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Agenda 09-03-02The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA SEPTEMBER 3, 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 Mi//enniurn THE WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUB//C PART[CTPA1/ON AT cI'rY OF BOYNTON BEACH COMMISSION MEETINGS for determines the order of ~posal, or IL~ ~s first · Con~ent Agenda which the Commission does not need to discuss individually and which are voted on as a · Regular Agenda Items= These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the CommisSion indicates approVal of the agenda item. This can be by either a regular voice vote with "Ayes 8~ Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience', Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters not listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda Items= Any citizen may speak on any official agenda item(s) listed on the agenda after a ~oti°n has been made and properly seconded. Please use the green colo~='d card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSING THE COMMISSION: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in-'the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BO YNTON BEA CH in Comm~ss~on~' tubers REGULAR ClT~ ~0 p.m. OPENINGS: Call to Order - Mayor Gerald Broening Invocation - Rev. Martin Zlatic, St. Joseph's Episcopal Church Pledge of Allegiance to the Flag led by Commissioner McCray D. IF YOU WISH TO ADDRESS THE COMM'rs,~ION: · FILL OUT THE APPROPRIATE REQUEST FORM · GIVE ZT TO THE cTrY CLERK (ON THE DAIg') BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MI'NUTES. Agenda Regular City Commission Meeting Boynton Beach, Florida September 3, 2002 II, Em PUBI XNDZVTDI Agenda Approval: .Additions, Deletions, Corrections Adoption :RS W'rLL BE LIMZTED TO 3-MTNUTE PRESENTATIONS IlL Appointment To Be Made OTHER: A. Informational Items by Members of the City Commission ADMINISTRATZVE: Appointments to be made: Board TV Fisher Mayor Broening T Weiland Mayor Broening T Weiland TV Fisher Mayor Broening III Ferguson III Ferguson II McCray Vw Children & Youth Advisory Bd Stu/Reg/Voting Children & Youth Advisory Bd Stu/Reg/Voting Children & Youth Advisory Bd Stu/Reg/NonVoting Bldg. Bd of Adj & Appeals Alt Community Relations Board Alt Education Advisory Board Stu Education Advisory Board Stu Nuisance Abatement Board Alt Senior Advisory Board Alt Senior Advisory Board Alt ANNOUNCEMENTS & PRESENTA'r/ONS: A. Announcements: None Length of Term - Expiration Date 1 yr term to 4/03 i yr term to 4/03 1 yr term to 4/03 1 yr term to 4/03 Tabled (3) 1 yr term to 4/03 i yr term to 4/03 1 yr term to 4/03 1 yr term to 4/03 1 yr term to 4/03 1 yr term to 4/03 Tabled (3) Agenda Regular City Commission Meeting Boynton Beach, Florida September 3, 2002 B. Presentations: 1. Proclamations: "National Alcohol and Drug Addiction Recovery Month" September 2002 b. "A Day of Remembrance - September 11, 2002" Vi'. PUBLI'C HEARING: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMI"rs A. Pro~ect: Agent: Owner: Location: Description: The Harbors (LUAR 02-005) (TABLED TO CRA I~IEE7:TIVG OF SEPTEHBER 2002) Jennifer Morton, Lend Design South Schgei, Thc. 2300 North Federal Highway Request to amend the Comprehensive Plan Future Land' Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR); and Proposed Use: Request to rezone from (C-3) Community Commercial to (IPUD) Infill Planned Unit Development Development of 54 fee-simPle to~vnhouses v'rz. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference of August 19, 2002 2. Regular City Commission Meeting of August 20, 2001 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2001-2002 Adopted Budget Award the bid for "THE CONSTRUCTION OF INTRACOASTAL PARK," Bid #048-2413-02/C.1D, to MCTEAGUE CONSTRUCTION COMPANY, INC. of Stuart, Florida, in the amount of $1,943,440 (Proposed Resolution No, R02-136) ('TABLED ON AUGUST 20~ 2002) Agenda Regular City Commission Meeting Boynton Beach, Florida September 3, 2002 C. Resolutions: Proposed Resolution No. R02-150 Re: Executing Change Orders No. 3 and No. 4, in the amounts of $10i049.49 and Boynton Estates Infrastructure Inc. (MEC) for No. R02-151 Re: Approving an Outside of the City:Limits and Covenant for by Sea Horse Bath & Tennis Club, eVard in Unincorporated Palm Beach .= Proposed Resolution No. R02-152 permit fees at the Tennis Cel trust account into which for capital improvement Task Order No. 15 (30% design), Technical Infrastructure Im Re: Increasing for fiscal year 2002/03, and creating a revenue can be diverted and used- the facility Re: Executing 421 with CH2M Hill for Phase I Neighborhood 7/8/9 Area Utility Proposed contract with Hope Health an, physical and fir Re: Approving Ilness, Inc. as the new provider of pre- and required annual physicals for Woolbright Plaza (ZNCV 02-009), SW Corner of Woolbright Road and Congres.~ ~lief from the City of Boynton Beach La! pro[ residential district 2. (~uantum Park and Villa, Site ! Zoning, Section 4.L to allow a north~approximately 277 feet of the western reqa~red six foot high masonry buffer wall and/or industrial district abuts a feet of retail/office use Quantum Park DR]: (SBMP 02-001) (P]:D Master West of High Ridge Road (Lots 62-67B Site Plan Approval for 132,032 square partments on 25.9 acres in the 4 Agenda Regular City Commission Meeting Boynton Beach, Florida_ September 3, 2002 Villas at (~uantum Lake, Quantum Lakes Drive (Lot 101) - Request for a waiver for a technical site plan in a mixed use pod within a Planned :Industrial Development (PID) to allow a drive aisle width of 24 feet in lieu of the required minimum of 27 feet for the back-up dimension for 90 degree parking spaces E. Ratification of CRA Action: None CT['Y MANAGER'S REPORT: 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 FUTURE AGENDA TI'EMS: A. Public Hearing to adopt Annual Fire Assessment Resolution (September 12, 2002) Implementation Proposal Phase II Heart of Boynton - Master Plan (September 17, 2002) C. Library Long Range Plan 2003-2005 (September 17, 2002) D. Resolution Adopting a Final Millage Rate (September 17, 2002) Final Budget Public Hearing and Proposed Ordinance Adopting a Final Budget (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) Review of Professional Services Contract between City of Boynton Beach and Smith, Ballard & Logan, P.A. (October 1,~_002) FRA Whistle Ban - Report (.lanuary 2003) - Delayed due to Federal Railway Administration Delay in Rulemaking 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 (TBA) Proposed Resolution No. R02-0:~6 regarding authorizing the use of eminent domain to acquire the public right-of-way necessary to develop the Boynton 5 Agenda Regular City Commission Heeting Boynton Beach, Florida September 3, 2002 X~ XII. ,Beach Boulevard Promenade and Riverwalk - Tabled c~ 01/15/02 (Status Report on September 17, 2002) DEVELOPMENT PLANS: None NEW BUSZNESS: A. Approve by motion proposed Community Investment Funds LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 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 Chapte_r 16, Section 16-61 of the Code of Ordinances to clarify regulations regarding boat launching and trailer parking user fee at Boat Club Park B. Ordinances - 1~t Reading 1. Intentionally left blank 2. Intentionally left blank Proposed Ordinance No. 02-050 Re: Rezoning a 10.37- acre parcel from PUD (Planned Unit Development) district to PU (Public Usage) (Bethesda Hospital) Proposed Ordinance No. 02-051 Re: Rezoning the 6.93- acre Marina property from Central Business District (CBD) to Nixed Use- High Intensity (MU-H) to allow for the planned Mixed-Use Marina Project C. Resolutions: None D. Other: Approve or modify the Code Compliance Board's "Lien Modification Order" of July 25, 2002 regarding 518 NW 2nd Street Agenda Regular City Commission Meeting Boynton Beach, Florida September 3, 2002 XIII. Request for closed door session regarding Boynton Beach Apartments Associates, Ltd. vs. City of Boynton Beach, Case No. CA 02-6174 AD UNFINISHED BUSINESS: None AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATI'ER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM~ RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.. (F.S. 286.0105) THE ~ SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHER~ NECESSARY TO AFFORD AN [NDMDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE Cos'rELLO, (56:!.) 742-60:[3 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR RE(;~UF.~T. bg FINAL AGENDA 8/30/2002 10:52AH S:\CC\WF~CCAGENDA~GENDAS\YEAR 2002\090302 FINAL AGENDA. DOC 7 Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 CITY OF BOYNTON BEACH AGENDA ITEM QUEST FORM 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 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: Review Recommended Adjustments for Proposed Operating Budget and Millage Rate. Adopt appropriate series of resolutions and Ordinance related to the preferred tax rate. Also review minor changes in Capital Improvement Budget (CIP). EXPLANATION: As a follow-up to the City Commission's review of the proposed Budget, Five-Year Plan and Millage Rate, the staff has reviewed budget expenditures with a view toward seeing if the Millage Rate for the City could be reduced to a rate below the current base rate of 8.2110% (General Millage 7.8160% plus Debt Service .3950%). There are two resolutions and one ordinanc each reflecting two levels of Millage as follows: General Millage 7.8160% (Proposed) 7.600% (Revised w/Cuts) Debt Service .3950% (Proposed) .3950% (Proposed) Total Millage Rate 8.2110% (Proposed) 7.995% (Revised w/Cuts) PROGRAM IMPACT: The budget adjustments will not affect City programs and services (cuts) and allow proper funding of pension obligations (additions). The report attached details the adjustments. The yellow column (shaded on B&W copies) shows the budget with a reduced millage rate to 7.995% in the General Fund (general millage of 7.600%) FISCAL IMPACT: Keeping the millage rate at 8.211% results in the City using $3.2 M of the fund balance while reducing the millage rate to 7.995% results in the City using $3.8 M of the fund balance. The original budget proposed called or use of $3.9 M of the fund balance. Therefore, there has been an improvement based on the impact of budget Provided above based on desired Millage Rate. reductions. ALTERNATIVES: Department Head's Signature ~fl- ~~ Signature Department Name City Attomey/ Finance / Human Resources S:x,BULLETiNZFORMSkAGENDA ITEM REQUEST FORM.DOC (7.6000 Base Rate) RESOLUTION R02- A RESOLUTION OF ~ CITY COMMISSION OF THE ' ' CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A PROPOSED 7..6000 FOR THE THE FISCAL EXCEED THE WHEREAS, a tentative budget ,has been prepared estimating expenses and revenues of the City of Boynton Beach, Florida, for the ensuing year, with detailed information, including revenues to be derived from sources other than ad valorem levy, and the administrative staff of the City has made recommendations as ~ the amount necessary to be appropriated for the ensuing year;:~ and WHEREAS, the City Commission has met and considered the recommendationS, the suggested tentative- budget, and the proposed millage necessary to be levied to carry on the government of the City for the ensuing year; WHEREAS, the City of Boynton Beach, Florida, has followed the procedures as outlined in Florida Statutes Section 200.065; and WHEREAS, Florida Statutes Section 200.065(5) provides for a ministerial adjustment of the aggregate millage rate -after ;:\CA~ESO\Budget~2~3 BudgetLPro~sed millage- S~2~2.d~ recezpt of the flnal~"tax~~ i~r~.:~ ~ NOW, T~EREFORE, BE IT RESOLVED BY T~E CITY COMMISSION OF T~E CITY OF BOY1FfON BEACh, FLORIDA T~AT: Section 1. The proposed Miliage Rate for the 2002- 2003 Fiscal Year shall be 7.6000 (for the General Fund), plus 0.3950 for Voted Debt Service for a total Proposed TentatZve Millage Levy of 7.9950 for the 2002-2003 Fiscal Year. Section 2. A copy of the tentative budget shall be published in one issue of a newspaper published in Palm Beach County, Florida, and at the same time the public will be notified of a public hearing to be held on the 17th day of September, 2002, at 6:00 P.M. for the purpose of hearing objections or criticisms of the tentative budget and millage. This meeting is for the purpose of setting a final ~ax levy and final budget. Section 3. The proposed millage rate is 0.94% above he computed rolled back rate. Section 4. If any clause, section, or other part of this Resolution shall be held by any Court of competent ]urisdiction to be unconstitutional or unconstitutional or invalid part shall be invalid, such considered as eliminated and shall in no way affect the validity of the other provisions of this Resolution. Section 5. This Resolution shall become effective immediately upon passage. ;:\CALRESO~Budgetk2002-03 BudgetXProposed millage- Sept 2002.doc PASSED AND ADOPTED this day of September, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor ViCe Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) :\CAXaV, ESOq3udget~2002-03 Budget~Proposed millage- Sept 2002.doc (7.600 base rate) ~SOLUTION R02- A RESOLUTION OF THE CITY coMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A TENTATIVE BUDGET FOR THE FISCAL Y~AR BEGINNING OCTOBER 1, 2002, AND ENDING SEPTEMBER 30, 2003; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, a tentative budget has been prepared by the City Manager estimating expenditures and revenues of the City for the ensuing year, with detailed information, including revenues to be derived from-sources other than ad valorem levy, and he has made recommendations as to the amount necessary to be appropriated for the ensuing year; and WHEREAS, the City Commission has met and considered the recommendations, the suggested budget, and the proposed millage necessary to be levied to em3r on the government of the city for the ensuing year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. Section 1. That the final budget of the City of Boynton Beach, Florida, for the fiscal year beginning October 1, 2002, and ending' September 30, 2003, is hereby adopted and the appropriations set out therein are hereby made to maintain and carry on the government of the City of Boynton Beach, Florida. There is hereby appropriated the sum of $48,813,915.00($44,928,956.00 in new revenue plus $3,884,959.00 allocated from reserve fund balance) to the General Fund for the payment of operating expenses and necessary capital outlays for the City Government pursuant to the terms of the above budget. Section 2. That there is hereby appropriated the sum of $1,151,923.00.. to the interest and sinking fund for the general debt service for the purpose of paying the interest, principal and reserve due on the general obligation bonds of the City not subject to statutory exemptions and for redeeming such bonds as they mature. Section 3.. That there is hereby appropriated the sum of $24,576,400.00 to the Capital Improvement Fund for the payment of capital outlays pursuant to the terms of the above budget. ~:\CA\RESO\BBdget\2002-03 Budget\7. 6000 - Reso Tent budge~ - Sept 2002 -.doc Section 4. That there is hereby appropriated the sum of $6,289,234.00 to the Solid Waste F.und for the payment of operating expenses and necessary capital outlays. Section 5. That there :is hereby appropriated the sum of $2,348,564.00 to the Golf Course Revenue Fund for operating expenses and necessary capital outlays. Section 6. That there is ] of $525,379.00 to the Golf Course Fund for the purpose Bonds, the sum of $12,752.00 for amortization of its Revenue Bond discounts, for a total of $2,886,695.00 Dollars. Section 7. That there is hereby appropriated the sum of $4,827,273.00 to the Fleet Maintenance Fund for the payment of operating expenses and necessary capital outlays. Section 8. That there is hereby appropriated the sum of $1,512,000.00 to the local Option Gas Tax Fund for the payment of operating expenses and necessary capital outlays. Section 9. That there is hereby appropriated the sum of $20,218,103.00 to the Water and Sewer Utility Fund for operating expenses and necessary capital outlay. Section 10. That there is hereby appropriated the sum of $3,796,505.00 to the Water and Sewer Utility Fund for the purpose of paying debt service due on the Water and Sewer Revenue Bonds, the sum of $3,345,000.00 for renewal and replacement and amortization of its Revenue Bond discounts, for a total of $27,359,608.00. Section 11. That there is hereby appropriated the sum of $236,730.00 to the Warehouse Fund for the payment of operating expenses and necessary capital outlays. Section 12. That there is hereby appropriated the sum of $265,500.00 to Cemetery Fund for the payment of operating expenses and necessary capital outlays. Section 13. That there is hereby appropriated the sum of $4,144,300.00 to the interest and sinking fund for general debt service for the purpose of paying the interest, principal and reserve due on the public service tax bonds of the City not subject to statutory exemptions and for redeeming such bonds as they mature. Section 14. That there is hereby appropriated the sum of $2,236,814.00 to the Self-Insurance Fund for the payment of operating expenses. Section 15. That there is hereby appropriated the sum of $236,400.00 to the Mass :\CA\RESO\Budget\2002-03 Budget\7.6000 - Reso Tent budget - Sept 2002 - .doc Transit Fund for the payment of operating expenses and necessary capital outlays. SectiOn 16. That there is:.~h~eby appropriated the sum of $945,136.00. to the Recreation Program Revenue Fund for the payment of operating expenses and necessary capital outlays. Section 17. That there is hereby appropriat_ed the sum of $725,035.00 to the Community :Improvements Fund for the payment of operating expenses and necessary capital outlays. Section 18.. A copy of the tentative budget summary shall be published in one issue of a newspaper published in Palm Beach County and at the same time the public will be notified of a public hearing to be held on the 17th day of September, 2002, at _6:00 _P.M: for the purpose of hearing objections or criticisms of the final budget and millage. This meeting is for the purpose of setting a final tax levy and final budget. Section 19. All delinquent taxes collected during the ensuing fiscal year as proceeds from levies of operation millages of prior years are hereby specifically appropriated for the use of the General Fund. Section 20. If any clause, section or other part of this Resolution 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 shall in no way affect the validity of the remaining portions of this Resolution. Section 21. All Resolutions or pans of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 22. This Resolution shall become effective immediately upon passage. PASSED AND Al)OPTED this day of September, 2002. CA\RESO\Budget\2002-03 Budget\7.6000 - Reso Tent budget - Sept 2002 -.doc CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor. Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) Commissioner RESO\Budget\2002-03 Budget\7.6000 - Reso Tent budge=- Sept 2002 -.doc (7.600 base rate) ORDINANCE 02- AN, ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A FINAL BIJDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002, AND ENDING SEPTEMBER 30, 2003; DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT OF THE CITY FOR THE ENSUING YEAR; PROVIDING FOR SEVEKABrLITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, a final budget has been prepared by the City Manager estimating expenditures and revenues of the City for the ensuing year, with detailed information, including revenueS to be derived from sources other than ad valorem levy, and she has made recommendations as to the amount necessary to be appropriated for the ensuing year; and WHEREAS, the City Commission has met and considered the recommendations, the suggested budget, and the proposed millage necessary to be levied to carry on the government of the city for the ensuing year, NOW, THEREFORE, BE IT ORDAINED BY THE cITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the final budget of the City of Boynton Beach, Florida, for the fiscal year beginning October 1, 2002, and ending September 30, 2003, is hereby adopted and the appropriations set out therein are hereby made to maintain and carry on the govemment'of the City of Boynton Beach, Florida. There is hereby appropriated the sum of $48,813,915.00 .($44,928,956 in new revenue plus $3,884,959.00 allocated from reserve fund balance) the General Fund for the payment of operating expenses and necessary capital outlays for the City Government pursuant to the terms of the above budget. Section 2. That there is hereby appropriated the sum of 1 1_$..L~.~923.00 to the interest and sinking fund for the general debt service for the purpose of paying the interest, principal and reserve due on the general obligation bonds of the,City not subject to statutory exemptions and for redeeming such bonds as they mature. Section 3: That there is hereby appropriated the sum of $24,576,400.00. t~ the Capital Improyement Fund for the payment of capital outlays pursuant to the terms of the above budget. section 4. That there is hereby appropriated the sum of $6,289,234.00 to the Solid Waste Fund for the payment of operating expens.es and necessary capital outlays. That L of $2,348,564.00 to the Section 6. That there is hereby appropriated the sum to the Golf Course Fund: for the purpose of paying Debt Service due on: the If Course Recreational Bonds, the sum of $12,752.00_ for amortization of its Revenue Bond discounts, for a total of $2,886,695.00 Dollars. Section 7. That there is hereby appropriated the sum of $4,827,273.00 to the Fleet Maintenance Fund for the payment of operating expenses and necessary capital outlays. Section 8. That there is hereby appropriated the sum of $1,512,000.00 to the local Option Gas Tax Fund for the payment of operating expenses and necessary capital outlays. Section 9. That there is hereby appropriated the sum of $20,218,103.00 to the Water and Sewer Utility Fund for operating expenses and necessary capital outlay. Section 10. That there is hereby appropriated the sum of $3,796,505.00 to the Water and Sewer Utility Fund for the purpose of Paying debt service due on the Water and Sewer Revenue Bonds, the sum of $3,345,000.00 for renewal and replacement and amortization of its Revenue Bond discounts, for a total of $27,359,608.00. Section 11. That there is hereby appropriated the sum of $236,730.00 to the Warehouse Fund for the payment of operating expenses and necessary capital outlays. Section 12. That there is hereby appropriated the sum of $265,500.00 to Cemetery Fund for the payment of operating expenses and necessary capital outlays. Section 13. That there is hereby appropriated the sum of $4,144,300.00 to the interest and sinking fund for general debt service for the purpose of paying the interest, principal and reserve due on the public service tax bonds of the City not subject to statutory exemptions and for redeeming such bonds as they mature. Section 14. That there is hereby appropriated the sum of ~ to the Self-Insurance Fund for the payment of operating expenses. Section 15.. That there is hereby appropriated the sum of ~ to the Mass Transit Fund for the payment of operating expenses and necessary capital outlays. Section 16, That there is hereby appropriated the sum of $945,136.00 to the Recreation Program Revenue Fund for the payment of operating expenses and necessary capital outlays. Section 17.. That there is hereby appropriated the sum of $725,035.00 to the Community Improvements Fund for the payment of operating expenses and necessary capital outlays. Section 18.. All delinquent taxes collected during the ensuing fiscal year as proceeds from levies of operation millages of prior years are hereby specifically appropriated for the use of the General Fund. Section 19. If any clause, section or other part of this Resolution 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 shall in no way affect the validity of the remaining portions of this Resolution. Section 20. 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 shall in no way affect the validity of the remaining portions of this Ordinance. Section 21.. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. FIRST READING THIS day of September, 2002. SECOND, FINAL READING AND PASSAGE, this day of September, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) Commissioner THE M~LAG~ (7.8160 Base Rate) RESOLUTION R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A PROPOSED MILLAGE RATE OF 7,8160 FOR THE CITY'S GENERAL OPERATING FUND FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 301 2003; ANNOUNCING THE IF ANY, THE PROPOSED MILLAGE RATE ANNOUCING WI~EREAB, a tentative budget has been prepared estimating expenses and revenues of the City of Boynton Beach, Florida, for the ensuing year, with detailed information, including revenues to be derived from sources other than ad valorem levy, and the administrative staff of the City has made recommendations as to the amount necessary to be appropriated for the ensuing year; and WHEREAS, the City Commission has met and considered the and the budget, recommendations, the suggested tentative proposed millage necessary to be levied government of the City for the ensuing year; to carry on the WHEREAS, the City of Boynton Beach, Florida, has followed the procedures as outlined in Florida Statutes Section 200.065; and WlllEREAS, Florida Statutes Section 200.065(5) provides for a ministerial adjustment of the aggregate millage rate after ;:\CA\RESOXBudgetX2002-03 Budget\Version 2 Proposed millage - Sept 2002.doc receipt of the final tax roll. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION THE CITt~;OF BOYNTON BEACH, FLORIDA :THAT: Section. 1. The Rate for the 2002- ~003 F.iscaI Year shall be 7.8160 (for t!he General Fund), plus 0.3950 for Voted Debt Service for a total Proposed Tentative Millage Levy of 8.2110 for the 2002-2003 .Fiscal Year. Section 2. A copy of the tentative budget shall be published in one issue of a newspaper published in Palm Beach County, Florida, and at the same time the public will be notified of a public hearing to be held on the 17th day of September, 2002, at 6:00 P.M. for the purpose of hearing objections or criticisms of the tentative budget and millage - This meeting is for the p~rpose of setting a final-, tax levy and final budget. Section 3. The proposed millage rate is 3.81% above the computed rolled back rate. Section 4. If any clause, section, or other part of Resolution 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 shall in no way affect the validity of the other provisions of this Resolutlon. Section 5. This Resolution shall become effective immediately upon passage. S:\CA~ESO~ud~2~3 Budge~V~ion 2 Pm~ mil~ge - Sept 2~2.d~ PASSED AND ADOPTED this day of September, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ~ommissioner 'EST: City Clerk (Corporate Seal) 5:\CALRESO\Budge62002-03 Budget\Version 2 Proposed millage - Sept 2002.doc RESOLUTION R02- (7.8160 base rate) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A TENTATIVE OCTOBER 1, 2002, WHEREAS, a tentative budget has been prepared by the City Manager estimating expenditures and revenues of the City for the ensuing year, with detailed information, including revenues to be derived from sources other than ad valorem levy, and he has made recommendations as to the mount necessary to be appropriated for the ensuing year; and WHEREAS, the City Commission has met and considered the recommendations, the suggested budget, and the proposed millage necessary to be levied to carry on the government of the city for the ensuing year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. Section 1. That the final budget of the City of Boynton Beach, Florida, for the fiscal year beginning October 1, 2002, and ending September 30, 2003, is hereby adopted and the appropriations set out therein are hereby made to maintain and carry on the government of the City of Boynton Beach, Florida. There is hereby appropriated the sum of $48,813,915.00 ($44,928,956 in new revenue plus $3,280,201.00 allocated from reserve fund balance) to the General Fund for the payment of operating expenses and necessary capital outlays for the City Government pursuant to the terms of the above budget. Section 2. That there is hereby appropriated the sum of $1,151,923.00 to the interest and sinking fund for the general debt service for the purpose of paying the interest, principal and reserve due on the general obligation bonds of the City not subject to statutory exemptions and for redeeming such bonds as they mature. Section 3. That there is hereby appropriated the sum of $24,576;400.00 to the Capital Improvement Fund for the payment of capital outlays pursuant to the terms of the above budget. :\CA\RESO\Budget\2002-03 Budget\78160- Reso Tent budget - Sept 2002 -.doc Section 4. That there is hereby appropriated the sum of 6 2_$_.~..,g~234.00 to the SolidWaste Fund for the payment 6f oPeratifi~ expenses and necessary capital outlays. Section 5. That there is hereby appropriated the sum of ~ to the Golf Course Revenue Fund for operating expenses and necessary capital outlays. Section 6, That there is hereby appropriated the sum of ~ to the Golf Course Fund for the purpose of paying Debt Service due on the Golf Course Recreational Bonds, the sum of $12,752.00 for amortization of its Revenue Bond discounts, for a total of~95.00 Dollars. Section 7: That there is hereby appropriated the sum of $4 827 273.00 to the Fleet Maintenance Fund for the payment of operating expenses and necessary capital outlays, Section 8. That there is hereby appropriated the sum of ~to the local Option Gas Tax Fund for the payment of operating expenses and necessary capital outlays. Section 9. That there is hereby appropriated the sum of ~03.00 to the Water and Sewer Utility Fund for operating expenses and necessary capital outlay. Section 10.. That there is hereby appropriated the sum of $3,796,505.00, to the Water and Sewer Utility Fund for the purpose of paying debt service due on the Water and Sewer Revenue Bonds, the sum of $3,345,000.00 for renewal and replacement and amortization of its Revenue Bond discounts, for a total of $27,359,608.00. Section 11. That there is hereby appropriated the sum of ~ to the Warehouse Fund for the payment of operating expenses and necessary capital outlays. Section 12: That there is hereby appropriated the sum of $265,500.1~ to Cemetery Fund for the payment of operating expenses and necessary capital outlays. Section 13, That there is hereby appropriated the sum of $4,144,300.0Q to the interest and sinking fund for general debt service for the purpose of paying the interest, principal and reserve due on the public service tax bonds of the City not subject to statutory exemptions and for redeeming such bonds as they mature. Section 14. That there is hereby appropriated the sum of ~ to the Self-Insurance Fund for the payment of operating expenses. _ Section 15. That there is hereby appropriated the sum of $236,400.00 to the Mass \CA\RESO\Budget\2002-03 Budget\78160- Reso Tent budget - Sept 2002 -.floc Transit Fund for the payment of operating expenses and necessary capital outlays. Section 1.6. That there is hereby appropriated the sum of $945,136.00 to the Recreation Program Revenue Fund for the payment of operating expenses and necessary capital outlays. Section 17. That there is hereby appropriated the sum of $725,035.00 to the Community Improvements Fund for the payment of operating expenses and necessary capital outlays. Section 18. A copy of the tentative budget summary shall be published in one issue of a newspaper published in Palm Beach County and at the same time the public will be notified ora public hearing to be heldon the 17th day of September, 2002, at 6:00 P.M. for the purpose of hearing objections or criticisms of the final budget and millage. This meeting is for the purpose of setting a final tax levy and final budget. Section 19. All delinquent taxes collected during the ensuing fiscal year as proceeds from levies of operation millages of prior years are hereby specifically appropriated for the use of the General Fund. Section 20. If any clause, section or other part of this Resolution 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 shall in no way affect the validity of the remaining portions of this Resolution. Section 21. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 22. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of September, 2002. S:\CA\RESO\Budget\2002-03 Budget\78160- Reso Tent budget - Sept 2002 -.doc CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) Commissioner S:\CA\RESO\Budget\2002-03 Budget\78160- Reso Tent budget - Sept 2002 -.doc (7.8160 base rate) ORDINANCE 02- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, BUDGET FOR THE 2002, ~ ENDING AND PROVID/NG EFFECTIVE DATE. FLORIDA, ADOPTING A FINAL BEGINNING OC'I'OBER 1, 30, 2003; DETERMINING TO CARRY ON WltEREAS, a fmal budget has been prepared by the City Manager estimating expenditures and revenues of the City for the ensuing year, with detailed information, including revenues to be derived from sources other than ad valorem levy, and she has made recommendations as to the amount necessary to be appropriated for the ensuing year; and WltEREAS, the City Commission has met and considered the recommendations, the suggested budget, and the proposed millage necessary to be levied to carry on the government of the city for the ensuing year; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. Section 1. That the final budget of the City of Boynton Beach, Florida, for the fiscal year beginning October 1, 2002, and ending September 30, 2003, is hereby adopted and the appropriations set out therein are hereby made to maintain and carry on the government of the City of Boynton Beach, Florida. There is hereby appropriated the sum of $48,813,915.00 ($44,928,956 in new revenue plus $3,280,201.00 allocated from reserve fund balance) to the General Fund for the payment of operating expenses and necessary capital outlays for the City Government pursuant to the terms of the above budget. Section 2. That there is hereby appropriated the sum of $1,151,923.00 to the interest and sinking fund for the general debt service for the purpose of paying the interest, principal and reserve due on the general obligation bonds of the City not subject to statutory exemptions and for redeeming such bonds as they mature. · : '~--~ :'~" of $24,576,400.00 to the SectiOn 3_ That there is hereby appropriated the sum Capital Improvement Fund for the payment of capital outlays pursuant to the terms of the above budget. Section 4. That there is hereby appropriate, d the sum of $6,289,234.00 to the Solid Waste Fund for the payment of operating expenses and necessary capital outlays. SeCtion 5.. That there is hereby appropriated the sum of ~ to the Golf Come Revenue Fund for operating expenses and necessary capital outlays. Section 6... That there is hereby appropriated the sum of ~ to the Golf Course Fund for the purpose of paying Debt Service due on the Golf Course Recreational Bonds, the sum of $12,752.00 for amortization of its Revenue Bond discounts, for a total of $2 886 695.00 Dollars. Section 7. That there is hereby appropriated the sum of ~ to the Fleet Maintenance Fund for the payment of operating expenses and necessary capital outlays. Section 8. That there is hereby appropriated the sum of ~to the local Option Gas Tax Fund for the payment of operating expenses and necessary capital outlays. Section 9. That there is hereby appropriated the sum of ~103.00 to the Water and Sewer Utility Fund for operating expenses and necessary capital outlay. Section 10. That there is hereby appropriated the sum of $3 796 505.00 to the Water and Sewer Utility Fund for the purpose of paying debt service due on the Water and Sewer Revenue Bonds, the sum of $3,345,000.00 for renewal and replacement and amortization of its Revenue Bond discounts, for a total of $27,359,608.00. Section 11. That there is hereby appropriated the sum of ~ to the Warehouse Fund for the payment of operating expenses and necessary capital outlays. Section 12. That there is hereby appropriated the sum of ~ to Cemetery Fund for the payment of operating expenses and necessary capital outlays. Section 13. That there is hereby appropriated the sum of $4,144,300.00 to the interest and sinking fund for general debt service for the purpose of paying the interest, principal and reserve due on the public service tax bonds of the City not subject to statuiory 2 exemptions and for redeeming such bonds as they mature. Section 14. That there is hereby appropriated the sum of $2,236,814.00 to the .... Self-Insurance Fund for the payment of operating expenses. Section 15. That there is hereby appropriated, the sum of $236,400.00 :to the Mass Transit Fund for the payment of operating expenses and necessary capital outlays. Section 16. That there is hereby appropriated: the sum of $945,136.00 to the Recreation Program Revenue Fund for the payment of operating expenses and necessary capital outlays. Section 17. That there is hereby appropriated the sum of $725,035.00 to the Community Improvements Fund for the payment of operating expenses and necessary capital outlays. Section 18. Ail delinquent taxes collected during the ensuing fiscal year as proceeds from levies of operation millages of prior years are hereby specifically appropriated for the use of the General Fund. I Section 19. If any clause, section or other part of this Resolution shall be held by any court of competent jursdicfion to be unconstitutional or invalid, such unconstitutional "--~-. or invalid part shall be considered as eliminated and shall in no way affect the validity of the remaining portions of this Resolution. Section 20. 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 shall in no way affect the validity of the remaining portions of this Ordinance. Section 21. Ail Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. FIRST READING TItlS day of September, 2002. SECOND, FINAL READING AND PASSAGE, this __ day of September, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) 4 Final Budget Adjustments Xls City of Boynton Beach 2002/2003 Budget Ad Revenues Revenues . w/proposed w/proposed ~ncreases with increases and Millage Rate at d~ec~r_ea~?_'ng Millage REVENUES 7.8160% ~:'_~ to 7~6000~ Total Rsvsaues ' p - . $ 49135,752 $~: 49Tt351752 roperty Tax reduction ' P~I. 24 $ {60417581 sales Tax Increase P~I 25 :$: ' 761172 State Revenue sharin~I !ncrease * ~g;25 $ : 2i4~; $ ~6;172 Communication Services Tax ncrease P' 5 , $ 214i769 · , ~1. 2 $ 34 ~392 $ ~1392 Fund BalanceA ro dated* pg. o? $ (647,170) PP P ' ~' : ' '$ (42;412) ,'~vised Revenue lotai $ ~8,813,915 $ ~,'8~3~9t5 ~pe d~tures : ~ditures w/propos increases i es EXPENDITURES decr~-~eS a eS Total Expenditures ~ $ ~48,488,311 ~ $ ~ 4a,488,31 ~ Cit7 Commission Ueetin~ Expense P~I. 30 $ (4,~42) $ ![ (4,~42) City Mana~ler -Business Me'tin,Is P~.: 31 iS (725)I$ : ~(725, 3it7 Mana~ler-CellUlarPhone/Beeper P~I :31 $ : :(50)$ 'r = {50 City Ma~a~ler- Books and Publications . P~I. 31 $ = (101) $, Cit7 Manager- Office Supplies P~.31 $ (100) $ . ~: (100' City Manager-Training ~ ' P~.31 $ : = 1625) $ Cit~ Hall - Other P~oressionai Services (Benchmark n~) P~I, 33 $ 7,500 $ 7.500 City Hall - Office Supplies' ' P~. =33 $ r(~) $ I City Hall - Contin~lenc~/ P~I. 33 $' (20i000) $. : . . (20~000)~ $! 8 Cit7 Hall - Transfer to Grants/Match P~I. 33 '$ 8i~00 rlF ** P~.33 $ : (29i146) $ (29,146) 3ublicAffairs-Printincj&Bindincj P~.36 $ ' : (310)! Sr, ~310) Special Events P~. 40 $ '; .(461.) '$ !*TM(461) Org & Strategic Development - Career Development P~. ~4 ~ ?~(285) $ ' ' (-~_~5) Neighborhood Services - Grant Pro~llarn Pg. 48~$ (~2) $ i .: ~ (~42) City Clerk- Equipment Maintenance P~. 51 $ (li00) $~: ! ~(100) City Clerk - Pdntin~l & Bindin~l P~I. 52 $ (:350) $ i, ~[350) Cit7 Clerk - Codif~ Ordinanc~ P~I. 52 $ (50) $ , ' (50) City Clerk - Le~lal Ads P~. 52 : $ (500) $' ;: City Clerk - Court Costs P~.52 $ 0 $ : ii , Financial Services -Overtime P~I. 56 '$ · (~r~800) $ ~ III (1 Financial Services - Other Professional Services P~I? 56 $ ~ (800) $ i il II ~ Financla~ services - Other Con~ractual Services P~I. 57 : $ ' . ~ (~84t~ $ -~ 'Iii: ~,~.'1~J4~.~ ~rocurement Services- Advertisin~l P~I. 63 : $ : (~00)$ . i',~ ~00). Procurement Services - Office Supplies .P~I: 63 =:$ : (268) $= ; ~ : (_~26_8)~ . IiT-S' - C°mputer Equipment (Ral~llacements) P~I. 70 i$$ (~0i0D0) :$,. , I T.S. - Computer Equipment (Nortel Passport GB) P~. 70 G.I.S - Training pg. 73 $' i (i ~2~0) =S r ~ ~(1 ~) Human Resources-Add'l. HR Analyst P~. 76 $ , (36,000) $ ~ II q~ ~' ~ Human Resources - EmpIo}'ee Anniversary Awards Pg 77 $ ' Hu.,~.. Resources- Other Contractual Services P~I. 77 $ : ={656).$ il ~_~6_) Hur~a~ Resources - Books/Publications/Videos P~. 78 ~$ (500) $ i'l~, i~ ~500) Final Budget Adjustments.xls 6ity of Boynton Beach 2002/2003 Budget Adjustments to p~ Expenditures Expenditures w/prr~posed w/proposed increases increases EXPENDITURES decreases decreases Communications - BUSiness Meetings Pg. 81 $ (50) $ (50) Communications - E ectric Service Pg. 81 $ (1,000) $ (1,000) Communications - EquiPment Maintenance Pg. 81 ~ $ (1,000)I $ (1,000) Communications - Radio Repairs Pg. 82 $ (1,000) $ (1,000)! Com~¥~unications -Electric Service Pg. 82 $ (500) $ (500) Pg. 82 $ (500) $ (500) COmmun cations - Radio Batteries Communications - Books & Publications Pg. 82 $ (500) $: . (500', Communications- Training: ' pg. 83 $ (1 000) $ ' (1,000) City Attorney - Court Reporter Fees Pg. 86 $ (469) $ . (469) Police - Regular Salaries (de ere Student Clerk) Pg. 89 $ (14,532) $ (14,532) Police - FICA (delete Student Clerk): Pg. 90 $ (1,111) $ (1,111) Pg. 90 $ 124 542 $ 124,542 Police Pension Po ce- Cellular Phone/Beeper Pg. 90 $ (1,000) $ (1,000)I pOlice - Equipment Maintenance Pg. 91. $ (5 000) $ ' (5,000', ~olice- Recruitment Pg. 92 $ (5,000) $ (5,000', Police - Office Supplies Pg. 92 $ (1 000) $ (1,000', ' Police - Computer Equipment (Document Imaging Scanner) Pg. 96 $ (9,000) $ (9 000) Police - Communications EqU pment (2 Mobile Radios) Pg. 97 $ (7,360) $ (7,360) Pg 97 $ (4,0001 $ (4,000) Po ce r Automotive Accessor es (1 in-Car Camera) .3ode Comp lance ~ Regu ar Wages (employee retirement) Pg 100 ! $ (3,093) $ (3~093) Pg. 1018 $: 236,948 $ 236,948 :ire Pension Pg- 113 $ (1,000) $ (1,0001 Fire - F re Academy Supplies 0' Fre_CERTTraning(Grantfundingavailable) Pg 1.14 :$ (~0000) $ (t000 0 F re - Grounds mprovements (Station 3 Sign) Pg. 115 $ (5,000) $ (5,00 Fire ~ Transfer to Grants/Match (Match not required) Pg. 11:6 $ (15;000) $. (t'5,000) Development- Community Pr°moti0rilMarketing Pg. 119 ' :(1 190) $ (1,t90) , Bu Iding - Community Promotion/Marketing Pg. 124 (4,859) $ (4 859) OccuPational L censes - Commun ty Promotion/Marketing Pg. 135 $ (2~500) $ (2,500) i (864) Occupat onal Licenses - Training Pg' 136 $ (864~ $ Public Works - Regular Salaries/Wages Pg. 138 $ 4 685 : $ ~ 4,685, PublcWorks-FICA Pg. 138 : $ 355 : 355 Publ C Works - Deferred compensation Pg, 138 $ 3 000 3,000 Engineering - Transfer to Fleet Maintenance (Deleted vchicle) Pg 154 $ (19 956) '$ (19,956', Library _ coALA Pg: 167 $ (5 000) $ (5,000; Pg; 167 $ (129) $ (129). Library - Supplies ; , Recreat on - Regular Sa adOs/Wages (delete Pks Mt Wkr) Pg 173 $ (7 633) '$ (7,63;~) Recreat on - F CA (delete PkS Mt Wkr) Pg 174 $ (584) ; $ (5841 4 $ (8,500) Recreation - E ectr c service . Pg, 17 (8,500) $ Recreation - Other :Contracfuai serVices pg. 175 '. $ (135) $ (:135) Women's Club -Other ContractUal: Services Pg 177 $ (204) $ (2041 women's Cub - Software ' Pg. 177 $ (1,000) !$. · (1,000, Parks Ma ntenanCe - Water & Sewer Service Pg, 181 $ (4 312) i Denta nsurance . (Spread among all departments) . :, 7,781. $ 7,78 . Stop Loss Coverage: (Spread among all departments) 22,755 iS 22;755 ! Gen. Emp oyeeS penslon ; (Spread among all departments) $I 167388 i$ 167;388 Revised Expend,ture' Total r~ 48 813,915 .iS budget Less reduction based expenses Revised 2002/2003 budget **City!s payment to,CRA for Tax Increment Financing is based on City's millage rate. Therefore if City reduces millage rate the Transfer to TIF on Pg. 33 of the budget Will be =reduced. $ 1,054,670 $ 1,054,6 0 $ $ 7,500 $ 1,054,670 $ 1,062,170 Final Budget Adjustments.xls Beach Budget Adjustments to proposed budget - Utilities Fund : Expend tureS ' w/proposed increases : ' U (decreases) EXPENDIT RES Total Expend tures : $ 27,359,608 General Administrat on ~ Contingency Pg. 211 $ ~ (111;804) Dental insurance (sPread among all departments) ' :$ 3;013 StOp LOss coverage (spread amOn~ ali departments)$ ' ( ,503)2 ' Gen. Emp oyees Pension (SPread among a I departments) $ 111 294 Revised Expenditure Total ; $ .i 27,359~608' of Boynton Beach 2 get d budget - Golf Course Fund , xpenditUr w/prOpoSed i increases EXP (decreases) , ENDiTURES Total Expenditures . $ .2,886,695 General Administration -Contingency Pg. 236 $ ' i (~3,478) Dental Insurance i: (spread among:all departments) '$ ,: 563 StoP Loss Coverage i (Spread among a departments) $ 693 Gen. Employees Pension (Spread among all departments) $ 'i . i i ~2,222 Revised Expenditure ~rotal !$i 2~886,695 ynton Beach get Adjustments to proposed budget - Solid Waste Fund Expenditures w)pr0posed increases EXPENDITURES (decieases) Total Expenditures $ 6~289,234 Regular SalanesNVages (delete Vacant. Equip. 0pr. position) Pg. 240 $ i (22,801) FICA (delete Equipment Operator) Pg. 240 $ · (1,745) Ge,. Employees Pension ~: Pg. 240 $ . 23,132 Life Insurance (delete Equipment Operator) Pg. 240 $ (72) Disability Insurance (delete Vacant Equip. Opr. position) Pg. 240 $ . i , (i'321 Health Insurance (delete Vacant Equip. Opr posit on Pg. 241 $ (3,661) Stop LOss Coverage _ i Pg. 241' $ (7,897) Dental Insurance (delete Vacant Equip. 0pr. Position). Pg. 241 $ : i (116) t Den al Insurance , r ~ Pg. 241 $ : i 1,787 Uniforms (delete Vacant Equip Opr. PositiOn) Pg~ 241 $ i ~ (196) Contingency .. ~ :Pg. 211 $ ' 11,701 Revised Expenditure Total '$ . 6,289,234 Final Budget Adjustments.xls City of Boynton Beach 2002/2003 Budget Adjustments to propoSed budget -Mass Transit Fund Expenditures w/proposed increases EXPENDITURES (decreases) Total Expenditures $ 236 400 ' Regular Salaries/Wages (reduce part-time hours) Pg. 244 $ (1;753~, Pg. 244 $ 1 575 Gen. Employees Pension Pg. 244 $ 96 Stop Loss Coverage Pg. 241 $ 82 Dental nsurance Revised Expenditure Total $ 236,400 City of Boynton Beach 2002~2003 Budget Adjustments to proposed budget- Fleet Maint. Fund ; , Expenditures w/proposed increases EXPENDITURES (decreases) Total Expenditures $ 4,827,273 Gen. Employees Pension Pg. 248 $ 6,559 Stop Loss Coverage Pg. 248 $ 310 Dental Insurance Pg. 248 $ 534 Fuel/Oil Pg. 249 . $ (7,403) Revised Expenditure Total $ 4,827,z/;~ City of Boynton Beach 2002/2003 Budget Adjustments to proposed budget - Warehouse Fund Expenditures w/proposed increases EXPENDITU RES (decreases) Total Expenditures $ 236,730 Gen. Employees Pension Pg. 253 ~ $ 2,207 Stop Loss Coverage Pg. 253 $ 119 Dental Insurance Pg. 253 $ 103 Electric Service Pg. 253 $ (1,412) Hardware/Tools Pg. 254 $ (17) Career Development Pg. 254 $ (1,000) Revised Expenditure Total $ 236,730 Final Budget Adjustments.xls City of Boynton Beach 2002/2003 Budget Adjustments to et -:Risk Mgmt. Fund : "¢'"'~' ' Expenditures w/proposed · EXPENDITURES increases (decreases) Total Expenditures ' i ' $ 2,236,814 Gen. Employees PensiOn : " Pg, 258 ' $ .1',565 Stop Loss Coverage ' ' Pg, 258 ~ $ ' 71 Denta nsUrance Pg. 258 $, ' 62 Business Meetings Pg. 258 Cellular Phone/Beeper : : Pg. 259 $ ' ' (100) Vehicle Maintenanc~e' ; . Pg. 260 $ ( , ) Revised Expenditure Total $ 2,236~814 City of Boynton Beach 2002~2003 Budget Adjustments to proposed budget - BBMP Fund Expenditures w/proposed increases EXPENDITURES (decreases) Total Expenditures $ 265,500 Gen. Employees Pension Pg. 264 $ t,307 Stop Loss Coverage. Pg. 264 $ .84 Dental Insurance Pg. 264 $ 402 Building Repairs Pg. 264 $ (1,793) Revised Expenditure Total $ 265,500 City of Boynton Beach 2002/2003 Budget Adjustments to proposed budget - COmm Impr Fund Expenditures w/proposed increases EXPENDITURES (decreases) Total Expenditures $ 725,035 Gen. Employees Pension Pg. 273 $' 2,591 Stop Loss Coverage Pg. 264 $ 119 Dental Insurance Pg. 264 $ 103 Building Repairs Pg. 274 $ (2,813) Revised Expenditure Total ' $ 725,035 Final Budget Adjustments.xls City of Boynton Beach 200212003 Budget Adjustments to proposed budget - Capital Improvement Program Expenditures w/proposed increases ExpEN DITU RES (decreases) Total Expenditures $ 26,569;400 Land for PW Facility moved to FY2003/2004 Pg. 290 $ (1,900,000) ~Art Center - Video Surveillance System Pg. 291 $ (:10,000) Boat Club Improvements Pg. 291 $ 24,500 Civic Center Video Surveillance System Pg. 292 $ (20,000~ Paint Civic Center moved from 2003/2004 to 2002/2003 Pg. 292 $ 7,500 Southeast Neighborhood Park Pg. 294 $ 375,000 Palmetto Greens Park Expansion (Grant Funding denied) Pg. 295 $ (300,000) Traffic Signal - Gateway/l-95 (Paid by County) Pg. 299 $ (30,000) Ocean Ave FEC Cross ng Repair (Paid in 2001/2002). Pg. 301 $ (140,000.) Revised Expenditure Total $ 24,576,400 V.-ANNOUNCEMENTS & PRESENTATIONS Item B.l.a CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR v 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 Requested City Commisston Meeting Dates Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) [] October l, 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) [] Admimstrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Present Proclamation EXPLANATION: September is National Alcohol and Drag Addiction Recovery Month and the Mayor has requested that a Proclamation be issued in recognition of this event PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Not present the Proclamation -~DepartmentOdead s ~:tatur~' City Manager's Signature Public Affairs Department Name City Attorney / Finance / Human Resources S:XBULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC In the past 20 Years medical science has made great stddes in learning about the biology , chronic illness that conditions, such: as diabetes The National Treatment Plan Initiative to reprove Substance Abuse Treatment envisions a society in which people with a historY of alcOhol Or drug problems, peop e n recovery and ihe r families, and People :at risk for'these problems are valu~ and treaied With d gnity t enviSions a society in which ~igh quality treatmerit services are available and recognized as a specialiZed field of expertise. Every day in the United States, people enter treatment for substance abuse and begin the road to recovery, while families seek hope and recovery n support programs and counseling. National Alcohol and Drug Addiction Recovery Month celebrates the individuals who have engaged in successful treatment, families in recovery, and those in the treatment field who dedicate their lives to helping 'people recover from addiction. The U.S. Department of Health and HUman Services, Substance Abuse and Mental Health Services Administration's Center for Substance Abuse Treatment; the Office of National DrUg Control Policy; and the City of Boynton Beach invite all residents to participate in National Alcohol and Drug Addiction RecoverY Month. Now, therefore, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Flor da, hereby proclaim the month of September 2002 to be observed as "National AlCohol and Drug Addiction Recovery Month" And encourage all citizens to promote the benefits of drug and alcohol addiction treatment and recoverY and to support community treatment programs. 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 3rd day of September, Two thousand two. APl'EST: City Clerk (Corporate Seal) Gerald Broening, Mayor City of Boynton Beach S:\CC~WP~CCAGENDA~°roclamations~Recovery Month Proclanmtion - 2002.doc V.-ANNOUNCEMENTS & PRESENTATIONS Item B.[.b September 11, 2002, marks the first anniversary of ~. §-~r'i~{' of unprecedented terrorist attacks against the United States that resulted in a momentous loss of life and property. Four passenger jets were hijacked and two of them were crashed into the World Trade Center's twin towers. A third was used to attack the Headquarters of the U.S. Department of Defense at the Pentagon while the fourth plane fell short of its ntended target due to the hero c efforts of the civilian passengers on board who perished when the airplane crashed instead into the PennsYlvania (~untryside. MOre than 250 airline passengers and thousands more on the ground were k led as a result of these acts. The people who planned and perpetrated these evil deeds hoped to bring Americans to their knees, but instead brought them to their feet. The terrorists hoped to demoralize and intimidate Americans and undermine their way of life. Instead, Americans became more resolute in their commitment to cherished democratic and humanitarian principles that form the moral foundation of this nation. The anniversary of this tragedy is also an anniversary of tdumph, a tdumph of character - courage over cowardice, kindness over cruelty, responsibility over indifference, service over selfishness, hope over fear, and freedom over repression. While we mourn with those who have suffered great and disastrous loss and remember our fellow citizens who lost their lives, we should also celebrate the core ethical values that make this a great nation. Now; therefore, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Flodda, hereby proclaim September 11,2002, to be observed as "A Day of Remembrance" And urge all citizens to demonstrate our respect for the victims of this terrible day through acts of community service that represent the best in human nature and the Amedcan character. In witness whereof, ! have hereunto set my hand and caused the seal of the City of Boynton Beach, Flodcla, to be affixed at Boynton Beach, Florida, this 3rd day of September, Two thousand two. A'FI'EST: Gerald Brcening, Mayor City of Boynton Beach City Clerk (Corporate Seal) S:~:C~Wl~CCAGENDA~to~lamatio~sk%-pt 11 - 2002.doc Requested City Commission Meeting Dates ~- [] August 6, 2002 August 20, 2002 ,J~ September 3, 2002 [] September t 7, 2002 VII.-CONSENT AGENDA ITEM B.1. CITY OF BOYNTON 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, 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 ~oon) 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 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 S:'~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC ACCOUNT#: EXPENDITURE: 105-3257-513-63-05 $1,392,096.00 302-422~-~0-63~ 551,344.00 ~a~ger's Signatdre City Attorney / ~inance / Human R'e'sources RESOLUTION NO. R 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOY'NTON BEACH, FLORIDA, APPROVING THE TO ~ OF STUART, ,4.40 FOR PARK; SAg3 DATE. 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 THE 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 hereof. Section 2. That this Resolution shall become effective immediately upon passage. PASSED_AND ADOPTED THIg ~ '?~ay 0fAugust, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk s:ResokBid Award\Construction lntracoastal Park-McTeague 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 ~ ~ H. David Kelley, Jr., P.E./P.L.S., City Enginee~ Bill DeBeck, Project Manager ~~ Intracoastal Park RECEiVED ,. AUG O1 2OO2 The Engineering Division has received a memorandum from its consultant, WRT, concerning references and performance checks on the Iow 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 S:\EngineeringXDostal\ENGINEERING\Intracoastal Park Bid Award Memo #02-162.doc Memorandum To: Bill DeBeck City. o.f Boynton Beach 100 E. Boynton Beach Blvd. 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: 1 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'$ 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 de, lay 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 o:ffered'the strongest negative references based on poor on-time corn pletion and working relationship. Based on above comments 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. '-L Wallace Roberts & Todd, LLC igi Giralda Avenue, Penthouse Coral Gables, FL 33].34 305.448.0788 www.wrtdesign.com fax 305.443.8431 Z H- ~) l- Z 0 0 ~ . o ¢~ z :::3 LU LU 0,,.. o ~ I-- Z W Z~ -~o~-~ >o° > >' z~Zt) W~-~ ' >' >' >' R ~ ~ ~"~ . z 0 · ~ o~ z '~ .- r... z- ~,.- O.C:~ d z e~ Om ~ z~ ~> rT) c;: C,O W LU W ~n W LU LU , ~0 (-~ ~oc~ OC3W = '---' EE >. . m rn C~ n~ -- ~-,,, w ~0w ~ _ n~_ u. n m 0 u o w Z~ ~-- Zz zn,, Z Z~_~ ~ 00 ~"n ~_c~ w -- O~ z O~~. ~ <-~ 0 > coo ~no IZC~ ~< O0 ~ ~co coco o u~ 00~ O'O ,_ o >. >- >. ~ ,-- ,~- ~ >. >. Z 00Lli'',, ¢:: ~0 ~,- 03 03 L1 w~' 0~., (~ z>- r,.> ~ <~Z z ~_n 0 ~ o c~ ° ~ cuo c5 o. (:5 ~0 ~ _ > > > ~- o ~ ~ z z ~-E~= 0o0 n~ ~ ~'"~ ~i ~ Z o IJ_ ,'-'0 o o c5 ~ 03 (.3 u_ c0~0~ r,.D 09 03 o o o 0 W LLI c> o3 'I- LIJ ' Z 03 ~' ~ O r~ O u.5; N O o o ~. - ~' ~ o O O "r (.> O ,uJw z ; I.- z u> ,-O ~'" : m° <1~" za3 o3 z ,,~ ~0 ~0 ~ ~ § o< Z oo~ Z 0 0 00~ LU LU LLI LU UJ LU ~ I--O Z Z(~~ · OW n,' 0 >~ (,J ~ ~0 o~.= UJ 0 Ow~ w F-'~° o~ ,,~0 LLI~ 0(~ ~ 0~=.. w o~ I- 8~=~ ,,"",,-:,.,, _ o o_~ ~ .~. o Z ~ Z Z rn I,Io3 u_ rn _~o o: o~ oO i--. oo~. ~ zz~, z ~ ~. ,~. 0 WLU (~ nnO LU 0 0 :i:E Z 0 oo~ Z 0 ZZ ZZ Z 0 0 BID TITLE: CONSTRilCTI(}N (}iq' INTRAC(}ASTAI, PARK BID NUMBER: #048-2413-02/CJD PROJECT NUMBER: CPO249 CITY OF BOYNTON BEACH, FLORIDA ~---: CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this 21~qt day of AI~GIIST, 2t)_02, by and between the CITY OF BoyNToN BEACH, a mUnicipal corporation of Florida, hereinafter called the "CITY" or "OWNER':' and MC TEAGIIE CON,~TRII.CTION COMPANY.- INCJ a Florida Corporation (_X__) a Florida General Parmership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) Check One hereinafter called "CONTRACTOR". WITNESSETH A. 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: C(}N~TRIICTI(}N (}F INTRAC(}A,qTAI, PARK B. Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the 22nd day of May_, 22)_02, for the total bid amount orS1:043,440.00. C. On the 20th day of August, 29_02, the City Commission designated contractor as having submitted the bid that was most advantageous to t_he City and authorized the execution of this Agreement. D. The Parties agree that the Project is scheduled to be completed within 270 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 cgvenants contained herein, the parties agree as fo llows: C-1 1. AGREEMENT 1.1. The Parties agree that: 1.i: 1.: The foregoing recitations contained in paragraphs A-C 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. The CONTRACTOR does accept thi:s Contract and does agree to famish the neCessary labor, tools,' equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.1.4. 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. 2.2.13. 2.2.14. Advertisement for Bids Instructions for Bidders Bid Proposal Bid Bond General Conditions for Construction (GC) - all references to "GC" shall be to section numbers Construction Contract Certificate of Insurance Public Construction Bond Letters of Credit Technical Specifications Contract Drawings and Plans Addenda Written directives or interpretations Manufacturers warranties c-2 3. OBLIGATIONS oF CONTRACTOR 3.1. Contractor shall: 3.1.1. Furnish all materials, supplies, machines, equipment, tools, :7..: superintendents, 11 and services necess prices as stated 3.1.2. 3.1.3. 3.1.4. Documents. conditions, co.mpl5 Perform: all the work and labor pursuant to this contract and all of the mat~als furnished Shall be in strict conformity with the Contract and consents to the expressly agrees to Furnish all tools, above mentioned in in. cOnformity Project Manager do all the work workmanlike manner, and file in the office of the the Contract Documents. Guarantee all work and materials for a period of one (1) year. Upon receipt of written notification from the CITY, CONTRACTOR shall correct any. defective or faulty work or materials which may appear within one (1) year after completion of the Contract and receipt of final payment. CONTRACTOR shall make the necessary correctiOns within ten (10) days of receipt of the written noticeiComply with the provisions of Section 255.05, Florida Statutes, if applicable. Pay promptlY, before final settlement, any and all claims or liens ~ subcontractors or material suppliers, incurred in and about this work release of liens forms from all subcontractors and suppliers of materials. Release of lien forms to be utilized shall be supplied by CITY. 3.1.6. 3.1.7. 3.1.8. 3.1.9. Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment alleys, parkways and adjacent property that may have been ~used or wo ~ 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 Documems. C-3 3.1.10. Sh~ll 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 co~iditiOn of ail 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 2_7_0 calendar days following the commencement date as specified in same. 5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work following Notice to Proceed or fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, the amount stipulated in Section 6.0 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 The. CONTRACTOR further agrees to damages,, for failure to begin within "Notice to Proceed" from the commencement date The CITY shall due, , liquidated of the "Notice to Proceed". collect 7. PROTECTION OF EXISTING FACILITIES iAND 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 in the General Conditions for Construction (GC-44, GC-45, and GC-46). 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 indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabihties, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and paralegal expenses at both the trial and appellate levels) of:whatsoever kind Or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY herebY agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemnification required pursuant to the Contract shall in no event be. less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. 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 ~indernnification 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 oth-er.-- 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the Contract Documents. 10. CHANGES IN THE WORK 10.1. The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions_.: _. _ of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be processed as set forth in the General Conditions for Construction (GC-57). 10.2. All change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. PROJECT ENGINEER 11.1. The Project Engineer ("Engineer") is 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 11.4. the contra~t 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. fie of the 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. 13.2. 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. 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 foL.._. ~ Construction (GC-18). In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction and finally by the balance of the Contract Document 14. TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a pubhc improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. 15. REMEDY FOR DELAY 15.1. In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agems, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. 15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. C-7 CONTRACTOR hereby acknowledges that he has read and understands the above provision. INTIALS 15.3. Failure on the pan of CONTRACTOR to timely process a request for an 'exf~nsion 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. 15.5. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction (GC 24) 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. in. the ~witnessed Attest: Mayor Approved as to Form: City Clerk City Attorney Signed, sealed and witnessed in the presence off MCTEAGUE CONSTRUCTION COMPANY, INC. President or Vice President Attest as to CONTRACTOR State of Florida County of Palm Beach ) ) SS: ) On this day of ., 20 , personally appeared before me, duly authorized to administer oaths, known to be the persons described hereto or who has produced as id~entification and who executed the foregoing instrument and has acknowledged before me that they have executed same. My Commission Expires: Notary Public c-9 VII.-CONSENT AGENDA ITEM C.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 RECOMMENDATION: Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned 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) [] No:vember 6, 2002 October 14, 2002 (Noon) September3.2002 (8:00a.m.) [] November l9, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report Motion to approve and authorization to execute by Resolution Change Orders No. 3 and No. 4 in the amount of $10,049.49 and $12,055.59 to the Industrial Avenue Corridor / Lake Boynton Estates Infrastructure Improvement Project with Mora Engineering Contractors, Inc. (MEC). EXPLANATION: 1. Change Order No.3: 1.1 During installation of the stormwater piping, catch basins and manholes, at the intersection of SW 6tb Street and NW 1st Avenue, MEC uncovered a large underground FPL electrical vault and duct bank. The FPL structure had not been identified in previous utility coordination meetings or located in the field by FPL. The late discovery of the vault created a conflict with the proposed stormwater improvements and the proposed re-routing of a 16" watermain. Based upon several site meetings with FPL and the Design Engineer it was determined that since the vault was active and could not be relocated the stormwater system would require a re-design to re-route accordingly. The consequential costs includes one day of downtime for the MEC crew, engineering costs to re-design, re-stocking charges for the uninstalled watermain components, construction costs for the additional stormwater pipe, and road reconstruction. Time extension of 2 days, to run concurrent with the Time Extension granted for the additional water main replacement, allowed for this change order. The total cost is $10,049.49. S:\BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH 3 GENDA ITEM REQUEST FORM 2. Change Order No.;4:~. 2.1 Several changed conditions are combined into Change Order No. 4 including: modification of drainage structures along Industrial Avenue due to sewer line conflicts (Change Request No. 009); unforeseen condition of a BellSouth service line conflict at SW 6m and NWIst Avenues (Change ReqUest No. 010); additional cost impact to the FPL electrical vault at SW 6th to support the duct bank, lower proposed drainage pipe,backfill, and install additional structures and pipe between structures (Change Request 011). Time extension of 2 days, to run concurrent with the Time Extension granted for the additional water main replacement, allowed for this change order. Total cost of Change Order No. 4 is $12,055.59. PROGRAM IMPACT: Change Orders No. 3 and No. ~4 were the result of unforeseen field/site conditions that were not anticipated in the Contract Documents. Prompt action on the part of the Project Management Team has limited the impact on the construction schedule and quality of the drainage system. In the case of the underground vault the City has given notice to FPL of its intention to seek reimbursement for costs incurred as a result of this'encounter. -.~ ... FISCAL IMPACT: The total amount for Change Orders 3 and 4 is $22,105.08. Funds are available in account no. 407-5000- 590-96-07 (STM007). Financial status of the MEC Contract / PO is as follows: Original Contract Amount $2,460,704.50 Contingency Total Commission Approved Funding Change Orders To Date Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 Total Change Order Value (Paid from Contingency) Remaining Contingency $ 1,278.11 $ 5,7O0.24 $10,049.49 $12,055.59 $29,083.43 $ 50,000.00 $2,510,704.50 $2:9,083.43 $20,916.57 (Total Commission approved funding limit has NOT been reached for the Original COntract Scope of Work) Additional Water Main and 45 Day Time Extension (Approved by Commission 7/2/02) Total Revised Contract Value $149,618.96 $2,660,323.46 S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM ~QUEST FORM ALTERNATIVES:- This re-routing and relocation of planned drainage and water mains was an unexpected site condition that required immediate technical and construction resolution in order to avoid major claim and delay impacts to the project. Department Head's Signature Department Name City Manager's Signature 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, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE TWO (2) CHANGE ORDERS NO. 3 AND 4 IN THE AMOUNT OF $10,049.49 AND $124055.59 FOR THE WHEREAS, due to unforeseen field/site conditions that were not anticipated in the Contract Documents, staff has recommended that the City Commission approve Change Orders No. 3 and 4 for the Industrial Avenue Corridor/Lake Boynton Estates Infrastructure Improvement Project; and WHEREAS, the City Commission deems it appropriate, and in the best interests_ of _ the citizens and residents of the City of Boynton Beach to authorize execution of Change Orders No. 3 and 4, in the amount of $10,049.49 and $12,055.59, respectively, to the Industrial Avenue Corridor/Lake Boynton Estates Infrastructure Improvement Project with Mora Engineering Contactors, Inc. 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 and are hereby made a specific part of this Resolution upon adoption hereof. Section 2: The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute Change Orders No. 3 and 4, in the amount of $10,049.49 and $12,055.59, respectively, to the Industrial Avenue Corridor/Lake Boynton Estates Infrastructure Improvement Project with Mora Engineenng S:\CA\RESO~,greements\Task - Change Orders\Change Order - 3 & 4 - MOm Engineenng.doc Contactors, Inc. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of September, 2002. ;- _- CITY OF BOYNTON BEACH, FLOR[DA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:\CA~RESO~'eements\Task . Change Orders\Chan~je Order - 3 & 4 - Mom Engineenng.doc City Of Boynton Beach Department of Engineering Construction Services Division Change Order Distribution: Owner · A~Chitect [] Engineer · Contractor · Field· Other [] Project' Industrial Avenue Corridor Stormwater Change Order Number' 003 Improvement Project .. To' Mora Engineering Contractors, Inc. Initiation Date: 03/18/02 9660 West Sample Road, #101 02/04/02 Coral Springs, FL 33065 Contract Date ' Notice to Proceed You are directed to make the following changes in this Contract' See attached Change Order Request No. 005 from Mora Engineering Contractors, Inc. (MEC) with addendum from Michael Spruce of Kimley-Horn and Associates, Inc. (KHA). Funds to be drawn from Owner's Contingency Allowance. Contract changes due to · .: . _ RF! No. 010 was submitted on 03/7/02 by MEC requesting resolution of conflict between a newly discovered FPL vault and the installation of the 16" WM and the 30' storm drain along Southwest 6th Street. KHA responded with directions on 03/13/02. MEC submitted Change Order Request No. 005 on 03/18/02 for additional time and the cost of crew down time, restocking charges and pot holing the vault. KHA added the cost of resolving the conflict caused by the FPL vault. The attached revisions to Change Order Request No. 005 were agreed to verbally by MEC and KHA. item I Description See attached copy of Change Order Request No. 005 from MEC with KHA $10,049.49 adjusted cost addendum. See also RFI No. 010 response. TOTAL $10,049.49 The original Contract Sum was $ 2,510,704.50 Amount Less Contingency Adjusted Contract Sum is INet change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contingency amount will be decreased by this Change Order The new contract Sum including this Change Order The remaining amount of the Cor~tir~gency is $ 50,000.00 $ 2,460,704.50 $ 6,978.35 $ 2,467,682.85 $ 1 O,O49.49 $ 2,477,732.34 $ 32,972.16 IThe Contract Time will be (increased / decreased) by I I Days *** The Date of Substantial Completion as of the date of this Change Order therefore is 11/05/02 *** Concurrent with 45-day extension requested with Change Order Request No. 004 from MEC H:\044349002\Change Directives\Change Order 003.doc Change Order · City Of Boynton Beach Department of Engineering Construction Services Division Not valid until signed by both the Owner and Engineer. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. Engineer Contractor Kimley-Horn &~ Associates, Inc. I Mora Engineering Contractors 4431 Embarcadero Drive 9660 West Sample Road, #101 West Palm Beach, FL 33407 Coral Springs, FL 33065 Owner City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 By: Date: H:\044349002\Change Directives\Change Order O03.doc ~C 87.877 ~GC 040142 -'1. CERT. )BE I MBE mora engineering contractors, inc. INDUSTRIAL ~,VENUE CORRIDOR ! LAKE BOYNTON ESTATES INFRASTRUCTURE IMPROVEMENTS PROJECT No. 44349000 CITY OF BOYNTON BEAcH CHANGE ORDER REQUEST 005 date: submit to: KIMLEY-HORN AND ASSOCIATEES. INC. MICHAEL D. SPRUCE FAX (561) 863-8175 job name: INDUSTRIAL AVENUE CORRIDOR I LAKE BOYNTON EST. initiator CO request: RESPONSE TO RFI No. 010. UNIT BID DESCRIPTION QUANTITY PRICE ITEM AMOUNT NIA UNDERGROUND CREW DOWN TIME 6.00 HR 356.00 2,136.00 62.- RESTOCKING CHARGES 16" BUTTERFLY VALVE 1,298.50 $ 25% 63.- RESTOCKING CHARGES 16" DIP VVM 2,891.57 $ 25% 66.- RESTOCKING CHARGES 16" FITTINGS 4,809.22 EA 25% 324.63 ~ 722.89 -~' 1,202.31 ~ NIA POT HOLD DUCT BANK TO CONFIRM ELEVATION AND SIZE 2.00 HR 89.17 178.34 SUB-TOTAL 1.- MOBILIZATION 2.- M .O.T. 4,564.17 N/A N/A TOTAL 4,564.1 7 9600 W. Sample Rd. Snite 401 · Coral Springs, FL 33065 (954) 752-8065 · Fax (954) 345-9268 977 FL CERT, DBE I MBE mora engineering contractors, inc~ INDUSTRIAL ~VENUE CORRIDOR i LAKE BOYNTON ESTATES INFRASTRUCTURE IMPROVEMENTS PROJECT No. 44349000 CITY OF BOYNTON BEACH CHANGE ORDER REQUEST No. 004 CONTINUATION ADDITIONAL TIME I DAYS If there should be any additional information required, please contact me at your convenience. Sincerely yours, MORA ENGINEERING CONTRACTORS, INC. h.I e President 9600 W. Sample Rd. Suite 401 · Coral Springs, FL 33065 (954) 752-8065 - Fax [954) 345-9268 Kimley-Hom and Associates, Inc. , __;___;~._~_~ : ~ ~ [ [ ~ ~f ~;_; _..X~__~ Kimley-Hom and Associates, Summary of Costs Associated with Redesi,qn around FPL Vault and Duct Mora Engineering Contractors, Inc. DESCRIPTION QUAN'RTY UNIT COST AMOUNT From MEC exist ng utilities of 7.6% MOB 8.4% MOT Subtotal to overcome conflict of the and the existing FPL duct I support Construction Impacts: 3 Hrs $362 3 Hrs $362 $1,086.00 $1,086.00 $165.07 $182.45 $2,519.52 Reroute and lower storm water pipe between B-4 and B-4E Original length of pipe (30" HDPE): B-4 to B-4A (142') @ inverts 9.7' to 9.86' B-4A to B-4E (44') @ inverts 9.7' to 9.6' Total: 186 LF New Pipe (30" HDPE): B-4 to B-4A (127') @ inverts 9.86' to 9.7' B-4A to B-4E (30') @ inverts 5.7' to 5.7' B-4E to B-4H (23') @ inverts 5.7' to 5.6' Total:180 LF Net 6' Less @ $39/LF Additional Structures: B4E (New) Subtotal Estimated Road Restoration'. Additional 8' x 70' of road subgrade and base Stabilized subgrade Subtotal -$234.00 $2,400.00 $2,166.00 62 SY $8.90 $551.80 62 SY $4 $248.00 $799,80 Net Construction Cost Increase Total Construction and Labor Cost $5,485.32 $5,485.32 MEC Change Order 5 -see attached Total $4,564.17 $10,049.49 H:\044349002\CORRESP\MAY 02~nocem cost est.xls Request for Information , ' CONTINUATION SHEET USED? YES o N,,O · CLIENT: City of Boynton Beach CONTRACTOR: : ~M°m ~ PROJECT NAME:' IndUstrial Avenue Pro~e~t LOCATI ,ON: Lake Bo)retort ,Eetat~ ISSUED TO: KIm~l~/~. Horn & ~ RFI NO,: 010 REFERENCED DOCUMENTS: Not:applicable _REQUEST I CI.AmF CATI,ON While doing the I~lafion of the 16' WM conflict we found a FPL vau. it that wes mR lot, areal by the utility oompan¥. The vault lsln the way ofthewater main relOcatlon and the ;so" drainage pipe. SEE A'ri'ACHED SKETCH. please advise. Does the answer to this RFI, impose a cost and/or schedule Impaot? I Yes · No 0 EYes, mentify impac~ CREW DOWN TIME & I~O~SlBLE RE'INSTALLATION OF WATER CONFLICT ORIGINATOR/DATE: I : Marr, h 7, 2002 IRESPONSE DUE DATE: AJI~.P. RESPONSE coNCURRENCE WITH IM'i~ACT!' I L Y" O "O O VERIFICATION OF REM REBOLUTION OR, INATOR ::,AT :! , 18SUED TO;. INFoRI~. TION CBB Project Manager i 9600W. Sample Rd., $u'rte401 · Coral Sprites, Rorida 3306~ (95e,) 752a::)65 FAX (954~ 3459268 Change Order City Of Boynton Beach Department of Engineering Construction Services Division Distribution: Owner · Architect [] Engineer · Contractor · Field · Other [] Project: Industria Avenue COrridor Stormwater Change Order Number: 004 Improvement Project To · 'Mora Engineering Contractors, Inc, Initiation Date: 07/09/02 9660 West Sample Road, #101 02/04/02 Coral Springs, FL 33065 Contract Date: Notice to Proceed You are directed to make the following changes in this Contract' See attached Change Order Request Nos. 009, 010, and 011 from Mora Engineering Contractors, Inc. (MEC) with revisions by Michael Spruce of Kimley-Horn and Associates, Inc. (KHA). Funds to be drawn from Owner's Contingency Allowance. Contract changes due to ' Change Order Request No. 009 was submitted by MEC on July 9, 2002 requesting additional payment and one additional day for modifying drainage structures along Industrial Avenue. Change Order Request No. 010 was submitted by MEC on July 9, 2002 requesting additional payment and one additional day for resolving a conflict with an unmarked BellSouth cable. Change Order Request No. 011 was submitted by MEC on July 16, 2002 requesting additional payment and 4 additional days to resolve a conflict with an FPL duct. Kimley-Horn, the City, and MEC met on July 26, 2002 to discuss the Requests and agreed to the attached modifications. The three Change Order Requests (modified) are being combined into Change Order No. 004. Item Description Amount Change Order Request No. 009 (Revised July 26, 2002) $ 3,260.62 Change Order Request No. 010 (Revised July 26, 2002) $ 1,670.40 Change Order Request No. 011 (Revised July 26, 2002) $ 7,124.57 TOTAL $12,055.59 The original Contract Sum was $ 2,510,704.50 Les~ Contingency $ 50,000.00 Adjusted Contract Sum is $ 2,460,704.50 Net change by previously authorized Change Orders $ 17,027.84 The Contract Sum prior- to this Change Order was $ 2,477,732.34 The Contingency amount will be decreased by this Change Order $ 12,055.59 The new Contract Sum including this Change Order $ 2,489,787.93 The remaining amount of the Contingency is $ 20,916.57 The Contract Time will be (increased'/decreased) by The Date of Substantial Completion as of the date of this Change Order therefore is 2 Days 11/06/02 H:\044349002\Change Directives\Change Order 004a.doc Change Order City Of Boynton Beach Department of Engineering Construction ServiCe~ Division Not valid until signed by both the Owner and Engineer. Signature of the Contractor indicates his agreement herewith, includingany adjustment in the Contract Sum or Contract Time. West Palm By: Beach Boynton Beach Blvd. FL 33425 By: Date: (:~-c~- d ~.. Date: Date: H:\044349002\Change Directives\Change Order 004a.doc No.2641 P. 2 PROJECT No.44349000 CITY OF BOYNTON BEACH CHANGE ORDER REQUEST NO.__nOa KIMLEY-HORN AND ASSOCIA'rES, INC MICHAEL D. SPRUCE FAX (S62) a63-SlTS job name: initiator CO INDUSTRIAL AVENUE CORRIDOR/LAKE BOYNTON ESTATES SEWER CONFLICT ALONG EAST INDUSTRIAL AVENUE For your co(lsiderafion arid approval: FFEM No. DESCRIPTION MATERIALS MODIFY STi~ No. LOWER RUN FROM A-6 TO ~ 132 L-.~OF 36" HDPP SUBTOTAL ITEM 1 EQUIP & LABOR CUT AND FILL OPENINGS STRUCTURE A-20 RAISE RUN FROM A-20 TO A-23 179 LF. OF 36" HDPP · -767.00 SUEFFOTAL ITEM 3 .. AMOUNI: MODIFY STI~ No. A-11 & 'i4/12" HIGHER v// 291.44 720_00 CUT AND F,LL OPEN'NGS FOR EL. CHANGES LOWER RUN FROM A-11 TO A-14 156 LF_ OF SUBTOTAL ITEM 2 -- MODIFY STR. No. 23 / 1Z' SHORTER -74.00 7769] RISE RUN FROM A-23 'TO A-25 122 LF. OF 36" HDPP -392.00 SUBTOTAL ITEM 4. /~ 9c~0 W. Emmple'Rd. Em~'e 101 o Coral 8priwgr,, ItL 3306~ (~4) 7~-s0~ . ~'ax (~4) 34s-~2~ 07/08/02 MON 16:20 [TX/RX NO m°~i""~giaeeriag cOntractors~ inc. CHANGE ORDER submit to: iniciator CO ~ KIMLEY-I. IORN AND ASSOCIATES, INC M~CHAEL D. SPRUCE (562) 8638175 INDUSTRIAL AVENUE CORRIDOR/LAKE BOYNTON ESTATES 8EWER CONFUCT ALONG EAST INDUSTRIAL AVENUE MODIFYST.~_,No 31 i~'SH R ~ RAISE RUN FROM A-31 TO A-33 139 IF. OF 36" HDP, -446.00 SUB-TOTAL MOBILIZATION 7.6 % M.O.T. 8.4% TOTAL Project Manager / 9~o W. Sample Rd. Suite tOt * Coral Spda~ FL 33065 (9S4) ?S2-S~ . Fax (954) 3459268 07/08/02 ~ON 16:20 [TX/R[ NO 7769] B~ 8?-877 '" ~4~142 -:RT. ~E I MBE mora engineering contractors, inc. INDUSTRIAL AVENUE CORRIDOR I LAKE BOYNTON ESTATES INFRASTRUCTURE IMPROVEMENT.~ PROJECT No. 44349000 CITY OF BOYNTON BEACH :CHANGE ORDER REQUEST 010 date: July 9, 2002 submit to: KIMLEY-HORN AND ASSOCIATEES, INC. MICHAEL D. SPRUCE FAX (561) 863-8175 job name: INDUSTRIAL AVENUE CORRIDOR I LAKE BOYNTON EST. initiator CO request: BELL SOUTH SERVICE LINE CONFLICT AT SW 6TH ST. & NW 1ST AVE. For your consideration and approval, the following is the scope of work and cost breakdown due to unforeseen conditions created by a conflict between an existing Bell South cable that was not mark.ed at approximately 15 feet west of structure B4-E. BID DESCRIPTION ITEM ADD'L TIME TO SOLVE CONFLICT WITH BELLSOUTH SERV. LINE BY 6/20/02 UNIT QUANTITY AMOUNT PRICE Z~, OO ~J~l~_ 360.00 2,160.00 SUB-TOTAL MOBILIZATION 7.6% M .O.T. 8.4% .__...-------~,~ ~ if there should be any a your cu[~wn~ence. Sincerely yours, MO ' N INEERING CONTRACTORS, INC. Project Manager / 9660 W. Sample Rd. Suite 101 · Coral Springs, FL 33065 (954) 752-8065 · Fax (954) 345-9268 ME C inc. mora engineering contractors, inc. BC 87-977 CGC 04014~. FL GERT. DBE I MBE date: submit to: INDUSTRIAL AVENUE CORRIDOR / LAKE BOYNTON ESTATES INFRASTRUCTURE IMPROVEMENTS PROJECT No. 44349000 CITY OF BOYNTON BEACH CHANGE ORDER' REQUEST 011 KIMLEY-HORN AND ASSOCIATEES. INC. MICHAEL D. SPRUCE FAX (561) 863-8175 job name: INDUSTRIAL AVENUE CORRIDOR I LAKE BOYNTON EST. initiator C. O. R.: FPL SERVICE LINE CONFLICT AT SW 6TH.AVE- SAT. 111+9n For your consideration and approval the following is the scope of work and cost breakdown for the extra work due to ~n unknown and/or concealed condition found during the installation of the proposed piping connecting structures B-4G, B-4H, B-4E and B-4A at SW 6th. Street between sra. 111 +39 and sra. 112+20. On June 6th. 2002 during the installation of the pipe connecting structures B-4H and B-4A, the excavation to cross under the existing FP&L ductbank caused it to settle, due to' the lack of proper connection of the ductbank to the FP&L vault. We proceeded to support the ductbank and contact you and FP&L for directions on corrective methods for the problem. We were directed to support the ductbank and told that in the following morning a directive to the fix of the problem would be given. Special support beams were brought to support the ductbank over night. This day was a total lost, with equipment and personal on standby and supporting the ductbank. / 8 hr, crew time at $ 360.00 / hr. $ 2,880.00 The following morning June 7th. several alternatives were discussed, and we were directed to lower the proposed drainage pipe to allow it to go under the ductbank and to back fill the area around and under the ductbank with flowable fill. One load (9 cy. ) of flowable fill. $ 741.87 ~ June 8th. additional crew time to install structures B-4E and B-4A+/- 12" lower 2 hr. $ !/!49.99 720. O0 9660 W. Sample Rd~ Suite 10! · Coral Springs, FL 33065 (954) 752-8065 · Fax (954) 345-9268 rMBE mora engineering contractors, inc. date: submit to: INDUSTRIAL A'qlENUE. CORRIDOR / LAKE BOYNTON ESTATES INFRASTRUCTURE IMPROVEMENTS PROJECT No. 44349000 CITY OF BOYNTON BEACH CHANGE ORDER REQUEST 011 ~ page 212 KIMLEY-HORN AND ASSOCIATEES. MICHAEL D. SPRUCF FAX (561) 863-8175 job name: initiator C. O. R.: INDUSTRIAL AVENUE CORRIDOR / LAKE BOYNTON EST. FPL SERVICE LINE CONFLICT AT SW 6TH A~/E. SAT. 111+90 June 8th. additional crew time to install pipe between structures B-4H and B-4E lower +/- 12". I hr. June 8th. and 9th. additional crew time to install pipe between structures B-4A and B-4 lower from +/- 0" to 12". 360.00 -//' 1,44o.oo / SUB-TOTAL ~ ~,!4/.~'-! MOBILIZATION 7.6% ~ 4~,~,, 7~' U .O.T. 8.4% .~_-....~ - - TOTAL CHANGE ORDER REQUEST No. 11 ADDITIONAL TIME ~ 2 The above information has been verified by Mr. Alex Ballum, Mr. Paul Fleming and/or your self. If there should be any additional information required and/or discrepancies, please contact me at your convenience Sincerely yours, MOnA ENG .~IEERING CONTRACTORS, President INC. 9660 W. Sample Rd. Suite 101 · Coral Springs, FL 33065 (954) 752-8065 · Fax (954) 345-9268 Requested City Commission Meetin~ Dates [] August 6, 2002 [] August 20. 2002 [] September 3, 2002 [] September 17. 2002 VIL-CONSENT AGENDA ITEM C. 2. 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 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1. 2002 [] Octob~ 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be-Thmed in to City Clerk's Offi~'e · September 16. 2002 (Noon) September 30.2002 (Noon) October 14. 2002 (Noon) November 5.2002 INoon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans 1~ Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside of the City Limits and Covenant for Annexation, for the property owned by Sea Horse Bath & Tennis Club, Inc. located at 4001 N. Ocean Boulevard, in Unincorporated Palm Beach County. EXPLANATION: The subject property is currently served by City potable water only. The property owner now desires to connect to the City's sewer system. This Agreement is intended to validate the proposed and existing 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 add sewer service without bene~fit of an updated agreement. Department Hea'~s S-~a~-~e "~ ~"~i4 Manager's Stgnamre UTILITIES Department Name City Attorney / Finance / Human Resources Attachments Xc: Peter Mazzella (w/copy of attachments) Mike Rumpf, Planning Director " File " S:~BULLETINXFORMSLa. GENDA H'EM REQUEST FORM.DOC RESOLUTION NO. R02- fi RESOLUTION OF THE CITY COMMISSION OF THE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO CLL~, WHEREAS, the subject property is outside of the City limitS, and is currently served by City potable water only, located at 4001 N. Ocean Boulevard, in unincorporated 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 -: ' · WHEREAS, the property owner now desires to connect to the City's sewer system; and WHEREAS, this Agreement ts intended to validate the proposed and existing service, while also extending future annexation fights 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 wac and correct and are hereby made a specific part of this Resolution upon adoption hereofi 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 I S:\CA\RESO~,greements\Water Service\Sea Home Ba~ & Tennis Water Service Agr.doc C Sea Horse Bath &B Tennis Club, Inc., said Agreement being attached hereto as Exhibit "A" and made a part hereof. Section 2. Upon execution, this Agreement shall be filed in the Public Records of Palm Bea_eh County, Florida. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of September, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk S:\CA\RESO\Agreements\Water Service\Sea Horse Bath & Tennis Water Service Agr. doc I in. = 309.Ci f, eet Location Map- Sea Horse Bath & Tennis Club T~IS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & C~ren, P.A. 3099 Eas= Commercial Blvd. Suite 200 F~. Lauderdale, PL 33308 AGREEMENT ~R WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this IQ day of ~ 20q2 by and between THE SEA HORSE BATH & TENNIs CLUB, INC. ' hereinafter called the "Customer", and the CITY OF BOYNTON BEACH~ a municipal corporation 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 WHEREA~, 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 Customer'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 Municiual 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 35 Equiv~flent 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 zo 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 estimated costs thereof. In the event the City has such work- performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incUrred by the City. 4. A~%y water main extension made pursuant to this Agreemen5 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 exclusively unless otherwise conveyed or abandoned zo the property owner. 6. ~he 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 5o 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 Special 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 purchmsers of any or part of this property of this covenant and of the irrevocable Dpecial 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 a~orney 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 Custcmer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limita~lons or requirements of local, regional, State or Federal agenczes or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, acciden~s~ strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of 3 the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law sui%s and expenses incl.uding reasonable attorneys fees (whether or not- incurred on appeal or in connection With post judgment and cost ut of or resulting from the Customer's pursuant to this Agreement. 12. No additional agreements binding on any of the parties heret Agreement. No modifications or valid upon thepar~ies unless in be bound thereby. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this I0 __ day of ,~ 2002 , x~j~x_. shall be incorporated in this shall be parties to WITNESS: t, (As to owner) (As to owner) CUSTOMER AS OWNER ( S ) President (Print name) William Davis. President INC. Secretary (Print name) (CORPORATE NOTARIZATION) FOR CORPORATE NOTARIZATION: STATE OF FJ=~RTD~ ) ©~, ) : COUNTY OF ~) ss I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared WILLIAM DAVIS, President of · w~ g~A ~ORSE'BATH & TENNIS CLUB~ INC. tO me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: hand and officia~ea% in the County and State WITNESS my / O day of (3 U-~%~ 2002 aforesaid this / . --, (Notary Seal) _ Notary Public' last 4 WITNESS: 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 authodzed in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk respectively, of the 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 th~' ' - 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 Attomey JAC/Ims 900182 12/12/95. rev WATERSRV. 1 THIS INSTRUMENT pREPARED James A. Cherof, Esquire- Suite 200 Ft. Lauderdale. FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF ~__~ OHIO COUNTY OF ~ ~C~ %0~ . I/We, THE SEA HORSE BATH & TENNIS CLUB, INC., a Florida, . hereinafter '. ~ - _ corpo£~t 10~ ,,Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney 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 the subject of this power is described as follows: The powers and authority of my attorney, THE CITY OF BOYNTON B~_~h. CH, FLORIDA, shall commence and be in full force and effect on the~, ~ day of 2002, ~x and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals Witness Sealed and delivered in the presence of Print name William Davis, President SEA HORSE BATH & TENNIS CLUB, INC. Witness Print name Witness day of ~-~¢ ~ ~ 20Q2by William Davis, President of Sea Hor~eBath'S' Tenn'is Club, IncWho are known to me or produced '~,~-%~ ~ ~,~ , as identification did/did not take an oath. STATE OF FL~gRT-BA~ ~D% tO ) ) SS: COUNTY OF ...... ~ ~" THE FOREGOING INSTRUMENT was acknowledged before me this My Commission Expires: POA.IND//--~/~ who have and who NOTARY PUBLIC Type or Print Name co ission oO CBarol MacMillan Stanley oard Certified by Florida Bar In Wills, Trusts and Estates. Real Estate Law O[[ices lX4ac~illan ~g Stanley 29 Northeast Fourth Avenue Delray Beach, Florida 33483 Telephone (561) 276-6363 Facsimile (561) 276-8881 Nell E. MacMillan 1918- 1996 I HEREBY CERTIFY on this 12th day of August, 2002, the following: THE SEA HORSE BATH & TENNIS CLUB, INC., a corporation existing under the laws of Florida, and having its principal place of business at 4001 N. Ocean Boulevard, Gulfstream, Florida 33483, is the owner of record of the following described property: The South 300 feet of the North 2219 feet of Government Lot 2, Section 34, Township 45 South, Range 43 East, Palm Beach County, Florida, lying East of the East right of way line for State Road A-1-A. Carol MacMillan Stanley Sworn to and subscribed before me this 12tht day of August, 2002, by Carol MacMillan Stanley. ~lic - S~.dte of Florida RECEIVED AU6 12 2002 BOYNTON 8EACH UTILITIES VII.-CONSENT AGENDA ITEH C.3 CITY OF BOYNTON BEAC! AGENDA ITEM REQUEST FORM Requested City Commission ...Meeting Dates [] August 6, 2002 [] August20, 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.rrr) Requested City Commission Meehng Dates [] October 1, 2002 [] October I5, 2002 [] November 6, 2002 [] November 19, 2002 [] Administrative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Announcement [] [] City Manager's Report 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) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Approve the raising of permit fees at the Tennis Center for fiscal year (FY) 2002/03, and create a trust account into which the additional revenue can be diverted and used for capital improvement projects at the facility. Permit fees will be raised in the following manner: ' ' - - Single - Resident, $165 to $200 Family - Resident, $250 to $300 Single - Non Res, $300 to $360 Family - Non Res, $410 to $500 Accordingly, this will also require the modification of page 18 o'f the Recreation & Park Department Revenue Policy Manual as per exhibit "A" (attached). EXPLANATION: The CIP plan for the Tennis Center includes $174,100 in maintenance and replacement projects in FY 2003/04, $108,200 in 2004/05 and $112,500 in 2005/06. A substantial portion of this cost is for fencing and light fixture replacement for the tennis courts. Considering the Tennis Center is a revenue producing facility, it has been a long-standing goal to make it a self-supporting facility. The development of the trust account, in conjunction with a plan to transition the tennis center operation to an enterprise fund in fiscal year 2003/04, will provide a funding source for these projects. PROGRAM IMPACT: Phase I of the Tennis Center was completed in 1982. Presently, the facility consists of 17 har- tru (soft courts) and 4 hard courts. On an annual basis, approximately 400450 permits are sold, nearly 75% to non- residents. Although maintenance projects will limit the number of courts available for play, several of the light fixtures and fencing at the Tennis Center need attention very soon. Preliminary plans will include maintenance on two courts annually, thus making them unavailable for use for approximately 12 weeks. Staff will develop a priority list of items that need to be repaired and/or replaced, and use the money from the trust fund to address these issues. FISC,AL IMPACT: If participation levels do not change, the increased permit fees will raise an additional $25,000, approximately, in FY 2002/03. Based on current estimates, replacing fencing and light fixtures on two courts will cost approximately $25,000. ALTERNATIVES: Do not raise penmt fees, and keep maintenance and repair projects for the Tennis Center in the CIP fund. .//~.~laetf~ent Head s'Sig~/fire Recreation Department Name City Manager's Signature City Attorney / Finance / Human Resources SABULLETINLFORMS~AGENDA iTEM REQUEST FORM.DOC RESOLUTION NO. 02- AUTHORIZING AN INCREASE IN PERMIT FEES AT: THE TENNIS IN FISC~ DEP REVENUE; AND P~ ~~; WHEREAS,~the staff has recommended an increase in permit fees for the Tennis Center commencing in fiscal year 2002/03, and creation of a trust account into which the additional revenue can be diverted and used for capital improvements projects at the facility; and WItEREAS, the CIP plan for the Tennis Center includes maintenance and replacement projects in FY 2003/04, 2004/05 and 2005/06, and considering .th. at [he Tennis Center is a revenue producing facility, it has been a long standing goal to make it a~ self-supporting facility; and WItEREAS, the development of a trust account, in conjunction with a plan to transition the tennis center operation to an enterprise fund in fiscal year 2003/04, will provide a funding source for these projects; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. Each Whereas clause set forth above is hereby ratified as being true and correct and incOrporated herein by this reference; Section 2_ The City Commission of the City of Boynton Beach, Florida, authorizing an increase in permit fees at the Tennis Center commencing with fiscal ye21· 2002/03, as shown on the attached Exhibit "A". Section 3: Creating and establishing a trust account into which the additional revenue can be diverted and used for capital improvement projects at the facility. Section 4. Amend the Recreation & Park Department Revenue Policy Manual to_reflect the increased fee. Section 5. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of September, 2002. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk s :ca:Rcso/Agrs,-rennis Centr F~es Exhibit "A" Non-Resident Fee Resident Fee Date Commission Approved Self improvement/Community Classes (ex: language, music computer classes) Interest lessons, $18-$94 $15 - $75 12~00 Tennis Center Membemhics-Permits Adult/Individual Family Junior (17 & under) $30036_ 0 $4-I 50_ 0 $ 55 $~200 $ 25 -T2¢0008/02 ¢8t02 09~93 *Trips/Tours/Travel $ vades (actual cost of trip promotion charge = TRIP FEE) + 15% administrative and *Same fee for all participants since Boynton Beach facilities are not being used. *Programs at Caloosa Park - no fee differontial since Boynton Beach facilities am not being used. *Fees charged for grant-funded programs may fall below the fee ranges listed above. 18 VII.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C,4 AGENDA ITEM QUEST FOR , 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 [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: - - Motion to approve and authorization to execute by Resolution Task Order No. 15 in the ;~mount ~f $209,421 with CH2M Hill for Phase I (30% design), Technical services for the Neighborhood 7/8/9 _Ar ',e~ Utility Infrastructure Improvements. '- ~ EXPLANATION: -- This proposed Task Order authorizes the design work for various utility improvements within the Neighborhood 7/8/9 bounded on the west by 1-95; on the north by Boynton Beach Boulevard; on the east by Florida East Coast Railroad; and on the south by Woolbright Road. This project area is illustrated in Exhibit I of the Task Order. The project will initially consist of preliminary design of utility improvements to include an inventory, analysis and design for the water distribution system, storm water drainage, and existing surficial utilities to include pavement, swales, and sidewalks. In addition, the Task Order includes an analysis of a potential expansion of the City's east well field and evaluation of the area's raw water transmission line. It is the intent of the City to deliver this project in two phases. Phase I consists of data gathering, analysis, and preliminary design followed by Phase II consisting of a "Design/Build" technique which includes detailed design, permitting, and construction. Once the data from Phase I is analyzed by the City, CH2M Hill will prepare a Phase II Task Order which will be brought back to the City Commission for approval. S:LBULLETIN~FORMSLAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM QUEST FORM PROGRAM lMPACT: This Task Order will provide for evaluation of the present water distribution system as well as the existing used as detention ponds. The wellfield analysis will look at replacing low prOductivity wells and wells subject to increasing chloride concentrations. Due to the potential for project impacts on the neighborhood, a community awareness program is also included in this Phase I Task Order. FISCAL IMPACT: Funds are available in account numbers 405-5000-590-96-02 (WRT054) for the water component and 507- 5000-590-96-07 for the stormwater component. ALTERNATIVES: Various approaches to the structuring of this Task Order have been considered including proceeding with only a study/feasibility in lieu of a preliminary design as well as perfOrming the construction under a traditional bid/build technique. The proposed approach brings together all the data necessary to move directly into a "design/build" mode yet retains the option for the City to bid the project. The public involvement will also allow participation of the residents as well as other City staff, in the ir ~vements. determination of the nature and scope of neighborhood surface immpro~vemems. 'sCity Manage Signature ------~-'~Depa-rtment }lead's l~ignature Department Name City Attorney / Finance / Human Resources S:~BULLETINXFORMSXAGENDA 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 TASK ORDER NO. 15, BETWEEN THE CITY OF BOYNTON BEACH AND CH2M HILL IN THE AMOUNT OF $209,421 FOR PHASE I (30% DESIGN), TECHNICAL SERVICES FOR THE NEIGHBORHOOD 7/8/9 AREA UTILITY INFRASTRUCTURE IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this proposed Task Order authorizes the design work for various utility improvements within the Neighborhood 7/8/9 bounded on the west by 1-95; on the north by Boynton Beach Boulevard; on the east by Florida East Coast Railroad; an don the south by Woolbright Road; and WHEREAS, this project will initially consist of preliminary design or utility improvements to include an inventory, analysis and design for the water distribution system, storm water drainage, and existing surficial utilities to include pavement, swales, and sidewalks. In addition, the Task Order includes an analysis of a potential expansion of the City's east well field and evaluation of the area's raw water transmission line; and WHEREAS, 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. 15 in the amount of $209,42 t to CH2M Hill Phase I, Technical services for the Neighborhood 7/7/9 Area Utility Infrastructure Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TI-IE 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 Task Order No. 15 in the mount of $209,421 to CH2M Hill Phase I, Technical services for the Neighborhood 7/7/9 Area Utility Infrastructure Improvements. This Resolution shall become effective immediately upon passage. 'PASSED: ~D ADOPTED this .. day Of September, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor ATTEST: City Clerk (Corporate Seal) Commissioner Commissioner Commissioner caXresoxagreements\Consultant - Task Order CH2M Hill - Task Order 15 Task Order No. 15 Phase ! (30% Design) - TechniCal Services for the Neighborhood 7/8/9 Area Infrastructure Improvements A. Background The City of Boynton Beach (the CITY) has approved a bond issue that includes the reconstruction of waterlines within portions of the CITY. This Task Order (AUTHORIZATION) contains improvements within Neighborhood 7/8/9 which is bounded on the west by 1-95, on the north by East/West Boynton Beach Blvd., on the east by the Florida East Coast Railroad, and on the south by EaSt/West Woolbright Road. This studY area (referred to.as the PROJECT) is illustrated in Exhibit 1. The CITY has requested technical services from CI-I2M HILL (the CONSULTANT) for the preliminary design of various utilities within the PROJECT boundaries. The project will consist of an inventory, analysis, and preliminary design for the water distribution system, storm water drainage utility, and existing surficial Utilities including pavement, swales, and sidewalks. . As part of a future phase of work, the undersized and deficient water mains will be replaced, the existing storm water utility will be enhanced, and the surface facilities will be upgraded to meet current standards. This AUTHORIZATION will be considered Phase ! of the pROJECT and will prOvide the data gathering and assessment activities necessary to support future PROJECT designs. In addition to evaluating the water distribution system, the CONSULTANT will also evaluate the existing: storm water system and where necessary, develop preliminary designs for the improvements. The PROJECT will consist of preparing planning level designs of swales and exfiltration systems to reduce small-storm street flooding experienced within the PROJECT area. The swales and closed drainage system will be constructed (or restored) irt areas where 1.)soil conditions allow for adequate percolation, 2.)will not result in excessive ponding, and 3.)where existing conditions (underground utilities, large trees, etc.) permit construction with minimal conflict. The scope and budget associated with the evaluation, are based on a closed drainage system relying on exfiltration trenches, swales, or surface storage (i.e. no positive outfalls or discharges to surface water). Opportunities for surface water storage will also be evaluated in vacant land within the PROJECT area. The stormwater improvements shall be in general conformance with the recommendations of the 1992 Stormwater Master Plan and the 1999 update to the plan. A plan will be developed to restore and improve roadways within the PROJECT area where significant utility improvements have occurred. Improvements may include restored swales, re-pavement Of the roads, sidewalks that are compliant with current regulations including Americans with Disabilities Act requirements, and some landscape enhancements. DFB\TASK ORDER_NEIGHBORHOOD 7-8-9 7-31-02 2 00PM.DOC At the CITY's request, the PROJECT will also include an analysis of a potential expansion of the CITY's east wellfield within the PROJECT area. If the analysis indicates that expansion of the wellfield and construction of up to three new production a future phase of the PROJECT. The new production wells will replace i . to increasing provide a venue for distributing It is will Phase I of items a this Phase I: Phase I consists of the following tasks: Task 1- Data Gathering includes preparing a justified aerial photograph: control, developing topographic easement del~eati0n. I~n addition, soil types, tO receive stormwater Task 2 - Water System Inventory and Analysis. Under this task, the Consultant will gather data about the existing water mains and develop a prioritized list of lines to be replaced. Proposed pipe replacements and design standards will be presented in the Preliminary Design Memorandum (Task 7) along with recommendations for enhancements to the above ground infrastructure (roads, sidewalks, swales, and landscaping). Task 3 - Stormwater System Inventory and Analysis. This task will include the collection of stormwater related information within the PROJECT area and an assessment of the performance of the existing drainage system within identified problem areas. A preliminary design for system enhancements will then be prepared. Proposed enhancements will be presented in the Preliminary Design Memorandum (Task 7). Task 4 - Neighborhood Improvement Evaluation. Itis anticipated that improvements tothe drainage system may require the acquisition of vacant land to serve as shallow retention / percolation basins. If this DFB',,TASK ORDER_NEIGHBORHOOD 7-8-9 7-31-02 2 00PM.DOC should occur, Task 4 will identify potential land to be incorporated into the drainage system and will define the drainage requirements. Above ground improvements to develop retention areas as "pocket parks" will be prepared by the CITY. This task is currently unfunded through th~s AUTHORIZATION and if required, will be funded by an amendment. · Task 5 - Analysis of Wellfield Expansion Feasibility - Within the PROJECT area, a raw water line exists that could be utilized to expand the CITY's East Well Field. Under Task 5, three activities will be conducted including identifying locations for potential new potable wells, conducting a review of land acquisition procedures, and conducting a : main. An hydraulic model will be used to carrying capacity of the line and its abili~ to meet additional well field contributions. It is assumed that the existing line is structurally competent to provide the additional service. If preliminary analysis Of the line indicates that the line is structurally unsound or incapable of providing additional conveyance, a preliminary design consisting of route, pipe size, and material will be prepared. An order-of-magrdtude~ cost estimate for the wellfield expans/on will also be developed and included as part of the Preliminary Design Memorandum (Task 7). · Task 6 - Public Involvement includes a program to notify the residences- and gather their input and concerns regarding the proposed improvements. The CONSULTANT will attend up tothree (3) public workshop sponsored by the CITY at the inception .and at intermediate points of the PROJECT as directed by the CITY. The purpose of this task is to enhance public involvement at the beginning of the PROJECT and to minimize public concerns prior to the implementation of the PROJECT. · Task 7 - Preliminary Design Memorandum (Memorandum). A Memorandum will be prepared that outlines the design elements, standards, and criteria that will be used in the development of the final designs for the PROJECT. The Memorandum will summarize the data gathered and the proposed improvements developed in Tasks I through 5 of this Task Order and will also include an En ~gfl~eer's estimate.of the probable construction cost. Technical specifications and design standards will be developed using the CITY's documents and included as an attachment to the Memorandum. The Final Memorandum will include the estimated total PROJECT implementatiOn cost and an identification of grants and other funding sources. Phase II: Phase II of the PROJECT will be implemented, upon completion of Phase I, under a separate Task Order. Phase II for this PROJECT will consist of the following tasks: DFB\TASK ORDER_NEIGHBORHOOD 7-8-9 7-31-02 2 00PM.DOC · Design of Water Line Replacements · 'Design of Stormwater System Enhancements · Design of Restorative Features (pavement, sidewalks, sWales, and landscaping) · Permi~g · It i these:improvements using a "Designr e delivery costs and to compress the PROJECT of PhaSe I, it.is decided that a traditional delivery te, Phase II will consist of Design, Permitting, and Bid [] would consist of Construction and associated services. B. Scope of Services for Phase ! Task I - Data Gathering The CONSULTANT will retain the services of a registered Professional Surveyor to prepare.. _ justified aerial photographs of the PROJECT area showing existing rights-of-ways, and utility easements Within the PROJECT area. All above ground water line valves and stormwater inlets will be identified and verified using the aerial images. The elevation and/or inverts of all drainage structures will also be determined. The CONSULTANT wU contract a geotechnical services firm that will conduct a maximum of 15 test borings and percolation tests. The information collected during the geotechnical studies of the are~ will. be used to support the stormwater analysis by estimating ex_filtration trench capacities md will sUpport the construction cost estimating task for the other utility improvements. The CONSULTANT will hold a meeting with the CITY staff at the beginning of this task to rewew purpose, ~ormation need, and scheduling. Following the completion of this task, the CONSULTANT will conduct a second meeting to review the data gathered and identify any additional data gaps. Deliverables: · Coordinate and conduct a kick off meeting to identify data needs and project schedule. Prepare and distribute meeting sttmmary following kick-off meeting. · Prepare justified aerial photograph of project area including identification of water valves, fire hydrants, stormwater inlets, and stormwater control structures. · Approximate locations of existing water lines and stormwater utilities will be transposed onto a single aerial photograph along with surface elevations and inverts of drainage structures. · Coordinate geotechrdcal subconsultant to perform up to 15 soil borings and percolation tests for the evaluation of exfiltration trench performance. DFB\TASK ORDER_NEIGHBORHOOD 7-8-9 7-31-O2 2 00PMDOC Coordinate and conduct a meeting with CITY staff at the conclusion of Task 1 to evaluate remaining data needs. Prepare and distribute meeting summary, following Task-I close out meeting. jr,- Task 2. Water System Inventory and Analysis The CITY Staff will provide atlas sheets and record drawings illustrating the location and sizes of all pipes~ valves, meters, and service connections for the existing water distribution system within the PROJECT area. ~g the Task 1 kick-off meeting, the CONSULTANT will also request other information necessary to complete the preliminary design. It is assumed that no modeling will be conducted to complete the preliminary design and that existing pipes will be replaced with'minimum 6-inch diameter lines. If loops are identified that may not meet minimum design criteria, the CONSULTANT may request additional funding to conduct localized modeling. The CITY has identified approximately 10,000 feet of existing pipe to be replaced within the PROJECT area. This length may be underestimated as approximately 77,000 linear feet of roadway exist within the PROJECT boundaries. As part of this TASK, the CONSULTANT will gather information about all the existing water lines within the PROJECT area. The CONSULTANT will then develop a decision matrix to prioritize the replacement of water lines within the PROJECT boundaries. The CONSULTANT will meet with representatives from the CITY's U~ty Department to present the recommendations for water line ' ~': - - replacement under this program. This evaluation will be based on information provided by the CITY and will include I that are undersized, areas with maintenance problems, areas with low flow velocity, and hydrants with inadequate line pressures or flows. As directed by the CITY, the CONSULTANT will prepare a preliminary design of the proposed replacement water lines that will also include the development of design standards. The preliminary design will include a defined route, pipe size, material type, and appurtenances (connections, fire hydrants, valves) for upgrading the water distribution system. The modified system will improve flow and pressure within the PROJECT area and may provide an improvement in water quality. In addition, waterlines will be relocated within the existing' rights-of-Way wherever possible to facilitate maintenance activities. The CONSULTANT will field proof the aerial photograph in areas to receive new water lines. During the field investigation, the CONSULTANT will verify the locations of fire hydrants, valve boxes, and service connections (if available). This information will be added to the site figure and the individual sheets for the portion of the water line distribution system to be replaced. Preliminary design route will be applied to individual photogrametric maps at a scale of 1-inch equals 20 feet (total of 55 sheets). For the purpose of preparing this AUTHORIZATION, it is assumed that up to 30,000 feet of water line will be replaced. A cost estimate will then be prepared for the water line replacement. Proposed pipe replacements, design standards, and an engineer's cost estimate will be presented in the Preliminary Design Memorandum (Task 7). OFB\TASK ORDER_NEIGHBORHOOD 7-8-9 7-3t-02 2 00PM.DOC Deliverables: · Prepare "Decision Matrix" identifying water lines within PROJECT area and recommended replacement priority. Participate in meeting with CITY staff to identify lines to be replaced. Prepared a~.d distribute meeting summary. · Prepare pre~ary design for up Task3 - Stormwater System Inventory and AnalYsis The purpose of,this task is to analyze the existing dra age..syst.em and to prepare. .... pre~ary design improvements to eliminate street flooding, to reconstruct porn..O~orOr me storm the existing system, The data from the CITY and will meet with CITY staff to ~ Area. Information collected from the aerial be used to assist in dete~g areas contributing oCcurring. Based on .land use, perform the following · Runoff calculations · · Impervious area ratio calculation · Time of concentratio calculation will conduct a pre-application meeting with the South Florida Water (SFWMD) to present the PROJECT and to discuss design options and requirements. Following the meeting with SFWMD, specific design criteria will be including: · Rainfall depth, duration, and frequency data · ~asin characteristics (i.e., areas, slope, length and existing stormwater flow pattern) · Existingl and proposed physical conveyance and storage features · Land use characteristics and impervious areas · iSoil infiltration rates, storage, and hydraulic conductivity The CONSULT~ will then prepare preliminary designs of swales, exfiltration trenches, and re to mitigate flooding within the problem areas. Flood conditions and assessments shall include application of the SFWMD and Palm Beach County criteria. The CONSULTANT will then simulate 1.0-inch, 2.5-inch, 5-year-24 hour, 10-year-24 hour rainfall events using a spread-sheet based model. DFB\TASK ORDER_NEIGHBORHOOD 7-8-9 7-31-02 2 00PM.DOC Anticipated solutions for drainage improvements may include the installation of additional swales within the right-of-way, localized exfiltration trenches, or the incorporation of vacant land into the storm water system as storage features. Several vacant properties exist within the PROJECT area. As part of this task, the Consultant will conduct an inventory of existing vacant properties and evaluate their locations with respect to drainage problem areas. The C~ may chose to incorporate the retention areas as "pocket parks" to enhance neighborhood aesthetics: No field evaluations of vacant land is proposed or included in this AI3~ORIZATION. The CONSULTANT will have a meeting with the CITY staff at the beginning of this task to review purpose, information needs, and scheduling. A second meeting will be held, with the C~: s~aff to review preliminary findings and alternatives and to e~dorse a proposed design concept. Deliverables: The Consultant will: · Coordinate and attend a kick-off meeting with CITY staff to review drainage problem areas and to document maintenance issues. The CONSULTANT will prepare and distribute a meeting summary. · Meet with SFWMD to present the project and to discuss design options and permitting requirements. · Prepare runoff, impervious ratio, and time of concentration calculations. · Prepare proposed preliminary drainage design improvements. Improvements will be documented on the PROJECT aerial maps generated during Task 2 and will include locations of new catch basins, swales, and piping, and the size and locations of retention ponds and exfiltration trenches within the "problem areas" identified by the CITY. It is assumed that up to 5,000 linear feet of roadway will receive stormwater enhancements and that an additional five sheets of details will be prepared to address stormwater specific issues. · Coordinate and attend a meeting with CITY staff to review the proposed drainage improvements. The CONSULTANT will prepare and distribute a meeting summary · Present the preliminary design, design standards, estimated cost of construction, permitting requirements in the Preliminary Design Memorandum (Task 7). Task 4 - Neighborhood Improvement Evaluation It is anticipated that vacant land may be obtained by the City to improve the storage capacity of the stormwater utility. This type of storage feature poses the opportunity for the creation of a "pocket park" that could provide recreational use in addition to serving as a storm water retention area. As part of this task, a mini-master plan will be prepared for the potential improvements that could be incorporated into a stormwater storage area. If this service is requested, the CONSULTANT will request additional funding to develop conceptual plans for the development of storage areas within "pocket parks." The CONSULTANT would provide stormwater preliminary designs while the CITY would DFB\TASK ORDER_NEIGHBORHOOD 7-8-9 7-31-02 2 00PM. DOC 7 deSign above ground improvements. This task is not funded under this AUTHORIZATION. Task 5. Analysis of Wellfield Expansion Feasibility the~ ' mam of T of staff ~ alternatives. [lie results are not included with this task. Public lands ~ be identified and evaluated to determine the feasibility and cost effectiveness of constructing production wells on selected City-owned properties or in perform a land acquisition analysis to · Based on the results of the raw be land acc the CONSULTANT w~ develop permitting requirements, for the wil~ conduct a meeting with the CITY information needs, and s~eduling- to review preliminary findings and · will coordinate and attend a kick-off meeting with CITY staff to well field configuration and raw water main data. This meeting will be Task 2 and will not represent an additional meeting. , for potential new production wells within the PROJECT area. · analysis of the existing raw-water distribution pipe. · evaluate and agree upon potential well locations. · permitting requirements for replacement wells. . . (locatiOnsi piping routes, and sizes), deSign standarcts, · Present Oerrnitting requirements in the Preliminary Design estimate Memorandum (Task 7). A Task 6 - Public Involvement The CONSULTANT will participate in up to three (3) Public Workshop dttring this project to gather concerns from the impacted residents and to disseminate information regarding the proposed improvements. The CITY will schedule, advertise, and provide a meeting location, while the CONSULTANT will prepare graphic materials suitable for public presentation and discussion. The CONSULTANT will provide a meeting summary and compile comments. The CONSULTANT will not provide written responses to each comment. OFB\TASK ORDER_NEIGHBORHOOD 7-8-9 7-31-02 2 00PM.DOC Deliverables: · The CONSULTANT will attend up to three (3) public workshops with the CITY staff to identify problem areas, to review the proposed improvements, and to review the proposed project schedule. The CONSULTANT will prepare digital images suitable for display, and up to 8 foam boards illustrating project improvements. The cONSULTA~ will pre'are and distribute meeting summaries, sign in sheets, and concerns raised by the residents. Task 7 - Preliminary Design Memorandum The CONSULTANT will prepare a Preliminary Design Memorandum (Memorandum), summarizing the design elements, standards, and criteria that will be used in the development of the final design and construction plans for the PROJECT. This memorandum will provide sufficient detail and information to illustrate the locations of the proposed improvements and to confirm that the proposed improvements are feasible to construct according to the recognized standards for the PROJECT and will serve as the basis for permitting of the PROJECT. Proposed utility improvements as well as generic restorative and neighborhood improvements will be located on the aerial photographs developed during Task 1, The results of utility analyses will be presented along with the preliminary designs developed for Tasks 2 through 5. The Memorandum will identify the sequence of work and will establish the work approach so that water service (and fire protection service) is ~terrupted. An Engineer, s estimate of probable construction cost will be included in the Draft memorandum. The Final Memorandum will include the estimated design-build PROJECT implementation cost if the CITY determines that this is the recommended delivery method. It is the CONSULTANT'S goal to establish the foundation for permitting with the various public ~entities under this program. A preliminary meeting will be conducted with the SFWMD, however, a General Environmental Resource Permit (ERP) will neither be applied for nor obtained under this AUTHORIZATION. The Memorandum will, however, outline the permitting requirements, cOSts, and lead agencies. Preparation and submission of all permit documents will be included in the Scope of Work for Phase II. Deliverables: · The CONSULTANT will prepare a Draft Memorandum that will include preliminary designs for water line replacement (Task 2), stormwater system improvements (Task 3), and options for expansion of the CITY's East Well Field (Task 5). The document will include preliminary design layouts, design standards, technical specifications provided by the CITY, permitting requirements, implementation sequence, and estimate of construction cost. The CONSULTANT will provide three (3) copies of the Draft Memorandum to the City. · The CONSULTANT will attend a review meeting where the results of the Memorandum are presented and will gather and incorporate the CITY's comments. · The CONSULTANT will prepare the Final Memorandum that will also include a cost estimate and proposal to implement the improvements using a "design-build" approach. DFB\TASK ORDER_NEIGHBORHOOD 7-8-9 7-31-02 2 00PM.DOC The proposal witl be delivered as a separate attachment. Five copies of the Final CITY on a compact disk in PDF (read only) format. ) be meet water r standards. Up to 30,000 :feet of water distribution system piping will be considered for replacement. The' ; not include a network model. If modeling is determined to be be ~ Field verification of lines to be replaced, a modification to this AUTHORIZATION will water system components will only be conducted in areas proposed for The and budget are based on a dosed drainage system with exfiltration trenches, no positive ouffall). The stormwater improvements shall be in .~ with the recommendations on the 1992 Stormwater Master Plan and ; are limited in nature and will be confined to a small Area. Up to 5,000 linear feet of roadway will receive preliminary The raw-water pipe line located within the PROJECT area will not be evaluated for Lntegrity under this Phase I Scope of Work. It is assumed, since the line is in service, : it is in adequate physical condition to carry additional water and pressure. If the line aate capacity, a preliminary design will be prepared to replace the raw water line. Utility improvements will be evaluated for the entire PROJECT area except for the areas between Woolbright Road and SW/SE 11th Avenue where the water line has previously been replaced. Above ground improvements (sidewalks, landscaping, traffic calming, etc.), will not be considered in the area around the City Hall Complex. needed for the preparation of construction ctrawmgs anct wm De mcmct implementation costs of Phase II. The ~ will coordinate all meetings for Public Involvement. Coordination will include : an appropriate location, advertising, and mediating the agenda. The CITY and CONSULTANT will provide all requested data, attend all meetings, and conduct requested reviews in a timely manner. DFB\TASK ORDER_NEIGHBORHOOD 7-8-9 7-31-02 2 00PM.DOC 10 D. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated October 4, 2000 between the City of Boynton Beach and CH2M HILL. E. Compensation Compensation by the CITY to the CONSULTANT for Phase I will be a lump sum basis in accordance with the above mentioned Agreement. The estimated compensation for the services described in this Task Order is $209,421 as shown in Table 1. TABLE 1 - PHASE I - NEIGHBORHOOD 7/8/9 WATERLINE AND RELATED IMPROV. EMENTS Labor Labor Cost Expense Cost Total Hours Task 1 - Data Gathering 216 $20,592 $37,866 $58,458 Task 2- Water System 554 $44,092 $5,367 $49,459 Inventory and Analysis Task 3- Stormwater System 276 $25,448 $3,901 $29,349 Inventory and Analysis Task 4 - Neighborhood 0 0 $0 $0 Improvement Evaluation , Task 5 - Analysis of Wellfield 108 $10,182 $1,108 $11,290 Expansion Feasibility Task 6 - Public Involvement 106 $9,948 $3,144 $13,092 Task 7 - Preliminary Design 426 $42,984 $4,789. $47,773 Memorandum Phase I Total 1,686 $153,246 $56,175 $209,421 DFB\TASK ORDER_NEIGHBORHOOD 7-8-9 7-31-02 2 00PM.DOC G. Schedule The CONSULTANT will commence services upon receipt of written AUTHORIZATION and will complete all work associated with this Task Order ~ the receipt of AUTHORIZATION. A schedule 2 of this Task Order. APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Mayor Gerald Broening Dated this day of ,2002. SUt3MITTED BY: CH2M HILL, INC. Dated this ~'/-day of /~ ~ ~d/L_ , 2002. DFB\TASK ORDER_NEiGHBORHOOD 7-8-9 7-31-02 2 00PM.DOC MI GATEWAY BLVD Canal L-23 LD Canql.~ BOYNTON Coho N 8EACH L-25 Canal VILLAGE OF GOLF GOLF RD Canal L-28 Conot RD SW 2.3 (Boynton) Cai BOYNTONI BEACH EAM MAN, Boynton Inlet 3CEAN RIDGE PROJECT AREA INY EEZES DELRAY BEACH 07-19-02 162966.GI-'\2966GEF4.DWG Exhibit 1 Phose I-Neighborhood 7/8/9 Study Areo CH2MHILL g GATEWAY BLVD OLD BOYNTON RD (Boynton) Ca~ BOYNTON BEACH L-2 BEACH L-25 Canal -- VILLAGE OF GOLF GOLF RD SW 23 L-2B DELRAY BEACH 07-19-02 162966.GE\2966GEF4,DWG MAN, Boynton Inlet N EAN ,RIDGE -PROJECT AREA INY EZES Phase Exhibit 1 I-Neighborhood 7/8/9 Study Area CH2MHILL VII.-CONSENT AGENDA ITEM C.3 CITY OF BOYNTON'BEACI 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 [] UnfmishedBusiness [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approve the raising of permit fees at the Tennis Center for fiscal year (FY) 2002/03, and create a trust account into which the additional revenue can be diverted and used for capital improvement proj_e.c.ts at the facility. Permit fees will be raised in the following manner: Single - Resident, $165 to $200 Family - Resident, $250 to $300 Single -Non Res, $300 to $360 Family -Non Res, $410 to $500 Accordingly, this will also require the modification of page 18 of the Recreation & Park Department Revenue Policy Manual as per exhibit "A" (attached). EXPLANATION: The CIP plan for the Tennis Center includes $174,100 in maintenance and replacement projects in FY 2003/04, $108,200 in 2004/05 and $112,500 in 2005/06. A substantial portion of this cost is for fencing and light fixture replacement for the tennis courts. Considering the Tennis Center is a revenue producing facility, it has been a long-standing goal to make it a self-supporting facility. The development of the trust account, in conjunction with a plan to transition the tennis center operation to an enterprise fund in fiscal year 2003/04, will provide a funding source for these projects. PROGRAM IMPACT: Phase I of the Tennis Center was completed in 1982. Presently, the facility consists of 17 bar- tm (soft courts) and 4 hard courts. On an annual basis, approximately 400450 permits are sold, nearly 75% to non- residents. Although maintenance projects will limit the number of courts available for play, several of the light fixtures and fencing at the Tennis Center need attention very soon. Preliminary plans will include maintenance on two courts annually, thus making them unavailable for use for approximately 12 weeks. Staffwill develop a priority list of items that need to be repaired and/or replaced, and use the money from the trust fund to address these issues. FISC,AL IMPACT: If participation levels do not change, the increased permit fees will raise an additional $25,000, approximately, in FY 2002/03. Based on current estimates, replacing fencing and light fixtures on two courts will cost approximately $25,000. ALTERNATIVES: Do not raise permit fees, and keep maintenance and repair projects for the Tennis Center in the CIP fund. Recreation Department Name City Manager's Signature City Attorney / Finance / Human Resources S:XBULLETINXFORMSLAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. 02- A RESOLUTION OF THE CITY COMMIS~ THE CITY OF BOYNTON BEACH, FLORIDA AUTHORIZING AN INCREASE IN PERMIT FEES AT THE TENNIS C] IN PARK MANUAL; ANDi WHEREAS, the staff has recommended an ,increase in permit fees for the Tennis Center commencing in fiscal year 2002/03, and creation of a trust account into which the additional revenue can be diverted and used for capital improvements projects at the facility; and WHEREAS, the CIP plan for the Tennis Center includes maintenance and replacement projects in FY 2003/04, 2004/05 and 2005/06, and considering .that the Tennis Center is a revenue producing facility, it has been a long standing goal to make it self-supporting facility; and WHEREAS, the development of a trust account, in conjunction with a plan to transition the tennis center operation to an enterprise fund in fiscal year 2003/04, will provide a funding source for these projects; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. Each Whereas clause set forth above is hereby ratified as being true and correct and incorporated herein by this reference; Section 2. The City Commission of the City of Boynton Beach, Florida, authorizing an increase in permit fees at the Tennis Center commencing with fiscal year 2002/03, as shown on the attached Exhibit "A". Section 3. Creating and establishing a trust account into which the additional revenue can be diverted and used for capital improvement projects at the facility. Section 4. Amend the Recreation & Park Department Revenue Policy Manual to ~-eflect the increased fee. Section 5. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of September, 2002. CITY OF BOYNTON BEACH, FLOKIDA Mawr Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk s:ca:Reso/Agrs/Tennis Centr Fees Exhibit "A" ~ Non-Resident Fee Resident Fee Date Commission Approved ..... Self Improvement/Community Interest Classes (ex: language, music lessons, computer classes) - $18 - $94 $15 - $75 12/00 Tennis Center ~Permits Adult/Individual Family Junior (17 & under) $300360 $!65200 !2/0008/02 $4-I~500 $250300 ! 2/0008/02 $ 55 $ 25 09~93 *Trips/Tours/Travel $ varies (actual cost of trip + 15% administrative and promotion charge = TRIP FEE) *Same fee for all participants since Boynton Beach facilities are not being used. *Programs at Caloosa Park- no fee differential since Boynton Beach facilities are not being used. *Fees charged for grant-funded programs may fall below the fee ranges listed above. 18 Requested City. Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3.2002 [] September 17, 2002 VlI.-CONSENT AGE[ DA CITY OF BOYNTON BEAC ITEM C.5 AGENDA ITEM REQUEST FO .... 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 Meetir~g 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 [] Admimstrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approve contact with Hope Health and Wellness, Inc. as the new provider of pre-employment physicals for all employees and required annual physicals for police officers and firefighters. EXPLANATION: For several years the City had a contract with another provider, but that physician is no longer able to maintain a clinic with the services we need. The clinic we are recommending has two locations: Boymon Beach and West Palm Beach; six day a week office hours; 24-hour availability for emergencies such as post-accident testing; and currently provides clinical services for other public agency clients, including the PBC Sheriff's Office. Deputy Chiefs Ness and Liu, Major Graham and Assistant Chief Immler were involved in the discussion and recommendation of this clinic. PROGRAM IMPACT: All employees, full-time and part-time receive pre-employment exams to determine their ability to handle the physical requirements of the job they have applied for. All police officers and firefighters require thorough annual physicals that must meet state mandated requirements. FISCAL IMPACT: The clinic has priced each of the services separately. Based on anticipated lower hiring numbers and usual remover of employees, we believe the total expense will be within the requested budget amount of $80,000. ALTERNATIVES: Although state statutes do not require bids for medical services, we did receive one from a clinic in Dek~y,13~hch.'-The.~r prpl~osal was a flat rate per month for a total of $95,0~00 annually. ~ D~fartmentHead'sS~a~e, V / C,tyManagers,,gnature fl //' -- · - Deparm~ent Name - City Attorney / Finance / Human Resources S:~BULLET1NLFORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION R02- A 'RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO E~CUTE A CONTRACT FOR MEDICAL .SERVICES BETWEEN THE C~Y OF BOYNTON BEACH, FLORJDA AND HOPE, HEALTH & WELLNESS, P.A., TO PROVIDE ALL PRE- ~AL E~S ;AND PROVIDING AN EFFECTIVE DATE. WltEREAS, City staff has been able to successfully negotiate an Agreement with Hope, Health and Wellness, Inc., that provides service to the City by providing all pre-employment and required annual physical exams for police and firefighters; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute the Contract for Medical Services between the City of Boynton Beach and Hope Health and Wellness, Inc., a copy of said Agreement being attached :hereto as Exhibit "A". Section 2. This Resolution passage. , PASSED AND ADOPTED this will become effective immediately upon day of September, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: City Clerk Commissioner Commissioner The City of Bo lnton Beach 100 E. Boynton Beach Boulevard P,O. Box $10 Boynton Beach, Florida 83425-0310 Human Resources: (661) 742-6~75 FAX: (561) 749-6274 August 7, 2002 Andrew P. Hope, D.C., President Hope Health & Wellness, P.A. 655 North Military Trail West Palm Beach, FL 33415 Dear Dr. Hope: Enclosed is a copy of the contract document proposed by the City of Boynton Beach to be brought before the City Commission at their meeting on Tuesday, September 10, 2002. In order to meet this deadline, the agenda item request must be turned in to the City Clerk on Monday, August 19, 2002. Please review the contract and let me know if you have any changes, requests, etc. Thank you, Carol Cheek Human Resources Coordinator Cc: James Cherof, City Attorney "An Equal Opportunity Employer" AGREEMENT THIS AGREEMENT, dated this day of 2002~ by and between: THE CITY OF BOYNTON BEACH, a municipal corporation organized .and operating under th~laWs of the State of Florida, with an address of 100 East BoSton Beach Boulevard, Boynton Beach, Florida 33425, hereinafter referred to as "CITY", and HOPE HEALTH & WELLNESS, P.A., a corporation authorized tO do business in the State of Florida, with an address at 655 North Military Trail, West Palm Beach, Florida 33415, hereinafter referred to as "CONTRACTOR". CITY and CONTRACTOR may be collectively referred to as the "Parties." WHEREAS, CITY has a need for certain medical services to be provided to its employees either as a requirement of their employment and duties or in furtherance of preventative care; and WltEREAS, the City Commission deems it to be in the best interests of the health, safety and welfare of its employees, citizens and residents to enter into an agreement with Hope Health & Wellness, Inc. to perform the desired medical services; and WHEREAS, CONTRACTOR has agreed to provide such medical services to the CITY and its employees; NOW, THEREFORE, for and in consideration of the sum of the mutual covenants and other good and valuable consideration, the receipt of which are hereby acknowledged, the parties hereto agree as follows: SECTION 1. The recitations set forth in the above "WHEREAS" clauses are true and correct and incorporated herein by this reference. SECTION 2. CONTRACTOR'S RESPONSIBILITIES. The CONTRACTOR shall carry out the following responsibilities and such additional responsibilities as CITY may deem necessary for the fulfillment of CONTRACTOR's obligations under this Agreement: 2.1 CONTRACTOR shall perform the following medical services: 2.1.1 pre-employment physical examinations; 2.1.2 annual examinations for police and fire employees; 2.1.3 employee drug screening; 2.1.4 employee immunization as required by the CITY; and Page 1 of 10 2.1.5 Sp/cialized medical testing, as requested by CITY, including, but not limited to, heavy metal screening, serum cholinesterase, contagious disease profiles, cardiac stress testing and chest x-rays. 2.1.6 Be available to schedule and provide regular clinical services for CITY's employees at the emp. loyee's request. The cost of such services shall be borne by the employee. 2.2 CONTRACTOR shall conduct medical examinations which meet or exceed NFPA standards and guidelines and further in accordance with any and all required regulations necessary to maintain or achieve acceptance or accreditation by any applicable regulatory authority for such employee. 2.3 CONTRACTOR shall coordinate any and all laboratory testing necessary in conjunction with any and all examinations and testing performed by CONTRACTOR under this Agreeme~nt. 2.4 CONTRACTOR shall provide any and all necessary consultation or case review of examination results at the request of CITY or an employee/patient. Further, upon the employee/patient's request, CONTRACTOR shall forward a written review of the examination results to the employee/patient or his or her primary physician. 2.5 CONTRACTOR shall make flu shots available to any CITY employee who__.-._ wishes to receive it at the City's cost, during the City's annual flu shot offer dates. 2.6 A primary review by CONTRACTOR of all physical examination results shall include, but isnot limited to: 2.6.1 physical examination; 2.6.2 twelve (12) lead EKG; 2.6.3 pulmonary function testing; 2.6.4 audio metric testing; 2.6.5 visual acuity; and 2.6.6 all laboratory findings to include contagious disease profiles and drug screening. 2.7 CONTRACTOR shall perform a secondary review and all cases achieving abnormal results, deviations from baseline results as determined by comparison with previous examinations, and positive contagious disease profiles. CONTRACTOR shall further perform follow up monitoring upon initial exposure of an employee to air or blood borne pathogens. 2.8 CONTRACTOR shall maintain any and all medical records and any other records created under this Agreement in accordance with Florida law, including Florida's Public Records laws, as amended from time to time. Page 2 of 10 SECTION 3. CITY'S RESPONSIBILITES. The CITY shall carry out the following responsibilities and such. other duties as may be: necessary to fulfill its obligations under this Agreement: 3.1 CITY shall provide CONTRACTOR with the name, the desired testit to be conducted and afiy-.other necessary information for each employee or new to CONTRACTOR for testing or physical examination 3.2 CITY shall examination of the receipt of the testing and examination results. who shall .facilitate the coordination of requested testing to be conducted and the CITY's SECTION 4. TERM. This Agreement shall commence on the date of execution of this Agreement by the last party to execute this Agreement and mn until October 1, 2003. This Agreement may be renewed upon the mutual consent of the parties for additionaI one (1) year terms. SECTION 5. The CONTRACTOR hereby certifies that only Florida licensed physicians and medical personnel shall perform any and all medical procedures required pursuant to this Agreement. CONTRACTOR shall supervise and accept responsibility for the medical performance of such personnel. SECTION6. The CITY hereby agrees to pay CONTRACTOR for the faithful performance of the services required under this Agreement, in lawful money of the United States, in accordance with the billing schedule provided in composite Exhibit 'fA", attached hereto. CONTRACTOR shall provide CITY with a monthly invoice for payment and a monthly statement of services rendered hereunder. CITY shall pay CONTRACTOR within fifteen (15)calendar days' of CITY's receipt of both CONTRACTOR's invoice and monthly statement. SECTION 7. INSURANCE. 7.1 The CONTRACTOR shall not commence work under this contract until it has obtained all insurance required under this paragraph and such insurance has been approved by the Risk Manager of the CITY nor shall the CONTRACTOR allow any Subcontractor to commence work on any sub-contract until all similar such insurance required of the subcontractor has been obtained and approved. 7.2 Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the Risk Manager prior to the commencement of the work. These Certificates shall contmn a provision that coverages afforded under these policies will not be canceled until at least thirty (30) days' prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. "A" in 7.3 Financial Ratings for each insurer must be no less than the latest edition of "Bests Key Rating Guide", published by A.M. Best Guide, most recent edition. Page 3 of 10 7.4 Insurance-shall be in force until all work required to be performed under the terms of the Contract is satisfactorily completed as evidenced by the formal acceptance by the CITY. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this contract, then in that event, the CONTRACTOR shall furnish, at least thirty (30)days prior to the expiration of the date of such insurance, a renewed certificate of insurance as pro6f-that equal and like coverage for the balance of the period of the contract and extension thereunder is in effect. The CONTRACTOR shall not continue to or perform ones work under this contract unless all required insurance remains in full force and effect. 7.5 Comprehensive: General Liability insurance to cover liability bodily injury and property damage. Exposures to be covered are: premises, oPerations, products/completed operations, and certain contracts; Coverage must be written on an occurrence basis, with the following limits of liability: Bodily Injury 1. Each Occurrence 2. Annual Aggregate $1,000,000.00 $1,000,000.00 Property Damage 1. Each Occurrence 2. Annual Aggregate $1,000,000.00 $1,000,000.00 C. Personal Injury Annual Aggregate $1,000,000.00 Property Damage Liability Insurance shall include Coverage for the following hazards: X - explosion, C - Collapse, U - underground. 7.6 Workers Compensation insurance shall be maintained during the life of this Agreement to comply with the Florida statutory limits for all employees. In the event, any work is sublet, the CONTRACTOR shall require the Subcontractors similarly to provide Workers Compensation Insurance for all the latter's employees, unless such employees are covered by the protection afforded by the CONTRACTOR.. The CONTRACTOR and his subcontractors shall maintain during the life ofthis policy Employers Liability Insurance. The following limits must be maintained: Workers Compensation Employer's Liability Statutory $500,000.00 per occurrence 7.7 CONTRACTOR shall comply with the financial responsibility requirements of Chapter 458, Florida Statutes, as amended from time to time, and provide certification of such compliance to CITY. 7.8 CONTRACTOR shall hold the CITY, its agents, and employees, harmless on account of claims for damages to persons, property, or premises arising out of the operations to complete this Agreement and name the CITY as an additional insured under their policy. Page 4 of 10 7.9 The CITY 'reserves the right to require any other insurance coverage it deems SECTION 8. INDEMNIFICATION. and all laims, suits, causes: of action, I defend the CITY, its and against any proce~, costs, losses acrs or omissions, errors, or or omission of >r employees in Under this i( set forth as such,~ for all but not limited to, damages to ipersons or property, ~rneys' fees arising out of or in connection with the services performed by the pursuant to this Agreement. 8.2 CONTRACTOR shall indemnify CITY for all loss, damage, expense or liability including, without limitation, court costs and attorneys' fees and costs that may result by reason of any infringement or claim of infringement of any patent, trademark; copyright, trade secret or other proprietary, right relating to services furnished pursuant to this Agreement. CONTRACTOR will defend or settle at its own expense any action brought against the CITY to the extent that it is based on a claim that products or services furnished to CITY by CONTRACTOR pursuant to this Agreement, or if any portion of the services or goods related to the performance of the service becomes unusable as a result of any such infringement or claim. 8.3 The parties recognize that various provisions of this Agreement, including but not necessarily limited to this Section, provide for indemnification by the CONTRACTOR and that §725.06, Florida Statutes, requires a specific consideration be given therefor. The parties therefore agree that the sum of Ten Dollars and 00/100 Cents ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities. The providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by CONTRACTOR. Eurthermore, the parties understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and shall continue thereafter in full fome and effect as to the party's responsibility to indemnify. 8.4 Nothing herein shall be interpreted or construed as a waver of the protections, immunities, and limitations of liability afforded the CITY pursuant to Section 768.28, Florida Statrites. SECTION 9. INDEPENDENT CONTRACTOR. 9.1 This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the CONTRACTOR is an independent contractor under this Agreement and neither is the employee of the other for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State Page 5 of 10 unemployment insurance law. The Parties shall each retain sole and absolute discretion in the judgment of the manner and means of carrying out the their activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of each individual pa~,. Services provided by each party pursuant to this Agreement shall be subject to the supervision of such party. In providing such services, neither party nor its agents shall act as officers, employees, or agents of the other party. The Parties agree that they are separate and independent enterprises, and that this Agreement shall not be construed as creating any joint employment relationship between the Parties and neither party will be liable for any obligation incurred by the other party, including, but not limited to, unpaid minimum wages and/or overtime premiums. SECTION 10; THIRD PARTY BENEFICIARIES. 1 to directly or substantially benefit any third party by this . the Parties agree that there are no third party beneficiaries to this Agreement and that no third p~ shall be entitled to assert a claim against either party based upon this Agreement. The Parties expressly acknowledge that it is not their intent to create any rights or obligations in any third:persons or entity under this Agreement. SECTION 11. MISCELLANEOUS. 11.1 l.egal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply due to the joint contribution of both parties. 11.2 Assi~ments_ This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by the Parties without the prior written consent of the other party. 11.3 Amendments. Any modification or amendment to this Agreement must be formalized in writing and executed with the same dignity and formality herewith. 11.4 Records. The Parties shall keep, maintain and preserve books and records and require any and all subcontractors to keep books and records as may be necessary in order to record complete and correct entries as is related to personnel hours charged to this engagement, any expenses for which the Parties expect to be reimbursed, or any other records that are related to this Agreement. Such books, accounts and records will be available at all reasonable times for examination and audit by the other party and shall be kept for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes) or as may otherwise be required by law. Incomplete or incorrect entries in such books and records will be grounds for disallowance by the other party of any fees or expenses based upon such entries. 11.5 Public Records. Pursuant to Chapter 119, Florida Statutes, Florida's Public Records taws, the Parties shall maintain and make available for inspection any and all business records generated, created or maintained pursuant to this Agreement as required by law. Page 6 of 10 11.6 No Contin~,ent Fees. The Parties warrant that they have not employed or retained any company or person, other than a bona fide employee Working solely for such party, to solicit or secure this Agreement, and that it has not paid. or agreed to pay any person, company, corporation, individual or firm, other than a bona 11.7 Notice. Whenever any party desires to give given by written notice, sent by certified Uni facsimile notice CITY pl CITY: City Manager City of Boynton Beach 100 Boynton Beach Boulevard Boynton Beach, FlOrida 33425 Telephone No. (561) 742-6010 Facsimile No. (561) 742,6011 Copy To: James A. Cherof, City Attorney Josias, Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 CONTRACTOR: Andrew P. Hope, D.C., President Hope Health & Wellness, P.A. 655 North Military Trail West Palm Beach, Florida 33415 Telephone No. (561) 686-0120 Facsimile No. (561) 686-8073 11.8 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 11.9 City, Sel£-lnsured. The Parties hereto understand and agree that the CITY is self- insured, and that such states shall not affect CONTRACTORS duty or indemnification pursuant to Section 8 of this Agreement. Page 7 of 10 11.10 Exhibits, Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits if not physically attached should be treated as part of this Agreement and are incorporated herein by reference. 11.11 Headings, Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 11.12 Severability. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 11.13 Governing l,aw. This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 11.14 DJ?utes. Any claim, objection, or dispute arising out of the terms of this Agreemeht shall be litigated in the Seventeenth Judicial Circuit Court in and for Palm Beach County. 11~ 15 Attorney's Fees. To the extent permitted by law, in the event that either party brings suit for enforcement of this Agreement, the prevailing party shall be entitled to attorney's fees and ' ' - ' - costs, including paralegal fees, in addition to any other remedy afforded by law. 11.16 Extent of A~eement. This Agreement together with the attached Exhibits, as amended herein above represents the entire and integrated agreement between the Parties and supersedes all prior negotiations, representations or agreements, either written or oral. 11.17 Multiple Counte?arts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. 11.18 Mater/ali~ and Waiver. The Parties agree that each requirement, duty and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. Failure of either party to insist upon strict performance of any provision or condition of this Agreement, or to execute any right therein contained, shall not be construed as a waiver or relinquishment for the future of any such provision, condition, or right, but the ~ame shall remain in full force and effect. 11.19 Compliance with l,aws. The Parties shall comply with all federal, state, and local laws, codes, ordinances, rules and regulations in performing its duties, responsibilities and obligations pursuant to this Agreement. 11.20 Equal Emplo,vment Oppom~ni~. In the performance of this Agreement, the Parties shall not discriminate against any firm, employee or applicant for employment or any other firm/individual in providing services because of sex, age, race, color, religion, ancestry or national origin. Page 8 of 10 day of IN WITNESS WHEREOF, the parties have hereunto set its ,2002. authorized hand this ATTEST: CITY OF BOYNTON BEACH JANET PRAINITO, CITY CLERK APPROVED AS TO FORM: MAYOR GERALD BROENING CITY ATTORNEY WITNESSES: CONTR ACTOR: ~ P:'H~.C., PRESIDENT HOPE HEALTH--& WELLNESS, P.A. STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) ON THIS .. t tl~ day of /~3 ~ ,2002, before me, the undersigned notary public, personally appeared ANDREW P. HOPE, D.C., as PRESIDENT of HOPE HEALTH & WELLNESS, P.A. and is the person who subscribed to the foregoing instrument and who acknowledged that he executed the same was duly authorized to do so. Personally Known u// OR Produced Identification Type of Identification Produced IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTff, aRY PUBLIC / Print or Type Name ~-1,4 ~o-t. Ca/agrntsdHopeHealth Revised 080202 Page 9 of 10 COMPOSITE EXHIBIT "A" BILLING SCHEDULE Andrew Hope, D.C., C.C.S.P. Andrew Brice, P.T., A.T.C. Kelli Castle, P.T.A. Linda Neary, P.T.A. 655 N, Military Trail Pedro A. Sanchez, D.O. Lindi WadHngton, F.N.P. Neisy Rubio, MA Jennifer Morales, MA CITY OF BOYNTON BEACH PRE-EMPLOYMENT MEDICAL PHYSICAL EXAMINATIONS (General Employment) Complete Physical Examination to Include: '- Physical Examination - Height/Weight/Blood Pressure - Vision Test - Snelten Eye Chart - FDLE 10 Panel Drag Test - 2 Step Tuberculosis (PPD) Test Cost of Physical Exam: $150.00 TOTAL COST OF GENERAL PRE-EMPLOYMENT EXAM: $150.00 IAndrew Hope, D.C., C.C.S.P. ]Andrew Brice, P.T., A.T.C. ]Kelli Castle, P.T.A. [Linda Neary, P.T.A. P HEALTH & WELL 655 N. Military Trai! _West Palm Beach, FL 33415 _(561) 686-0120 Pedro A. Sanchez, D.O. Lindi WadHng~on, F.N.P. Neisy Rubio~ MA Jennifer Morales, MA _FAX: (561)686-8073 CITY OF BOYNTON BEACH PRE-EMPLOYMENT MEDICAL PHYSICAL EXAMINATIONS (Fire Department) Complete Physical Examination to Include: - Establishment of Medical/Occupational History - Physical Examination including spinal - Range of motion and Neurological Reflex exam - EKG - Urinalysis - DipStick (Positive finding sent to lab for further testing) - Vision Test o Snellen Eye Chart - Audiometry (500-8000 MHz) - FDLE 10 Panel Drug Test - 2 Step Tuberculosis (PPD) Test Cost of Physical Exam: $I50.00 Diagnostic Testing to Include: - Complete Blood Work to include: - CBC (Complete Blood Count with differential) - Complete Metabolic Panel - Lipid Panel (Triglycerides, Cholesterol - HDL & LDL - HDL to LDL ratio) - HIV Screening - RPR Screening (Syphilis) - Hepatitis Screening - TSH Screening (Thyroid) Cost of Diagnostic Testing: TOTAL COST OF PRE-EMPLOYMENT EXAM: $100.00 $250.00 City of Boynton Beach Page 2 Exhibit A continued ................. Addendum Pre-employment Physicals Additional Testing Not inclUded in above testing: -: Chest:X-ray (front and Side view) as needed $ 70.00 - Drug Screen Only 30.00 -1 over) with rectal exam I0.00 15.00 ( 3 shot series @ $70 ea) £xhib it A Andrew Hope, D.C., C.C.S.P. Andrew Bri~e~ P.T., A.T.C. Kelli Caztle, P.T.A. OP Linda Neary, P.T.A. 655 N. Military Trail_. _West Palm Beach, FL 33415 _(561) 686-0120 Pedro A. Sanchez, Lindi Wadlington, F.N.P. Neisy Rubio, MA Jennifer Morale~, MA _FAX: (561)686-8073 CITY OF BOYNTON BEACH ANNUAL MEDICAL PHYSICAL EXAMINATIONS (Fire Department) Complete Physical Examination to Include: - Establishment of Medical/Occupational History - Physical Examination including spinal - Range of motion and Neurological Reflex exam - EKG - Urinalysis - DipStick (Positive finding sent to lab for further testing) - Vision Test - Snellen Eye Chart - Audiometry (500-8000 MHz) - 2 Step Tuberculosis (PPD) Test Cost of Physical Exam: $135.00 Diagnostic Testing to Include: - Complete Blood Work to include: - CBC (Complete Blood Count with differential) - Complete Metabolic Panel - Lipid Panel (Tfiglycerides, Cholesterol - HDL & LDL - H_DL to LDL ratio) - HIV Screening - RPR Screening (Syphilis) - Hepatitis Screening - TSH Screening (Thyroid) Cost of Diagnostic Testing: TOTAL COST OF ANNUAL EXAM: $100.00 $235.00 City of Boynton Beach Page 2 continued ................. Addendum Annual Physicals Additional Testing Not included in above testing: $ 70.00 exam 10.00 15.00 ( 3 shot series ~ $70 ea) Exhibit A ]'Andrew Hope, D.C., C.C.S.P. ]Andrew Br~e~ P.T., A.T.C. ,Keili Castle' P.T.A.] Linda Near~, P.T.A. 655 N. Military Trail _West Palm Beach, FL 33415 _(561) 686~0120 Pedro A. Sanchez, D.O. Lindi Wadlington, F.N.P. Neiay Rublo, MA Jennifer Morales, MA _F~: (561)686--8073 CITY OF BOYNTON PRE-EMPLOYMENT MEDICAL PHYSICAL EXAMINATIONS (Police Department) Complete Physical Examination to Include: - Establishment of Medical/Occupational History - Physical Examination including spinal - Range of motion and Neurological Reflex exam - EKG - Urinalysis - DipStick (Positive finding sent to lab for further testing) - Vision Test - Snellen Eye Chart - Audiometry (500-8000 MHz) - FDLE 10'Panel Drag Test - 2 Step Tuberculosis (PPD) Test Cost of Physical Exam: $150.00 Diagnostic Testing to Include: - Complete Blood Work to include: - CBC (Complete Blood Count with differential) - Complete Metabolic Panel - Lipid Panel (Triglycerides, Cholesterol - HDL & LDL - HDL to LDL ratio) - HW Screening - RPR Screening (Syphilis) - Hepatitis - TSH Screening (Thyroid) - Serum Lead testing Cost of Diagnostic Testing: $120.00 TOTAL COST OF PRE-EMPLOYMENT EXAM: $270.00 Page 2 continued ............ Additional Testing Not included in above testing: - Chesl and side view) as needed - PSA Screening (males 40 and over) with rectal exam $ 70:00 30.00 I0.00 t5.00 ( 3 shot series ~ $70 ea) I Andrew Hope, D.C., C.C.S.P. I Andrew Brice, P.T., A.T.C. Kelli Castle, P.T.A. O HEALTH WELLNI Linda Neary, P.T.A. ~ 655 N. Military Trail. _West Palm Beach, FL 33415 _(561) 1586-0120 Pedro A. Sanchez, D.O. Lindi Wadlington, F.N.P. Neisy Rubio, MA Jennifer Morales, MA _FAX: (561)686-8073 CITY OF BOYNTON BEACH ANNUAL MEDICAL PHYSICAL EXAMINATIONS (Police Department) Complete Physical Examination to Include: - Establishment of Medical/Occupational History - Physical Examination including spinal - Range of motion and Neurological Reflex exam - EKG - Urinalysis - DipStick (Positive finding sent to lab for further testing) - Vision Test - Snellen Eye Chart - Audiometry (500-8000 MHz) - 2 Step Tuberculosis (PPD) Test Cost of Physical Exam: $135.00 Diagnostic Testing to Include: - Complete Blood Work to include: - CBC (Complete Blood Count with differential) - Complete Metabolic Panel - Lipid Panel (Triglycerides, Cholesterol - HDL & LDL - HDL to LDL ratio) - HIV Screening - R_PR Screening (Syphilis) - Hepatitis Screening - TSH Screening (Thyroid) - Serum Lead testing Cost of Diagnostic Testing: $120.00 TOTAL COST OF ANNUAL EXAM: $255.00 Page 2 continued ............ Additional Testing Not inclUded in above testing: - Flu Shot - Hepatitis B Immunizations view) as needed : $ 70.00 } with rectal exam 10.00 15. O0 ( 3 shot series ~ $70 ea) VII.-CONSENT AGENDA ITEM D.1. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOI , Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcemem [] Presentation [] City Manager's Report RECOMMENDATION: Consent Agenda. The Planning and Development Board with a 6 to 1 vote, recommended that the subject request be denied. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-170. Commission Agenda under~-- Please place this request on the September 3, 2002 City ' ' > EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: WOOLBRIGHT PLAZA (ZNCV 02-009) Press Tompkins, HPT Consultants, Inc. Veronica Motiram SW Comer of Woolbright Road and Congress Avenue Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning Section 4.L to allow a landscape buffer along the north, approximately 277 feet of the western property line, in lieu of the required six (6) foot high masonry buffer wall required by code, where a commercial and/or industrial district abuts a residential district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE/$~ N/A De~p~eitt~)~nent I)Xlrector Pl~g ~d Zon~g Dkector '"'" L"lt)Mvtanager ' s Siguature City Attorney / Finance / Human Resources SSPIanning~SHARED\WPXPROJECTS\Woolbright PlazaXZNCV 02-009~Agenda Item Request Woolbright Plaza ZNCV 02-009 9-3-02.dot S:~BULLETIN~ORMSha, GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 02,170 STAFF R~PORT FOR PLANNING AND DEVELOPMENT BOARD :AND CITY COMMISSION August 15. 2002 Meeting Date: August 27, 2002 File No: ZNCV 02-012 Buffer wall Location: 306 S. Congress Avenue, Boynton Beach, FL. Agent/ Owner: Press Tompkins, HPT Consultants, Inc. / Veronica Motiram Project Name: Woolbright Plaza Variance Request: Relief from Chapter 2, Zoning, Section 4.L - Buffer Walls, to allow a landscape buffer along the north 276.96 feet of the western property line in lieu of the required six (6) foot high stucco masonry buffer wall to separate a commercial district from the abutting residential district. NATURE OF REQUEST, Press Tompkins of HPT Consultants, agent for the owner Veronica Motiram, is requesting a zoning code variance to seek relief from constructing a solid masonry buffer wall along the north 276.96 feet of the western property line that is abutting a residentially-zoned property. The site is located at the southwest comer of Woolbright Road and Congress Avenue (see Exhibit "A"-Location Map). The construction of the wall became a requirement in connection with an application for conditional use approval (COUS 01-007). The project intent is to raze the existing 5,645 square-foot (vacant) bank building located approximately in the center of the 4.945-acre parcel, and to replace it with a four-story office / commercial building and a one (1) story drag store / commercial building. The four-story building will be a total of 40,000 square feet in area. The first floor (10,000 square feet) will have commercial / retail uses while floors two through four (30,000 square feet) will be Used solely for office purposes. The one-story building is approved for 19,290 square feet, and is to contain a Walgreen's Drag Store (14,490 square feet) and 4,800 square feet of commercial/retail area. The entire project is to be built throughout three (3) phases; however, all infrastructure, including landscaping, parking, etc. will be completed by the end of the first phase prior to the issuance of a certificate of occupancy. According to the approved site plan, the four-story office / commercial building will be built during Phase I. The Walgreen's Drag Store portion of the one-story building will be completed during the second phase, and the remaining portion of that building will be built during Phase IH. The Walgreen's Drag Store will be constructed on the northern portion of the parcel (see Exhibit "B"- Proposed Site Plan). The subject request is a prerequisite to using a landscape buffer in place of the six. (6) foot high buffer wall that is required by the City's Land Development Regulations, Chapter 2 - Zoning, Section 4.L., where a commercial district abuts a residential district. Page 2 Woolbright Plaza Buffer Wall File No. ZNCV 02-009 BACKGROUND The site is located at the southwest comer of Woolbright Road and Congress Avenue. The subject property, totaling 4.945 acres, is currently zoned C-3, Community Commercial district and classified Local Retail Commercial. The subject site abuts Quail Run Villas to the west, a residential development zoned PUD, Planned Unit Development. The following is a description of the land uses and zoning designation of the properties that surround 'this site: North:Right-of-way for Woolbright Road, farther north property classified Local Retail Commercial (LRC), zoned Community Commercial (C-3), and developed with a Mobil service station; South: Developed property classified Local Retail Commercial (LRC), zoned Community Commercial (C3) and developed as Woolbright Corporate Center; East: Right-of-way for Congress Avenue, farther east property classified Local Retail Commercial (LRC), zoned Community Commercial (C-3) developed as an Amoco service station, and property classified Local Retail Commercial (LRC), zoned Planned Commercial Development (PCD) developed as Boynton Shoppes; and West: Quail Run water detention area, farther west is developed property classified Low Density Residential (LDR), zoned Planned Unit Development (PUD) and occupied by Quail Run Villas. ANALYSIS The code states that zoning code variances cannot be approved unless the board finds the following: bo That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same Zoning district. That the special condia'ons and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in: the same zoning district. That li, teral interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff reviewed the requested variance focusing on the applicant's response to the above criteria contained in Exhibit "C". Staff concurs with the applicant's response to criteria "a" above that there exists special conditions peculiar to the subject parcel, namely location of the lot and site constraints. The site located adjacent to a water retention area to the west. This water retention area provides a separation of approximately 600 feet between the adjacent residential property to the west (Quail Run Villas) and the subject parcel. Furthermore, an existing utility easement (16 feet in width) extends along most of the Page 3 Woolbright Plaza Buffer Wall File No. ZNCV 02-009 western and southern boundaries of the subject property. With respect to criteria "b" above, the applicant states that: "...The applicant purchased the property in March 1996, the property was platted and the improvements were installed prior to this date.~." Staff agrees, that the existence of the utility easement along :the wes:~ property line has established the special conditions and circumstances not resulting from actions of the applicant, therefOre satisfying criterion "b" above. As part of analyzing this request against the above criteria, staff evaluated the impact upon the character of the existing neighborhood, and alternatives to avoid the variance request. The city's Land DeVelopment Regulations require the erection of a masonry' )ned properties. The location of the landscape buffer is The applicant states: "..,there is a separation in excess of 600 residential property..." Staff agrees that a landscape buffer and the adequate alternative to a buffer wall to mitigate any~ impacts on the adjl the impacts upon the abUtting parcel would be insignificant. An existing 8-inch wide Ductile Iron Pipe (DIP) water main runs s active utility easement located along the western boundary. According to Chapter 2, Section 4.L, a sol masonry wall is required along the rear property line because this commercial a residential district. However, the minimum setback required3 two (2) feet would maintain the wal easement. A vegetative buffer, such as a row of hedges in lieu of a wall, cannot be a consideration for this project without the variance because a vegetative buffer is applicable only to (C- 1) districts. No walls are required along the north, east, or south prop 'believes that regardless of what use is ever proposed for the subject property, within the s~ uses of the ~-3 zoning district, the subject variance would b~ required a~ . to make possible the reasonable use of the land and therefore, the request would It is the position of staff that the applicant has demonstrated that this request represents the minimum necessary to make possible the reasonable use of the property. The purpose of the buffer requirement is to provide a visual and noise barrier between the residential and commercial properties. A dense landscape buffer, along with the distance separation created by the water retention area of Quail ] serve as a reasonable buffer for the adjacent residential neighborhood. However, their extensive root systems cannot coexist with utilities infrastructure and therefore, are no~ within these areas. The applicant has proposed a design solution consists of a landscape area that measures ten (1 O) feet in width and and clusters of Sabal Palms supplemented with a Cocoplum hedge (see Exhibit "D' Staff recommends that special minimum planting specifications be the buffer plants to maximize the immediate screening density. RECOMMENDATION Staff recommends approval of this request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.L - Buffer Walls, to allow a landscape buffer along the north approximately 277 feet of the western property line in lieu of the required six (6) foot high stucco masonry buffer wall to separate a commercial district from the abutting residential district. The current use of the adjacent residentially-zoned parcel as the water detention area for Quail Run Villas; the significant distance separation between the two (2) sites; the potential damage to the existing utilities infrastructure; and the conflicting location of the utility easement on this property represent special conditions and circumstances affecting the requirement for a buffer wall. Page 4 Woolbright Plaza Buffer Wall File No. ZNCV 02-009 Staff conditions and any other condition(s) recommended l~y the Planning and Development Board or the City Commission will be included in the Exhibit "E" - Conditions of Approval. $:~SHRDATA~Planning',SHARED\WP\PROJECTS~Wooibright PlazaXZNCV 02-009\staffreport west buffer walt.doc MWR/mda Location Map Woolbright Plaza EXHIBIT "A" C3 WOOLBRI retention area in C3 C1 R3 ~ PCD C3 EXHIBIT"B" EXHIBtlT'.'~".'? I ~._ ....... __.~-_ _"_ "_ _"_L'"_ ................... · ..~. ~:.; · =,~ -.: .................... / ~ ', ~-~ :- . '--'-.t'.. '- / / AVENUE AVIROM &AS$OCIATI::$, lNG. SURVEYING & MAPPING 5o $.w. 2N0 AVI~NUE. 'SUITE 102 80(~A ;~ATON. I=LORIOA 3~432 , [ ~1,- t,: II! ·,Ii[, ,,l,l:' dlil llih-lllt~.l~l, l[,'i re, l,.: :,,~1 I.I ,hll,: ,.lltl' ,-,, :- i:::,,.:, - -:.: ..... ,.. -, .... i_,...l,.,, . ~ ~., ,q!_', ,l Ill, "i'"~']Jl..","'"'lil'"' ,,Ill ,~, · , ~]..} .:,:~: ,i.:: t, .:, ,::, ,". ,,-, - ', ,: ~:' , .:".':i.:['-[ l,l:::![i::idp: i[Ift.{'i[.~i "~" :'"'-'::" :"" "' ': I -,,...:.:~,, ..,. ,-':-I · _: ,, 1i,' a' .ti .~ .: ;'l,, ~ ,Il ..:-_--,,,.. ,, II 'pitu!Jflljl :jJ~li [jill I I . l [I :::::~: I:' I:'" : i "-o :: 3350 N.W. Boca Raton Blvd. Suite B-38 Boca Raton, FL 33431 Tel 561-998-0955 Fax 561-997-5721 PROFESSIONAL ENGINEERING LAND DEVELOPMENT · SITE EVALUATION · GOVERNMENTAL PERMITTING TRAFFIC ANALYSIS & CONCURRENCY PROJECT MANAGEMENT ENVIRONMENTAL EXHIBIT "C" May 15, 2002 City of Boynton Beach 33425-0310 RE: Wo01bright Plaza Variance Request VARIANCE JUSTIFICATION Co That special conditions and circumstances exist which are peculiar to the land,, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Response: This site was previously platted and utilities were placed around the perimeter of the site in order to supply water and sewer for future development. By placing these utilities along the perimeter of the site, this precluded the placement of the buffer wall along the required property line. This is unique to this site and serves as a special circumstance. That the special conditions and circumstances do-not result from the actions of the applicant. Response: The applicant purchased the property in March of 1996, the property was platted and the improvements were installed prior to this date, therefore actions of the applicant did not create this special circumstance. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district. Response: The granting this variance would not confer any special privilege as the circumstance that created the problem is unique to this site and does not affect any other properties located within the same zoning district. EXHIBIIT "C" Eo That the literal imerpretation of the provisions of this chapter would deprive the ,,aCplicant of the rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant. Response: A and the be an uiremem for easement would severely variance would deprive the ie other the allowed ement and this site would have to and parking :to accommodate the buffer wall or structure. will make possible west minimum that will make The variance is only for the north The remaining 251.16 feet of the :onstructed as there is no conflict we~e. wall harmony with the general variance will not be detrimental to the public will not be injurious or otherwise a sep~ation The lOcation of this required as there is a a lake within the residential side of the commercial seen from either Congress Ave. or EXHIBIT "D" / 2~-2~/' SAESAL PALI'15 ' CLUSTEreD IN GROUp5 Ot= TH~a. EE UJITH 5HF,:~tJES5 UNDEF~NEATH 12-14' ARECA PALI'15 ~' COCOPLUPI HEDGE LINE WHEEL 5TOP EDGE <DF PAVEMENT I.UEST E],UFFER C)ETAIL EXHIBIT "E" Conditions of Approval Project name: Woolbright Plaza File number: ZNCV 02-009 (Buffer wall) Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES cOmments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FQRESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: 1. A minor modification to the approved Woolbright Plaza site plan (COUS 01- X 007) is required to change plans for the landscape buffer. 2. With respect to consistency this variance approval is contingent upon the X proposed west buffer detail as shown as Exhibit '*D". This buffer shall Conditions of Approval 2 - Woolbright Plaza Buffer wall DEP~~S ~CL~E ~CT include bm not be limt~ to plating mat~ such as ~eca Pal~ Sabal I, Palme~o ~d Cocopl~ hedge. ~ 3. ~e Plating mat~ sUch as ~s(~eca Pal~ ~d Sabal P~me~o) shall be ~ X a mihimm ~f (20) f~t in hdght. ~e prOPosed C~oplm hldge sha~:l' be a ~nimum of fo~ (~) f~t in heist at hm~ Ofmstallafi~. ~ ~mo~ e ~ ~ ~ro~u~m ~o~ Co~moss X ' Commits: None _ ~D~ON~ C~ CO~SION CO~IONS : Comments: 4. To be detent. . j:'tSHRDATAWLANNING~HAK~D\WP'~PROYECTS\Woolbr/ght PlazakZNCV 02-009\Conditions of Approval.doc :MWR/mda DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Woolbright Plaza Buffer Wall Variance APPLICANT'S AGENT: H.P. Tompkins, HPT Consultants, Inc. APPLICANT'S ADDRESS: 3350 NW Boca Rato,, Dlvd. Suite B-38 Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 3, 2002 TYPE OF RELIEF SOUGHT: Variance requested on Buffer Wall. LOCATION OF PROPERTY: 306 S. Congress 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, 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. Ail further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk $:'~lanning~SHARED\WP',PROJECTS\Woolbdght Plaza~ZNCV 02-009~DO.doc VII.-CONSENT AGENDA ITEM D.2. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FO uv Requested City Commission Date Final Form Must be Turned Requested City Commission M~ting Dates in to City Clerk's Office Meeting Dates [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 [] August20, 2002 August5, 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 [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the September 3, 2002 City Commission Agenda under' Consent Agenda. The Planning and Development Board with a 7 to 0 vote, recommended that the subject request be approved. The Board also voted on each of the seven (7) waiver requests. All waivers were approved except for the request to use Cuban Laurel plan material. The Board denied that waiver with a vote of 7 to 0. (See Conditions of Approval - Exhibit "D".) For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-171. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: QUANTUM PARK AND VILLAGAE SOUTH (SBMP 02-001) Eugene Gerlica, P.E. Quantum Park & Village, LLC South of Gateway, West of High Ridge Road Lots 62 - 67B and lot 100) Request for Master Site Plan Approval for 132,032 square feet of retail/office use and 234 rental apartments on 25.9 acres in the Quantum Park DRI. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE/~ N/A Oev~.lo~nt~nt [~p~e~t~D~ector Planning and Zofling Director ' City'Manager's Signature City Attorney / Finance / Human Resources S:~Planning~SHARED\WP~ROJECTS\Quantum Park & VilIage~SBMP 02-001 south~Agenda Item Request Quantum Pk & Village SBMP 02-001 9-3- 02.dot S:~BULLETIN~ORMSL~.GENDA ITEM REQUEST FORM. DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-171 )RT AND CITY COMMISSION August 16, 2002 DESCRIPTION OF PROJECT Project Name/No.: Quantum Park & Village South - Master Site Plan (SBMP 02-001) Property Owner: Quantum Lake Villas II, Inc. and Quantum Park & Village L.L.C. Applicant/Agent: Eugene Gerlica, P.E. Location: Lots 62-67C (excluding a portion of 65B) and Lot 100 Land Use/Zoning: Industrial/Planned Industrial Development (PID) Quantum Park DRI Master Plan Land Use is Mixed Use - MU Type of Use: Mixed Use (Retail/Office/Residential Multi-family) Project size: Residential Area: Commercial Area: Total Area: 11.63 acres 14.27 acres 25.90 acres Dwelling Units: Commercial: 234 rental apartments 132,032 square feet Adjacent Uses: (see Exhibit "A" - Location Map) North - Right-of-way for Gateway Boulevard and farther north vacant Quantum Lots 83- 85, zoned PID/(MU); South Quantum Park developed Lots 101 & 62 zoned PID/(MU), the Sand Pine Preserve and right-of-way for Quantum Lane; East - Right-of-way for High Ridge Road and farther east vacant Quantum Lots 81 & 82 zoned PID/(OIC); and West Quantum Park Water Management Tract "Q" Site Characteristics: Proposal: The subject site is currently vacant and cleared of all vegetation. The applicants, Quantum Lake Villas II, Inc. and Quantum Park and Village L.L.C. are proposing a mixed use project consisting of 234 rental apartments and 132,032 square feet of office and retail useS. The project will be loCated on approximately 26 acres south of Gateway Boulevard and west of High Ridge Road in Quantum Park (see Exhibit "A" - Location Map). The lots are designated Mixed Use on the Quantum Park DRI Master Plan. The rental apartments will be a continuation of the Villas at Quantum Lake project directly to the south. A Master Site Plan was submitted in accordance with Chapter 2, Section 7, P. and constitutes this review (see Exhibit "B"). The Master Site Plan is'conceptual, establishing the general development parameters for the project. The project will be built in phases. A more detailed Technical Site Plan will be required for each phase. The Technical Site Plans will be reviewed by the TRC and receive a Development Order from the Developme~--~, Director. At that time the applicant will be able to apply for building permits. Concurrency: a. Traffic- A revised traffic statement for this project was submitted and sent to the Palm Beach Page 2 Quantum Village South Master Site Plan Staff Report Memorandum No. PZ 02-171 b. Drainage- Driveways: County Traffic Division for approval, The County has not issued an approval letter for the project..%~.~-~e project must meet the Palm Beach County Traffic Per[ormance Standards prior to receiving a building permit. 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 Technical Site Plan submittal. There is one:new perimeter entrance proposed for the residential portion of the Master Site Plan. The major entrance to this section will be from Quantum Lane. The applicant proposes to abandon the cul-de-sac portion of the roadway and create a gated entrance into the corn plex. The apartments are a continuation of the Villas at Quantum Lake and will have an internal access connection to the existing development. The main entrance for the Villas at Quantum Lake loCated at Quantum Boulevard can also be used to access the new portion of the complex. The commercial portion of the development fronts on Gateway Boulevard and will have three access points along that road. The western entrance will have two lanes for ingress separated byan eight (8) foot landscaped median and one lane for egress. The main entrance will have two lanes each for ingress and egress separated by a 12 foot landscaped median. The eastern entrance will have one lane each for ingress and egress separated by a landscape median varying in width from 10 feet to 20 feet. In addition, an entrance will be located on High Ridge Road. This entrance will have one lane each for ingress and egress. These entrances are generally consistent with the Quantum Park DRI Master Plan locations. There are internal vehicular and pedestrian connections proposed between the co mmercial and the residential portions of the development. Two, one-way, gated vehicular access drives are proposed to allow.the residents into the commercial area: For security reasons, no vehicles from the commercial area can access the: residential complex. Parking Facility: For the residential portion of the proposed site plan a total of 410 spaces are required. The plan provides for 419 spaces. The applicant has calculated parking using the standard formula for one and two bedroom apartment units (1.5 spaces per unit and two (2) spaces per unit respectively) with an additional five percent (5%) of the total allocated for guest parking. Of this total, 130 spaces will be provided in garages and 239 will be provided in the surface lots. The commercial portion of the proposed site plan requires a total of 678 spaces. This is based on the following formulas: retail - one (1) space per 200 square feet; office - one (1) space per 300 square feet; and restaurant - one (1) space per 100 square feet of gross floor area. The applicant is requesting a waiver from the standard parking regulations to" allow an overall parking formula of one (1) space per 225 square feet of gross floor area. Staff supports this waiver request. Parking space dimensions will conform to code requirements of nine feet by eighteen feet with one exception.. The exception is the space provided in front of an enclosed garage space for the apartments. These spaces are proposed to be three (3) feet less than the required 12 feet for these types of spaces. This waiver was approved with the odginal site Page 3 Quantum Village South Master Site Plan Staff Report Memorandum No. PZ 02-171 plan for the Villas at Quantum Lake. Since the proposed apartments shown on this Mast~et Site Plan are an extens on of that deve opment, staff supports this waiver request. The parking PI show a waiver from this and commercial portions of the Master Site Landscaping: The re andscape plan does include a has requested equ potential root objects to the wa ver request. Detailed .landscape plans will be submittal of a technical site plan for each phase. The conceptual site. The applicant for screening Preserve. Cuban )roved because of the For these reasons, staff Also requested is a waiver to exempt additional plant material, above what is required, from the 50% native species reqUired by code. The conceptual landscape plan indicates that 50% of all required plant matedal will be native. The applicant is proposing extensive landscaping and would like. to vary the landscape material. Staff supports the waiver request, r--. The southern boundary of the residential phase borders the Sand Pine Preserve. A 20 fO,_. buffer area is required along this edge and must be planted with only native species that are compatible With the sand pines and their environment. The applicant will comply with this requirement and haSr provided a note on the landscape plan sheet L-1. In ad, substitute a combination six (6) foot masonry wall and bermed e required five (5) foot masonry buffer wall between residential and uses. Since both uses are part of the same Master Site Plan, the buffer alternative is a more appropriate design. Staff supports the waiver request. Building and Site: Community Design: The City Commission adopted Ordinance No. 00-52 amending the Land Development RegulatiOns Chapter 2, so,ion 7, Planned Industrial Developments to allow mixed use pods in a PiD. The 'ordinance outlines special submission requirements, procedures for review, and for waivers from standard development regulations. This application is considered a "master site plan" as defined by the :ordinance. A total of seven (7) waivers are requested in conjunction With this submittal. The list of prOposed waivers is located on site plan sheet A3.0. Justificatic submitted as required (see Exhibit "C"). Ali other building and site be met when ~staff comments are incorporated into the permit drawings. The residential portion of the project will consist of 13, two-story apartment buildings. These buildings are the previously design. Each building contains 18 units ~or a total rail.' The buildings are designed with pastel roofs identical to the approved project. Other fa(;~ windows and textured bandik.. e around the and clubhouse will be Page 4 Quantum Village South Master Site Plan staff Report Memorandum No. PZ 02-171 Signage: The commercial portion of the Master Site Pl~-.; consists of five (5) separate buildings. Three (3) buildings will contain both retail and office uses. These are two story buildings with the retail located on the first floor and th,e,, office ,s, pace above. Building "A" is located at the eastern portion of the site. Buildings "B' and "C will be connected bya courtyard area. Two restaurants, Buildings "D" and "E" are proposed for the western portion of the :site adjacent to and overlooking the lake area. The design of the commercial component will be compatible With the existing and proposed apartment complex to the south. Similar colors and building materials will be used. Several pedestrian and vehicular connections are proposed between the uses. No additional project signage is proposed with this submittal. Signage for this project will be submitted separately for approval. (see Exhibit "D" - Conditions of Approval). RECOMMENDATION: Staff recommends that this site plan request be approved subject to the comments included in Exhibit "D" - Conditions of Approval. There are seven (7) waivers requested With this Master Site Plan approval. Staff recommends approval of all waivers with the exception of the request to use Cuban Laurel hedge material because it is a ficus species and not permitted by code. ~.'l'he Technical Review Committee (TRC) recommends that the deficiencies identified in Exhibit "D" be corrected the set of plans submitted for Technical Site Plan approval and building permit. xc: Central File S:~Planning~HARED\WFSPROJECTS\Quantum Park & Village~SBMP 02-001 south\STAFF REPORT.doc Location Map Quantum Park & Village South Master Site Plan EXHIBIT "A" NIC ![ N IOOQ 0 1000 2000 3000 Feet ~ w ~ S EXHIBIT "B" EXHIBI-i" "B" "-. I EXb iililllll il iil~lllll I j / IBIT "B -i EXHIB 11 B II ! EXHll lIT "B" EXHII~ 'ii' EXHIBIT "B" ' . .~, ,~ ~. . . Iii ~1 ~,~ !!P,,i,,, I I, I'i , ;;' ~l~l I iii ",'"' !' t - ~ ////~ ~ I I-- - · ~ ! ~ .' ,) ,',',i I it EXHIBIT "B" i11~1 I I I EXHIBIT "E '1-1 --I EXHIBIT "B ! - EXHIBIT" .? Quanturn Lake Villas Olen Pum'idential R.eq~. .ty Corp. lhill EXHIBIT '" i II II II II IL__. II il II II /rr - EXHIBIT "C" Ms. Lusia Galav, AICP City of Boynton Beach Planning and Zoning Division 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 August 5, 2002 t .l. l O'b' Request for Waivers - Quantum Park & Village South Side of Gateway Blvd. Lots 62, 63, 64, 65A, 65B, 66, 67A, 67B, 67C & Lot 100 Dear Lusia: We hereby request waivers for Quantum Park & Village, South side of Gateway Blvd., pursuant to the City of Boynton Beach Code of Ordinances - Part III Land Development Regulations - Chapter 2 - Zoning Section 7 - Planned Industrial District and Chapter 2, Section tX - Supplemental Regulations. The following is a list of the requested waivers and supporting documentation: Residential / Commercial / Office · Land Development Regulations Chapter 2 - Section ri. H. I and Chapter 23, Article ri. I. I (En~neering Dra~ving No. B-90013) - Requesting waiver of 2' to allow width of 25' rather than 27' for the back-up dimension for 90 de~ees parking spaces. The request is reduce the amount of impervious (asphalt) areas xvithin the project and allow for more open space. Land Development Regulation Chapter 2 - Section II . H. 2 - Requesting waiver of 3' to allo~v reduction in the minimum 12' width required for the first parking space not within a garage. The 3' reduction allows for-more open space and landscaping and provides uniform parking spaces throughout the project. 1062 Coral Ridge Drive · Coral Springs, Florida (954] 340-4904 · Fax (954) 344-4608 www.olenproperties.com 33071 EXHIBIT "C" Page 2 of 3 August 5, 2002 Ms. Lusia Galav / Request for Waivers - Quantum Park & Village South Side of Gateway Blvd. / Lots 62, 63, 64, 65A, 65B, 66, 67A, 67B, 67C & Lot 100 Land Development Regulations Chapter 2, Section 7. H. 16 - Requesting waiver of 15' to allow front setback of 15' rather that the required 30'; waiver of 20' to allow a side setback of 0' rather than the required 20'; waiver of a maximum of 15' to allow a rear setback of varying amounts up to 15' rather than the required 30' for residential multi-family buildings. The mixed use project allows for varying types of product within the property limits utilizing interconnects,~"perimeter 15' setback is developed for the entire pedestrian and vehicle property, except on the lake area where restaurant bldgs, interface with the lake amenity. Land Development Regulations Chapter 6, article II, Section 3 - Requesting waiver of the requirement ora five foot high masonry wall and/or landscaped chain link fence and/or landscaping between residential and commercial use. A wall / fence / berm / landscaping is proposed between the commercial and residential uses at varying locations. The mixed use project encourages interaction between uses while providing appropriate screening between residential and objectional commercial uses. Land Regulations Chapter 2, Section II, H - Provision of Off-Street Parking Spaces - Requesting a waiver of total required spaces for the retail / office / restaurant uses to incorporate an overall 1 space per 225 square feet. The mixed use project, particularly with the immediate interaction / accessibility of 548 residential units, allows the shared use / off peak availability of parking throughout the project. Land Development Regulations Chapter 5, Section I - Waivers - A waiver of the platting requirement may be considered when the land is to. be divided into no more than two (2) contiguous lots. The request is to subdivide Lot 62 into two parcels; one parcel for Quantum Lake Villas (234 units) and one parcel for Quantum Park & Village, both included in the master plan. EXHIBIT "C" Page 3 of 3 August 5, 2002 Ms. Lusia Galav / Request for Waivers - Quantum Park & Village South Side of Gateway Blvd. / Lots 62, 63, 64, 65A, 65B, 66, 67A, 67B, 67C & Lot 100 · Land Development Regulations, Chapter 7.5, Article II Landscape Code - Requesting a waiver of permitted plant material to allow Cuban Laurel hedge material to be used for screening of equipment and perimeter buffers other than the Sand Pine Preserve. Cd~-d c~0.. If you have nay questions regarding the waivers, please feel free to contact me at (954) 340-4904. [ cc' & VILLAGE, LLC rosen ng Partner Doug McDonald - Quantum Igor Olenicoff- Olen project file Fax (561) 740-2429 Fax (949) 719-7250 \\OLENFL\USERS\SHEILA\QUANTUMXParmership\CorrespondenceX2002\Galav 080502 Request for Waivers.doc EXHIBIT "D" Con(titions of Approval Project name: Quantum Park & Village South File number: SBMP 02-001 Reference: 2nd review plans identified as SBMP 02-001 with an August 6, 2002 Planning & Zoning date stamp marking. ~ DEPARTMENTS INCLUDE REJECT UBL P IC WORKS-. General ~ : Comments.' None X PUBLIC WORKS- Traffic Comments: 1. A traffic signal shall be required at the major driveway connecting this project X to GateWay Blvd. The major driveway is located at the existing full movement median opening within Gateway Blvd. The major driveway is known as the "middle driveway" of this project located along the South Right-of-Way of Gateway Blvd.. The apPlicant, Quantum Park & Village, LLC, its; successors and assigns shall be responsible for the cost of the design and construction of the traffic signal. Quantum Park & Village, LLC, is also the cUrrent landowner of the property north of Gateway Blvd., in the location of the full movement median opening and the major driveway proposed for the miXed-use project currently under review for a similar Master Site Plan Approval upon the property to the north. The Proposed traffic generation and distribUtion from this project shall be included in the annual monitoring (D.O. Condition No.28) report and intersection warrant analyses contained there-in. The proposed development shall be designed to accommodate the installation of a traffic signal at this major driveway. The traffic signal shall be designed and cOnstructed for the ultimate conditions. The design shall be completed and approved by all appropriate review agencies prior to the issuance of the first certificate of Occupancy for commercial/office in Quantum Park & Village that will have access t° the major driveway upon full buildout. The traffi~ signal shall be activated when ~varranted. In addition, the traffic signal mast arms and controllers shall be constructed prior to the first Certificate of · OccupanCy of the northern commercial development. At such time, pending County apprOVal, the signal shall be set in a flashing yellow condition for the Gateway ~lvd. through traffic and a flashing red cor~ciition for the connecting driveway(s), UTILITIES Comments: . 2. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all prOposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in the CODE, Conditions of Approval i:-? 2 DEPARTMENTS INCLUDE REJECT Section 26-33(a). 3. Surety will not be required for installation of the water and sewer utilities, on X condition that the system(s)be fullY completed, and transferred to the City Utilities Department before the first permanent meter is set. FIRE Comments: 4. 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. 5. Design documents must demonstrate compliance with the requirements for X fire lanes that are provided in Section 9-21 of the City Ordinances. Signing and marking are described in LDR Chapter 23 Section B2. 6. Emergency access shall be provided 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 54.3. 7. City Ordinance Section 9-6, 3./7-11 requires approved automatic fire X sprinkler systems throughout all buildings or structures regardless of the type of construction that are in excess of 12,000 square feet per floor. POLICE Comments: 8. Complete Photometric Light Study for both sites, at the time a Technical Site X Plan is submitted for review and apProval. 9. Show placement of Stop Signs on residential site plan at the time a Technical X Site Plan is submitted for review and approval. ENGINEERING DMSION Comments: 10. The subdivision of Parcel #62 will require a re-plat, unless the Engineering X DiviSion accepts documentation for Unity of Title only. DEPARTMENTS INCLUDE I~JECT BUILDING DIVISION Comments: 11. Add to the/each building that is depicted on the drawing titled site plan and X floor plan a labeled symbol that identifies the lOcation of the handicap accessible entrance doors to each building. Florida :AcCessibility Code for Building Construction, Section 4.1 i2, 4.3. ~ 12. Place a note on the elevation view drawings indicating that the wall openings X and wall construction comply with Table 600 of the 2001 Florida Building ' Code. 13. At time of permit review, submit signed and sealed working drawings of the X proposed construction. : 14. To properly determine the impact fees that will be assessed for the one-story X pool house, provide the following: Submit a notarized affidavit on the letterhead of the property owner, company or association. The letter shall list and contain an answer to the following questions. a) Will the pool. house building be restricted to the residents of the entire project only? b) Will the residents have to cross any major roads or thoroughfare to get to the pool house building? c) Will there be any additional deliveries to the site? d) Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant shoUld request that the county send the City a copy of their determination of what impact fees are required for the clubhOUse/lease office building 15. Add to each building that is depicted on the site plan drawing a labeled X symbol that identifies the location of the proposed handicap accessible units. Add to the drawing the calculations that were used to identify the minimum number of required units. Also, state the code section that is applicable to the computations. Show and label the same units on the applicable floor plan · drawings. Compliance with regulations specified in the Fair Housing Act is required (Federal Fair Housing Act Design and Construction Requirements, 24 CFR 100.205). 16. On the floor plan drawing, identify the location of the mechanical room, X electric room, trash room, and mailbox pickup and delivery area. 17. Add to all plan view drawings of the site a labeled symbol that represents the X location and perimeter of the limits of construction proposed with the subject request. 18. Add to the floor plan drawing of the pool house .a breakdown of the floor X area. The area breakdown shall specify the total area of the building, covered Conditions of Approval 4 ~ DEPARTMENTS INCLUDE REJECT area outsi~, covered area at the entrances, total floor area dedicated for the clubhouse and other uses located within the building. Specify the total floor area thatis air-conditioned. Label the use of all rooms and floor space. PARKS AND RECREATION Comments: 19. Since this development is classified as a multi-family development, the City X charges the applicant an impact fee of $656 per dwelling unit. The park impact fee for the 234 units would be $153,504. 20. Submit detailed irrigation 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 location of any existing irrigation in the right-of-way at the time a Technical Site Plan is submitted for review and approval. FORESTER/ENVIRONMENTALIST Comments: Existing Sand Pine Preserve 2l. The applicant should install only native Sand Pine compatible landscape X vegetation along the existing Sand Pine Preserve perimeter of the site. 22. The applicant should minimize the existing/new grade elevations along the X existing Sand Pine Preserve perimeter of the site. This may have to be accommodated with construction of a retaining wall along the perimeter. PLANNING AND ZONING Comments: 23. No portion of the development may drain into the sand pine preserve area. X 24. Submit Roadway & Easement abandonment request for the cut-de-sac on X Quantum Lane. Abandonment must be recorded prior to issuance of a building permit for the residential portion of the project. 25. Submit abandonment request for the 12 foot utility easement between lots ' X ~64/66 and 65-A/67-A and the 12 foot drainage easement between lots 63 and 62. Abandonment and rededication of these easements must be recorded prior to issuance of a building permit for the project. DEPARTMENTS INCLUDE REJECT 26. The required parking for the project is 678 spaces including 14 handicap I X spaces. A total of 606 parkir~g SCaces are provided. Please revise the plan or i r~qUest a Waiver for pa~king l~rsuant to Chapter 7.5, Sec.7P and Cha~ter 2, Secti°n i1.H. w~ER:R~QUES~D. JUSTIFICATION PRo~ED FOR THIS CODE DEVIATION. 27. The landscape code requires that 50% of all landscape material will be native X Vegetation. (chaPter 7i5, Art 1I, Sec~ 5P.) WAIVER ~QUESTED. ' JuSTIFICATIOiq pROVIDED FOR THIS coDE DEVIATION., 28. Final landscaping will be determined at the time of technical site plan X approval for each phase.. 29. Applicant proposes to deviate from Engineering Standard Drawing B-900 3 X b~ ¢rohding ~ve aisles at 25 feet in width, not 27 feet as required. All off- street parking areas shall conform to the design and layout requirements of I Chapt~ 23 {j~the City Of:Boynton :Beach LDR and slmll be approVed according to the procedures contained therein. [LDR Chapter 5, Section H.I.I WAW~I~ KEQIJESTED. JUSTIFICATION PROVIDED FOR :THIS CODE DEVIATION. 30. Indicate the color schemes (by manufacturer name and number) to be used on X the reSidential and commercial office elevation sheets at time a technical site plan is submitted for.approval. 31. Sign program to be approved as Modification of the Master Plan. Planning X & Development Board and City Commission approval is required. 32. Provide a letter of approval from the Quantum Park Architectural Review X Committee prior to the Planning & Development Board meeting. 33. Palmof a bUildingBeach CountypCmfit. Traffic Engineering approval is required prior to issuance X For all required residential district parking spaces not within an enclosed X 34. garage, the first parking space shall be a minimum of 12 feet wide and 18 feet long, exclusive of public or private right-of-way. [LDR Chapter 2, Section 11.] WAIVER RI2QUESTED. JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION. 35: The building setbacks for this site do not meet the PID district requirements X of: Front, tl~rty (30) feet; Side, twenty (20) feet; Rear, thirty (30) feet. (Chapter 2, Section 5.H. 16). WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION. 36. The project must obtain approval from the School District of Palm Beach X County regarding school concurrency prior to the issuance of a building permit. 37. The Land Development Regulations Chapter 2, Section 4L. reqUires_ a buffer X wall to be provided between residential and non-residential zoning districts. In this case, the zoning district for all parcels in Quantum is the same, PID. In Cha~ter 6. Article III. Section 3 there is a reauirement for subdivisions to Conditions of Approval 6 DEPARTMENTS INCLUDE REJECT separate residential from commerciz:~ ind industrial development with a five (5) foot masonry wall or landscaped chain link fence. The applicant is proposing a combination six (6) foot: masonry wall and landscape buffer. WAIVER REQUESTED. ~USTIFICATION PROVIDED FOR THIS CODE DEVIATION. 38. The landscape code (Chapter 7.5, Article II, Section 5H.) prohibits the X planting of Ficus species. The applicant proposes to use "Cuban Laurel" hedge material for screening of equipment and perimeter buffers other than adjacent to the Sand Pine Preserve. WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION. 39. Prior to building permit, applicant must submit Technical Site Plans for each ~ X phase (Chapter 2, Section 7.P.). ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 40. Add the following language to Conditions #11, #16, #17: "to be provided at X time of Technical Site Plan submittal." 41. Deny waiver request for the use of Cuban Laurel Plant material (reject X Condition #38.) 42. Reject Condition #32 - Applicant submitted letter from Quantum X Architectural Review Committee. 43. Reject Condition #36 -PrOject is vested regarding school concurrency. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Quantum Park & Village\SBMP 02-001 south\COk.doc DEVELOPMENT ORDER OF THE CITY COMMISSION: OF THE CITY OF BOYNTON BEACH, FLORIDA' PROJECT NAME: Quantum Park & Village South APPLICANT'S AGENT: Eugene Gerlica, P.E. Quantum Limited Partners, LLC ,APPLICANT'S ADDRESS: 2500 Quantum Lakes Drive Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 3, 2002 .TYPE OF RELIEF SOUGHT: Request New Site Plan approval for 132,032 square feet of commercial use and 234 rental apartments in the Quantum Park DRI. LOCATION OF PROPERTY: South of Gateway, West of High Ridge Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of 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 "D" 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\Quanturn Park & Village\SBMP 02-001 south~DO.doc City Clerk VII.-CONSENT AGENDA ITEM D.3 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] Septcwnber 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 (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 (N _.o_..o~... ) [] Administrative [] Development Plans [] Consent Agenda [] New Business crv [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation c.~ [] City Manager's Report RECOMMENDATION: Please place this request on the September 3, 2002 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 7 to 0 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-169. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: VILLAS AT QUANTUM LAKE Mark Hansen-Olen Properties Villas at Quantum Lakes Inc. Quantum Lakes Drive (Lot 101) Request for a waiver for a technical site plan m a mixed use pod within a Planned Industrial Development (PID) to allow a drive aisle width of 24 feet in lieu of the required minimum of 27 feet fo the back-up dimension for 90 degree parking spaces. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A '~~l!~vel~prr~l~ e~p~art~e~7~t Director -r ~i~Manager's S~gnatttre City Attorney / Finance / Human Resources SAPIanningXSHARED\WP~PROJECTSWilIas at Quantum Lakes aka Grotto Bay\Waiver-Back-up DimensionXAgenda Item Request Villas ~ Quantum Lake 9-3-02.dot SABULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-169 PLANNING ANE N August 19, 2002 ' ' DESCRIPTION OF PROJECT Project Name/No.: Villas at Quantum Lakes (f.k.a. Grotto Bay) Lot 101, MSPM 01-002 Property Owner: Villas at Quantum Lakes, Inc. Applicant/Agent: Mark Hanson, Vice President Location: Lot 101 Quantum Industrial Park Land Use/Zoning: Industrial/Planned Industrial Development (PID) Quantum Park DRI Master Plan Land Useis Mixed Use - (MU) Type of Use: Residential Multi-family BACKGROUND In February 2000, the Quantum Park DRI Development Order Amendment #10 changed the land use designations for parcels 59 - 67C to allow "mixed-use", which permitted office, commercial, and residential uses. Later that year (December 2000), the City of Boynton Beach approved a site plan for the Villas at Quantum Lal< (f.k.a. Grotto Bay). The site plan included 18, two-story buildings containing 271 rental apartment units. ~.. · November 6, 2001, the City Commission adopted Ordinance No. 01-54 approving Amen(~ment #12 to the Quantum Park DRI. Changes were made to the Quantum Park Master Plan that included the elimination of a portion of Quantum Lakes Drive resulting in the creation of Lot 100 and Lot 101. Lot 101 is directly west of the multi-family residential project (Villas at Quantum Lakes), which is currently under construction (see Exhibit "A" - Location Map). Earlier this year (2002), the project was modified to include the construction of three (3) additional two-story apartment buildings containing 42 rental units. This request for the drive aisle width reduction pertains to Lot 10t. The proposed drive aisle is currently a portion of the right-of-way for Quantum Lakes Drive. The waiver request is to reduce the required width of the drive aisle (parking back-up area) from 27 feet to 24 feet, which would match the back-up dimension approved for the first portion of the project. ANALYSIS In accordance with Chapter 2, Section 7, Technical Site Plans, mixed-use pods in a PID may include waivers from the standard development regulations. Six (6) of the original eight (8) waivers for the major site plan modification (MSPM 01-002) were approved with the addition of Villas at Quantum Lake. Those waivers were indicated on a list on the site plan (see Exhibit "B" - Site Plan). Quantum Lakes Drive is an existing local loop road off of Gateway Boulevard. The right-of-way is basically a semi-circular roadway that runs in a north-south direction. The replat (Plat No. 6 Replat No. 1) Created Lots 100 and 101 and abandoned Quantum Lake .Drive in this area. The roadway now terminates at the entrance of the proposed mulit-family development. The asphalt of the southbound portion of the roadway will be developed buildings and their respective driveway areas. The southbound portion of the roadway will be maintained in,. current state to become the main drive-aisle for the project. The plans showed the subject drive aisle proposed at 24 feet in width when the Villas at Quantum Lakes (MSPM Page 2 Villas at Quantum Lakes Waiver Memorandum No. PZ 02-169 u1-002) major site plan modification was approved. The new waiver request was not advertised and the original 25-foot waiver was applied to the site plan addition. The width (24 feet) is consistent with the internal drive aisles frOr the other portions of the Villas at Quantum Lakes development currently under construction. The Engineering Division determined that the reduction in the drive-aisle width would have not have a negative impact on the development. CONCLUSION Staff recommends approval of the waiver request for the width of the drive-aisle for the Lot 101 addition to be reduced from 27 feet to 24 feet. xc: Central File S:~=Ianning\SHARED\WP~PROJECTS\Villas at Quantum Lakes aka Grotto Bay~Waiver-Back-ul3 Dimension\Staff Report. doc LOCATION 'MAP Villas at Quantum Lake EXHIBIT IN CITY M1 R! 1/8 MILE 400. '~00 FEET I I I I I I I I I I I I I I i lllm! ii Requested City Commission Meeting Dates [] August 6, 2002 [] August 20. 2002 [] September 3, 2002 [] September 17, 2002 VIII. CITYM ' ' ' ANAGER S REPORT CITY OF BOYN~ON BEACH ITEM A AGENDA ITEM REQUEST Date Final Form Must be Turned in to 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 FinalForm 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 Report 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. 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:'d~ULLETIN",FORMS~,AGENDA ITEM REQUEST FORM.DOC CITY OF BOSTON BEACH AGENDA ITEM ~QUEST FORM ALTERNATIVES: Not to allow the presentati°n to be made. Department Head's Stg~. ature ~ature Utilities Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSL'kGENDA ITEM REQUEST FoRM.DOC Irrigation Restrictions Palm Beacfl County Ordiha.n.~ g3-3 re. stflc~ ~gatlon of any residential, comme~al, Institutional, govemmerrtal or Indus- trial landscape areas to the hours off 5 p.m. to 9 a.m. Exemptions to this ordinance lndude: * Landscape trrkJa~on by hand ~terlng using a self-canc~lllng no~le ,, l~ndscape Irrigation ustng.rectalmed water (purple pipes) · Operation of Irrigation systems for system mpalr and mainter~nce o Flushing water mains ~or matmenance purposes , ~aterlng newly' plant~ grass and follage for the tim 45' d~s after lns~llafion o irrigation for dus~ emlsslo~s as requtred by court or administrative * AgricuKx~ml lrrlgatlon with a water use permit For addiflo~l lnf°rmatlo~, contact the Public Affairs Department. at 35~i-2754. 4 G 7 '10. 17 ~0 ~4 30 local g~va~in~ ~o~i~s wl:~h enEercinq c~un~y c~des and or~fliinces:, through ~h~ use o~ a cl~4tio~ s~ste~ and ~H~A$, Ordinance Ordinances: aAd lrrEg~L~on Conservation Ore,nonce; and wa~er resQ~rce~ o~ ~he County, ~ZSSlO~g OF PA~M BEACH CO~, F~IDA. ~hat: 1.0~ All prov~ion~ ~cov!ded. nothiflq in ~his Ordinance thy person ~rom co~pliance w~ch any lpp~cable regulations enac~ 4 ~0. 27 ~0 3~ i'.03 'This Ord~n&n¢~ i~ adopted undtr t~. l~tho=~ty of Ch&r~er. Peln ~etch Count~. 3.01 The fo~lowlng de~in~C~ons sh~ll appl~ within this (a) A~ricul~t~. The gcowing o~ £1r& products including, but floc l~ited ~o, sugar ~ane, v.e~et~bleso ci~ru~ ~nd o~er ~ruits,. Pasture land. sod or nursery sCoc~ including, b~t act l~mi~ed to, (b} '- : :_~orc ~ -_ ?~Icer/code !n!~tor, Any a~thori~ed agent or e~P~oYee o~ ~hs County w~ose ~u~ ~s ~o ensure ~oap2£anCe with the Provisions o~ this Ordinance. including; but not l'iniCed to, law en~orce~emt oe~tcer~ and designated e~Plo~eea of the De,attaint cZ Znviron~e~Cal Resources ~ana~amsnt, Cable~ev[sion, Cc} ~,.~e_rvious, band set'faces which do not alloy the Penetration o~ ~ter includ~n~ paved roads, sidswe1~, d~/vevaya, P~rking lots ~nd highly comp&cted area& lncludin~ shell or cla3. ether ~han 'prec~p£eatLoa, w~e~ to Plente be~g irriga~e~ includ~ng. ~ not limited to $ X~ L& 34 3O ¢O~bini~O~ sC suGho ~oi~i~ O~ ~is~ed, incl~dln~., but ~o~ limited to, unnecuss~rY watering i~pervious &re~, other cBe~.ch&~ ~hich may occur i~cl~en~al ~o 4,03 Upon G~e eE~ective date o~ ~is Or~lnsnce, new vi~h 4 v&~er sensing device =hich rill eu~o~ttiC&l~M ir~igt~ion during perloda o~ ral~:~ll. of this Ordinince~ s.ol ~sndsca~e-irrigation ~¥ hamd ~atecing using · O&Ace~g nozzle. 5.02 ~an~scspe irrigetion by ~yace~ fro~ ~hic~ ~he sole 5.03 The operLtion o~ irri~a~ioa syskems ~or s~ste~ repair f 6 7 14 ~0 '~owevsr, ~here ~r~ccical, contractors and l~m~ted to nsnufac~ure~0~ re¢o~mendat~ofls. o~ ad~Lnis~r~tive ~¢Cion. t.O1. Failure ~0 co~ly WiC~' th~ require~en~l o~ this Ily bi p.u-qished 41 ~ovided b~ Section I~5,t~(1), ~lorl~tatu~es, 6.0~ ViOli:ion~ ~1 the ~rov~sion$ o! this ordinance ~a~ ·leo be punished, pu~auan~ co Section 162.~I, ~iorid· ICatutis, as · hued'red toll·~s ($500.00), ss set £o~tl in Ordininoe ~u~ber es ·~ended - ~he Code sn~oreemen~ citation ~ystem Ordinance. 4 5 3.3 1.4 34 26 gora var£a~c~, ~ co~p~lsnce wau~d impose a V~que, unnece~s~ or appall shill be ae~ bM cer~ig~ ~ail~ return 7.02 Upon received an mppllcat~n gcr variance, the twenty (2o) da2s ~f s~ch perscn'~ race,pc o~ ~he no~ice ol ~.03 A~ iPplic~cion for ptndimg en~orcemem~ $gCio~ ~gein~ Sec~oa ~. ~g?gA. 0.- ~A~_ · 14 Section 9, Piri~ o~ tha code 0£ ~ewv and O~dJA&ACes ~£ Pa~n Be&ch COVn~, chan~ed ~o 'seccio~,':"ar~lcle,- or ray O~er appropriate word, 15 17 the ~9~h da~ APPrOVeD AS TO FORH AND receive~ on cae 8}h day ot .Feb~u~r~ .... lg ~ . , at i~:31 A.~. and tiled in the Office et t~'C2er~ o~ the Soar~ o~ County Cbamissio~e~s of Pal,'Beach County, Florida. CITY OF BOYNTON BEA( AGENDA ITEM REQUEST F XII. - LEGAL ITEM A. 1 Requested City comrmssion Mectina Dates [] August 6, 2002 k_, August 20, 2002 R September 3, 2002 - [] September 17, 2002 - Date Final Form Must be Turned in to City Clerk's Office July 1% 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Date~ [] October l, 2002 [] October 15, 2002 [] November 6. 2002 [] November 19, 2002 Date Final Form Must be Turned in to Ci~ Clerk's Office September 16, 2002 (Noon) September 30. 2002 {Noon) October la,, 2002 (Noon) November 5, 2002 NATURE OF AGENDA ITEM RECOMMENDATION." [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearmg [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report Staffrecommends that the City of Boynton Beach adopt the Boynton Beach Administrative Amendments to the 3001 Florida Building Code. EXPLANATION: 2.2 To meet the requirements of Florida Statute 553, allowing contractors and developers that work in Palm Beach C .o~_~ty tO, · have consistency in code application when coming m do work in Boynton Beach. :. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Apply the Florida Building Code without the Administrative Amendments tailored t~ the specific requirements of the City of Bo~,nton Beach...... ~4/ Qumtus~/. Gr~n~ Development Director ) ~it3;Md~ager's Signature Development Department Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSX, AGENDA ITEM REQUEST FORM.DOC ORDINANCE 'NO. 02-O'~'"! AN ORDINANCE OF THE C~ COMMISSION OF THE CITY FLORIDA, AMENDING LAND N D ANI 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 in said 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 CTFY OF BOYNTON BEACH, FLORIDA, THAT: ~: 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 S,t~ndc~ Florida Building Code 2001, Gas a~t,-Mechanicai and Plumbing Codes, 1997 2_~Edition, and the 1999 National Electrical Code including future editions or revisions as adopted by the City, are hereby adoptd as the minimum Building Code for the City of Boynton Beach. Be ]'.. Admln~strati6n~?as descnbed, m~,~.,,,.,. ~ .t~chcd Chapter ~ ..... : '~ ~:~'~?'~":~'~ ...... ' .... ' ~"~'~* * - tc C.~ ..... ,,~ ~n, ~ ~. the ~ynton ~ach Amendment. and iS inco~o~ted ;s if herein -~-~ ~-~' ~ *~- '~" in ~e~.~,~*-'~'~,~, ~ Florida Building C~e 2001, Gas, ~,~-~,~ H~hani~i and Plumbinq Codes, ~ 200[ Edition, and ~e . ....... ~ ...... ~,,,~ ~, ..., ~,.,~,, 1999 National Ele~rical C~e. The City of Boynton Beach Administrative Amendments to the :,f ~'"-";",,,., ~.,,,. 200]. Florid,~ Building Code. Plumbin~l,_ ~echanicai. q;~$ and :[999 National Electrical Code are attached and incoroorated in this document and made a part hereof. D. All construction regulation fees... ~ 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. ~ 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. ~. Authority is hereby granted to codify said Ordinance. ~ This Ordinance shall become effective immediately upon passage. RRST READING this ~.0 day of August, 2002. SECOND, FINAL. READ[NG and PASSAGE day of September 2002. C~Y OF BOYNTON BEACH, FLORIDA Vice Mayor Commissioner Commissioner City aerk Commissk~ner (city Seal) s:ca\OmLAmds to 2001 Iq(xt~ Bud(lng Ode O8O9O2 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" 101.1 ~COPE The provisions of this chapter shall 101.2 TitLE The provisions _of the 1 "Administrative Code CHAPTER 1 ADMINISTRATION 101 GENERAL and enforcement of the Florida hal Electrical COde, hereinafter or local jurisdiction. and be known and cited as the th~ thl insta shall be construed to secure health, and general welfare , and safety to life and ~ment including alteration, repair, and by regulating the ~mbing systems, which may be ~ control of materials and workmanship is not within the p~view 101.3.3 PERMITrlNG AN ! IN: plan as a jurisdiction nor any hazardous or illegal condition of any component of such or permitting of any building, system or shall not be construed in any court plan or their adequacy. Ne This tort for damages for any defect or -- uch building, system or plan, nor ~or any failure of ) such inspection or permitting. 101.4 APPLICABILITY 101.4.1 GENERAL. Where, in any specific case, different sections of this code specify different material: or other requirements, the most restrictive shall govern. Where there is a conflict between a irement and a specific requirement, the specific requirement shall be applicable. 101.4.2 BUILDING. The provisions of the FlOrida Building Code, as amended herein, shall apply to the constructiOn, alteration, repair, equipmentl' 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 Ftodda Buiidinq Code does not apply to, and no code enforcement action shall be brouqht with respect to, zonin.q requirements, land use requirements and owner specifications o, proqrammatic requirementsw~ich do not pertain to and qovem the desiqn, construction, erection, alte~atlon, modification, repair or demolition of public or pr{rate buildinqs, structures or facilities or to proqrammatic requirements that do not pertain to enforcement of the Florida Buildinq Code. Additionally, a local code enforcement aqen~ may not administer or enforce the Florida Buildin.~ Code, Buildin.q, to prevent the sifinq ofany publicly owned facility, inclUdinq, but not limited to, correctional facilities, iuvenile iustice facilities, Or state univerSities, community colleqes, or publiu education facilities, as provided by law. In addition to the requirements of this code, other aqencie~. have adopted requlations affectin.q buildin.q desiqn and construction. These are as follows: S..!Develof~ment~ORDINANCES & AMENDMENTS~2001 Administralfve Code Exhibit A.~loc OTHER AGENCIES TOPICS REGULATED Federal & State DEP: Wetlands Permittinq State Health Department: Wells&:~Sel~'tic-S~tems ....,~ .... Flodda Department of Business Requlation: Restaurants Contractor Licenses South Florida Water Manag'=ment Lake Worth Drainaqe District State DEP& Army Corp of Enqineers Lakes., Canals, Ponds, Intracoastal Waterway 101.4.2.2 In addition to the 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, Florida 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, Flodda Statutes and the certification requirements of the Federal Government. 101.4.2.3 Residential buildin.qs or structures mo~ed into or within a county or municipality shall not be required to be brou.qht into compliance v~th the state minimum buiidinq code; in force at the time the buildinq or structure is mo~ed, orovided: 1. The buildin.q or structure is structurally sound and in occupiable condition for its intended use; 2. The occupancy use classification for the buildinq or structure is not chanqed as a result of the move; 3. The buildinq is not substantially remodeled; 4. Current rire code requirements for in.qress and eqress are met; ,=, $. Electrical, qas and plumbinq swtems meet the codes in force at the time of construction and are opera~onal and safe for reconnection; and 6. Foundation plans are sealed bya professional enqineer or architect licensed to practice in this state, if required by the Flodda Buildinq Code, Buildinq, for all residential buildin.qs or structures of the same occupancy class. 101.4.2.3.1 The buildinq official shall apply the same standard to a moved residential buildinq or structure as that applied to the remodelinq of any comparable residential buildinq or structure to determine whether the moved structure is substantially remodeled. The cost of the foundation which the moved buildinq or structure is placed shall not be included in the cost of remodelin.q fo, 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 Aqdculture and Consumer Services to inspect amusement ddes or the Depar[ment of Insurance to inspect state-owned buildinqs and boilers. 101.4.3 ELECTRICAL. The provisions of thc Hot,c:31 E!cctr!"..cl Ccd3 Chapter 27 of the Florida Buildin.q Code, Buildinq, adoptin.q the National Electrical Code as amended herein shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, 'fixtures, rittings and appurtenances thereto. 101.4.4 GAS. The provisions of the St-~:dcrd G=c Ccd3 Flodda Buildinq 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 v._..--.-~*""'~""~ ...--. ,-...--. ~ ~'"~'"";""' r....,~__ ..., Flodda Buildinq Code 1 Mechanical1 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:~Develo~3rnent~ORDINANCES & AMENDMENTS~2001 Adrninis~atJve Code Exhibit A. doc ~ systems. 101.4.6 PLUMBINGi The provisions of the Stc.".d=rd o,,,,,~,~.,,,,. .....= r-,,,~,,..._... -.......-~l,~,i~= ~u_ din,~.~ Code, Plumbinq, shall apply to every plumbing installation, including alterations, repairs, replacement, equipment, appliances,': fixtures, and when connected to a water or sewerage system and all aspect·, 101.4.7 FEDERAL AND STSc' AUTHORITY. The provisions of this code shall not be held to deprive any Federa cable governing any leg · leprive any ndiv dual or corporation:of its 10 The units shall be Where code Permissive and advisory Jrement is applicable to the inch-pound units are related to accessibility, refer to Chapter 11, of the related to enerq¥, refer to Chapter 13 of the Florida Buildin.q 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. Ali code officials em ployed by the division shall be certified in accordance with Chapter 468, Part Mil, Flodda Statutes. 102.2.1 BUILDING OFFICIAL QUALIFICATIONS. The building official shall have at least ten years combined eXpedence as an architect, engineer, construction co;:le offiCial, contractor or construction · sUPerintendent with at least :five years of such experience in supervisory positions. The bui ding 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 removed by tl~e aPplicable governing authority in conformance with Florida law. 102.2.2 CHIEF INSPECTOR: QUALIFICATIONS. The building official, with the approval of the governing authority, chief inspectors to administer the provisions of the Building, Plumbing Codes. Each chief inspector shall have at least ten s an architect, engineer, construction code official, contractor or co~ years of such experience in supervisory positions. The for the appropriate trade by the State of Florida. S:~DevetoomenAOF~DINANCES & AMENDMENTS~2001 Adrninis~'ative Code Exhibit A.doc 102.2.3 PLANS EXAMINER & INSPECTOR QUALIFICATIONS. The building official, with the approval of the applicable governing authority, may appoint or hire such number of officers, plans examiners, nspectors, assistants and other e~pl0.yees_as shall be authorized from time to' time. A person shall not be appointed or h. ired at ~'pi~~'[n~~ 0'r~i~'spect~r 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 Flodda 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 building official, 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 employee 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 n 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 former 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 against 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 leqai 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 spidt 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 in 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:~Devetoi~ment~ORDINANCES & AMENDMENT$12001 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 rec.~urse t° every remedy provided by law to secure entry. ave first obtained a proper inspection warrant or other is in,' pursuant to this code. pi work on mmediately cease. or to their agent, or to the , gas, mechanical or rous or the ,1( was based. 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 systems for which the permit was issued is in violation of, or not in conformity witl' code. All UI systems E BUILDINGS OR SYSTEMS electrical, gas, mechanical or plumbing' systems which are unsafe, provide adequate egress, or which constitute a fire hazard, or are otherwise ~uman life, or which in relation to existing use, constitute a hazard to safety or health, I unsafe buildings or service systems. All such unsafe buildings, structures or service , declared illegal and shall be abated by repair and rehabilitation or by demolition 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, n accordance with established' procedure for legal notices, give the owner, agent or person in control of such building, structure, electrical, ga~, 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, sl~ucture, 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 cause to be posted at each entrance to such building a notice stating: THIS BUILDING I$ 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 corp(~ration or its officers, agents, or other servants, to remove such notice without wdtten permission of the building official, or for any S3Develoi~ment~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc person to enter the building, or use such systems except for ~the purpose of making the required repairs or of demolishing same. 103.5.3 APPEALS; The owner, agent'or person i:'~ '~t~r0i"S'~ii'~;~ve the right to appeal any decision of the building (~fficial, 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, mechanical or plumbing system: or portion thereof to be demolished, secured, or required to remain ~acant 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 propertyof 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 maydeem 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 the owner of the premises inVolved. If Charges are not paid within a ten business day pedod following the ~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 limited to, all administrative costs, postal expenses, newspaper publication, and shall constitute a lien upon 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 enforceabler if unsatisfied after the expiration of two years after the date of filing notice of such lien, as other liens may be enforced by the governing agency. No lien created pursuant to the provisions of this ordinance may be foreclosed on real property that is a homestead under Article X, Section4, of the Flodda 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, cladfy, or set procedures to accomp!ish the intention of thiS code may be set in wdtin.q by the buildinq 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 matedal or method of construction not Specifically presCribed by them, provided the building official has reviewed any such alternate. The building ~)fficial shall apProve any such alternate, p~'ovided the building official finds that the alternate forr the purpose intended is at least the equivalent of that prescribed in the S:~)evelol3rnent~ORDINANCE$ & AMENDMENTSt2001 Administra~ve Code Exhibit A.doc [; technical codes, in quality, strength, effectiveness, fire resistance, durability 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 deS~.i'es to construct, en alter, repair, move, demolish, or change the occupancy of a building or structure, or to such licer techl al or A permit shall be required for, but not imitedto, the fol owing as determined bythe building official: erect, e, alter, move, remove, relocate, demolish or any elecffical, mom ~the canopies ng more or similar i ~n receiving- pool, or spas, above or below ground, unless otherwise or m nitrous oxide, or similar liquid round in a capacity of or resurface asphalt or concrete driveways, parking areas, water craft, and t~ smoke 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 with the manUfacturer's specifications when not in conflict with this or the technical Codes. Exemption from the permit requirements authorization for any work to be done in any manner in' or the technical codes or any other laws or ordinances of the ~ be deemed to grant sions of this code lble governing body. S..~Develo~rnent~ORDINANCES & AMENDMENTSt2001 Adrninistra#¥e Code Exhibit A.doc structural inteqrity of the roof. ': Mechanical. Permits may-not be req~ired~for~"therfOllowing~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 or less. Electrical, Gas & Plumbing. In a one and two-family dwelling, a permit may not be required ~'or the following: 1. Repair, iastallation or replacement of common household fixtures to existing energy supply lines and outlets. E~isting energy supply 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 .$ WORK AUTHORIZED. A buiiding, electrical, gas, mechanical or plumbing permit shall carry with it the dght to construct or install the v~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 specifications 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 official 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 parts 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 information 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 alter the date of filing for the permit, unless before then a permit has been issued. One or more extensions of time for pedods of not more than 90 days each, not to exceed three extensions,, may be allowed by the building official for the application, provided the extension is requested in writing and justifiable cause is demonstrated. After the third extension, appeal may be made to the Buildinq 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 ef oroduct_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:~evelo~ment~ORDINANCE$'& AMENDMENTS12.001 Administrative Code Exhibit A.doc f~ 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 i ~. All information, signature of the pE 104.2.1.' describe construction documents shall illustrate, flashing ~ and a documents. OI DATA. The building official may require details, computations, stress to describe the construction or installation and the basis of All drawings, specifications and accompanying data required by the building official to be prepared byan architect or engineer shall be afixed-wi{h their official se~l. 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 engineering'an, :1 shall affix an official seal to said drawings, specifications and accompanying data. For all other` bu Idings and structures, the submittal Shall bear the certification of the applicant that cites a specific state law exception that permits its preparation bya person not s° regi~tere~ , contractors authorized under the provisions of 489.115(4)(b), a one,and two-family dwellings. Local enforcement wind resistance for by ; code for may Flodda EXCEPTION: One and two-family may not reqUire a registered architect or engineer, or a certification that an provided that the entire dwelling a by the governing authority. This exception { granted in Section 104.2.2 or elsev~here in this code. 104.2.4 STRUCTURAL AND FIRE RESISTANCE INTEGRITY. Plans for ali buildings shall indicate 'how required structural and fire resistance integrity will be maintained where a penetration of a required fire resistant wall, floor or partition will be made ical, plumbing and communication conduits, pipes and systems. Such plan detail how the fire integrity will be maintained where req extedor was and where joints occur in required lire resistant construction assert' es. 104.2.5 SITE DRAWINGS. Drawings shall show the location of the proposed 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. Surveys shall be prepared in accor(~lance with p~'ovisions of Chapters 177 arid 4'~2 Florida StatUtesl and Rule 61 G1 ~, Flodda Administrative Code. S:~Develoornent~ORDINANCES & AMENDMENTS12001 Administrative Code Exhibit A.doc (3 104.2.6 HAZARDOUS OCCUPANCIES. The building official"may require the following: 1. General Site Plan. A general siteplan~drawn~at~alegible, scale which shall include but not be limited to, the location of all buildings, extedor storage facilities, permanent access ways, evacuation routes, parking lots, internal roads, chemical loading areas, equipment cleaning areas, storm and sanita~ sewer accesses, emergency equipment and adjacent property uses. The exterior storage areas shall be identified with the hazard da?es 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, all ha~rdous materials storage facilities within the building and shall ~ndicate rooms, doorways, corridors, exits, fire rated assemblies with their hourly rating, location of liquid 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, ;/icinity maps, profile sheets, key plans and the like may be at smaller scales' acceptable to the building 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, specific.lions, 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 la~.s or ordinances. EXCEPTIONS: 1. Buildin,q plans approved pursuant to Section 553.77(6), Florida Statutes and state- approved manufactured buildinqs are exempt from local codes enforcinq aqencv ola~ reviews except for provisions of the code relatinq to erection, assembly or construction at th~ site. Erection, assembly and construction at the site are subject to local permittinq and inspections, and this would encompass the tie-down of manufactured buildin,qs. 2. Industrial construction on sites where desiqn, construction and fire safety are oupervised by appropriate desi,qn and inspection professionals and whiCh contain adequate in-hous~ fire departments and rescue squads is exempt, subject to Io¢41 qovemment option, review of plans and inspections, providin,q owners certify that aPplicable codes and standards have I;ccn met and supply appropriate approved drawin,qs to local buildinq and, fire-safety inspectors; 104.3.1.1 MINIMUM PLAN REVIEW CRITERIA FOR BUILDINGS. The examination of the documents by the buildin,q official shall include the followinq minimum cdt.da and documents; a floo~ · plan, site plan, foundation plan, floor/roof framin,q plan or truss la~out and all exterior elevations: Commercial Buildings: Buildina 1. Site Requirements .oarkln.Cl · fire access · vehicle Ioadin.q · ddvin,qlturninc~ radius. · fire hydrant/water supply/Post Irdicator Valve (PIV) · set back/separation (assumed property lines) · location of specific tanks, water lines and sewer line .s S:~Develooment~ORDINANCE$ & AMENDMENTS~2001 Administrative Code Exhibit A.doc 1 ~ 2. Occupancy qroup 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 bllowinq components: efire resistant separations 4 ,~matic ;hall be determined and shall include the followinq requirements: tess Requirements shall include: ind exit passaclewavs ms Jm ,ster S:~DeveloDrnent~ORDINANCES & AMENDMENT$~.O01 Administrative Code Exhibit A.doc einsulatin,q (mechanical) eroofin,q e~nsulation 10. Accessibility requirements shall ~nclude! the following: esite requirements., eaccessible route. evertical accessibili~/ etoilet and bathin,q facilities eddnkin,q fountains eequipment especial occupancy requirements efair housin,q requirements ehandicapped accessibility 11 Interior requirements shall include the followin,q: emterior finishes (flame spread/Smoke develop) eli,qh_t and ventilation esanitation 12. Special systems eelevators eescalators eliffs 13. Swimminq Pools ealarm/barfier requirements espas ewadin,q pools Plans shall detail compliance with Section 424 of this code, and NSPI-5, and Sectioz3. 104.2.4 on Site Drawinqs. Electrical 1. Electrical: ewidng eservices efeeders and branch circuits eovercurrent protection e,qroundin~ ewifin,q methods and materials eGFCls 2. Equipment 3. Special Occupancies 4. Emerqency Systems 5. Communication S~stems 6. Low-voltage 7. Load calculations, Plumbina 1. Minimum plumbin,q facilities 2. Fixture requirements 3. Water supolv oioin~l 4. Sanitary drainage 5. Water-heaters 6. Vents 7. Roof drainaqe 8. Back flow prevention 9. Irriqation 10. Location of water supply line 11. Grease traps 12. Environmental requirements 13. Plumbinq riser S:~Developrnent~ORDINANCES & AMENDMENT$~2001 AdrninistraUve Code Exhibit A. doc 1 '~ Mechanical 1. Enerqy calculations 2. Exhaust systems · clothes dryer exhaust · kitchen equipment exhaust · speCialty exhaust systems 3. Equipment 4. Equipment location 5. Make-up air, 6. 7. 10. and vents 11 Gas vents ~moval 1. Stot mwater drainaqe s~stem and other requirements of the Enqineerinq Division Residential {One and Two-Family): Buildin~ 1. Site requirements (and Section 104.2.4, Site Drav~nqs). · set backJseparation (assumed property lines) · location of septic tanks_ 2. Fire resistant construction (ifreauired) 3. Fire 4. Smoke detector locations.. 5. Earess · eRress window size and Iocatio .n. · stairs construction requirement,s_ 6. Structural requirements shall include_'. · wall section from foundation throu.qh roof, · includinR assembly and materials · connector tables. · wind requirements · structural calculations (if required) · elevator support and attachmen.t 7. Accessibility requirements.: · show/identify accessible bath. 8. Electrical requirements shall include: · electric: serv ce riser with wire sizes conduit detail and roundin detail. · complete load calculations_ SADeveloDment~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc · panel schedules · service equipment and panel locations 9_. Plumbinq requirements shall include: · minimum plumbinq facilities · fixture requirements · water supply piping, · sanitary draina~ · water heaters .vents -location of water supply lines · plumbin,q riser · roof dra na.qe (if applicable) :.,(:las appliance location and pipin,q diaqram; tank location (LP) 10. Mect'{anical requirementS Shall inClude: · ener.qy calculations .equ~pmen[ · equipment location · make up air · roof mounted equipment · duct systems .ventilations · combustion air, · chimneys~ fireplaces and vents .~xhaust 11. En.qineednq requirements shall include: eA..entwine, red stormwater draina,qe plan 104.3.2 ,,~.,. m,,~,.,;,,.,. ,,,,,4-. -,~- ~,, ~-; ..... :-'-- ~'* ....... +'";"c '"=dc =nd st:b:!!."~. Thc bu ............ buildinq official:may accept a sworn affidavit from a reqistered architect or en.qineer statin.q that the plans submitted conform to the.technical codes. For buildinqs and structures, the affidavit shall state that the plans conformto the laws as to eqress, type of construction and qeneral arranqement · and, if accompanied bY dmw~n.qs, show the structural desiqn and that the plans and desiqn confo.~ to the requirements of Ih. technical codes as to stren,qth, stresses, strains, loads and stability.: Thu buildinq official may Without any examination or inspection accept such affidavit, provided the architect or enqineer Who made such affidavit a.qrees to submit to the buildin,q official copies o( inspection reports as inspections are Performed and upon completion of the s~ructure, electrical~ .qas,m ~echanical' or. plUmbinq systems a~ certificatiOn~c_n that the structure, electrical, qas mechanical ' ss .' · ' i ' ~;~;nt'qheS~ut~in~a~;;~ r~sCteu~ ~r?;~aev~t:t~hteh:/~1~ rc~r~;tnS, q~nfeteh~ st~:lhl ~sC~tlu~3ed ~i, responsibility for comPliance wi':h all provisions of the technical codes and other pertinen la,.~s ,, ordinanceq. The buildinq offici; I shall ensure that any person conductinq plans review is qualified · ~s:a plan~-examiner ~nd~r Part KII of Chapter 468, Flodda Statutes, and that any person conductinu inspections is qualified as a bui :iinq inspector under Part )ql of Chapter 468, Florida Statute& S:~Develoorn~nt~ORDINANCES & AMENDMENTS~O01 Adrnk~istmtive Code Exhibit A.doc 1 ~ 104.4 ISSUING PERNITS 104.4.1 ACTION ON PERMITS. The building official shall act upon an application for a permit without unreasonable or unnecessary delay. If the build I is satisfied that the work described in an application for a to the requirements of the technical code,' permit to the applicant. 104.4.1.1 When authorized throuqh contractual aqreeme local inee, ~nd thc ch 100 o, not two An al t~J ai, S:~Develooment~ORDINANCES & AMENDMENT$~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 desiqned by a mechanical or air conditioninq contractor. 5. Any specialized mechanical, electrical, or plumbin.q document for any new buildinq or addition which includes a medical qas, oxyqen, steam, vacuum, toxic air filtration, halon, or fire detection and alarm s~stem which costs more than $5,000. Documents requirinq an ~;~qineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of reqistration has siqned, dated, and stamped such document a~ provided in Section 471.025 Florida Statutes. 104.4.1.4 An enforcinq authority may not issue a buildinq permit for any building construction, erection, alteration, modification, repair or addition unl. e, Ss the permit either includeson its face there is attached to the permit the followinq statement: NOTICE: In addition to the requirements oi' this permit, there'may be additional restrictions applicable to this property that may be found in th~ public records of this county, and there may be additional permits required from other qovemmental entities such as plan-ninq, zoninq, water manaqement districts, state aqencies, or federal aqencies." a.qency's laws or ordinances. 11 30 workinq :es require a longer time for processinq the f the Flodda Building Code or the enforcin.~ the application for a permit and the accomoanvin.cl ~nform to the of the technical code~ ut shall retu~ the refusal to issue such permit. Such refusal shall, when requested, be in ,4~itinq and shall contain the mason for refusal. rovided in ~ a condition to receivinq a buildin.q )r its in Section~ 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 where said building is to be changed and such change will affect the extedor walls, bays, balconies, or other appendages or projections fronting on any street, alley or public ~ 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 be the 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 Adrnini$ffative Code Exhibit A. doc ! 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 maintenance, ~ 'e of a single family or duplex residence for 3f more than contracting and, such own~ 1( I of asbestos,containi e or II1~ O! bi a maxim~ their reel )ER. ~ application in a lt)-permits. red in THE PERMIT 1! be construed to be a license to proceed with the work and n 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 or violations of this code. Every permit issued shall by such permit is commenced within six months after its i~ oned for a period of six ; not more The exte in writing and shall be in writing by the building official. ~ires shall 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 buildinq offi~-i=~l is authorized to require that any work which has been commenced o.~. co~nPlet~ b~ remo~d ~r-~ the buildinq site. Orders of removal are appealable to the Constructio, i Board of Adiustments and APpeals Within 30 days of receipt of the order. The power to orde, removal of' unpermitted work is supplemental to the power to demolish unsafe structures unde, SectiOn 103.5 of this section, as well as the power to seek iniunctive relief; as proVided forin Sec~o~'; S;~Develoornent~ORDINANCE$ & AMENDMENTS12001 Administrative Code Exhibit A.doc 1'7 553.83, Florida Statutes. Alternately, a new permit may be issued on application, providinq the work in place and required, to complete the structure meets all applicable requlations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date of issua~Of the new permit. 104.6.1.3 Work shall be considered to be in active proqress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or stdke or when the buildin.q work is. ;~.~ lied due directly to ludicial iniunction, 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. lED ON BASIS OF AN AFFIDAVIT. Whenever a permit is issued in reliance or whenever the work to be covered by a permit involves installation under conditions which, in :the opinion of the building official, are hazardous or complex, the building official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations Shall inrspect such work, pursuant to the provisions of Chapter 468, Fiodda Statutes. In addition, they shall be responsible for conformity with the permit, provide copies of inspection reports as inspections are performed, and upon completion make and file with the building official w~itten affidaVit that the work has been done in conformity with the reViewed plans and with the structural provisions of the technical codes. In the event such architect or engineer is not available, the owner shall employ instead a competent person or agency whose qualifications are reviewed by the building official. Any person conductinq plan review or inspection shall be licensed accordinq to Chapter 468, Flodda Statutes. 104.6.3 P~S. 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 by the 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 '~nclusive 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 aid b the a,~licant established: These fees will be required to be p y ~,~, ....... ~ .................... pdor 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 its The d'~" ....... Construction Perm . .............. cost of the permit fee is established by multiplying the value of the:construction that is shown on the '"""/"~ "' ,k,.,,~....~ ~ ..... ~, ' ' tio ~, .... ,~, .............. ,. ....... permit apphca n by the '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, water and sewer capital facility fees, Fire Depa~ment fees, Palm Beach County Impact 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 Flodda surcharge fees for the Radon Trust Fund (Radon) and Building Code Administrators and Inspectors Fund (BCAIF). S:~Develo¢men~ORDINANCES & AMENDMENTS~2001 AdrninistraUve Code Exhibit A.doc ! Q 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 and When thea }licant ch :tion r15, s s be ~ue. of the 1! -104. buildi ,UE OF Ca is based on the value of value ~nical, and ,rofit. The value of construction is the total dollar 3nt's The )n. but not shall paving, si ~ of 104 Building S:~Developrnent~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc - ~Q m,,;,.~;.... To determine the value of construction using the SBCCI Building Valuation Data chart. apply the following: find on the chart the Occupancy Classification and Type of Construction that matches that which is identified on the al~Cmved plans submitted for permit, take the average per foot value for the appropriate occupancy classification~and type of construction, and multiply that mu p y, a ~., ..........lu~ by the dollar value by the regional modifier for Florida and then Itl I that tot I .......~-'-'* ..... 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 garag~ and other areas as determined by the building official or his/her designee and apply 25% of the average per foot value for gross floor area of opened roofed area. The building valuation data chart includes values for unfin shed basements, fire sprinklers, elevators and, where applicable, they shall be added to the other values to determine the total value of construction. For special occupancy classifications not listed in the sBCcI Valuation Chart, the value of construction shall be based on the cost estimate that the applicant specifies on the permit application. 104.7.8.4 VALUATION. if, in the opinion of the building official and/or the building official's d,-~;,-,,-,+~.-~ ....... 7,+--+;,~, ,~inn~-~- there is a question regarding the valuation of the construction that the applicant idePAi,c-,,ed specified on the permit application, the permit shall be denied up, less until the applicant c3.-. provides written detailed estimates, and/or a bona fide signed contract for the proposed improvements. The detailed estimates and/or bona tde signed contract shall meet-the ........ ~ -'~ be aooroved by the building official and/or the building official's designee. 104.7.8.5 VALUATION ALTERNATIVES. The building official may consider alternative valuations prepared by an independent expert only 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 with i,~uing 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 recl uest 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 systems 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 buiidin.q official shall 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 buildin.q 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, Flodda 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 in the following instances: 1. For buildings or additions of Type I or Type II construction S:~Development~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A. doc ') n Su~ 2. For all r :3. Where 4. Fo I alterations, structural steel, and 'velded connections 'inch I square feet methods of construction n the structural tame. Such regL At the with the Occupan is j official. submit a compliance Jrt;, documents. '105,3.2 The snecial insnector shall insnect the shorina and re-shonn' for conformance to the shoe enforcincl ~e sim le tale o_wne.r of a bui numb ~dina as a ~ldin- sub'ect to more than t~e minimum n~e~ ofin~e~ions required by the Florida ~uildin.q Code, Buildin~ 3 The fee owner of a threshold buildina shall select ~ em io-_ 'n..a s--;ec!a[ 105,3. . ' ~- a en T~e ins ector tor ins ec . ~ t.e -~ ,: _- ........ =..,,~,,~ ~ Flon'da Statut_e$ as. an. II be sha I _ ~"-_'_.~'_-'~, ~,~..~ ~;~;,,~ ~._-ections ofthresnoia en ineerorunaer ~,na [er,+o/ r~u.u,~ buildinqs; S:~DeveIo~ment~ORDINANCES & AMENDMENTS~2001 AdrninistraUve Code Exhibit A.doc '~ I 105.3.4 Each enforcement aqency shall require that, on e~ery threshold buildin.q: 105.3.4.1 The special inspector, upon completion of the bu~ldm,q and prior to the issuance of a certificate of occupancy, file a siqned and sealed statement with the enforcement aqency in substantially the followinq form: "To the best of my knowledqe and belief, the above-described constructionof~l structural Ioad.bearinq components complies with the permitted documents, and. the shodnq and re-shodnq conforms to the shodn.q and re-shodnq plans submitted to the enforcement a.qency." 105.3.4.2 Any proposal to install an alternate structural product or system to which buildinq codes apply be submitted to the enforcement a.qency for review for compliance with the codes and made part of the enforcement a.qency' s recorded set of permit documents. 105.3.4.3 All shc~dnq and re-shodnq procedures, plans and details be submitted to the enforcement aqency for record ke.eoinq. Each shorinq and re-shorinq installation shall be supervised, inspected and certified to be in compliance with the shorin.q documents by the: contractor. 105.3.4.4 All plans for the buildin.q which are required.to be siqned and:sealed by the architect or enqineer of record contain a statement that,:to the best of the architect's or enqineer's knowled.qe, 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 enforcin.q a.qency may issue a buildin.q permit for construction of any threshold buildin.q except to a licensed qeneral contractorl as defined in Section 489.105(3Xa), Flodda Statutes, or to a licensed buildin.q contractor, as defined in Section 489.105(3)(b),: Florida Statutes, within the s~..ope of his or her license. The named contractor to whom the buildin.q permit is issued shall have the responsibilityfor s~pervision, direction, mana.qement and control of the construction activities on the proiect for which the buiidinq permit vms issued. 105.3~6 The buildinR department may allow a special inspector to conduct the minimum structural inspection of threshold buildinqs required by thiS code, Section 553.73, Flodda Statutes, without duplicative inspectiOn by the buiidin.q department. The buildinq official is responsible for ensurinq that any person conductin.q inspections is qualified as a buiidinq inspector under Part XII of Chapter 468, Flodda Statutes, or certified as a special inspector under Chapter 471 or Chapter 481, Flodda Statutes. Inspections of threshold buildin.qs required by Section 553.79(5), Flodda 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 vadous 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 Certificate of Occupancy or Completion. In performinq inspections, the buildinq official shall qive first · Priority to insp~_..'ons of the constructiOn, addition or renovation to any facility owned or controlled by a state university, state community colleqe, or public school district. 105.5 POSTING OF PERMT 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 by the building official. 105.6 REQUIRED INSPECTIONS The building 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:~Develooment~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc ~'~ construction or shall notify the permit holder oragent of any violations which must,be corrected ~n order to comply with the technical codes. ~$ in 2. l at~ o o 1.4 cabl $:~Develo~ment~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc or done ired and Of it or 2. Rouqh-ln inspection: To be made after the roof, framinq, fire blockinq and bracinq is in place and prior to the installation of wall or ceiling membranes. 3. Low Voltaqe: To be made for security, alarm~ etevator~ and special uses pdorto 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¢l 1~. Underqround inS'pection: To be made after trenches or ditches are excavated, pioinq installed, and before any backfill is put in place. 2: Rough-in inspection: To be made after the roof, framin.q, fire blocking and bracinq is in place and all soil, waSte and vent piping is complete, and prior to this installation of wall or ceilinq membranes. 3. Final inspection: To be made after the buildin.q is complete, all plumbing lxtures are in place and properly connected, and the structure is readyfor occupancy. ~ 312 of the Florida Buildinq Code, Plumbing, for required tests. Gas b~n im q2as ap,p. . Fins 1. Under.qr(~und inspectiOn: To be made after trenches or ditches are excavated, underqround duct and fuel pipinq installed, and before any backfill is put in place. 2. Rouqh-ln inspection: To be made after the roof framing, fire blOckinq and bracinq are in place and all ducting, and other concealed components are complete, and prior to the installation of Wall or ceiling membranes. 3. Final insPection: To be made after the building is complete, the mechanical system is in plaCe and properly connected, and the structure is readyfor occuPancy. 1 Pipinq inspection: To be made after all new pipinq authorized by the permit has ailed, and before any such piping has been covered or concealed or any fixtur, es or anceS have been connected. 13ipin.q inspection: To be made after all piping authorized by the permit has :ailed ~nd after all portions which are to be concealed bY plastering or otherwise ,,n so concealed, and before any fixtures or qas appliances have been connected. This inspection shall include a pressure test. 3. as work authorized by the permit and such new work orany chanqes, to insure ~nd to assure that the installation and ,nce with reviewed plans. 105.7 WRITTEN RELEASE Work shall not be done on any part of a building, structure, electrical, gas, mechanical or plumbing system beyond/the point indicated in each su~,cessive inspection without first obtaining a written release from the bUilding official. Such written release shall be given only after an inspection has been made of each successive step in the construction or installation as indicated byeach of the foregoing inspections. 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 connexion shall be submitted to the buildina oficial. 105.9 PLASTER FIRE PROTECTION In all buildings where plaster is used for fire protection purposes, the permit holder or agent shall notify the building official after all lathing and backing is in place. Plaster shall not be applied until the release from the building official has been received. 105.10 FIR~E RESISTANT JOINTS AND PENETRATIONS The protect~ion of joints and penetrations in required fire resistive construction assemblies shall not be coVered or concealed from view without first obtaining a release from the building official. S:~Develooment~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc '~ ~ 105/10.1 TERMITES. Buildinq components and buildin.q surroundin.qs 'required to be protected from or concea the All ir shall be performed in a manner so as not to adversely such activity ' itions of dust, New serwng standards decks ired the 106 CERTIFICATES 106.1 106.1.1 A new building shall not be occupied or a change made in the occu or part of a building until after the building official has issued a Certificate of ncy. Said certificate shall not be issued Until all required electrical, gas, mechanical, plumbing and fire protection systems have been inspected for compliance with the technical codes and (~ther apPlicable la~s and ordinances and released by the building official. OF OCCUPANCY. Upon satisfactory completion of construction of a illation of electrical, gas, mechanical and plumbing systems in the teCh~ codes, reviewed Pla~s and specifications, and after the final inspection, the building official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, the number of persons for each floor when limite~l, by law, and the allowable load per square foot for eachifloor in accordance with the provisions of this code. '106.'1.3 T,EMPORARYIPARTIAL OCCUPANCY, A 30-day temporary/partial Certificate of Occupancy or Certificate of Completion may be issued for a portion or portions of a building that may safely be )uilding. The building official shall have the lied with, to require an applicant to provide work { of plans until a permanent Certificate of to insure completior ( the City retains the right to hz fin als ~ or Certificate lndred ten percent labor and material, as determined by sealed document and all Occupancy the cash S:tDevelooment~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, sudh as a shell building, pdOr to the issuance of a Certificate of Occupancy. 106.3 SERVlCE UTILITI ES 106.3.1 CONNECTION OF SERVICE UTILITIES. No person shall make connections from a utility, source of energy, fuel or power to any building 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.. The servicing utility company shall not connect the power supply until notified by the building official. 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 temporary 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 emergency where 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 pdor tc~.taking such action. If not notified pdor 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 filed as a permanent record of the building division. 106.4.3 SIGNSr 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:~Develol~rnent~ORDINANCE$ & AMENDMENT$~2001Adrninistmtive 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. Adjustment and Appeals shall consist of s. even hence HVAC than one- ~hich me 108. va th; vote. of the board shall constitute ~a quorum. In less than not less In the~,vent the alte shall 108.2.4 SECRETARY OF BOARD. The building official or his/her authorized representative~ shall act as nd shall make a :detailed record of all of its proceedings, which shall the vote of each member, the absence of a members and any failure of a member to ~te. 108.3 POWERS The Building Board of Adjustments and Appeals shall have the power, as further defined in 108.4, to hear appeals 'of deCisions and: interpretati°ns of the building official :and consider variances of the technical codes. 108.4 APP~S · 108.4.1 DEcIsION OF THE BUILDING OFFICIAL. The owner of a building, structure or serwce system, or dulY authorized agent, may appeal a decision of the building official to the Building Board of Adjustmen~ and Appeals whenever any one of the following conditions are claimed to east: 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 ail of the following: S:~Develoi~ment~ORDINANCES & AMENDMENTS12001 Administrative Code Exhibit A.doc '~'1 1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are 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 onthe applicant any special privilege that is denied by thais code to other building.,', structures or se~ce system. 4. That the vadanc~'~ranted is the minimum vadance 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 generel 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. Ir~ granting the variance, the board may prescribe a reasonable time limit within which the action for which the vadance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformitywith this c. ode. Violation of the conditions of a vadance shall be deemed a violation of this code. 108.4.3 NOTICE OF APPEAL. Notice of appeal shall be in wdting 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 pedod. 108.5 PROCEDUI~ES 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 immediatelytake 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 afect the validity of the remaining portions of this code. 110 VIOLATIONS AND PENALTIES Any person, firm, corporetion 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 dudng which any violation of any of the S:IDeveloDment~ORDiNANCES & AMENDMENTS12001 Adrninistra~ve Code Exhibit A.doc provisions of applicable codes, laws, ordinances, rules and regulations ~s committed or continued, and upon conviction of any such violation such person shall within the limits and as provided by state laws. Nothing in this section shall ton Beach from imposing fines, liens~ or seek injunction relief, or exercising other enforcement powers as permitted by law. $:~Develol~ment~ORDINANCES & AMENDMENT$~2001 Administrative Code Exhibit A,doc XII. - LEGAL ITEH A.2 CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST FO vi 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 (5:00p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City. Commtssion Meeting Date~ [] October l, 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 [] Admini.qtrative [] 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 l~anager's Signature City Attorney / Finance / Human Resources S:~BULLETIN~ORMSXAGENDA [TEM REQUEST FORM.DOC AN( THE CIT'~; OF BOYNTON Aa'VIENDING CHAPTER t6, "PARKS AND AND A 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, Florida 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 iBeaches" 16-61(d) is hereby amended by adding the words and figures in underlined Section I type, and by deleting the.words and figures in struck-through type, as follows: ! Sec. 16-61. Boa't launching and trailer parking user fee at the Boat Club Park. '1 (a) The purpose of this section... (d) ~D__decals will be issued to an applicant on an annual basis October I to September 30 upon satisfacto~ completion of appropriate application forms, Page commencing October l, _2001. AI.I;~ decals shall be permanently affixed on the passenger side o1: the trailer (on a conspicuous part of the winch post; alternately tongue, as close as possible to the ball). Decals placed on a trailer other than the on,, 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 ~'~'as-issued has been sold or otherwise changed ownershil~ an&'pr in the event ;~ property ssued decal s mm a chart return an identifiable decal cannot provide an identifiable portion or par of such decal, the charge for a replacement decal will be the sum 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. ~' FIItST READING this o~)'t~ay of August, 2002. SECOND, FINAL READING AND PASSAGE this day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: City Clerk Page 2 Commissioner Commissioner RECREATION DEPARTMENT MEMORANDUM NO. 02-4~ TO: VIA: FROM: DATE: July 31, 2002 SUBJECT: Modification of Code of Ordinanc~6' 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): Aa~tuat-dD_ecals **ill be issued to an applicant on an annual basis October I to September 30 upon satisfactory completiOn of appropriate application forms, commencing October 1, 2001. trailer other than the one for which it was ori inall issued shall be construed to be void. trailer tO which the ermanent decal issu~ Lost or Mutilated ermits. In the evem that the was has been sold or otherwise chan ed ownersh~ and/or ~n the event a ro erl ~ssued decal ~s ~ided the holder can return an identifiable onion of the mutilated decal to the c~t . In the event the holder of a lost or mutilated decal cannot row~fiable .ortion or ~ art Ple, a~se let me know if you need any more information. Thank you. · WM:sc Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 XlI. - LEGAL :ITEM B.3 CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FORiVl Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) [] Requested City Commission Meeting Dates October 1, 2002 Date Final Form Must45~Tumed in to City Clerk's 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 [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the September 3, 2002 City Commission Agenda under Legal, Ordinance - First Reading. The City Commission 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- 143. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Bethesda Hospital Rezoning 01EZN 02-004) Jalme 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 fi.om PUD (Planned Unit Development) district to PU (Public Usage). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Dev~l'op~en~ I~e~par~n~t'Director ~ignature Planning a~d Z~ning Ig~ector City Attorney / Finance / Human Resources S:XPIanning\SHARED\WPLPROJECTSXBethesda~Bethesda Memorial Hospital Rezoning 2002XAgenda Rem Request Bethesda Hosp. 1 st reading REZN 02- 004 9-3-02.dot ORDINANCE NO. 02- AN COMMISSION BOYNTON ACRE ORDINANCE OF THE CITY OF THE CITY OF BEACH, FLORIDA, THE APPLICATION OF AL (10.37 ~; AMENDING OF SAID BY DATE. ~PU (PUBLIC FOR AND AN EFFECTIVE WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Bethesda Memorial Hospital, as owner of the property more )articularly described hereinafter, has heretofore filed a Petition, through their agent, ames Gentile/Kilday and Associates, Inc., pursuant to Section 9 of Appendix A- of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose a certain tract of land consisting of 10.37 acres, said land being more described hereinafter, from PUD (Planned Unit Development) district to (Public Usage); and WItEREAS, the City Commission deems it in the best interests of the of said City to amend the aforesaid Revised Zoning Map as hereinafter NOW, THEREFORE, BE IT ORDAINED :\CA\Ordinances\Planning\Rezoning - Bethesda - 10.37 acres.doc BY THE CITY COMMISSION OF THE CITY OF BOYNTON rBEACH, FLORIDA, THAT: Section 1: The following described land, located in the City of Boynton Beach, Florida as set forth as follows: Plat of B.M.H. property, according to thc plat thereof as recorded in Plat Book 49, pages 45 and 44 of thc Public Records of Palm Beach County, Florida Containing approximately 10.37 acres of land. and the same is hereby rezoned ~om PUD (Planned Unit Development) to PU (Public A location map is attached hereto as Exhibit "A" and made a part of this by reference. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended Section 3: All ordinances or parts of ordinances in conflict herewith are hereby Section 4: Should any section or provision of this Ordinance or any portion declared by a court of competent jurisdiction to be invalid, such decision shall affect the remainder of this Ordinance. Section 5: This ordinance shall become effective immediately upon passage. READING this day of ., 2002. :\CA\Ordinances\Planning\Rezoning - Bethesda - 10.37 acres.doc SECOND, FINAJ:?- READING and PASSAGE this day of .., 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) :\CA\Ordinances\Planning\Rezoning - Bethesda - 10.37 acres.doc Location Map Exhibit A AREA "B" · PU ' ' '~' I J I f SE 2,'q', H CT N TO: FROM: DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-143 Chairman and Members Planning and D~,e~pment Board Dick Hudson, ~e~ltor Planner Director: DATE: July 15', 2002 PROJECT DESCRIPTION Project/Applicant: Agent: Bethesda Memorial Hospital Jamie Gentile/Kilday and Associates, lac Owner: Location: Bethesda Memorial Hospital South side of SW 23a Avenue (Golf Road) between South Seacrest Boulevard and Interstate 95 (Exhibit A). File No: Property Description: Proposed change/use: 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. Adjacent Land Uses and Zoning: North: Right-of-way of SW 23rd Avenue (Golf Road) then developed residential property (High Point West Condominiums) classified High Density Residential (HDR) and zoned R-3 Multi-family residential (10.8 du/ac) ~outh: Developed property containing the main hospital facilities and under the same ownership as the subject property, classified Public & Private Governmental/institutional (PPGI) and zoned PU Public Use. East: Developed single family homes (Winchester Heights) classified Low Density Residential (LDR) and zoned R-I-AA Single Family Residential (5.40 du/ac). West: Developed single family homes (Seacrest Hills) classified Low Density Residential (LDR) and zoned R-i-AA Single Family Residential (5.40 du/ac). Page 2 Bethesda Memorial Hospital Rezoning File Number: REZN'02-005 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; however, in 1984, shortly after the subject portion of the property was acquired, the hospital requested and was granted 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, ItemC Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of staff analysis of all applications for land use amendments and rezonings. ao Whether the proposed rezoning wouM 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 wouM have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The use of Policy 1.16.1 in the Future Land Use Element provides a definition of the Public and Private Governmental/Institutional land use category, stating that the category "s hall include all PU Public Usage zoning districts." The policy also lists the uses generally allowed, including: "ins titutions and quasi-public uses; hospitals, nursing homes, and other health-care services or agencies... ' 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 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 ro the south under the same ownership. c. Whether changed or changing conditions make the proposed rezoning desirable. 151o 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. 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. Page 3 Bethesda Memorial Hospital Rezoning File Number: REZN .02-005 The rezoning of the property will neither enhance nor decrease the compatibility between current use of the property and the use of adjacent properties. Should any additional development be proposed for the property, compatibility: issues would b~ considered at that time. Page 4 Bethesda Memorial Hospital Rezoning File Number: REZN.02-005 f. Whether the property is physically 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 ~,,,dinance, 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 Boynton Beach and the entire south Palm Beach County providing much-needed health care services. The proposed rezoning is an integral 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 alre~gy allowed. Sites elsewhere in the city could not serve the same use that this property serves for the hospital. As indicated herein, this t additional impacts on infrastructure that have compatible with adjacent land uses and Therefore, staff recommends that the recommended by the Planmng included as Exhibit "C". ATTACHMENTS Plan; will not create Plan; will be City. I be approved. If conditions of approval are by The City Commission, they will be \\Ch\MA1N~SHRDATA~Planning~HARED\WP'xPROJECTS'd~hesda\Bet~'~sda Memorial Hospital Rezoning 2002x~ff Lo n Map Exhibit 3OO o 3oo 6oo Feet The struc:ure~ that would be con$~.-ucSed on the:r proDcseo parcel would be For the following possible uses: Medical OF?ice Building Pharmacy EKr. ECG Occupational. Therapy Respiratory Therapy Mid-W~ves Serv~ cos Operating Rooms RecoVery Rooms Commun ~ cat fort 0 i et ary Medi~al Records Clean Linen Storage Ouality Assurance Trans cfi pti on Archives Storage Admitting Offi ce Business Office Accounting Offi ce Control Data Processing Services Put cha~ i ng/Star es Social Servi cos . Medical Library security Office m Risk Management Legal Offi cos m personnel Offi ces PUblic Reiations' Volunteers Internal Auditor Memorial Hospital Auxiliary _ HoS Of fi ce Mad Staff. Of fi ce Hospital Administrative Offices Prenat al' Edu cat t on ~:amil~ 'Planning Service Obste:ric~l {pre and post par.turn) Clini · Nutritional Consultation Well Baby Clinic -. Chi I d:/HOspi ta 1. Awareness Servi cos Ambulator~ Surgery Unit. Exhibit 1~ Anatomic and Clinical Laboratory Cardiology Cardiology Di agnosti cs Dental Diagnostic Radiology Endos copy Gastroentero. logy Gyneco 1 ogy Neu si ye Angiography Medici ne ~le · ci ne Therapy -S - Audiology' cation . il )i~al Discharge Education Therapy Servi ce Care )chni clan Training Servi ~ Cardi ac. Angiogr aPhy Problem Servi ce Renal Disease ; copy APPENDIX TO EXHIBIT Infectious Of sease Burn Care Continuing Medical Education far Medical Staff Community Health Education - Nutrition ' - Obesity - Cardiopulmonary Resuscitation (CPR) - Wellness e.g. snaking cessation - Psychosomatic Pain - Prenatal Care - Child/Hospitall Awareness TechniCal Medical Education (for Lay Staff) - Technical Procedure Training e.g. CPR Pati.ent Transportation Procedures Inte. personal Eelations - Forma'l-Training far Labor Shorta'ge Special:les - Nursing Hos - LO Assessment and At:faction Service lent Referral Service .RangePlanning to Community Groups' 'ice of Press Relations Vol Mi g ling Publications & Media Publication & Media ,ittes Participation Acti vi ti es ) Liaison Coerdi nat i on' APPENDIX TO ~T~IBIT 'B" Page 3 Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 XII. - LEGAL ITE~ B.4 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOmvt 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 bertamed~. in to City Clerk's Offi~, September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Developmem Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Busmess [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Legal, Ordinance - First Reading. Memorandum No. PZ 02-163. Please place this request on the September 3, 2002 City Commission Agenda under For further details pertaining to the request, see attached Department of Development EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: The Residences ~ Marina Village (REZN 02-005) Bruce Jarvis, the Bruce Group, Inc. AERC of Virginia 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 Deve}6~m6*nt I~artmen~/Sirector Vlan~n"g hnd Zoningtl~r~tor C~ty Manager's S~gnamre City Attorney / Finance / Human Resources SSPIanning~SHARED\WP~PROJECTShMARINAXREZN 02-005~Agenda Item Request Residence ~ Marina Village REZN 1st reading 02-005 9-3-02.dot S:xBULLET1N~ORMS'~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- REGARDING THE AERC OF V~GINIA, INC.; 91-70 OF SAID TRACT HIGH WHEREAS, the City Commission of the City of Boynton Beach, Florida has Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, AERC of Virginia, Inc., as owner of the property more .articularly described hereinafter, has heretofore filed a Petition, through their agent, Jarvis/The Bruce Group, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boymon Beach, Florida, for the purpose of rezoning a :ertain tract of land consisting of + 6.93 acres, said land being more particularly hereinafter, from CBD (Central Business District) to MU-H (Mixed Use ~; and WHEREAS, the City Commission deems it in the best interests of the of said City to amend the aforesaid Revised Zoning Map as hereinafter forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The following described land, located in the City of Boynton Florida as set forth as follows: CA\Ordinances\Planning\Rez°ning - The Residences at Marina village 082302.doc SEE EXHIBIT "A' ATTACHED HERETO. and the same it hereby rezoned from CBD (Central Business District) to MU-H (Mixed High Intensity). A location map is attached hereto as Exhibit "B" and made a part of by reference. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended Section 3: ~ealed. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby Should any section or provision of this Ordinance or any portion declared by a court of competent jurisdiction to be invalid, such decision shall the remainder of this Ordinance. Section 5: This ordinance shall become effective immediately upon passage. 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 ',T: Commissioner City Clerk S~ \CA\Ordinances\Planning\Rezoning - The Residences at Marina Village 082302 .doc EXHIBIT A ~' ~ ~-GAL D~=~N PARCEl. I: ~ o~ ~F ~H~ ~_RK OF TH~ circuit cou~r ,N AND ~o~ ~ ~IDA ~OROm IN P~T B~ ?. P~ 3Z SAID ~NOS S/~A~. L~NG AND eEIN~ IN ' p~ ~ C~N~ ~OR~O~. ~T-~-RAY ~ ORANG~ ~0~ PARCET.. 2: THE EAST ONE-HALF' (£1/2) OF LOT 39 AND THE -CAST ONE-HALF [ELI2) OF LOT 42, ]'_OEtFEY'S SUBDIVISION, ACCORDING TO THE PLAT THF_.REOF ON FTLE IN THE OFFICE OF THE CLERK OF THE 'CIRCUIT' COURT IN AND F'OR PALM ,~r_,ACH COUNT~, FLORIDA RECORDED IN PLAT BOOK 1, PAGE 37, SAID LANDS SITUATE, LYING AND BEING IN PALM 8EACH COUNT~, LESS THE SOUTH ,30 FEET OF SAID LOT 4.2. AS 5HOtfSV IN DEED BOOK .,T41, PACE 188, OF THE PUBUC RECORDS OF PALM 8EACH COUNT'S, FLORIDA EXHIBIT B Location Map Marina -q , C3'~ WORTH ICWW, DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 02-163 TO: FROM: Chairman and Members Community Redevelopment Agency Board Dick Hud~, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: August 6, 2002 PROJECT DESCRIPTION Project/Applicant: Marina Village Rezoning/AERC of Virginia, Inc. Agent: Bruce Jarvis/The Bruce Group Owner: AERC of Virginia, Inc. Location: 743 NE 1~ Ave. File No: Property Description: Proposed change/use: Rezoning (REZN 02-005) Vacant property consisting of +6.93 acres, classified Mixed Use (MX) and zoned CBD Central Business District 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 North: Soutil: East: West: Land Uses and Zoning: 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 to the northwest is a city lift station and city park. 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 commercial property also designated Mixed Use (MX) land use and zoned CBD Central Business District The Intracoastal Waterway 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 Manna Village PROJECT ANALYSIS The criteria used to review ComprehensiCe Plan amendments and rezonings are listed in ,~a-vicle 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 tncrease tn dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County E~nergency Planning Division and the City's risk manager. The planning depart~nent 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. The proposed rezoning is consistent with the applicable Comprehensive Plan policies and directions. The requested zoning is consistent with ihe land use designation; however, the MU-H Mixed Use/High- Intensity zomng district provides the owner greater flexibility for development than do the CBD Central Business Distr/ct regulations. In addition, both of the Mixed Use zoning districts were adopted in response to directions in the"Federal Highway' Corridor Community Redevelopment Plan" and are consistent with the recommendations of that study. Whether the proposed rezoning wotdd 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 individual properry owner as contrasted with the protection of the public welfare. The proposed rezomng would not be 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 mixed use zoning districts, Mixed Use/Low-Intensity and Mixed Use/High- Intensity have provided greater options for development and redevelopment in the downtown area, including additional density, building height, and setback requirements. Furthermore, this rezoning and the resulting development would move the city a step closer to realization of its expressed vision 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 fitture 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 do~vntown. 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. Under the existing zoning, the property is physically developable; however, it would not contribute as much to the development of:a pedestrian-friendly urban doWnt0~vn, as it will When developed under the regulations of the Mixed USe/High Intensity district. g. Whether rhe proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed rezoning is seen as the keystone to the redevelOpment of the city's downtown. As such, the scale is reasonably related to the needs of the downtown neighborhood and the city as a whole. It is important that a resident population will be drawn to the downtown, not only as a place offering a range of housing, but ~also providing opportunities for shopping, entertainment and employment. 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 Intracoastal 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 contr/bute to the overall economic development of the City. Therefore, staffrecommends 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:XSHRDATAXPIanning~SHARIED\WP\PROJECTSXMARINAXR!F-ZN 02-005',STAFF REPORT. doe Location Map Marina RE , i CBD~ Z C3 40o ; r 400 800__ 1200 Feet Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 XII. - LEGAL ITEH D.1 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 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 r~-, :..z: [] Public Hearing [] Legal [] Bids [] Unfinished Business ,~9 _- -:~ [] Announcement [] Presentation r,~ '-' [] City Manager's Report RECOMMENDAT.I2N: Staff requests a ~o,t~on to,,approve or modify the Code Compliance Board's "~L~ ~.-~ ~ Modification Order of July 25, 2002. The Order and accompanying minutes of the proceedings are enclose//~ (Exhibit "A") EXPLANATION: This item comes before you for consideration at the request of Commissioner Ferguson as noted in the enclosed "Lien Reduction Transmittal Form." (Exhibit "B") The Code Compliance Board entered an "Order" on August 1, 2002 reducing the fine in Case #98-1639 to $2,326.00. The vote to reduce the fine passed unanimously. The original fine totaled $28,950.00 plus administrative costs of $826.18. The violations concerned repair of a driveway, removing loose trash & debris and placing sod in the yard areas visible from the street. The address of the subject property is 518 N. W. 2ad Street. The Board's discussion of this matter was based primarily on the applicant's contention that he was not aware of the lien. Staff presented evidence supporting the fact proper notice was served and the violations existed past the 'time given by the Board for compliance. PROGRAM IMPACT: N/A FISC.&L IMPACT: N/A ALTERNATIVES: Modify the Board's decision not to exceed $28,950.00 plus the aforementioned administrative costs. ~C~epar~nen~ Head~ S~gnature City Manager's Signature City Attorney / Finance / Human Resources S:~BULLETINXFORMS~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH, FLORIDA - CODE COMPLIANCE BOARD CASE NO. 98-1639 Petitioner, vs, PERRY L. & PATRICIA PATTERSON Respondent(s). I I I! LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on July 25 2002. pursuant to Chapter two, Article five of the City Code of Ordinances. The Board having considered the application, all the facts regarding the specific code or codes the appealing party was in violation of, the date of the original board hearing, the date the affidavit of compliance was issued, the current lien amount and all pertinent information relating to the specific case and being otherwi se duly advised in the premises, it is hereupon, ORDERED AND ADJUDGED that: 1. This' Board has subject matter jurisdiction of this cause and. jurisdiction over the Respondent. 2. The Respondent has met all the lien reduction procedures established by the City Code of Ordinances. 3. The lien imposed by the Board on June 15, 1999, onthe Property located at 518 NW 2nd Street, Boynton Beach, Florida, with the legal description off BoYNTON HILLS LT 174 & S 25 FT OF LT 175 BLK B according to the plat thereof as recorded in OR:B 10365, Page 1438, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-21-07-002-1740, is REDUCED TO $2,326.00. 4.- The City shall prepare a release and satisfaction consistent with this Order. 5. The release and satisfaction shall be recorded in the public records of Palm Beach County at the Respondent's expense. 6. This Order is not f'mal until the time period for appeal under the Code has elapsed and if appealed is properly disposed by the City Commission. DONE AND ORDERED after heating at City of Boynton Beach, Palm Beach County, Florida this / ~ day of /~ ,~x .~../L- ,2002. CODE COMPLI. NC£ BOARD ATTEST: CITY CLERK ,A~[4,~~.' '- '~',, o copies furnished: % Honorable Mayor and the City Commission City Attorney Respondent S:ca/depts/police/Lien Modification Order Form 2 MINUTES OF THE C'~)-i~' COMPLI~,~I-(~~,'I~ .................... SPECIAL LIEN , COMMISSION CH~,I! BOYNTON BEACH, FLORIDA I ! David Tolces, Assistant City Attorney Present Chris DeLiso, Chairman Patti Hammer, Vice Chair Bob Foot James Midana Enrico Rossi Dee Zibelli Michele Costantino, Alternate (in audience) Dave Rafkin, Alternate Absent Tom Waish I. Call to Order Chairman DeLiso called the meeting to order at 3:00 p.m. I1. Approval of Agenda Motion Mr. Rossi moved to approve the agenda. carded 7-0. The motion was seconded by Ms. Zibelli and I!1. Minutes of June 27, 2002 Lien Reduction Meeting Since the members had not yet received the minutes for review, it was decided to defer this item until the next regular Code Compliance Board meeting. IV. Swearing in of Witnesses and Introduction The Recording Secretary administered the oath to all who planned to testify at the meeting. V, Old Business ' A. UEN REDUCTIONS · Case ~98-1639 Perry & Patricia Patterson 518 N.W. 2"~ Street Scott Blasie, Code Compliance Administrator, presented the case. The property was originally cited on Apdl 14, 1998 for violations of the Community Appearance Code, Chapter 15, Article IX-15-120 (D) I Inc. The specific violations were to repair the driveway, remove all loose debds, and sod all bare areas in the yard. A Code Compliance Board headng was held on Apdl 21, 1999and the Respondent did not Boynt'on Beach, Flodda July 25, 2002 Chair DeLiso asked why it took from 1998 to 2002 to correct the violations. Mr. Patterson said that the grass and trees in the photographs he had just taken showed old growth, not something that had been put in yesterday. He had brought the rocks in one by one. He stated that his property was on a hill and that when it rained, the soil washed down to the street and this is why he brought in the rocks. In response to Chair DeLiso's question of whether he was refinancing, Mr. Patterson stated that his daughter was in financial difficulties and that he went to the Credit Union recently to refinance his property to get $20,000 to help his daughter. It was at this point that he learned about the lien for the first time. Mr. Patterson stated that the day that Inspector Webb had brought him a paper to sign, Inspector Webb saw what he was doing in the yard and Mr. Patterson thought Inspector Webb understood what he was doing. When he signed the notice, he did not read it. He recalled Inspector Webb driving up while he was out in the yard working, and saying that he needed to get his paperwork cleared up and that Mr. Patterson needed to sign something. Inspector Webb noted the improvements that had been made. Mr. Patterson asked him if he needed to appear at the meeting, and Inspector Webb stated that he did not and that he would handle it. This was the last thought Mr. Patterson gave to any meetings or liens or anything. He learned about the lien two weeks ago when he went to refinance. Mr. Midana asked if there had been a problem with his getting the notices from the City. Mr. Patterson said that he had not received any notices from the City that had been addressed to the Delray Beach address of his ex-wife. Mr. Raft(in stated the record seemed to indicate that there had been no contact with Mr. Patterson from November 2, 1:999 to July 12, 2002. Mr. Rafkin asked Mr. Patterson if he had been under the impression that the City had "given up." Mr. Patterson stated that he had been under the impression that the violations had come into compliance and that it had all been taken care of, after the conversation with Inspector Webb at his house. Mr. Rossi thought the question was whether the Respondent had made an ongoing effort to bdng the property into compliance and what the City thought of those efforts. He stated that efforts alone did not constitute compliance. Inspector Webb was called in from the field to testify. Chair DeLiso felt that Inspector Webb's testimony would have a large beadng on his decision in the case. The Recording Secretary administered the oath to Inspector Webb. Willie Webb, Code Inspector, 'City of Boynton Beach, denied saying that Mr. Patterson did not have to come to the meeting in the conversation they had two weeks pdor to the April 21, 1999 Code Compliance Board meeting. Mr. Blasie stated that no staff member would tell a person, "Do not come to the Code Compliance Board meeting, I'll take care of it." What happens sometimes is that people ask whether they need to be present because they have another commitment and an inspector might say that a person does not need to be there and will come to an 3 BOYNTON BEACH POLICE DEPARTMENT Marshall B. Gage --. :COde Compliance Division Scott Blasie, Administrator 100 E. Boynton Beach Bou evard Boynton Beach, Florida 33435 (561 )742-6120 Fax: (561)742-6259 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: August 1, 2002 To: City Commission From: Code Compliance Division RE: Code Compliance Case #98-1639 In accordance with Ordinance Number 001-07, the enclosed "Final Lien Modification Order" is hereby forwarded to you for review. As required by Ordinance number 001-07, the following" procedures are to be followed: ~/'~ City Commissioner has seven (7) days from the rendition of the Order to request the City Manager's Office to place the case on a City Commission Agenda for review. (Space provided below for transmittal purposes) Said review must occur within thirty (30) days of the request for review. ca Upon such review, the City Commission may take one of the following actions: a. Uphold the Code Compliance Board's recommendation in full. b. Over-role the Board's decision in full. c. Modify the Board's Final Order. ca The City Commission shall direct staffto take action consistent with their review of the "Lien Modification Order." I,/r~. ~. /~.~/tt~-t;cf~ J , hereby request the City Manager's office to place the above referenced case on the next available City Commission Agenda for reviexv. Signed on this date, the ~ CFday of ~,,.~.~ ,2002. RECEIVED c,! 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 Date Final Form Must be Turned i.B 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 i.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 [] Public Heanng [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approve by motion proposed Community Investment Funds. EXPLANATION: Pursuant to resolution, the City Commission may authorize Commission members use of Commum ,ty Investment Funds. The following is a list of proposed activities as suggested by Vice Mayor Weiland and Commissioners McCray, Ferguson and Fisher, along with an estimated cost of each: Vice Mayor Weiland: $5,000 Boynton Beach Little League $2,500 YMCA - Planting Seeds for the Future Campaign $3,000 Garden- Brace Black Commissioner McCray: $3,000 MADDADS $ 500 Boynton Beach Little League $1,000 Garden - Bruce Black Commissioner Fisher: $3,000 Holiday Tree $1,000 Boynton Beach Little League $1,000 Senior Center Programs $2,000 City school supply drive for elementary schools $ 500 MADDADS $1,800 Advisory Board on Children & Youth Expo in the Mall _Commissioner Ferguson: $1,000 Woman's Chib $1,000 Library Expansion $ 500 MADDADS S:~BULLETIN\FORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: FISCAL IMPACT: Funds are included in the current budget for these purposes. ALTERNATIVES: Do not approve all or part of the above requests. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:~BULLETINWORMSL~.GENDA ITEM REQUEST FORM.DOC 'r~ s~v~a.o~ City Cler~ ,~,, ', ,..- 2,,-.~ rj j_: BoyntonB(mclt, Florida 33425-O310 Atteurion: Janet To Whom R May Conou~ b postlx~ lt~ al~e vatian~ mlu~t ~ ~ ~ 17 City ~ m~'nit~$. Rarmd o~ the r~endafiofl ~om ~e P~ ~ D~lop~ Bo~ we ~ ~ ~ ~s of pr~ ~t~~ tO ~Ive ~ Om~ is~, I w~ld ~ef ~t ~ itm ~t b~ ~a~ ~ ~e ~ ~a ~ I wo~d ~c ~he o~~ to ~n thc i~ ~IvM ~ ~s v~ ~uea. P_ROFF, O$1ON,a,~. Sino~ly, [-.~ ND D ~VF. LO PMF..N' ~ ~I'FE EVALUATION G OVI:I~NM g.34'i'AL · TI~PIC ANAI.Yii$ m, CONCURI~ENCy PROJ ~.CT MANAG£M£NT ENVIRONMEN'E4L TOTAL P.O1