and nearby districts, or would constitute a grant of speciat privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district, but would relate to the adjacent lands to the south occupied by the Los Mangos residential development. Although other surrounding property is designated and zoned for neighborhood-servtng commercial development, the conversion from the older residential development to commercial uses has occurred only in spots along the portion of SE 23~ Avenue east of the railroad. c. Whether changed or changing conditions make the proposed rezoning desirable. The South Florida housing market has experienced a growing popularity of townhouse developments as a residential unit of choice. Developments similar to the proposed, with a small number of units, provide excellent opportunities for infill development and redevelopment in the Coastal Area of the City. Page 3 File Number: LUAR 02-003 Kensin~on Place Townhomes d. Whether the proposed use would be compatible with utility systems roadways, and other public facilities. The combined increase in demand for water and sewer services by the proposed development would be less than 300 gallons per day above the potential demand under the present land use designation and zoning. The Palm Beach County. Traffic project will generate no more the Performance Standards. determined that the rraffic With respect to solid waste, the SWA has stated within a letter dated December 18, 2001 that adequate capacity exists to accommodate the County's municipalities throughout the 10-year planning period. Lastly, drainage will also be reviewed in detail as part of the review of the site plan use application, and must satisfy all requirements of the city and local drainage permitting authorities. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. As stated above, the proposed use of the property would be a continuation of existing uses to the south, and because a majority of the adjacent property, fronting on SE 23~ Avenue remains in residential use, it would not be incompatible with those uses. f Whether the property is physically and economically developable under the existing zoning. The property is physically developable under the existing zoning. Given the location, size and configuration of the parcel, it would possibly develop as a small str/p center or medical offices. g. Whether the proposed rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed development is an excellent example of the types of redevelopment and infill projects that will help to underpin the redevelopment efforts in the Federal Highway Corridor and 'mil also increase the variety of types and styles to support general economic expansion. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are very few residentially designated sites in the City that would provide opportunities for a small to medium-sized developer to build a project of this size. CONCLUSIONS/REC OM~IENDATION .S. As indicated herein, this request xs conszstent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and w/ll contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Agency Board or required by the City Commission, they will be included as Exhibit "B". ATTACHMENTS ,\Ch\MAiN~HRDATA~Pla.nnmg~HARED~9,r~PROJ£C'I'S'~SHOWCA.~£ CONTILACTOR~Kcn.smgton Place £k.a. Showca.ne Townhom~\LUAR 02-003~taffregort.~]oc Location Map SHOWCASE TOWNHOMES ./ l £ C3 400 400 8O0 1200 Feet N Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 XlI. - LEGAL ITEM A. 2 CITY OF BOYNTON BEA( AGENDA ITEM REQUEST Date Final Form Must be Turned in to Cit~ Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to Cit~ Clerk's Office July 17, 2002 (5:00 p.m.) [] October 1, 2002 September 16, 2002 (Noon) August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consem Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the August 20, 2002 City Commission Agenda under Legal, Ordinance - Second Reading. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-111. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Kensington Place (LUAR 02-003) Vince Zabik, Showcase Contractors, Inc. Vince Zabik, Showcase Contractors, Inc. South side of SE 23~a Avenue between Federal Highway and the Florida East Coast Raikoad right-of-way Request to rezone from C-2 Neighborhood Commercial to PUD Planned Unit Development. PROGRAM IMPACT: N/A ' FISCAL IMPACT: N/A ALTERNATIVES: N/A Developm~t'DeI~ent0) irector Plannin~ and Zoning/Director City Attorney / Finance / Human Resources S:LPlanning~SHARED\WP~PROJECTSXSHOWCASE CONTRACTORSXKensington Place f.k.a. Showcase Townhomes~LUAR 02-003XAgenda Item Request LAUR 02-003 Showcase Rezone 2nd reading 8-20-02.dot S:~,BULLET1NZFORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- C~O AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, APPLICATION FOR SHOWCASE REALTY INC; AMENDING · CITY BY REGARDING THE REZONING BY AND CONTRACTING, ,'E 91-70 OF SAID LAND FOR AND AN EFFECT~ DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WI-IEREAS, Vince Zabik, as agent for Showcase Realty and Contracting, Inc., owner of the property more particularly described hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain tract of land consisting of 1.62 acres, said land being more particularly described hereinafter, from C-2 (Neighborhood Commercial) to PUD (Planned Unit Development); and WI-IEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section !: The following described land, located in the City of Boynton Beach, Florida as set forth as follows: A portion of the Southwest Quarter of Section 33, Township 45 South, Range 43 East, Palm Beach County, Florida. The South 180 Feet of the North 245 Feet of the Southeast Quarter of Section 33 lying East of the East right of way line of the Florida East Coast Raikoad and West of the Westerly boundary of the Plat of Robinson Addition as recorded in Plat Book 23 at page 144 of the Public Records of Palm Beach County, Florida. Subject to easements of record. be and the same is hereby rezoned from C-2 (Neighborhood Commercial) to PUD (Planned Unit Development). A location mag Ordinance by reference. Section 2: hereto as Exhibit "A" and made a part of this That the aforesaid Revised, Zoning Map of the City shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby !repealed. ' Section 4'. Should any section or provision of this Ordinance or any portion thereof 'remainderbe declaredofbythisa coUrtor tdinanceOf competent judsdiction to be invalid, such decision shall not affect the Section 5: This ordina, rjce shall become effective immediately upon passage. FIRST READING this ~ -~'--day of /~-~rc,(_~ tx ,5 ~t_ ,2002. SECOND, FINAL READING and PASSAGE this day of ., 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) s:ca\OrdkRezoning Showcase 06 !002 DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 02-111 TO: Chairman and Members Community Redevelopment Agency Board FROM: Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June 3, 2002 Project/Applicant: PROJECT DESCRIPTION Kensington Place f..k.a.. Showcase Townhomes/Showcase Contracting, Inc. Agent: Vince Zabik Owner: Showcase Realty and Contracting, Inc. Location: South side of SE 23rd Ave. (Golf Road) between Federal Highway and the Florida East Coast Railroad right-of-way File No: Land Use Amendment/Rezoning (LUAR 02-003) Property Description: Vacant property consisting of 1.64 acres, classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial Proposed change/use: To reclassify the subject property from Local Retail Commercial (LRC) to High Density Residential (10.8 du/ac), and rezone from C-2, Neighborhood Commercial ro Planned Unit Development (PUD). Adjacent North: South: East: West: Land Uses and Zoning: Right-of-way of SE 23~d Ave. (Golf Road) then property designated Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial. The property is developed with a mixture of office, commercial and residential uses. Farther north, is property designated High Density Residential (HDR)and zoned R-3, Multi-family Residential and developed with a mixture of one and two-story single family, duplex and multi-family dwelling units. Developed residential property (Los Mangos) designated High Density Residential (HDR) and zoned R-3, Multi-family Residential. The property nearest the subject parcel is developed with four-plerd townhome units; other property within the development contains a combination of townhomes and duplexes. Developed property designated Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial. A dental lab occupies the adjacent parcel and farther east are single-family homes. Florida East Coast Railway right-of-way, then the right-of-way of SE 2~a Street, then developed property) classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial medical office is under construction on the property. A Page 2 File Number: LUAR 02-003 Kensington Place Townhomes PROJECT ANALYSIS The subject parcel totals __.1.62 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not revie~ved for comp liance with the state and regional plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density e?:ceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, ye to be imposed on subsequent development of the property, in order to comply contained in the comprehensive plan. Policy 1.19.7 of the Future Land Use Element reads: "The City shall continue to change the land use and zoning to permit only residential or other non-commercial uses in areas where the demand for commercial uses will not increase, particularly in the Coastal Area." The subject property is located west of South Federal Highway and therefore is not in the humcane evacuation area. It is, however, in the City-designated Coastal Planning Area and in the City's Community Redevelopment Area. The adopted "Federal Highway Corridor Community Redevelopment Plan" includes goals for the redevelopment of each of five planning areas in the corridor. The subject property is in Planning Area V. A specific goal for that area reads: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing s~. les and types at intensities that will assist in supporting the downtown area and general economic expansion." The proposed land use amendment and rezoning are compatible with policies in the Future Land Use Element of the Comprehensive Plan and with goals in the Federal Highway Corridor Community Redevelopment Plan. Whether the proposed rezoning would be contrary to the established land use pattern, or ~vottld create an isolated district un[elated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district, but would relate to the adjacent lands to the south occupied by the Los Mangos residential development. Although other surrounding property is designated and zoned for neighborhood-serving commercial development, the conversion from the older residential development to commercial uses has occurred only in spots along the poruon of SE 23rd Avenue east of the railroad. c. Whether changed or changing conditions make the proposed rezoning desirable. The South Florida housing market has experienced a growing popularity of townhouse developments as a residential unit of choice. Developments similar to the proposed, with a small number of units, provide excellent opportunities for infill development and redevelopment in the Coastal Area of the City. Page 3 File Number: LUAR 02-003 Kensington Place Townhomes d. R~hether the proposed use would be compatible with utility systems, roadways, and other public facilities. The combined increase .in demand for water and sewer services by the proposed development would be less than 300 gallons per day above the potential demand under the present land use designation and zoning. The Palm Beach County Traffic Engineenng Division has reviewe project will generate no more the 200 additional trips per ( Performance Standards. determined that the With respect to solid waste, the SWA has stated within a letter dated December 18, 2001 that adequate capactry exists to accommodate the County's municipalities throughout the 10-year planning period. Lastly, drainage will also be reviewed in detail as part of the review of the site plan use application, and must satisfy all requirements of the city and local drainage permitting authorities. e. l~ether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. As stated above, the proposed use of the property would be a continuation of existing uses to the south, and because a majority of the adjacent property fronting on SE 23~d Avenue remains in residential use, it would not be incompatible with those uses. f. Whether the property is physically and economically developable under the existing zoning. The property is physically developable under the existing zoning. Given the location, size and configuration of the parcel, it would possibly develop as a small strip center or medical offices. g. Whether the proposed rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed development is an excellent example of the types of redevelopment and infill projects that will help to underpin the redevelopment efforts in the Federal Highway Corridor and will also increase the variety of types and styles to support general economic expansion. Ir~hether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are very few residentially designated sites in the City that would provide opportunities for a small to medium-sized developer to build a projeet of this size. CONCLUSIONSfRE COMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Agency Board or required by the City Commission, they will be included as Exhibit "B". ATTACHMENTS .,\ChxMAiN~HiLDATA,,Plannm~.SHARED,,WI~PROJECTS~SHOWCASE CONTRACTORS~,Kensin~on Place f.k.a. Showcase Town~mes',LUAR 02-003~tafftepo~.doc Location Map SHOWCASE TOWNHOMES ii ;' ! C1 C3 // 400 0 400 800 1200 Feet Requested City Commission Meeting Dates ~ August 6, 2002 [~' August 20, 2002 94a~ [] September 3, 2002 [] September 17, 2002 XII. - LEGAL ITEM A.3 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOI dvl Date Final Form Must be Turned into City Clerk's. Office July 17, 2002 (5:00p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m,) Requested City Comrmssion Meeting Dates [] October 1,2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing ~] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] C~ty Manager's Report RECOMMENDATION: Motion to approve amendments to Part II of the Code of Ordinances to provide for duties of the Code Compliance Administrator and other technical amendments; and amending Part III of the Code of Ordinances providing for the duties and the designation of the position of City Engineer as director of the Engineering Depariment and to provide for technical amendments. EXPLANATION: Amending Part II of the Code of Ordinances to provide for duties of the Code Compliance Administrator and other technical amendments; Amending Part HI, LDIL will provide for the establishment of the position of City Engineer as the Director of the Engineering Department, and for the City Engineer to take action with respect to technical services provided by the Engineering Department. Amending Part KI will also provide for deletion of obsolete language and clarification of existing provisions, including points of access, drainage, alterations to medians, work within rights-of-way, and processing of applications. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Deparuuent Head's Signature City Manager s Signature Department Name City Attom~/-P'~ance / Human Resources S:kBULLETIN~ORMSkAGENDA ITEM REQUEST FORM.DOC O IN CE NO.$ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BoYNToN BEACH, FLORIDA, AMENDING PART II OF THE CODE OF ORDINANCES TO PROVIDE FOR DUTIES FOR THE CODE COMPL~CE AND IN CODE OF "L~ liB. OF THE CITY RESPECT TO BY THE IN OF OF N EXHIBIT DRAINAGE, OF IVE DATE. WHEREAS, 'the City Commission for the City of Boynton Beach, Florida, ("City ommission") adopted Ordinance Number 095-02 on April 4, 1995, that revised and the City's regulations governing the use and development of land and property the City, in the best interest of the City, its residents, property owners, and visitors; and WHEREAS, the City Commission revised and. consolidated the City's Land Regulations ("LDR's") in to a comprehensive part of the City Code of Ordinances for ease of use and reference, as stated in Part 3 of the Code of Ordinances of the City of Boynton Beach, Florida; and WHEREAS, certain LDR's which establi.shedcritefia, standards, and specifications require periodic amendments; and WI-IEREAS, certain segments of the LDR's which require determination for the issuance of permits, signed statements, and permit approval are issued, signed and approved by the Development Director; and WI-IEREAS, the City Commission, in conjunction with City Administration, created the Department of Engineering, effective October 1, 1999, to be headed by an Engineering and WHEREAS, the Director of Engineering shall now be designated as the "City Engineer"; and WItEREAS, the requirements of the LDR's as they currently exists, require certain approvals, determinations, and directives, associated with technical services, and these shall City Engineer. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, TI-IAT: Section 1. That Part II of the City of Boynton Beach Code of Ordinances be, and same is hereby amended to provide that those segments of the City of Boynton Beach ~ode of Ordinances which refer to the "City Engineer" and "Director of Parks and to the "Code Compliance Administrator" as indicated in Exhibit "A' [ and incorporated herein by reference. Section 2. That Part 1II, entitled "Land Development Regulations" of the Code of of the City of Boynton Beach, Florida, be, and the same is hereby amended to that the title, "City Engineer" shall be inserted throughout Part m as indicated in "B" which is attached hereto, and incorporated herein by reference. 2 Section 3. That Part 1Ii, entitled "Land Development Regulations" of the City of Boynton Beach Code of Ordinances, is hereby amended so as to designate that actions associated with technical service provided by the Engineering Department, shall be by the City Engineer and not the Development Director as indicated in Exhibit 'B" which is attached hereto, and incorporated herein by reference. Section 4. That Part III, entitled "Land Development Regulations" of the City of Boynton Beach Code of Ordinances, be, and the same is hereby amended to provide for the deletion of obsolete language, clarification of provisions, renumbering, and relettering of Part III, "Land Development Regulations" of the City of Boynton Beach Code of Ordinances, as indicated in Exhibit "B" which is attached hereto and incorporated herein by reference. Section 5. Each and every other provision of the Land Development Regulations the Code of Ordinances of the City of Boynton Beach not herein specifically amended shall remain in full force and effect as previously enacted. Section 6. All Ordinances or pans of Ordinances in conflict herewith are hereby Section 7. Should any section or any provision of this Ordinance or portion paragraph, sentence, or work be declared by a court of competent jurisdiction to invalid, such decision shall not affect the remainder of this Ordinance. Section 8. Authority is hereby granted to codify this Ordinance. Section 9. This Ordinance shall become effective immediately upon passage. FIRST READING are approved by the City Commission of the City of Boynton this ~ :~ day of--/-~ t/.~q-'/" , 2002° APPROVED BY THE CITY OF BOYNTON BEACH CITY COMMISSION at Second, Final Reading and Passage this day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (CORPORATE SEAL) UGCDE_FSkLIBRARYM 990\900182.BB\ORD\Ordinance Establishing Position of City Engineer. doc 4 EXHIBIT "A" CODE CODE OF ORDINANCES, PART II CHAPTER. 5 CABLE SYSTEMS AND OPEN VIDEO SYSTEMS ARTICLE II. - FRANCHISING AND LICENSING OF CABLE AND OPEN VIDEO SERVICE PROVIDERS. GENERAL PROVISIONS Sec. 5-11(11) Maps. Each cable or open video system operator shall maintain accurate maps and improvement plans which show the location, size, and a general description of all facilities installed in the fights-of-way and any power supply sources (including voltages and connections). Maps shall be based upon post-construction (as-built) inspection to verify location. The operator of each cable or open video system shall provide a map to the city showing the location of its facilities, in such detail and scale as may be directed by the city engineer. New maps shall be promptly submitted to the city when the facility expands or is relocated. Copies of maps shall be provided on disk, in a format specified by the city engineer. CHAPTER 10 GARBAGE, TRASH AND OFFENSIVE CONDITIONS ARTICLE I. - IN GENERAL Sec. 10-6.(a)(4) The owners have ten (10) days from the date of mailing of notice to file a written petition to the city manager ~ for a hearing before a three- person board which shall be composed of the city manager, the director of public works~, and the,~,~,.,,,v.'~;"~" .,."r .,,.,. ,.~.,*;.,..~ .... ~...'~ parks code compliance administrator Page 1 of 3 CODING: Words ino.-~..,~*'4~r~ ,~...~..~.,, type are deletions from existing law;] Words in underscore type are additions. C:\WINDOWS\Temporary Internet Files\OLKC I 15\Exhibit A - Engineering Dept. CODE Name Chg.doc or their designees, which hearing shall be held within ten (10) days of the date the petition is received by the city manager. Sec. 10-7.(a) The owner of the property shall have the right, within ten (10) days fi:om the date of the notice of public nuisance provided for in this chapter to file a written petition with the city manager or ~: r:pregentative for a hearing before a three-person board composed of the city manager, the director of public works/-etagi~ and the ai-~,~- .,c ~ .......... v .... code compliance admnu ator or their designees, which hearing shall be held within ten (10) days of the date the petition is received by the city manager. ARTICLE III.- ABANDONED PROPERTY Sec. 10-52.(c) Whenever the enforcement officer of the city shall ascertain that an article or articles of abandoned property are present on private .property within the limits of the City of Boynton Beach in violation of the provisions of this article, the violation of the provisions shall cause a notice to be placed upon such article in substantially the following form: NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY. This property, to wit: (setting forth brief description) located at (setting forth brief description of location) is improperly stored and is in violation of (setting forth ordinance or regulation violated) and must be removed within ten (10) days from the date of this notice unless a hearing has been demanded in accordance with the terms of Chapter 10, Article I, Boynton Beach Code of Ordinances within ~ ten (10) days of the date of this notice; otherwise, it shall be presumed to be abandoned property and will be removed and destroyed by order of the City of Boynton Beach and the owner will be liable for the costs of removal and destruction. Dated this: (setting forth date of posting of notice). Signed: (setting forth name, title, address, telephone number of enforcement officer). Such notice shall be not less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproof to withstand normal exposure to the elements for a period of ten (10) days. In addition to posting the notice, on or before the date of posting, the Page 2 of 3 CODING: Words ~-' ,.~4~.~ **. ..... ~, ~-o,,e are deletions from existing law;] Words in underscore type are additions. C:\WINDOWS\Temporary Interact Files\OLKC115kExhibit A- Engineering Dept. CODE Name Chg.doc enforcement officer shall mail a copy of the notice to the owner of the real property upon which the abandoned articles are located, as shown by :the real estate tax records used by the City of Boynton Beach, and if the abandoned property is a motor vehicle or boat, shall make a reasonable effort to ascertain the name and address of the owner and shall mail a copy of a notice to such owner. The notice shall also advise the person to whom the notices days from the date of pOsting and/or '; the ten Page 3 of 3 CODING: Words,l~,, o~,l,~.~-*";~'~ *~,-.,~.e,.~' type are deletions from existing law;] Words in underscore type are additions. C:\WINDOWS\Temporary lntemet Files\OLKC 115~Exhibit A - Engineering Dept. CODE Name Chg.doc EXHIBIT "B" LAND DEVELOPMENT REGULATIONS CODE OF ORDINANCES, PART HI Chapter l GENERAL PROVISIONS ARTICLE II. - DEFINITIONS CENTERLINE - A line midway between the right-of-way lines or the surveyed and prescribed centerline established by the~,~,~.~,.,,~:-~+"- ,~.~c ,.~ .... · ~.vv..~,~..~' ...... city engineer which may or may not be the. line midway between the existing or proposed fight-of-way lines. INSPECTOR - A city employee as an inspector under the authority and direction of either the director of development, or ~2:--~,~e~-,,-,':~;~ the director of public works, the director of utilities, or the city engineer or their designees. STORM DRAINAGE - A system sufficient to prevent inundation resulting from a three-year storm which conveys storm waters to publicly dedicated and maintained drainage canals or natural waterways acceptable to the agency having jurisdiction or an alternate proposal approved by the dirt, tier cf d~,vzlCpmerg city engineer. TECHNICAL REVIEW COMMITTEE (TRC) - A committee consisting of the director of development, the fire chief, the police chief, the director of utilities, the director of public works, the city engineer, the recreation and parks director and the director of planning and zoning, or their duly authorized representatives. Page 1 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. C:\WINDOWS\Temporary Intemet Files\OLKC 115\Exhibit B - Engineering Dept LDR Name Chg061902.doc ARTICLE VII - APPEALS Sec. 1.D.2. The City Commission will hear and decide appeals of administrative decisions or determinations in the enforcement or administration of environmental review permits; excavation, dredging and/or fill permits; platting; major/minor site plan or master plan modifications and height exceptions. Sec. Appeals from decisions of the building board of adjustmeUt and appeals. A. ELIGIBILITY. Appeals of decisions of the *'^~-'~ ^r ~.,..: ....... 1~ ~I hhe building board of adjustment and appeals may be taken by any aggrieved party affected by a board decision. B. FILING. Appeals for judicial relief shall be filed with the circuit court within thirty (30) calendar days after rendition of a board decision. ARTICLE vm. - DEVELOPMENT REVIEWS Sec. 1. Technical reviews Page 2 of 42 CODING: Words in ~ ~11.~ t-h ..... l,~ t,~,~ deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangesLExhibit B - Engineeaqng Dept LDR Name ChgO61902.doc E. TECHNICAL REVIEW COMMITTEE (TRC) CONSIDERATION. A technical review committee (TRC) chaired by the planning and zoning director or his/her designee and consisting .of representatives of the parks and recreation, fire, police, utilities, enmneering, public works, planning and zoning, and development departments shall meet to review docUments in order to coordinate the technical expertise of TRC members. TRC comments will be forwarded in writing to the planning .and zoning department within three (3) days of the meeting. CHAPTER 1.5 PLANNING AND DEVELOPMENT GENERALLY ARTICLE VI. - CONCURRENCY REQUIREMENTS Sec. 11. Concurrency Review Board C. Concurrency review board. A concurrency review board is hereby established, which shall consist of the utilities director, the recreation and parks director, the public works director, the city engineer, the planning and zoning director and the director of development, or their duly authorized representatives. The city manager may include himself and/or the city attorney on this board, at the direction of the city manager, either permanently or for the purpose of reviewing particular applications. A quorum of this board shall consist of three (3) members, and all actions by the board shall be by simple majority vote, unless the votes are evenly split, in which case, the vote of the board shall simply be transmitted to :the planning and development board. The concurrency review board or its members may consult with the city attorney, city manager and any other government officer or agency involved with the provision or regulation of public facilitieS, as well as the state land planning agency and the regional planning council, with respect to any matter which is to be considered by the board. CHAPTER 2 ZONING Page 3 of 42 sm ........r~. type are deletions from existing law;] CODING: Words in '~'~ *~' .....*' ' Words in underscore type are additions. S:\CA\Ordinances\LDR Changes~Exhibit B - Engineering Dept LDR Nan~ ChgO61902.doc Sec. 7. Planned industrial development district. H. DESIGN CRITERIA set forth: engineer. 9. Storm sewer system. When approved positive drainage is not available, on-site containment of storm water run-off shall be provided by the developer. Details on ........ city eng~n . the on-site system shall be approved by t},~.,, ,.,,~ .... · ~-,-v--,,---~ ..... · ~;-~^- ' ' eer Sec. 11. Supplemental regulations. Sec. 11.3. Environmental review permits C. PROCEDURES 4. Environmental review committee, establishment and composition. An environmental review committee for the review and approval of applications for environmental review permits is hereby established, which shall consist of the development director, the utilities director, the public works director, the city engineer, the fire chief, and the ~ planning and zoning director., or their duly authorized representatives, and any other persons that the city manager may designate as members of the environmental review committee, either permanently or with respect to a particular application. CHAPTER 3 MASTER PLAN REVIEW Page 4 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\OrdinanceskLDR Changes~xhibit B - Engineering Dept LDR Name ChgO61902.doc ARTICLE I. - IN GENERAL Sec. 5. Approval. Upon receiving the approval as prescribed for the master plan from the director of ~ planning and zoning or his designee, the developer shall coordinate the preparation of construction plans, the plat and the construction of required improvements directly with tt~-ogfic~-~f the ~re.:tcr cf develc, pmer2 city engineer as hereinafter prescribed. CHAPTER 5 PLATTING ARTICLE II. - WAIVERS AND SUBSTITUTIONS Sec. 1. Waivers B. Waiver application. Pursuant to Section 1 above, the developer shall submit an application for waiver of plat to the dirzztcr cf.... '~ .... · ~--,v--------' ..... * city engineer who shall review the application and determine if one of the foregoing Conditions exists and, upon affirmative determination, shall ~ waive the requirement for platting. C. Appeal of Waiver denial decisions. When the directzr ~'.,. .~. '~ .... ,,~..,v_......' ..... · city engineer determines that an applicant is not eligible for a waiver to platting, the decision may be appealed to the ~.~.~,..~.....~'e-~-.-~--e,"~*'; ....... ,-vv~,--~'~ CiW Commission as outlined in Chapter 1, Article VII. D. Requirements in lieu of platting. If platting is deleted not required, a certified survey shall be submitted to the directe, r zf de;'z!c, pmzr2 city engineer who may require deeded fights-of-way and easements, reservations or improvements required in connection with platting under this ordinance, including the posting of surety to carry out the intent and purpose of this ordinance. See. 2. Substitutions Page 5 of 42 CODING: Words in~,~...~.,o~4t'~ ,~.~,,~e,..h type are deletions from existing law;] Words in underscore type are additions. S:\CA\OrdinancesXLDR ChangeskExhibit B - Engineering Dept LDR Name ChgO61902.doc A. Eligibility. A boundary plat may be submitted when t4~e portions of an:existing subdivision or re:ub~vis~cn parcels of land being assembled to create a single developable property is of such simplicity or is sun'ounded by such development as to justify the waiving of the requirements for preparing a full replat. For the sole purpose of determining, application fees, a boundary plat submittal shall be considered a pre- application submittal. Bo waived waiver. The submission of a master plan for a boundary plat may be ARTICLE III. - ADMINISTRATION For the purpose of coordinating, enforcing and administering this chapter, the d~rectcr cf ~ city engineer shall be deemed administrative officer. Information, advice or recommendations shall be rendered only by the ~,~,,,..,,.A*' ,..,'~ ..... ~.,,~,...,~..,~ ..... * city engineer or his a..,~,^.a,~,~ ....... *-*~-~ designee following consultation with the planning and zoning director. ARTICLE IV. - PREREQUISITES TO PLATTING Sec. 1. Approved master plan. Prior to consideration of any proposed platting or replatting under this chapter, master plan approval as outlined in Chapter 3 of Part III, Land Development Regulations of the City of Boynton Beach, Florida must be obtained. For individual minor properties the master plan may be waived at the sole option of the planning and zoning director o-f ~ or his designee. See. 2. Pre-application (preliminary plat). The purpose of the optional pre-apPlication procedure is to allow the developer and the planning and zoning director,,."r ,..,,~ .... ..,~,...,,..~ ..... * the opportunity to consult informally prior to the preparation of the plat and formal application. A. A written pre-application (letter request) shall be submitted to the planning and zoning director ,f.-d~v~em. The written pre-.application shall ccntain consist of the following: Page 6 of 42 CODING: Words,,~ :~ ,.~t.~.....~ **.....~..~,.,, type are deletions from existing law;] Words in underscore, type are additions. S:\CA\Ordinances\LDR Changes~Exhibit B - Engineering Dept LDR Name Chg061902.doc e:v r,~', Four (4) copies of the written statement previously submitted with the master plan in accordance with city requirements. S;,x (5) Four (4) copies of the preliminary plat in accordance with city requirements. A fee as adopted by the City Commission to help defray the cost of processing the preliminary plat. B. Upon receipt of the statement and fee, the planning and zoning director e-f ................ v ............ ~ .... v ........ meeting. ~ A .... 1 noti~ the city ~neer of the need for plat review. ARTICLE V. - PLAT PREPARATION AND APPROVAL Sec. 1. Preparation of final plat. Pm a F~.al "+~ :" "' ..... ; ......... a ..... *" To obtain approval for a subdivision in the City of Boynton Beach, the developer shall submit a final plat to the ~ ~ city en~neer, shall notify the planning and zoning director, and shall post surety as outlined in this Article, Section 2, paragraph A2 and Chapter 7, Article 1, Section 3,: made payable tO the City 9f Boynton Beach together with restoration surety as outlined in ~s .~'ticle, Section 2, paragraph A3 prior to placing final plat approval on a Ci Comssion agenda. No improvements, including streets, drainage and the like shall be accepted and maintained by' the city unless and until the final plat has been :-~+^- -.~'-~ .... ~^-~-.~-,* ' er eci approved by the d .............. v ....... professmnal surveyor and mapp and th ty enguneer, as well as aha the C~ty Commission; duly recorded; and all required : . improvements are completed, both public and private. d:.~+^. ^e .~ .... ~ .... .;+ Failure to submit the final plat to the city engineer within six (6) months from the date of application shall require a re-submittal, sha. g-r~aa~ C. The final plat shall conform to the approved master plan Page 7 of 42 CODING: Words in strike ~.rcugh type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR Changes~Exhibit B - Engineering Dept LDR Name Chg061902.doc D. The final plat shall be drawn or printed on twenty-four by thirty-six (24 x 36) inch linen, chronOflex, mylar or other approved time stable material. The final plat shall be prepared by a professional surveyor and mapper currently registered in the State of ~l°~ida and is to be clearlY and legibly drawn with black pemmnent drawing ink or veritype process to a scale of (1) inch equals one hundred (I00) feet, or r~ plat DEDICATIONS, CERTIFICATIONS AND APPROVALS. a. Dedications. The purpose of~all defined in the dedication ~. subdivision shall be so dedicated. of-way for roads, streets or way be dedicated by the owner c or 1 .D.6.b. reserved areas shown on the plat shall be ' the residents of the reserved for public use, such as parks, rights- ; for utilities, rights-of- however designated, shall When the owner is in Sec. d. City approval. The plat shall be reviewed for conformity, to Chapter 177, Florida Statutes, as amended, by a professional surveyor and mapper either employed by or under contract to the city, and evidence of this review shall be shown on the plat. The plat shall also contain the approval and signature block and date for the mayor and the dir-eetor-~ ~ city engineer ~'~: with the acknowledgement and signature block of the city clerk. Certification of title. A title certificate shall be contained on the face of the first page of the plat. The title certificate shall state: (2) That all taxes have been paid on said lands as required by Section 197.051, 197.192, Florida Statutes, as amended; and, Page 8 of 42 CODING: Words in s~ke a.~..~.,,.e,..~, *"~'vt-v are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangeskExhibit B - Engineering Dept LDR Name Chg061902.doc 13. PLANNED LT?,~rlT DEVELOPMENTS. All plats for planned ur2t developments shall,..,..~,~...~+~;~ ,,m. ~,.-.rr"' ..,;+,,;-...~.~.. **'~,..,~ "*~....,. be identified as to the type of development being platted. All planned unit developments shall contain "P.U~D." within the title; all planned commercial developments shall contain "P.C.D" "P ID" within the title; all planned industrial developments shall contain ... within the title; or an'/combination thereof shall be identified within the title of the plat. Sec. 2. Submission of f'mal plat. A. Upon completion of the foregoing requirements, six sets (6) copies of the ,~ ~/rectcr ~.c d,z..~,c~mz~ ci~,~ engineer and final plat shall be submitted to the offic,, of the ...... v .... r be accompanied by the following: ~,-r~ ~-,~ ~_. sets of the constmc,tion technical compliance and approved health department permits for accordance with citw requirements; and plans approved for sewer and water in 2. Surety guaranteeing that all work required that will not be constructed, owned and maintained :in perpetuity by the developer and his successor and/or assigns will be completed in full accordance with the plat and approved construction plans; with all conditions attached thereto; and with Boynton Beach Land Development Regulations, provided that no surety is required for sewage collection and transmission systems, water, systems and transmissions systems which will be conveyed to lotion of their construction. Nc. cea'.'Scates of occupancy Page 9 of 42 CODING: Words in slaq~th~-eagh type are deletions from existing law;] Words in underscore type are additions. S :kC A\Ordinances\LDR ChangesX~Exhibit B - Engineering Dept LDR Name Chg061902.doc Chapter 7; and Surety shall be in substantially the form and amount delineated in 6. Supplementary material be drainage or utility service; and office of the ;'~*~" "*' ~ .... ~ .....* B. The '~ ....... r.~ .... ~ ...... city engineer or his designee, shall examine the final plat as to its compliance with the constitution and statutes of.the State of Florida and the ordinances of the City of Boynton Beach and shall in writing, within thirty (30) days, report his finding, recommendations or approval to the developer in writing. Reference shall be made to the specific article, section and paragraph with which the final plat does not comply. If deficiencies exist, they shall be corrected by the developer. If the final plat meets the provisions of this ordinance,: and complies with: the statutes of the State of Florida and the ordinances of citw engineer shall submit the final ~4ew an~ final plat. approval. The City Comssion may after its approval also require county approval prior to recording. Sec. 3. Final plat recording requirements. The final plat signed and sealed, reviewed by a professional surveyor and mapper, and signed by the mayor, the a:.rectcr cf d.~vclc, pn'.e:'g city engineer and acknowledged by the city clerk, shall be presented to the Palm Beach County Clerk (or county engineer if county approval is required) to complete the formal recording process. ARTICLE VI. - PREVIOUSLY PLATTED SUBDIVISIONS Sec. 4. Waiver. In portions of ~/subdivision which are not under the control or ownership of the developer, the d~rzctzr cf ~e.;'e.!cpm~2 city engineer may waive the additional right-of- way requirement set forth in paragraphs A through C of Section 3 hereinbefore, when it is shown to be impossible for the developer to acquire the required additional right-of-way. Page 10 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. S :\CA\Ordinances\LDR ChangeskExhibit B - Engineering Dept LDR Name Chg061902.doc ARTICLE VII. - LAND DEVELOPMENT PERMIT A land development permit shall be required prior to commencement of construction of required improvements except as provided in Chapter 6, Article I, Sec. 2. The land development permit shall be issued by the director of development followin~ consultation with the city engineer in conjunction with the approval of and agreement for construction of required improvements, and aRei' formal approval of the final plat by the City Commission. ARTICLE I.- IN GENERAL CHAPTER 6 REQUIRED IMPROVEMENTS Sec. 2. Commencement. Construction of required improvements shall not commence until a land development pennit has been issued except that a clearing and grubbing permit and/or an excavation/fill permit may be issued prior to the land deVelopment permit. Sec. 3. Administration. For the purposes of coordinating, enforcing and administering this chapter the -~:~.--.~- ^*'-~ .... ~ ..... * city engineer shall be the administering officer. Tangible improvements are required as described in this chapter and the city standards, in coniunction with the development of real property within the city limits. ARTICLE HI. - IDENTIFICATION OF REQUIRED IMPROVEMENTS Sec. 4. clearing, grading, filling. Grade, excavate and/or fill to comply with this chapter, taking into consideration the existing and future grade of adjacent properties and fights-of-way. Prior to commencement of any construction activity on the site a reclamation plan in compliance with Chapter 8, Article Ili, Section A, paragraph 1 a shall be approved by the d;.rectcr cf d~pm,a~ city engineer. Clear all rights-of-way and make all grades for streets, alleys, Page 11 of 42 CODING: Words in ~'~ **' ..... *' type are deletions from existing law;] Words in underscore type are additions. S :\CA\OrdinancesXLD R Changes~Exhibit B - Engineering Dept LDR Name Chg061902.doc lots, water tracts and other areas compatible for drainage as prescribed in the drainage design. Type of fill within dedicated rights-Of-way and other dedicated land shall be provided and the developer who of material and method of may will ! Sec. 11. Sidewalks. Sidewalks shall be constructed on both sides of all local and collector streets, and on one side of marginal access streets in all areas. They shall be constructed concurrent with building construction. A. Waiver. A required sidewalk may be waived by the ~,m/,rmlq~w oommiC, ee city engineer in platted or unplatted subdivisions when it is determines~l_ that adequate pedestrian circulation is provided by bicycle/pedestrian paths. The control, jurisdiction and maintenance obligation of bicycle/pedestrian paths not located within a public right-of-way shall be placed in a property owner's association or an improvement district. Bicycle/pedestrian paths shall be constructed concurrently with other required improvements. Sec. 14. Street lighting. Street lighting is required on all public street rights-of-way. Applicant is responsible for supplying and installing a system acceptable to Florida Power and Light Company and the,...~:-~,~,,,,,. ,,.~v --.-~ .... .-~-,~v---,--~ ..... · city engineer. Upon completion and demonstration, the city will extend its current agreement with F.P.L. and absorb the energy cost of street lighting on city streets. Street lighting is optional on private streets and the cost of supplying, installing and providing energy and life long maintenance is the sole responsibility of the applicant and its successors or assigns. Sec. 16. Traffic control devices. Page 12 of 42 CODING: Words in ~-~ *~ ..... ~' type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR Changes~xhibit B - Engineering De, pt LDR Name Chg061902.doc The developer shall install traffic control devices on roads within and interfacing with the subdivision. The developer shall conduct a & traffic impact analysis meeting the of the ................ v ....... city enganeer who shall determine the traffic ~ approval a;~,^. ^r.~ ....1 .....· · - control, requirements. ARTICLE IV. - DESIGN REQUIREMENTS FOR REQUIRED IMPROVEMENTS Sec. 1. Access. Point of Access. 1. Along local streets, the point of access to lots shall be at least thirty (30) feet from intersecting right,of-way lines, providing the interior lot angle at the intersecting lines is 90° or _greater. If the interior lot angle is less than 90°, the access point distance will increase~ and be determined by the city engineer or his designee. On zero lot line comer lots, access points shall be located a mirdmum of twenty-five (25) feet from the intersection oft he proiecfion of fight-of-way lines to the near edge of the driveway. Access to townhouse clusters mai be via parking lots and/or driveways designated on the plat as access or parking tracts providing the length of access does not exceed six hundred sixty (660) feet. Subdivisions shall be designed to provide access to all lots by the use of local streets. 2. Along collector streets, the point of access to lots shall be at least fifty (50) feet from th~ intersecting right-of-way :lines, incorporating the same angular parameters noted above. Mid-block lots shall meet access point separations in accordance with city standards. 3. Along arterial streets, the point of access to lots shall be at least one hundred twenty (120) feet from the intersecting right-of-way lines, incorporating the Page 13 of 42 CODING: Words in ~4k-~hr-ough type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR Changes~Exhibit B - Engineenng Dept LDR Name Chg061902.doe second or his designee. noted above. It is the intent, to minimize the number of access lire not of for Sec. 2. Alleys. Alleys shall be paved eighteen (18) feet wide in a minimum twenty-foot right-of- way for commercial and industrial use and shall have appropriate radii for the use intended. Alleys shall have inverted crowns with three-eighths (3/8) inch per foot traversed slope. The alley grade shall not exceed five per cent (5%) or be less ~ forty-hundredths per cent~' .... ~nozx~, ,v.~vm ~t)oZ~zo~ unless otherwise approved by the .,;.~,~...r ~ .... , ..... * city engineer. Alley intersections and sharp changes in alignment shall be avoided and dead end alleys are prohibited. Sec. 3. Blocks Limitati6ns and opportunities of topography. 1. Block lengths shall not exceed one thousand three hundred twenty (1,320) feet between intersecting streets except where special topographical conditions exist. Greater lengths may be approved b.. ,u~ ~; ....... *',~ .... ' .....* ci~ engineer. Page 14 of 42 CODING: Words in~....~'~ *'',.~.,--~.~'' t,~ev ,- are deletions from existing law;] Words in underscore, type are additions. S:\CA\Ordinances\LDR ChangeskExhibit B - Engine~ing Dept LDR Name Ch8061902.doc Sec. 5. A. Drainage and storm water treatment DRAINAGE. 2. Components d. Metal pipe used beneath pavement or parallel within the fight-of-way shall provide a joint-free installation. Where joint-free installations are not feasible pipe shall be jointed with a twelve-inch wide band having a mastic or neoprene gasket providing a watertight joint. Other jointing techniques meeting or exceeding these requirements may be used if approved by the.... ~.~.~.'~:-~*~ ...AS' ...~ .... · ~...V...v..~ ..... * city_ engineer. e. Alternate types of pipe material may be considered for storm sewer systems within the right-of-way, including high-density corrugated polyethylene pipe (double wall) (HDPE), covered-by and conforming to current ASTM, AASHTO or ANSI standard specifications for materials and fabrication of barrel and ioints, and shall meet current FDOT standard specifications and policies applicable to the intended use. The use of this alternate will require written approval from the city engineer. structures. Pipe shall be fitted with headwalls, endwalls, inlets and other appropriate ge. Catchbasins and manhole covers shall be bicycle proof. 3. Dedications. Where additional ditches and canals are required to accommodate contributory surface waters, right,of-way shall be dedicated for future needs. Exception: developer may excavate or open sufficient capacity to provide for existing drainage needs whenever the developed or undeveloped status of adjacent areas so wan'ants, subject to approval by the directc, r cf ~e;'e!cpme:'x city engineer. STORM WATER TREATEMENT 2. Components Page 15 of 42 CODING: Words in~'e,~ ~, a,~.,.,, ~,..~- type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangeskExhibit B - Engineering Dept LDR Name ChgO61902.doc c. Swales may be substituted for storm sewers to convey and collect surface grades shall be tk: ......~, ................. in waters. Minimum and maximum swale ..~ c~ _~. ~ nar,, .... c~, accordance with city standards. Maximum swale grade is limited to that grade which will produce water velocities )sion. ~ d. Water management tracts easement with a maximum side slope of eight elevation. Maximum slope from edge control elevation is __ maintenance :below 4. facilities which in the or superior to the above requirements accompanied by written data, ' Dies, Sec. 6. Easements. A. UTILITY EASEMENTS. Easements,'a minimum of twelve (12) feet wide shall be provided to accommodate all required utilities across lots with convenient access for maintenance, and where possible shall be centered on lot lines ~ accer,: for mz!nm-',ance, Easements ten (10) feet wide shall be provided for underground utilities across that portion of a lot adjacent to a street. Additional utility easements or larger utility easements, may be required by the city when, in the opinion of the d/-r-eem~ of--d~vetopmem such easements are necessary of utility service between developments and where necessary for maintenance and service. Utility easements and drainage eas,ements shall be separate unless otherwise approved by the director of utilities and the ,..~.,,~.,,.'~;"~*~- ,,."*',~,,. ~ .... -- -,- t- ---,--- ~ ..... * city engineer. Where easement crossings occur, drainage easements shall take precedent. Sec. 10. Streets Page 16 of 42 CODING: Words in stS, ke +u ..... u .... c:,,- type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR Changes'Exhibit B - Engineering Dept LDR Name Chg061902.doc C. STREET PAVEMENT WIDTHS. Street pavement widths shall be as fo!!cw:: constructed in accordance with city standards. D. DEAD-END STREETS. Dead-end streets shall be -.~u:u:+~,~ ..... · accordmce wi~ ciW strudel. G. ALTERNATE TYPES OF PAVEMENT, BASE AND SUBGRADE. Alternate types of pavement, base and subgrade which, in the opinion of the ~ ~ city engineer, are equal or superior to those specified may be approved. Application for such approval shall be accompanied by written data, calculations and analyses which show, by accepted engineering pnnciples, that the alternate types are equal or superior to those specified. I. STREET GRADES. Street grades shall be determined in relation to the drainage installations for the subdivision. Street grades shall not exceed two and one-half per cent (2V2%) unless'adequate protection for erosion is provided. Swale section grades shall not be less than ~.:'~, thirty-two hundredths per centw.-,m ~o/?,, u~ (0.32%) and gutters section grades shall not be less than t~-,nty twenty-four hundredths per centw/n.--°°/-~, ~, (0.24%) unless otherwise approved by the~.~u.cl;'~'^'~,~.,,.,.,, ^C...~, ,~,v'-I .... · ~'""I'~''~'~'''1 ..... + city engineer. Road drainage shall be shown on development plans by direction, percent of fall and with a centerline distance between control points. Page 17 of 42 CODING: Words in :~ ~u ..... u r,,~,~ are deletions fi'om existing law;] Words in underscore type are additions. S:\CASOrdinances\LDR ChangesLExhibit B - Engineenng Dept LDR Name Chg061902.doc R. ALIGNMENT, TANGENT, DEFLECTION, RADII. Streets shall be laid out to intersect as nearly as possible at right angles. Multiple intersections involving the of All in T. SIDEWALKS. --- *'^,-* constructed in accordance with city standards. Sidewalks shall be placed within the fight-of-way one 11~ foot from the fight-of-way line unless otherwise approved by the y. ALTERATIONS TO MEDIANS STP..?S.~. Whenever alterations of medians sta4ps are deemed necessary by the City Commission for the promotion and protecti~>n of the health, safety and general welfare of the community, the costs for such alterations shall be borne by the developers or property owners of such land development projects. str'-'-et',:r.: gr ........... r ......... t.,.,.,t.,~--j ........ t., ........ r Page 18 of 42 CODING: Words-.;" ~.-.~..~'~ *"-- ~,-r:,--~' t,~,~..,r_ are deletions fi:om existing law;] Words in underscore type are additions. S:\CA\Ordinanccs',LDR Changes'~Exhibit B - Engineering D~t LDR Name Chg061902.doc Z. IMPACTS OF CONSTRUCTION. All construction activity regulated by, this Code shall be performed in a manner so as not to adversely impact the conditions of adjacent properties, unless such activity is permitted to affect said property pursuant to a consent granted by the adjacent property owner, under terms or conditions a~eeable to the adiacent property owner. This includes, but is not limited to, the control of dust, noise, water or drainage runoff, debris and the storage of construction materials. New construction activity shall not adversely impact historic surface water drainage flows of adiacent properties, and may require special drainage considerations complying with sites. Florida licensed en~neer shall be certificate of occupancy. from a issuance of Sec. 11. Street lighting. Where street lighting is installed, it shall be installed on all local and collector streets, at each intersection, at the end of cul-de-sacs, and wherever, in the opinion of the directcr cf de:'elcpmer2 city engineer, a dangerous condition is created. Between intersections, streetlights may be engineered for security purposes only. Streetlights shall be wired for underground service except where aerial service ~s permitted by Section 13 of this article. Sec. 13. Utilities. Utilities, including power and light, telephone, telegraph, water, sewer, cable television, wiring to streetlights and gas shall be installed underground. This section shall apply to all cables, conduits or wires forming parts of an electrical distributions system including service lines to individual properties and main distribution feeder lines delivering power to local distribution system, except that it shall not apply to wires, conduits or associated apparatus and supporting structures whose exclusive function is transmission or distribution of electrical energy between subdivisions, generating stations, substations and transmission lines of other utility systems, or perimeter lines located adjacent to the subdivision. Appurtenances such as transformer boxes, pedestal mounted terminal boxes, meter cabinets, service terminals, telephone splice closures, pedestal type telephone terminals or other similar "on the ground" facilities normally used with and as a part of Page 19 of 42 CODING: Words in ,~t,~ **, ..... ~' type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR Changes~Exhibit B - Engineering Dept LDR Narn~ ChgO61902.doc the underground distributions system may be placed above ground, but shall be located so as not to constitute a traffic hazard. Easements authorities Sec. 15. Medians strips-and entranceways A. MEDIANS g--I:gtt~. Med~an_s ~,,~.~ hich are part of a dedicated or deeded right-of-way may not be utilized, for any purpose other than by the city or a public utility. If a developer desires to beautify a. median sa4p in a subdivision: he may do so by placing grass and shrubs of small root structure within the medians strip under the right- of-way permit issued by .~:,~,A,,,,"*' ,~,,'~ ...., ,,,,~,_,,~,,,~ ..... * city engineer a~er && ARTICLE V. - CONSTRUCTION OF REQUIRED IMPROVEMENTS Sec. 2. Administration of construction. After issuance of a land development or-d~ permit by the director of development, a developer may construct the required improvements subject to obtaining all required ..--~nc:--en, cf :',:cb ,,,.--:~.~"A, Construction shall be performed under thc CO."E'.~ ....... + ............ surveillance of, and shall at all times be subject to review by, the director of development and/or the city engineer, or his their designee; however, this in no way shall relieve the Page 20 of 42 CODING: Words in {,~1.~ t-l, ..... I~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangesXExhibit B - Engineering Dept LDR Name Chg061902.doc developer and his Florida registered engineer of the responsibility for administration, coordination and final compliance with the approved plans, specifications and all applicable rules, ordinances, resolutions, laws, etc. The director of development and/or the city engineer or his their designee shall have the right to enter the property during the progress of construction. The developer's engineer shall submit construction progress c. ~ve,.,~ ....... mty n~neer as repons at points of progress prescribed by the ........ *' ~ ' ..... * ' e ' well as final certification of completion of required improvements. The developer's reviews of construction with the dx ..... ~*' '~ .... ' .....* engineer shall coordinate joint ' ' ' "~'"' -- ....... v ....... .4' i- 1~',4 r I t- .... city engineer. The a:rec.cr c. ua; e.cpmen, city engnneer or his designee shall have the authority to stop Work upon failure of the developer or his engineer to administer and/or coordinate the construction of the required improvements as prescribed by this ordinance. Sec. 3. Measurements and tests. The direc.cr v; ...~ ~ ~-~t- ....... c~ty engineer may reqmre, at his discretion, tests and measurements which he deems necessary. Sec. 4. Construction documents. A. PREPARATION & SUBMITTAL OF CONSTRUCTION DOCUMENTS. Upon approval of the master plan by the TRC City Commission, the developer shall prepare and submit to the dSrectcr cf~.~a .... ..~...v....~...' ..... *",, ...~.vv^m~ city engineer, within six (6) months~ oigh¢~ four (4) sets of signed and sealed construction plans-...~'"a ~,-~;" .,,.vt~" ~.,..~+~ ,..~*' +u~..,. -'"+v-,-- ~..~,,*,~, with a nonreimbursable fee as adopted by resolution of the City Commission payable to the City of Boynton Beach. The subdivision of a.large tract may be developed in two (2) or more ~ phases and the developer may submit construction plans,~...~,4 -'"'v.., for approval to develop the subdivision in ~ phases:. The construction plans and plat shall coincide with the master plan ~ as approved, and any majo~ deviation desired by the developer must be approved bY the TRC by application from the developer and resubmittal. B. CONSTRUCTION PLANS The plans shall be so complete that from them a complete review and analysis can be made without research of any outside data. The plans shall consist 6fand contain, but shall not be limited to: e. Construction details showing comphance with city standards, or alternate design as approved by the~,~.~.,~.,.,,.r]:'~'~' ..,a.~t~' ,~,,4 .... · ~'""1-''''~¥''~1 ..... + city_ engineer, Page 21 of 42 CODING: Words in st~hk-~4~qs~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangesXExhibit B - Engineering Dept LDR Name Chg061902.doe h. Soil analysis, showing the locations and results of test borings of the subsurfaqe condition of the tract to be developed. Where impervious soils cope with ~such c may C. APPROVAL OF CONSTRUCTION PLANS. . The construction plans 1: engineer thai review the of the developer's 1. When the d~rectc, r cf de'.'elcpm,,rX~: office city en_~dneer finds that the construction do not meet the provisions of this ordinance, the engineer in writing section and paragraph with which the plans as in the written statement o construction plans are not ac engineer will consult with what changes are required. that the and/or the developer's caw engineer to determine city engineer approves the construction 1~ advise the developer's engineer and furnish a written statement of technical compliance and surety establishment. Upon submit &. (-6-) four (4.)sets of construction water and sewer permits, at the time of submisiion of the final Plat. Sec. 5. Completion of Improvements. Page 22 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR Changes~Exhibit B - Engineering Dept LDR Name Chg061902.doc In order to obtain final approval of required improvements from the. direct.er of d~,,~pm~, the developer shall submit the following documents to the city engineer for acc eptance: Sec. 6. Time extensions. All required improvements shall be completed within twelve (12) months of the date of issuance of the land development or-de~ permit. Time extensions may be considered by the: City Commission upon recommendation by the director of development, in consultation with the city engineer, after the developer presents a written request for extension to the office of the director of development prior to the expiration of the permit,. No time extension shall exceed one year. ARTICLE VI. - ACCEPTANCE AND MAINTENANCE OF REQUIRED IMPROVEMENTS Sec. 1. Workmanship and material agreement. The developer shall execute and deliver to the city a cash bond or other acceptable surety in an amount determined by the,.~.~,,.a;"~*~- .,~'c ~..a .... · ¥-,~v-~-~-~-~ ..... + city engineer guaranteeing the required improvements that are dedicated to the public against defect in workmanship and material for one (1) year after acceptance of such improvements by the City Commission. Surety shall be as specified in Chapter 7 and shall be delivered to the city contemporanecu:!y simultaneously with the satisfactory delivery of the ~ c^~-'~*;^- documents required in Article V, Section 5 of this chapter. Sec. 2. Acceptance of dedication and maintenance of improvements. The dedication of public space, parks, fights-of-way, easements or the like on the plat shall not constitute an acceptance of the dedication by the city. The acceptance of the dedication shall be indicated by resolution of the City Commission adopted when all improvements meet or exceed the standards set forth by this ordinance. The director cf ~ city engineer, upon satisfactory completion of all improvements, shall notify the City Commission that the developer hasi complied with all of the provisions of this ordinance and shall recommend acceptance of the dedications and, when applicable, the maintenance of the required improvements. Upon such recommendations the City Commission, by resolution, shall approve the su~di:Sg!cn development, the dedications on the plat and the maintenance responsibilities of the required improvements identified thereon. Page 23 of 42 Words in ........... e,-- type are deletions from existing law;] CODING: ' ~,.4,.~ ~u ..... *, Words in underscore type are additions. S:\CA\Ordinanccs\LDR ChangesXExhibit B - Eng/n¢¢ring Dept LDR Name Chg061902.doc Sec. 3. City completion of required improvements. When a plat has been recorded and the developer fails to co~,p_lete the improvements required by this ordinance, thc City Co~ission may, at it s option, complete the publicly owned and maintained improvements or restore the site to its ARTICLE VII.- SUBDIVISIONS CONTAINING AD$OtNING WATERFRONT PROPERTY Sec. 4. Construction and permitting. A. PLANS. No person, firm, corporation, or any other association shall alter, reroute, deepen, widen, change, or construct any waterway without first submitting construction plans and an application for such work to ~h~,~,,, ...~a;"~-....~.....~^*' ....'~ .... · -----v---~.~ ...... city engineer for a dredge, fill or excavation permit. Prior to the issuance of such a permit, the plans shall be approved by the d ...... engineer. Sec. 6. Dedication. A. DRAINAGE EASEMENTS. Where, in the opinion of the diveemr-~ d~,~hmaa~m city engineer, public rights for drainage purposes are necessary, an easement shall be dedicated to the city. C. MAINTENANCE. Perpetual maintenance of rights-of-way or easements for canals, watercourses, lakes, streams, channels or other water management areas shall be dedicated to a property owners' association unless the right-of-way or easement is public, in those cases maintenance may be dedicated to the city for the limited purpose of providing minimum drainage as determined by the dir-eemr--of d,~v~q~pn,.~ city engineer. Page 24 of 42 CODING: Words in str:.ke *~' ..... ~. r,,,,~ are deletions from existing law;] Words in underscore type are additions. S:\CA\OrdinanceskLDR Changes~Exhibit B - Engineering Dept LDR Name ChgO61902.doe C R7 SIJRETY ARTICLE I. - IN GENERAL Sec. 2. Applicability. C. Periodic reduction in surety. From time to time during progress of the work the developer may request that the .~:~..,.,,. ~.c .; .... ~ .....· ........ .~ ~,~ ~,.~ r-;,~, r-,..-..~;~^~ city engineer reduce the dollar amount of the surety on the basis of work completed, but in every case the remaining funds shall be sufficient to complete the obligation. In the case of surety for required improvements, associated with subdivision development, five (5) per cent of the engineer's certified cost of required improvements shall be retained for one (1) year atter acceptance of such improvements by the City Commission as a guarantee against defects in workmanship and material. The final release in surety of the remaining balance of the surety by letter of credit or other instrument, shall be approved by motion or resolution of the City Commission with the recommendation by the appropriate department and/or the city engineer. Sec. 3. Types of surety. LETTERS OF CREDIT 5. No letter of credit shall be deemed accepted by the city until accepted by motion or resolution of the City Commission following review and approval by the city attorney's office for legal sufficiency and by the finance department for the bank's rating. 6. Original letters of credit shall be maintained by the edW-ete~ finance 'department and shall be clearly identified as to the project or contract for which it is issued. CHAPTER 7.5 Page 25 of 42 CODING: Words in s~*a4.k,, *~' ..... ~- e,~e are deletions fi-om existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangeskExhibit B - Engineering Dept LDR Name Chg061902.doc ENVIRONMENTAL REGULATION *** ARTICLE II. - LANDSCAPE CODE Sec. 7. Performance surety. In the event that the landscaping requirements of this article have not been met at the time that certificate of occupancy could otherwise have been granted, and said permit or certificate is requested by the developer, the city may enter into an agreement approved by the city attorney with the owner or his agent that the provisions and requirements of this will be complied with. In that case the owner or his agent shall post a performance bond or other city-approved surety in an amount equal to one hundred and ten (110) per cent of the costs: of materials, labor and other attendant costs incidental to the installation of the required landscaping based upon an estimate provided by a qualified landscaping contractor. The surety shall: A. Run to tke Ci.%' Ccn~'rJ:r,/cn Name the City Commission as beneficiary. B. Be in a form satisfactory and acceptable to the city mma-ag~ attorney and the finance director. C. Specify the time for the completion of the landscaping requirements of this article as determined by the city manager. CHAPTER 8 EXCAVATION AND FILL REGULATIONS ARTICLE m. - PERMITTING A. Permit application and review. Landowner or his agent shall secure a ,~;,.~.~. ~.v ~ .... ~ .....* city engineer permit for work described in this chapter from the ,m.,., ........... ~, ....... as follows: Page 26 of 42 CODING: Words in.,,,,.,,,~'~ *~'~.~.,,.r~.~' type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR Changes~Exhibit B - Engineering Dept LDR Name Chg061902.doc 2. Reviews. a. Commission review. (1) When required. The applicant must secure approval of the City Commission for all work which includes the moving of more than 1,000 cubic yards of materials beyond the project property lines. Exception:. work associated with plat approval does not require second Commission approval; however a permit shall still be secured through the city engineer for the movement of stated materials. 3. Permit issuance. An excavating, filling and/or dredging permit or 1..,.-1 ,4 .... 1^~.+ permit to construct within the public right-of-way cr -"- .......... v ....... ..... ~-~*^- ^*' ~ .... ~ ......city engineer pem~ ...... shall be issued by the d ............... v ....... prior to any work being performed. If the excavating, filling and/or dred~ng is a part of a land development permit application, then the permit ~hall be issued by the director of development prior to any work being performed. B. Permit fees. Fees for excavating, filling and/or dredging and for permits to construct within the public fights-of-way will be as established by the City Commission by resolution(s) from time to time, and ..tm..... ,.~,... +~.~...~.~.~---'.. ,~.~'- unless otherwise identified by separate resolution, the fees for excavating, filling and/or dredging as set forth under a land development permit application will be used. D. Exemptions, Single-family and duplex residential lots are hereby exempt from securing a separate permit pursuant to this Article. ARTICLE IV. - CONSTRUCTION A. Creation of water bodies. In instances involving the creation of water bodies as a result of excavating materials, work shall comply with the requirements of the water management district except the city may impose more stringent requirements when judged to be in the public interest. Those requirements include, but are not limited to, the Planting of fifty (50) per cent of the lake perimeter with approved littoral and upland plantings. Page 27 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR Changes'd~xhibit B - Engineering Dept LDR Name Chg06 t 902.doc All water bodies such as lakes, canals, and other storm water detention areas used for tracts shown on All. lakes, e of a Inspections and reports. 1. InspeCtions by city. In connection with the administration of this chapter, inspections shall be requested by the developer as prescribed by the director of development and/or the city en~neer if the construction is part of a land development permit, or by the city en~neer if the construction is for excavation, fillin~ and/or dred~ng or for work within the public fight-of-way, and will become a part of the final record of the proiect for which the permit is applicable. C. Stoppage of work. Failure to comply with the plans of record shall result in an order to stop work from either the director of development or the city engineer or his their designee. Sec. CHAPTER 10 TELECOMMUNICATION TOWERS AND ANTENNAS Telecommunications Towers. Co Minimum standards. $. 18__ Inspections. Page 28 of 42 CODING: Words in s.*aSke ~' ..... ..... r:,--~' type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangeskExhibit B - Engineering Dept LDR Name Chg06 1902.doc a. Telecommunication tower owner's shall submit a report to the city building division, department of development, certifying structural and electrical integrity on the following schedule: (1) Monopole towers - once every five (5) years; (2) Self-support/lattice towers - once every two (2) years; and (3) Guyed towers - once every two (2) years. b. Inspections shall be conducted by a Florida registered engineer. The results of such inspections shall be provided to the building division, department of development. Based upon the results of an inspection, the Building Official may require repair or removal of a telecommunication tower. c. Should the building division, department o_f development, have reason to believe a telecommunications tower site is not in compliance with applicable building and electrical codes, the city may conduct periodic inspections of the site to ensure structural and electrical integrity. The owner of the telecommunications tower may be required by the city to have more frequent inspections should there be reason to believe that the structural and electrical integrity of the tower is jeopardized. The city reserves the right to require additional inspections if there is evidence that the tower has a safety problem or is exposed to extraordinary conditions. 6. 19. Telecommunications towers are prohibited when a proposed or existing principal use or uses within two hundred (200) feet of a proposed tower includes the storage, distribution, or sale of volatile, flammable, explosive or hazardous wastes, including but not limited to, LP gas, propane, gasoline, natural gas, and corrosive or dangerous chemical purposes, unless the city fire marshal determines that the proximity of a telecommunications tower does not pose any danger or risk of explosion or fire or unless used for backup power purposes. ;t. 20. Fees and charges. Public land or right-of-way lease agreements shall be established by separate instrument. 8. 21. Additional uses permitted on lot. Communication towers may be located on lots containing another principal use. Separation between communication towers and other uses on the lot may be required to ensure compatibility. Towers may occupy a leased parcel on a lot that meets the minimum lot size requirement of the zoning district in which it is located. For lease parcels not meeting the minimum lot size requirement, the city shall require the execution of a unity of title, unity of control, or other documentation as determined appropriate by the City Attorney. Page 29 of 42 CODING: w,,,-,~ ~,, ~-~ *~ ..... ~ t,~e are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangesXExhibit B - Engineering Dept LDR Name Chg061902.doc CHAPTER 21 SIGNS ARTICLE II. - VARIANCES/EXEMPTIONS AND PROHIBILITIONS Sec. 1. Variances. After denial of a sign permit by the development department, a request for variance may be filed with the ~,,.~.,~,..,.....,.Ac -~-,-----~,~ ap~za!z City Commission pursuant to Chapter 1, Article VII, Sec. 1.D.2. of these regulations, The ~,,.~.~..~ ,..^c-~;.v.,.,..e, ....... .-t-v.-,--~'~ City Commission may grant a variance if it finds that the unusual shape or topography of the property in question prevents signage allowable under the provisions of this ordinance from adequately identifying the business or other activity located on such property. The l:~.a AC-.,..-; ..... eak t"it" Commission may only grant a variance to: A. Allow a setback less that that required under the chapter; B. Allow the area and/or height of a sign to be increased byup to twenty-five (25) percent of the maximum allowable height or area; or this code. Allow the number of signs to be increased over the maximum allowed by No variances may be granted to signs expressly prohibited by this chapter. CHAPTER 22 STREETS AND SIDEWALKS ARTICLE I. - IN GENERAL Sec. 1. Street designation system. All streets, avenues or other thoroughfares for vehicular traffic shall be designated ..... · -:~ .... -~--~* *-~ in accordance with city standards. Such designation shall be vested in the director of development who m~.:,' shall also maintain the city's master land file and allocate secondary street designations at his discretion. Page 30 of 42 CODING: Words in s,.*rikz ~,.rcugk type are deletions from existing law;] Words in underscore type are additions. S:\CA\OrdinanceskLDR ChangesXExhibit B - Engineering Dept LDR Nam~ Chg061902.doc Sec. 5. Sidewalks, when required. A. Waiver. Upon the recommendation of the,~,~a;"~*~*.,,.,......As' ...a .... · -- --. v .--.-- ,~ ..... · ,,.~o;,,, engineer, sidewalk requirements may be waived for an individual lot when adequate pedestrian circulation is provided by bicycle or pedestrian paths, or where the sidewalk requirement would not be compatible or in harmony with adjacent nearby properties previously developed without sidewalks. An application fee, as adopted by resolution of the City Commission~ shall accompany applications for waiver of this section. AKTICLE II. - CONSTRUCTION, REPAIR OR ALTERATION Sec. 1. Standards. All work performed in public or private rights-of-way shall conform with the current Department of Engineering Design Criteria and Standards Handbook Fn~e De uz~nent ....... t- .................. ~, ......................... e, ......... Sec. 2. Application required; contents. An applicant for the permit required by Section 7 hereunder shall file with the · + ^~,1 1 ~--~.~,~.+ ' ' r direc,or ,,, ,~eve,,,v ....... mty engmee an application showing: A. Name and address of the owner, or agent in charge, of the property abutting the proposed work area; B. Name and address of the party doing the work; C. Location of the work area; D. Attached plans, or sketch, showing details of the proposed work; E. Estimated cost of the work; F. Such other information as the director.,.~c ,..,": .... · ~--,v---'----~ ..... * city engineer shall find reasonably necessary to determine if a permit should be issued hereunder. See. 3. Permit fees. Page 31 of 42 CODING: Words ino.~...~,.,°~'~1'~ ~-l~.~...,,.~f::~.l~ r,~,.., r" are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangeskExhibit B - Engineering Dept LDR Name Chg061902.doc Fees for work within public rights-of-way shall be as established by the City Commission from time to time by resolution. A separate fee is payable for each curb, street to be altered sidewalk, curb-cut, driveway or Sec. 4. Permit issuance. The d: ....... ~ ......v ....... c~ty engineer shall issue a permit hereunder when it is found: A. That the plans Commission or that they have been RegulatiOns. by the City B. That the work will be done according to the standard specifications of the city for public work of like character. C. That the operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of egress to and from the property affected and adjacent properties. Do impaired. That the health, welfare and safety of the:public will not be unreasonably Sec. 5. Inspection, approval. A. A person doing work under this article, or his agent, shall call for inspection in v,~t;.ng a minimum of forty-eight (48) hours prior to starting work. The director of dev~!opmcr2 city engineer and/or his designee shall designate the day and hour that the inspection is to be performed, and an inspector shall be present at the commencement of the operation so as to review work in progress. Upon completion of streets, sidewalks or other public ways, approval shall be required prior to release of bend surety,. B. In the event it should be necessary to have the services of a Florida registered engineer for any inspection, or technical approvals are deemed necessary by the .............. t-, ....... ctty engmeer, such expenses shall be borne by the applicant. Sec. 6. Surety. The director ^*' ~ .... ' ..... * city engineer shall have the authority to require the applicant to provide adequate surety to protect and save harmless the city from all claims Page 32 of 42 CODING: Words...;" .........~4t'~ ,~...~....~.~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangeskExhibit B - Engineenng Dept LDR Name Chg061902.doc for damages or injury to other persons by reason of work under his permit. Such surety shall be equal to one hundred ten per cent (110%) of the estimated value of the project. Sec. 7. Work within 'rights-of-way. A. Permit required; scope. No person shall begin to construct, reconstruct, repair, alter or grade in or upon any area of public or private fights-of-way in the city without: first obtaining a permit as provided in this section. The permit shall entitle the applicant to work ina maximum of one thousand six hundred (1,600) lineal feet of right-of-way. A separate permit must be obtained for each additional one thousand six hundred (1,600) lineal feet of work. Where the work is continuous, restoration must be completed on the first permit before a third permit may be issued. At no time shall more than two: (2) permits be issued for one location. For projects that shall be in the as one .'oreman or his designated representative at the work site. B. Permit Application. An applicant for the permit required under this ,~,~ a:-~,~- ^f ~-,e~c-me-* ci~" engineer an application section hereunder shall file with ................ ~ ..... , showing the following: 1. Name and address of the contractor performing the work. Name and address of the per-sos owner or company for whom the work is being performed, and the property abutting the proposed work area. 3. Location of the work area. 4. Attached plans, or sketch, showing details of the proposed work. 5. Estimated cost of the work. 6. Such other information as the ci~ enoneer shall find reasonably necessary_ to determine if a pemfit should be issued hereunder. D. Permit Issuance. The direct.~r...^~' ....a ..... ~..~v......~.~ ..... + ~..-'it,,~ engineer or his designee shall issue a permit hereunder when ke F~n~: +&at the work complies with the provisions of this Code of Ordinances and Land Development Regulations. Page 33 of 42 CODING: Words in ~ type are deletions fi:om existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangesXExhibit B - Engineering D~pt LDR Name Chg061902.doc F. Safety precautions. devices and techniques Devices used to safeguard job site and all traffic control of I. Guarantee of pavement. All pavement replacement work within fights-of- way shall be guaranteed by the contractor for one year, and any failure or problems developing due to the. construction or reconstruction of the pavement ~11 be the responsibility of the contractor, to be repaired by him as directed by the ~ ~ city engineer or his designee, at no cost to the city. K. Replacement of sidewalks, curbs and driveways. Sidewalks, curbs, gutters and driveways, if removed for construction, shall be replaced in accordance with current city standards and specifications, and no pavement shall be placed without prior inspection of forms and excavation by the d~eetor cf develc~mer~ city engineer or his designee. L. Compacting surrounding area. All backfilled areas within six~rS"j eimht (8) feet of pavement shall be compacted/stabilized to meet a ............................. ~ $"~n u e T t-,,rr~",t t~itx,.__ ~tandards Planting in swales and rights-of-way. Page 34 of 42 CODING: Words in ~..4,.~ +*. .... ,~k ........... r=,-- type are deletions fi-om existing law;] Words in underscore type are additions. S :\CA\Ordinances\LDR ChangcsXExhibit B - Engineehng Dept LDR Name Chg061902.doc Layout with respect to plant material, location and size at maturity must be acceptable to both the city forester and the d~.rectcr ^*'... ,.~ ~ ......,.,.v....,..~ ..... * city engineer, and; ARTICLE III. - STREET AND EASEMENT ABANDONMENT Sec. 2. Application/sub mission. All requests for vacation and/or abandonment of city streets, alleys, special purpose easements and other nonfee interests which the city may have in real property shall be made in writing and executed in ~pl!cate duplicate by the party or parties requesting the same. The application shall be filed with the ~ planning and zoning division of the development department and shall include, but not be limited to, the following: A. The name and address of the applicant or applicants. B. A complete and accurate legal description of the street, alley, special purpose easement or other nonfee interest of the city or any portion thereof sought to be abandoned or vacated. INta~pessi~, T~he legal description shall be accompanied by a plat, map or drawing showing the general area involved and the location of the specific property interest to be abandoned or vacated. C. Whether title or interest of the city and the public in and to the property sought to be abandoned or vacated was acquired by deed, dedication or prescription, and if recorded in the public records, the book and page number thereof. D. The reason for the request of the abandonmem or vacation. E. The names and addresses of the owners and occupants of abutting real property. F. Certification that the property was not acquired or dedicated for state or federal highway purposes and will not adversely affect other property owners or unreasonably limit access to their property. G. Written ag_verification from each affected or potentially affected utility company that they have no interest in the vacation/abandonment, or, if they have present or future interest, proposed easement documents protecting their interests. CODING: Page 35 of 42 · ~,~ +~ ..... h m,~ are deletions from existing law;] Words tn ............ r~- -.~ t~ Words in underscore type are additions. S:\CA\Ordinances\LDR ChangesXExhibit B - Engineering D~t LDR Name Chg061902.doc H. Notarized certificate by the applicant that the application and accompanying material are true and correct. I. Such other relevant information as the city may require including, but not limited to, an: omership and encumbrance report from a title company. Sec. 3. Application fee. A. Each application filed with the ~ planning and zoning division, other than an application initiated by motion of the City Commission, shall be accompanied by payment of a fee as adopted by resolution of the City Commission covering the cost of administrative review, site analysis and investigation and publication. B. Upon the application being properly submitted, it shall be accepted and filed by the ~ planning :and zoning division, who.shall give a receipt to the applicant for the fee paid. Sec. 4. Processing of application. CODING: Page 36 of 42 · r ',-~ +~. ..... ~- deletions fi'om existing law;] Words ~n ~tn ........ ~,. type are Words in underscore type are additions. S:\CA\Ordinances\LDR Changes~Exhibit B - Engineering Dept LDR Name Chg061902.doc Determination of completeness. Within two (2) business days (after the date of filing) of receiving application and documentation for the abandonment, the planning and :zoning division shall inform the applicant of completeness of the application and the schedule according to which the apphcation will be processed. The planning and zoning division may reiect the application if a similar application has been considered at any time within six (6) months of the date the later application: is submitted. Upon proper submittal, the planning and zoning division shall proceed as follows: 1. Provide the city engineer, director of planning and zoning, director of utilities, fire chief, police chief and director of public works with a copy of the application and request their review and recommendations within twenty (20) calendar days. 2. Notif~ the general public by publishing notice in a newspaper of general circulation in the city, of the time and place of public heatings on the proposed ordinance at least fifteen days prior to the first public hearing. 3. Transmit: the documents with the staff comments to the planning and development board or community redevelopment agency board for review at the next available meeting. 4. Provide notification of the board's and City Commission's public hearings by regular mail to the following: ao Owners and occupants of all abutting property; and Each and every public utility. Page 37 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR Changes~Exhibit B - Engineering D~t LDR Name ChgO61902.doc Action by the boards. The planning and development board or community ARTICLE I.-IN GENERAL Sec. 4. Minimum standards. All areas proposed for parking or storage including those instances exempted in Section 3 hereinbefore shall be improved to provide a hard, dust-free surface aec-epta~ ,~:,~, As-~ ....~ ....* in accordance with city standards to ~.e ................~, ........ . Sec. 5. Permitting A. When required. A permit shall be secured from the director of development following consultation with the city engineer prior to the construction of any parking lot. The issuance of a permit shall not relieve any party from obtaining the necessary permits which may be required by the various state, federal or local government agencies which have jurisdiction over the proposed construction, including, but not limited to, permits for paving and drainage, lighting and irrigation. Final inspections of the parking lot for compliance with this chapter and other city code requirements and standards are required prior to the issuance of a certificate of occupancy. Sec. 6. Non-compliance Page 38 of 42 CODING: ~r.,..,~o,, ,,L~,o ,,,;" .,,...-~ **'.-~.-,-r:,--~' type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR Changes,Exhibit B - Engineering Dept LDR Name Chg061902.doc A. Stoppage of work. Failure to comply with the plans of record or other city ordinances shall result in an order to stop work from the development director or his designee. Damage to public property resulting, from work performed may result in a stop work order if a threat exists to the health and safety of the public. ARTICLE II. - REQUIRED IMPROVEMENTS. 4*4 A. Illumination 1. General a. Lighting design. A minimum average light level of one (1) foot candle shall be provided, with no more than ten (10) per cent of the spot readings below one (1) foot candle and not below one-half (1/2) foot candle. Fixtures shall be an energy efficient type automatically controlled by photoelectric switch or other device acceptable to the director of development and are to remain on from dusk to one (1) hour after closing or 2 A.M., whichever is later. Submit documents showing, at a minimum, pole locations and details; fixture types and sizes; light contours depicting anticipated levels of illumination (in foot candles) at roadway surface; certification of compliance with the latest edition of the Florida ...... Bmld~ng Code and capacity to withstand a ~ ~ n 140 m.p.h, wind load; and proposed conduit routing. C. Landscaping. Each parking lot shall be landscaped consistent with Chapter 7.5, Article II, Landscape Code, or in the instance of the central business district, C.._~hapter 7.5, Article tli, Landscape Code. D. Irrigation. All landscaped areas within parking lots shall have an automatic irriqation system, approved and permitted through the development department. Eack E. Curbs and car stops. No more than two (2) aisles may be traversed without interruption which shall be accomplished by the installation of wheel stops or a raised, continuous curb. Landscape areas in parking lots shall be protected from the Page 39 of 42 CODING: Words in rn4~-~ +~- ..... "type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangeskExhibit B - Engineering 12~t LDR Name Chg061902.doc encroachment of vehicles by a continuous, raised curb, or in the instance of a parking stall, by a wheel stop or a raised continuous curb. Areas to be protected include all stalls and landscaping adjacent to ) inches above pavement ~ utilizing a minimum of twenty-five hundred (2500) psi concrete. F. Drainage. Storm water shall be ~ designed for a minimum, (1) hour. minimum tit) Catch basins shall impervtous: areas and facilities shall be :apacity shall with For fix site at the city H. Driveway 1. Width. Parking lot driveways shall be a minimum width of twelve (12) feet for one-way drives and twenty-five (205) feet for two-way drives, at the fight- of-way line. Maximum width of any drive at the fight-of-way line shall be tl'fiXy e::o f~'~ thirty-six (36) feet, unless otherwise approved by the dlrzctc, r,~.~*' .~.. ~ .... · ,--.~v---.-.-.~ ..... · ~--~"it" engineer. 2. Drive radii. Each parking lot driveway shall have a radius at the intersection of the vehicular traffic lanes of twenty-five (25) feet or as otherwise approved by the ~rzcte. r cf de.;'e.!Z~mznt city engineer. 6. Intersections with county and state roads. Driveways which intersect streets owned and maintained by a governing body other than Boynton Beach must be permitted by the proper governing agency, prior to~..~.....,~.....~"~'~;~;~" .,."*' ~}....-.. far issuance of a building permit: CODING: Page 40 of 42 Words ;" ~,.;~-~ .~. ..... ~- type are deletions from existing law;] Words in underscore type are additions. S :\CA\Ordinances\LDR Changes~Exhibit B - Engineering Dept LDR Name Chg061902.doc Parking Lot Layout 2. Access. Each parking lot or parking stall shall have sufficient access from a street, alley or other public or private way. Maneuvering and access areas shall be of sufficient size to permit vehicles to enter and exit the parking lot and parking stalls in a safe and efficient manner. In no instance shall parking lots be designed to allow vehicles to back out into any public alley or road rights-of-way, or segments of private streets which function as local or collector streets. All angle parking shall have a minimum back-up distance of twenty (20) feet between the parking stall and the abutting aislewa¥ in accordance with current city standards. M. Fire lanes. All shopping centers, retail office complexes and retail establishments including commercial establishments and industrial areas, in which the gross floor area of all buildings is fifteen thousand (15,000) square feet or greater shall have fire lanes along the front of all buildings which shall allow efficient access to the fronts of buildings by fire protection vehicles. Fire lanes shall have a minimum pavement width of twenty-two (22) feet. Fire lanes shall not be encumbered by parked vehicles, and shall not be used for a loading or unloading of commercial vehicles. Additionally, fire lanes shall be clearly marked with signs and striping or a combination of both, which shall comply with Article II, Section B.2. of this chapter. P. Sidewalks. S~c. et ~;'~ ..... ~t.~ ~.~; .... , ,,....,.~.:~_ ,~,~ Sidewalks shall be (6) through ~,,., ,.~ ~;v t,~ :~.~ +~.:~t....;.,.:., _,: ....... · inches thick all driveways; ...... ~,,/ ............. CC .........SlX ............ d:q¥c, way and shall meet handicap code requirements where applicable. Refer to ci~ st~d~ds for specific requirements. Page 41 of 42 CODING: Words in r,~a4k~dar-oqagh type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR Changes~Exhibit B - Engineering Dept LDR Name ChgO61902.doe Other tYPes of construction that may beo,.~.....~,.,~~,'~'--;~'~'~ -~-*' .......... ~vv.~,-.~ utilized are portland cement concrete, paving blocks, and stabilized sod subiect to the approval of the city engineer. S. Loading zone. All parking lots subiect to the requirements of Chapter 2, H:\1990'000182.BB\ORD~Exhibit B - Engineering Dept LDR Name Chg.doc Page 42 of 42 CODING: Words in~,~....~t'~ ~,,_,...,~r~.~, type are deletions from existing law;] Words in underscore tYPe are additions. S:\CA\Ordinances\LDR ChangeskExhibit B - Engineering Dept LDR Name Chg061902.doc XII. - LEGAL CITY OF BOYNTON BEACH ITEM A.4 AGENDA ITEM REQUEST FOIl,. Requested City Commission Meeting Dates ~-~ August 6, 2002 ~- August 20, 2002 ~ ~ [] September 3, 2002 [] September 17. 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meetint Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office S~teml:~' 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Adroini.qtrative [] Developmem Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve amendments to Municipal Police Officers' Pension Ordinance, amending Chapter 18, Pensions and Retirement, Article Ill Municipal Police Officers' Retirement System of the Code of Ordinances Section 18-167 Powers of the Board, providing for further diversification of investments. EXPLANATION: The Board of Trustees of the Fund, at the advice of its financial consuRants, have determined that it is in the best interest of the participants and beneficiaries of the Fund to diversify its investments. The Board of Trustees desires to add to the asset classes that the Fund may invest in and add such provisions. PROGRAM IMPACT: The revisions to the Police Officers' Pension Plan will provide for diversification of its investments. FISCAL IMPACT: ALTERNATIVES: Department Head's Signature ' Department Name /'' C~y Mai{aier, st~ignature City Attorney ~ ~inhnce / Human Resources S:~BULLETIN~ORMSX, AGENDA ITEM REQUEST FORM.DOC ORDINANCE 02- ~ 3 ¢ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON, FLORIDA, AMENDING CHAPTER 18, PENSIONS AND RETIREMENT, ARTICLE 1II MUNICIPAL POLICE OFFICERS' RETIREMENT SYSTEM OF 7 ~REAS, the City of Boynton Beach Municipal Police Officers' Retirement Fund (,Fund") Board of Trustees ("Trustees"), at the advice of its financial consul- tants, desires to add to the asset classes that the Fund may invest in; and WHEREAS, the Board of Trustees of the Fund has determined that it is in the best interest of the Participants and Beneficiaries of the Fund to further diversify its investments; and WHEREAS, the Trustees desire to add such a provision; and WHEREAS, the City Council of the City of Boymon Beach, Florida, desires to M~cipal Police Officers' Pension Ordinance in order implement these · ' to the Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE OF BOYNTON BEACH, FLORIDA: Section 1. That Section 18-167. Powers of the Board of Trustees, Subsection (a) is amended by adding the words and figures in underlined type, and by deleting the in struck-through type, as follows: ~lice Investment Policy Amendment 072302.doc 18-167. (a.) Section 2. y amended, Powers of the Board of Trustees The Board of Trustees may: (2) Invest and reinvest the assets of the retirement trust fund in: b. The aggregate investment of fund assets in: 3. Bonds or other evidences of indebtedness issued or guaranteed 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. However, the average credit rating of such investments in bonds shall be & lower than AA-; d, Real Estate, except that the agg'reRate investment of fund assets in Real Estate may not exceed 10% of assets. Each and every other Section of Chapter 18, not herein shall remain in full force and effect as previously enacted. Investment Policy Amendment 072302.doc 2 Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraPh, sentence or word be declared by a court of competent udsdiction to be invalid, such decision shall 3rdinance. Section 5. Section 6. )assage. not affect the remainder of this Authority is hereby granted to codify said ordinance. This ordinance shall become effective immediately upon FIRST READING this ~ ~-~ay of August, 2002. SECOND, FINAL READING AND PASSAGE this day of August, 2002.. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner &TTEST: Commissioner City Clerk S:\CA\Ordinances~Pension\Police Investment Policy Amendment 072302.doc 3 Requested City Commission Meeting Date~ August 6,2002 [] September 3, 2002 [] September 17, 2002 NATURE OF AGENDA ITEM XII. - LEGAL ITEM A.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOk-. Date Final Form Must be Turned in to CiW Clerk's Office July 17, 2002 (5:00 p.m.) [] August 5, 2002 (Noon) [] August 19, 2002 (Noon) [] September 3, 2002 (8:00 a.m.) [] Requested City Commssion Meeting Dates October 1,2002 October 15. 2002 November 6, 2002 November 1.9, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noorr~: -':' [] Administrative [] Development Plans ,-_-~ [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Amending Chapter 2. Administration. Article III, Elections, Section 2-41 Voting Districts to establish a revised redistricting boundary map. EXPLANATION: Section 17(0 of the Charter required the City of Beynton Beach to identify, designate and prepare the voting districts by January 1, 2002. To comply with that requirement, the City retained the services of Lance deHaven Smith, Ph.D and David Buffington, Chief Counsel of Reapportionment Group 2000, LLC. to assist with this project. In December 2001, City Commission workshop meetings were held to accept comments and recommendations from the consultants and the public. On January 2, 2002, the City Commission adopted Resolution No. 02-005 that established the City Commission Election Districts. The City of Boynton Beach Code of Ordinances will be updated to reflect the revised redistricting boundaries upon passage of this Ordinance. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: If this Ordina .nde is not adopted, the outdated election district boundaries will remain part of the Code of Ordinances. ~)f~__ ', ,¥?,, .'x ~-9---~- 5. / ' / "Cit~Mana~lx's Signature o21l.; 0 Department N~/ City Attorr[~;/-Finance / Human Resources Document2. ORDINANCE NO. 02- 0 -'~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 2. ADMINISTRATION. ARTICLE III: ELECTIONS. SECTION 2-41. VOTING DISTRICTS, ESTABLISHING REVISED REDISTRICTING BOUNDARY MAPS; PROVIDING FOR CONFLICTS, SEVERAB~ITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, ~n compliance with Section 17(0 of the Charter of the City of Boynton Beach, the geographic boundaries for each of the four (4) voting districts of the City Commission have been revised; and WItEREAS, the City Commission deems the adoption of this Ordinance to be in the best interests of the citizens and residents of the City of Boynton Beach, Florida; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are tree and correct and are now ratified and confinned by the City Commission. ;ection 2. That Chapter 2. Administration, Article 1II, Section 2-41 is hereby amended by deleting (1), (2), (3) and (4) in their entirety, and adding a revised (1), (2), (3) and (4) as follows: (1) DISTRICT NO. 1 COMMENCING at the centerline intersection of Bovnton Beach Boulevard and the centerline of the Florida Department of Transportation (FDOT) Railroad Comdor (Th-Rail) (aka CSX Railroad); thence mn westerly along the centerline of Boynton Beach Boulevard to the centerline intersection of NW 8th Street and the POINT OF BEGINNING; thence mn southerly along the cen. terline of NW 8th Street and SW 8th Street to the centerline of Purple Heart Way (_fka Morton's Way); thence mn easterly along the centerline of Purple Heart Way to centerline of said FDOT Railroad Corridor; thence mn southerly along the centerline of the FDOT Railroad Corridor to the centerline of SE 23~ Avenue (aka Golf Road); thence mn easterly along the centerline of SW 23rd Avenue to. the centerline of SW 4th Street; thence mn southerly along the centerline of SW 4th Street to ithe centerline of SW 23rd Terrace; thence mn westerly along the centerline of SW 23rd Terrace to the centerline of SW 6th Street; thence mn southerly along the centerline of SW 6th Street to the centerline of SW 25th Avenue; thence mn westerly along the centerline of SW 25th Avenue to the centerline of SW 8th Street; thence mn southerly along the centerline of SW 8th Street to the centerline of Chapel Hill Boulevard, thence mn easterly along the centerline of Chapel Hill Boulevard to the centerline of Femwood Drive; thence mn southerly along the centerline of Femwood Drive to the centerline of Canal Drive; thence mn westerly and southerly along the centerline of Canal S:\CA\OrdinancesXAdministrative~edistricting Boundaries.doc Drive to the centerline of Mission Hill Road; thence mn easterly along the centerline of Mission Hill Road to the centerline of Swinton Avenue; thence mn southerly along the centerline of Swinton Avenue to the city's southern corporate limits with the City of Delray Beach; thence mn westerly along said city's southern corporate limits to the easterly right-of- way line of the Lake Worth Drainage District (LWDD) Equalization (E'} 4 Canal; thence mn southwesterly along: the said LWDD E-4 Canal fight-of-way line to the southeasterly comer of Lot 13 as shown on the plat of LAKE EDEN SUBDIVISION PLAT NO. 2, as recorded in to the Public RecOrds of Palm Beach County, Florida; thence mn northeasterly, southeasterly and :southwesterly 'Not Included' parcel to the northeasterly comer of Lot 12 as SUBDIVISION PLAT NO. 2; thence mn southeasterly along the easterly propert~ line of said Lot 12, Lot 11 and Lot 10 to the centerline of said LWDD E4 Canal as currently laid out and in use; thence mn southwesterly along the centerline of said LWDD E-4 Canal to the east mn of Plat of Pine thence nm line EDEN ~fLot 1 laid Book 32, ~of Worth of said of Old Old ;:\C A\Ordinances~a, dministrativeXRedistric tin g Boundaries.doc (2) DISTRICT NO. 2 centerline g Boundaries.doc CSX to the ~f Federal as located limits at the southern .venue to the Hill the the thence the )fSV~ easterly along the centerline of Bognton Beach Boulevard to the POINT OF BEGINNING. (4) DISTRICT NO. 4 BEGINNING at the centerline intersection of Boynton Beach Boulevard and the centerline of the Florida Department of Tran.qportation (FDOT) Raikoad Corridor (Tri-Rail) (aka CSX Railroad); thence mn westerly along the centerline of Boynton Beach Boulevard to the centerline intersection of NW 8th Street and Old Boynton Road; thence mn northerly, [northwesterly and westerly along the centerline of Old Bowtton Road to the city's western Il corporate limits; thence mn northerly,, easterly, northerly, westerly, southerly, westerly, t[northerly, easterly, northerly, ~.a.qterly and northerly to the city's northern corporate limits, 11 said no'hem corporate limits being also the north fight-of-way line of HYPolUXo Road; subdivision line ,int Section 3. All laws and ordinances applying to the City of Boynton Beach in .,onflict with any provisions of this ordinance are hereby repealed. Section 4. Should any section or provision of this Ordinance or any portion hereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. .Section 5. Authority is hereby given to codify this Ordinance. Section 6. This Ordinance shall become effective immediately. FIRST READING this ~ -l~y of August, 2002. [IS :\C A\Ordinanc eskAdministrativekRedislricting Boundaries.doc SECOND, FINAL READING AND PASSAGE this day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Commissioner ATTEST: Commissioner City Clerk ;:\CA\Ordinances',Administrative'uRedistricting Boundaries.doc Requested City Commissicm Meeting Dates j August 6, 2002 ~0r August 20,'2002~O [] September 3, [] September 17, 2002 XII. - LEGAL ITEM A.6 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST Date, Final Form Must be Turned in to City Clerk's office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City cormmssion Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approval of Ordinance submitting to referendum an amendment to the Charter, at Article I, Section 17, entitled "Composition, Election, Terms, Vacancies". EXPLANATION: The Charter does not currently require a candidate for a district commission seat to reside in the district from which he/she seeks election prior to election day. A "yes" vote to the proposed amendment would required that a candidate for a district commission seat reside in the district to which he/she seeks election one year prior tothe filing for office. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Leave Charter section as is. DepartmentHead~s Signature · City Attorney's Office Department Name Signature ' A~mey / Finance / Human Resources S:,~BULLETiNX, FORMSkAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. :3 AN ORDINANCE SUBMITTING TO REFERENDUM CHARTER OF THE CITY OF BOSTON BEACH AT ARTICLE I, SECTION 17, "COMPOSITION, ELECTION, TERMS, 166, Florida Statutes, as amended, provides for a methodology of and WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission of the City of Boynton Beach, Florida, in an ordinance format; and WHEREAS, the Commission has recommended modifications to Article I, Section 17 entitled "Composition, election, terms, vacancies," of the City Charter; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ~ The foregoing "WHEREAS" clauses are hereby ratified and confirmed ks being tree and correct and are hereby made a specific part of this Ordinance upon adoption aereof. ~ Article I, Section 17, entitled "Composition, election, terms, vacancies", ;ubsection (a) of the Charter of the City of Boynton Beach is hereby amended to read as Sec. 17. Composition, election, terms, vacancies. (b) There shall be a City Commission of four (4) members elected fi:om each of the four (4) election districts within the City, Each Commission Member/aid ~.,~,dld,~tes i'oi- :listrict fi:om which said Commission Member is elected. A candidale for a Commi.q.qion di.qtrict .qeat rnn.qt Which ~the candidate .qeekq elec. ticm_ Voters shall vote for only one (1) candidate in each election district in which the voter resides. ~ The ballot title and the explanatory statement of the amendment, followed by the word "yes" and "no" shall be set forth as follows on the ballot at the general election in November 2002 for consideration by the qualified electors of the City of Boynton Beach, Florida: Title ONE YEAR RESIDENCY REQUIREMENT WITHIN DISTRICT FOR COMMISSION CANDIDATES PRIOR TO FILING FOR DISTRICT OFFICE Explanatory Statement The Charter does not currently require a candidate for a district commission seat to reside in the district fi:om which he/she seeks election prior to election day. A "yes" vote to the proposed amendment would require that a candidate for a district commission seat reside in the district to which he/she seeks election one year prior to filing for office. YES [] NO [] ~eetlnn & Al:[.v.m:~acmP.~ The City Clerk of the City of Boynton Beach is hereby and directed to advertise the referendum election contemplated herein all in Code. ~ ~ It is the intention of the City Commission of the City of the provisions of this Ordinance shall become and be made a part of the ; City of Boynton Beach, Florida Charter if adopted by the City elections. ~ ~,Ke, rJlhilil~ If any clause, section, or other part of this Ordinance be held by any cburt of competent jurisdiction to be unconstitutional or inv~alid, such ~ectlon 8. l~.ffeetlve Date of Ordinance. immediately upon its adoption. voting in the November 2002 election in This Ordinance shall take effect The Proposed of a majority of those electors ,2002. SECOND, FIN~ READING AND PASSAGE this DAY OF DAY OF , CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk '.DE_FS'~LIBRARYM 990L000182.BB\ORD\Charter Amendments-Sec. 17 Composition, Election, Terms Vacancies.doc Requested City Commission Meeting Dates , _j August 6, 2002 [] September 3, 2002 [] September 17, 2002 XII. - LEGAL CITY OF BOYNTON BEACE ITEM A.7 AGENDA ITEM REQUEST FOR.._ Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (g:00 a.m.) Requested City Comrrassion Meetin~ Dates [] October l, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Armouacement [] Presentation [] City Manager's Report RECOMMENDATION: Approval of Ordinance submitting to referendum an amendment to the Charter, Article 1, Section 21, entitled "Authority to Contract; Execution; Attestation and Seal". EXPLANATION: A vote of"yes" would approve deleting a portion of Section 21 of the City Charter which now requires that the Mayor sign all City con~acts. If the requirement is deleted, all contracts would be signed by the City Manager as chief executive officer of the City. This amendment would not effect the current charter provision that requrres Commission approval of contracts. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Leave Charter section as is. Department Head's Signature City Attorney's Office Department Name M'~City Attor~aty / Finance / Human Resources SABULLETIN~ORMSX, AGENDA ITEM REQUEST FORM.DOC AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, SUB~TTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF BOYNTON BEACH AT ARTICLE I, SECTION 21, ENTITLED TO CONTRACT; EXECUTION; FHE 166, Florida Statutes, as amended, provides for a methodology of and WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission of the City of Boynton Beach, Florida, in an ordinance format; and WHEREAS, the Commission has recommended modifications to Article I, Section 21 entitled "Authority to contract; execution; attestation and seal. of the C~ty Charte; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S~.etion 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being tree and correct and are hereby made a specific part of this Ordinance upon adoption hereof. attestation and seal." entirety as follows: Article I, Section 21, entitled "Authority to contract; execution; of. the Charter of the City of Boynton Beach is hereby deleted in its LAP:ia August [2, 2002 Page I of 3 Sec. 21 Authoth'y to conti-act; execution; attestation and seal. The commSr-Commi;sion shall have :the power to enter into contracts on behalf of the I City, and when so entered ~nto, the same shall be ~.,~,~u,~. ~,y ,,,~ ,v,ay,,~, aad attested by the I City Clerk with the seal of the City thereunto affixed. ,~ection3~ 'The ballot title and the explanatory statement of the amendment, followed by the word "yes" and "no" shall be set forth as follows on the ballot at the general election in November 2,002 for consideration by the qualified electors of the City of Boynton Beach, Florida: The ballot title and the explanatory statement of the amendment, followed by the word "yes" and "no" shall be set forth as: follows on the ballot at the general election in November 2002 for consideration by the, qualified electors of the. City of Boynton Beach, Florida: Title DELETING CHARTER PROVISION THAT REQUIRES MAYOR TO EXECUTE ALL CITY CONTRACTS. Explanatory Statement A vote of "yes" would approve deleting a portion of Section 21 of the City Charter which now requires that the Mayor sign all City contracts. If the requirement is deleted, all contracts would be signed by the City Manager as chief executive officer of the City. This amendment would not effect the current charter provision that require Commission approval of contracts. YES [] NO [] ~eetion 4. ~ The City Clerk of the City of Boynton Beach is hereby authorized and directed to advertise the referendum election contemplated herein all in accordance with the State of Florida Election Code. 8eetinn $. ~ It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Charter of the City of Boynton Beach, Florida Charier if adopted by the City elections. LAP:ia August 12, 2002 Page 2 of 3 ~ i~/.er_ahilili~ If any clause, section, or other part of this Ordinance shall be held by-any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way effecting the validity of the other prOvisions of this Ordinance. ~qee. fion ?. Conflicts. All Ordinances or parts of Ordinances, Resolutions, or parts of ReSolutions in cOnflict herewith, be and the same are hereby repealed to the extent of such conflict. This Ordinance shall take effect ~qectinn q. Effective Date of Pro?nsed Charter Amendments. The Proposed Charter Amendments will take effect upon the affirmative vote of a majority of those electors voting in .the November 2002 election in the City of Boynton Beach. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE. CITY OF BOYNTON BEACH, FLORIDA, ON THE FIRST READING, THIS ~ :(~ DAY OF ~~_~ 2002. SECOND, FINAL READING AND PASSAGE this DAY OF , 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk \XJGCDE FSkLIBRARYM990\900182.BB\ORD\Char~er Amendments-Sec. 21 Authori~ to Contract.doc LAP:ia August 12, 2002 Page 3 of 3 .XlI. - LEGAL ITEM A.8 CITY OF BOYNTON BEAC} AGENDA ITEM REQUEST FOl v Requested City Commission Meeting Dates .~ August 6, 2002 ~, August 20, 2002 ~-~"~ ~ [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's,Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2OO2 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to CRv Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5. 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consem Agenda [] New Bnsmess [] Public Heating [] Legal [] Bids [] 'Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approval of Ordinance submitting to referendum an amendment to the Charter, at Article IV, Section 49, entitled "General Provisions", to clarify the authority of the City Manager to hire or remove City employees without Commission confamafion. EXPLANATION: A vote of"yes" would approve an amendment to the city Charter which clarifies that the City Manager, as chief executive officer of the City has the authority to hire, appoint, and discharge all City employees, without the need for Commission conf'u-mation. The only exception would be the appointment or discharge of Assistant City Managers, which appointment or discharge shall require Co, ..... ission confmmtion. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Leave Charter section as is. Department Head's Signature Cit7 Attorney's Office Department Name kj(Z'ity Attm (Finance / Human Resources S:XBULLETIN~FORMSkA. GENDA ITEM REQUEST FORM.DOC AN ORDINANCE OF THE CITY OF BOYNTON BEACH, SUBMITTING TO REFERENDUM AN AMENDMENT TO CHARTER OF THE CITY OF BOYNTON BEACH AT ARTICLE IV, AND IN PARTICULAR PROVISIONS.", :OR BE :ELE THE WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a methodology of Charter amendments in Florida; and WItEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission of the City of Boynton Beach, Florida, in an ordinance format; and WHEREAS, the Commission has recommended modifications to Article IV, entitled "Administration" Section 49 entitled "General provisions." of the City Charter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Seefion 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. ~ A.t'ticle IV, entitled "Administration" Subsection (a) of Section 49 entitled "General provisions." of the Charter of the City of Boynton beach is hereby amended to read as follows: LAP:ja August 12, 2002 Page 1 of 3 ARTICLE IV. ADMINISTRATION Sec. 49. General provisions. (a) Administrative officers, departments and agencies. The government of the City shall be carried on by the Mayor and City Commission. They shall appoint a City Manager, who shall nerve as the City's chief e×ecutive officer and City Attorney, who both shall serve at the pleasure of the City Commission. There shall also be such other o~qqccrs, departments and agencies as may be established from time to time by ordinance ~o },eL ~%, ,l ....... ' ..... ' .... p¢i;sario~, as may be prescribed by adopted by the City Commission. All oilier o,qqce~s employees of the City shall be hired_ appointed and discharged by the City Manager, wiih only the appointment or discharge of Assistant City Managers subject t° confirmation.by the City Commission. ~eetinn 3. The ballot title and the explanatory statement of the amendment, followed by the word "yes" and "no" shall be set forth as follows on the ballot at the general election in November 2002 for consideration by the qualified electors of the City of Boynton Beach, Florida: Title CLARIFICATION OF THE CITY MANAGER'S AUTHORITY TO APPOINT OR HIRE CITY EMPLOYEES. Explanatory Statement A vote of "yes" would approve an amendment to the City Charter which clarifies that the City Manager, as chief executive officer of the City has the authority to hire, appoint, and discharge all City employees, without the need for Commission confirmation. The only exception would be the appointment or discharge of Assistant City Managers, which appointment or discharge shall require Commission confirmation. YES [] NO [] S~etlnn 4. ~ The City'Clerk of the City of Boynton Beach is hereby authorized and directed, to advertise the referendum election contemplated herein all in accordance with the Stat~ of Florida Election Code. ~ C_211tiF_.mltfill~ It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Charter of the City of Boynton Beach, Florida Charter if adopted by the City elections. l_XP:ja August 12, 2002 Page 2 of 3 See*inn 6. ~te.v. er. ahilit~ If any clause, section, or other part of this Ordinance shall be held by-any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way effecting the validity of the other provisions of this Ordinance. ,~etlon 7. Canflictq. All Ordinances or parts of Ordinances, Resolutions, or tn conflict herewith, be and the same are hereby repealed to the extent of Ordinance shall take effect The Proposed take effect upon the affirmative vote of a majority of those electors voting in the:November 2002 election in the City of Boynton Beach. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE _CITY OF BOYNTON BEACH, FLORIDA, ON THE FIRST READING, THIS ~ ff~' DAY OF SECOND, FINAL READING AND PASSAGE this DAY OF , 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk \UGCDE_FSkLIBRARYM990\900182.BB\ORD\Charter Amendments-~ee 40Administration.doc Page 3 of 3 LAP:ja August 12, 2002 Requested City comrmssion Meeting Dates ~ August 6, 2002 ~lf August 20, 2002 [] September 3, 2002 [] Sept~lber 17, 2002 XZT. - LEGAL ITEM A.9 CITY OF BOYNTON BEAC[ AGENDA ITEM REQUEST FOlx , Date Final Form Must be Turned in to Ci~ Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) AugUst 19, 2002 (Noon) September 3~ 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1,2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned ~n to Cit~' Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 [Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consem Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [-'l Cit~ Manager's Report RECOMMENDATION: Approval of Ordinance submitting to referendum an amendment to the Charter, Article IV, entitled "Administration", Section 54, entitled "Duties, Powers, Privileges of Mayor", to eliminate the authority of the Mayor to bid on behalf of the City at Judicial sales. EXPLANATION: The Charter currently requires that the Mayor bid on behalf of the city at judicial sales. A "yes" vote on the proposed amendment would eliminate this requirement that the Mayor bid for the City. Thereafter, the City Manager, the City Attorney, or their designees could bid on behalf of the City at judicial sales. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Leave Charter section as is. Department Head's Signature . City Attorney's Office Department Name ~ity~na~s Signature Icy / Finance / Human Resources S:xJ3ULLETIN~ORMS~,AGENDA ITEM REQUEST FORM.DOC AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, S~MITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER O1 tHE CITY OF BOYNTON BEACH AT ARTICLE IV, 166, Florida Statutes, as amended, provides for a WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission of the City of Boynton Beach, Florida, in an ordinance format; and WltEREAS, the Commission has recommended modifications to Article IV, entitled "Administration, Section 54, entitled "Duties, powers, privileges of Mayor." of the City Charter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ~ The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being la'tie and correct and are hereby made a specific part of this Ordinance upon adoption hereof. ~ Article IV entitled "Administration", Section 54, entitled "Duties, Dowers, privileges of Mayor." of the Charter of the City of Boynton Beach is hereby tmended to read as follows: Sec. 54. Duties, powers, privileges of Mayor. The Mayor shall preside at all meetings of the City Commission and ~erform such other duties consistent with his office as may be imposed by the City :ommission, and he shall have a voice and a vote in the proceedings of the City Page 1 of 3 LAP:ia Iuly 19, 2002 990\900182.BB\ORD\Charter Amendments - Sec. 54 Duties, Powers, privileges of Mayor.doc Commission, but no veto power. He may use the title of Mayor when executing legal instruments of writing or when required by necessity, arising from the General Laws of the State, but this shall not be considered as conferring upon him the administrative or udicial functions of a Mayor under the General Laws of the State. He shall be :onsidered as the official head of the City for ceremonial purposes, and he shall be so recognized by the courts for the purpose of serving civil processes, and by the Government in the exercise of military, law. In the absence or disqualification of the Mayor, the other members of the City Council shall select one of their members to l lPerform his duties. This selection shall be made in accordance with the provisions of section 19 section 531 for the election of a Mayor. shall .av~: ..~: ~,~ ~,~mu: ............................... . ..... J '-" The Mayor ................... "-' ~ -~ a~ ~t~,p~t~y tu~ ~ ~_.~y, at a.v ,~u a. ~onds or other instruments of writing to which the City is a party, when authorized so to do by the City :Council Commi.q~ion. ~qeetlon 3. The ballot title and the explanatory statement of the amendment, followed by the word ryes' and ".no" shall be set forth as follows on the ballot at the general tlelection in November 2002 for consideration by the qualified electors of the City of Boynton Beach, Florida: 11 Title ]l DELETE REQUIREMENT THAT MAYOR BID ON BEHALF OF CITY AT JUDICIAL SAi~ES. Explanatory Statement The Charter currently requires that the Mayor bid on behalf of the City at judicial sales. A "yes" vote on the proposed amendment would eliminate this requirement that the Mayor bid for the City. Thereafter, the City Manager, the City Attorney, or their designees could bid on behalf of the City at judicial sales. YES [] NO [] So_etlon a. ~ The City Clerk of the City of Boynton Beach is tereby authorized and directed to advertise the referendum election contemplated herein all in accordance with the State of Florida Election Code. Section $. C_alltifls:alifl~ It is the intention of the City Commission of the 2ity of Boynton Beach that the provisions of this Ordinance shall become and be made a ~art of the Charter of the City of Boynton Beach, Florida Charter if adopted by the City ;lections. Page 2 of 3 kP:ja Iuly 22, 2002 1990',900182.BB\ORD\Charter Amendn,x'nts - Sec. 54 Duties, Powers, privileges of Mayor.doc geetinn 6. ;~_e.r. ah/li/~ If any clause, section, or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be cOnsidered as eliminated and in no way effecting the validity of the other provisions of this Ordinance. lutions, or the This Ordinance shall take effect Effective Date of Proposed Charter Amendment.~, The Proposed upon the affirmative vote of a majority of those electors vot~g in the November 2002 election in the City of Boynton Beach. PASSED AND ADOPTED BY THE CITY COMMISSION OF :T~ITY OF /I~YNTON BEACH, FLORIDA, ON THE FIRST READING, THIs ~ DAY OF t ~Oix ~'~, 2002. SECOND, FINAL READING AND PASSAGE this DAY OF ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk Page 3 of 3 July 19, 2002 1990\900182.BB\ORD\Charter Amendments - Sec. 54 Duties, Powers, privileges of Mayor.doc Requested City Commission Meeting Dates _., August 6, 2002 [~ August 20, 2002 [] September 3, 2002 [] September l 7, 2002 XlI. - LEGAL ITEM A. IO CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FOK ,, Date Final Form Must be Turned in m City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August t 9, 2002 (Noon) September 3,2002 (8:00 a.m.) Requested City Commission Meetin~ Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City-Manager's Report RECOMMENDATION: Approval of Ordinance submitting to referendum an amendment to the Charter, Article IV-A, entitled "Merit System for Personnel", and in particular deleting Section 72.3, entitled "Personnel Director". EXPLANATION: The Charter currently provides that the personnel director is a position appointed by the Commission. The duties of the personnel director which are set forthin the Charter are now primarily handled by the Human Resource Director, a position subject to appointment by the City Manager. a "yes" vote on this proposed amendment would remove obsolete language from the Charter and confirm the authority of the City Manager to appoint a Human Resource Director to oversee the duties formerly assigned to the personnel director. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Leave Charter section as is. Department Head's Signature City Attorney's Office Department Name ~,ty Attol t M~n~agei~)Si~gnature , / Finance / Human Resources S:LBULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- C ¢'~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF BOYNTON BEACH AT ARTICLE' IV-A. ENTITLED "MERIT FOR ," AND IN ENTITLED A DATE. WHEREAS; :Chapter 166, Florida Statutes, as mended, provides for a methodology of Charter amendments in Florida; and amendment Boynton Beachi 166, as amended, provides that such an by the City Commission of the City of in an ordinance format; and WltEREAS, the Commission has recommended modifications to Article IV-A. entitled "Merit System for Personnel", Section 72.3 entitled "Personnel Director." of the City Charter; NOW, THE~FO~, BE IT ORDAINED BY THE CITY COMMISSION OF ~rHE CITY OF BOYNTON BEACH, FLORIDA, THAT: ~ The foregoing "WHEREAS" claUSes are hereby ratified and confirmed as being tree and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Sectimt~ Article IV-A., entitled "Merit System for Personnel", Section 72.3 mtitled "Personnel Director." of the Charter of the City of Boynton Beach is hereby teleted in its entirety. LAP:ia July 19, 2002 Page 1 of 3 See*inn 3. The ballot title and the explanatory statement of the amendment, followed by the WOrd "yes" and "no" shall be set forth as follows on the ballot at the general election in November 2002 for consideration by the qualified electors of the City of Boynton Beach, Florida: Title REMOVE ESTABLISHMENT OF THE POSITION OF PERSONNEL DIRECTOR BY CITY CHARTER. Explanatory Statement The Charter currently provides that the personnel director is a position appointed by the Commission. The duties of the personnel director which are set forth in the Charter are now primarily handled by the Human Resource Director, a position subject to appointment by the City Manager. A "yes" vote on this proposed amendment would remove obsolete language from the Charter and confirm the authority of the City Manager to appoint a Human Resource Director to oversee the duties formerly assigned to the personnel director. YES [] NO [] Section 4. 2~ffillI~e, lllP, l~ The City Clerk of the City of Boynton Beach is hereby authorized and directed to advertise the referendum election contemplated herein all in accordance with the State of Florida Election Code. ~ .C_,allill~aliflm It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Charter of the City of Boynton Beach, Florida Charter if adopted by the City elections. ~ Se,,.~e,r. ahllii~ If any clause, section, or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way effecting the validity of the other provisions of this Ordinance. ~ ~ All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. ~ Effective Date of Ordlnanee. This Ordinance shall take effect upon its adoption. ~ Effective Date of Prnnnsed Charter Amendments. The Proposed Amendments will take effect upon the affirmative vote of a majority of those Page 2 of 3 LAP:ja July ! 9, 2002 electors voting in the November 2002 election in the City of Boynton Beach. BY :THE CITY COMMISSION ON THE -- OF SECOND, FINAL. READING AND PASSAGE this DAY OF ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk \~GCDE_FS~LIBRARY~1990L000182.BB\ORD\Charter Amendments 72.3 -Personnel Director.doc a 19, 2002 Page 3 of 3 Requested City Commission Meeting Dates August 6, 2002 ~ August 20, 2002 ~ ~ [] September 3, 2002 [] September 17, 2002 XII. - LEGAL ITEM A. 11 CITY OF BOYNTON BEACI AGENDA ITEM QUEST Date Final Form Must be Turned in to .City Clerk's Office July 17, 2002 (5:00p.rr~) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1,2002 [] October 15, 2002 [] November 6, 2002 [] November !9, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approval of Ordinance submitting to referendum various Articles and Sections in order to delete obsolete or pre-empted provisions of the Charter and to consolidate and reorganize existing provisions. EXPLANATION: The Charter currently contains provisions which are obsolete or which have been preempted by state law. Other sections of the Charter would be more easily understood if amended or consolidated with other sections dealing with the same subject. A' es" 'y vote to the proposed amendment would delete obsolete provisions and consolidate and renumber other provisions. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Leave Charter section as is. Department Head's Signature. City Attorney's Office Department Name ~t ~g~r's Sil~att~re / ~y / Finance / Human Resources S:x,BULLETIN~FORMS~,AGENDA ITEM REQUEST FORM.DOC ORDr ANCE O2- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, SUBMITTING TO REFERENDUM AMENDMENTS TO THE CHARTER OF THE CITY OF BOYNTON BEACH AT 9RDER TO DELETE BE TO IT Charter 166, Florida Statutes, as amended, provides for a methodology of and WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission of the City of Boynton Beach, Florida, in an ordinance format; and WHEREAS, the Commission has recommended the deletion of pre-empted or obsolete Charter provisions and the consolidation and reorganization of existing provisions of the City Charter;, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S~etlon 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being tree and correct and are hereby made a specific part of this Ordinance upon adoption hereof. The following Charter Sections are hereby deleted in their entirety: Section 6A, 12, 16, 19, 20, 20.1, 23, 27, 31, 32, 35, 37, 52, 56, 62, 66, 68, 72, 72.1, 72.9, 72.10, 72.11, 72.13, 73, 74, 75, 76, 77, and 84. The Charter is hereby amended to read as follows: LAP:ia July 19, 2002 Page 1 of 5 Sec. 17. Composition, election, terms, vacancies. (a) In order to qualify for the office of Mayor, a candidate must be a quali fled elect,hr ot~ ttne City of BoSmton Beach and have resided within the City for a period of not less than one (1) year prior to filing for office, and who shall have attained the age of twenty-one (21 ] yea~ on or before the date the candidate files and aualifies for office. The Mayor of the City of Boynton Beach may reside in any of the four (4) election districts and shall be elected by a city-wide vote. (b) There shall be a City Commission of four (4) members elected fi.om each of the four (4) election districts within the City and a Mayor who is elected by a City-wide w~te_ Each City. Commissioner Member and candidates for Ci~ Commissioner M,,l,bef from said election district shall reside in the election district from which said Cie- Commissioner Menxbcr is elected. Voters shall vote for only one (1) candidate in each election district in which the voter resides and one ( 1 ) candidate '~or Mayor. (c) Qualifications for City Commissioners Mcr-~bei-. Only qualified electors who have resided in the City of Boynton beach for at least one (1) year immediately prior to the election and who shall have attained the age of twenty-one (21) years on or before the date the candidate files and qualifies as a candidate for office shall be eligible to hold the office of City Commissioner. Each Commission member and candidates for Commission Member shall be elected from the election district in which he resides-, subject to the 35% rule and mnoff procedures set: forth in Section 139 of the City Charter. Once elected, a Commission Member from an election district shall remain a resident of the election district and the City of Boynton Beach during his term of office or shall forfeit his/her office. (d) The failure of a City Commissioner ni¢inber to continue to reside within the district from which elected, or the Mayor xx~thin the City. shall cause said CiD' Commissioner .nxCmb¢c ar_Mayor to automatically forfeit his/her office. The tender of a resignation fi.om any elective office shall immediately create a vacancy in that office. Upon automatic forfeiture or the tender of any resignation, the remaining members of the City Commission shall declare the office vacant and proceed to fill the vacancy as herein otherwise provided, so long as the individual selected to fill the vacancy has resided in the same district from which the original Commissioner resided for. a period of not less than one (1) year. ~ ...................... t,,~: ~,~V~,l.~,~ ~,~,_,ly ~,~ (e) Any member of the City Commission who ceases to po~qsess the qualificmions which are required by thi.q Charter or is otherwise removed from office by lawfi~l means_ ~hall forfeit office: and it ~qhall he the duty af tine remaining membem of the Ci~ Co,remission ro cteclare the office vacant and proceed to fill the w~cancy a_q herein nthe~vise provided_ (f)-~ Commencing with the regular City election in March 2001, candidates for City 2ommissioner shall file with the City Clerk a written notice of candidacy, which notice shall designate which of the four (4)Commission districts of the City Commission the candidates decide to fill. LAP.'ja July 19, 2002 Page 2 of 5 (g)-ff) Geographic boundaries for each voting district are established pursuant to Section 2-41 of the Code of Ordinances. Geographic boundaries for each voting district shall be designated, prepared and and every or ~Versity or educational of Florida to be selected ~or five cuai~cl] Commi~,~ion shall hold should be each month, or it may Should any state, county or the next Sec. 59. Same-Compensation. The City Commission may, from time to time, t:~2-resrflu'fimt, fix the regular If the City Attorney at a sum commensurate with the duties which may be by this charter and by the Commission; provided, that all special or unusual ~ity Attorney, the fee for which is not otherwise prescribed i.. this t be specially compensated as the Commission may see fit to provide. 142. Registration officer and registration. The City Clerk shall be the registration office of the City and said clerk, or his/her duly shall register all persons applying to him/her whose names are not already the City and who are qualified as electors under and laws of the State of Florida. For this purpose such registration shall be normal business hours or at such other times as designated by the City C-mmc/t the office of the City Clerk or at such other places within the City limits when Page 3 of 5 19, 2002 City duly designated by the Cu~.t,~, Commi.q,qion;· .r~c~t~ Ulat 5oattc~ ~tl~tt Or~ ~.lU~CU lUl tUt t.y- ~ ..................... : .... '-'- Registrations shall be upon forms provided by the Supervisor of Elections of Palm Beach County, Florida. S~tlon & Sections 50, 51, 53 and 54 of the Charter shall be moved to Article I1 entitled "City ~Council/Commission" and shall be renumbered accordingly in logical sequence with existing sections. Section fi. Anywhere in the Charter where the words "City Council" appear, shall be changed to City Commission. ~qeetion 6. The ballot title and the explanatory statement of the amendment, ,, es- followed by the word y and "no" shall be set forth as follows on the ballot at the general election in November 2002 for consideration by the qualified electors of the City of Boynton Beach, Florida: Title DELETE OBSOLETE OR PREEMPTED PROVISIONS OF CHARTER AND CONSOLIDATE AND REORGANIZE/RENUMBER CHARTER PROVISIONS. Explanatory Statement The Charter currently contains provision which are obsolete or which have been preempted by state law. Other sections of the Charter would be more easily understood if amended or consolidated with other sections dealing with the same subject. A "yes" vote to the proposed amendment would delete obsolete provisions and consolidate and renumber other provisions. YES [] NO [] Seetinn 7. ~[.Y.P.I:I~,IiIP.,I~ The City Clerk of the City of Boynton Beach is hereby directed to advertise the referendum election comemplated herein all in State of Florida Election Code. 8eetlnn 8. ~ It is the intention of the City Commission of the City of Beach that the provisions of this Ordinance shall become and be made a part of the of the City of Boynton Beach, Florida Charter if adopted by the City elections. Page 4 of 5 22, 2002 ,qeetion 0. ~ ff any clause, section, or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way effecting the validity of the other provisions of this Ordinance. ~qeetlnn ! O. C, nnfliet~. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. ~ Effective Date of Ordinance. This Ordinance shall take effect immediately upon its adoption. Fffeetive Date of Propn~ed Charter Amendments. The Proposed will take effect upon the affirmative vote of:a majority of those electors voting in the NovemlSer 2002 election in the City of Boynton Beach. AND ADOPTED BY THE CITY COMMISSION OF T.Hi~.~CITY OF FLORIDA, ON THE FIRST READING, THIS ~ ~ DAY OF 2002. SECOND, FINAL READING AND PASSAGE this DAY OF CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner T: Commissioner Clerk q 82.BB\ORD\CHARTER 2002\Charter Amendments-Various Articles and Section.doc t 19, 2002 Page 5 of 5 Requested City Commissmn Meeting Dates · ~ Augus~ 6, 2002 ~ August 20, 2002 ~'~'~ [] September 3, 2002 [] September 17, 2002 XII. - LEGAL ITEM A. 12 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOI v Date Final Form Must be Tumecl in to C!t~ Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Cowxnission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve an amendment to Chapter 6, Section 6-5 General Powers oft. he Board, to comply with the City Charter and Section 2-30 of the Code of Ordinances. EXPLANATION: This amendment is being presented in attempt to clean up the language in the Code and to reflect the intent of the Coamfission, that the City Manager pursuant to Section 2-30 is, responsible for the administration of all city affairs. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: To leave Code as currently written. Department Head's Signature City Attorney Office Department Nan~ City Attq~y'T/Finance / Human Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER ;, SECTION 6-5 GENERAL poWERs THE CONFLICTS, SEVERABILITY, CODIFICATION AND EFFECTIVE DATB. WHEREAS, the City Commission, upon recommendation of staff, has determined that in order to comply fully with the Charter and Section 2-30 of the Code of Ordinances, that a revision to Chapter 6, Section 6-5 General Powers of the Board is necessary; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Chapter 6. Section 6-5 General Powers of the Board is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: Sec. 6-5. General Powers of the Board. The board shall *' .... +~'~ ~ ..... +~"~' periodically review and make recommendations to the CiW Manager on roles and regulations for the management and control of any cemetery, including mausoleums, owned and operated by the city, and for the conduct of the board's business_.; The powers of the board shall be consistent net _..... ..~. ~ ..... ,; ..... ;~+~-+ *-_.. ......... ......... with the provisions of the Charter and Section 2-30 of the Code of Ordinances.~Js ~""~'~ "-~' ;~ "'~";+;~ *"~'~+~ of +-~g ~,,-(,-;~1,~ +~ +k~ ~+~+ +h~+.~ ..-.,-,.,;. ....... ,-1 ..... ;1~1.,1~ t^~ +U~ g~,C,?,f,f,-"-"y ,-'--t- ........ , '~t- .... t~, '* ......... Section 2. That each and every other section of said ChapTer not herein specifically amended sl~all remain in full force and effect as previoUSly enacted. Section 3. Ali ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. S:\CA\OrdinanceskAdministrative\Cemetery Sec 6-5 072402.doc Section 5. Section 6. passage. SECOND, FINAL READING ., 2002. Authority is hereby given to codify this Ordinance. This ordinance shall become effective immediately upon //~cCJ~ ~%-p- , 2002. AND PASSAGE this day CITY OF BOYNTON BEACH, FLORIDA Mayor of Vice Mayor Commissioner ATTEST: Commissionor City Clerk Commissioner S:\CA\OrdinancesXAdministrative\Cemetery Sec 6-5 072402.doc Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 XlI. - LEGAL ITEM A.13 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Ci~121erk's Office July 17, 2002 (5:00 p.m,) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a,m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION:. Second reading of an ordinance amending Chapter 26 of the Code of Ordinance pertaining to the rates and charges for utility services. EXPLANATION: Based upon the May 2002 Water, Wastewater and Stormwater Rate Study completed by Camp, Dresser and McKee and the report and recommendations made by the city staff to the City Commission at various public meetings, an ordinance has been drafted to implement those recommendations. This would be the first of two public hearings being held prior to the implementation of the rate modifications. PROGRAM IMPACT: Adoption of the ordinance will authorize the rate modifications as discussed at all previous public City Commission meetings. FISCAL IMPACT: Other than the ancillary charges for service, the modified rate schedules are designed to be revenue neutral. The new rates will go into effect on the first full billing cycle to fall after October 1,2002. SSBULLET1N~ORMSLS~GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 26, WATER, SEWERS AND CITY 'UTILITIES, AMENDING SECTION 26-8, PROVIDING FOR REVISED ANCILLARY WATER AND SEWER SERVICE CHARGES; AMENDING SECTION 26-9, REPLACING AND REVISING THE RATE SCHEDULE FOR POTABLE WATER; AMENDING SECTION 26-34, PROVIDING AN OPTION FOR CAPITAL IN THE COMMUNITY REDEVELOPMENT AREA; AMENDING SECTION 2:6- 39, PROVIDING FOR A OF WATER SECTION 2~2, ABLE OF A WATER WHEREAS, at the direction of the City Commission of the City of Boynton Beach, the City's utility system consulting engineers, Camp Dresser and McKee, Inc., completed a Water, Wastewater and Stormwater Rate Study ("Study') in May 2002; and WHEREAS, based on their review of the Study and the water, wastewater, and stormwater system, City .staff recommends modifications to Chapter 26 of the Code of Ordinances; and WHEREAS, the provisions of Section 180.136, Florida Statutes, requiring notice of proposed increase to any rate, charge or fee for water or sewer utility service, have been satisfied, as the required notice has been furnished to each utility customer through the City's S:\CA\Ordinances\UtilityXWater Rates 08-06-02.doc Stormwater Improvements Project, to reduce the capital contribution towards stormwater system improvements in the Downtown Stormwater Improvement Watershed required by Section 26-406 of the Code of Ordinances WHEREAS, the City Commission of the City of Boynton, based upon the justification provided by the City's utility system consulting engineer in a report dated May, 2002, and by City staff, deems it to be in the best interests of the citizens and residents of the City to amend Chapter 26 of the City of Boynton Beach Code of Ordinances to provide for these necessary changes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TIlE CITY OF BOYNTON BEACI-I, FLORIDA, TItAT: Section 1. Each Whereas clause set forth above is tree and correct and incorporated herein by this reference. Section 2. That Chapter 26, Article I, Section 26-8 is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck- through type, as follows: Sec. 26-8. Water and sewer connection, deposit and service charges. There is hereby established a fee structure for water and sewer service, tum-ons, meter connections and deposits and miscellaneous services as set forth below: Service Charge Turn-on .......................................... $25.00 Turn-off ........................................... 25.00 Turn-on after hours ............................ 50.00 Turn-off after hours ............................ 50.00 Meter test* ....................................... 20.00 Re-Read* (customer request) .............. !5.00 Water shut-off charqe for non-payment.. 40.00 S:\CA\Ordinances\Utility\Water Rates 08-06-02.doc 3 $20.00 20.00 55.00 55.00 20.00 deleting Schedule I, Potable Water Rates, and replacing the same with the underlined words and figures consisting of a' new Schedule I, Potable Water Rates, as follows: Sec. 26-9. Water and wastewater rates ,and charges. The monthly rates and charges for water and wastcwater shall be as set forth in the five-year schedules in this section, Such rates shall become effective on October 1st of each of the fiscal years indicated and shall not be prorated: SCHEDULE I. POTABLE WATER RATES (a) Residential Rates: Inside City Outside City Base Facility Cha .rRe $4.00 per month $5.00 per month 0;9000 qallons/month $1.15 per thousand .qallons $1.44 per thousand qallons 9,001-30,000 qallons/month $1.96 per thousand .qallons $2.45 per thousand qailons Over 30,000 .qa OhS/month $2.75 per thousand .qallons $3.44 per thousand ,qallons (b) Commercial Rates: Inside City Outside City Base Facility Char,qe $8.00 per month $10.00 per month 0-9000 qallons/month $1.15 per thousand ,qallons $1.44 per thousand ,qallons 9,001-30,000 .qallons/month $1.96 per thousand .qallons $2.45 per thousand .qallons Over 30,0.00 .qallons/month $2.75 per thousand qailons $3.44 per thousand .qallons Section 4. That Chapter 26, Article Il, Section 26-34 is hereby amended in part by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: See. 26-34 Capital facilities charges and connection charges. (-a-) (A)CAP'ITAL FACILITIES CHARGE IMPOSED. When property receives water and/or sewage service from systems owned or controlled by the city, the owner of such property shall pay unto the city a water and/or sewage capital facilities charge as follows: (1) (a) S:\CA\Ordinances\Utility~Water Rates 08-064)2.doc Water: Property located within the municipal limits of Boynton Beach. 5 or additions and improvements thereto which will be utilized by the city to provide water and sewer service to said property. Said capital facilities charge shall be paid or in part credited if appropriate upon the issuance of the first building permit issued on the owner's, property and shall be computed based upon the rate in effect upon that date. A capital facilities charge shall not be assessed to restaurants for temporary Temporary shall be defined as tables and the months of November through April, referred to as the "season." Tables, chairs and benches utilized the months May through October. Any Permissible permanent seating, whether indoors or outdoors, shall continue to be assessed caPital facilities charges. Under no circumstances shall any permanent be located partially or completely within For the community redevelopment area that are to this section, the capital facilities of building permit issuance or on for an amortization period not to exceed Should the installment be billed on a monthly basis, and the facilities charg paid. If oversizing funding has been carried out by a developer (or developers) that funding will have a capital facility charge credited in an amount greater than the oversizing charge portion of the cost of original construction. Oversizing costs shall be defined to be the relative carrying capacity of the oversized lines as constructed versus the carrying capacity of the minimtma' sized lines that would have been required to serve the development (or developments) participating in the funding as follows: Section 5. That Chapter 26, Article 1II, Section 26-39 is hereby amended in part by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: S:\CA\Ordinances\UtilityXWater Rates 08-06-02.doc 7 potable water on all customers using more than 9,000 gallons per month. Charges shall be applicable during the first billing cycle following the declaration, and shall remain in effect until the declaration is lifted, as follows: Water Shortage: Phase Percent Surcharge Applied I 15% 12 30% IV 60% Section 7.. That Chapter 26, Article VII, Section 26-406 is hereby amended in part by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: See. 26-406 Capital contributions. (3) The "fee-in-lieu-of' capital contribution for properties redeveloping within the Downtown Stormwater Improvement Watershed, and utilizing the installed stormwater treatment and/or conveyance facilities within that watershed, shall be levied as follows: Capital cost per impervious square foot for Water Quality $2.10 $2.05 Capital cost per impervious square foot for Water Quantity $0.18 Total Capital cost per impervious square foot for Water Quality and Quantity e,~ '~ $2 23 This fee shall be paid prior to the issuance of a building permit for new construction and/or redevelopment in the Downtown Watershed. Section 8. Each and every other provision of Chapter 26, not herein specifically amended shall remain in full force and effect as previously enacted. Section 9. All ordinances or parts of ordinances in conflict herewith be and the S:\CA\Ordinances\Ufilit3AWater Rates 08-06-02.doc Section 11. Section 12. FIRST READING this __ SECOND, FINAL READING AND PASSAGE this same are hereby rePealed. Section 10. 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. Authority is hereby granted to codify said ordinance. This ordinance shall become effective October 1, 2002. day of August, 2002. day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner City Clerk (CORPORATE SEAL) Commissioner S:\CA\Ordinances\UtiliEAWater Rates 08-06-02.doc lO XII. - LEGAL ITEM A. 14 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOI ,. Requested City comrmssion Meeting Dates August 6, 2002 ^ugust 20, 2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal ~__ [] Bids [] Unfinished Business ..~ .__- [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve an amendment to Ordinance No. 01-25, providing for amended qualifying periods and exempting the City from Laws of Florida, Chapter 83-478. EXPLANATION: In the course of coordinating a timetable with the Supervisor of Elections of Palm Beach County, the City received a request m adjust the qualifying dates to coincide with county, state and federal elections timeframes. This Ordinance is presented to accommodate that request. The language exempting the City from the Laws of Florida, Chapter 83- 478 has been added to formalize the City's fight to establish an election date other than a March election date. PROGRAM IMPACT: This Ordinance should be construed as a housekeeping measure to fully implement the previous ordinance which changed municipal elections from March to November. Interested candidates for election will still have a full two weeks to quahfy, albeit slightly earlier in the election cycle. FISCAL IMPACT: The City Attorney has recommended publication of a Notice announcing the qualifying dates for the November 2002 election. The cost of advertising will be approximately $586.98 (1/8" page ad), per nm. ALTERNATIVES: None. Department Head's Signature Department Name ~Ji~y'Att[mey~ce / Human Resources S:XBULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02 -C AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING ORDINANCE NO. 01-25 PROVIDING FOR AMENDED LAWS OF FLORA, CHAPTER SUB-SECTION 10-31 - 10~37 OF CODE; CODIFICATION EFFECTWE DATE . WHEREAS, in the process of coordinating a timetable with the Supervisor of Elections of Palm Beach County, it has been determined that the qualifying period for candidates for the November election should be amended to coincide with county, state and federal elections; and WHEREAS, .Florida Statute 100.3605(2) authorizes the governing body of municipalities to change, by Ordinance, the dates for qualifying; and WHEREAS, in an effort to comply with the Laws of Florida, Chapter 83-478, codified as subsection 10-31 through 10-37 of Palm Beach County Code, and pursuant to the provisions of Section 10-38 of Article II, Filing and Election Dates of the Palm Beach County Code, the City of Boynton Beach does hereby exempt itself from the provisions of subsections 10-31 through 10-37; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. That Ordinance 01-25, Section 7, is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through S:\CA\Ordinances~Administrative~amending qualifying period - 073102.doc type, as follows: Sec. 138. Call by Mayor, publication of proclamation; qualification of candidates, filing by candidates with City Clerk; notification of Supervisor of Elections. All general and special elections, unless otherwise provided in this Act., shall be called by proclamation of the Mayor; published in a newspaper published in the City of Boynton Beach, Florida, once a week for two (2) consecutive weeks, or, if no newspaper is published in the City of Boynton Beach, Florida, by posting same at the City Hall for two (2) weeks, and such election that may be held upon such notice. Candidates for City Council shall file such papers and pay such fees as may be required by law with the City Clerk no earlier than noon on the last Tuesday fourth Thursday in August (i.e. for the November 2002 election, qualifying period will commence on August 22, 2002) m ~_, nor later than noon on the ~ first Thursday, of September (i.e. for the November 2002 election, qualifying period will end on September 5, 2002), h~ ~_- of the calendar year in which the election is to be held. The City Clerk shall transmit the names of all candidates for City Council to the Supervisor of Elections by 5:00 P.M. on the first Friday after the close of qualifying. Section 3. That the City of Boynton Beach does hereby exempt itself from the Laws of Florida, Chapter 83-478, codified as sub-section 10-31 through 10-37, pursuant to Section 10-38, Article II. Municipal Elections, of the Palm Beach County Code. Section 4. In the event of a conflict between the provisions of this ordinance and any other provision of the City Code, City Charter, ordinance or resolution, this ordinance shall control. Section 5. Authority is hereby given to codify this Ordinance with specific authority granted to add notations to conflicting provisions of the City Code or Charter. Section 6. This Ordinance shall become effective FIRST READING this ~ '~day of August, 2002. immediately upon passage S:\CA\Ordinances'~Administrative~amending qualifying pedod - 073102.doc SECOND, FINAL READING AND PASSAGE this day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:\CA\Ordinances~Administrative\amendinG qualifying period - 073102.doc XII. - LEGAL CITY OF BOYNTON BEAC ITEM B.1 AGENDA ITEM REQUEST FC .... Requested City Commission Meeting Dates Date Final Form Must be Turned into ~ity Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] August 6, 2002 July 17, 2002(5:00 p.m0 [] October 1, 2002 September 16, 2002 (Noon) [] August 20, 2002 August 5. 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 - [] September 17, 2002 - August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) [] November 6, 2002 October 14, 2002 (Noon) [] November t 9, 2002 November 5, 2002 NATURE OF AGENDA ITEM RECOMMENDATION..- [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report Staff recommends that the City of Boynton Beach adopt the Boynton Beach Administrative Amendments to the 2001 Florid~ Building Code. EXPLANATION: - To meet the requirements of Florida Statute 553, allowing contractors and developers that work in Palm Beach Cofi~ty t~ . have consistency in code application when coming to do work in Boynton Beach. - - PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Apply the Florida Building Code without' the Administrative Amendments tailored tO the specific requirements of the City of Boynton Beach. ~.,- Qumtus~fG~e~n~ Development Director City M~nager s Signature Development Department Department Name City Attorney / Finance / Human Resources SSBULLETINLFORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING LAND DEVELOPMENT REGULAllONS, CHAPTER 20, BUILDING, HOUSING AND CONSTRUCTION CONSTRUCT~Oi~ THE ADOPTION THE BEACH 2001 iICAL, GAS CODE CODE AND WHEREAS, pursuant to Chapter 553.73, Florida Statutes, the City Commission may adopt amendments to the administrative provisions of the Florida Building Code, subject to the limitations insaid statue; and WHEREAS, such amendments must be transmitted to the State within 30 days after enactment of the amendments; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Chapter 20 of the Land Development Regulations Buidings, Housing and Construction Reglations, Article I. Section 3. Minimum building and construction standards is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: Sec. 3. Minimum building and construction standards. The.~,.c~"~"~,~,,,. ~ Florida Buildinq_ Code 2001, Gas and~-Mechanicai and PlUmbing Codes, 1997 2001 Edition, and the 1999 National Electrical Code including future editions or revisions as adopted by the CiW, are hereby adoptd as the minimum Building Code for the City of Boynton Beach. Chapter 1. Administration, as described in ="~'~" A ~~ '~ ...~,,n'~' ..... ,.., ,~ ,~'~.~. ~n~ ~r i: the Boynton Beach Amendment, and is incorporated ~o ,, heretn, ~,~ ~,,~.~, I, .............. ,~,,, in theo.~,c~"~,~,~ Florida Building Code 2001, Gas.~,-~,~ Hechani~ai and Plumbing Codes, 1997 2001 Edition, and the c~.~ n,,,~:~ c~ ~na~ =~:~:~ 1999 National Ele~rical Code. The City of Boynton Beach Administrative Amendments to the if hcrdn. 200i Florida Building Code, Plumbing, Mechanical, Gas and 1999 National Electrical Code are attached and incorporated in this document and made a part hereof. D. All construction regulation fees... Section 2: That ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed, provided that in the event of a conflict with respect to administration of the building codes, existing administrative laws or rules of the City shall control. Section 3: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 4: Authority is hereby granted to codify said Ordinance. Section 5: upon passage. This Ordinance shall become effective immediately FIRST READING this day of August, 2002. SECOND, FINAL READING and PASSAGE day of September 2002. c~rY OF BOYNTON Mayor BEACH, FLOR]:DA Vice Mayor Commissioner Commissioner Commissioner City Clerk (City Seal) s:ca\OrdLArnds to 200! ~ Building Code 080902 BOYNTON BEACH ADMINISTRATIVE AMENDMENTS to the 2001 FLORIDA BUILDING CODE Words underlined are additions Words with strikeouts are deletions City of Boynton Beach Department of Development Building Division 100 East Boynton Beach Blvd. PO Box 0310 Boynton Beach, Florida 33425,0310 (561) 742-6350 FAX (561) 742-6357 EXHIBIT "A" CHAPTER 1 ADMINISTRATION 101 GENERAL 101.1 SCOPE The provisions of this cha Building, Gas, Mechanical referred to as th ,n and enforcement of the Florida hereinafter local jurisdiction. 101.2 TITLE The provisions of the "Administrative (~ode," ~ and be known and cited as the 101.3 CODE REMEDIAL 101.3.1 GENERAL. This cod the beneficial interests and through structural stren property from fire and other removal, demolition, installation and n referred to as service systems. be construed to secure health, and general welfare ventilation, and safety to life and ~nt including alteration, repair, and by regulating the mbing systems, which may be 101.3.2 QUALITY CONTROL. Quality control of materials and workmanship is not within the peT'view of this code except as it relates to the purposes stated herein. 101.3.3 PERMITTING AND INSPECTION. The inspection or permitting of any building, system or plan by ~n~,' this jurisdiction, under the requirements of this code, shall not be construed in any court as a warranty of the physical .cond tion of such building, system or plan or their adequacy Ne This jurisdiction nor any employee thereof shall not be :liable in tort for damages for any defect or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting. 101.4 APPLICABILITY 101.4.1 GENERAL. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. 101.4.2 BUILDING. The prov sions of the Florida Building Code, as amended herein, shall apply to the construction, alteratiOn, repair, equiPment, use and occupancy, location, maintenance, removal and demolition, of every building or structure or any appurtenances connected or attached to such buildings or structures. 101.4.2.1 The Florida Building Code does not apply to, and no code enforcement action shall be brought with respect to, zoning requirements, land use requirements and owner specifications or proqrammatic requirements which do not pertain to and qovern the design, construction, erection, alteration, modification, repair or demolition of public or private buildings, structures or facilities or to programmatic requirements that do not pertain to enforcement of the Florida Building Code. AdditionallY, a local code enforcement aqencY may not administer or enforce the Florida Building Code, Buildinq, to prevent the siting of any publicly owned facility, including, but not limited to, correctional facilities, iuvenile justice facilities, or state universities, community colleges, or public education facilities,, as provided by law. In addition to the requirements of this code, other agencies have adopted regulations atfectinq building design and construction. These are as follows: S:V~)evelopment~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc OTHER AGENCIES TOPICS REGULATED Federal & State DEP: State Health Department: Wells & Septic Systems Florida Department of Business Re.qulation: Restaurants Contractor Licenses South Florida Water Management Lake Worth Drainage District State DEP & Army Co.rp of En.qineers Lakes, Canals, Ponds, Intracoastal Waterway 101.4.2.2/n addition tothe requirements of Sections 553.79 and 553.80, Florida Statutes, facilities subiect to the provisions of chapter 395, Florida Statutes and part II of Chapter 400, FIodda Statutes shall have facility, plans revieWed and construction surveyed by the state a.qency authorized to do so under the requirements of Chapter 395, Florida StatUtes and Part II of ChaPter 400, Florida Statutes and the certification.reqUirements of the Federal GOvernment. 101.4.2.3 Residential buildings or structures mo~ed into or within a county or municipality shall not be required to be brou.qht into compliance ~th the state minimum building code in force at the time the bui ding or structure is mo~ed,' provided: 1. The building or struCture is structurallysound and in oCCupiable condition for its intended use; 2. The occupancy use classification for the building or structure is not chan.qed as a result of the move; 3. The building is not substantially remodeled; 4. Current lire code re( ress are met; 5. .~ codes in force at the time of construction and are o1: 6. Foundation .plans are sealed by a professional engineer or architect licensed to practice in this state, if required by the Florida Building Code, Building, for all residential buildinqs or strUctures of the same occupancy class. 101.4.2.3.1 The building official shall apply the same standard to a moved residential building or structure aS that applied to the remodeling of any comparable residential buildin.q or structure to determine whether the moved structure is substantially remodeled. The cost of the foundation on which the moved building or Structure is placed shall not be includedin the cost of remodeling for purposes of determininq whether a moved buildinq or structure has been substantially remodeled. 101.4:2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture and Consumer Services to inspect amusement rides or the Department of Insurance to inspect state-owned buildings and boilers. 101.4.3 ELECTRICAL. The provisions of thc,~'~"+~""'~.~.,v, ,.~, -,~v.,"'~""+'~""~,~, r-,.,~,..~.~ v,C-h=nter,.~. 27 of the Florida Building Code, Building, ad opting the National Electrical Code as amended herein shall apPly to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 101.4.4 GAS. The provisions of the St=ndard Gcc Code Florida Buildin.q Code, Fuel Gas, shall apply to the installation of consumer's gas piping, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances, and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.5 MECHANICAL. The provisions of the Standard Mochan!ca! Code Florida Building Code, Mechanical, shall apply to the installation of mechanical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air conditioning and refrigeration systems, incinerators, and other energy-related S:tDevelo[~ment~ORDINANCES & AMENDMENTSL?.O01 Administrative Code Exhibit A.doc '~ systems. 101.4.6 PLUMBING. The provisions of.,th-,,v ~_,~""'~"-'4,~,.,. ,c" ,..,.~,;....,~,, ,.,, ,~ r-~,,4,.,~v.....,,.,.,..,..,~l'~ri'4~ Building Code, Plumbing, shall apply to every plumbing installation, including alterations, repairs, rep acement, equipment, appliances, fixtures, fittings and appurtenances, and when conneCted to a water or sewerage System and al aspects of a medica gas system 101.4.7 FEDERAL AND STATE AUTHORITY. The provisions of this code shall not be held to deprive any Federal or State ' 'udsdiction, of any power or ' of any remedy then existing de prive any individual or corporation of its legal rights as provided by !aw. lC hts 101. ~tanda consi~ additi~ lhe technical codes shall be )ns of a standard enforced. Where code Permissive and advisory pment Regulations ice 95-02 and shall set 101.4.10 UNITS OF MEASURE. The inch-pound system of measurement is app icable to the provisions of this. code. Metric units indicated in parenthesis following inch-pound units are approx mate equivalents and are provid ed for information purposes only. 101.4.11 ACCESSIBILITY. :For provisions related to accessibility, refer to Chapter 11 of the 101.4.12 ENERGY.: Forl Pro~s ons related to energy, refer to Chapter 13 of the Florida Building 102 BUILDING DIVISION 102.1 ESTABLISHMENT There is hereby:established a division to be called the building division and the person in charge shall be known as the building official. All code officials em ployed by the division shall be certified in accordance with Chapter 468, Part X]II, Florida Statutes. 102.2.1 BUILDING OFFICIAL QUALIFICATIONS. The building official shall have at least ten years combined experience as an architect, engineer, construction code offiCial, contractor or construction superintendent with at least five years of such experience in supervisory positions. The building official shall be certified as a building official or building code administrator by the State of Florida. The building official shall be appointed or hired by the applicable governing authority. The building official shall be Cemoved by th~ applicable goVerning authority in conformance with Florida law 102.2.2 CHIEF ~INSPECTOR QUALIFICATIONS, The building official, with the approval of the gOverning authority, may designate chief inspectors to adm nister the provisions of the Building, Electrical, Gas, Mechanical, and Plumbing Codes. Each chief inspector shall have at least ten year's as an architect, engineer, construction code official, contractor or construction su[ :h at least five years of such expenence in supervisory positions. The chief ins pector ~ ;ertified for the appropriate trade bythe State of Florida. S:tDeveloprnent~ORDINANCES & AMENDMENTSt2001 Administrative Code Exhibit A.doc ~ 102.2.3 PLANS EXAMINER & INSPECTOR QUALIFICATIONS. The building official, with the approval of the applicable governing authority, may a,~point or hire such number of officers, plans examiners, inspectors, assistants and other ~e'~ii~i~'s,-a~ Shrill,he-authorized from t me to time. A person shall not be appointed or hired as a plans examiner or inspector of construction who has not had at least five years experience as a building inspector, engineer, architect, or as a superintendent, foreman, ~or competent mechanic in charge of construction, in the corresponding trade. The plans examiners and inspectors shall be certified through the State of Florida for the appropriate trade. 102.2.4 DEPUTY BUILDING OFFICIAL QUALIFICATIONS. The building official may designate as a dePuty an employee in the division who shall, during the absence or disability of the bui d ng off cial, exercise all the powers of the building official. The deputy building official shall have the same qualifications listed in 102.2.2. 102.3 RESTRICTIONS ON EMPLOYEES An officer or emplo,vee connected with the division, except one whose only connection is as a member of the board established by this code, shall not be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building, structure, service, system, or in the making of plans or of specifications thereof, unless he is the owner of such. This officer or employee shall not engage in any other work that is inconsistent with their duties or conflict with the interests of the division. 102.4 RECORDS The building official shall keep, or cause to be kept, a record of the business of the division. The records of the division shall be open to public inspection. 102.5 LIABILITY Any current or for~er officer or employee, or member of the Building Board of Adjustments and Appeals, charged with the enforcement of this code, acting for the applicable governing authority in the discharge of their duties, shall not thereby render himself personally liable, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of their duties. Any suit brought aga nst any current or former officer or employee or member, because of such act performed in the enforcement of any provision of this code, shall be defended by le.qal council appointed by the agency or applicable governing authority until the final termination of the proceedings. 102,6 REPORTS The building official shall submit annually a report covering the work of the building division during the preceding year. He The building official may incorporate in said report a summary of the decisions of the Building Board of Adjustments and Appeals during said ~ear. 103 POWERS AND DUTIES OF THE BUILDING OFFICIAL 103.1 GENERAL The building official is hereby authOrized and directed to enforce the provisions of this code. The building official is further authorized to render interpretations of this code, which are consistent with its spirit and purpose. 103.2 RIGHT OF ENTRY 103.2.1 Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the building official has reasonable cause to believe that there exists ~n any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the building official may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this code. If such building or premises are occupied, he the building official shall first present proper credentials and request entry. If such building, structure, or premises are unoccupied, he shall first make a reasonable effort to locate the S:~Development~ORDINANCES & AMENDMENTS~O01 Administrative Code Exhibit A.doc owner or other persons having charge or control of such and request entry, If entry is refused, the building official shall have recourse to every remedy provided by law to secure entry. 103.2.2 When the building official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or rsonS having charge, ~est is made as herein of inspection and examination pursuant to this code. !RS f building, structure, electrical [ dot the provisions unsafe manner, shall immediately cease. Such notice shall be in writin owner of the property, or to their agent, or to the pe conditio ns med. shal a written notice il or ! a dangerous or given to the and shall state the g official The building offici~ a code, in( misrepresentation as to the material fact in the apl was based. , revoke a permit or nt or 103.4.2 VIOLATION OF CODE PROVISIONS. The building official may revoke a permit upon determination by the building official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure,~,vv.,"~""*'~'"'l,.....,, pI, ,-,~,~,,,-, ¢,r ~rvi¢'~- systems for which the permit was issued is in violation of, or not in conformity with, the provisior~ of this code. 103.5 UNSAFE BUILDINGS OR SYSTEMS All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerouS to'human life~ or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with this Code. The extent of repairs shall be determined bythe building official. When the building official determines that an unsafe building, structure or service system cannot be reasonably repaired in accordance with this or the technical codes, it shall be demolished in accordance with this code and applicable municipal ordinances. 103.5.1 PROVIDING NOTICE. When the building official determines a building, structure, electrical, gas, mechanical or plumbing system or portion thereof is unsafe, as set forth in this Code, he shall, in accordance with established' procedure for legal notices, give the owner, agent or person in control of such building, structure, electrical, gas, mechanical or plumbing system written notice stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building, structure, electrical, gas, mechanical or plumbing system or portion thereof. 103.5.2 POSTING. If necessary,=such notice shall also require the building, structure, electrical, gas, mechanical, plumbing systems or portion thereof to be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected and approved by the building official. The building official shall causel to be posted at each entrance to such building a notice stating: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL. Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or its officers, agents, or other servants, to remove such notice without written permission of the building official, or for any S:~Develoornent~ORDINANCES & AMENDMENTS~.O01 Administrative Code Exhibit A:doc person to enter the building, or use such systems except for (l~e purpose of making the requ red repairs or of demolishing same. 103.5.3 APPEALS. The owner, agent or .person in control shall have the right to appeal any decision of the building official, as provided hereinafter, and to appear before the Building Board of Adjustments and Appeals at a specified time and place to show cause why he should not comply with said notice. 103.5.4 ABSENT OWNERSHIP. In case the owner, agent, or person in control cannot be found within the stated time limit, or if such owner, agent, or person in control shall fail, neglect, or refuse to Comply with notice to repair, rehabilitate, or to demolish, and remove Said building, structure, electrical, gas, mechanical or plumbing system or portion thereof, the building official, after having ascertained the cost shall cause such building, structure, electrical, gas, m~chanicai or p umbing system or portion.thereof to be demolished, secured, or required to remain wcant or unused. 103.5.5 EMERGENCY ACTION. The decision of the building official shall be final in cases of emergency, which, in the opinion of the building official, involve imminent danger to human life or health, or the property of others. He shall promptly cause such building, structure, electrical, gas, mechanical or: plumbing system or portion thereof to be made safe or cause its removal. For this purpose he may at once enter sUch structure or land on which it stands, or abutting land or structures, with such assistance and at such cost as he may deem necessary. He may order the vacating of adjacent structures and may require the protection of the public by appropriate fence or such other means as may be necessary, and for this purpose may close a public or private way. 103.5.6 COST. Costs incurred under 103.5.4 and 103.5.5 shall be charged to t'he owner'of the premises involved. If charges are not paid within a ten business day period, following the.l~illing notification sent by certified mail, the Owner of the premises will be charged in the following manner: 1. The building official shall assess the entire cost of such vacation, demolition, or removal against the real property upon which such cost was incurred, which assessment shall include, but not be I m ted to, all administrative costs, postal expenses, newspaper publication, and shall constitute a lien u pon such property superior to all others e~cept taxes. 2. The Agency Clerk shall file such lien in the County's Official Record Book showing the nature of such lien, the amount thereof and an accurate legal description of the property, including the street address, which lien shall be effective from the date of filing and recite the names of all persons notified and interested persons. After three months from the filing of any such lien, which remains unpaid, the governing body may foreclose the lien in the same manner as mortgage liens are foreclosed. Such lien shall bear interest from date of abatement of nuisance at the rate of 10 percent per annum for individuals and 15 percent for corporate owners and shall be enforceable if unsatisfied after the expiration of two years after the date of filing notice of such lien, as Other liens maybe enforced by the governing agency. No lien created pursuant to the provisions of this ordinance may be foreclosed on re~l property that is a homeStead under Article X, Section 4, of the Florida Constitution. 103.6 REQUIREMENTS NOT COVERED BY CODE Any requirements necessary for the strength, stability or proper operation of an existing or proposed building', structure, electrical, gas, mechanical or plumbing s~stem, or for the public safety, health and general welfare, not specifically covered by this or the other technical codes, shall be determined by the building official. In ~addition, other requirements to implement, clarify, or set procedures to accomplish the intention of this code may be set in writin .q by the building official and may be posted electronically for public access. 103.7 ALTERNATE MATERIALS AND METHODS The provisions of the technical codes are not intended to prevent the use of any material or method of construction not specifically prescribed by them, provided the building official has reviewed any such alternate. The building official shall approve any such alternate, provided the building official finds that the alternate for the purpose intended is at least the equivalent of that prescribed in the S:VDevelopment~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.'doc r; technical codes, in quality, strength, effectiveness, fire resistance, durab ty and safety. The building official shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternate. 104 PERMITS 104,1 PERMIT APPLICATION 104.1.1 WHEN REQUIRED. Any owner, authorized agent, or contractor who desires to construct, enla air, move, demolish, or change the occupancy of a or to alter, repair, rer place ar ical or for the and A permit shall be required for, but not limited to, the following as determined by the build ng offic al: Buildings/Structures -Construct, erect, enlarge, a ter, move, remove, relocate, demolish or 3ccupanCY °f any building, or port or{thereof. Servi, enlarge, alter, repair, improve, remove, convert or replace any electrical, system work or cause the same to De done. or resurface roofing, or make repairs. Poo - Install or replace windows or doors including frames, shutters, awnings, canopies, :or similar items. E ' replace fences, walls, signs, or sign structures. -Install or replace masts, towers for television or radio receiving- extending more than ten feet above the last anchorage, satellite dish antennas, .~xterior lighting or similar items. ~ing pool, wading pool, or spas, above or below ground, unless otherwise place gasoline, fuel, oil, bottled gas, oxygen, nitrous oxide, or similar liquid or and related equipment, above or below ground in a capacity of m( s. ~lace or resurface asphalt or concrete driveways, parking areas, ha detection, ~place dOcking mooring facilities for private or commercial water craft, :or similar structures and facilities related thereto. Install, replace, or relocate fire sprinkler, fire alarm, smoke prevention and protection systems and related equipment or appurtenances. EXCEPTIONS: Ordinary minor repairs, installation or replacement may be made with the approval of the building official without a permit. Installation shall be done in accordance w th the manufacturer's specifications when not in conflict with this or the technical Codes. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provis ons of this code or the technical codes or anyother laws or ordinances of the applicable governing body. Building. Building permits may not be required for replacement or re pair work having value of less than $1,000, providing, however, that such work will not effect the structural integrity, fire rating, exit access or egress requirements. In the case of roofing repairs, a permit may not be required for work having a value of less than $500, unless such work effects the S:~Development~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc structural inte,qdty of the roof. Mechanical. Permits may not be required for the following mechanical work: 1. Any portable heating appliance. 2. Any portable ventilation equipment, 3. Any portable cooling unit. 4. Any steam, hot or chilled water piping within any heating or cooling equipment regulated by this code, 5. Replacement of any part which does not alter its approval or make it unsafe, 6. Any portable evaporative cooler. 7'. Any self-contained refrigeration,system containing ten pounds or less of refrigerant and actuated by motors of one-horsepower °r less. Electrical, Gas & Plumbing. In a one and two-family dwelling, a permit may not be required ~or the following: 1. Repair, i~stallation or replacement of common household fixtures to existing energy supply lines andoutlets. Existing energysupply lines shall not be altered or extended. 2. Repair or replacement of common household electrical switches and outlets on the load side of the electrical source. 3. Repair, installation or replacement of common household plumbing fixtures to existing supply lines and outlets. Existing Supply lines Shall not be altered or extended. This does not include water heaters. 104.1.2 TEMPORARY STRUCTURES. A special building permit for a limited time shall be obtained before the erection of temporary structures sUch as construction sheds, seats, canopies, tents and fences used in construction work or for temporary purposes such as reviewing stands. ~uch structures shall be completely removed upon the expiration of the time limit stated in the permit. 104.1.3 WORK AUTHORIZED. A building, electrical, gas, mechanical or plumbing permit shall carry with it the dght t©, construct or install the ~°rk, Provided the same are shown on the drawings and set forth in the specifications filed with the application for the permit. Where these are not shown on the drawings and covered by the specification~s submitted with the applicatiOn, separate permits shall be required. 104.1.4 MINOR REPAIRS. Ordinary minor repairs may be made with the approval of the building official without a permit, provided that such repairs shall not violate any of the provisions of the technical codes. Installation shall be done in accordance with the manufacturer's specifications when not in conflict with this or the technical codes. 104.1.5 INFORMATION REQUIRED, Each application for a permit, with the required fee, shall be filed with the building ~fficial on a form furniShed for that purpose and shall contain a general description of the prOpOsed work and its location. The owner, or an authorized agent shall sign the application. The building permit application shall indicate the proposed occupancy of all pads of the building and of that portion of the site or lot, if any, not covered by the building or structure and shall contain such other nformation as may be reqUired by the building official. 104.1.6 TIME LIMITATIONS. An application for a permit for any proposed work shall be deemed to have been abandoned 6 months after'the dat.e of filing for the permit, unless before then a permit has been issUed.. One or more extensions of time for periodS of not more than 90 days each, not to exceed three extensions, may .be alloWed by the building official for the application, provided the ~o~ wdting and jUstifiabl~ cause is demonstrated. After the third extension, appea may be made .to the Bu Idinq BOard of Adiustments and Appeals. 104.2 DRAWINGS AND SPECIFICATIONS 104.2.1 REQUIREMENTS. When required by the building official, two or more copies of specifications, and of product approval drawings drawn to scale with sufficient clarity and detail to indicate the nature and character of the work, shall accompany the application for a permit. Such S:~Developmen~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A. doc ~ drawings and specifications shall contain information, in the form of notes or otherwise, as to the quality of materials, where quality is essential to conformity with the technical codes. Such information shall be specific, and the technical codes shall not be cited as a whole or in part, nor shall the term "legal" or its equivalent be used as a substitute for specific information. All information, drawings, specifications and accompanying data shall bear~ their official seal and signature of the person responsible for the design as state law requires. 104.2.1.1 For roof assemblies de.~ req documents. the construction documents shall illustrate, )n and c site or a construction 104.2.2 ADDITIONAL DATA. The building official may require details, computations, stress and other data necessary to describe the construction or installation and the basis of ~nd accompanying data required bythe building official to be , an architect or engineer shall be afixed with their official seal. 104.2.3 DESIGN PROFESSIONAL. All drawings, specifications, and accompanying data including those prepared for townhouses, shall be prepared by a design professional, or be exempt therefrom. Pursuant to Chapters 471 and 481, Florida Statutes, a design professional shall be an architect or engineer legally registered under the laws of this state regulating the practice of architecture or and shall affix an official seal to said drawings, specifications and accompanying data. For and structures, the submittal shall bear the certification of the ~pplicant that cites a specific state law exception that permits its preparation bya .person not so registere~l, 104,2.3.1 Certifications by contractors authorized under the provisions of Section 489.115(4)(b), FlOrida Statutes, sh~ sealed by a person licen., of Chapter 4~ enforcement age~ plans review for permitting purposes relatin¢ id resistance e code or alternate methodologies approved by one-ant two-family dwellings. Local enforcement agencies may rely [ certification by contractors that the plans arid specifications subm tted conform to the requirements of the code for stance. Upon good cause Shown, local government ~ may plans sealed by~ persons liCensed und , Florida EXCEPTION: One and two-family dWellings may nOt requi engineer, or a certification that an architect or engineer has provided that the entire dwelling conforms to a governing authority. This exception does not limit the in Section 104.2.2 or elSewhere in this code. iStered architect or n services, tby the ranted 104.2.4 STRUCTURAL AND FIRE RESISTANCE INTEGRITY. Plans for ail buildings shall indicate how required structural and fire reSistance integrity will be mainta ned where a penetration of a required fire resistant wail, floor or partition wi mechanical, plumbing and communication conduits, pipes and systems, shall also indicate in sufficient detail how the fire integritywill be maintained whe~ resistant floors intersect the extedor was and where joints occur in required fire resistant construction assemblies. 104.2.5 SITE DRAWINGS. Drawings shall show the ocation of the propos.ed building or, structure and of every existing building Or strUcture on the site or lot. The' building official may require a boundary line survey, or other survey, prepared by a qualified Surveyor. SU~e.ys shall be prepared in accordance with provisions of Chapters 177 and 472 Florida Sta{utes, and Rule 61G17 Florida Administrative Code. S:~Development~ORDINANCES & AMENDMENTS~O01 Administrative Code Exhibit A.doc Q 104.2.6 HAZARDOUS OCCUPANCIES. The building official may require the following: 1. General Site Plan. A general sit~ plan'di'a~at-a legible scale which shall include, but not be limited to, the location of all buildings, exterior storage facilities, permanent access ways, evacuation routes, parking lots, internal roads, chemical loading areas, equipment cleaning areas, storm and sanitary sewer accesses, emergency equipment and adjacent property uses. The exterior storage areas shall be identified With the hazard classes and the maximum quantities per hazard class of hazardous materials stored. 2. Building FloOr Plan. A building floor plan drawn to a legible scale which shall include, but not be limited to, a I ha~rdOus materials storage facilities within the building and shall indicate rooms, doorways, corridors, exits, fire rated assembies with their hourly rating, location of iqu d tight rooms, and evacuation routes. Each hazardous materials storage facility shall be identified on the plan with the hazard classes and: quantity range per hazard class of the hazardous materials stored. 104.2.7 QUALITY ~F PLANS. The building official may establish, through division policy, standards for plans and specifications in order to provide conformity to its record retention program. This policy may include such things as minimum size, shape, contrast, clarity, or other items related to records management. Submitted drawings shall be executed at a minimum 1/8" equals 1' scale upon substantial paper, cloth or other acceptable medium. Exception: Site drawings, vicinity maps, profile sheets, key plans and the like may be at smaller sca es acceptable to the ~)uilding oficial. 104.3 EXAMINATION OF DOCUMENTS 104.3.1 PLAN REVIEW. The building official shall examine or cause to be examined each application for a permit and the accompanying documents, consisting of drawings, specifica~3ns, computations and additional data, and shall ascertain by such examinations whether the construction, indicated and described is in accordance with the requirements of the technical codes and all other pertinent laws or ordinances. EXCEPTIONS: 1. Building plans approved pursuant to Section 553.77(6), Florida Statutes and state- approved manufactured buildinqs aro exempt from local codes enforcing aqency plan reviews except for provisions of the code relatinq to erection, assembly or construction at the site. Erection, assembly and construction at the site aro subject to lOcal permittinq and inspections, and this would encompass the tie-down of manufactured buildings. 2. Industrial construction on sites where desi.qn, construction and fire safety are supervised by appropriate desi.qn and inSpection professionals and which contain adequate in-house fire departments and rescue squads is exempt, subject to local government option, from review of plans and inspections, providing owners certify that applicable codes and standards have been met and supply appropriate approved drawings to local buildinq and fire-safety inspectors. 104.3.t.1 MINIMUM PLAN REVIEW CRITERIA FOR BUILDINGS. The examination of the documents by the buildin.q official shall include the following minimum cdteda and documents; a floor plan, site plan, foundation plan, floor/roof framin.q plan or truss la,out and all exterior elevations: Commercial Buildinqs: Building 1. Site Require ments .parkin.q · fire access · vehicle loading · drivin.q/turnin.q radius · fire hydrant/water supply/Post Irdicator Valve (PIV) · set back/separation (assumed property lines) · location of specific tanks, water lines and sewer lines S:~Developrnent\ORDINANCES & AMENDMENTS~O01 Administrative Code Exhibit A.doc 1 ~ 2. Occupancy group and special occupancy requirements shall be, determined. 3. Minimum type of construction shall be determined (Table 500) 4. Fire resistant construction requirements shall include the bllowin.q components: ecalcu ated f re resistance 5. ude: 6. Life shall be determined and shall include the following requirements: ~tic 'nents shall include: ress and exit si.qns rements requirements shall include: is terns ms be reviewed and shall at a minimum nc ude the following: lum board and plaster S:~DeveloDment\ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc 11 · insulating (mechanical) · roofing · insulation - ' :: 10. Accessibility requirements shall include the following: · site requirements · accessible route · vertical accessibility · toilet and bathing facilities · drinking fountains .equipment especial occupancy requirements · fair housing requirements · handicapped accessibility 11. Interior requirements shall include the following: .interior finishes (flame spread/smoke develop) · light and ventilation ·sanitation 12. Special systems .elevators .escalators .lifts 13. Swimming Pools · alarm/barrier requirements -spas · wading pools Plans shall detail compliance with Section 424 of this code, and NSPI-5, and Sectio~ 104.2.4 on Site Drawinqs. Electrical 1. Electri;al: ,wiring ,services · feeders and branch circuits · overcurrent protection ·Qroundin.cl · wiring methods and materials ,GFCIs 2. Equipment 3. Special:Occupancies 4. Emergency Systems 5. Communication Systems 6. Low-voltage 7. Load calculations Plumbin_~ 1. Minimum plumbing facilities 2. Fixture requirements 3. Water SUDDIv DiDincl 4. Sanitary drainage 5. Water heaters 6. Vents 7. Roof drainage 8. Back flow prevention 9. Irrigation 10. Location of water supply line 11. Grease traps 12. EnvirOnmental requirements 13. Plumbing riser S:\Develo~rnent~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc 1 ') Mechanical 1. Energy calculations 2. Exhaust systems · clothes dryer exhaust · kitchen equipment exhaust · specialty exhaust systems 3. _Equipment 4. Equipment location 5. Make-u 6. it 9. ~ir 11 )laces and vents 13. on 15. Gas 1. Gas piping 2. Venting 3. Combustion 4. Chimneys and vents 5. 6. as 7. 8. . location 9. Riser diagram/shut-offs Demolition 1. Asbestos removal Engineering 1. Stormwater drainaqe system and other requirements of the Enqineerin.q Division Residential (One and Two-Family): Building 1. Site requirements (and Section 104.2.4, Site Dra~in.qs) · set back/separation (assumed property lines) · location of septic tanks 2. Fire resistant construction (if required) 3. Fire 4. Smoke detector locations 5. Eqress · egress window size and location · stairs construction requirements 6. StrUctural requirements shall include: · wall section from foundation through roof, · includin,q assembly and materials .·connector tables :·wind requirements ,·structural calculations (if required) · elevator support and attachment 7. Accessibility requirements: · show/identify accessible bath 8. Electrical requirements shall include: ~·electric servi ce riser with wire. sizes, conduit detail and grounding detail. · complete load calculations S:~Develo~ment~ORDINANCES & AMENDMENTS~O01 Administrative Code Exhibit A.doc · panel schedules eservice equipment and panel Iocatior~s Plumbing requirements shall include! eminimum plumbing facilities efixture requirements · water supply pioin.q esanitary drai,na,qe ewater heaters 10. · equipment location emake up air shall include: ~ kitchen equipment exhaust vents 11. Enc shall include: ~rmwater drainage plan .... ~; ....... ;+~, .,,, .... .,;..;,,,,.. ,.,,h., ,,.,.h,,;,..,, ,.,.,~ .... '~ cth=r p:,"t, incnt 12;~ or crdin=nccs. The buildin¢ architect or engineer statinq that the I: codes. For buildings and structures, the affidavit shall state that the )e of construction and general arrangement and n and that the plans and desi.qn conform loads and stability. The pection accept such affidavit, provided '~he architect Jch affidavit agrees to submit to the building official copies of ~ns and upon completion of the structure, electrical, gas, f structure, electrical, .qas mechanical or accordance with the requirements of the technical codes. Where the bu ineer shall assume full )rovisions of the technical codes and other pertinent lav~s or o ualified as Florida Statutes, and that any person COnductinq in under Part Xll of Chapter 468, Florida Statutes. S:~Developrnent~ORDINANCES & AMENDMENTS~O01 Administrative Code Exhibit A.doc 1 ~ 104.4 ISSUING PERMITS 104.4.1 ACTION ON PERMITS. The building official shall act upon an application for a permit without unreasonable or unnecessary delay. If the building official is satisfied that the work described in an application for a permit and the ContraCt doCUments filed thereWith conform to the requirements of the techn cai codes and other pertinent laws and ordinances, heShall issue a permit to the applicant. 104.4.1.1 When authorized through contractual agreement with the School BOard of Palm Beach 104.4.1.2 Ifa state ur government's code e 104.4.1.3 No permit may be issued for any building repair, or addition issues the permit any of the followin permit is to be registered under chapter 471, Florida Statutes: 1. Electrical documents for any new buildin ca (240 volts)or more on a commercial ( $5O,00O. 2. Plumb more than 250 fixture units or which costs ~ · Section 6331521 , which the of an en.qineer or 800 amperes a fire sprinkler and ~nsists of the of the ventilation, and air-conditi, family, three-family An air con, ar re( wh~ are CO or addition which 100 or :does ~0- to duct air :rsons. S:~evelopment~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A. doc ] ~ Because the six mechanical units are connected to a common Water tower this is considered to be an 18-ton system. It therefore could not be designed by a mechanical or air conditioning contractor. ized n.q or addition gas, oxygen, steam, vacuum, toxic air filtration, halon, orfire detection and alarm system which costs more than $5,000. Documents requiring an engineer seal by this part shall: not be valid unless a professional engineer who possesses a valid certificateof re.qistration has signed, dated, and stamped such document as prov ded in Section 471.025 Florida Statutes. ot issue a bu Id. n.q permit for any building 'construction, Idition un ess the permit either includeson its face or .... ' t f the statement: NOTICE: In add~bon to the requ~remen s o this permit, ther~ay be additional restrictions applicable to this property that may be found in the public records of this county; and there may be additional permits required from other.qoVernmenta! entities such as.p an-nin.q, zon ri.q, water management distr cts, State agencies, or federal agencies. 1t .q must be issued within 30 working the FlOrida Bulk agency's aws or ordinances. or other CO application for a permit and the accompanying conform to the requirements of the technical codes the building official shall not issue a permit, but shall retu~ the with the refusal to issue such permit. SuCh refusal shall, when contain the reason for refusal. NIMUM PREMIUM POLICY. Except as otherwise provided in as a condition to receivina a buildina nsation for its employees as provided in Sections Statutes. 104.4.3 SPECIAL FOUNDATION PERMIT. When application for permit to erect or enlarge a building has been filed and pending issuance of such permit, the building official may, at his discretion, issue a special permit for the foundation only. The holder of such a special permit is proceeding at his or her own dsk and without assurance that.a permit for the remainder of the work will be granted 'nor that corrections will not be required in order to meet provisions of the technical codes. 104.4.4 PUBLIC RIGHT OF WAY. A permit shall not be given by the building official for the construction of any building, or for the alteration of any building wnere said building is to be changed and such change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on any street, alley or public laRe way, or for the placing on any lot or premises of any building or structure removed from another lot or premises, unless the applicant has made application at the office of the agency having jurisdiction for the lines of the public street on which he proposes to build, erect or locate said building; and it shall bethe duty of the building official to see that the street lines are not encroached upon except as otherwise permitted by the agency or provided for in Chapter 32. 104.5 CONTRACTOR'S RESPONSIBILITIES It shall be the duty of every contractor who shall make: contract for the installation or repairs of a building, structure, electrical, gas, mechanical or plumbing system, for which a permit is required to comply with state or local rules and regulations concerning licensing and inspections which the applicable governing authority may have adopted. S:~Development~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc 1 f; 104.5.1 RESIDENTIAL OWNER/BUILDER. Pursuant to provisions of Chapter 489.503, Florida Statutes, a sole owner may make application for permit and supervise the work in connection with the construction, maintenance, alterations, or repairs of a single family or duplex residence for his/her OWN USE AND OCCUPANCY and not intended for sale. The construction of more than one resid I be construed aS contracting and, such own{ re~ censed=as a contractor. 104.5.1.1 ASBESTOS REMOVAL. Moving, removal or disposal of asbestos-containin.q materials on a resident the owner occ[ rform: contracto~ to II or mi 104.5.2 NON-RESIDENTIAL OWNER/BUILDER. An owner for a ~pplication in a ~n~ red in th( I obtain all sub-permits. I rilE PERMIT 104.6.1 I shall be construed to be a :license to proceed with the work and not as authOr , cancel, alter, or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of er ~n plans, construction, or violations of this code. Every permit issued shall , work authorized by such permit is commenced within six months after its Dy such permit is suspended or abandoned for a pedod of six is'commenced. One or more extensions:of time, for periods not more for the permit. The extension shall be requested in writing and Extensions shall be in writing by the building official. 104 and the permit is revoked, becomes null and void, or expires 104;6.1.2 If a new permit is not obtained within 90 days from the date the initial permit became null and void, the building official is authorized to require that any work which has been commenced or comPleted be removed from the building site. Orders of removal are appealable to the Construction Board of Adjustments and Appeals within 30 days of receipt of the ~order. The power to order removal of unpermitted work is supplemental to the power to demolish unsafe structures under Section 103.5 of this section, as well as the power to seek. iniunctive relief, as provided for in Section S:~Develoi~ment~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc 1'7 553.83, Florida Statutes. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all, applicable regulations in effect at the time the initial permit became null and vo'd and anY 'rb.~i~l~' ~hlch?:'may have become effective between the date of expiration and the date of ssuance of the new permit. 104.6.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directlyto iudicial injunction, order or similar process. 104.6.1.4 The fee for renewal re-issuance and extension of a permit shall be set forth by the administrative authority. 104.6~2 PERMIT ISSUED ON BASIS OF AN AFFIDAVIT. Whenever a permit is issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation under condi inion of the building official, are hazardous or complex, the building official shall .the architect or engineer who'signed the affidavit or prepared the drawings or computations shall inspect such work, pursuant to the provisions of Chapter 468, Florida Statutes. n a~iditiOn, they shall be responsible for conformity with the permit provide copies of inspection re performed, and upon completion make and file with the building official written work has been done in conformity with the reviewed plans and with the In the event such architect or engineer is.not available, the owner :)y instead a competent person or agency whose qualifications are reviewed by conducting plan review or inspection shall be licensed according to 104.6.3 PLANS. When the building official issues a permit, he shall endorse, in wdting or by stamp, both sets of plans.,"Reviewed for Code Compliance." The building official shall retain one set of drawings so reviewed and the other set shall be returned to the applicant. The permit drawings shall be kept at the site of work and shall be open to inspection bythe building official or an authorized representative. 104.7 FEES 104.7.1 PRESCRIBED FEES. A permit shall not be issued until all fees prescribed in Section 104.7 inclusive have been paid. 104.7.2 PERMIT FEES. For construction that includes building systems, structures, electrical systems, plumbing systems, mechanical systems, gas systems or other systems involving site improvements that require a permit, a permit fee and, where applicable, other fees will be eStablished: These fees will be required to be paid by the applicant before the perm~t'.";!ll b= !ssued prior to permit issuance. The basis for determining the permit fee is established by City resolution. The City resolution document titled Fees for Land Development Related Activities contains the factor used to determine the permit fee. This factor is identified in the category-titled Building and Construction Permits. The'dcll~r :meu~t cost of the permit fee is established by multiplying the value of the construction that' ,,~.~,,/o~ ~,,~,,,;**,,,~ ~ ...... ;+ rmit Ii i th ~s shown on the ~. .... ,., ............... ,. ....... pe app cat on by e permit-fee factor. Permit fees are not refundable. City resolutions are ratified by the City Commission and periodically may be amended pursuant to the code, ordinances or regulations that are used to establish a resolution. 104.7.3 OTHER FEES. A permit shall not be issued until all other fees associated with said permit are paid. Other fees may include additional fees, penalty fees, waterand sewer capital faci lity fees, Fire Department fees, Palm Beach County Im pact fees and State of Florida fees. Water and sewer facility fees are established in Chapter 26 of the City of Boynton Beach Code of Ordinances. The Fire Department fees are established in Chapter 9 of the City of Boynton Beach Code of Ordinances. The city collects Palm Beach County Impact fees that include fees for Roads, Public Buildings, Schools and Parks. The city collects State of Florida surcharge fees for the Radon Trust Fund (Radon) and. Bui.lding Code Administrators and Inspectors Fund (BCAIF). S:~Z)evelo~ment~ORDINANCES & AMENDMENTSt2001 Administrative Code Exhibit A.doc ! ~ 104.7.4 PLAN FILING FEE. A plan-filing fee shall be paid at the time of filing a permit application. The plan-filing fee is part of the permit fee and is deducted from the total amount of the permit fee. The dollar amount of the plan-filing fee is determined by multiplying the estimated dollar value of the construction that is specified by th~ appllcc.-.t cn thc p~rmlt cp~llcctlon by the permit fee factor and then mu t plies that total dollar amount bY30 percent. The plan-fi ing fee is not refundable. =.FORE PERMIT ISSUANCE. the ON AND REVISION FEES. When the from wh Plans, issued. fee the ap be lue. the permit at with the date; a 104.7.7 keep a permanent.ar~ of all ~= names of ~ereof, will be on :record~ of the inte lar amount of a permit fee is based c The value of construction value of 104.7.8.2 DETERMINING VALUE OF CONSTRUCTION. The value of construction is the total dollar value of all conStructiOn proposed with a request for permit. The value for new itions to existing buildings that increase ti' computed Valuation estimate. vah existi~ the value The va not lim scaping, paving, si all be the ~lue of ~for all II Building Valuation n Section 104.7.8.1. 104.7.8.3, Valuation :Data ;e a Building S:~Develol~ment~ORDINANCE$ & AMENDMENTS~2001 Administrative Code Exhibit A. doc 1(3 unfinished other' listed in the SBCCI that the applicant sI 104.7.8.4 B'Ji!d!r.G. To determine the value of construction using the SBCCI Building Valuation Data chart, apply the following: find on the chart the sification and Type of Construction that matches that which is identified on permit, take the average per foot value for the appropriate occupancy classification and type of construction, and multiply that dollar value by the regional modifier for Flodda and then multiply that total squ~ro foot v~!ue by the gross floor area of the building. To determine the value of construction for residential occupancy classifications, apply 100% of the average per foot value for the gross floor area of living space, apPly 50% of the average per foot value for the gross floor area of garages and other areas as ~g o~cia or his/her designee and apply 25% of the average per foot value for gross ._.d ro~)fed area, The building valuation data chart includes values for pdnk ers, elevators and, Where applicable, they shall be added to:the ~ tota value of conStructiOn. For special occupancy classificationS not '~ Chart, the value of c°nstruction shall be based on the cost estimate ; on the permit application. the opinion of the building official and/or the building official's ~ere is a question regarding the valuation of the construction applicant ~ specified on the permit application, the permit shall be denied ~ until the apPlicant'"~"'"'"'""~'~...~ provides written detailed est mates, and/or a bOna fide signed contract for the proposed improvements. The detailed estimates and/or bona lide signed contract shall meet-t-he ........ ' '-¢ be approved by the building official and/or the building official's designee. NATIVES. The building official may consider alternative valuations , when accompanied by proper certification that the values include all elements defined on the plans submitted for permit. 104.7.8.6 REFUNDS. Refunds may be granted only for the other fees that are collected in conjunction w th s. cung a permit. See Section 104.7.3 for a description of other fees. Contact the building official Or his/her designated representative for the procedures that are required to be followed to request a refund. 105 INSPECTIONS 105.1 EXISTING BUILDING INSPECTIONS Before issuing a permit, the building official may examine or cause to be examined any building, electrical, gas, mechanical, or plumbing syste ms for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. He The buildinq official shall inspect all buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, during and upon completion of the work for which a permit was issued. He The buildinR official shail:make a record of every such examination and inspection and of all violations of the technical codes. ,NOTE: Refer Chapter 34, Florida Building Code, for additional information on existing buildings. 105.2 MANUFACTURERS AND FABRICATORS When deemed necessary by the building official, he the building official shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. 105.3 RESIDENT INSPECTION SERVICE The building official may make, or cause to be made, the inspections required by 105, in accordance with provisions of Chapter 468, Florida Statutes. He The bUildinq official may accept reports of inspectors of recognized inspection services, provided that after investigation he is satisfied as to their qualifications and reliability. A certificate called for by any provision of the technical codes shall not be based on such reports unless the same are in writing and certified. The building official may require the owner to employ an inspection service inthe following instances: 1. For buildings or additions ofType I or Type II construction S:~DeveloI~ment~ORDINANCES & AMENDMENTS~O01 Administrative Code Exhibit A.doc 2. For all major structural alterations, structural steel, and Velded connections 3. Where the concrete design is based on compressive strength (f'c) in excess of 3,000 pounds per square inch 4. For pile driving n 20,000 square feet nusual ~ r methods of construction Such ins are ress on the Structural fame. Such reg ~g offic al. At the completion of the construction work or= project, such ins certificate ofcom submit a s 'in compliance !05.3.! THR£SHOLD BUILDINGS ~;;~,;~ .... ,,,,.,;,. ,~ ~..i,~.~, .........c-~- i ..... ~rd,-~n-e- rules =nd m~u;at OhS 105.3.1: THRESHOLD BUILDINGS. The enforcing agency shall require a special inspector to perform structural insPections On a threshold buildin.q pursuant to a structural inspection plan preparedby the en.qineer or architect of record. The structural inspection plan must be submitted to the enforCin.q agency prior to the issuance of a buildin.q permit for the conStruction of a threshold bUilding., Th~ pUrpOSe of the structUral inspection plans' is to provide specific inspection procedures and scheduleS so that the bUilding can be adequately inspected for compliance with the permitted documents. 105.3.2 The special inspector shall inspect the shorin.q and re-shodn.q for conformance to the shodnq and re-shoring plans submitted to the enforcing agency. A fee simple title owner of a buildin.q which does not meet the minimum size, height, occupancy, occupancy classification or number-of-stories Criteria which would result in classification asa threshold buildinq under Section 553.71 (7), Florida Statutes, may designate such building as a threshold buildinq, subiect to more than the minimum number of inspections required bythe Florida Buildin.q Code, Building. 105.3.3 The' fee owner of a threshold building shall select and pay all costs of employing a special inspector, but the special inspectorshall be responsible to the enforcement agency. The inspector shall be a person certified1 licensed or re.qistered under Chapter 471, Florida Statutes, as an en.qineer or under Chapter 481, Florida Statutes, as an architect, to conduct inspections of threshold buildings. S:~Development[ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc '~ 1 105.3.4 Each enforcement aqency shall require that,, on~e~ry threshold buildin.q: 105.3.4.1 The special inspector, upon completion of the buildin.q and pror to the issuance of a certificate of occupancy, file a s,,i.qned and sealed statement with the enforcement a.qency in substantially the following form: To the best of my knowledqe and belief, the above-described construction of allstructurat Ioad-bearin.q components complies with the permitted documents, and the shoring and re-shorin.q conforms to the shorn.q and re-Shoring plans submitted to the enforcement agency." 105.3.4.2 Any proposal to install an alternate structural product or system to which buildin.q codes apply be submitted to the enforcement agency for review for compliance with the codes and made part of the enforcement agency' s recorded set of permit documents. 105.3.4.3 A I sh6rin.q and re-shoring procedures, plans and details be submitted to the enforcement a_~enc¥ for record keeping. Each shoring and re-s horin.q installation shall be supervised, inspected and certified to be in compliance with the Shoring documents bythe contractor. 105.3.4.4 All plans for the building which are required to be signed and sealed by the architect or en.qineer of record contain a statement that, to the best of the architect'S Or en.qineer's knowledge, the plans and specifications comply with the applicable fire-safety standards as determined by the local authority in :accordance with this section and Section 633, Florida Statutes. 105.3.5 No enforcing agency may issue a building permit for construction of any threshold buildinq except to a licensed general contractor, as defined in Section 489.105(3)(a), Flodda Statutes, or to a licensed buildin.q contractor, as defined in Section 489.105(3)(b), Florida Statutes, within the ~ope of his or her license. The named contractor to whom the~buildin.q permit is issued shall have the responsibility for s~pervision, direction, manaqement and control of the ConstructiOn activities on the proiect for which the buildinq permit was issued. 105.3.6 The building department may allow a special inspector to conduct the minimum structural nspection of threshold buildings required by this code, Section 553.73, Florida Statutes, without duplicative inspection by the building department. The building official s responsible for ensurinq that any person conducting inspectionS is qUalified as a buiidinq inspector under Part Xll of Chapter 468, Flodda Statutes, or certified as a special inspector under Chapter 471 or Chapter 481, Florida Statutes. Inspections of threshold buildings required by Section 553.79(5), Florida Statutes, are in addition to the minimum inspections required bythis code. 105.4 INSPECTIONS PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY OR COMPLETION The building official shall inspect or cause to be inspected at various intervals all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, gas, mechanical or plumbing system upon completion, prior to the issuance of the pCertificate of Occupancy Or Completion. In performing inspections, the building official shall .qive first riodtyto inspeCtions of the construction, addition or renovat on to any facility owned or controlled by a state university, state community colle.qe, or public school district. 105.5 POSTING OF PERMIT Work requiring a permit shall not commence until the permit holder or agent posts the permit card in a conspicuous place on the premises. The permit shall be protected from the.weather and located in such position as to permit the building official or representative to conveniently make the required entries thereon. The permit holder shall maintain this permit card in such position until the Certificate of Occupancy or Completion is issued bythe building official. 105.6 REQUIRED INSPECTIONS The bu Iding official, upon notification from the permit holder or agent, shall make the following inspections and such other inspections as necessary, and shall either release that portion of the S:~Development~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc ')'~ construction or shall notify the permit holder oragent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. The buildin.q official shall have the authority to accept affidavits as proof of compliance. BuildinR , excavatod and forms erected and .stem-wall 2. F~ ~s ~n at.a drawinc com To be made either as part of a dry-in inspection or done Ill roof and Wall sheathing and fastenebs are minimum nclude the following building components: steners at a minimum include the bllowin,q building components: the ,for occu to be made after excavation and installation of reinforcinq steel, dra n and prior to placing ofconcrete as or · Dr to ill nq w th water decks, or special complete and all required 7. Sro Electrical to Section 1606.1.4 made after all utility connections have been disconnected and ner that no unsafe or unsanitary condition shall exit durinq or ;rations. made .after all demolition work is completed. e made after trenches or ditches are excavated, conduit or any backfill is put in place. S:~Development~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc 2. Rough-In inspection: To be made after the roof, framing, fire blockinq and bracing is in place and prior to the installation of Wall or ceiling membranes. 3. Low Voltage: To be made for security, ala~?elevatoq and special uses priorto being covered from view. 4. Final inspection: To be made after the building is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy. Plumbin.q 1. Underground inspection: To be made after trenches or ditches are 'excavated, piping installed, and before any backfill is put in place. ~: To be or ceiling membranes. building is complete, all plumbing lxtures are in the structure is readyfor occupancy. Note: Section 312 of the Florida Building Code, Plumbing, for required, tests. be made after trenches or, ditches are excavated, installed, and before anY backfill s put n p ace. are in to the Gas is all new has been cover the mechanical system is in has has or otherwise made on as work authorized by the permit and such may be affected by new work or any chan.qes, to insure uirements of this code and to assure that the installation and in accordance with reviewed plans. 105.7 WRI'i-I'EN, RELEASE Work.shall part of a building, structure, electrical, gas, mechanical or plumbing in each successive inspection without first obtaining a wr tten release official. Such wntten release shall be given only after an inspection has step in the construction or installation as indicated byeach of the forec. )ns. 105.8 REINFORCING STEEL AND STRUCTURAL FRAMES ReinforCing steel or Structural framework of any part of any building or structure shall not be covered or concealed without first, obtaining a release from the building official. Certification of weld and bolted connection= shall be sUbmitted to the bu Id n.q oficial 105.9 PLASTER FIRE PROTECTION In all bull piaster is used for fire protection purposes, the permit holder or agent shall nc after all lathing and backing is in place. Plaster shall not be applied until the rele official has been received. 105.10 The be cove ~netrations PENETRATIONS required fire resistive construction assemblies shall not first obtaining a release from the building official. S:~DevelopmenttORDINANCES & AMENDMENTS~O01 Administrative Code Exhibit A.doc 105.10.1 TERMITES. Buildin.q components and building surroundings required to be protected from termite damage in accordance with. 1503.4.4, 1804.6.2.7, 1916:7.5, 2303, 2304 or 2603.3, specifically required to be inspected for termites in accordance with 1816 shall not be covered or concealed until the release from the buildin.q official has been received. 105.11 F The concealed work to facilitate i born by the ap~ ~it with fraud or disreg or~ adversely property =onditions of dust, New serving ntractors decks the )rder to 106 CERTIFICATES 106.1 106.1.1 iCY. A new building shall not be occu occupancy, uilding or part of a I: a Certificate of Occupancy. Said certificate shall not mechanical, plumbing and fire protection systems have been ' technical codes and other applicable laws and ordinances and ~ge made in the ~cial has issued lectrical, gas, lpl ice with the official. OF OCCUPANCY. U pon satisfactory completion of construction of a bull, electrical, ~]as, mechani~,al and plumbing systems in reviewed the final nspection, the official :shall issue a Certifl nature of the occupancy permitted, the number of persons 1 the allowable load per square foot for each floor in ~ ions auth (110%) of the E the A 3C 3artial Certificate of of a building that s hall have the to provide Certificate of Jrety is to insure ~ndred ten percent as determined by led document ~pleted and all of Occupancy surrender the cash city S:~Development~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc surety. The City then may use the surety to finish the remaining work. The surety shall be in the form of cash money, certified check, or cashiers check. Surety shall be returned upon approval of all final inspections and upon written request that has been approved by the .building official. 106.2 CERTIFICATE OF COMPLETION Upon satisfactory completion of a building, structure, electrical, gas, mechanical or plumbing system, a Certificate of Completion may be issued. This certificate is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to occupy or connect a building, such as a shell building, prior to the issuance of a Certificate of Occupancy. 106,3 SERVICE UTILITIES 106;3.1 CONNECTION OF SERVICE UTILITIES.~No person shall make connections from a utility, source of energy, fuel or power to any bu Iding or.system which is regulated by the technical codes for which a permit is required, until released by the building official and a Certificate of Occupancy or Completion is.issued. ~he servicing utility company shall not connect the power supply until notified by the building offiC~'aL 106,3.2 TEMPORARY CONNECTION. The building official may authorize the temporary connection of the building or System to the utility source of energy, fuel or power for the purpose of testing building service systems or for use under a tern porary Certificate of Occupancy. 106.3.3 AUTHORITY TO DISCONNECT SERVICE UTILITIES. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by the technical codes, in case of emergencywhere necessary to eliminate an immediate hazard to life, e~ property, or unsafe condition. The building official shall notify the serving utility and, wheaever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior t(:~taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. 106.4 POSTING FLOOR LOADS 106.4.1 OCCUPANCY. An existing or new building shall not be occupied for any purpose that will cause the floors thereof to be loaded beyond their safe capacity. The building official may permit occupancy of a building for mercantile, commercial or industrial purposes, by a specific business, when he/she is satisfied that such capacity will not thereby be exceeded. 106.4.2 STORAGE AND FACTORY-INDUSTRIAL OCCUPANCIES. It shall be the responsibility of the owner, agent, proprietor or occupant of Group S and Group F occupancies, or any occupancy where excessive floor loading is likely to occur, to employ a competent architect or engineer in computing the safe load capacity. All such computations shall be accompanied by an affidavit from the architect or engineer stating the safe allowable floor load on each floor in pounds per square foot uniformly distributed. The computations and affidavit shall be fiiect as a permanent record of the building division. 106.4.3 SIGNS REQUIRED. In every building or part of a building used for storage, industrial or hazardous purposes, the safe floor loads, as reviewed by the building official on the plan, shall be marked on plates of approved design which shall be supplied and securely affixed by the owner of the building in a conspicuous place in each story to which they relate. Such plates shall not be removed or defaced, and if lost, removed or defaced, shall be replaced by the owner of the building. 107 TESTS The building official may require tests or test reports as proof of compliance. Required tests are to be made at the expense of the owner, or agent, by an approved testing laboratory or other approved agency. 108 BUILDING BOARD OF ADJUSTMENT AND APPEALS S:~Developrnent~ORDINANCES & AMENDMENTS~O01 Administrative Code Exhibit A.doc '~ ~; 108.1 APPOINTMENT There is hereby established a board to be called the Building Board of Adjustment and Appeals, which shall consist of seven members and two alternates. The applicable governing body shall appoint the Board. 108~2 MEMBERSHIP AND TERMS 108.2.1 MEMBERSHIP. The Building Board of Adjustment and Appeals shall consist of seven members. Such board members shall be composed of individuals with knowledge and experience in the technical codes to include an architectl engineer, general contractor, el~ctr cai c~ntractor, ~ny other contractor licensed category. In addition to the qualifications a case in whi~ al interest. third shall so no more than one- or replaced in any 12-month period. The two alternates, if appointed, for an unexpired term in the manner in which ontinuedabsencerof any member from required the applicable governing body, render any such 108,2.3 QUORUM AND VOTING. A simple majority of the board shall constitute a quorum. In varying any provision of this code, the affirmative votes of the majority present, but not less than three affirmative red. In modifying a decision of the building official, not less than four affirmative ~ majority of the board, shall be required, in theevent that regular members are.unable to attend a meeting, the alternate members, if appointed, shall vote. - 108.2.4 SECRETARY OF BOARD. The building official or his/her authorized representative, shall act as secretary of the board and shall make a detailed record of all of its proceedings, which shall set forth the reasons,for its decision, the vote of each member, the absence of a member, and any failure of a member to vote. 108.3 POWERS The Building Board of Adjustments and Appeals shall have the power, as further defined in 108.4, to hear appeals of dec sions and interpretations of th e bu ding offic a and cons der vadances of the technical codes. 108.4 108.4.~ N OF THE BUILDING OFFICIAL. The owner of a building, structure or service authorized agent, may appeal a decision of the building official to the Building Board of Adjustment and Appeals whenever any one of the following conditions are claimed to e~ist: 1. The building official rejected or refused to approve the mode or manner of construction propoSed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 2. The provisions of this code do not apply to this specific case. 3~ That an equally good or more desirable form of installation can be employed in any specific case. 4. The true intent and meaning of this code or any of the regulations thereunder have been misconstrued or incorrectly interpreted. 108.4.2 VARIANCES. The Building Board of Adjustments and Appeals, when so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also fnds all of the following: S:tDevelooment~ORDINANCES & AMENDMENTS~OO1 Administrative Code Exhibit A.doc 1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which:~ife not applicable to others. 2. That the special conditions and circumstances do not result from the action or inaction of the applicant. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or sertice system. 4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or se~ce system. 5. That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. 108.4.2.1 CONDITIONS OF THE VARIANCE. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with this .code. Violation of the conditions of a variance shall be deemed a violation of this code. 108.4.3 NOTICE OF APPEAL. Notice of appeal shall be in writing and filed within 30 calendar days after the building official renders the decision: Appeals shall be in a form acceptable to the building official. 108.4.4 UNSAFE OR DANGEROUS BUILDINGS OR SERVICE SYSTEMS. In the case of a building, structure or service system, which in the opinion of the building official, is unsafe, unsanitary or dangerous, the building official may, in the order, limit the time for such appeals to a shorter period. 108.5 PROCEDURES OF THE BOARD 108.5.1 RULES AND REGULATIONS. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board shall meet on call of the chairman. The board shall meet within 30 calendar days after notice of appeal has been received. 108.5.2 DECISIONS. The Building Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or vades the application of any provision of this code, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final; subject however to such remedy as any aggrieved party might have at law or in equity. 109 SEVERABILITY If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. 110 VIOLATIONS AND PENALTIES Any person, firm, corporation or agent who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish or move any structure, electrical, gas, mechanical or plumbing system, or has erected, constructed, altered, repaired, moved or demolished a building, structure, electrical, gas, mechanical or plumbing system, without full compliance with applicable codes, laws, ordinances, rules and regulations, shall be guilty of a misdemeanor. Each such person shall be COnsidered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the S:~Develo~ment[ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc '~ ~ provisions of applicable codes, laws, ordinances, rules and regulations is committed or continued, and upon conviction of any such violation such person shall be punished within the limits and as provided by state laws. Nothing in this section shall prevent the City of Boynton Beach from imposing fines, liens, or seek injunction relief, or exercising other enforcement powers as permitted by law. S:~Develo~ment~ORDINANCES & AMENDMENTS~O01 Administrative Code Exhibit A.doc '~ (3 Requested City Commission Meeting Date~ [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 XII, - LEGAL ITEM B,2 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FOt tvt Date Final Form Must be Turned in to City Clerkis Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19; 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commissmn Meeting Dates [] October I, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Amend Chapter 16, Section 16-61 of the Code of Ordinances to clarify regulations regarding boat launching and trailer parking user fee at Boat Club Park. EXPLANATION: This was a new fee, effective October 2001, for persons launching their boats and parking their trailers at Boat Club Park. After implementation, it was determined that more clarification regarding decal placement and a provision for replacement decals (in the event a customer sells his/her vehicle or otherwise needs to replace a previously purchased decal) is needed. These additional paragraphs are modeled after Section 16-82 which'details the beach decal issuance procedures. PROGRAM IMPACT: Will specify by ordinance where the decal is to be placed to ensure uniformity and provide a provision for replacement decals. FISCAL IMPACT: N/A ALTERNATIVES: Do not modify Code of Ordinances. Recreation Department Name City Manager's Signature City Attorney / Finance / Human Resources S:XBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- ~ ~ AN THE CITY AMENDING BEACHES',' PROVIDE A ORDINANCE OF THE CITY COMMISSION OF OF BOYNTON BEACH, FLORIDA, CHAPTER 16, "PARKS AND "CITY PARKS AND id) TO CODE ST~LISHING C{ WHEREAS, staff has become aware that since the implementation of a new regulation in October, 2001, regarding boat launching and trailer parking users fees at Boat Club Park, that more clarification was needed regarding decal placement and provisions for replacement decals; and WHEREAS, the City Commission of the City of Boynton Beach, F~rida has determined that it is in the best interests of the citizens and residents of the City to amend the Code to clarify and set forth procedures for placement of decals and establishing a uniform replacement provision; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. That Chapter 16, "Parks and Recreation", Article II "City Parks and Beaches" Section 16-61(d) is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: Sec. 16-61. Boat launching and trailer parking user fee at the Boat Club Park. (a) The purpose of this section... (d) Annua! Ddecals will be issued to an applicant on an annual basis October to September 30~pon satisfactory completion of appropriate application forms, Page [ commencing October 1, 2001. All decals shall be permanently affixed on the passenger side of the trailer (on a conspicuous part of the winch post; alternately the tongue, as close as possible, to the ball). Decals placed on a trailer other than the one for which it was originally issued shall be construed to be void. Lost or Mutita. ted permits. In the event that the trailer to which the permanent decal was issued has been sold or otherwise changed ownership and/pr in the event a properly issued decal is mutilated and can be identified, such decal wil be replaced for a charge of twenty-five dollars (S25.00) provided tlie holder can return an identifiable portion of the mutilated decal to the city. tn the event th eholder of a lost or mutilated decal cannot provide m~ identifiable portion or par of such decal, the charge ['or a replacement decal will be the stm~ of fifty dollars ($50.00). Section 3. Should :any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 4. Authority is hereby granted to codify said ordinance. Section 5. This ordinance shall become effective immediately upon passage. FIRST READING this day of August, 2002. SECOND, FINAL READING AND PASSAGE this day of ,2002. CITY OF BOYNTON BEACH, FLORDA Mayor Vice Mayor Commissioner ATTEST: Commissioner City Clerk Commissioner Page 2 RECREATION DEPARTMENT MEMORANDUM NO. 02-43 TO: VIA: FROM: DATE: SUBJECT: Rosemarie Lamanna, Paralegal City Attorney's Office Wilfred Hawkins, Assistant City Manager July 31,' 2002 Modification of Code of Ordinances, Chapter 16, Section 16-61 We are submitting an agenda item request for first reading on August 20, 2002 to modify Chapter 16, Section 16,61 of the Code of Ordinances which governs boat launching and trailer parking user fees at Boat Club Park. We request that the following additions be made: Section 16-61, Paragraph (d): Annual a, dDecals will be issued to an applicant on an annual basis October 1 to September 30 upon satin-factory completion of appropriate application forms, commencing October 1, 2001. All decals shall be permanently affixed on the passenger side of the trailer (on a conspicuous part of the winch post; alternately the tongue~ as close as possible to the ball). Decals placed on a trailer other than the one for which it was originally issued shall be construed to be void. Lost or Mutilated permits. In the event that the trailer to which the permanent decal was issued has been sold or otherwise changed ~wnership and/or in the event a properly issued decal is mutilated and can be identifie& such decal will be replaced for a charge of twenty-five dollars ($25.00) provided the holder can return an identifiable portion of the mutilated decal to the city. In the event the holder of a lost or mutilated decal cannot provide an identifiable portion or part of such decak the charge for a replacement decal will be the sum of fifty dollars ($50.00). Please let me know if you need any more information. Thank you. Vq'~V~: SC XII. - LEGAL ITEM C. 1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6, 2002 [] August20,2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office luly 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Tumed in To City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION:'--Mofion to approve an amendment to Resolution R02-085, further amending the Fire Assessment Roll. EXPLANATION: By Ordinance 01-34, dated 7/11/01, amended by Ordinance 01-56 on 11/20/01, and Resolution R01-249, dated 11/6/01, a Fire Assessment was Lmplemented in the City of Boynton Beach. An Initial Notice of the Fire Assessment was sent to property owners within the City. When these property owners received the actual bill from the City, several questioned their square footage, building type classification, number of buildings and number of units. City staff then reviewed the issues raised by several of these property owners, and confn'med the need to make minor adjustments to the roll. In response, the City passed Resolution No. R02-085, on May 21, 2002, which amended the assessment roll. Since that time, the City has become aware of a further need to revise the assessment roll, as set forth in the attached report. Staff is prepared to respond to specific questions regarding line item adjustments. PROGRAJ~ IMPACT: Changes that are made now will save problems with the assessment roll for next year. Changes to the assessment roll based on competent and substantial evidence will help insure the equitable distribution of Fire Assessment costs to property owners. FISCAL IMPACT: The financial impact associated with these adjustments is - $3,638.00. ALTERNATIVES: those where Property owners had dispu~ut staff did D~r~artm"b-~H~'s Signature Department Name To not approve the recommended changes; or to approve changes recommended by staff as well as not recommend a change. ,) ' City l~anager's Signature ,f? ~ity Attol~y / Finance / Human Resources S:'d3ULLETINZFORMS',AGENDA ITEM REQUEST FORM.DOC RESOLUTION R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING RESOLUTION NO. R02-085 BY FURTHER AMENDING THE FIRE: ASSESSMENT ROLL; AND PROVDING AN EFFECTIVE DATE. WHEREAS, correction/comment cards were mailed to property owners together with the initial notice of the Fire Assessment; and WHEREAS, some comments/questions were received from property owners, which prompted the City to reevaluate the billings for the initial year, to ensure the equitable distribution of Fire Assessmem costs to property owners; WHEREAS, in response to these correction/comment cards the City Commission adoptec~ Resolution R-02-085 on May 21, 2002, to accurately reflect the equitable distribution of Fire Assessment costs to property owners; and WHEREAS, since that time the City has become aware of a further need to revise amend the Fire Assessment Roll, as set forth in the attached reports; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THI~ CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2... The City Commission of the City of Boynton Beach hereby approves the amendment of Resolution R02-085, and the amendment to the Fire Assessment Roll, which is set forth on the attached report, and made a part hereof. S:\CA\RESO\Fire Assessment Resos\Second Amendment to Fire Assessment Rot1073002.doc Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) Commissioner S:\CA\RESOLFire Assessment Resos\Second Amendment to Fire Assessment Rol1073002.doc O0 O0 O0 O© <0 Z< Z Z ~zz~z ~88~ ,4', fizz~z~ ~ 8~ 8 ~ 8~o ~ ~ ~o 8 ~88~8~ Z~Z~ ~Z~Z ~o Z< :<0 ~ 8~ 8 Ol S~ ~8 ~ Z Z ~~§o O< O~ O~ O 0 0 Z Z '~Z 0 0 ~Z <Z XII. - LEGAL BEAC. IT :M CITY OF BOYNTON AGENDA ITEM REQUEST FO Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates ~n to City Clerk's Office Meeting Dates [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 [] August 20, 2002 August 5, 2002 CNoon) [] October 15, 2002 [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 [] September l7, 2002 September3,2002 (8:00a. m.) [] November l9, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report Wondzola White v. City_Of Boynton Beach PLAINTIFF COUNSEl;: Geri Sue Strauss, Esq., Jacobs & Strauss, P.A. DEFENSE COUNSEL: George P. Roberts, Jr. Esq., Roberts & Reynolds, P.A. (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: Accept the mediated settlement with Plaintiff in the mount of $11,000.00. EXPLANATION: City police vehicle was following a suspicious vehicle. No lights or sirens were in use. City police vehicle was traveling northbound on North Seacrest Boulevard and mining westbound onto Gateway Boulevard, on a solid green light, following suspicious vehicle. Plaintiff's vehicle was traveling southbound on North Seacrest Boulevard through the intersection. City police vehicle failed to yield right of way to plaintiff's vehicle. Plaintiff suffered injuries to back, neck and shoulder. Plaintiff has incurred medical expenses of $8,904.24 to date. Plaintiff's original demand at mediation was $100,000. Settlement was agreed to contingent upon City Commission approval. PROGRAM IMPACT: Settlement of this nature is part of the ongoing responsibilities of the Risk Management Department. FISCAL IMPACT: Settlement will be charged to the Risk Management Department budget expenses. ALTERNATIVES: Failure to approve settlement will result in claim being litigated. Value of this case at trial is estimated at $25,000./4rd~1//~ defense t~ial legal/~//~f 3/~{/~c°sts are estimated/~.~ at $10,000. ~7~Aflt'') ~ ~TD~/~ment Head's S~nature ' ' ' ' " ' ' Ctty Manager s S~gnamre Department Name ~' City Atto~3 ~mance / Human Resources Claimaut/WhiteW01 S:LBULLETINLFORMSL&GENDA ITEM REQUEST FORM.DOC The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Kurt Bressner City Manager THRU: Wilfred Hawkins Assistant City Manager FROM: Charles J. Magazine Risk Manager DATE: July 25, 2002 SUBJECT: Wonzola White v. City of Boynton Beach, et al Date of Loss: April 17, 2001 Risk Management recommends the City Commission ratify the: in the above stated manner. X Settlement_ Judgement RESERVES: Indemnity: $ 20,000 Expenses: $ 25,000 Demand: Original: $100,000 Final: $ 12,500 Offer.: Original: $ 2,500 Final: $ 11,000 x SETTLEMENT: $ 11,000 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: $ 1,117 Current Legal Fees: $10,867 IF NOT SETTLED Projected Legal Fees: $ 10,000 Projected Jury Verdict: $ 25,000 JUDGEMENT: $ CurrentAdjustment Fees: $ Current Legal Fees: $ CASE NARRATIVE: City police vehicle was following a suspicious vehicle. No lights or sirens were in use. City police vehicle was traveling northbound on North Seacrest Boulevard and turning westbound onto Gateway Boulevard, on a solid green light, following suspicious vehicle. Plaintiff's vehicle was traveling southbound on North Seacrest Boulevard through the intersection. Citypolice vehicle failed to yield right of way to plaintiff's vehicle. Plaintiffsuffered injuries to back, neck and shoulder. Plaintiffhas incurred medical expenses of $8,904.24 to date. Plaintiff's original demand at mediation was $100,000. Settlement was agreed to contingent upon City Commission approval. Cjm/Claimauu~VhiteW02 doc JudicialCircuit: //~' Time: ~' to Z//s (2 hour rain) Judge: County: Case #: Mediator: Rodney G. Romano, Mediation, Inc. 1-800-741-7000 Case Style: SETTLEMENT AGREEMENT This case was mediated on ff_._/~/$1, and is settled under the following terms which the parties agree are binding and enforceable: l) Defense will pay the sum of $ !/~ ~ 0t9 , payable to plaintiff(s) and plaintiffs counsel's trust account, and in exchange for a full releas.e, hold harmless of all claims and liens, including medical claims and liens, and dismissal with prejudice if suit has been filed. 2) Parties s~all bear their own costs and attorney fees. Exceptions: ' /I /'V / '- / De e'T~-fi~ants' Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 XlI. - LEGAL ITEM D.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOl ,l Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1,2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement [] City Manager's Report [] Development Plans [] New Business [] Legal [] Unfirfished Business [] Presentation Rachel McCaffrey v. City Of Boynton Beach PLAINTIFF COUNSEI~.' Mark J. Smith, Esq., Littky Smith & Phipps, P.A. DEFENSE COUNSEL: Benjamin Bedard, Esq., Roberts & Reynolds, P.A. (NOTE: Defense Counsel is assigned by the Risk Management Department from the Florida League of Cities~Flor-fda _' Municipal Insurance Trust list of approved counsel.) ~ RECOMMENDATION: Accept the mediated settlement with Plaintiff in the amount of $20,000.00. .'77. EXPLANATION: City police vehicle was responding to a call as backup officer. As he approached the intersectifffl°of Gateway Blvd. at 1-95, officer went through the intersection without stopping. Plaintiff was making a left hand turn from the on-ramp ofi-95 when the front end of the pohce vehicle struck plaintiff's vehicle at the driver's side door, spun around and smack plaintiff's vehidle a second time in the left rear. Plaintiff suffered injuries arm, neck and a fractured left clavicle. Plaintiff has incurred medical expenses of approximately $15,000.00 to date. Plaintiff's original demand at mediation was $100,000. Settlement was agreed to contingent upon City Commission approval. PROGRAM IMPACT: Settlement of this nature is part of the ongoing respons~ilities of the Risk Management Deparunem. FISCAL IMPACT: Settlement will be c .harged to the Risk Management Department budget expenses. ALTERNATIVES: Failure to approve settlement will result in claim being litigated. Value of this case at trial is estimated at $25-75,00/~ Additionaldefensetriallegalcostsareestimatedat$15,000.//' ' ~I~ ~- C~tv Manager's S~gnamre ~ :'~e~partment Head s Signature ~ -~. ' RISK MANAGEMENT Department Name City Attom~i~jq Fin~mce / Human Resources Claimaut/McCaffrey01 S:kBULLETINXFORMS~kGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Kurt Bressner City Manager THRU: Wilfred Hawkins Assistant City Manager FROM: Charles J. Magazine Risk Manager DATE: August 5, 2002 SUBJECT: Rachel McCaffrey v. City of Boynton Beach, et al Date of Loss: April 15, 1999 Risk Management recommends the City Commission ratify the: in the above stated manner. X Settlement _ Judgement RESERVES: Indemnity: $ 50,000 Expenses: $ 90,000 Demand: Original: $100,000 Final: $ 25,000 Offer: Original: $ 4,000 Final: $ 20,000 X SETTLEMENT: $ 20,000 NOTE: This settlement is the compromise ora 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: $ 1,120 IF NOT SETTLED Projected Legal Fees: $ 15,000 Current Legal Fees: Projected Jury Verdict: $ 70,150 $ 25-75,000 JUDGEMENT: $ Current Adjustment Fees: $ Current Legal Fees: $ CASE NARRATIVE: City police vehicle was responding to a call as backup officer. As he approached the intersection of Gateway Blvd. at 1-95, officer went through the intersection without stopping. Plaintiff was making a left hand mm from the on-ramp ofi-95 when the front end of the police vehicle struck plaintiff's vehicle at the driver's side door, spun around and struck plaintiff's vehicle a second time in the left rear. Plaintiff suffered injuries arm, neck and a fractured left clavicle. Plaintiff has incurred medical expenses of approximately $15,000.00 to date. Plaintiff's original demand at mediation was $100,000. Settlement was agreed to contingent upon City Commission approval. Cjm/Claimaut/McCa ffrey32 .doc ROBERTS & REYNOLDS, P.A. ~EST PALM BEAC1~, FLORIDA 33409 TELEPHONE (561) 688-6560 FACSIMILE (561) 688-2343 August 2, 2002 IConfidential matter exempt from disclosure or inspectionperFS I]9.0Z 768.28 & 768.301. Mr. Chuck Magazine City of Boynton Beach Risk Management Dopm'Rnen~ P.O. Box 310 Boynton Beach, FL 33425-03 I0 · Re: MeC~ v. City of Boynton Beach D/Accident: 4/15/99 Our File No.: 100-161 Dear Mr. Magazine: This letter serves to confimathat the above-referenced case has settled for $20,000.00. This also confirms that this settlement is contingent upon the City Counsel's approval pursuant to Florida Statute and that you will be bringing this matter before the City Counsel for approval at the next session. Upon approval of the Counsel's approval, please forward your settlement check in said mount to the undersigned made payable to Rachel McCat~ey and Littky, Smith & Phipps, her attorneys. Their Tax Identification Number is: 59-0796752. We are forwarding the General Release, Stipulation and Order of Dismissal, Statement Pursuant to Florida Statute 768, and W-9 Form onto PlaintifFs counsel for exeeutior~ We will continue to keep you advised accordingly. Very truly yours, BLB/lck BENJAMIN L. BEDARD For the Firm Ma~lazine, Chuck From: Sent: To: Subject: Hawkins, Wilfred Monday, August 05, 2002 10:29 AM Magazine, Chuck Re: McCaffrey v. City I concur with the proposed settlement. Wilfred Sent from my BlackBerry Wireless Handheld (www. B!ackBerry.net) XI'1rl'-UNFZN1'SHED Bus*rNESS ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6. 2002 [] August 20. 2002 [] September 3, 2002 [] September 17, 2002 NATURE OF AGENDA ITEM Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to Ciw Clerk's Office Meetin~ Dates in to City Clerk's Office July 17, 2002 (5:00 p.m.) [] October 1, 2002 September 16. 2002 (Noon) August 5, 2002 (Noon) [] October 15.2002 September 30, 2002 (Noon) August 19, 2002 (Noon) [] November 6, 2002 October 14. 2002 (Noon) September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5. 2002 (Noon) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal -'?- [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATIONS' Authorize staff to proceed to with the demolition of the Old Mangrove Park High School (125 E. Ocean Ave.) at a cost not to exceed $250,000. EXPLANATION: On May 15, 2001, staff recommended to the City Commission the demolition of the Old Mangrove Park High School. At that time staff estimated that it would cost between three and five million dollars to rehabilitate the structure. However, representatives of the Boynton Historical Society disputed this estimate and requested the preservation of the building. In response to these concerns, the Commission voted to delay action on the request to allow the group an opportunity to independently examine the building to determine the actual cost of renovation, as well as to raise funds for said renovation. On October 16, 2001, following an examination of the structure, the Boynton Historical Society presented an architect's proposal to turn the building into a "Cultural Center." The estimated cost of this proposal was $4.7 million. Staff carefully reviewed this proposal and found no reason to alter its opinion relative to the demolition of the building. Nevertheless, the Commission gave the historical society six months to come up with concrete proposals for raising the necessary funds and to provide a monthly report on its progress. Although the initial six-month period expired in April 2002 and has been subsequently extended, the Historical Society has only provided intermittent progress reports, none of which indicate concrete plans for funding the renovation of the building. PROGRAM IMPACT: Demolition of the Old High School will remove a functionally obsolete eyesore that has been declared unsafe by the City's Fire Marshall. It will also enable the 1913 Schoolhouse Children's Museum, a nationally recognized historic structure, to become visible from Seacrest Avenue and serve as an essential first step toward the implementation of the proposed Town Square Project. S:\BULLETIN\FORMSL~.GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: The estimated $250,000 demolition cost is available in the current budget ALTERNATIVES: Several alternatives to demolition have been considered. These include discussions with rePresentatives of a mainland Chir group regarding poSsible purChase of the school for School. The building · Exhibit A ). as a possible site for ' ..... Nanc~"By{n;,-Ass~t D-ev~lopment Director Development Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS'xAGENDA ITEM REQUEST FORM.DOC · PalmBeachPost. com:Officials seek ideas to shelter homeless Page 1 of 3 Exhibit "A" ~ PalmBeachPost.com Home I The page cannot be displayed Autos Classifieds Jobs Trave_[Deals Subsc. rjbe Past7 Days Archixes ContactUs Win Movie Tickets See a sneak preview Ilof The Country Bears Garage Sales 2002 Tour de France Read obituaries, maps to funeral homes Marketplace · E-Catalog · Dining Guide rou,xv's e,xeE[t Main News Local News Business Sports Opinion/Letters Accent Obituaries Movie Listings Classifieds · Personals · Autos · Homes · Jobs Photo of the Day Don Wright Cartoon Quick Headlines ~A EEKI.'t A&E Entertainment Food & Dining Gal Friday Good Life Neighborhood Post Notables TGIF Travel Real Estate Wknd Thursday, July 11 Acc~ent I Busin~_s~ I Loca! News Main News ! _O..pjn~ion I S~0orts Place a Classified Officials seek ideas to shelter homeless By Noah Bierman, Palm Beach Post Staff Writer Thursday, July 11, 2002 FORT LAUDERDALE -- A huge, smelly and embarrassing tent city in the middle of downtown persuaded Broward County business leaders and politicians to build a better kind of homeless shelter three years ago. Wednesday, a group of Palm Beach County leaders wanted to learn how they could build a center without going through the tent-city experience. A half-day bus trip, led by County Commissioner Addie Greene and West Palm Beach City Commissioner A1 Zucaro, was a key step toward creating some kind of facility for the thousands of homeless people in Palm Beach County. The county has no emergency shelters for the homeless, estimated at between 3,000 and 6,000 people. Advocates and several political leaders have said the need for such a shelter has reached a near-crisis level. The 13 Palm Beach County residents and leaders visited two buildings mn. by separate nonprofit organizations, a 90-bed center in Hollywood and a 200-bed center in Fort Lauderdale. Though they differ from each other in certain respects, both shelters concentrate on taking in people who have lived on the street and preparing them for either a structured group home or independent · Locator Directory living. Beyond giving people a place to stay, the centers offer on-site job training, health care, social work, day care for children and other services that prepare people for long-term stability. Search Archives Subscribe Advertise Announcements Unlike traditional shelters, the assistance centers have rules and security that prevent people from hanging around outside. Instead, the Looking fi Check Deale~ Our · H~t_S_u_ m · AirfaresJ · Top Palrr · Lottery iX Special · PBC Med_ · Hurrican · ~_iscover · p_a!_m_ Be_; Dining Gui · South · NortP, · Treasure o o o o filc://C:XS)ocuments ¼20and ¼20Settings\greencqX~Dcsktop\Office ¼20Documents\Media ¼20... 8/2/2002 PalmBeachPost.com:Officials seek ideas to shelter homeless Page 2 of 3 ~ Internships Purchase a Photo Conduct Research Plan your Vacation Events Calendar Contests Page Reproductions Order Shady Palms Enter Keyword: homeless are brought to the center by police or outreach workers. The buildings are neatly painted in mild solid beiges and yellows, with discreet signs. Although Greene has spearheaded efforts to build a small set of local homeless assistance centers, she had yet to visit one before Wednesday s to . ""It's "I was expecting to see a warehouse," she sam. like standing around looking at a college campus." Officials from the centers made it clear that success depends on three crucial factors: · Emai, tt Business support: Several members of Hollywood's business community showed up to tell the delegation how committed they were to building a shelter, because it was important to reviving the downtown there. The Fort Lauderdale center is littered with plaques honoring large contributions from Wayne Huizenga, for whom the center is named, and other corporate donors. Private contributions, including services, account for about 30 percent of the Fort Lauderdale center's $5 million yearly budget and more than half of the $8.8 million it took to build it. Just one business leader from Palm Beach County attended Wednesday's tour, Downtown Development Authority Director Bill Fountain of West Palm Beach. Zucaro said he invited other key board directors, but now intends to go directly to the boards and try to organize another trip. Government support: Broward County spends $2.2 million a year on the Fort Lauderdale center. Palm Beach County community services director Ed Rich, who wrote a critical March report on assistance centers and called them "warehouses," visited them for the first time Wednesday. Rich said he also was impressed by what he saw but wasn't sure whether Palm Beach County coUld raise the money. Leadership: Hollywood Mayor Mara Giulianti said people told her she'd never be elected again if she supported a shelter; she did and she was. Greene, who favors a small facilities of about 60 beds each, said she realized for the first time Wednesday that one-stop homeless assistance centers need expert professionals, even in the planning stages, because they have so many programs. noah bierman(~pbpost.com ~~e://~:xD~cuments%2~and%2~Settings\greeneqxDeskt~p\~~ce%2~D~cuments~Media%2~... 8/2/2002 PalmBeachPost.com:Officials seek ideas to shelter homeless Page 3 of 3 Back tO Top Copyright © 2002, The Palm Beach Post. All fights reserved. By using PalmBeachPost.com, you accept the terms of our visitor agreement. Pl.¢as~ read it. Contact.p. almBeac_hPo_~st-~9.~ t .5d~er_tise ~,'ith ~he _P~ost_ ~e://C :x~)~cuments%2~and%2~Settings\greeneqxDeskt~p\~ce%2~D~cuments~Media%2~3... 8/2/2002