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Agenda 11-06-02The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA NOVEMBER 6, 2002 Gerald Broening Mayor At Large Ronald Weiland Vice Mayor District I Mack McCray Commissioner District II Mike Ferguson District III Charlie Fisher Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBL/C PARI~CZPAT/ON AT CITY OF BOYNTON BEACH COMM:[SSZON MEET~[NGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda ]:terns: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda ]:rems: These are items which the Commission will discuss individually in the order listed on the agenda. · ¥oice Yore: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEEI'~NGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted 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 nQt listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda ]:rems: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSZNG THE COMMZSSZON: 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). November 6, 2002 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Dr. Solomon Rothstein, 2nd Police Chaplain C. Pledge of Allegiance to the Flag led by Mayor Broening D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRZATE REQUEST FORM · GIVE TI' TO THE cTrY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTZON OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDZVZDUALS MAY SPEAK FOR THREE UNTNTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption PUBLZC AUDIENCE: INDZVZDUAL SPEAKERS WILL BE LIMTTED TO 3-MTNUTE PRESENTATZONS III. OTHER: A. Informational Items by Members of the City Commission ADMTNTSTRA'D~VE: A. Accept letter of resignation from Dorothy B. Walker, Regular Member of Library Board B. Accept letter of resignation from Ods W. Walker, Regular Member of Cemetery Board Agenda Regular City Commission Meeting Boynton Beach, Florida November 6, 2002 Appointment To Be Made Appointments to be made: Length of Term Board Expiration Date II McCray Children & Youth Advisory Bd Stu/Reg/Voting ! yr term to 4/03 Tabled (2) II McCray Bldg. Bd of Adj & Appeals Alt i yr term to 4/03 II McCray Cemetery Board Reg 3 yr term to 4/03 I Weiland II McCray Education Advisory Board Education Advisory Board Stu Stu 1 yr term to 4/03 Tabled (2) ! yr term to 4/03 Tabled (2) III Ferguson Library Board IV Fisher Library Board Alt Reg I yr term to 4/03 Tabled (3) 3 yr term to 4/03 Tabled (3) IV Fisher Nuisance Abatement Board Alt 1 yr term to 4/03 Tabled (2) V. ANNOUNCEMENTS & PRESENTATZONS: A. Announcements: None B. Presentations: 1. Proclamations: "Boynton Veterans Council - Veterans Day Memorial Celebration" - November 11, 2002 Vl'. PUBLI'C HEARZNG: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMZTS Project: Agent: Owner: Location: Description: Nautica Right-of-Way (ABAN 02-002) Michael Rodriguez, Esq., Sachs, Sax, & Klein, P.A. Nautica Homeowner's Association Nautica PUD at Lawrence Road Request for abandonment of the Nautica Boulevard right-of-way to be replaced by a dedicated access and utility easement in the Nautica PUD VZ'r. 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. 2 Agenda Regular City Commission MeeUng Boynton Beach, Florida November 6, 2002 A. Minutes: Agenda Preview Conference of October 14, 2002 Special City Commission Meeting of October 15, 2002 Regular City Commission Meeting of October 15, 2002 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Approval to purchase a video enhancement system for the Police Department from :Intergraph Government Solutions (total cost $29,909.99; grant funded $26,918.99) Approval to purchase the second phase of the "AFIX" fingerprint and palm print identification system for the Police Department from Cross Match Technologies, Inc. (total cost $35,572.00; grant funded $32,014.80) Award the "ANNUAL BID FOR DUMPSTER REPAIR," Bid #086-2510- 02/KR, to Lamons Welding & Design for an estimated annual expenditure of $60,000 Approve the "piggy-back" of Palm Beach County, Annual Roadway Landscaping Contract #2002052 to Vila & Son Landscaping Corporation to landscape Pump Station 415 at a cost of $27,821.20 Resolutions: Proposed Resolution No. R02-180 Re: Authorizing revised Grant of Easement Agreement between the City of Boynton Beach and Property Reserve, ]:nc., for dedication of a utility easement needed to serve the Calvary Chapel of Boynton Beach project Proposed Resolution No. R02-181 Re: bond for Wood Partners (Excavation & Fill $10,620 to $531 Reducing the cash Permit #01-2743) from Proposed Resolution No. R02-182 Re: Accepting Letter of Credit No. 2002061902 from Palm Beach County Bank in the amount of $26,663 as surety for the installation of water and sewer improvements for the project known as Cypress Creek Villas Proposed Resolution No. R02-183 Re: Approving Task Order #02-18 for locating Floridan Aquifer Supply, Well sites, with the Utilities General Engineering Consultants, CH2M Hill in an amount up to, but not to exceed $76,279 Agenda Regular City Commission Meeting Boynton Beach, Florida November 6, 2002 Proposed Resolution No. R02-184 Re: In support of the Florida Department of Transportation and its affiliated regional transportation agencies to recommend strategic investment in the FEC corridor area by expanding local and regional passenger service in these corridors o Proposed Resolution No. R02-185 Re: Approving the Tnterlocal Agreement between the City and the School Board of Palm Beach County for the mutual use of facilities between the City and Boynton Beach Community High School Proposed Resolution No. R02-186 Re: Ratifying the agreemen: ~:~tween the City of Boynton Beach and the Police Benevolent Association - Sergeant's Unit from October 1, 2002 through September 30~ 2004 Proposed Resolution No. R02-187 Re: Approving a project agreement with the Florida Inland Navigation District (F.I.N.D.) for the reimbursement of funds allocated for the Boat Club Park Navigation Channel dredging project Proposed Resolution No. R02-188 Re: Ratification of South Central Regional Wastewater Treatment and Disposal Board action of October 17, 2002: Authorization to expend $140,000 from Repair & Replacement Funds on an emergency basis to repair splitter gate box channel ($10,000) and sanitaire system in south aeration basin "A" plant ($130,000) 10. Proposed Resolution No. R02-189 Re: Reducing the Letter of Credit for Melear Subdivision (Building Permit No. 00-4237) from $360,307.50 to $100,000 11. Proposed Resolution No. R02-190 Re: Executing Letter of Appointment for Herbert D. Kelley, Jr., as Assistant Public Works Director/City Engineer Ratification of Planning & Development Board Action: New Alliance Haitian Church (NWSP 01-008), Hoadley Road (east side, south end) - Request for site plan approval for a one-story (240 seat) church on a 1.9-acre parcel ('Tab/ed) 4 Agenda Regular City Commission Meeting Boynton Beach, Florida November 6, 2002 V~TT, The Watershed (NWSP 02-015), Lots 48 A, B, C and D, Quantum Park PID - Request for site plan approval for a 282,404 square foot, 332- bed rehabilitation hospital on a 6.48-acre site in the Quantum Park PTD (~uantum Park Lots 73 A & B, 74, 75, 76 (NWSP 02-016), 1940, 1960, 1980 High Ridge Road, Quantum Park PID - Request for site plan approval for a 196,554 square foot industrial/warehouse/retail building on a 13.75-acre site in the Quantum Park PID Quantum Park Lots 73 A & B, 74, 75, 76 (CDPA 02-001), 1940, 1960, 1980 High Ridge Road, Quantum Park PID - Request for an appeal from Land Development Regulations Chapter 9, Section 11.3. to permit overhead bay doors to face High Ridge Road in the Quantum Park PID E. Ratification of CRA Action: None F. Approval to place on eBay the sale of the Police Department's Catamaran boat Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works Department and allow for the sale of same Authorize termination of agreement between the City of Boynton Beach and East Coast Golf Ball Company for failure to perform under contract terms for Lake Diving Service Approve the petition by Edward H. Petok, representing All County Limousine, :[nc., for a certificate of Public Convenience and Necessity CZTY MANAGER'S REPORT: None FUTURE AGENDA ITEMS: FRA Whistle Ban - Report (January 2003) - Delayed due to Federal Railway AdministraUon Delay in Rulemaking Bo 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) 5 Agenda Regular City Commission Meeting Boynton Beach~ Florida November 6, 2002 XI. DEVELOPMENT PLANS: None NEW BUSTNESS: A. Formalizing public notification procedures XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING None B. Ordinances- ist Reading Proposed Ordinance No. 02-054 Re: Amending the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) (The Harbors) Proposed Ordinance No. 02-055 Re: Rezoning from Community Commercial (C-3) to Infill Planned Unit Development (IPUD) (The Harbors) Proposed Ordinance No. 02-056 Re: Rezoning from Community Commercial (C-3) to Infill Planned Unit Development (IPUD) (Merano Bay) C. Resolutions: Proposed Resolution No. R02-191 Re: Consent and support for the annexation of property by the Town of Lantana and waiving annexation provisions of water service agreements which affect those properties Proposed Resolution No. R02-192 Re: Authorization to commence eminent domain proceedings to purchase property for the Boynton Beach Boulevard Extension, Promenade, Riverwalk and Mangrove Park Extension D. Other: None 6 Agenda Regular City Commission Meeting Boynton Beach, Florida November 6, 2002 XII~[. UNFINISHED BUSZNESS: None XZV. AD3OURNbtENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAI-~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 MADEf WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WiTH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN]OY THE BENEFITS OF A SERVICEr PROGRAM~, OR ACTIVITY CONDUCTED BY THE CITY, PLEASE CONTACT .1OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIV'iq'Y IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg F]:NAL AGENDA 11/412002 4:50 PH S:\CC\WP\CCAGENDA'~AGENDAS\YEAR 2002\110602 FINAL AGENDA.DOC 7 IV. ADMINISTRATI;VE ITEM A. 2141 Erwin Road Port St. Lucie FL 34952 (772) 337-9097 October 28, 2002 Dear City Clerk; This letter comes to inform you of my resignation from the Library Board. We have moved to Port St. Lucie at the above address. It has been my pleasure to work with the Library Board and to serve the City of Boynton Beach. Thanks for providing me with thc opportunity to serve. Sincerely, Dorothy B Walker IV. ADMINI'STRATLVE ~ · : I'TEM B. .iL 2141 Erwin Road Port St. Lucie FL 34952 (772) 337-9097 October 28, 2002 City of Boynton Beach Office of the City Clerk 100 E Boynton Beach Boulevard Boynton Beach FL 33435 Dear City Clerk: This letter comes to inform you of my resignation fi.om the Cemetery Board. We have moved to Port St. Lucie at the above address. Therefore, I must resign. It has been my pleasure to work with the Cemetery Board to serve the city in this capacity. Thanks for providing me with the opportunity to serve. Sincerely, Ods W. Walker V.-ANNOUNCEMENTS & PRESENTAT~[ONS ];tem B.l.a. WHEREAS, the Citizens of this Nation, the State of Florida, and the City of Boynton Beach live in freedom because of the sacrifices and contributions made by those who served in the Armed Forces of the United States of America in time of national danger; and WHEREAS, there are over one million veterans in the State of Florida who continue their devotion to the highest ideals of citizenship, and constitute a foundation of both the strength and progress of this State; and WHEREAS, we can never repay our debt to our veterans, for it is beyond any tangible price, but we can show our gratitude for their exemplary deed; and it is in the best interest of all the State that its citizens express their gratitude for these sacrifices and remind themselves of the great price of liberty; and WHEREAS, we are sure that there are still Korean and Vietnam POW's and MIA's and we ask that the City of Boynton Beach acknowledge this fact and pray for their safe return. NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, do hereby proclaim November 11, 2002, as: BOYNTON VETERANS COUNCIL VETERANS DAY UEMORIAL CELEBRATION in Boynton Beach, Florida, and urge all citizens of our City to remember the sacrifices and contributions of all those who served this Nation in time of war to preserve our cherished heritage of freedom at a ceremony to be held at Jaycee Park on Monday, November 11, 2002, at 2:00 p.m. 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 6· day of November in the Year 2002. ATTEST: Gerald Broening, Mayor City of Boynton Beach, Florida City Clerk (Corporate Seal) S:\CC~WP~CCAGENDA~roclamations\Veterans Council Celebration.11-2002.doc .-: **_ . -, Boynton Veterans Council American Legion Posts 164 & 288: Disabled American Veterans 152: Jewish War Veterans Post 440: Korean War Veterans Unit 17: Military Order of the Purple Heart Post 687: Veterans of Foreign Wars Posts 5335 & 10150: Sons of the American Legion Post 164 9525 Majestic Way Boynton Beach, FL 33437 October 13, 2002 TO: Gerald Broening, Mayor Mr. Kurt Bressner, City Manager Janet Prainito, City Clerk Marshall Gage, Police Chief John Wildner, Park & Recreation Ronald Weiland, Vice Mayor William Sherman, Mayor Pro Tern Mack McCrag, Commissioner Charlie Fisher, Commissioner Boynton Beach City Hall 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 The Boynton Veterans Council will be holding our Veterans Day Memorial Celebration on Monday, November 11th, 2002, at 2:00 PM. This letter is a written confirmation to the City that we are requesting the usage of the Jaycee Park on Federal Highway, as well as set-up of the tent, seating, and speaker system. Your Parks Department staff (John Wildner) is familiar with the requirements of this annual program. It would be appreciated if the City would issue a Proclamation in Honor of this event. Mayor Gerald Broening is invited to present this at the program; all members of the City Council are invited to attend and will be introduced to the attendees. Please confirm the date when. the Proclamation will be read to the City Counsel so that ! can Afterwards, a BBQ will be served at the park for all attendees, and their guests. Please join us in this repast. I appreciate your help, and understanding, regarding this impersonal contact. Gerald A. Levine, Past Chairman 9525 Majestic Way Boynton Beach, FL 33437 561-734-0192 E-mail: gerrymega~.AOL.com Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VI.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST FOwva 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 comrmssion Meeting Dates [] October l, 2002 [] October 15, 2002 November 6, 2002 November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5. 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation ~7~ [] City Manager's Report ---4 RECOMMENDATION: Please place this request on the November 6, 2002 City Commission Agenda und~ Public Hearing. The Planning and Development Board with a 5 to 2 vote, recommended that the subject request be'- approved, subject to staff comments. For further details pertaining to the request, see attached Department of Devel~lmentq Memorandum No. PZ 02-211. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Nautica Right-of-Way (ABAN 02-002) Michael Rodriguez, Esq. Sachs, Sex, & Klein, P.A. Nautica Homeowner's Association Nautica PUD at Lawrence Road Request for abandonment of the Nautica Boulevard right-of-way to be replaced by a dedicated access and utility easement in the Nautica PUD. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Develolm~nt Department Dtrector City Manager's Signature Planning and Zot{i~g Director City Attorney / Finance / Human Resources S:LPlanning~SHARED\WPLPROJECTSXNAUTICA~ABAN 02-002~Agenda Item Request Nautica Right-of-Way (ABAB 02-002) 11-6-02.dot S:\BULLET1N~ORMS~AGENDA ITEM REQUEST FORM.DOC TO: THRU' FROM: DATE: SUBJECT: DEVELOP:~IENT DEPART.MENT ~IEMORANDUM NO. PZ 02-211 Chairman and Members Planning and Development Board Michael W. Rumpf Planning and Zoning Director Eric Lee Johnson, AICP Planner October 3, 2002 Nautica PUD Right-of-way Abandonment ABAN 02-002 NATURE OF REQUEST: This request to abandon a public right-of-way was submitted on May 15, 2002. The applicant, Michael A. Rodriguez, Esq. agent for Nautica Homeowners Association, is requesting to abandon the Nautica Boulevard right-of-way (Tract "B"). The abandonment will also include a small portion of the Bermuda Sound Way right-of-way. The plat shows that this portion of Bermuda Sound Way is a component of Tract The entire right-of-way of Nautica Boulevard (including that small portion of Bermuda Sound Way) as shown on the survey will be converted to private road and the Home Owners Association will grant to the City, a utility easement over that roadway for utility and maintenance purposes. In addition, the portion of Nautica Boulevard that directly abuts the City park (Tract "D') will be coverted to a private roadway and granted to the City, both as a utilty easement and as an access easement. The attached Exhibit "B" shows the location of the applicant's property and includes a diagram of the specific rights-of-way to be abandoned. BACKGROUND: The 80-foot wide right-of-way (Tract "B') currently functions as the primary means of ingress / egress to the residents of Nautica PUD. The Home Owners Assocation of Nautica PUD has expressed future interest for possible roadway improvements (such as the installation of speed humps) as well as increased security measures (gated entranceways). Nautica Boulevard, a loop road, directly connects to Lawrence Road at two different points. ADJACENT USES: (see Exhibit "A" - Location Map) No~h: Nautica PUD Plat One, City of Boynton Beach Park (Tract "D") South: Nautica PUD Plat Two East: Lawrence Road right-of-way West: Nautica PUD (Recreation Tract) Page 2 Memorandum No, PZ 02-211 ABAN 02-O02 ANALYSIS: If the abandonment is executed, both halves of the 80-foot wide right-of-way of Tract "B" would be deeded to the HOA, except for the half (40-feet) directly adjacent to Tract "D" (City park). This half (abutting the public park) would be owned by the City. However, the City would then Quit- Claim this half back to the HOA so that the HOA would maintain the right-of-way. Finally, the 80-foot wide right-of-way (only abutting Tract "D") will serve as a utility easement and also as an access easement. Converting Nautica Boulevard (Tract "B") to a utility easement will allow for service and emergency vehicles to access the roadways / utility infrastructure if the need arises. An access easement, however, would only allow the public to access the City park (when the park is developed). The HOA submitted the necessary documents to abandon the right-of-way and convert it to a utility easement / access easement. It is staff's understanding that the Homeowners Assocation (HOA) of Nautica PUD wants to convert the Nautica Boulevard right-of-way from a public road to a private road in order to facilitate possible future improvements within the right-of-way (such as gating the entranceways or installing speed humps). Any future consideration for gating one (1) or both of the development's main entrances or to install traffic calming devices would require separate staff review. This staff report neither addresses nor anlyzes the gating of the entranceways or the installation of traffic calming devices. If this abandonment is approved, a master plan modification to the Nautica PUD would be required should the HOA request these major types of improvements. With consent from staff, a private road within a residential subdivision, such as Nautica Boulevard, could be closed off to the public provided that fire and emergency ingress egress is maintained. The following responses were received from the affected parties: CITY DEPARTMENTS Engineering Utilities Planning and Zoning No objection No objection No objection PUBLIC UTILITY COMPANIES Florida Power and Light - Bell South - Florida Public Utilities Company - Cable Company (Adelphia) - Cable Company (Comcast) - Approval with conditions (see Exhibit "D") Approval with conditions (see Exhibit "D") No objection No objection N/A RECOMMENDATION: Staff recommends that this request to abandon the right-of-say be approved, subject to the comments included in Exhibit "C" - Conditions of Approval. Any additional comments recommended by the Planning and Development Board or by the City Commission will be placed in the Conditions of Approval. xc: Central File S 'PI,~mng'SHAP--ED~WP~PROJECTS\NAUTICA'ABAN 0Z-00Z'S~affRcp~rt doc Location Map Nautica Abandonment EXHIBIT "A" }> -:- BAHIA WAY EXHIBIT "B" 200 0 f'~ GRAPHIC SCALE TRACT "B% NAUTICA P.U.O PB 74, PO 170-175, P.B.C.R. } :NAUT CA 9OUL£/ARF} fP RECREATION TRACT LEGEND P PLAT PBCR PALM 8EACH COUNTY RECORDS PB PLAT BOOK PC PACE LB LICENSED BUSINESS PSM PROFESSIONAL SURVEYOR AND MAPPER ORB OFFICIAL RECORO 800K FPL FLORIOA POWER ANO LIGHT R RADIUS A ARC L LENGTH ~ DELTA ~ CENTERLINE PLAT L!M[TS SKETCH OF DESCRIPTION DATE 0,-0]-02 DATE REVISIONS ..-4~i~£BTN. AND $CHNAR$, P.A. AS SHO~ SCALE 8~8 NAUTICA BOULEVARD TRACT "B", NAUT~CA P.U.D. F~ELD (PB 7~, PG. 170-175 P.B.C.R.) O~NC. Bf f.H.6. S~[ET NO. 2 0F 6 SHE[rS '~L~ ~[~C~ COU~fY. FLORtD~ CHK. BY R.K.K. DRAWING NO. 16937L- EXHIBIT "C" Conditions of Approval Project name: Nautica PUD Right-of-way Abandonment File number: ABAN 02-002 Reference: Abandon Nautica Boulevard right-of-way DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None 1. A utilities easement encompassing [he entire Nautica Boulevard right-of-way X shall be dedicated to the City of Boynton Beach. This dedication shall occur prior to final recordin~ of the abandonment. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Conditions of Approval DEPART~MENTS INCLUDE REJECT Comments: None X PLANNING AND ZONING 2. To ensure the intended use and maintenance of abandoned right-of-way for X private access purposes, the appropriate documents(s) or plat shall be amended accordingly. 3. Project will require approval of Florida Power & Light and BellSouth X Telecommunications Inc. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 4. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 5. To be determined. S:\Planning\SHAR ED\W P\P ROJ ECTS\N AUTICA',,ARAN 02-002\COA.doc EXHIBIT "D" October 22, 2001 Sachs, Sax & Klein, P.A. Northern Trust Plaza Suite 4150 301 Yamato Road Boca Raton, Florida 33431 Attn' Michael A. Rodriguez, Esq. RE: Application to AbandonNacate Nautica Boulevard Right-of-Way, Boynton Beach, Florida Dear Mr. Rodriguez: In reference to your letter dated October 16, 2001 (see enclosed), FPL has no objection to the Abandonment/Vacating of Nautica Boulevard Right-of Way. This "no objection" is contingent upon as stated in your letter, once the right-of-way is conveyed to the Association, FPL road crossing facilities are protected either by easement or permit. If you require any further information or assistance, please do not hesitate to contact me at (561) 742- 2009. Sincerely, ~ me~s Lockett ~ Customer Project Man. a. ger ,~n ¢PL Grn.p cnmpany EXHIBIT "D" B£LLSOUTH BellSouth Telecommunications, Inc. ENGINEERING DEPT. - RM. 107 202; SO. MILITARY TRAIL October 1,2001 Mr. Michael A. Rodriguez, Esq. Sachs, Sax & Klein, P.A. Suite 4150 - Northern Trust Plaza 301 Yamato Road P.O. Box 810037 Boca Raton, Florida 33481 Application to Abandon/Vacate Nautica Boulevard Right-of-Way Boynton Beach, Florida Dear Mr. Rodriguez: BellSouth has facilities in this Right-of-Way. Therefore, we require 24 hour access [ ingress egress regress] to this right-of-way. In addition, for exiting and future facilities we are granted the same rights to remain in or place future facilities in the right- of-way. If you have any questions please call me at 561-439-9118. Yours truly, LFM:dn DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Nautica Boulevard PUD Rigt-of-way Abandonment APPLICANT'S AGENT: Michael Rodriquez APPLICANT'S ADDRESS: 301 Yamato Road, Suite 4150 Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 6, 2002 TYPE OF RELIEF SOUGHT: Abandon Nautica Boulevard Right-of-way LOCATION OF PROPERTY: Nautica PUD DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~ HAS ~ HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S :\Plan ning\S HARE D\W P\PROJ ECTS\NAUTICA'~ABAN 02-002~DO.doc City Clerk VII.-CONSENT AGENDA O CITY OF BOYNTON BEAC ITEM B.1 --:. :'- AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates [] August6, 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 CiW Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve the purchase from Intergraph Government Solutions a video enhancement system. EXPLANATION: The video enhancement system will allow the department to clarify surveillance tapes to improve the quality of the tape in order to identify the suspect or vehicle. This system allows for digital enhancement, frame by frame viewing, frame magnification and other features. Video analyst uses NASA's video image stabilization and registration technology. I.G.S. is on a GSA Contract Number: GS-35F-0011-K. PROGRAM IMPACT: FISCAL IMPACT: Funding has been provided by the federal Local Law Enforcement Block Grant 2002LBBX0257. LLEBG 90% $ 26,918.99 City 10% $ 2,991.00 Total $ 29,909.99 funded in account 105-3302-513-64-15 ALTERNATIVES: - ~ity Manager s ~rgnamre Police Department Name City Attorney / Finance / Human Resources S:kBULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC 18/89/'2882 ........... 23:86 __ 2567382424 PAGE 02 October 10, 2002 Quote Prepared For: Michael Munro City of Boynton Beach Police Department 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33495-0310 Quote Prepared By: David R, France Video Analyst Account Manager 170 Graphics Drive MS: 1511 Madison, AL 35758 Phone: 256-730-1324 Fax: 256-730-2424 E-marl: drfran=ei~ingr, com Quote ID: 15100.0210101041 GSA Contract Number; GS-35F-O011-K V!? Anahmt ~.~,.,~ 40~ -~ J4" LCD Monitor FFBA$01~ Dual 1.2 GHz lamcm~om, 1Ga RAM, 40Ga System Drive, 4-36GB Ultra180 10K Striped Video DHve. G450 Graphics Card, DVD-R/RW, 10/100 Ethernet Card, Win2000, Adobe Premier 6.0 w#h Video AnelyaUVlSAR Tool Set, DV and Unc.,o~pm~s Capture, 3 Year Ha~ehuare Warranty 1 $ 27,585.00 $ 27,S8S.00 FFWARR0300 P~mlurn Sewicm/Softwam Support (12 months) - Software support will be provided lo customer during the houm of 08:00 am to 5;00 pm CST. Mmldey - F~ley, ozdudle~ Intergmph-obs4~:l holidays. Software supl~rt will Include and be limited to the following: Telephone support line and web. be.ted logging sewk:e pmvldlng the customer answers to software requests by Intergraph sul:~on engineer~ for product specifk: technical ~eeds and problems. Intergraprt will i:xovide upgrade.i, when made available for which Premium Servk:e has btam purchased Upgrade(s) refora to subsequent releases to the Intergraph Video Anal/M software proelucts. 1 $ 1,425,0G $ 1,425.00 Open Market v._~ FFOP'I'*~ JVC SR-V10U Pronto' FFOPT'"'* HP Pholoomed 7550 Printer 1 S 400.00 $ 400,00 1 S 399.99 S 3gg.~ Tratnlna FFCRSEq 011 video Analyst 2 day Tml,lng In Huntsville, AL at the INergraph facility. Training for up to ;3 #~lh~lUlll. [-rra~l, lodging, and meals am not Included.) I $ 1,a95.00 S 1,4gs.00 Disoount ruth purahaae ~ VAS 400 S 1,496.00 Tol,I Note~: Quote is valid for 30 days ~rom October 10, 2002. Shipping and Installation not included. Intergraph Solution~ Group Do You See What I See? VII.-CONSENT AGENDA ITEM B.2. 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 [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve thc purchase from Cross Match Technologies, Inc. the second phase of our "AFIX" fingerprint and palm print identification systcn'~ EXPLANATION: Phase one of"AFIX" was the computerization of existing £mger print cards and software. The second phase is the capability of replacing the traditional ink-on-paper method to a scan system. With the scan system it allows for a timely and more accurate identification. This system meets the FBI and IAFIS requirements for live scan imaging. Cross MatchTechnologies is on the State Contract No. 680-370-03-1 PROGRAM IMPACT: FISCAL IMPACT: Funding has been provided by the Federal Local Law Enforcement Block Grant 2002LBBX0257. LLEBG 90% $ 32,014.80 City 10% $ 3,557.20 Total $ 35,572.00 funded in account 105-3302513-64-15 ALTERNATIVES: ~'~ Department Head's Signature City Manager's Signature Police Department Name City Attorney / Finance / Human Resources S:'~BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC April 11, 2002 Pricing Quote # BNTNO41102ArevB Criminal Palm and Fingerprint System Qtv Product Code ,Des~;riptl0n Prlce Amount 1 925001 =Bundled ID1000 10 Print live scan system (500 15,675 15,675 dpi) with standard desktop Windows 2000 computer (std 90 day wrrty) I 930020 Annual maintenance for Bundled ID1000 10 1,953 1,953 Print live scan system with standard desktop Windows 2000 computer (9 mos wrrty) 1 930002 Annual maintenance for Bundled ID1000 10 2,605 2,605 Print live scan system with standard desktop Windows 2000 computer (12 mos wrrty) 1 920043 ID1500 Palm Scanner (std 90 day wrrty) 7,980 7,98C 1 930009 Annual Maintenance for ID1500 1,120 1,120! 1 930012 Day Training 500 500 1 930013 ~ Florida Implementation 500 500 1 900078 Integrated Steel Cabinet and TS Monitor 4,195 4,19~ Optional Items 1 900062 Lexmark FBI-approved Network Printer 2847 2,847 w/duplexer for 2-sided printing of fingerprint cards 1 ~Q0031 ID1000 SuDDlies kit Std 1~0' 150 Subtotal Taxes exemot? Shiooina N/C~ Cross Match Technologies, Inc. 3860 RCA Boulevard, Suite 6001 Palm Beach Gardens, FL 33410 Tel. (561) 622-1650 - Fax (561) 622-9938 Intemet: www.crossmatch.net - E-mail: sales@crossmatch.net VTi'.-CONSENT AGENDA O ITEM B.3 CITY OF BOYNTON BEACI '.' AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetin~ Dates in to City Clerk's Q~ffice [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 September 16, 2002 (N~) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (No~a) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noo~)~ [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noo--ff) NATURE OF AGENDA ITEM [] Administrative [] Development Plans Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to award the "ANNUAL BID FOR DUMPSTER REPAIR", Bid #086-2510-02/KR, to Lamons Welding & Design for an estimated annual expenditure of $ 60,000.00. EXPLANATION: On September 26, 2002, Procurement Services received and opened two (2) proposals. The proposals were reviewed and it was determined that Lamons Welding & Design, Boynton Beach, Florida, is the lowest, most responsive, responsible bidder who meets all specifications. Chris Roberts, Assistant Public Works Director, and Larry Quinn, Solid Waste Manager, concur with this recommendation (Memo #02-0137 is attached). PROGRAM IMPACT: The purpose of this bid is to provide the Public Works/Sanitation Department with a cost effective and timely service for the repair of the City's dumpsters on an "AS NEEDED BASIS". The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. FISCAL IMPACT: In an effort to reduce dumpster repair costs, the welder assigned to the Utilities Department will perform in-house welding services for Public Works when time permits. BUDGET ACCOUNT Dumpster Repairs g431-2515-534-46-93 Deputy Director of Financial Services ESTIMATED ANNUAL EXPENDITURE $ 60,000.00 ~gnature Procurement Services Department Name City Attorney / Finance / Human Resources cc: Jeff Livergood, Public Works Director Chris Roberts, Assistant Public Works Director S:\BULLETINWORMSL&GENDA ITEM REQUEST FORM.DOC Larry Quinn, Solid Waste Manager File PUBLIC WORKS DEPARTMENT Memorandum No. 02-0137 RECEIVED OCT 1 12002 pR. OCU~~ .:S TO: VIA: FROM: DATE: SUBJECT: Bill Atkins, Deputy Finance Director Chri§tine Roberts, Assistant Public Works Director Larry Quinn, Solid Manager October 2, 2002 Annual Bid Dumpster Repairs #086-2510-02/kr I have reviewed the bids received for dumpster repair and recommend it be awarded to the low bidder Lamons Welding and Design for a period of one year on an "as needed basis". The Budget name and account number is Dumpster Repairs 431-2515-534-4693 in the amount of $60,000. It should be noted that as time permits some of the needed repairs will be completed in-house by the Welder assigned to the Utilities Department in an effort to reduce costs. If you have any question please give me a call at 742-6206. LQ/dc (,om o-0 "O .--I m 0 0 z z 'lJ t"rl C~ ['~ 1'-4 ~ ~"n rn"n ~:~ ~o -~ rn ~ a Z ::x; Z .--I. O ~ '-n -n -n.n -n C ~ , Z;~ :1 c a - m c0~ ~ ~ °Omo'° a,~ ~o - ::o~ ~ a ~ c > .z. '; ~°' OTM Z om m O,~ -o m.< ~ ~ acor- ~-. - mO O z ~ -< -< rn ~ rn z i-n rn o3 ~: o3 O o3 co 03 co O - ~ ~ o 7>. C --Z-- 3> "r' ..~ :;0 ZO ;0 I-r1 C/3-1 rn · ~ ~ o op0 --I mZO. c-3m mrn " -I z' om ~ rtl ITl ~<: - z-- ~-. · ~ co~ o~ z > "0 O --I h<,., "~ ;0m m z m o ~- -,-mz o co ~-n co o o ~ ~ > - z~ o ~ ~ ~' :Z--I..~ --I o ~ -~ C - > o r-m~ o~ 3>. "no ~ Z m m ~ N 03 o r- ~ Z .~.00 mm Z Z 0 rn m BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Mailing Date (City): Bid Title: Bid Number: Bid Received By: September 6, 2002 "ANNUAL BID FOR DUMPSTER REPAIR" 086-2510-02/KR SEPTEMBER 26, 2002, NO LATER THAN TIME) 2:30 P.M. (LOCAL Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and' time is scheduled for: September 26, 2002, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: ~ a 13 $ ~ [ ).a~, 'q ¢ .~. c, ~ A Co~oration of the State of: ~[ ~r; ~ ¢ Area Code: ~.~{_o i Telephone Number: Area Code: .~ ~ [ FAX Number: Mailing Address: ~ c~ 0 ('3 ~' City/State/Zip: ~L~C~O ~ Vendor Mailing Date: (~ -~ ._~)~0,,. Authorized Signature Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 13 SPECIFICATIONS FOR ANNUAL BID FOR DUMPSTER REPAIR SCOPE OF BID: The City of Boynton Beach is seeking a source to provide the Public Works/Sanitation Department with a cost effective and timely service for the repair of the City's dumpsters for a period of one (1) year. The estimated annual expenditure is $ 60,000.00. The bidders will be carefully screened to insure the resource availability of the bidder to perform the required services. Services will be provided on an "AS NEEDED BASIS". Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off" sheets (Pages 3-4) with the proposal sheet in order for a bid to be considered. The successful bidder shall provide services in accordance with the following conditions: __~Vendor must presently have the resource availability to perform the specified work in "acceptable time schedule and provide the necessary transportation of specified equipment. [//Vendor shall be prepared to show evidence of having the ability to successfully provide this type of service, and shall provide a customer list with telephone numbers and contact person to verify the claims. Vendor must provide pickup and delivery of dumpsters to be repaired. The dumpsters shall be picked up from and delivered back to the Rolling Green Municipal Complex located at approximately N.W. 16* Avenue and N.W. 4~h Street in Boynton Beach. Within a twelve (12) hour working day period, arrangements must be made for dumpster(s) pickup, completion of necessary/required repairs, and delivery of the repaired dumpster(s). Working days are defined as Monday through Friday. The work shall include, but not necessarily be limited to: cutting out and removing the old rusted out bottom of the dumpster and replacing it with the same gauge and quality of steel as that used in the walls of the dumpster; lid bar tabs shall be inspected and repaired as needed. The bottom of the dumpster shall be properly equipped with a replacement drain plug. The new bottom shall be fabricated with 90° flanges on each side. The flanges shall be a continuous weld to the exterior of the container, forming a water tight bottom to the container. Any repair work performed shall be in accordance with accepted practices for the painting of s/eel. It shall be primed and the entire dumpster shall be painted with a new coat of indusrr/al 4namel paint. Paint used for a:-' and all dumpster repairs shall be equivalent to "Industrial Enamel" produced by Sher~in Williams, Product Number B54 T104, and shall be color: "Packer Green". The vendor ~hall be responsible for a complete inspection of the dumpster. The vendor shall report and obtain approval for any additional recommended repairs(s) to: Larry Quinn, Solid Waste Manager, (561) 742-6206. All prices are F.O.B. Boynton Beach. ADDITIONAL WORK Additional work shall include miscellaneous repairs to dumpsters and/or roll-off containers on an "AS NEEDED BASIS". Price quotes for additional work found to be necessary must be approved in advance by the Solid Waste Manager, Larry Quinn, and quote shall include both time and materials. OPTIONAL BID Vendor may submit a bid to repair the dumpsters at the City's facility located at the Rolling Green Municipal Complex. Vendor must provide the City of Boynton Beach with a Certificate of Insurance in the amount of one million dollars for Commercial General Liability and products Completed Operations. The liability policies must list the City of Boynton Beach as additional insured (please refer to Attachment "A" for other required insurances). PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: q - ~ ,~' (f -:~)- The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of service called for. When submitting more than one bid proposal price for this service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The estimated annual expenditure for Dumpster Repairs is $ 60,000.00. The vendor shall provide a fiat rate price for a period of one (1) year on an "AS NEEDED BASIS" for the replacement of dumpster bottoms, including preparing, priming, and painting; inspection and repair of lid bar tabs; and all transportation associated with the repair, as per the specifications, for the following size dumpsters: 2 Cubic Yard $ 3 Cubic Yard $ 4 Cubic Yard $ 6 Cubic Yard $ 8 Cubic Yard $ ADDITIONAL WORK (Work performed at Contractor's facility) Additional work shall include miscellaneous repairs to dumpsters and/or roll-off containers on an "AS NEEDED BASIS". Price quotes for additional work found to be necessary must be approved in advance by the Solid Waste Manager, Larry Quinn, and quote shall include both time and materials. Additional WOrk $ ./per hour (includes both time and materials) THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 14 OPTIONAL BID Cost to repair the dumpsters at the City of Boynton Beach facility located at the Rolling Green Mumcipal Complex: 2 Cubic Yard $ 3 Cubic Yard $ ,. 4 Cubic Yard $ ;/ ,/~00 6 Cubic Yard $ 8 Cubic Yard $ ADDITIONAL WORK (Work performed at City facility) Additional work shall include miscellaneous repairs to dumpsters and/or roll-off containers on an "AS NEEDED BASIS". Price quotes for additional work found to be necessary must be approved in advance by the Solid Waste Manager, Larry Quinn, and quote shall include both time and materials. Additional Work $ · /per hour (includes both time and materials) ALL PRICES F.O.B. BOYNTON BEACH Number of Bid Proposals submitted Specification "check-off" sheets (Pages 3-4) submitted Customer List submitted THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 15 TELEPHONE NUMBER SIGNATURE P~ED N~ TITLE THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 ..: _N_oNCOLLUSION AFFIDAVIT OF PRIME BIDDER State of County of Florida ) Palm Beach ) Edward Lamons , being first duly swom, deposes and says that: 1) He is owner of Lamons Welding & Design , (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including th)~ affiant. (Title) owner Subscribed and sworn to before me This //~ dayof ~t[Sz~Y~ My commission expires /7 Lcc~ ,20 O~-~ ~.1¥ ;.;OUUlSSION # DO00?~O0 [[ !A~,~' F-.XP, RES: July 9. 200~ THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ' NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of County of (Title) 1) He is (Name of Corporation or Firr~) , being first duly sworn, deposes and says that: 2) the bidder that has submitted the attached bid: He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) 4) 5) Said bid is genuine and is not a collusive or sham bid; Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the (Local Public Agency) or any person interested in the proposed Contract; and The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the pan of the bidder or any of its agents, representatives, owners, employees, or panics in interest, including this affiant. (S i gn e d )fC~ ,,/O~,...,,.-/,.....~ t0 .~-~ (Title) ~/~7.4 ~ ¢~ ~'~'~ Subscribed and sworn to before me This ~ day of My commission expires , 20 . THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 17 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) COUNTY OF PALM BEACH ) SS I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my finn or by an officer of the corporation. By: NAME - SIGNATURE Sworn and sub,scribed before this [ t~:/~ , day of ~ ,20 tS>,~ NOTARY PUBLIC, State of Florida at Large .' ~: 'Ti' ur com. ~.. ,/~ mooa :.,'~;3',~ .' No. cc So20oo "OFFICIAL NOTARY SEAL" STAMP Printed Information: NAME TITLE CO~[PANY THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 18 .cONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for furore use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your. bid proposal sheet making it an official part of your bid response. AMERICAN INDIAN BLACK HISPANIC WOMEN OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? NO If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification ! Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 19 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: l) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-flee workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's S~fiature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 2O STATEMENT OF NO BID If you are not-bi.'ddjng lhis service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. COMPANY NAME: ADDRESS: TELEPHONE: Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. 1 SIGNATURE: DATE: WE, the undersigned have declined to bid on your Bid #086-2510-02/KR for ANNUAL BID FOR DUMPSTER REPAIR because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) REMARKS: Other (specify below) IF YOU ARE NOT SUBMITTING A BID, PLEASE COMPLETE FORM AND RETURN TO PROCUREMENT SERVICES U=I 0 ::3 :::) u.~ Z ~ Z a3 {:33 133 NAME OF BID: ANNUAL BID FOR DUMPSTER REPAIR BID DATE: SEPTEMBER 26, 2002 BID TIME: 2:30 P.M. (LOCAL TIME) BID #: 086-2510-02/KR STATEMENT OF "NO BIDS" LISTING VENDOR A 21sT CENTURY WELDING SERVICE 199 NW 28Tx STREET, #6 BOCA RATON, FL 33431 DOUBLE EAGLE WELDING & EQUIPMENT SERVICE 410 W. INDUSTRIAL AVENUE, BAY 2 BOYNTON BEACH, FL 33426 ffETAL SUPPLY & MACHINING, INC. 1364 GWENZELL AVENUE DELRAY BEACH, FL 33444 UNLIMITED WELDING, INC. 235 OLD SANFORD OVEIDO ROAD WINTER SPRINGS, FL 32708 REASON OUR PRODUCT SCHEDULE WOULD NOT PERMIT US TO PERFORM. NOT ENOUGH TIME TO REVIEW & GET PRICE QUOTES FROM SUPPLIERS DUE TO OUT-OF-STATE PERSONAL PROBLEMS AT THIS TIME. WE DO NOT OFFER THIS PRODUCT OR AN EQUIVALENT. OUR PRODUCT SCHEDULE WOULD NOT PERMIT US TO PERFORM. NOT A LOCAL COMPANY TO BE ABLE TO SERVICE DUMPSTERS. Requested City Commission Meeting Dates [] August6,2002 [] August 20,2002 [] September 3, 2002 [] September 17, 2002 VII.-CONSENT AGENDA ITEM B.4 CITY OF BOYNTON BEAC[ 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 (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 the "piggy-back" of Palm Beach County, Annual Roadway Lb~dscaPi~g Contract # 2002052 to Vila & Son Landscaping Corporation to landscape Pump Station 415 at a cost of $27_,821.20.~'~ EXPLANATION: The Utilities Department has converted Pump Station 415, located at SW 3ra Street and SW 6th Avenue from a single electric pump system to a two pump submersible system. The surrounding area is a retention area and ready for landscaping. The City is utilizing a Palm Beach County, Roadway Landscaping Contract, awarded to Vila & Son Landscaping Corporation for landscape needs. They have completed many projects throughout the City and have performed satisfactorily. As directed by Staff, Vila & Son has prepared a landscape plan that includes repair and replacement of existing fence and privacy slats, along with landscape beautification. PROGRAM IMPACT: This landscaping will tie into future improvements in the area that include water main and street improvements. Utilities Department needs to beautify the area now for the residents. FISCAL IMPACT: Funding is available in the FY2002/2003 budget as follows: Account Description Renewal/Replacement - Sewer Project #SWR-081 Deputy Director of Financial Services Account Number Amount 405-5000-590-96-04 $137,000.00 ' '~'~eCity Manager s'"~ignature Procurement Services Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSX, AGENDA ITEM REQUEST FORM.DOC REQUEST FOR REQUISITION H.T.E. ENTRY DATE: H.T.E. REQUISITION # Clerk: Procurement Ass't: Director: City Manager (non budgeted capital and/or $5000+): REASON FOR PURCHASE: Landscape improvements for pump station ~415 - Stormwater VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: Vila & Son Landscape Admin. ( ) Date: 10-1-02 ASAP (x) Address: 1930 D Road Construction ( ) Date Needed: ASAP Confirm. ( ) Loxahatchee, FL 33470 Cust. Rel. ( ) i ASAP/ConE ( ) Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: Phone(contact): Lab ( ) Quotes/Verbal ( ) E. Admin. 40 ( )~ (over $500) Pumping (x) Quotes/Written ( ) E. WTP 41 ( ) (over $2000) Vendor Number: PWMaint. ( ) Bid Docs. PBC (x) W. WTP 42 ( ) #2002052 PWOps. ( ) Sole Source Ltr. ( ) P/U 99 ( ) INITIATOR: Sewage ( ) Insurance ( ) Special Instructions: Requirements: APPROVED: Strmwtr. ( ) Project Number: SIdR081 Quan. Unit Price Description & Part Number Fund Dept Basic Elem Obi Amount 1 7,500.00 Chain Link Fencing 7,500.00 405 5000 590 96 04 1 2,350.00 Irrigation 2,350.00 1 17,971.20 Landscaping per attached detail 17,971.20 TOTAL 27,821.20 U:\conboyuserdata\wordata\wordfile~xequisition blank.doc ,FRCIP : Dep~r~ment of Bflftneering ~nd Public I~orl~ PO. B~ ~1229 Palm Se~h, FL ~416. ! 229 w~co. p~lm.begch,~.us C~OI A. ~m. Vice Ch=Ir M~ McCu~ ~le L. G~ene e~un~ ~lt~bt~tor Robert FRX NO. : / Dccember 20, 200 t1 Vila & Son Landscaping Corp. 930 D Road Loxahalchee, FL 334'70 Jan. 02 2882 03:14FM P2 Attention: Mr luan C, Vila, President SUBJECT: ANNUAL ROADWAY LANDSCAPING CONTRACT PROJECT NO. 2002052 Dear Mr. Vila: Enclc~ed please find an original executed Contract for the above project for your use. Effective as of December 4, 2001, this letter serves as your Notice to Proceed with the specified work upon issuancc of written Work Orders issued by thc following authorized Palm Beach County Dcpartrnents: Engineering & Public Works, Parks & Rocreadon, Facilities Dcvclopment Operations, Airports, and Fire Rescgc. Upon complction of each task you need m .~ubmit a M/WBE Schedule 4 with your invoice to thc Department from which you received the Work Order. While minority participation ma), not lac utilized on every Work Order, you need to meet the minority participation required by the contract. A blank Schcdule 4 is attachcd ~nd cai also be found ~ the contract. If you h. avc any questions regarding this contract, please call mc at 684- 4070. Cordially, Charles Rich, P.E., Director Engineering Services Division Attachments pc: Irwin Jacobowitz, Director, Contract Development & Control FROM : FPX NC. ~ ~an. 02 -:~02 ~S'I~PM P~ R2001 STATE OF ~LORIDA ) ) SS COUNTy OF pAL~E~ACH) This Contract, made this -L~ da, of _.&~V~J~I~~ A.D. by ~d ~we~n P~ B~CH ~, a Political Su~lvtsto~ of the State of Flori~, (hereinafter call~ ~e Co~y), and VI~.~ & SON--DeWiNG COP~ of~~T~E. F~RIDA ._, and (his) (it~) C~eir) heirs, ~cceesors, ~ecu~ors, a~inie~a~ors assigns, ~hereinaf~er called the Contractor)~ WITNESSETH: The Contractor agrees wi~h ~he county, for ~he consideration herein mentioned at his, its or their o~proper cos= and I~ense ~o do all ~e work a~ ~urniSh all necessa~ labor, na~erials, e~i~on~. ~lne~. ~oo18. a~aratus, me.ices, s~a~e wor~en,s compensation and unenplo~ent c~penaation Uaxes incurr~ ~n ~e perfo~nce of ~e con=tact, ~gr ~e= IN THEAMOUNTS specified in Work Orders which may be issued by the CountY' under Section #23 and the other terms of the Contract D0oume~Cs. 'T~e County is ncc required to issue any task orders hereunder. The maximu~Value of orders issued under~his Contract shall not, in any case, exceed THREE MILLION, FOUR HUNDrED NINETY THOUSAND DOLLAR$ ($3,490,000] (eXcept almay be increased according to section #40 of the Contract Specifications). The Contract Docmaente relative hereto are made a part of thii agreement al ~ompletil¥ ai if Iet for~hharein to the satisfaction o~ the countM or its duly authorized representative. FROM : FAX NC. : .T&n. 02 2~02 ~_3: 1,~,c'M t:::4 ?he Contractor further agrees for the consideration herein mentioned to Co~w~_ence the work with adequate forces end equipment within seventY-two , ¢721 hour- of the ta~k order being ilSUsd for & specific project. A~er commencement of the work,' it shall, be properly dispatched toward ccapletton, to the satisfaction of the Engineer, and shall be fully complete Within ~he time completion of acid work ~a ~he essence of the contract and should the Contractor fail to comgletethe work vtt~ln the time limit it ~ agrud.that for .uch calendar d.y that any work prov,d.d ,o~ in r. ne~e uon~ract Documents shall remain incomplete after the 'time after the rime limit has expired, [ncluding any official extension 'of the time 11mit; the'sum per da y gzven lng. Ire contained schedules ~h~ll b~ al.ductsd from monl., du. th. con~r.ctor, not a.. penalty, ~u~ al liquidated damages and added expense for supervision. The Con~raCtor shall taka into account all contingent work which has to be done .by other par~ies er£eing from any cause whatsoever, and shall not plead his want of knowledge of such contingent work as an excuse for delay in hie work, or for its non-performance. FRO~ ~ F~X NO~ ~ Jan. 0~ ~0~ 0~ ~FM PS IN WITNESS WHEREOF, ~he par~£es have caused this Contraot be executed and sealed the day and year first written ~OVe, ~EST: OF CIRCUIT PALM BEACHCOUN~, a Pol£tical B~: - · N , CHAX~, "'~ BOARD OF C~UNTY COMMZ$SIONERS · AS TO Fo~eeeee~e",eeee LEGAL SUFFICIBNCY APPROVED A~ TO TERMS AND CONDITIONS CONTRACTOR (TITLE) C-3 ~002 16:15 5617~53879 VILA AND SON LANDSCP PAGE 01 VILA AND SON LANDSCAPING CORP. t 93O ~D' ~oxah=t=hee, FL 33470 (,561)795-3070 (561 FAX COVER SHEET Jim Hart City of Boynton Beaoh iFAXNO: (561) 742-6298 I I=4/E'' 9/13/02 I~'~'* '~="°"~= IJ~*°'~=' = Per your request, following is the design for lift station # 415. If you have any questions, please call. Rosalee 3/2002 PAGE 05 1~: 15 5~1795387~ VILA AND SON LANDSOP ~-- .3/2082 16:15 5617953879 VILA AND SON LANDSCP PAGE 82 PROPOSAL September 13, 2002 TO: Jim Hart .The City Of Boynton Beach 1241 Woolbright Road Boynton Beach, FL 33435 FROM: Rosalee H. Gage RE: Lift Stations # 415 Please accept our proposal for the landmaping, irrigation and fencing of the above lift station # 415 in accorda~e.e with the Palm Beach County Annual LanCe, aping contract dated E~. 14, 2001. Refer to the following plant list and the Roadway Conmmt item li~t. Lift Station # 4I $ ][TIM #. BID_ITEM UI~T PRICIiL. OT~.. TOTAL 39 Gumbo Limbo $175,00 2 $ 350.00 68 Pitch Apple $175.00 4 $ 700.00 89 Spanish Stopper $125.00 6 $ 750.00 106 Winnin Palm $ 275.00 13 $ 3,575.00 112 Vines $ 35.00 203 $ 7,105.00 113 St Augustine sod $ 032 9,000 $ 2,880.00 114 Bahiasod $ 0.18 12,150 $ 2,187.00 115 furnish top soil $ 25.00 16 $ 400.00 125 3/4" pre $ 1.05 50 $ 53.00 I26 1" pv¢ $ 1.30 50 $ 65.00 127 l 1/2" pvc $ 1.60 50 $ 80.00 128 2" pvc $ 1.95 50 $ 98.00 132 conncction $ 600,00 I $ 600.00 I42 6" pop up head $ 28.00 10 $ 280.00 143 Turf rotor head $ 55.00 8 $ 440.00 145 1 I/2" valve $ 375.00 2 $ 750.00 118 fourbrace system $ I0.00 751 $ 7.510.00 TOTAL $27,823.00 Ctar~fic_ation,v: In order to 'piggy back' the following changes have I:,m'n made: Item 39: will be substimi~ by the planting of Afrioan Tulip, Item 68: will be substituted by the pla~ting of Loquat. II~m 89: will be substituted by the plalRing of Roebelinii. Item 106: will be substituted by the planting of Queen Palms Item 112: will be subntttuted by the planting of ali plant material on the design. Item 115: will be substitUted by the mulching of all beds. ': :, Items 125 thru 145 will cover the entire irrigation system and connected to an existing water source. Item 118 will be substituted by 376' of green vinyl coate~ with slats and (2) 24' dbl gates. Please do not hesitate to give mc a call should you have any questions or require further information. ~0 Bg~d dOSON~ NOS QN~ ~IA $/8£S8/[9§ ~:9[ ~00~t~[t60 VII.-CONSENT AGENDA ITEM C.1. CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6. 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 t5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 8:00 a.m.) Requested City Commission Meeting Dates [] October I. 2002 [] October 15. 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 Cit', Clerk's Ofl~ce September 16, 2002 (Noonl September 30. 2002 (Noon) October 14. 2002 (Noon) November 5, 2002 (Noon) [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation NATURE OF AGENDA ITEM RECOMMENDATION: Motion to approve and authorize signing of the revised Grant of Easement Agreement between the City of Boynton Beach and Property Reserve, Inc., for dedication of a utility easement needed to serve the Calvary Chapel of Boynton Beach project. EXPLANATION: The subject easement will be needed to service the Calvary Chapel's property located on Hypoluxo Road. A similar agreement was approved by the City Commission on June 4, 2002. The property owner (Property Reserve, Inc.) however, has since requested a minor change in wording to satisfy their concerns regarding restoration of the site in the event the City must make a repair. The Utilities Department customarily provides full restoration, and we have no objection to the additional language. We therefore respectfully request approval of this revised easement agreement so that the Calvary Chapel project may connect to the existing sewer line. PROGRAM IMPACT: None FISCAL IMPACT: None .I~_ ES: None. Department lq'ead s Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Peter Mazzella (w/attachment) File " S:\BULLETIN\FORMS~.AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- )-A -RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVISED GRANT OF EASEMENT BETWEEN THE CITY OF BOY'NTON BEACH AND PROPERTY RESERVE, [NC, AND PROVIDING FOR AN EFFECTWE DATE. WHEREAS, on June 4, 2002, the City Commission approved a Grant of Easement the City and Property Reserve, Inc.; and WHEREAS, Property Reserve, Inc., the Grantor has requested a revision to the Easement Agreement to satisfy their concerns regarding restoration of the site in the event the City must make a repair, which language is acceptable to staff; and WHEREAS, the City Commission upon recommendation of staff, deems it appropriate to execute this Revised Grant of Easement between the City of Boynton Beach and Property Reserve, Inc. Easement is attached hereto and made a pan hereof. 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 true and correct and are hereby made a specific part of this Resolution upon adoption Section 2. The City Commission of the City of Boynton Beach, Florida does authorize and direct the Mayor and City Clerk to execute a Revised Grant of between the City of Boynton Beach and Property Reserve, Inc., said Agreement attached hereto. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of November, 2002. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner ~,TTEST: Commissioner City Clerk (Corporate Seal) \CAXRESOkAgreemems\Utilitie~¢vi.%-d Gr~t of Ea.~ment -Pro~'ty R~c.doe Prepared by and Return to: Barbieri & Screnci, P.A. Ellen B. Migdal Attorney at Law : -'- - ' 3200 North Military Trail Suite # 200 Boca Raton. FL 33431 (561) 997-5700 File # 0109797H ii!i [Th s space for record nl~ data ............................. GRANT OF EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT: Property Reserve, Inc., a Utah not-for-profit corporation (the "Grantor"), whose mailing address is 100 Meadow Circle, Boynton Beach, FL 33436 fee simple owner of certain real property (the "Servient Estate") situated in Palm Beach County, Florida, described as: "SERVIENT ESTATE" A portion of Tract H, Meadows 300-Plat No. :z, according to the Plat thereof, as recorded in Plat Book 48, Pages 194-and 195, of the Public Records of Palm Beach County, Florida, IN CONSIDERATION of thc sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, paid to Grantor by the CITY OF BOYNTON BEACH, FLORIDA (the "Grantee"), whose mailing address is 100 E. Boynton Beach Blvd., Boynton Beach, Florida 33425, hereby grants to Grantee, its heirs, personal representatives, successors and assigns, licensees and agents, for the benefit of CALVARY CHAPEL OF BOYNTON BEACH, INC., a Florida not-for-profit corporation, fee simple owner of certain real property (the "Dominant Estate") situated in Palm Beach County, Florida, described as: "DOMINANT ESTATE'! The East one-half of the East one-half of the Northwest one-quarter of the Northeast one-quarter of Section 7, Township 45 South, Range 43 East; said lands situate, lying and being in Palm Beach County, Florida, (Street Address: 2901 Commerce Park Drive, Boynton Beach, Florida 33426) a perpetual nonexclusivc twelve foot wide utility easement and right-of-way over, upon, under, through and across thc land described in Exhibit "A" attached hereto and made a part hereof, for the purpose of connecting a new church building, owned by CALVARY CHAPEL OF BOYNTON BEACH, INC., a Florida not-for-profit corporation, and located on the Dominant Estate, into the existing sewer main located on thc Servient Estate and for access to maintain the sewer connections. Said Easement is for the construction, operation and maintenance of the sewer tie-in, with the right to reconstruct such sewer connection, as may be deemed necessary. The sewer tie-in or connection, and all related improvements, shall be underground. Grantee agrees to restore the surface, including landscaping, curb, and pavement, after any construction, reconstruction or maintenance of the sewer tie-in or connection. Any entry onto the land subject to the Easement shall be reasonably designed to minimize anY disruption to the occupants of the Sei'vient Estat<. This Easement Grant is further subject to the following terms and conditions: Grantor, its successors and assigns, does not assume hereunder anY obligation to improve, maintain or construct sewer service upon the Servient Estate, or to maintain the Servient Estate in repair, nor does Grantor, its successors or assigns, assume any liability or responsibility for injury to persons, property or both, to Grantee, its heirs, personal representatives, successors, assigns, agents, employees, invitees or licensees, or to others similarly situated, its heirs, successors or assigns, or to any person using the Servient Estate by invitation, express or implied, or by reason of any business conducted with Grantee, its successors or assigns, or to others likely situated. IN WITNESS ....WHEREOF, Grantor has caused this Grant of Easement to be executed in its name by its undersigned, duly authorized officer(s) and its corporate seal to be hereunto affixed, on this day of September, 2002. The undersigned officer hereby warrants and represents that he has been duly authorized by the Board of Directors of the corporate Grantor to execute and deliver this Easement to the Grantee on behalf of the Grantor. In the presence of: Witness Witness Print Name PROPERTY RESERVE, INC., a Utah not-for- profit corporation Mark . Print Name and Title (Corporate Seal) STATE OF {~d.~ COUNTY OF ~ The foregoing instrument was acknowledged before me this/0 ~7~..day of September, 2002, by Mark B. Gibbons, President of Property Reserve, Inc.,a Utah not-for-profit corporation, on behalf of the Corporation. He is personally known to me or has produced as identification. Notary Public My Commission Expires: /[. ~ - ZCIET~ Acceptance by the Grantee: In the presence of: CITY OF BOYNTON BEACH, FLORIDA Witness Print Name Witness Print Name (Seal) By: Title: Attest: Print Name and Title Page 2 STATE OF FLORI~.A.. COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this __ day of ,2002, by , as and on behalf of the City of Boynton Beach, Florida. He/she is personally known to me or has produced as identification. Notary Public My Commission Expires: Print Name: Page 3 EXHIBIT "A" EASEMENT SKETCHAND DESCRZPTION - For: Calvary Chapd LEGAL DESCRIPTION: A STRIP OF LAND LYING WITHIN A PORTION OF TRACT H, MEADOWS 300-PLAT NO. 2, ,ACCORDING TO T~E PLAT THEREOF, AS RECOROED IN PLAT BOOK ¢8, PAGES 194 ANO 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE: PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT H; THENCE SOUTH 02'¢2'08" WEST ALONG THE WEST LINE OF SAID TRACT H, A DISTANCE OF 786.40 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87'17'52" EAST, A DISTANCE OF 38.50 FEE:T; THENCE SOUTH 02'42'08" WEST, A DISTANCE OF 12.00 FEET; THENCE NORTH 87~17'52" WEST, A DISTANCE OF 38.50 FEET TO A POINT ON THE WEST LINE OF SAIO TRACT H; THENCE NORTH 02'42'08" EAST ALONG THE WEST LINE OF SAIO TRACT H, A OISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING. SAIO LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. CONTAINING 462.00 SQUARE FEET MORE OR LESS. NOTES; · ~1~15 I$ NOT A S~ETCH Q¢ SURLY · ~hls ~ctch and Description conelsts at two she~$ ond la no{t complete without oil sheets. · 'Chis ~etch ond Oeocrlptlon is not v~lld without the signature and oelgin~l raised ~ol of a Flerida Uc~n~:I e-,rm)~3¢ and · 8e~}l ~tlown hereon are baled on the LEGEND: o PO~. le4 s~ 195, P.B.C.R.) South 0Z'62'08 Re underakJned ond David & Saech~r. Inc., mol no r~reoentatlonl o¢ gucranteee as to the ~nf~atl~n re~e¢~ hereon Dert"~nln9 U, E, UT[LZTY CA$[~NT ~d oth~ matt~ and ~. ~la ~. ~. BEE~ ~ mattlrm ~ In{~ati~ ~ould be ~t~ ~d c~¢~m~ by o~ ~r~gh appropriate title ~ ~. }. OFFICIAL EE~EB ~ v~fl~tl~, I~dl ~o~n h~e~ ~l not abl~oct~ f~ rlgh~of-~ay ~d/~ easy.ts of record. P.B. PLAT 9~ * No ~r~ of the public rec~dl wu. g~ by th[t T~. E/V E[GHT-~-~AY NI R~d~g Outo f~ eolem~t& ri~tl of ~=y and o~ ~mbroncei ~o~n h~ PG. PA~ ~I ~ the plat of Ueod~l 3~-Plot No, ~ (P.B. ~, P~ ;94 ~ 195. P.B.C.R.) unless oth~ise P. B, C, R. PALN ~ C~TY ~ ~ ~ THIS IS NOT A SKETCH OF SURVEY ~ A ~R ~0~ OF ~~ ~WS 3~P~TNO. 2 N/A ~E~ ~Y OAMD F~ ~E RRM R~ 9~0/01 ~RI~ R~,~N NO. 582~ CKD. ~: ~ PROd. R~: ~~~3~6 Page 4 EXHIBIT "A" EASEMENT SKETCHAND DE$CRLPTION For: Calvary Chap HYPL OL UXO ROAD /WEAOOW~; ,]~O-P~AT NO. 2 /l (~.e. ~a. Pcs. ~$, ' TRACT H. ~EN~OWS 500--PL~T NO. 2 · (P.B. 4.8. PCS. 194 & ~ r~ACr ' UNPLACED ~ <P.B. ¢8, POS. 194 --. ,~. ~___~"~' ~ a~- w ~IS IS NOT A SKETCH OF SURLY R~ISIONS DATE ~: '08 NO: ~P~O. 2 O~WN ~: ~A~: ~~0~ R~U e/2o/m ~~.~ l~l~P$.~) eKD. ~:~ PROJ. Page Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VII.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEAC} 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 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Admimstrative [] Consent Agenda [] Public Heating [] Bids [] Announcement [] City Manager's Report [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation RECOMMENDATION: ~ ,'~ ~ ' Recommend approval of a resolution reducing the cash bond of $10,620.00 (Ten Thousand Six Hundred Twenty Doll~/rs~.t~y_ 95% to $531.00 (Five Hundred Thirty One Dollars). EXPLANATION: Attached please fred correspondence from the developer (Exhibit "A"), Wood Parmers, requesting a refund of their cash bond (Exhibit "B") for Excavation & Fill Permit #01-2743. An amount of 5% (five percent) of the total will be retained by the City for the warranty period of one year. All work associated with this permit has been completed to the satisfaction of the Department of Public Works/Engineering Division (Exhibit "C"). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A c~ ~.D~partment Head's Signature Public Works/Engineering Department Name City Attorney / Finance / Human Resources S:~BULLETINLFORMSL&GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A REDUCTION OF A CASH SURETY IN THE AMOUNT OF $10,620.00 TO WOOD PARTNERS FOR THE ALTA CHASE APARTMENTS PROJECT, RETAINING THE BALANCE OF $531.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, cash surety was posted in the amount of $10,620.00 for the restoration, if needed, in connection with the excavation and fill work at the above referenced project; and WHEREAS, all work has been completed and a request for surety reduction has been received from the Developer, and upon recommendation of staff, the City Commission deems it appropriate to allow a reduction in the amount of $10,620.00, leaving a balance of $531.00 or 5% to be retained by the City for the one-year warranty >eriod; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION IF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, hereby approves the reduction of the cash surety in the amount of $10,620.00, to Wood Partners for the project known as Alta Chase Apartments, with the sum of $531.00 (or 5%) to be retained by the City for the one-year warranty period. Section 2. That this Resolution shall become effective immediately upon passage. PASSED .AND ADOPTED this day of October, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk s:cahReso\LetXer of Credit/Cash Surety Release -Alta Chase Apartments Exhibit WOOD PARTNERS September 20, 2002 Mr. Frantz LaFontant, Engineering Inspector City of Boynton Beach 100 East B%vnton Beach Blvd. BoyntonBeach, FL 33425-0310 Re: Alta Chase Apartments Permit No. 01-2743 Completion of Final Engineering Inspection Punch List dated August 23, 2002 Dear Frantz, Please be advised that W.P. South Builders (Florida S), LLC has completed all punch list items at Alta Chase included in the above referenced Final Engineering Inspection Punch List dated August 23, 2002, copy attached hereto for reference. Please advise when a re-inspection can be scheduled and when our cash bond of $10,620.00 will be refunded. I can be reached at (561) 893-0094 ext. 105 or on my cell phone at (564) 239-5647. Sincerely, Paul H. Ederle Project Manager, WP South Builders (Florida S) LLC Cc: Ken Sandberg - Schorah & Associates Greg Dorsey - WP South Builders (Florida S) LLC Wood Partners is a Group of Limited Liability Companies 2600 Nol~rH MILIIARY TRAIL, SUITE 100 BOCA RATON. FLORIDA 33431 P,ON£ 561.893.0094 561.893.0095 Page 1 of 1 WOOD PARTNERS August 23, 2002 Mr. Frantz LaFontant, Engineering Inspector City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Re: Alta Chase Apartments Final Engineering Inspection Punch List Dear Frantz, The following meeting minutes were generated from the final inspection of the paving and drainage at Alta Chase Apartments on this date. Items contained within this punchlist must be completed by WP South Builders (Florida S) LLC before the City of Boynton Beach will refund the $10,620.00 cash bond for excavation permit #01-2743. 1. Purpose of meeting: Conduct final site inspection of Permit #01-1104 Paving & Drainage, Permit g01-2743 Excavation, and Permit #01-2270 Building #2. Attendees: Frantz LaFontant - City of Boynton Beach i. Ken Sandberg- Schorah & Associates ii. Paul Ederle - WP South Builders (Florida S) LLC iii. Greg Dorsey - WP South Builders (Florida S) LLC iv. Jeff Liefer - Coastal Pipeline, Inc. 3. Touch up concrete mud set under grate of structure S-17 south of Maintenance Carwash Building. 4. Touch up concrete mud set under grate of structure S-19 south of Building #7. 5. Clean sand out of structure S-13 behind pool deck. 6. Repair or replace wheel stop at north side of Building #6. 7. Raise vehicular brick pavers at entry. Wood Partners is a Group of Limited Liability Companies 2600 NORTX MILITARY TRAIL. SUITE 100 BOCA FLa, TON, FLORIDA 33431 PHONE $61.893.0094 $61.893.0095 Page 1 of 2 8. Trim and cap irrigation sleeves at northeast comer of property along SW 8th Street. 9. Sand edge of all sidewalk repairs along SW 8th Street. 10. Repair 10' strip of asphalt south of property entrance at F curb. Re-stripe as needed with white paint. 11. Sweep curb and gutter along SW 8th Street adjacent to Cracker Barrel Restaurant. 12. Engineer-of-Record shall deliver the following documents to Frantz LaFontant: i. Engineer's Letter of Certification of Paving & Drainage ii. 1 Set c,f Black Line Paving & Drainage As-Builts iii.1 Set of Mylar paving & Drainage As-Builts 13. WP South (Florida S) LLC delivered the following signed & sealed soil density reports to Frantz LaFontant: i. Sanitary Sewer System ii. Storm Sewer System iii.Domestic Water System iv. Asphalt Paving Road Base 14. Upon conclusion of this site inspection, Frantz LaFontant has agreed to approve and release the engineering final for Building//2. Sincerely, Paul H. Ederle Project Manager, WP South Builders (Florida S) LLC Cc; Ken Sandberg - Schorah & Associates Greg Dorsey - WP South Builders (Florida S) LLC Page 2 of 2 DEPARTMENT OF ENGINEERING MEMORANDUM NO. 01-106 TO: Diane Reese Finance Director FROM: Ken Hall Engineering Plans Analyst/Inspector DATE: July 3, 2001 ALTA CHASE EXCAVATION & FILL SURETY - PERMIT NO. 01-2743 Exhibit "B" Attached please fred check number 136365854 issued by First Union Bank in the amount of $10,620.00 from Wood Partners. This check represents surety for restoration, if needed, in connection with the above referenced excavation and fill work. It is to be returned upon satisfactory performance and final site inspection. KRH/ck Attachments: Kc; 7/2/2001 letter from Wood Parmers Check for $10,620.00 David Kelley, Utility Engineer C:hMy Documents'~lta Chase Excavation & Fill Surety - Permit 01-2743.doc MICHAEL B. SCHORAH & ASSOCIATES, INC. ENGINEERS · PLANNERS * DEVELOPMENT CONSULTANTS SU:TE :Ze !850 FOREST HILL BLVD WEST PALM BEACH FL 33406 FAX (561 642.9720 TELEPHONE (561 968-3080 May 23, 2001 City of Boynton Beach 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33425-0310 Attn: Mr. Ken Hall RE: ALTA CHASE - EXCAVATION AND FILL IN ACCORDANCE WITH LDR CHAPTER 8 ARTICLE II CATEGORY B Dear Mr. Hall: This letter is to certify that for the Alta Chase property, the total yardage to be excavated and used for fill on the referenced site is as follows: Total fill required to bring site up to developed elevations (see paving and drainage plan showing proposed elevations) = 5,850 C.Y. Total excavation from lake (on-site) to satisfy this volume equals 5,850 x 1.1 for compaction to meet 95% of AASHTO T-180 proctor = 6,435 C.Y. required from lake Bond Amount: 6,435 C.Y. x $1.50 per C.Y.: $9,652.50 x 110% = $10,617.75 Say $10,620.00 Sincerely, Michael B. Schorah, P.E. MBS/MC E/ia kJ1047bond.doc xc: Mr. Jason McArthur- Wood Partners Enclosures: Tope and Paving and Drainage Plan "£MOV£ CIVIL ° STRUCTURAL ° DRAINAGE · HIGHWAYS ° WATER & SEWER · SURVEY Exhibit T-O: C.c,: Laurinda: As per our previous conversation, go ahead and develop the memo (and City Commission agenda item) to reduce this bond to the 5% for the one year warranty period. If you have any ??, please see me. Dave .... ..... Original Message ..... From: LaFontant, Frantz Sent: Tuesday, October 08, 2002 8:25 AM To: Kelley, David Cc: Logan, Laurinda; Hall, Ken; Kribs, Carol Subject: Alta Chase "Lake excavation" ( Excavation fill permit for small lake) # 01-2743 Mr. Kelley A request was made by Wood Partners to "reduce" their $10,620.00 surety for restoration of the above mentioned project. Final "as-built" drawings, density report and engineering Certification of completion was submitted to this office. A final inspection was performed by this office on August 23, 2002 and found satisfactory. It's my opinion that the "cash bond" for the above served its purpose and therefore shall be "reduced to 5% "to the appropriate party. Frantz. ~-0: Mr. Kelley A request was made by Wood Partners to "reduce" their $10,620.00 surety for restoration of the above mentioned project. Final "as-built" drawings, density report and engineering Certification of completion was submitted to this office. A final inspection was performed by this office on August 23, 2002 and found satisfactory. It's my opinion that the "cash bond" for the above served its purpose and therefore shall be "reduced to 5% "to the appropriate party. Frantz. VII.-CONSENT AGENDA ITEM C.3 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOI Vl 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 I, 2002 [] October 15, 2002 [] November 6,2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Ot~fice September 16, 2002 INoon) September 30, 2002 INoon) 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 accept Letter of Credit no. 2002061902 from Palm Beach County Bank in the amount of $26,663.00 surety for the installation of water and sewer improvements for the project known as Cypress Creek Villas. EXPLANATION: The developer of this project, R.J. Consulting Management and Marketing, lnc., has elected to post surety for this project so as to expedite the providing of water and sewer service to the project. PROGRAM IMPACT: None FISCAL IMPACT: None AL~~S: None. Department Heaas Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Peter Mazzella (w/copy of attachment) Mary Munro, Finance Dept. (w/original Letter of Credit) File (w/copy of attachment) S:\BULLETIN\FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A. RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ACCEPTING A LETTER OF CREDIT SUBMITTED FOR THE PROJECT KNOWN AS CYPRESS CREEK VILLAS, AND ISSUED BY PALM BEACH COUNTY BANK (LETTER OF CREDIT NO. 2002061902) IN THE AMOUNT OF $26,663.00; AND PROVDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, does hereby accept the above referenced Letter of Credit in the mount of $26,663.00 as surety for the installation of water and sewer improvements for the project known as Cypress Creek Villas. 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 and accepts a Letter of Credit for the project known as Cypress Creek Villas, and issued by Palm Beach County Bank, (NO. 2002061902) in the amount of $26,663.00 as surety for the installation of water and sewer improvements for the project known as Cypress Creek Villas. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of November, 2002. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner T: Commissioner City Clerk S:\CA\RESO\Letters of Credit~,ccepting Letter of Credit - Cypress Creek Villas.doc Palm Beach County Bank Member FDIC and Federal Reserve System IRREVOCABLE STANDBY LETTER OF CREDIT DATE: JUNE 19, 2002 BENEFICIARY: CITY OF BOYNTON BEACH 100 EAST BOYNTON BEACH BOULEVARD BOYNTON BEACH, FLORIDA 33435 APPLICANT: R. J. CONSULTING MANAGEMENT & MARKETING INC. 9185 Perth Road Lake Worth, FL 33467 Gentlemen: We hereby open our clean irrevocable letter of credit No. 2002061902 in favor of City of Boynton Beach ("City") for the initial amount of TWENTY SIX THOUSAND SIX HUNDRED SIXTY THREE & 00/100 U.S. Dollars ($26,663.00) effective as of this date. This letter of Credit is issued pursuant to those certain approved plans for construction of required sanitary system, H.R.S. Permit No.' s 138271 - 145-DS GP & 138271 - 146-DWC (hereafter, "Approved Permit"), between R. J. Consulting Management & Marketing Inc., as developer, and the City of Boynton Beach, Florida, to develop a subdivision to be known as The Villas ~ Cypress Creek (hereafter, "Subdivision"), and to construct and install the required water & sewer improvements pursuant to the terms of the permit and approved plans. This Letter of Credit, however, is independent of said approved permit and reference herein is for information only. It is a condition of this Letter of Credit that it shall be deemed automatically extended without amendment for one year periods from the expiration date hereof, or any future expiration date unless at least ninety (90) days prior to any expiration date we shall notify you by courier at the address indicated above, unless a change of address is otherwise notified by you to us in writing, that we elect not to consider this letter of credit renewed for any such additional period. This initial amount of funds available under this credit and stated above may be reduced by the City of Boynton Beach Utilities Director, as authorized agent of the City of Boynton Beach, in accordance with the requirements of the subdivision and required improvements regulations. We hereby agree that such reduction shall not be effective until we have furnished a written amendment to this Letter of Credit. Such amendment shall reference this Letter of Credit as well as the H.R.S. permit number and subdivision name, as set our herein and the new amount. Funds under this Letter of Credit are available to the City hereunder not exceeding in aggregate the amount of this credit (as said amount may be amended from time to time pursuant to the above paragraph) against the city's demand, by its authorized agent named above, for payment on us mentioning our credit No. 2002061902 3717 Boynton Beach Blvd. · Boynton Beach, FL 33436 · Phone (561) 742-9110 · Fax(561) 742-7656 Irrevocable Standby Letter of Credit No. 2002061902 Page Two All drafts drawn under this credit must be marked "Drawn Under Palm Beach County Bank Letter of Credit No. 2002061902" This credit is subject to and governed by the laws of the State of Florida and the 1993 Revision of the Uniform Customs and Practice for Documentary Credits of the International Chamber of Commerce (Publication No. 500) and, in the event of any conflict, the laws of the State of Florida will control. Notwithstanding the above, this letter of credit is enforceable in a court of competent jurisdiction in Palm Beach County, Florida and is to be interpreted by Florida law. The designated agent for service of process for Palm Beach County Bank shall be William R. Martin, Sr. Executive Vice President/Chief Operating Officer whose address is 3717 Boynton Beach Boulevard Boynton Beach, FL 33436. The original Letter of Credit and all amendments thereto must be submitted to us together with any drawings hereunder for our endorsement of any payments effected by us and/or for cancellation. We engage with you that each draft drawn under and in compliance with the terms of this credit will be duly honored if presented at this office, located at 3717 Boynton Beach Boulevard Boynton Beach, FL 33436, on or before June 19, 2003 or any automatically extended date. Very truly yours, Palm Beach County Bank Sr. Executive Vice President VII.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 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 I, 2002 [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16. 2002 (Noon) September 30, 2002 (Noon) October 14.2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM Administrative Consent Agenda Public Hearing Bids Announcement City Manager's Report [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation RECOMMENDATION: ~ . - Motion to approve and execute by Resolution, Task Order//02-18 for locating Floridan Aqui~q' SupOy Well sites, with the Utilities General Engineering Consultants, CH2M Hill in an amount up t~but_~l~ to exceed $76,279.00. -- EXPLANATION: Task Order//02-18 is for engineering services to site Floridan Aquifer Supply Wells associated with the City of Boynton Beach West Water Treatment Plant expansion. The Utilities Department desires to investigate potential sites for up to six (6) Floridan Aquifer Wells, and the raw water supply line from the wells to the treatment plant. We are investigating the western sites due to the existence of a concentrate disposal system in place with available capacity. PROGRAM IMPACT: We have applied for a modification to the Consumptive Use Permit and need to expand the treatment system. The surficial resources are limited and we need to obtain sites for potential Floridan Wells. FISCAL IMPACT: The cost of this Task Order is not to exceed $76,279.00. This does not include the costs for land acquisition, drilling or well development. If six (6) sites are purchased and developed as Floridan Wells, the costs of this work may be around $6 million. Land purchase including negotiation and acquisition will be handled by others. Funding for this Task Order is available in 407-5000-590-96-01, WTR 108. SSBULLETIN\FORMS~AGENDA [rEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Delay this work until mandated by South Florida Water Management District or increase the scope and also evaluate east wellfield development £or Floridan Aquifer Supply Well sites. ~ '"~ D~artment Head ~i~amre Utilities Department ~- ~t~ Manager's~S gnature City Attorney / Finance / Human Resources cc: Bob Kenyon Pete Mazzeila John Guidry Barb Conboy 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 TASK ORDER NO. 18 FOR CH2M HILL, INC., IN AN AMOUNT NOT TO EXCEED $76,279.00 FOR SITING OF FLORDAN AQUIlVER SUPPLY WELL SITES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, task order 02-18 is for engineering services to site Floridan Aquifer Supply Wells associated with West Water Treatment Plan expansion; WHEREAS, the City Commission, upon staff's recommendation, has deemed it appropriate, and in the best interests of the public, to approve a Task Order for CH2M Hill., in an amount not to exceed $76,279.00 to investigate potential sites for up to six Floridan Aquifer Wells, and the raw water supply line from the wells to the treatment plant. 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 true and correct and are hereby made a specific part of this Resolution upon adoption Section 2. The City Commission of the City of Boynton Beach, Florida does authorize and direct the Mayor and City Clerk to approve and execute Task Order 02-18 for CH2M Hill, in an amount not to exceed $76,279.00. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of November, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor City Clerk Commissioner Commissioner Commissioner ~:\CA\RESO~Agreements~Task - Change Orde~s\CH2M Hill Task orcl~.doc Task Order No. 18 Engineering Services for the Siting of Floridan Aquifer Supply Wells Associated with the City of Boynton Beach West Water Treatment Plant A. Background The City of Boynton Beach (the CITY) owns and operates a membrane softening water treatment plant (WTP) located at 5469 West Boynton Beach Boulevard in Boynton Beach, Florida. The WTP has a current capacity of 8 million gallons per day (mgd). The Surficial aquifer is the current source of raw water supply for the WTP. The CITY is planning to increase the capacity of the WTP and is considering utili~.ing the Floridan aquifer to meet at least a portion of the increased water supply needs. One of the factors in deciding whether a Floridan aquifer source of water supply will be utilized for the WTP expansion is the availability of land on which to site up to six (6) supply wells and the estimated cost of constructing the wells and associated infrastructure. The City has requested that CH2M HILL provide engineering and hydrogeologic services to conduct a study to site up to six (6) Floridan aquifer water supply wells and associated infrastructure. The scope of services associated with this project includes conducting an inventory of land ownership of potential properties on which to locate the Floridan aquifer supply wells and associated infrastructure, prepare a conceptual design, and develop an estimate of probable costs for the installation of the subject wells and related infrastructure. The siting of the water supply wells will include the development of a preliminary wellfield layout concept that incorporates features to avoid and minimize environmental and adjoining user hydrologic impacts. The design of the supply wells and associated infrastructure, including raw water transmission pipelines, will be completed in a subsequent phase of the project. B. Scope of Services This scope of services provides for a siting analysis for up to six (6) Floridan aquifer water supply wells and assodated infrastructure. An order-of-magnitude cost estimate for the construction of the wells and infrastructure is also included in this scope of services. This project will include the following components: · Conducting a siting analysis to locate appropriate properties on which to construct up to six (6) Floridan aquifer water supply wells to be located within the City's water service area · Developing a prelirrd~ry wellfield concept that incorporates feab~res to avoid and minimize environmental and adjacent user hydrologic impacts · Defining preliminary wellfield transmission piping needs and possible routing, including the definition of preliminary sizing and hydraulic criteria DFB~BB FL AQ_SUPPLY_SmNG. DOC · Establishing preliminary order-of-magnitude estimates of probable cost for construction of the proposed wells and associated raw water transmission infrastructure Task 1 - Supply Well Site Selection Criteria Task 1.1 - Kickoff Meeting and Site Selection Criteria CH2M HILL shall conduct a kickoff meeting with CITY staff to develop criteria and performance measures for selecting the most feasible supply well sites. Criteria may include cost, land use and ownership impacts on other users of the Floridan aquifer, etc. The selection criteria will be divided into two parts: · Screening criteria · Final selection criteria The first set of criteria will be used to screen alternatives that clearly do not meet minimum requirements established by the CITY. The second set of criteria will be used to evaluate well siting alternatives and require that the CITY assign specific level of relative importance to each. This assignment of relative performance or "weighting" is important when analyzing the final set of alternatives and understanding the tradeoffs between alternatives. A matrix of the criteria, along with respective performance measures and relative weights will be developed and used to evaluate the various sites selected for the supply wells. Task 1.2 - Prepare Technical Memorandum A summary of the kickoff meeting, a listing and description of the selection criteria, performance measures and weighting, along with a sample input of the decision model will be presented to the CITY in the form of a Technical Memorandum. Five copies of the draft TM will be submitted to the CITY for review. Upon receiving and incorporating comments from the CITY, five final copies of the TM will be submitted to the CITY as part of the final report deliverable. Task 2 - Siting Analysis Task 2.1 - Obtain Available Maps and GIS Information from the CITY and County Available GIS coverages and electronic maps in and around the CITY's water service area will be obtained from the CITY and appropriate County and public agencies - Planning and Zoning, Depa, ta-~ent of Environmental Resources Management, Property Appraiser's and Tax Offices, South Florida Water Management District (SFWMD), etc. Coverages that are expected to be obtained from the CITY and other agencies include: · Major and minor roads, · surface water bodies, · land use, · zoning, · contaminated sites, · property ownership, OFI~BB FL AO_SUPPLY_SmNG. DOC 2 · existing transmission and distribution pipelines · other data, as required It is expected that some minor manipulation of the above data will be required for compatibility purposes when importing the various maps. Task 2.2 - Overlay GIS Coverages and Produce Composite Maps After each of the above available GIS coverages and maps have been inputted, a composite overlay map of the CITY's water service area will be developed. This map will be used to assist in screening the well locations, possible transmission pipeline routing and will serve as the base map for the remainder of the project. Task 2.3 - Hydrogeologic Desk Top Evaluation CH2M HILL will obtain available information on the hydrogeology of the Boynton Beach area from CH2M HILL's hydrogeologic database, SFWMD, the USGS, and others as needed. This information will be compiled and summarized in a table format, and will be used to evaluate the selected sites against the selection criteria developed in Task 1.1. Task 2.4 - Site Alternative Screening Based on the available maps ana GIS coverages and the local knowledge of the area, a meeting will be held with the CITY to screen alternatives that are suitable for siting the water supply wells and associated infrastructure. Task 2.5 - Develop Well Site Locations Based on the screening analysis and meetings conducted with land owners, potentially feasible locations for the Floridan aquifer water supply wells will be selected. Locations considered will be at or as close to the West WTP as possible and will be mapped on the GIS base map. The number of locations that will be required to accommodate the six (6) Floridan aquifer water supply wells is not yet known since it is possible that each site may allow for the siting of more than one supply well, while others may only accommodate one. Various combinations of potential well site locations will be developed for further evaluation in Task 4. Task 2.6 - Conduct Field Inspection of Proposed Candidate Locations Following the mapping of the possible locations, a field evaluation will be conducted with the CITY to review site-specific constraints that are not shown on the GIS coverages and to verify the proposed locations. Based on these constraints, the alternative sites may be revised or eliminated. The revised site locations will be incorporated into the final GIS base Task 2.7 - Wellfleld Layout Concept A preliminary wellfield layout concept will be developed to maximize potential production from the supply wells while minimizing impacts to adjacent users of the bloridan aquifer, as well as minimizing interference between the proposed water supply wells. Raw water transmission pipeline routing witl also be included in the wellfield layout concept and will be included in the Technical Memorandum described below. DFB~BB FL AQ_SUPPLY_SITING1 3 Task 2.8- Prepare Technical Memorandum A summary of the Alternatives Screening, the field evaluation, and a description and printout of the final alternative site locations will be presented to the CITY in a Technical Memorandum. Several tasks associated with land and easement acquisition will be conducted independently by the CITY and information obtained from this separate effort will be incorporated in the Technical Memorandum. Five copies of the draft TM will be submitted to the CITY for review. Upon receiving and incorporating comments from the CITY, five final copies of the TM will be submitted to the CITY as part of the final report deliverable. City. Assigned Tasks As part of Task 2, the CITY will contract with others to conduct analysis of probable costs associated with land and easement acquisition and will meet with landowners to assess their willingness to sell or allow access by the CITY. Perform a Land Acquisition Cost Analysis The CITY will conduct its own cost analysis for the locations identified in Task 2.6, above. The cost analysis will include an estimate of probable cost for the acquisition of the properties identified. Meeting with Land Owners The CITY will conduct a meeting with landowners to determine if owners of potential well sites will consider selling properties of interest or allow easement access to such properties. Task 3 - Opinion of Probable Cost Task 3.1 - Develop Opinion of Probable Cost Develop a planning level opinion of probable cost (+/-30%) for each of the principal elements of the project including development of the supply well site(s), new wells, well pumps, well head facilities, wellfield collector piping network, and access roadway, or mitigation costs (if required). The CITY will provide costs for purchase of the land or acquisition of easements, but will be included in the total opinion of cost included in the Technical Memorandum below. Task 3.2 - Prepare Technical Memorandum Prepare a draft Technical Memorandum for the CITY for review and comment, which summarizes the probable construction cost estimates. Five copies of the draft TM will be submitted to the CITY for review. Upon receiving and incorporating comments from the CITY, five final copies of the TM will be submitted to the CITY as part of the final report deliverable. DFB~B FL AQ_SUPPLY_SITINGI 4 presented to the CITY and discussed to decide on the most feasible site for the siting of the Floridan aquifer wells. Task 4.2 - Prepare Technical Memorandum Following the meeting with the CITY, the most feasible alternative will have been selected and Technical Memorandum will be prepared summarizing the decision model results, the discussions with the CITY and the final siting of the six (6) Floridan aquifer water supply wells and associated raw water transmission pipeline routing. Five copies of the draft TM will be submitted to the CITY for review. Upon receiving and incorporating comments from the CITY, five final copies of the TM will be submitted to the CITY as part of the final report deliverable. Task 5 - Groundwater Modeling - Optional Following completion of the siting analysis of the Floridan aquifer water supply wells, the CITY may wish to proceed with the modeling of these well sites to determine the potential impacts of groundwater withdrawals from these wells. Therefore, this task addresses the work required to set up and conduct groundwater flow modeling to assess the potential impacts from these withdrawals. Task 5.1 - Set Up Groundwater Flow Model Utilizing data gathered as part of the previous tasks with develop and set up a groundwater flow model of the Floridan aquifer utili~.ing the computer code WinFlow (ESI, 2000). WinFlow contains several 2-dimensional analytical models capable of simulating steady- state and transient flow. Model development will include the selection of appropriate hydraulic properties for the Floridan aquifer and the placement of proposed Floridan aquifer well sites. Adjacent Floridan aquifer wells in the vicinity of the study area will be included in the model domain. Task 5.2 - Predictive Simulations CH2M HILL will meet with the CITY and present suggested predictive simulations and discuss with the CITY which ones appear to be the most likely based on the CITY's understanding of future conditions related to water supply and treatment. The predictive simulations will be run to steady state conditions and consider various combinations of wells and pumping rates. Upon agreeing to up to five (5) predictive simulations, CH2M HILL will proceed with the predictive modeling and will prepare representative resultant water level maps of the five simulations. Task 5.3 - Meeting and Technical Memorandum CH2M HILL will meet with the CITY to present the results of the predictive simulations. Following discussion and input from the CITY, CH2M HILL will develop a Technical Memorandum that will describe the set up of the model and the results of the predictive simulations, along with conclusions and recommendations. DFB~BB FL AQ_SUPPLY_$mNG. DOC 5 Five copies of the draft TM will be submitted to the CITY for review. Upon receiving and incorporating comments from the CITY, five final copies of the TM will be submitted to the CITY as part of the final report deliverable. C. Final Deliverables Each task will include a deliverable that will be submitted separately to the CITY for review and comment~ Following completion of the project, CH2M HILL will compile all of the final deliverables into a tabbed three-ring notebook for the CITY's file and subsequent reference. Five copies will be delivered to the CITY. O. Assumptions · Properties within the CITY's service area will be the primary focus for siting of the supply wells, however, areas adjacent to the service area will also be considered. · Only available electronic GIS maps will be used to develop the base map and conduct the initial screening analysis. No new GIS layers will be developed. · Only conceptual drawings of typical well di_agrams, raw water transmission piping layouts and identification of possible areas requiring easements or property acquisition will be developed. No designs will be developed as part of this Task Order. · CITY will be responsible for providing GIS coverages and other maps that are available from the CITY in electronic format to CH2M HILL. CH2M HILL will be responsible for obtaining other available GIS coverages from the County and other public sources. · CITY will be responsible for conducting the necessary land and easement acquisition analysis and setting up and conducting meetings with individual landowners. CH2M HILL will not be involved in these meetings with landowners. · The groundwater modeling conducted in Task 5 will be set up so that the model can be used for subsequent Water Use Permitting purposes in the event the CITY elects to proceed forward with the design and construction of Floridan aquifer water supply wells. However, per the South Florida Water Management District (SFWMD) guidelines, this would be considered a Type I model and would provide a gross approximation of potential impacts of the proposed groundwater withdrawals. If during the permitting process, conditions warrant that more sophisticated modeling is required, and the data supports it, a separate Type II groundwater flow model such as MODFLOW would have to be developed and u~ili?.ed. E. 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, Inc. F. Compensation Compensation by the CITY to the CONSULTANT for services provided in this Task Order will be a not-to-exceed basis in accordance with the above mentioned Agreement. The O~ FL AQ_SUPPLY_SIT1NG. DOC 6 compensation for the services described in Task ! - 5 of this Task Order is estimated at $76,279 as shown below. Work completed by the CONSULTANT will be invoiced monthly on a labor and expenses basis per the above agreement. Task Description Labor Labor Cost Expense Cost Totals Hours Task 1 - Site Selection Criteda 132 $14,107 $1,361 $15,468 Task 2 - Siting Analysis 224 $20,250 $2,678 $22,928 Task 3 - Opinion of Cost 56 $6,310 $609 $6,919 Task 4 - Final Well Site Alternatives 144 $13,081 $1,853 $14,934 Analysis Task 5 - Groundwater Modeling - 156 $14,469 $1,561 $16,030 OPTIONAL Grand Totala 712 $68,217 $8,062 $76,279 G. Schedule The CONSULTANT will commence services upon receipt of written authorization and will complete the work according to the table below. Task Demcriptlon Weeka from Written Notice to Proceed Task I - Site Selection Criteda 3 Task 2- Siting Analysis 8 Task 3- Wellfield Design Concept 12 Task 4 - Opinion of Cost 14 Task 5 - Groundwater Modeling - OPTIONAL 18 7 DFB~B FL AQ_SUPPLY_SmNG. DOC APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Mayor Gerald Broening Dated this __ day of ,2002. SUBMITTED BY: CH2M HILL, INC. lame ~ l- Vice President, Area Manager Dated this/~day of ~)0~.-/'o ~er' ,2002. DFB~B FL AQ_SUPPLY_SITING.DOC 8 VII.-CONSENT AGENDA CITY OF BOYNTON BEACI ITEM C.5 AGENDA ITEM REQUEST FO~_.~ Requested City Commission Moeting 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 (g:00 a.m.) Requested City Commission Meeting Dates [] October I, 2002 ] October 15, 2002 [] November 6, 2002 ] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to adopt a resolution in support of the Florida Department of Transportation and its affiliated regional transportation agencies to recommend strategic investment in the FEC corridor area by expanding local and r~ional passenger service in these corridors to meet the growing transit needs as w~ll as to compliment freight indust~ growth in the Southeast Florida area. EXPLANATION: The City of Boynton Beach has been an active participant in the Tri-County (Miami-Dade, Broward and Palm Beach) effort to encourage passenger service on the FEC Railroad line. For a number of months, we have been participating in a series of meetings of various elected and appointed officials who are banding together to encourage the FEC Railroad to work toward allowing passenger service on a second (to be installed) track that would compliment their current freight service. Copies of some of the hand-out material from the two previous meetings are attached. The Commission is being asked to adopt this model resolution that is being considered by all of the local jurisdictions in the tri-county region. PROGRAM IMPACT: This would be the adoption of a resolution of support that, when bundled with all of the other jurisdictional resolutions, will be forwarded to our legislative delegation in Washington, D.C., asking them to support this program with federal transportation dollars. If this program moves forward, we will be asking the FEC to locate two Boynton Beach stations along the corridor. One would be at Ocean Avenue and the other at Martin Luther King, Jr. Boulevard. S:~BULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Adopting this resolution of support will not have any fiscal impact on the budget of the City of Boynton Beach. Instead, it will just help to show our legislative delegation that we are "on board" with this concept. ALTERNATIVES: Not to adopt the resolution of support and not to participate in the effort to bring passenger service on the FEC railroad line. - - Department Head's S~'gnature ' Economic Development Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM,DOC RESOLUTION R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOY'NTON BEACH, FLORIDA, IN SUPPORT OF THE FLORIDA DEPARTMENT OF TRANSPORTATION AND ITS AFFILIATED REGIONAL TRANSPORTATION AGENCIES (RTO/RTA) TO RECOMMEND STRATEGIC INVESTMENT IN THE FEC CORRIDOR AREA BY EXPANDING LOCAL AND REGIONAL PASSENGER SERVICE IN THESE CORRIDORS TO MEET THE GROWING TRANSIT NEEDS AS WELL AS TO COMPLIMENT FREIGHT INDUSTRY GROWTH IN THE SOUTHEAST FLORIDA AREA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 1995, a collaboration of freight operators and FDOT completed the "Rail Rationalization Study" and recommended long term planning for both the CSXT and FEC corridors including double tracking of the CSXT (South Florida Rail Corridor) and the concurrent, public investment in the FEC corridor to consider implementation of passenger service within the FEC Corridor, and WHEREAS, in 1997/98, cities and counties in the Southeast Florida region began to meet on a continuing basis to approve resolutions asking state and federal transportation agencies to negotiate with the Florida East Coast Industries, Inc., (FECD and inclusion of service within their corridor, and; WHEREAS, the Florida Department of Transportation 2020 and 2025 Mission 5tatements called for safe, interconnected statewide transportation systems for Florida's citizens and visitors that ensure mobility of people and goods, and WHEREAS, the Florida Department of Transportation and its affiliated regional offices are required to expand and enhance rail systems in Florida to respond to statewide mobility needs; and WHEREAS, the Florida East Coast Railway Corridor fight-of-way (FEC) represents an important and strategic transportation corridor that provides vital freight and transportation rail services to and from South Florida; and WHEREAS, the Trend in economic growth along the FEC is only beginning - resulting in the building of compact residential and commercial development, including tens of thousands of new residents and hundreds of thousands of square feet of office space within walking distance of the corridor (3/4 or less of a mile); and S:\CA\RESO\Leg~$1ative A~O~S'~Reso SulAoorting FOOT - FEC Comdor Area.doc WHEREAS, in 2001 the RTO began a strategic plan - "South Florida Transit Analysis" funded by a collaboration of cities and regional business groups and Congress in 2000 - outlining transit corridor expansion alternatives including the FEC/NE 2nd Avenue/Dixie Highway corridors; and WHEREAS, the RTO is considering its conversion into a Regional Transit Authority (RTA) - combining the efforts and services of multiple county bus providers, land planning agencies, numerous bureaus of FDOT (MPO and FDOT District officers) and Tri-Rail - for maximized regional passenger services and corridors; and WHEREAS, FEC rail services for local and regional passengers creates intermodal transportation opportunities that could provide Florida visitors, workers, residents and transportation disadvantaged in all categories better service, thereby reducing reliance on private automobiles, decreasing roadway congestion, increasing mobility, and enhancing ridership on all existing services in order to take maximum advantage of the significant investment by local, county, state and federal governments. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the Florida Department of Transportation and its affiliated agencies involved with the RTO are strongly encouraged to define specific and detailed base line local and regional passenger services needed for cities and unincorporated areas along the FEC Corridor area - within at least ¼ mile of those corridors where tremendous compact growth is underway- and include this important technical information in the conclusions of the aforementioned "South Florida Transit Analysis". Section 2. That the RTO will take the conclusions of the South Florida Transit Analysis and recommend the full funding of the needed transit service expansion within or along the FEC Corridor area to the extent that passenger services can be added without negatively affecting current or future fi.eight operations. Section 3. That the RTO will actively pursue its RTA status with the intention of fully funding and operating an expanded local and regional service along the FEC corridor and seek the support and necessary "local match" fi.om jurisdictions as needed. Section 4. That the RTO will work with the interested local governments to complete interlocal agreements as soon as possible to implement the above actions recommended in Section 1 - 3. Section 5. That the City Clerk is hereby authorized to forward a copy of this Resolution to all the governmental agencies involved, including County Commissions and officials involved in regional transit planning, the RTO and its membership, the Florida S:\CA\RESO\Legisla~ve Actions~Re$o SuPlx~ing FDOT - FEC Co~ndo~ Area.cloc League of cities', Municipalities and Chambers of Commerce within the South Florida area, CSXT andFE-C][ and affiliates at the air and sea ports. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of November, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) Ac*Jons\Reso Supporting FDOT · FEC COmdo~ Area.doc III. AGENDA for October 4, 2002 Meeting in Boca Ramn FEC Passenger Service Inioa~ve Introduction and Remarks from the Mayor of Boca Raton Time Line for Submittal of regional transit request to Washington DC The South FTor~a Delegaffon for Reg~nal Transporm~on compos~on - Sugges~ons OMy - lnpu~ de. red 1) Tri-Rail Board member represemafive(s) 2) Other County and City Officials NOT on the Tri-Rail Board 3) Representatives from the Regional Business Alliance B~ With whom will the ~ delegation work? 1) South Florida Congressional Delegation 2) John Mica- Jacksonville are~, member of the Transportation and Infrastructure Committee 3) Comne Brown - Central Florida area, member of the Transportation and Infras~ Committee 4) Bill Young- Sarasota area, Chairman of the Appropriations Committee 5) Southern and Mid Atlantic States coordination How or within what framework will the ddegation work? Work within the RTO/RTA parameters D. Wlu~t documentation ~ the delegation use? The South Florida Trans/t Analysis study and other ongoing studies "condeazsed' into understandable program for regional fimding and delivered by the delegation. a) The FEC Comdor is a primary eomdor m this study lint the~ are some matters to be worked out in preparation for fini.qhing this project for use in the Congressional process, b) White paper detailing need for the Atlantic Commerce Corridor designation as a "eomdor of national significance.' When will the deleg~o~n begi~ its work? Immediately. We must identify members now. Resolutions for all local and/or County Governments to pass From our last meeting, there were only minor changes to the resolution Please take a copy and adopt the resolution by your government at your next available opportunity to submit to the delegation as part of its package. Copies of adopted resolutions returned to RTO smffb¥ week in November 2002. Closing Questions and Remarks Florida East Coast Railway "Perspective" · ldentily Highest 8: Best Use tbr the FEC Railway Corridor · Develop Cooperative Communication Links · Address Regional & Locally Specific Transit Needs · Assist with Mechanisms to Achieve Desired Local and Regional Outcomes · hnplement Projects · Achieve a Regional bot Locally Detemfined "Mass Transit RaiAvay Corridor System" Summary of Current Actions I. Congressional Allocation of $500,000 - Local Government Provided Match 2. RTO Mass Transit Analysis Conducted - lacked FEC Railway Corridor Options 3. Meeting Held April 2002 in Aventura - Explore Possible FEC Railxvay Corridor Options Regional Option · Miami-FEC Corridor Redevelopment Project - Catalyst: 50 Acre parcel -Redcvelopmcnt Driven: Master Plan & rezoning - Provides Short & Long Term Transit Corridor Options - Applicable to Entire Area (Tri-County Region) · 7OBts~.t Tri-County Group Initiative · Accept the Concept cfa Strategic Redevelopment Plan for the FEC Corridor · Identify and encourage collaborative groups to identify transit alternatives · Demonstrate Tri-County Unanimity through Local Legislation/Resolution Adpotion · Identify Lead Group Action Steps I. Develop Master Tri-County Inter-local Agreement(s) - Delineate Local Jnnsdicfion Property Rights - Req.ire Basic Infrastructure Improvements - Establish "Base-Line" Service Standards (stations/mile) - Create Regionally Based and Beneficial Development Ahematives - Define Funding and Local Match Standard~ 2. Continue Open Dialogue - Address Individual Jurisdiction and Regional Issues - Complete project within 6 month time frame Conclusion Final Questions & Discussion Next Meeting: City of Boca Raton I_)~te d~. Time To Be Determined Requested City Commission Meeting Dates [] August 6, 2002 [] August 20,2002 [] September 3, 2002 [] September 17, 2002 VII.-CONSENT AGENDA ITEM C.6 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 [] 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: Approve the Interlocal Agreement between the City and the School Board of Palm Beach County for the mutual use of facilities between the City and Boynton Beach Community High School. EXPLANATION: The City and School Board recognize the benefit of cooperation in the provision of services and facilities for the needs of our community. We also recognize the benefit of providing a Community School Education Program that utilizes the facilities of Boynton Beach Community High School. PROGRAM IMPACT: The School Board desires to utilize certain City recreation facilities for the benefit of Boynton Beach Community High School. The City desires to use the High school for various recreation programs/activities and City events. School facilities shall be available by the City when not required by the Board for daily public education. City recreation facilities shall be available to the School when not required for City programs or other scheduled events. FISCAL IMPACT: The Board and the City agree to cooperatively operate a Community School Program at Boynton Beach High School. The City will contribute the sum of $6,000 per year to Boynton Beach High School toward the Community School Program to assist in funding the Program to include, but not limited to, the provision of supplies, equipment, personnel and other similar services (Account #: ! 72-2712-572-49-17). ALTERNATIVES: Do not approve the agreement and seek~alternative co .mn)[mity ~,8~tcation programs to support. R ecreat('''''''''~ ion Department Name City Attorney / Finance / Human Resources S:~BULLETINWORMSLAGENDA 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 EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY SCHOOL BOARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the desire of the City and the School Board of Palm Beach County to enter into an Interlocal Agreement for the mutual use of facilities between the City and Boynton Beach Community High School; and WHEREAS, the School Board desires to utilize certain City recreation facilities for the benefit of Boynton Beach Community High School and the City desires to use the High School for various recreation programs/activities and City events; and WHEREAS, the City and the School Board of Palm Beach County agree to cooperatively operate a Community School Program at Boynton Beach Community High School. The City will contribute $6,000.00 per year towards the program to include, but not limited to, the provision of supplies, equipment, personnel and other similar services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Upon recommendation of staff, this Commission does hereby authorize and direct the Mayor and City Clerk to execute the Interlocal Agreement between the City and School Board of Palm Beach County, which is attached hereXo as Exhibit "A". Section 2 That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of November, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) s:ca',re~oXa~-\mterloeaiXCty~lnterlocal Agte~mem ~v/PBC School Board COG~./ BEACH THE SCHOOL DISTRICT Of PALM BEACH COUNTY, FLORIDA PLANNING DEPARTMENT 3300 FOREST HILL BLVD., C-110 WEST PALM BEACH, FL 33406-5813 (561) 434-8020 FAX: (561) 434-8187 ARTHUR C. JOHNSON, Ph.D. SUPERINTENDENT September 26, 2002 Wally Majors, Director Recreation Department City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Boynton Beach Community High School lnterlocai Agreement Between the School District and the City of Boynton Beach Dear Wally: It is my pleasure to forward to you three original Interlocal Agreements, signed by our Chairman. Please place the Boynton Beach Community High School Interlocal Agreement on the Commission agenda for the City execute. When complete, please return to me one signed original Agreement for our records. Thank you for your cooperation with the School District and Boynton Beach Community High School. If you have any questions, please contact me at 434-8028. Sincerely, ~.,/-) . ennne Mills, AICP ior Planner c: Angela Usher, AICP, Manager, Intergovernmental Relations AN EQUAt. OI~I~31~I'UNITY EMI~LOv~an INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE SCHOOL BOARD FOR THE MUTUAL USE OF PUBLIC FACILITIES BETWEEN THE CITY AND BOYNTON BEACH COMMUNITY HIGH SCHOOL THIS AGREEMENT, entered into this day of ,2002, between THE CITY OF BOYNTON BEACH, a political subdivision of the State of Florida, (hereinafter referred to as "CITY" and the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the constitution of the State of Florida, (hereinafter referred to as "BOARD"). WITNESSETH: WHEREAS, it is the intent of Part 1 of Chapter 163, Florida Statutes (The Florida Interlocal Cooperation Act) to encourage cooperation between local government units in the provision of services and facilities for the needs of local communities; and WHEREAS, the CITY and BOARD recognize the need and benefit of providing a Community School Education 239.105, Florida Statutes, which utilizes Community High School; and Program as defined in Chapter the facilities of Boynton Beach WHEREAS, the CITY desires to annually contribute a nominal fee to utilize Boynton Beach Community High School for community education and recreation per year, and S %Dian ning~Public\Data\lNTE RGV'r~ILAS\0402 boyn-d°c ]. WHEREAS, the BOARD desires to utilize certain CITY facilities for the benefit of Boynton Beach Community High School, including, but not limited to, Hester Community Center and Wilson Swimming Pool at no cost; and WHEREAS, the facilities to be utilized by the CITY and BOARD include, but are not limited to, classrooms, gymnasiums, playgrounds, athletic fields, auditoriums, swimming pools, and meeting areas; and WHEREAS, the CITY and BOARD desire to implement this Agreement unencumbered by issues unrelated to the concept of mutual use; NOW THEREFORE, for and in consideration of the mutual benefits herein contained, the parties agree as follows: 1. This Agreement is entered into under the authority of Section 163.01, Florida Statutes. 2. The BOARD shall utilize the recreation facilities of the CITY at no cost. The facilities to be utilized by the CITY for the Community Education Program and recreation and by the BOARD include, but are not limited to, classrooms, gymnasiums, playgrounds, swimming pools, athletic fields, auditoriums and meeting areas. CITY and BOARD shall prepare and maintain a cost analysis detailing the actual cost incurred in providing facilities as requested pursuant to this Agreement. CITY and BOARD shall submit in writing its respective cost analysis to the other party on a quarterly basis. 3. The BOARD's facilities including non-recreational facilities located at Boynton Beach Community High School shall be available for use by S:',Planning\Public\Data\lNTERGV'T\lLAS\0402boyn.d°c '~ CITY when not required by the BOARD for its entire daily public education program, including, but not limited to, exceptional education and adult education programs; provided however, such use shall be subject to the rules, regulations and policies of the BOARD and in compliance with all Federal, State and local laws and school board policies now in effect and as modified from time to time and posted on the school board's website at www. palmbeach.k12.fl.us. The CITY recreation facilities which shall be available for the use of Boynton Beach Community High School when not required by the CITY for its programs shall include, but not be limited to, Hester Community Center and Wilson Community Center Pool; provided however, such use shall be subject to the rules, regulations and policies of the CITY, to the extent they are consistent with the policies of the BOARD and in compliance with all Federal, State and local laws. 4. All requests of Boynton Beach Community High School for use of CITY recreation facilities shall be submitted in writing on the form identified as "Attachment A", attached hereto and incorporated herein. All requests shall be made by the Principal or his designated representative, of Boynton Beach Community High School and directed to the Recreation Director of the Boynton Beach Recreation Department, with copies of said request sent to the Assistant Superintendent for Support Services and to the Assistant City Manager of the CITY ("Director"). Conversely, all requests by the CITY for use of Boynton Beach Community High School recreation facilities shall be made in writing on the form identified as "Attachment A", attached hereto and incorporated herein. S:~Plan ning~Public\Data\l NTE RGV'l~lLAS\0402boyn.doc 3 All requests shall be made by the Recreation Director and directed to the Principal of Boynton Beach Community High School with copies of said request sent to the Assistant City Manager and to the Assistant Superintendent for Support Services. To avoid scheduling conflicts, aid in planning, and assist in better accommodation of requests, the CITY and BOARD shall submit all requests for use of a facility to the other party at the earliest possible date; however, said requests shall be made no less than thirty (30) days prior to the desired use date. A response to said requests shall be received from the Principal or Recreation Director no less than fifteen (15) days prior to the requested use date and, if approved, shall include the estimated cost for use of the requested facility. Said estimated cost shall be for informational purposes only and may be taken into account when addressing the cost analysis of each party pursuant to Paragraph I above. All requests for use shall be limited to those programs and activities that are planned, organized, and supervised by the CITY or BOARD or that of a permitted user group. 5. The CITY and BOARD shall identify in "Attachment B", attached hereto and incorporated herein, any and all user groups who are to be recognized as permitted users of CITY or BOARD and whose use of Boynton Beach Community High School or the CITY recreation facilities under the terms of this Agreement may be permitted. Use of recreation facilities by these user groups shall depend on availability and shall occur at no cost. Said user S:~Plan ning~Oublic\Data\lNTERGVT~lLAS\0402boyn .doc 4 groups shall be responsible for the coordination of such use with the Principal or Recreation Director; however, the preliminary request for use of a recreation facility shall be made in accordance with Paragraph 3 herein as a means of verifying the sponsoring party's support of the activity. Upon mutual written consent, "Attachment B" may be modified by the Assistant City Manager and the School District's Chief Operating Officer. Each and every user group shall provide proof of insurance naming both the BOARD and CITY as additional insureds on said policy and shall indemnify the BOARD or CITY against any and all claims that may be brought as a result of the requested use. 6. The BOARD and the CITY agree to cooperatively operate a Community School Program at Boynton Beach Community High School, in accordance with Chapter 239.401, Florida Statutes, The BOARD and the CITY agree: a. The CITY agrees to annually contribute the sum of $6,000 to Boynton Beach High School toward the Community School Program to assist in funding the the Community School Program to include, but not limited to, the provision of supplies, equipment, personnel and other similar services. b. The CITY agrees to provide these funds no later than December 31 of each calendar year. c. Payments and/or expenditures for the Community School support by the CITY shall be made upon the condition that the same has been budgeted in its duly approved budget for the fiscal year. S :~Pla nning~Pu blic\Data\lNTERGV'l'~lLAS\0402boyn.doc ~ d. The BOARD agrees to provide qualified full-time Community School Assistant Principal to have responsibility for the Community School Program. The Assistant Principal will be an employee of the School Board and responsible to the Principal of the Boynton Beach Community High School. The BOARD agrees to make available Boynton Beach Community High School facilities necessary to meet the Community School Program needs of the CITY when not required by the High School. These facilities will be made available after the conclusion of the regular School Program each day, and on Saturdays and Sundays as needed. Priority use of the Community School facilities shall be given to the scheduled school day activities and to community use of the facilities. The BOARD agrees to provide rent-free use of the Boynton Beach Community High School facilities located in the CITY to organizations that are permitted users as activities of the CITY. 7. CITY and BOARD shall provide adequate supervision, safety and security, taking into consideration the types of activities planned, when using the other's recreational facilities. When CITY swimming pools are utilized, the party sponsoring the event or class is required to provide supervisors who are certified in lifeguard training. S:~Planning~Public\Data\lNTERGV'~lLAS\0402b°yn'd°c 6 o with all codes, maintenance. 9. CITY and BOARD shall utilize the facilities and equipment of the other in the manner, and to the extent and degree, intended for the particular facility or equipment in use and shall leave such facilities and equipment in a clean and orderly condition upon leaving the recreation facility. 10. CITY and BOARD agree that any problem or issue that cannot be resolved between the BOARD's Principal and the CITY's Recreation Director relative to the-mutual use of the recreation facilities governed by this Agreement shall be referred by the Principal to the Area Superintendent and by the Recreation Director to the Assistant City Manager. Such referral shall be made within three (3) days from the date giving rise to the conflict with notice being provided to the other party. The Area Superintendent and the Assistant City Manager shall endeavor to resolve the issue within seven (7) days from the referral date. In the event that a satisfactory resolution of the situation cannot be achieved, the matter shall be referred to the City Manager and the Superintendent of Schools. 11. Both parties are governed by the provisions of Florida Statute 768.28 and nothing contained in this agreement shall be deemed a waiver of the protection thereof. Neither party shall be required to provide the other with insurance coverage for utilization of facilities. Within the extent permitted by law, BOARD shall indemnify and hold CITY harmless from and against any and CITY shall maintain and operate the CITY facility in compliance ordinances, and laws, and shall be responsible for proper S:~Dlan ning~Public\Data\l NTE RGV'P'ILAS\0402b°yn'd°c 7 all loss, cost, damage and/or claim on account of injury to persons or property, arising out of the presence on or the use of CITY property by BOARD, its employees, students, teachers, agents, and invitees. However, BOARD does not indemnify CITY from and against any and all loss, cost damage and/ or claims due to CITY's negligence. Within the extent permitted by law, CITY shall indemnify and hold BOARD harmless from and against any and all loss, cost, damage and/ or claim on account of injury to persons or property, arising out of the presence on or the use of BOARD property by CITY, its employees, agents, and invitees. However, CITY 'does not indemnify BOARD from and against any and all loss, cost, damage and/or claims due to BOARD's negligence. CITY and BOARD agree that this Paragraph shall survive the termination of this Agreement. 12. In the event that litigation shall be necessary for the enforcement of this Agreement on behalf of either party, then the prevailing party shall be entitled to reasonable attorney fees and costs incurred in said litigation. This Agreement shall be construed in accordance with the laws of the state of Florida. Should any litigation arise from this Agreement, the venue for said litigation shall be Palm Beach County. 13. This Agreement shall be modified only upon written agreement of the parties with at least sixty (60) days written notice to the other party. However, any and all Attachments attached hereto and incorporated herein S:~Plan ning~Public\Data\lNTERGVT~l LAS\0402boyn-d°c ~ may be modified upon mutual consent by the Assistant Superintendent for Support Services and the Assistant City Manager. 14. This Agreement shall be for a term of one (1) year and shall be automatically renewed on an annual basis beginning at the end of the initial term. Either party may terminate this Agreement without cause upon ninety (90) days written notice to the other party. Both parties hereto, their successors and/or assigns shall be relieved of all liability hereunder except as provided in Paragraph 10 herein. 15. All notices herein required shall be in writing. Any such notice shall be deemed sufficiently delivered or served if served personally or sent by the United States mail to the addresses set forth below: As to CITY: Recreation Director City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 With copy to: Assistant City Manager City of Boynton Beach As to BOARD: Superintendent of Schools School District of Palm Beach County 3340 Forest Hill Boulevard West Palm Beach, FL 33406-5869 With copy to: Assistant Superintendent for Support Services OR, IF APPROPRIATE: Area Superintendent 16. This Agreement together with any addendum that may be attached hereto and incorporated herein sets forth all the covenants, promises, S:~Planning\Public\Data\lNTERGVT~lLAS\0402boyn.doc ~) agreements, conditions and understanding between the parties hereto. There are no covenants, promises, agreements, conditions and understandings, either oral or written, between the parties other than those herein set forth. No Agreement shall be binding upon the parties, unless and until reduced to writing and signed by both CITY and BOARD. 17. CITY and BOARD agree not to discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability in the use of the recreation facilities pursuant to this Agreement. 18. If any term or provision of this Agreement shall, to any extent, be deemed invalid or unenforceable, the remainder of this Agreement shall be valid and shall be enforced to the fullest extent of the law. 19. In their use of BOARD property, the CITY and all CITY's permitted users shall comply with all current BOARD policies. The School Board policies are located on the internet at www.palmbeach.k12.fl.us/and are incorporated herein, it shall be the CITY's responsibility to comply with all BOARD policies as they may be modified from time to time during the term of this ~-,a~e- Agreement. IN WITNESS WHEREOF, this Agreement has been executed by the parties herein on the day and year first above written. ATTEST: SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA By: By: ~~ Thomas E. Lynch, Chairman Mayor S:~Planning~Public\Data\lNTERGVT~l LAS\0402boyn.doc ]. 0 APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: By: City Attorney Generat Co~n~,el S:~Planning~Public\Data\l NTERGVT~I LAS\0402boyn.doc ]. ]. Date: Contact Person: Address: ATTACHMENT A FACILITY REQUEST FORM Document No.: Zip Telephone (Business): ( ) Facility Request: Choice Number 1 Choice Number 2 Activity: Age Group: MARK APPROPRIATE DAY(S) IN WHICH FACILITY WILL BE NEEDED: ( )Mon. ( ) Tues. ( ) Wed. ( ) Thurs. ( ) Fri. ( ) Sat. ( ) Sun. Dates: Time: To: ( ) New Request ( ) Repeat Request- Date and Location of Previous Use: Other Pertinent Information (As Necessary): REQUESTING PRINCIPAL OR DIRECTOR OF RECREATION ( ) APPROVED ( ) DISAPPROVED $ DATE PRINCIPAL OR DIRECTOR OF RECREATION S :~Pla n ning'~ublic~Data\l NTERGVT/ILAS\0402boyn.doc ] 2 ATTACHMENT B CITY OF BOYNTON BEACH PERMITTED USERS Boynton Beach City Department Sponsored Events This may include, but not be limited to: Boynton Beach Little League Association Boynton Beach Bulldogs Football Association Boynton Beach Senior Softball League S :~Pla n ning~Public\Data\lNTERGV'lAILAS\0402boyn.doc ] ~ Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VII.-CONSENT AGENDA ITEM C.7 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Tumed 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: Ratification of an Agreement between the City of Boynton Beach and the Police Benevolent Association - Sergeant's Unit for the period from October 1, 2002 through September 30, 2004, and authorization for execution of the document. EXPLANATION: The city's negotiating team and the Police Benevolent Association - Sergeant's Unit, have been engaged in contract bargaining and have successfully negotiated an Agreement which has been ratified unanimously by the Union. It is now before the Commission for ratification. PROGRAM IMPACT: n/a FISCAL IMPACT: n/a ALTERNATIVES: Department Head's Signature Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION R02- ,~ R~SOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE AGREEMENT BETWEEN THE CITY OF · BOYNTON BEACH, FLORIDA AND THE POLICE BENEVOLENT ASSOCIATION - SERGEANT'S UNIT FOR THE PERIOD FROM OCTOBER 1, 2002 THROUGH SEPTEMBER 30, 2004, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVDING AN EFFECTWE DATE. WHEREAS, the City of Boynton Beach and the Police Benevolent Association - iPBA) Sergeant's Unit have successfully concluded negotiations for a two year contract; and and WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify the Agreement and execute the same; 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 ratify the Agreement between the City of Boynton Beach and the Police Benevolent Association (PBA) - Sergeant's Unit for the period from October 1, 2002 through September 30, 2003, and authorizing and directing the Mayor and City Clerk to execute the Agreement, which is attached hereto. Section 2. This Resolution will become effective immediately upon passage. S:\CA'd~ESO'xAg~erc~nts\BBPD',PBA- Sgts Agr. doc PASSED AND ADOPTED this day of November, 2002. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) S:\CALRESOXAg~mm~nts~BBPDkPBA- Sgt~ Agr. do~ VZI.-CONSENT AGENDA ITEM C.7. AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION POLICE SERGEANTS OCTOBER 1, 2002 - SEPTEMBER 30, 2004 Union City~'of S:\CA\Collective Bargaining\PBA Sgts. 2002\CBA\Contract-S~tsl002.doc Boynton Beach TABLE OF CONTENTS Article Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ~nion Preamble ..................................... Recognition .................................. No Strike or Lock-Out ....................... Non Discrimination ........................... Dues Deduction ............................... Union Time Pool .............................. PBA Representation ..................... Bulletin Boards .............................. Reproduction ......................... Rights of Law Enforcement Officers Under Investigation ........................ Management Rights ........................... Discipline and Discharge ................... Rate of Pay .................................. On Duty Injuries ............................. Call Back Pay ................................ Stand By Pay ................................. Court Appearances ............................ Bereavement Leave ............................ Sick Leave ................................... Vacation ..................................... Holidays ..................................... Funeral Expenses ............................. Medical Expenses ............................. Uniforms ..................................... Training ..................................... Personnel Records ............................ Solicitations ................................ Safety and Health ............................ Use of City Facilities ....................... Hours of Work and Overtime ............ Shift Selection .............................. Seniority .................................... Transfers and Shift Changes .............. Group Insurance .............................. Tuition Reimbursement ...................... Departmental Policies, Rules & City~ of S:\CA\Collective Bargaining\PBA Sgts 2002\CBA\Contract-Sgtsl002.doc 1 2 3 5 6 7 8 9 10 1! 12 14 15 17 18 19 20 21 22 24 27 29 30 31 33 34 36 37 38 39 41 42 43 44 46 Boynton Beach 36 37 38 39 4O 41 42 43 44 45 Regulations ...................... Special Details .............................. Grievance and Arbitration Procedures ......................... Past Practices ............................... Entire Agreement ............................. Personal Vehicles ............................ Qualifications For a Bargaining Unit Position ....... Temporary Assignment ..................... Savings Clause ............................... Chemical Testing ............................. Duration of Agreement/Signatures ..... Signatures ..................................... 47 48 49 55 56 57 58 59 60 61 62 62 Union---- Ci S:\CA\Collective Bargaining\PBA Sgts. 2002\CBA\Contract-Sgtsl002.doc Boynton Beach PREAMBLE Section 1. This agreement is entered into by and between the City of Boynton Beach, Florida, hereinafter referred to as the "Employer" or "City", and the Palm Beach County Police Benevolent Association, hereinafter referred to as the "PBA" or the "Union". It is the intent and purpose of this Agreement to create a sound and mutually beneficial working and economic relationship between the parties hereto; to provide an orderly, prompt and peaceful means of resolving disputes involving interpretation or application of this Agreement; and to set forth basic and full agreement between the parties concerning wages, hours, terms and conditions of employment. Union S :\CA\Collective BargainingXPBA Sgts. 2002\CBAXContract-Sgts 1002.doc 3:04 PM C~ty of Boynton Beach 2 ARTICLE 1 RECOGNITION Section 1. The City of Boynton Beach hereby recognizes the PBA as the exclusive collective bargaining agent with respect to wages, hours and other terms and conditions of employment for all employees in the bargaining unit. The term "member" or "employee" will mean any member of the bargaining unit. Section 2. The bargaining unit for which this recognition is accorded is as defined in the certification granted by the Public Employees Relations Commission dated September 16, 2002, and comprises all full-time police sergeants with the City of Boynton Beach. Excluded are all other employees of the City. Union S:\CA\Coll¢ctiv¢ BargainingXPBA Sgts. 2002\CBA\Contract-Sgt$1002.doc 3:04 PM City of l~o~ton Beach ARTICLE 2 NO STRIKE OR LOCK-OUT Section 1. "Strike" means the concerted failure to report for duty, the concerted absence of Sergeants from their positions, the concerted stoppage of work, the concerted submission of resignations, the concerted abstinence in whole or in part by any group of Sergeants from the full and faithful performance of their duties of employment with the City, participation in a deliberate and concerted course of conduct which adversely affects the services of the City, picketing or demonstrating in furtherance of a work stoppage, either during the term of or after the expiration of a collective bargaining agreement. Section 2. Neither the Union, nor any of its officers, agents and members, nor any employee organization members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, illegal picketing, or any other interruption of the operations of the City. Section 3. Each Sergeant who holds a position with the City occupies a position of special trust and responsibility in maintaining and bring about compliance with this Article and the strike prohibition in Florida Statutes 447.505 and the Constitution of the State of Florida, Article 1, Section 6. Accordingly, the Union, its officers, stewards and other representatives agree that it is their continuing obligation and responsibility to maintain compliance with this Article and the law, including their responsibility to abide by the provisions of this Article and the law by remaining at work during any interruption which may be initiated by others; and their responsibility, in event of bre.ac~of this Article or the law by other Union City of BoSton Beach S :\CA\Collective BargainingLPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM 4 employees and upon the request of the City, to encourage and direct employees violating this Article or the law to return to work, and to disavow the strike publicly. Section 4. Any or all Sergeants who violate any provisions of the law prohibiting strikes or of this Article may be dismissed or otherwise disciplined by the City, and any such action by the City shall not be grievable or arbitrable under the provisions of Article 37 - Grievance and Arbitration Procedures. Union S:\CA\Coll¢ctiv¢ Bargainingh°BA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Bo~on Beach ARTICLE 3 NON-DISCRIMINATION Section 1. The City and the Union oppose discriminatory behavior of any nature. The City and the Union shall work jointly to eliminate discriminatory conduct in the work place. Discriminatory conduct means words or actions which are derogatory, or insulting and make reference to age, race, gender, religion or national original. To that end, the City and the Union agree that bargaining unit members have an affirmative duty to act against discriminatory behavior when it occurs in their presence or comes to their attention. Discriminatory conduct by an employee can result in disciplinary action up to and including termination. Section 2. Any claim of discrimination by an employee under this Article may be brought with the appropriate governmental agency, but may not be grieved under the Agreement. Union S:\CA\Collective BargainingXPBA Sgts. 2002\CBA\Contract-Sg~1002.doc 3:04 PM City of l~ton Beach ARTICLE 4 DUES DEDUCTION Section 1. Any employee covered by this Agreement may authorize a payroll deduction for the purposes of paying Union dues. Such authorization shall become effective upon acceptance by the City of a fully executed dues deduction form from the employee. Employees who are currently members of the bargaining unit need not execute a new dues authorization card. Section 2. The Union will notify the City as to the amount of dues. Such notification to the City shall be from an official of the Union. Changes in Union membership dues will be certified to the City at least thirty (30) days prior to the effective date of the change. Section 3. Dues will be deducted each pay period and such monies shall be remitted to the Union treasurer once per month, not later than fourteen days after the end of the month. Section 4. The effective date of deducting dues shall be the beginning of the pay period following the day the dues deduction form is signed. The effective date for stopping dues deduction shall be at the beginning of the pay period thirty (30) days following the date the revocation form is received by the City. Section 5. The Union will indemnify and hold harmless the City against any claims brought against the City based on payroll deductions of dues as provided in this Article. Union S :\CA\Collective llargaining~PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach ARTICLE 5 UNION TIME POOL Section 1. The City shall allow employees to donate time for the creation of a time pool for utilization of designated union representatives for the conduct of union business within and outside of the City. Use of time pool time may be denied if it will result in the City incurring overtime payments. Time pool activities shall be limited to activity by union representatives for the following: investigation; To assist an employee who is required to appear at a hearing related to a ghevance; To assist an employee who is presenting or responding to a grievance; The employee is subject to interrogation in conjunction with an internal affairs Section 2. form designated by the City), not toward the Union Time Pool. Section 3. Union representatives D. To assist an employee who is attending a predetermination hearing. E. Attendance at collective bargaining sessions as a team representative. In addition, members of the bargaining unit may donate in two (2) hour increments (on a to exceed eight (8) hours each per year of vacation time to be used shall be released from duty upon reasonable notice to the Department and upon the approval of the division or bureau commander or lieutenant. If the needs of the Department do not permit the release of a particular employee as requested, the release of an alternative member during the desired time shall be provided. Union S:\CA\Collective Barsainin$\PBA Sgts. 2002\CBAtContract-S8TM 1002.doc 3:04 PM City of~oynton Beach 8 ARTICLE 6 PBA REPRESENTATION Section 1. or bargaining representatives of the other party. exchange a list of bargaining team members. Neither party in negotiations shall have any control over the selection of the negotiating The parties shall, at their first bargaining session, Section 2. The City shall recognize up to two (2) PBA representatives for the purposes of bargaining and any bargaining team members shall be permitted to attend bargaining sessions which may occur during their regular tours of duty without any loss of pay but the time for more than two (2) representatives will be charged to the Union Time Pool. The City shall not be required to provide overtime to any employee attending negotiations. Section 3. The parties agree that the PBA may establish a system of stewards providing for a chief steward and an individual steward on each shffi and division represented by the bargaining unit. Stewards on duty shall be permitted reasonable release time with pay upon approval of the division or bureau commander or lieutenant for the purpose of processing any individual grievance or assisting employees at investigatory or disciplinary interviews. Section 4. When acting in their capacity as PBA representatives within the Department and not on behalf of themselves, employees shall not be obligated to observe the Departmental chain of command. A representative may not refer an issue outside of the department without first presenting it to a senior staff officer. This shall not relieve employees fi.om observing the Departmental chain of command except for receiving approval of release time with regard to their .du~r~related activities, notwithstanding Union ~ City of B~ynton Beach S:\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM their position as a PBA_representative. ARTICLE 7 BULLETIN BOARDS Section 1. The Union shall be provided with the use of a Sergeant's Union bulletin board space at one (1) location in the police building. Section 2. The Union agrees that it shall use the space on the bulletin boards only for the purposes of posting notices of Union meetings; notices and results of Union elections; reports of Union committees; rulings or policies of the Union; recreational and social affairs of the Union, and notices by public bodies. Union S:\CA\Collective BarsainingLPBA Sgts. 2002\CBA\ConUact-Sgtsl002.doc 3:04 PM City of B~ynton Beach 10 ARTICLE 8 REPRODUCTION Section 1. The parties agree that all bargaining unit members covered by this Agreement shall be provided one (1) copy of this Agreement by the City at no cost to the bargaining unit member. Section 2. .The City will post the Agreement on the City's shared drive. Union S:\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach ARTICLE 9 RIGHTS OF LAW ENFORCEMENT OFFICERS UNDER INVESTIGATION 11 The City of Boynton Beach agrees that all fights of Law Enforcement Officers under investigation detailed and granted by Florida Statutes, Section 112.532, 112.533, AND 112.435 will be observed and practiced. Union S:\CA\Collective BargainingXPBA Sgts. 2002\CBA\Conlract-Sgtsl002.doc 3:04 PM City of Boynton Beach Section 1. Department. A. 12 ARTICLE 10 MANAGEMENT RIGHTS The Union recognizes that the City has the exclusive right to manage and direct the Police Specifically, but not by way of limitation, the City retains the exclusive fight to: Hire, promote, and lay off employees in accordance with the City of Boynton Beach Personnel Policy Manual. B. Discharge and suspend employees for cause. C. Transfer employees from one location to another, one shift to another, or one starting time to another. Do Establish and change the starting and quitting times and the number of hours and shifts to be worked. E. Assign and reassign employees. F. Schedule and change the work to be performed by employees. Go Formulate, implement and change Departmental policy, rules, regulations, and directives which are not in conflict with the specific provisions of this Agreement. H. Introduce new services, procedures, materials, facilities and equipment. Mandate physical, medical, and drag testing in accordance with law. The City agrees to use State Certified Laboratories for all drag testing. J. Determine and change the equipment and materials provided to or not provided to employees. K. Add to or change the qualifications necessary for any job classification. Create, alter or disband by the Police Chief. Union S:\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM any units based upon the needs of the Department as determined City of B~ynton Beach 13 If the City fails to exercise any one or more of the above functions fi.om time to time it shall not be deemed a waiver of the City's right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement shall remain with the City. Section 2. In the event of any change over which the City may have an obligation to bargain concerning an impact of the change, the change may be implemented prior to resolution of the impact bargaining. Union S:\CA\Collective BargainingXPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach 14 ARTICLE 11 DISCIPLINE AND DISCHARGE Section 1. Employees may be disciplined only for just cause. No employee shall be disciplined without notice of the charges setting forth the basis for such discipline. Section 2. Employees shall have the opportunity to appeal disciplinary action in the manner set forth in Article 37 of this Agreement. Section 3. The parties recognize that timeliness of disciplinary action is an essential element of due process. Accordingly, it is incumbent upon the Police Chief to make a recommendation to the City Manager for discipline within ten (10) days of the Police Chiefs conclusion of the investigation. Union S:\CA\Collective Bargaining~PBA Sg~. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach 15 ARTICLE 12 RATE OF PAY Section 1. Those employees who are selected members of the SRT team shall be compensated an additional 10% for hazardous duty when said team is actually called to duty. Members of the Vice, Intelligence, Narcotics Units and Directed Patrol who are active shall receive a 5% pay supplement. No employee shall receive more than one assignment pay. Section 2. Effective October 1, 2002 and payable the first pay period following ratification of this Agreement and for the term of this Agreement each bargaining unit member who received an annual evaluation score which "meets expectations" will receive a 6% base wage adjustment. Members who receive a performance evaluation score which "exceeds expectation" will receive an additional 1% added to base (6%+1%). Members who receive a performance evaluation score of "outstanding" will receive an additional 2% added to base (6%+2%). "Base" receiving on 9-30-02. means the base annual salary the member was Effective October 1, 2003 and payable the first pay period following ratification of this Agreement and for the term of this Agreement each bargaining unit member who received an annual evaluation score which "meets expectations" will receive a 6% base wage adjustment. Members who receive a performance evaluation score which "exceeds expectation" will receive an additional 1% added to base (6%+1%). Members who receive a performance evaluation score of "outstanding" will receive an additional 2% added to base (6%+2%). "Base" receiving on 9-30-03. Union S:\CA\Collective BargainingXPBA Sgts. 2002\CBA\Contract-Sgtsl002.doc 3:04 PM means the base annual salary the member was City of Boynton Beach 16 Each bargaining unit member assigned to the 11.5 hour shift will receive a 8.5% assignment pay for hours actually worked on the 1 ! .5 shift. Section 3. The minimum salary for the position covered by this agreement during term of agreement as follows: 110/1/02-9/30/04$45,600 Section 4. The top out pay (maximum base annual salary) for the position covered by this agreement during the term of this agreement is not capped. Section 5. When a Sergeant position vacancy is filled by lateral hire fi.om another agency, the salary for the new hire shall be based on a recommendation by the Police Chief and established by the City Manager, in consultation with the Human Resource Director, taking into consideration the needs of the department and the experience of the new hire. Union S:\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach 17 ARTICLE 13 ON-DUTY INJURIES Section 1. When an employee is totally disabled from duty for a period of no more than seven (7) calendar days because of an injury determined to be compensated under the provisions of the Workers' Compensation Act, the employee shall be entitled to full regular pay. If the period of disability is greater than seven (7) calendar days, the employee will be eligible to receive a sum of money up to an amount equal to the difference between his/her Workers' Compensation check and his/her normal net take home pay. Section 2. If the period of disability is greater than 180 days, the City may ask the Police Pension Board to review said employee's disability case for retirement due to disability. Section 3. Following three hundred sixty (360) days loss of duty due to a service-connected injury, the City shall be authorized to dismiss the employee for physical inability to perform within the employee's classification. Section 4. The City shall attempt to provide light duty police work for employees disabled in the line of duty. Union S:\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:0~ PM City of Boynton Beach 18 ARTICLE 14 CALL-BACK PAY Section 1. The Department shall develop a call-back policy, based on seniority, which provides for the Shift vacancies or vacancies created by special events or other exigent situations will be filled by sergeants from the off-going shift or those currently on duty. b. In the event that vacancies cannot be filled by on duty, off going sergeants, those sergeants who are not on duty will be offered the vacancy through a "seniority wheel" process. Sergeants will be called in order of seniority until the vacancies are filled. On the next occasion where a vacancy is to be filled by other than an on duty, off going sergeant, the starting point on the seniority list will be the name of the sergeant immediately after that sergeant who elected to fill the last vacancy utilizing the "wheel" procedure. c. No employee shall work more than 16 hours in any 24 hour period absent a designated emergency. Section 2. On duty, off going sergeants who elect to fill a vacancy on the upcoming shift will be paid at time and one-half of the regular rate of pay for each hour actually worked past their normally assigned shift. Section 3. Sergeants who elect to fill a vacancy on the upcoming shift and who were not on duty immediately preceding the vacancy to be worked, will be paid at tirhe and one-half their regular rate of Un/on City of Boynton Beach S :\CAXCollective Bargaining~PBA Sgts. 2002XCBA\Contract-Sgt~ 1002.doc 3:04 PM following: a. 19 pay for each hour actually worked with a minimum payment of three hours at the overtime rate. Umon S :\CA\Collective BargainingXPBA Sgts. 2002\CBA\Contract-Sgls 1002.doc 3:04 PM City of Boynton Beach 20 ARTICLE 15 STAND-BY PAY Section 1. Employees directed to be on operational stand-by status must be able to respond to a specified location on duty within one (1) hour and shall be compensated for one hour at time and one- half(1 1/2) the employee's regular rate of pay for each day (24 hour period) on call. Section 2. In the event the unit member responds to a specified location for duty, this section would not apply and Article 14, Call-Back Pay, would prevail. Therefore, Stand-By Pay will only be granted if the unit member is on stand-by status and not called to duty. Uaion S:\CA\Coll¢ctive Bargaining~PBA Sgts. 2002\CBA\Contract-Sgtsl002.doc 3:04 PM City oir B~ynton Beach 21 ARTICLE 16 COURT APPEARANCES Section 1. When required to respond to court, deposition, subpoena, or any other judicial or administrative proceeding arising out of a member's duty as a police officer, and not involving the officer as a plaintiff or whose interest is affected by the plaintiff, the employee shall be paid a minimum of three (3) hours per day at time and one-half (1 1/2) the employee's regular rate of pay, unless such court appearance occurs during the employee's regular working hours. Section 2. If court appearance is contiguous with the end of the employee's shift, court time shall be compensated as any other over time assignment. Section 3. When a member has been ordered to remain on standby for court appearance purposes during the member's off-duty hours, he/she shall be compensated at a minimum of one hour at time and one-half (1 V2) the member's regular rate of pay for the first hour and one-half (1/2) the member's regular rate of pay for all remaining hours. Union S:\CA\Collective BargainingXPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach 22 ARTICLE 17 BEREAVEMENT LEAVE Section 1. In the event of the death of the parent, foster parent, sibling, spouse, child, grandparent, grandchild, mother or father-in-law, sister or brother-in-law, grandparents of spouse, domestic life partner, and any permanent family member of the household such employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive calendar days for any one death. However, if it is necessary for the employee to leave the State of Florida in connection with the funeral of the deceased, five (5) days compassionate leave shall be allowed. Additional leave may be authorized by the Chief or his/her designee on a case-by-case basis, except that such additional leave shall be debited against the employee's accrued sick or annual leave. Section 2. Employees must verify, in writing attendance at an out-of-state funeral in writing in order to be eligible for benefits under this Article. The City Manager may grant additional leave under this Section. Union S:\CA\Collectiv¢ BargainingkPBA Sifts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach 23 ARTICLE 18 SICK LEAVE Section 1. Sick leave is earned and accrued on an hourly basis. Employees shall earn ninety-six (96) hours o£ sick leave per year at the rate of eight (8) hours per month. Use of sick leave will be charged against a member's bank of accrued time on an hour for hour basis. The use of sick leave shall be in accordance with the City of Boynton Beach Personnel Policy Manual. Upon retirement or separation of service with the City of Boynton Beach, all accrued sick leave will be paid out at the rate of 50%. Employees who have more than one-hundred-twenty (120) hours of sick leave as of October 1, of any contract year, may convert 50% of the excess over one hundred twenty (120) hours to a cash straight time payment not to exceed one hundred (100) hours in the contract year. Those hours over one hundred twenty (120) hours not converted in this contract year may be converted in the next contract year. Section 2. It shall be the policy of the City to permit an employee the oppommity to donate accrued sick leave time to a designated employee, provided the contributing employee has at least 120 hours accrued sick leave, whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time, and when the employee has exhausted all accrued sick leave and annual leave to the equivalent of his/her current annual earned vacation rate. Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness, or injury. When there appears to be a need to share sick leave in accordance with this Article, the Union Steward will prepare a list of bargaining unit members who are willing to contribute sick leave hours, confirming through the Finance Department that the hours are available. Such list shall be subn~,.~to the Payroll Administrator for ~(.l) ~? City ofBo5~nt°n Beache:~ Union S:\CA\Collective BargainingLPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM proper charge to sick leave records. form supplied by the Union Steward. Section 4. Sick leave use for medical cannot be changed by the advance and Department. Section 5. 24 The time charged will be used in the order listed on the appropriate Union S:\CA\Collective Bargaining~BA Sg*.s, 2002\CBAXContract-Sgts 1002.doc 3:04 PM appointment must be scheduled more than 48 hours in Department except in the event of a clear need by the No member shall be placed on restricted sick leave prior to being counseled by the Division Commander informing the member of the reasons and allowing them an opportunity to explain the situation. If after counseling a problem continues, the member will be notified in writing and placed on restricted sick leave. A member will be on restricted sick leave for a period of six (6) months. At the end of six months, the member will be advised in writing if the Department intends on extending the restricted sick leave. Section 6. At the employee's option, provided the contributing employee has at least 120 hours of accrued sick leave, the employee may convert sick time to vacation time not to exceed forty (40) hours, to be transacted on the first month of the calendar year. Section 7. Each bargaining unit member covered by this agreement is eligible to receive eight (8) hours of additional leave for continuous attendance at work at the completion of each calendar quarter that the bargaining unit member has not used sick leave during the previous quarter, nor has been absent from work or on leave, other than those paid leave categories recognized in this document. Bonus days shall be counted as vacation leave and subject to the provisions set forth for use of vacation. City of Boynton Beach 25 ARTICLE 19 VACATION Section 1. Vacation is earned and accrued on an hourly basis. Each full time employee shall earn vacation leave at the rates shown in the schedules outlined below. Use of vacation leave will be charged against a member's bank of accrued time on an hour for hour basis. The number of hours credited per year will not increase after the 20th year of service unless the schedule is amended. A bargaining unit member shall, upon termination of employment with the City, be paid for unused accumulated vacation leave. For those bargaining unit members hired prior to 10/1/91: Vacation Hours Per Year 1 96 2 - 3 120 4 128 5 136 6 144 7 152 8 160 9 168 10- 15 176 16 - 20 192 21+ 200 ¢¢ ~ L~,],~, City of Boynton Beach Union S :\CA\Collective BargainingLPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM Years of Service For those bargaining unit members hired after 10/1/91: Years of Service Vacation Hours 1 Year 48 2 years but less than 5 96 5 years but less than 10 120 10 years 136 10 years but less than 20 160 26 Employees may accrue vacation leave to a maximum of the level earned in the most recent two employment years. However, any amount over the allowable maximum that has not been used during that fiscal year (October 1 - September 30) will be forfeited as of September 30. Section 2. Seniority will prevail in the granting of vacations. Section 3. Vacation requests may be submitted fi.om forty eight (48) hours to thirty (30) days in advance. In the event of dual requests for vacation dates, the senior member's request shall prevail if it was submitted twenty one (21) days prior to the date or dates requested. Vacations of three (3) consecutive shifts or less may be made within twenty-four (24) hours advance notice, provided that the City incurs no overtime in the granting of such request. Section 4. Requests for emergency vacation leave shall be individually considered by the Chief of Police. Section 5. No member shall be denied vacation nor shall vacation privileges be suspended or canceled except as specifically set forth in this Agreement or in tim~f declared emergency, as defined Union City of Bo53nton Beach S:\CA\Collective Bargaining~BA Sgts. 2002\CBA\Contract-Sgtsl002.doc 3:04 PM in this Agreement. Section 6. All sergeants shall receive, in addition to the existing vacation accruals, 27 60 hours of personal time which may be used in four hour increments (non-accumulative and cannot create an overtime situation). Denial of a request for usage is not grievable. Union S:\CA\Collectiv¢ BargainingXPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach Section 1. Section 2. Employees shall be paid for legal holidays. ARTICLE 20 HOLIDAYS 28 Holidays will be in accordance with the City of Boynton Beach Personnel Policy Manual. Those employees who work on a holiday shall also be at time and one-half rate. Those employees who are scheduled off for the holiday will be paid at straight time. Employees must work their regular work days immediately before the after the holiday in order to receive pay for the holiday or be in an authorized with pay status immediately before and after the holiday. Section 3. Bo Do Union S :\CA\Collective Bargaining~PBA Sgts. 2002\CBAXContract-Sgts 1002.doc 3:04 PM Holiday Conversion. Under this Article a member may elect not to receive holiday pay as outlined in Section 2 above, but instead to have the equivalent straight time holiday hours added as a lump sum to their accrued vacation balance. Members who sign up for this section must do so between October 1 st and October 31 st of each contract year with the Bureau of Administration. Members exercising this option for conversion will be paid only straight time for the hours worked on the holiday. Members whose regular days off are on a holiday will receive their normal weekly pay. Members leaving the service who participated will owe the City for those holidays they were not on the Payroll either through loss of vacation credits or deduction from funds due from the City. City of Boynton Beach Fo 29 Members may elect to take the holiday off and at their option deduct eight (8) hours vacation or take the holiday off without pay. Union S:\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Conlraet-Sgtsl002.doc 3:0~ PM City of Boynton Beach 30 ARTICLE 21 FUNERAL EXPENSES Section 1. The City will make a payment not to exceed $5,000 for funeral costs to the beneficiary of bargaining unit employees killed in the line of duty. Section 2. All employees shall, on a form to be supplied by the Human Resource Director or his/her designee, designate by name and address, the individual to whom such funds are to be paid. Union s :\CA\Collective BargainingXPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach 31 ARTICLE 22 MEDICAL EXPENSES Section 1. Members will receive and shall be obliged to take an annual electro-cardiogram and physical examinations by licensed physician approved by the City. Scheduling shall be at the discretion of the Department and the results will become part of the employee's permanent record. Said medical records shall be exempt from public inspection, as provided by Chapter 119, Florida Statutes. The City shall bear the cost of the examination. Section 2. Any condition of disability resulting from Hepatitis, Acquired Immune Deficiency Syndrome (AIDS), TUberculosis, Meningococcal Meningitis, or Herpes Simplex I, established to have been occun'ed in the line of duty shall be covered the same as any other duty injury. Section 3. Beginning at the age of 30 and every other year thereafter, bargaining unit members shall be provided a twelve lead EKG and cardiac stress test to be paid for by the City and to be performed at a City designated medical facility. A hepatitis "B" vaccine series shall also be offered by the City to all bargaining unit members at no cost to the member. Section 4. The City shall bear the costs involving lead testing for the Range Instructor(s). Section 5. At the members discretion he/she may request an AIDS and/or Hepatitis screen at the time of his/her annual physical. The cost to be paid for by the City. The results of the AIDS test shall remain confidential. Union S:\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach 32 ARTICLE 23 UNIFORMS Section 1. The City will supply those parts of the uniform that the City requires police sergeants to wear on duty. The City will supply replacements for the parts of the uniform when replacement is appropriate, as determined by the Chief of Police, and if adequate funds are available in the City's budget. Section 2. Effective on the date of the approval of this Agreement, sergeants who are members of the bargaining unit and assigned to plain clothes duty will receive a maximum of $1,000.00 per contract year, paid in $250 installments at the end of each quarter and pro-rated as appropriate when assigned during each quarter to plain clothes duty. This allowance shall commence fi.om the date of assignment on a pro-rate basis. Section 3. Sergeants assigned to plain clothes duty for more than three (3) months at a time will receive a clothing allowance in accordance with the above for the three (3) months and pro-rated thereafter. Section 4. contract year. The City will bear the cost of cleaning ten (10) issued uniform pieces per week for the The City shall designate the only approved dry cleaning establishment. Plain clothes Sergeants shall be given a cash cleaning supplement reasonably equivalent to that of the uniformed sergeant. This will be paid at the end of each quarter of the contract year. This allowance shall commence fi.om the date of assignment on a pro-rated basis. Section 5. Sergeants assigned to plain clothes duty for more tha~t_,three (3) months at a time will, for Union City of Boynton Beach S:xCA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM 33 that three months period, be given a cash cleaning supplement equivalent to that given sergeants and pro-rated thereafter. These payments for sergeants assigned to plain clothes duty will substitute for the normal cleaning allowance for sergeants. Union S:\CA\Collective BargainingXPBA Sgts. 2002\CBA\Contract-Sgtsl002.doc 3:04 PM City of Boynton Beach 34 ARTICLE 24 TRAINING Section 1. All training required of the sergeant by the Police Department when off duty shall be compensated at the rate of time and one-half (1 1/2) the employee's regular rate of pay, not including seminars, conferences, schools and special programs. Section 2. The Police Chief will decide on the Department's training program according to his judgment of the needs and requirements and potential for each member of the Department. Union S:\CA\Collective Bargaining~PBA Sgts. 2002\CBA\ConU'act-Sgts 1002.doc 3:04 PM City of Boynton Beach 35 ARTICLE 25 PERSONNEL RECORDS Section 1. All personnel records shall be maintained within the limits of and in accordance with the provisions of the Public Records Law. Section 2. Consistent with State law, the City agrees that upon request, a member shall have the right to inspect his or her own personnel records whenever or however kept. The member shall have the right to make duplicate copies of his or her own records at no expense to the member. No record shall be hidden from a member's inspection and members shall have the right to allow anyone of his or her choosing to inspect the personnel records with written authorization. Members shall have the right to inspect any and all records used to evaluate, promote or in any other manner, classify or direct an employee within the provisions of the Public Records Law. Section 3. A personnel file for all bargaining unit employees is maintained by the City Human Resources Department. The City will purge these files of disciplinary actions in accord with the appropriate Florida State Statute. The purging will take place when the Human Resources Department notes that it is time for a record to be purged or when an employee, in writing brings the matter to the attention of the Human Resources Director. An employee may request, in writing, that specific items be added to his/her Personnel file. Section 4. All citizen complaint files and Internal Affairs investigations will be governed by Florida State Statutes and the Public Records destruction guidelines. Section 5. All bargaining unit members covered by this AgreeT~_~ust be notified in writing (E-mail city of B ;y ton Beach Union S:\CA\Collective BargainingXPBA Sgts. 2002\CBAXContract-Sgts 1002.doc 3:04 PM 36 is acceptable notification) when someone other than a City employee requests to review the bargaining unit members' personnel/I.A, file. Union S:\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contraet-Sgtsl002.doc 3:04 PM City of Boynton Beach 37 ARTICLE 26 SOLICITATIONS No member shall be forced to attend or participate in solicitations for monies, membership or sales by any outside group (charities, insurance companies, religious organizations, etc.) while on duty or at roll call. Union S:\CA\Collective BargainingXPBA Sgts. 2002\CBA\Contract-Sgtsl002.doc 3:04 PM City of Boynton Beach 38 ARTICLE 27 Section 1. health, sanitation employees. Section 2. SAFETY AND HEALTH The City agrees that it will conform to all State and Federal laws concerning safety, and working conditions, when said laws are specifically applicable to public Protective devices, wearing apparel and other equipment necessary to protect employees from injury shall be provided and maintained in proper working condition by the City at no cost to the employee. Union S:\CA\Collective BargainingXPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach 39 ARTICLE 28 USE OF CITY FACILITIES The PBA shall be entitled to the use of City facilities to conduct Union business at the same cost assessed to other groups. Umon S:\CA\Collective Bargaining~BA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach 40 ARTICLE 29 HOURS OF WORK AND OVERTIME Section 1. The normal hours of work for bargaining unit members not assigned to the 11.5 hour day shall be five (5) days per week at eight (8) hours per day, or four (4) days per week at ten (10) hours per day. Time and one-half shall be paid for all hours worked above forty (40) hours per week. For those members assigned to an 11.5-hour day, the normal work period is a twenty-eight day, one-hundred-seventy one hour work cycle. Time-and-one-half shall be paid for all hours actually worked above 171 hours in that cycle. For the purpose of calculating hours worked for overtime purposes, only the following categories of leave shall be treated as hours worked: A. Vacation time B. Hours actually worked C. Authorized leave for training or school. Section 2. No work schedule, days off, hours of work, etc., shall be changed primarily for the purpose of avoiding the payment of overtime. Section 3. No person shall be required to work more than sixteen (16) hours at one (1) time, except in a declared emergency. For the purposes of this section and this agreement, an emergency shall be a natural disaster, (flood, hurricane, etc.) or man-made disaster (riot, mass civil unrest, etc.) or other incident which directly threatens the health and safety of the citizens of Boynton Beach. Section 4. One Sergeant per shift per day will serve in the capajci~ty of Administrative Sergeant and Union City of~oynton Beach S:\CA\Collective BargainingXPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM 41 shall be entitled to receive 15 minutes of overtime pay for performance of tasks generic to their position such as orgamzation, shift preparation and review of subordinates work. Union S:\CA\Collective BargainingXPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach Section 1. persons assigned to each shift and division within the Department. Section 2. The City may designate the number of slots assigned 42 ARTICLE 30 SHIFt SELECTION The Chief of Police or his/her designee shall have discretion to determine the number of to each shift. Thereafter the employees shall choose slots by seniority. The Department shall have discretion to change the junior sergeant for training purposes. The fight to select shift shall not apply to probationary sergeants. Section 3. For the purposes of shift selection only, at the scheduled shift pick Acting Sergeants with six (6) months or more experience in the position of Acting Sergeant shall be considered in the pick as Junior Sergeant and shall fall in the shift pick accordingly. Union S:\CA\Coll¢ctive BargainingXPBA Sg*.s. 2002\CBA\Conn'act-Sgts 1002.doc 3:04 PM City of Boynton Beach 43 ARTICLE 31 SENIORITY .Section 1. Seniority shall be computed from the date of promotion to sergeant. If two (2) sergeants have the same date of promotion, the date of initial appointment to the service of the City as a police officer shall be the determining factor. Seniority shall accumulate during all authorized leaves. Seniority shall be the determining factor for the selection of vacations and overtime Section 2. Section 3. assignments. Section 4. The City shall have the fight to determine the number of sergeants assigned to each division and each shift. Section 5. For lay-offs and other non-disciplinary reductions in personnel, Senior Classes will displace Junior Classes. An example would be: if a police sergeant's position is to be abolished, the incumbent with the least seniority in the position of sergeant would displace a Police Detective, who would displace a Police Officer, who would displace any probationary or provisional or temporary, or be separated as the case may require. Union S :\CA\Collective BargainingXPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City ynton Beach 44 ARTICLE 32 TRANSFERS AND SHIFT CHANGES Section 1. No member shall be transferred nor have his/her shift or schedule changed, including days off, without forty-eight (48) hours notice, except in time of emergency, as elsewhere defined in this Agreement. If a member suffers a transfer or shif~ change, as defined in this Agreement, without forty- eight (48) hours notice and without the consent of the employee, all time worked on the first newly assigned shift or workday shall be at the overtime rate. Section 2. Members may request to exchange shifts, provided that the exchange is approved by the members supervisor. Such approval shall not be unreasonably withheld. The City shall not be obligated to pay overtime to accommodate the exchange. Union SSCA\Collectiv¢ BargainingXPBA Sgts. 2002\CBA\Contract-Sgtsl002.doc 3:04 PM City of Boynton Beach 45 ARTICLE 33 GROUP INSURANCE Section 1. The City shall pay the premium for a Fifty Thousand Dollar ($50,000.00) life insurance policy to all bargaining unit members at no expense to the employee. The policy shall bear a double indemnify provision for death occurring in the line of duty. This shall be in addition to any other benefits required by State or Federal law. Section 2. The City shall pay for one hundred percent (100%) of the cost of individual coverage in a group health insurance policy for members of the bargaining unit.. Section 3. The selection of a carder or carriers to provide health and dental insurance coverage is a managerial function reserved solely to the City. The City will use its best efforts to maintain health and dental coverage which is substantially equivalent to the coverage in effect on the date of ratification of this Agreement. Reductions in coverage are permissible and do not constitute a unilateral change of benefits under this Collective Bargaining Agreement, provided, in the event the total health and dental insurance benefit package is altered in a manner which increases either a bargaining unit members' annual deductible by more than five (5%) percent over the deductible current at time of ratification or an itemized co-payment by more than 25%, the union may reopen negotiations of this Article, by making written request to the City Manager. The review and selection of insurance coverage shall be made on an annual basis by the City. To that end, the City has formed an insurance committee comprised of an equal number of non-represented members who are appointed by the City Manager and two members from each of the City's bargaining units. Bargaining unit rep~~lves shall be designated by the ~ City of l~o~ton Beach Union S:\CA\Collective BargainingXPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM 46 Union. The committee shall meet annually in sufficient advance of the annual insurance benefit renewal as to have meaningful input in that process. The final decision regarding selection of coverage is reserved to the City, but the City shall strongly consider input and recommendations from the insurance committee. Un/on S:\CA\Collective Barsaining~PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach 47 ARTICLE 34 TUITION REIMBURSEMENT Section 1. The City shall provide an incentive in the form of paid tuition and books for members who choose to attend an accredited college or university. Section 2. The member shall initially pay and be reimbursed by the City upon presentation of documented completion of the course. College and/or University program must be initially approved by the City Manager. Section 3. Members attaining a grade of "A" or "B" shall be reimbursed for 100% of the cost of a course. Members attaining a grade of "C" shall be reimbursed for 50% of the cost of a course. In the event that a course is a mandatory pass/fail course, a grade of passing shall be treated as a satisfactory grade and will be reimbursed for 100% of the cost of the course. Employees shall receive no compensation for grades below a "C". Section 4. Courses must lead to a degree in the fields of law enforcement, criminal justice, public administration, or any other similar police profession discipline that may, in the opinion and with the approval of the City Manager enhance the member's performance as a law enforcement officer. Union S:\CA\Collective BargainingXPBA Sgts. 2002\CBAXContract-Sgts 1002.doc 3:04 PM City of Boynton Beach 48 ARTICLE 35 DEPARTMENTAL POLICIES~ RULES AND REGULATIONS Section 1. It is agreed and understood that the Police Department currently has policies, rules and regulations governing employment. The formulation, amendment, revision and implementation of any rule shall not be arbitrary or capricious. In the event of a conflict between thc rules and specific provisions of this Agreement, the Agreement shall control. Section 2. In the event the City wishes to amend, revise or implement any new rule, it shall give ten (10) days notice to the Union. Union S:\CA\Collective BargainingkPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach 49 ARTICLE 36 SPECIAL DETAILS Section 1. Off-duty police employment shall be defined as any police-related duty that is performed or administered by a sworn employee which is paid for by a private entity, through the City of Boynton Beach. Section 2. When City facilities are used by other agencies or persons, any desired security arrangements shall be at the option of the user. If the user and/or the City determines that certified police officers are to be required at any public event, only Boynton Beach Police Department personnel shall be used. Union S:\CA\Collective BargainingXPBA Sgts. 2002\CBA\Contract-Sgtsl002.doc 3:04 PM City of Boynton Beach 50 ARTICLE 37 GRIEVANCE AND ARBITRATION PROCEDURES Section 1. A grievance is defined as a dispute involving the interpretation or application of the Collective Bargaining Agreement. Section 2. A dispute over disciplinary action is not a grievance, but shall be referred to as an appeal of disciplinary action. The process for handling appeals of disciplinary action arc set forth in this Article. Section 3. The parties are corranitted to resolving grievances in a timely fashion. Accordingly, any grievance not submitted or advanced by the grieving party in accordance with the time limits set forth below will be considered abandoned. Any grievance not answered by the City within the time limits set forth below will automatically advance to the next step of the grievance procedure. By way of example: When a grievance is advanced to the Police Chief on January 1st, the Police Chief must respond by January 21st. If the Police Chief responds to the Grievant on January the 3rd, and the Grievant is not satisfied with the Chief's determination, the Grievant has ten (10) days fi.om January 3rd to request appointment of an arbitrator. If the Police Chief fails to respond by January 21st, the Grievant has ten (10) days fi.om January 21 st to request appointment of an arbitrator. Union S:\CA\Collective BargainingLPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City ~f Boynton Beach 51 Section 4. A grievance must be filed within ten (10) days of the first occurrence of the event which give rise to the dispute. Grievances shall be presented in the following manner: Step 1. A grievance must be filed on a form approved by the City within ten (10) calendar days as set forth in Section 4 above. The grievance must make specific reference to the Article and Section of the Agreement in dispute, set forth detailed facts explaining how the Article and Section has been misapplied by the City, and state the relief sought by the grievant. The grievance form shall be filed with the grievant's immediate supervisor. In the case of a class grievance filed by the Union, the grievance form shall be filed with the Police Chief. Step 2. The immediate supervisor shall review the grievance and make a written recommendation for disposition of the grievance to the Police Chief within five (5) days of receipt of the grievance. Step 3...The Police Chief shall review the grievance and render a written decision within twenty (20) days of the filing of the grievance with the immediate supervisor. The Police Chief may require members of the Bargaining Unit to submit to questioning as part of his review of the grievance. Ste~ 4. In the event that a grievant is not satisfied with the disposition of the grievance by the Police Chief, the grievant shall have the right to submit the grievance to the City Manager. SubmiSsion to the City Manager shall be made within ten (10) days of the date City of o~~~(on Beach Union S:\CA\Collective BargainingkPBA Sgts. 2002\CBAXContract-Sgtsl002.doc 3:04 PM 52 of the Chief's disposition or the expiration of the time period for the Chief's disposition in the event the Chief does not render a decision. Step 5. The City Manager shall review the grievance and render a written decision within twenty (20) days of the filing of the grievance with the City Manager. The City Manager may require members of the Bargaining Unit to submit to questioning as part of his review of the grievance. Step 6. In the event the employee is not satisfied of the disposition of the grievance by the City Manager, or if there is no disposition by the City Manager in a timely fashion, the grievant may request appointment of an arbitrator. The grievant's request for the appointment of an arbitrator must be made within ten (10) days of the date of the City Manager's disposition of the grievance, or the expiration of the time period for the City Manager's disposition in the event the City Manager does not render a decision. Step 7. The grievant's request shall commence with a written request the Federal Mediation and Conciliation Service to submit a list of names of five (5) arbitrators. Both parties will alternatively strike one name until an arbitrator is agreed to. Following appointment of an arbitrator, arbitration shall proceed as set forth in this Agreement. Union S:\CA\Collective BargainingXPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach 53 ARBITRATION Section 1. When an arbitrator has been selected by the parties, the City shall have ten (10) days from receipt of notice of appointment to raise arbitrability as a defense. If arbitrability is raised by the City, the issue of arbitrability shall be determined by the arbitrator no less than thirty (30) days prior to the commencement of an arbitration heating on the grievance itself. If the City raises the question of arbitrability and loses that determination, the City shall pay the cost of the arbitrator. If the City raises the question of arbitrability and the arbitrator determines that the matter is not arbitrable, the Ur2,vn Grievant shall pay for the arbitrator. This provision shall not prohibit the City from challenging the arbitrability of any grievance in an action for declaratory relief filed in the Circuit Court of Palm Beach County, Florida. In the event of a court action by the City, the grievance/arbitration proceeding shall be abated until the conclusion of the court proceeding:. Section 2. The arbitrator shall conduct the arbitration hearing no less than thirty (30) days nor more than ninety (90) days from the date of appointment. Section 3. In the event a party seeks continuance of an arbitration heating once set, the requesting party shall pay any fee charged by the arbitrator for resetting the heating. Section 4. The arbitrator's decision shall be confined to the statement of the grievance set forth in the written grievance form together with any defenses raised by the City at any step of the grievance procedure. The arbitrator shall have no authority to change, amend, add to, subtract fi.om, or otherwise alter or supplement this agreement or any part thereof in order to rees~t~e a grievance. The arbitrator may ~ ['~ City of Boy~nton Beach Union S :\CA\Collective BargaininsXPBA Sits. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM 54 not issue declaratory opinions and shall confine himself/herself exclusively to the issues presented, which must be actual and existing Section 5. The arbitrator shall render a written decision within thirty (30) days of the close of the arbitration heating or submission of post heating briefs, whichever occurs last. DISCIPLINARY APPEALS Section 1. Discipline is classified as either major or minor as follows: MAJOR: Termination Demotion Suspension without pay-more than two (2) days No employee shall be subject to major discipline without first being afforded a pre-determination conference with the City Manager or his/her designee. No pre-determination conference shall be conducted with less than ten (10) calendar days notice to the employee. MINOR Written reprimand Suspension without pay - two (2) days or less Section 2. Appeals of disciplinary action shall be handled as follows: A. Major discipline may be appealed to an arbitrator, by using the same procedure for appointment of an arbitrator as set forth in this Article. The request for appointment of an arbitrator must be made in writing within ten (10) calendar days of notice of disciplinary action. B. The arbitrator may sustain, reverse, or modify the discipline set by the City Manager. The decision of the Arbitrator is final and binding on the parti~ Union City of Boynton Beach S:\CA\Collective Bargaining\PBA Sgts. 2002\CBA\Contract-Sgt~1002.doc 3:04 PM 55 C. Written reprimands may not be appealed but the employee may submit a written response to a written reprimand provided the response is submitted within ten (10) days of the written reprimand. If a written response is submitted by the employee, it shall be attached to the written reprimand and placed in the employee's personnel file. D. Suspensions without pay of two (2) days or less may be appealed to the Human Resource Manager whose decision shall be final. An appeal shall be filed in writing within ten (10) days of notice of the suspension without pay. The Human Resource Manager shall conduct an investigation of the discipline and render a decision within twenty (20) days of the appeal. The Human Resource Manager's decision may be to either sustain, reverse, or modify the discipline. In no event shall the Human Resource Manager's decision increase the discipline to more than a suspension without pay of three days. The Human Resource Manager make conduct interviews with the grievant, departmental staff, or members of the bargaining trait as part of his/her investigation of the discipline. Union S:\CA\Collective Bargaining~PBA Sgt$. 2002\CBA\Contract-Sgt$1002.doc 3:04 PM City of~oynton Beach ARTICLE 38 PAST PRACTICES All employment practices listed below shall remain in effect: B. C. D. E. F. G. H. I. J. Lockers. Locker room shower, gym. Shoes every six (6) months. Provide weapons, equipment, gear appropriate to assignment. Bullet proof vests. Jackets, raincoat, boots. Desk space, office supplies. Approved and required travel expenses. Use of City vehicles for court when available. Three (3) complete uniforms per year, as needed. 56 Union S:\CA\Collective BargainingkPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach 57 ARTICLE 39 ENTIRE AGREEMENT The parties agree that this Agreement constitutes the full and complete understanding of the parties. This Agreement cannot be changed or altered unless it is by mutual consent by both parties, in writing. Umon S:\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgtsl002.doc 3:04 PM City of Boynton Beach 58 ARTICLE 40 PERSONAL VEHICLES Section 1. When an employee is required to use his/her personal vehicle in the performance of police duties, said employee shall be reimbursed a mileage rate as established by City resolution, excluding mileage traveled to and from the normal work location. Section 2. For the purpose of this Article, the performance of police duties shall include attendance at court, depositions, administrative heatings, conferences with City officials, schools and seminars. Section 3. When a bargaining unit member is permitted to take a City assigned vehicle home, use shall be limited to coming and going from home to work and no deviations for non-essential (i.e. not related to work) personal errands. Union S:\CA\Collective Bargaining~PBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:0o, PM City of B~~c~n Beach ARTICLE 41 QUALIFICATIONS FOR A BARGAINING UNIT POSITION 59 Eligibility for hiring or promotion to position in the bargaining unit shall be as follows: A. Three (3) years of experience as a law enforcement officer with the City of Boynton Beach, United States military police, any law enforcement agency, or any combination thereof. B. Must possess on effective date of hire and thereafter maintain FDLE certification. C. Must possess on effective date of hire and thereat~er maintain a Florida drivers license. Un_ion S:\CA\Collective BargainingLPBA Sgts. 2002\CBA\Contract-Sgtsl002.doc 3:04 PM City of Boynton Beach 60 ARTICLE 42 TEMPORARY ASSIGNMENT Section 1. Sergeants acting in the capacity of Watch Commander shall be paid five percent (5%) above the sergeant's regular rate of pay. Section 2. The provisions of this Article shall not apply to persons performing other than regular road patrol duties, including details. Umon ' S :\CA\Collective Bargaining~PBA Sgts. 2002\CBA\ConU~act-Sgts 1002.doc 3:04 PM City of Boynton Beach ARTICLE 43 SAVINGS CLAUSE Section 1. If any Article or section of this Agreement should be determined by a court of competent jurisdiction to be in conflict with any existing or subsequently enacted legislation or judicial decision, all other Articles and sections of this Agreement shall remain in full force and effect with it being presumed to be the intent of the parties that the invalid language be stricken. Section 2. In the event of such a determination, the parties shall meet within thirty (30) days for the purpose of negotiating a substitute provision. Section 3. All new hires, promotions and appointments will have a one (1) year probationary term. Union S :\CA\Collective BargainingLPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City ~f Boynton Beach 62 ARTICLE 44 CHEMICAL TESTING Section 1. The City agrees to use State Certified Laboratories for all drug testing. Drug and alcohol testing may be conducted on either a reasonable suspicion basis or at random. Standards for testing and retesting shall be as set forth in Florida Administrative Code, Florida Statutes and the Drug Free Workplace policy adopted by the City of Boynton Beach. Union S:\CA\Collective BargainingLPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM City of Boynton Beach 63 ARTICLE 45 DURATION OF AGREEMENT Section 1. This agreement shall be effective on October 1, 2002, and shall continue in full force and effect up through and including September 30, 2004. Agreed to this day of , 2002~ by and between the respective parties through the authorized representatives of the Union and the City. /~qitpes~,f f' .--, ~ PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION Ernest W. George, CITY OF BOYNTON BEACH Witness BY: Mayor Witness ATTEST: City Clerk APPROVED AS TO FORM: City' Attorney Ratified By City Commission Union s :\CA\Collective BargainingLPBA Sgts. 2002\CBA\Contract-Sgts 1002.doc 3:04 PM Ratified by Union Cit~ of~o~tnton Beach Date Date 64 Union S:\CA\Collective BargaininghOBA Sgts. 2002\CBA\Contract-Sgtsl002.doc 3:04 PM City of Boynton Beach Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VII.-CONSENT AGENDA ITEM C.8 CITY OF BOYNTON BEA( 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 (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 a project agreement with the Florida Inland Navigation District (F. LND.) for the reimbursement of funds allocated for the Boat Club Park Navigation Channel dredging project. EXPLANATION: Over the last 2 years the Oty of Boynton Beach, Palm Beach County Department of Environmental Resources Management and the Florida Inland Navigation District (F.I.N.D.) have been involved in a maintenance dredging project for the navigation channel that runs from Boat Club Park to the Boynton Beach Inlet. Initial costs for the project were paid for through a previous grant from F.I.N.D. 45% of the unforeseen costs associated with the disposal of unsuitable dredge material will be reimbursed through this project agreement. PROGRAM IMPACT: Boaters using the ramps at Boat Club Park now have a clear lane through to the Atlantic Ocean. FISCAL IMPACT: Total cost for this project is estimated to be $65,000. F. LN.D. already has an agreement with the City fcl'reimbursement of approximately $22,500 towards the initial costs. This agreement will allow the City to be reimbursed an additional $18,000. This will bring F. LN.D. 's portion of this project to $40,500. The City's portion of the cost will be approximately $25,000 ($22, 500 as part of this agreement). Funds are available for City's in account #302-4108-580-63-05. ALTERNATIVES: Do not approve the agreement and the City of Boynton Beach pays the total proj~ct costs. J Department Head's Signature / t · City Manager's Signature Parks Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC : .:_ . .. RESOLUTION NO. R02 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A PROJECT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FLORDA INLAND NAVIGATION DISTRICT (FIND), PROVDING FOR THE REIMBURSEMENT OF FUNDS ALLOCATED FOR THE BOAT CLUB PARK NAVIGATION CHANNEL DREDGING PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, for the past 2 years, the City and Palm Beach County Department of Environmental Resources Management and the Florida Inland Navigation District have been involved in a maintenance dredging project for the navigation channel that runs from Boat Club Park to the Boynton Beach Inlet; and WHEREAS, the City of Boynton Beach has previously been awarded a grant of $22,500, from FIND, which grant funds will be utilized to reimburse the County for our share of the project, and this Agreement will allow the City to be reimbursed an additional $18,000 for this project, which will bring the F.I.N.D.'s portion of this project to $40,500; 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 hereby authorizes and directs the Mayor and City Clerk to execute a Project Agreement between the City of Boynton Beach and the Florida Inland Navigation District for Boat Club Park Navigation Channel Dredging, a copy of which is attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of November, 2002. ;:\CA\RESO~greements\Grants\FIND Grant Agr102202.doc CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ,T: Commissioner City Clerk k\CA\RESO~Agreements\Grants\FIND Grant Agr102202.doc FLORIDA INLAND NAVIGATION DISTRICT October 01, 2002 COMMISSIONERS CATHLEEN C. VOGEL CHAIR MIAMI-DADE COUNTY CHARLES R. FAULKNER VICE-CHAIR FLAGLER COUNTY GRAYCE K. BARCK TREASURER VOLUSIA COUNTY GAlL Ac BYRD SECRETARY MARTIN COUNTY TED B. MOORHEAD BREVARD COUNTY THOMAS P, JONES, JR. DUVAL COUNTY SUSAN M. ENGLE BROWARDCOUNTY KENNETH F. HOFFMAN INDIANRIVERCOUNTY CHARLES A. PADERA ST. JOHNSCOUNTY DON G. DONALDSON ST. LUClE COUNTY JOHN D. BOOTH PALM BEACH COUNTY Mr John Wildner Director Parks Dept. City of Boynton Beach P.O. Box 310 Bonyton Beach, FL 33425-0310 RE: Boat Club Park Navigation Channel Dredging Project # PB-BB-02-97 Dear Mr. Wildner: Enclosed, for your signature, are two original project agreements for your approved Waterways Assistance Program project for fiscal year 2002-2003. Once they have been executed, please return both originals to me for execution by the District. When rel3jrning the agreements, also include an executed Exhibit C, Matchinq Funds Form. ! will return one fully executed original agreement to you for your files. Should you have any questions please contact me. DAVID K. ROACH EXECUTIVE DIRECTOR MARK T, CROSLEY ASSISTANT EXECUTIVE DIRECTOR Mark Cros~ Assistant Executive Director ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY 1314 MARCINSKI ROAD, JUPITER, FLORIDA33477-9498 TELEPHONE 561-627-3386 FAX No. 561-624-6480 www.aicw org FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. PB-BB-02-97 This PROJECT AGREEMENT made and entered into this day of , 200_ by and between the Florida Inland Navigation District (hereinafter the "DISTRICT"), and the Ci_ty of Boynton Beach, (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. PROJECT - Subject to the provisions of this Agreement and Rule 66B-2 of the Florida Administrative Code (Exhibit "A"), the DISTRICT has determined to provide assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of the Boat Club Park Navigation Channel Dredging. Said project is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application, which is on file at DISTRICT headquarters. Any modifications to the PROJECT shall require advance notice to and the prior written approval of the DISTRICT. 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit ali required payment reimbursement information on or before September 1, 2004, unless the PROJECT period has been extended with the prior written approval of the DISTRICT. In no event, however, shall the PROJECT period extend beyond three (3) years from October 1, 2002. The PROJECT SPONSOR acknowledges there are no provisions to carry over the DISTRICT assistance funding under this Agreement beyond September 30, 2005, and that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. Any request for extension of funding beyond the date set forth in the preceding paragraph shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July 1, 2004. This request will then be considered by the DISTRICT Board, whose decision shall be final. 3. ASSISTANCE AMOUNT - The DISTRICT shall contribute no more than Fifty percent (45%) of the PROJECT SPONSOR'S out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement basis only, and only for those authorized PROJECT COSTS as shown in Exhibit B and meeting the requirements of Paragraph 5 below and shall not, in any event, exceed $18,000.00. 4. MATCHING FUNDS - The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE AMOUNT) available for the comPletion of the PROJECT and shall, prior to the execution of this Agreement, have provided the DISTRICT with suitable evidence of the availability of such funds using DISTRICT Form #95-01 (Exhibit C), and including upon request, providing the DISTRICT with access to applicable books and records, financial statements, and bank statements. 5. PROJECT COSTS - To be eligible for reimbursement under the Project Agreement, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally described in Exhibit B. PROJECT COSTS must be incurred and work performed within the PROJECT period, with the exception of pre- agreement costs, if any specifically identified in Paragraph 6 below, which are also eligible for reimbursement by the DISTRICT. and in accordance with administration, inspection, surveying costs. 6. PRE-AGREEMENT COSTS - The DISTRICT and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for any obligation or expenditure made prior to the execution of this Project Agreement, except for construction expenses up to $18,000 (FIND costs). 7. REIMBURSEMENT PROCEDURES PROJECT COSTS shall be reported to the DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-14) attached as Exhibit D. Supporting documentation including bills and canceled payment vouchers for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON AGENT with any payment request. All records in support of the PROJECT COSTS included in payment requests shall be subject to review and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR. Project funds may be released in installments, at the discretion of the DISTRICT, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT shall retain ten percent (10%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit B shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT Exhibit A: personnel, equipment, project management, and design, permitting, planning, engineering, and/or The DISTRICT shall have the right to withhold any payment hereunder, either in whole or part, for non-compliance with the terms of this Agreement. 8. FINAL REIMBURSEMENT The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the PROJECT AMOUNT less any prior installment payments. The Payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-13 (Exhibit E), and (4) submission of a Photograph of the PROJECT showing the sign required by Paragraph 17. Unless otherwise determined by the DISTRICT, the final reimbursement check shall be presented by a DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or public dedication ceremony for the PROJECT facility. 9. RECORDS RETENTION The PROJECT SPONSOR shall retain all records supporting the PROJECT COSTS for three (3) years after the end of the fiscal year in which the Final Payment is released by the DISTRICT, except that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the three- year retention period. 10. NONCOMPLIANCE - The DISTRICT shall have the right to reimbursement, either in whole or part as it may determine, of the funds provided hereunder for noncompliance by the PROJECT SPONSOR with any of the terms of this Project Agreement. Upon notification from the DISTRICT, the PROJECT SPONSOR shall reimburse such funds directly to the DISTRICT. The provisions of this paragraph shall survive completion of the PROJECT. 11. DISTRICT PROJECT MANAGER The Executive Director, or his designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this Project Agreement and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 12. SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of the Project Agreement, to act on behalf of the PROJECT SPONSOR relative to the provisions of the Project Agreement. 13. STATUS REPORTS - The PROJECT SPONSOR'S LIAISON AGENT shall submit to the DISTRICT project status reports during the PROJECT term. These Quarterly Reports are to be on Form #95-02 (Exhibit F). Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this Agreement. 14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal, state and local permits and all applicable laws and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and constructed in compliance with state and federal statutory requirements for accessibility by handicapped persons as well as all other federal, state and local laws, rules and requirements. 15. NON-DISCRIMINATION - The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. When such is required, adequate parking shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT is being developed. 16. SITE DEDICATION The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use for a minimum period of twenty-five (25) years after completion of the PROJECT, such dedication to be in the form of a deed, lease, management agreement or other legally binding document. Any change in such dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records of the County in which the PROJECT is located. 17. ACKNOWLEDGMENT - The PROJECT SPONSOR shall erect a permanent sign, approved by the DISTRICT, in a prominent location at the completed project which shall indicate that the DISTRICT contributed funds for the PROJECT. The wording of the sign required by this paragraph shall be approved by the DISTRICT's staff before construction and installation of said sign. This sign shall contain the DISTRICT logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's participation. 18. PROJECT MAINTENANCE - When and where applicable, the PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements and will pay all expenses required for such purposes. The PROJECT improvements shall be maintained in accordance with the standards of maintenance for other local facilities and in accordance with applicable health standards. PROJECT facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents that it has full legal authority and financial ability to operate and maintain said PROJECT facilities and improvements. 19. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its employees, commissioners and agents are solely providing funding assistance for the PROJECT and are not involved in the design, construction, operation or maintenance of the PROJECT. 20. INSPECTIONS The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 6 21. RIGHTS AND DUTIES - The rights and duties arising under this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and shall, unless the context clearly requires otherwise, survive completion of the PROJECT. The PROJECT SPONSOR may not assign this Agreement nor any interest hereunder without the express prior written consent of the DISTRICT. 22. WAIVERS - Waiver of a breach of any provision of this Agreement shall not be deemed a waiver of any other breach of the same or different provision. 23. NOTICE - Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing, postage paid, and shall be sent by certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt. To the DISTRICT at: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477-9498 To PROJECT SPONSOR at: City of Boynton Beach Attention: Director - Parks Dept. P.O. Box 310 Bonyton Beach, FL 33425-0310 24. NO JOINT VENTURE - The DISTRICT's role with respect to the PROJECT is that of a funding assistance authority only and the DISTRICT is not, and shall not be considered to be, an agent, partner, or joint venturer with the PROJECT SPONSOR. 7 25. GOVERNING LAW - The validity, interpretation and performance of this Agreement shall be controlled and construed according to the laws of the State of Florida. 26. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT SPONSOR transfers ownership or management of the PROJECT to a party or parties not now a part of this document, other than another governmental entity that agrees to assume, in writing, PROJECTS SPONSOR'S obligation hereunder, the DISTRICT retains the right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding assistance provided by the DISTRICT, including but not limited to any costs and reasonable attorney's fees (regardless of whether litigation ensues) incurred by the DISTRICT in collecting said reimbursement. 27. ENTIRE UNDERSTANDING - This Agreement, including any exhibits made a part hereof, embodies the entire Agreement and understanding of the parties and supersedes all prior oral and written communications between them. The terms hereof may be modified only by a written amendment signed by both parties hereto. 28. LITIGATION COSTS/VENUE - In the event that the DISTRICT or the PROJECT SPONSOR institutes any action or suit to enforce the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and attorney's fees at the trial, appellate and post-judgment levels. The venue of any such litigation shall be had only in Palm Beach County, Florida. [This space intentionally left blank] IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day, month and year aforesaid. WITNESSES: DISTRICT FLORIDA INLAND By: NAVIGATION CHAIR DATE: WITNESSES: PROJECT SPONSOR By: Title: DATE: 9 EXHIBIT A CHAPTER 66B-2 66B-2.001 66B-2.002 66B-2.003 66B-2.004 66B-2.005 66B-2.006 66B-2.0061 6613-2.007 66B-2.008 66B-2.009 66B-2.010 6613-2.011 66B-2.012 6613-2.013 66B-2.014 WATERWAYS ASSISTANCE PROGRAM Purpose. Forms. Definitions. Policy. Funds Allocation. Application Process. Emergency Applications. Application Form. (Repealed) Project Eligibility. Project Administration. Project Agreement. (Repealed) Reimbursement. Accountability. Acknowledgement. Small-Scale Spoil Island Restoration & Enhancement Projects. (2002) 66B-2.001 -- Purpose. Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created s. 374.976, Florida Statutes. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this rule is to set forth the District's policy and procedures for the implementation of an assistance program under s. 374.976, F.S., for local governments, member counties and navigation related districts within the District. This program will be knox~en hereafter as the Florida Inland Navigation District's Waterways Assistance Program. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -- New 12-17-90, Formerly 16T-2.001. EXHIBIT A 66B-2.002 m Forms. All forms for the administration of this program are available from the District office. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -- New 12-17-90, Formerly 16T-2.002. 66B-2.003 m Definitions. The basic terms utilized in this rule are defined as follows: (1) "APPLICANT" means an eligible governmental agency submitting an application through this program. (2) "APPLICATION" means documentation. a project proposal with the required (3) "AUTHORIZED SUBMISSION PERIOD" means the established period for submitting applications to the District. (4) "BEACH RENOURISHMENT" means the placement of sand on a beach for the nourishment, renourishment or restoration of a beach. (5) "BOARD" means the Board of Commissioners of the Florida Inland Navigation District. (6) "DISTRICT" means the Florida Inland Navigation District (FIND). (7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local governments and navigation related districts within the taxing boundaries of the District. (8) "ENVIRONMENTAL PERMITS" means those permits, exemptions, or general permits for construction below mean high water line of a navigable waterway required and issued by or on behalf of the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida or the St. Johns River Water Management Districts or their successors. EXHIBIT A (9) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation District. (10) "LIAISON AGENT" means the contact person officially designated to act on behalf of the applicant or the project sponsor. (11) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments, which are located within the member counties. (12) "MATCHING FUNDS" means those funds provided by the local sponsor to the project. (13) "MEMBER COUNTY" means a county located within the taxing boundaries of the District, which includes Duval, St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward and Dade Counties. (14) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency having legally authorized navigation related duties in waterways of the District. (15) "PRE-AGREEMENT COSTS" means project costs approved by the District Board that have occurred prior to the execution of the project agreement. (16) "PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program. (17) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement. (18) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (19) "PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project. EXH~IT A (20) "PROJECT MANAGER" means the District employee who is responsible for monitoring the performance of the Project and compliance with the project agreement. (21) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged to the funded project. (22) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds pursuant to an approved application. (23) "PUBLIC MARINA" means a harbor complex used primarily for recreational boat mooring or storage, the services of which are open to the general public on a first come, first served basis without any qualifying requirements such as club membership, stock ownership, or differential in price. (24) "TRIM HEARING" means a public hearing required by Chapter 200, F.S., concerning the tax and budget of the District. (25) "WATERWAYS" means the Atlantic Intracoastal Waterway, all navigable rivers, bays, creeks or lagoons intersected by said waterway and all navigable natural creeks, rivers, bays or lagoons entering or extending from said waterway. (26) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an interdisciplinary holistic process by which the learner: develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the environment of the waterways works; acquires knowledge about the technological, social, cultural, political, and economic relationships occurring in waterway related environmental issues; and, becomes motivated to apply action strategies to maintain balance between quality of life and quality of the environment of waterways. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. lJlistory -- New 12-17-90, Amended 9-2-92, 2-6-97, Formerly 16T-2.003, Amended 5-17-98, 3-21-0I. EXHIBIT A 66B-2.004 -- Policy. The following constitutes administration of the program: (1) Financial Assistance cooperation may be provided to projects as follows: the policy of the District regarding the Eligibility: Financial assistance, support and eligible governmental agencies for approved (a) Member counties may be provided financial assistance, support or cooperation in planning, acquisition, development, construction, reconstruction, extension, improvement, operation or the maintenance of public navigation, public recreation, inlet management, environmental education, law enforcement and boating safety projects directly related to the waterways. Member counties may also be provided financial assistance, support, and cooperation in planning and carrying out beach renourishment and inlet management projects. (b) Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out public navigation, public recreation, inlet management, environmental education, law enforcement and boating safety projects directly related to the waterways. Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out beach renourishment and inlet management projects. (c) Navigation related districts may be provided with financial assistance to pay part of the costs of the planning and acquisition of dredge material management sites if the Board finds that the site is required for the long-range maintenance of the Atlantic Intracoastal Waterway channel. All such sites must meet the development and operational criteria established by the District through a long-range dredge material management plan for that county. Navigation related districts may also be provided with assistance for environmental mitigation projects associated with waterway improvement related activities and inlet management projects if the Board finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall EXHIBIT A contribute at least equal matching funds to any District financial assistance provided. Seaports may also be furnished assistance and support in planning and carrying out environmental mitigation projects. All seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching funds for funded projects. (2) Notification: The District will notify by direct mail and/or advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. Funding allocations to navigation related districts, member counties and local governments shall be based upon the proportional share of the District's ad valorem tax collections from each county. (3) Project Approval: Approval of projects by the District shall be in accordance with these rules. (4) Project Accessibility: Facilities or programs funded in whole or in part by program funds shall be made available to the general public of all of the member counties on a non-exclusive basis without regard to race, color, religion, age, sex or similar condition. Additionally, facilities funded in whole or in part by program funds, shall not require a paid membership for the general public of all of the member counties as a condition to use the facilities. User or entrance fees may be charged for the use of facilities funded in whole or in part by program funds, however such fees shall be reasonable and shall be the same for the general public of all of the member counties. (5) Waterway Impacts: All development projects must be designed so as not to impact navigation along the District's waterways through the placement of structures, attendant uses, or the necessity of a boating speed zone for safety purposes. Before applying for boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive approval from the Board. The Board will use the criteria found in s. 327.46(1), F.S., in determining whether to approve the proposed boating speed zone. EXHIBIT A (6) Project Maintenance: The project sponsor shall be responsible for the operation, maintenance, and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes. The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable health standards. Project facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities. (7) Public Information Availability: Public information produced with assistance from this program shall not be copyrighted and shall be provided free of cost, except for the cost of reproduction, to the public. (8) Third-Party Agreements: Projects that are being developed and operated by a third party which is a not-for-profit agency shall have sufficient oversight by the eligible project sponsor as determined by the Board. Such oversight, at a minimum, will include a project liaison that is a staff member of the eligible project sponsor, oversight of the operating hours and admission fees of the facility by the eligible project sponsor through a legal agreement, and submission of the third party's most recent audited financial statement. All third party projects shall be open to the public in accordance with this rule. (9) Non-compliance: The District shall terminate a project agreement and demand return of program funds disbursed to the project sponsor for non- compliance with any of the terms of the project agreement or this rule, if such non- compliance calls into question the ability of the applicant to complete the project. Failure of a project sponsor to comply with the provisions of this rule or the project agreement shall result in the District declaring the project sponsor ineligible for further participation in the program until such time as compliance has been met to the satisfaction of the District. EXHIBIT A Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (2) FS. History -- New 12-17-90, Amended2-3-94, 2-6-97, Formerly 16T-2.004, Amended 5-18-98, 3-31-99, 5-25-00, 3-21-01, 7-30-02. 66B-2.005 m Funds Allocation. The Board will allocate funding for this program based upon the District's overall goals, management policies, fiscal responsibilities and operational needs for the upcoming year. If funds are determined to be available for the program, the District will notify potential eligible governmental agencies of the availability of program funding. Applications will be reviewed by the Board utilizing District Forms No. 91-25 and 91-25 (a thru e) Waterways Assistance Program Application Evaluation and Rating Form (effective date 03-21-01); and 93-25 and 93-25 (a and b) Waterways Assistance Program Navigation Districts Application Evaluation and Rating Form, (effective date 03-21-01), hereby incorporated by reference and available from the District office. (1) Funding Assistance Availability: In as much as the District has other fiscal responsibilities and operational needs, financial assistance to eligible government agencies shall not exceed an amount equal to eighty (80) per cent of the proportional share of the District's ad valorem tax collections from each county in which such agencies are located. The District may make an exception to this funding limitation, if funds are determined to be available based upon the District's overall goals, management policies, fiscal responsibilities and operational needs, in counties that are recovering from a state of emergency declared under Chapter 252, Florida Statutes. (2) Project Funding Ratio: All financial assistance and support to eligible governmental agencies shall require, at minimum, equal matching funds from the project sponsor with the exception of public navigation projects that meet the provisions of s.66B-2.005(7) and small-scale spoil island restoration and enhancement projects that meet the provisions of s.66B-2.013. Applicant's in- house costs are limited pursuant to s. 66B-2.008(1)(c). All financial assistance to seaports shall require equal matching funds. The District shall contribute no more EXHIBIT A than fifty percent (50%) of the local share of the cost of an inlet management or beach renourishment project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project (3) Pre-agreement Expenses: The project sponsor shall not commence work on an approved project element prior to the execution of the project agreement unless authorized by the Board during the review and funding approval process. Board authorization of pre-agreement expenses will be given for the commencement of work prior to the execution of a project agreement if the Board determines that there is a benefit to the District, its waterways or its constituents. All project costs must be incurred and work performed within the project period as stipulated in the project agreement unless pre-agreement costs are approved by the Board. Pre-agreement expenses will be approved if they are consistent with the provisions of rule 66B-1.008 and occur within the fiscal year of the grant application submission (October 1st to September 30th). Pre-agreement expenses, except for projects approved by the Board as multi-year projects, will be limited to fifty (50) percent of the project's total cost and if the expenses are eligible project expenses in accordance with this rule. Only one-half (1/2) or less of the approved pre-agreement expenses will be eligible for reimbursement funding from the District, except for projects approved by the Board as multi-year projects. (4) Multi-Year Funding: The construction phase of projects that are large scale, involve multiple phases, have a construction time line of one year or longer, or are requesting a significant amount of assistance funding in relation to the total assistance available for the county where the project is located, will be reviewed and approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. The determination by the Board to provide assistance funding on a multi-year basis can be made at any time during the application review process. (5) Seaport Funding Eligibility: Financial assistance to seaports may exceed the proportional share of the District's ad valorem tax collections as set EXHIBIT A forth in s. 66B-2.005(1) from the county in which such seaport is located if the seaport can demonstrate that a regional benefit occurs from the port's activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional share of the District's ad valorem tax collections as set forth in s. 66B-2.005(1) from the counties where the benefit is demonstrated less (ii) funding allocated in the same fiscal year to all other local government projects funded in those counties. (6) Inlet Management and Beach Renourishment: Projects and project elements in the categories of inlet management and beach renourishment shall be subject to the following provisions. The District shall contribute no more than fifty per cent of the local share of the cost of the project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. Funding for the construction phase of an inlet management or beach renourishment project may be approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. Additionally the following provisions shall be met for inlet management or beach renourishment projects: (a) Inlet Management: Inlet management projects shall benefit public navigation within the District and shall be consistent with Department of Environmental Protection approved inlet management plans and the statewide beach management plan pursuant to s. 161.161, F.S. Inlet management projects that are determined to be consistent with Department of Environmental Protection approved inlet management plans are declared to be a benefit to public navigation. (b) Beach Renourishment All projects in this category shall be consistent with the statewide beach management plan. Beach renourishment projects shall only include those beaches that have been adversely impacted by navigation 10 EXHIBIT A inlets, navigation structures, navigation dredging, or a navigation project. The determination of beach areas that are adversely impacted by navigation for the purposes of this program shall be made by Department of Environmental Protection approved inlet management plans. If state funding is not provided for a beach project, public access with adequate parking must be available in accordance with s. 161, F.S. (7) Public Navigation: Projects or project elements in the category of public navigation that will qualify for up to ninety (90%) per cent program funds include: (a) Navigation channel dredging where the project sponsor demonstrates that the source of channel sedimentation has been identified and is in the process of or has been controlled, or that the frequency and amount of shoaling is such that dredging will provide an improvement to the channel that will last for twenty (20) years or more and therefore is more cost effective than identifying and correcting the cause of shoaling, or that the cost of identifying the source of channel sedimentation exceeds the cost of the dredging project,. (b) Navigation channel lighting and markers. Other public navigation projects or project elements will only qualify for up to fifty percent (50%) program funding. Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (3) FS. History -- New 12-17-90, Amended 6-24-93, 9-5-96, 2-6-97, Formerly 16T-2.005, Amended 5-17-98, 8-26-99, 3-21-01, 7-30-02 66B-2.006 -- Application Process. (1) Application Period: Applications for assistance through this program will be submitted during the authorized submission period that shall be established by vote of the Board at a scheduled meeting. (2) Application Forms: Florida Inland Navigation District Waterways Assistance Program Application Form Number FIND 90-22 (effective date 7-30- 11 EXHIBIT A 02) and 93-22 (effective date 7-30-02) are hereby incorporated by reference and available from the District office. With the exception of Small-Scale Spoil Island Restoration and Enhancement projects, all applications for financial assistance and support through this program from member counties and local governments shall be made on Form Number FIND 90-22. All applications for financial assistance and support through this program from navigation related districts shall be made on Form Number FIND 93-22. (3) Sponsor Resolution: The project sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Resolution Form No. 90-21 (effective date 10-14-92) hereby incorporated by reference and available from the District office. (4) Attorney's Certification: If the application is for a project that is a land based development project, the applicant shall submit an Attorney's Certification of Title, FIND Form Number 94-26 (effective date 5-25-00), hereby incorporated by reference and available from the District office. (5) Application Review: Applications will be reviewed by the local FIND Commissioner before being submitted to the District Office. Upon receipt in the District office, staff will review the applications for completeness of the informational requirements identified in the Application Checklist, FIND Form Number 90-26 (effective date 7-30-02) and for compliance with the eligibility requirements of this rule. When an application is determined by staff to be incomplete or ineligible, staff will immediately inform the applicant by mail. The applicant will then have until the date established by the Board in the application package to bring the application into compliance. If the applicant fails to provide a complete application in compliance with these rules, the application will not be considered for funding. (6) Inteflocal Agreements: Applications that the Board determines will directly benefit the maintenance of the Atlantic Intracoastal Waterway channel as documented by the District's long range dredged material management plans, will 12 EXHIBIT A directly benefit the maintenance of the Okeechobee Waterway channel in Martin County as documented by the District's long range dredged material management plan, will directly benefit the maintenance or improvement of District property, or have multiple funding partners including the Corps of Engineers as the project manager can qualify for project assistance through an interlocal agreement pursuant to s.163, FS. or s. 374.984(6)(a), FS. District staff will identify these applications and present them to the Board for their determination as to funding. Interlocal agreement projects shall comply with all other provisions of this rule, except for pre-agreement expenses, permitting and property control requirements. (7) Application Presentations: Applications determined to be complete and in compliance with this rule will be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. Applicants can decline to make a presentation to the Board by submitting a written request. (8) Application Evaluation and Rating Score: Following the presentations, the Board will review the applications and evaluate them using the Project Evaluation and Rating Forms No. 91-25 (effective date 3-21-01), and No. 91-25(a thru e) for Waterways Assistance Program applications, and 93-25 and 93-25(a & b) for Navigation Related District applications, hereby incorporated by reference and available from the District office. The total points awarded to each application by the Commissioners will be averaged to determine an applications final rating score. The final rating score for each application must equal or exceed 35 points for the application to be considered for funding assistance. Reconsideration of any application with a final rating score of less than 35 points will only occur if the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 points and two-thirds of the Commissioners vote for reconsideration of the application. (9) Funding Determination: The Board will hold a funding allocation meeting at which time the Board will determine the allocation of funds, if any, to 13 EXHIBIT A each project. Allocations will be based in part upon the cumulative score of the applications as calculated from the Project Evaluation and Rating Form. Allocations will also be based upon the specific needs of the individual counties. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -- New 12-17-90, Amended 9-2-92. 6-24-93, 4-12-95, Formerly 16T-2.006, Amended 5-25-00, 3-21-01, 7-30-02. 66B-2.0061 -- Emergency Applications. Emergency applications may be submitted to the District and considered by the Board at any time during the year to provide assistance to an eligible applicant for the removal of navigation obstructions and repair or replacement of waterway facilities damaged by a declared natural disaster. The District shall consider these applications in accordance with these rules. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -- New 6-24-93, Amended 2- 6-97, Formerly 16T-2.0061. 66B-2.007 -- Application Form. (Repealed) Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -- New 12-17-90, Amended 6-24-93, 2-3-94, 4-12-95, Formerly 16T-2.007, Repealed 7-30-02. 66B-2.008 - Project Eligibility. (1) Eligible Projects: Financial assistance and support through this program shall be used to plan or carry out public navigation, public recreation, environmental education, boating safety, spoil site acquisition directly related to the waterways, inlet management, environmental mitigation and beach renourishment. (a) Program funds may be used for projects such as acquisition, planning, development, construction, reconstruction, extension, improvement, operation or maintenance of the following types of projects for public use on land and water. These project types will be arranged into a priority list each year by vote of the Board. The priority list will be distributed to applicants with the project application. 14 EXHIBIT A 1. Public navigation channel dredging; 2. Public navigation aids and markers; 3. Inlet management projects that are a benefit to public navigation in the District; 4. Public shoreline stabilization; 5. Public spoil disposal site development; 6. Waterway signs and buoys for safety, regulation or information; 7. Public boat ramps and launching facilities and land acquisition for additional trailer parking at an existing boat ramp; 8. Public boat docking and mooring facilities; 9. Derelict Vessel Removal; 10. Waterways related environmental education programs and facilities; 11. Public fishing and viewing piers; 12. Public waterfront boardwalks; 13. Waterways boating safety programs and equipment; 14. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project; and 15. (b) Ineligible Projects program funding or matching reoccurring personnel related Other waterway related projects. or Project Elements: Project costs ineligible for funds will include: contingencies, miscellaneous, costs, land acquisition that is not for additional trailer parking at an existing boat ramp and any extraneous recreational amenities not directly related to the waterway such as the following: 1. Landscaping; 2. Park and playground equipment; 3. Restrooms for non-waterway users; 4. Tennis courts; 15 EXHIBIT A 5. Roadways providing access to non-waterway users; 6. Parking areas for non-waterway users; 7. Utilities for non-waterway related facilities; 8. Lighting for non-waterway related facilities; 9. Irrigation equipment; 10. Maintenance equipment; 11. Picnic shelters and furniture; 12. Vehicles to transport vessels; 13. Operational items such as fuel, oil, etc. (c) Project Elements with Eligibility Limits: Subject to approval by the Board of an itemized expense list: 1. The following project costs will be eligible for program funding or as matching funding: a. Project management, administration and inspection; b. Design, permitting, planning, engineering or surveying costs for completed construction project; c. Restoration of sites disturbed during the construction of an approved project; d. Equipment costs. 2. The following project costs, with the exception of those projects requesting Small-Scale Spoil Island Restoration and Enhancement funding, will be eligible only as matching costs and cannot exceed fifteen (15) percent of the applicants match: a. Applicant's non-recurring personnel costs; b. Applicant's equipment costs; c. Applicant's in-house project management administration, and inspection costs; 16 EXHIBIT A d. Applicant's in-house design, permitting, planning, engineering or surveying costs for completed construction project; e. Applicant's other in-kind services. Before reimbursement is made by the District on any of the costs listed in subsection 1. or 2. above, a construction contract for the project approved and executed by the project sponsor and project contractor must be submitted to the District. (d) Phase I Projects: Applications for eligible waterway projects that include construction elements below mean high water will be submitted as a phased project where Phase I will include the design, engineering and permitting elements and Phase II will include the construction of the project. A description and cost estimate of the Phase II work will be submitted along with the Phase I application for Board review. Applicants for Phase II funding will demonstrate that the environmental permitting element of Phase I will be completed by the District's final TRIM hearing. This demonstration will be by the submission of the required environmental permit(s) or by the submission of a letter from the agency stating that a permit is not required. Should the environmental permitting element of Phase I of an application for a construction project not be completed by the District's final TRIM hearing, the Phase II project will not be considered for funding. The District will not deviate from the funding schedule, whereby funding decisions are completed at the final TRIM hearing, to accommodate any application deficiency. (2) Property Control: The site of a new proposed land-based development project, with the exception of those projects requesting Small-Scale Spoil Island Restoration and Enhancement funding, shall be dedicated for the public use for which the project was intended for a minimum period of 25 years after project completion. Such dedication shall be in the form of a deed, lease, management agreement or other legally binding document and shall be recorded in the public 17 EXHIBIT A property records of the county in which the property is located. This property control requirement also applies to a project site owned by another governmental entity. The governmental entity that owns the project site may be joined as a co- applicant to meet this property control requirement. Existing land based development projects that are being repaired, replaced or modified must demonstrate that the project site has been dedicated for public use for at least 25 years with at least 10 years remaining on the dedication document. (3) Permits: The project sponsor is responsible for obtaining and abiding by any and all federal, state and local permits, laws and regulations in the development of the project. (4) Public Marina Qualifications: All public marina projects funded through this program shall include sewage pumpout facilities for vessels, unless the applicant can demonstrate that inclusion of such a facility is physically, operationally or economically impracticable. All public marina projects funded through this program shall have at least ten (10%) percent of their slips or mooring areas available for transient vessels. Program funds to public marina projects shall not be utilized for maintenance of the facilities if revenues generated by the facility are not exclusively allocated to the operation, maintenance and improvement of the public marina facility. (5) Final Decisions: The Board will make all final decisions on the eligibility of a Project or specific project costs. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) -- (3) FS. History -- New 12-17-90, Amended 9-2-92, 6-24-93, 2-3-94, 4-12-95, 9-5-96, 2-6-97, Formerly 16T-2.008, Amended 5-17-98, 3-31- 99,5-25-00,3-21-01, 7-30-02. 66B-2.009 -- Project Administration. The District will appoint a project manager who shall be responsible for monitoring the project and the project agreement. The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison agent, who will be a member of the eligible applicant's staff, to 18 EXHIBIT A act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as follows: (1) Project Agreement: For each funded project, the District and the project sponsor will enter into a project agreement, prior to the release of program funds, setting forth the mutual obligations of the parties concerning the project. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule. Project agreements will be for a two-year period with the possibility for one, one-year extension. Any request for a one-year extension of funding shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July of fiscal year two of the approved project. This request will then be considered by the DISTRICT Board, whose decision shall be final. In review of these requests, the Board will take into consideration the current status and progress of the project and the ability of the applicant to complete the project within one additional year. (2) Matching Funds: The project sponsor shall clearly identify and enumerate the amount and source of the matching funds it will be using to match the program funds supplied by the District for an approved project. The project sponsor shall provide suitable evidence that it has the matching funds available at the time the project agreement is executed. (3) Agreement Modification: All proposed changes to the project agreement must be submitted to the District in writing by the project sponsor accompanied by a statement of justification for the proposed changes. All project agreement amendments shall be approved by the District Board, except that the Executive Director may approve a minor project agreement amendment for a project within a county with the local District commissioner's concurrence. A minor project amendment shall not change the appro~'ed project's category nor result in a reallocation of more than 35% of the approved funding of the project among project elements. Project agreement amendments will not include a change to the approved project's location or a change in the approved project's purpose or 19 EXHIBIT A project type. Agreed changes shall be evidenced by a formal amendment to the project agreement and shall be in compliance with these rules. (4) Project Reporting: The liaison agent will submit quarterly reports to the project manager summarizing the work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These reports shall continue throughout the length of the project period until completion of the project. The report shall be submitted on Form 95- 02, "Assistance Program Project Quarterly Status Report, dated 7-30-02, hereby incorporated by reference and available at the District office. (5) Reimbursement Requests: The liaison agent may submit periodic reimbursement requests during the project period in accordance with s.66B-2.011. The project manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project by the District. (6) Project Inspection: Upon reasonable request, the project manager shall have the right to inspect the project and any and all records relating to the project. (7) Project Completion: The project shall be completed within three (3) years of the date beginning of the District's first fiscal year for which the project was approved. If the completion of a project is impacted by a declared state of emergency and the Board waives this rule section, the extension of time granted shall not exceed one additional three (3) year period. (8) Project Completion Requirements: Upon completion of the project, the liaison agent shall provide the following to the project manager: (a) A Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02), hereby incorporated by reference and available from the District office, which certifies that the project was completed in accordance with the project agreement and the final project plans. (b) A final reimbursement request accompanied by all required billing statements and vouchers. 20 EXHIBIT A 2.013. (c) Photograph(s) showing the installation of the sign required by s. 66B- (d) Photograph(s) of the completed project clearly showing the program improvements. (9) Project Completion Review: The project manager will review the project completion package and will authorize or reject the final reimbursement payment, which will include all retained funds from previous requests. Specific Authority 374.976(2) FS. Law Implemented 374.976(I) FS. Histo~ -- New 12-17-90, Formerly 16T-2.009, Amended 3-21-01. 66B-2.010 -- Project Agreement. (Repealed) Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -- New 12-17-90, Amended 9-5-96, 1-01, Formerly 16T-2.010, Repealed 7-30-02. 66B-2.011 -- Reimbursement. The District shall release program funds in accordance with the terms and conditions set forth in the project agreement. This release of program funds shall be on a reimbursement only basis: The District shall reimburse the project sponsor for project costs expended on the project in accordance with the project agreement. Project funds to be reimbursed will require the submission of a Reimbursement Request Form and required supporting documents, FIND Form No. 90-14 (effective 7-30-02), hereby incorporated by reference and available from the District office. (1) Authorized Expenditures: Project funds shall not be spent except as consistent with the project agreement cost estimate that was approved by the Board, which shall be an attachment to the project agreement. This cost estimate will establish the maximum funding assistance provided by the District and the percentage of funding provided by each party to the project. The District will pay the lesser of (a) the percentage total of project funding that the Board has agreed to fund, or (b) the maximum application funding assistance amount. 21 EXHIBIT A (2) Phase I Reimbursement: In accordance with these rules, reimbursement cannot be made on a Phase I application until a construction contract is executed by the applicant for the construction phase of the project. If the Phase I project is completed but a construction contract is not executed by the three (3) year project deadline, then the District shall only allow one (1) year from the Phase I project deadline to enter into the required construction contract before the Phase I funding is cancelled. (3) Reimbursement Requests: All project costs shall be reported to the District and summarized on the Reimbursement Request Form. All requests for reimbursement shall include supporting documentation such as billing statements for work performed and cancelled payment vouchers for expenditures made. (4) Retainage: The District shall retain ten percent (10%) of all reimbursement payments until final certification of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, for non-compliance with the terms of this agreement. (5) Check Presentations: A District representative shall present the final reimbursement check to the project sponsor during a public commission meeting or public dedication ceremony for the project facility. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -- New 12-17-90, Amended 6-24-93, Formerly 16T-2.011, Amended 3-31-99, 7-30-02 66B-2.012 - Accountability. The following procedures shall govern the accountability of program funds: (1) Accounting: Each project sponsor is responsible for maintaining an accounting system that meets generally accepted accounting principles and for maintaining such financial records as necessary to properly account for all program funds. (2) Quarterly Reports: The project sponsor shall submit quarterly project status reports to FIND in accordance with s.66B-2.009(4). 22 EXHIBIT A (3) Completion Certification: All required final completion certification documents and materials as outlined in s.66B-2.009(8) of this rule shall be submitted to the District prior to final reimbursement of program funds. (4) Auditing: All project records including project costs shall be available for review by the District or by an auditor selected by the District for 3 years after completion of the project. Any such audit expenses incurred shall be borne entirely by the project sponsor. (5) Project Records: The project sponsor shall retain all records supporting project costs for three years after either the completion of the project or the final reimbursement payment, whichever is later, except that should any litigation, claim, or special audit arise before the expiration of the three year period, the project sponsor shall retain all records until the final resolution of such matters. (6) Repayment: If it is found by any State, County, FIND, or independent audit that program funds have not been used in accordance with this rule and applicable laws, the project sponsor shall repay the misused program funds to the District. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -- New 12-17-90, Formerly 16T-2.012, Amended 7-30-02. 66B-2.013 -- Acknowledgement. The project sponsor shall erect a permanent sign, approved by the District, in a prominent location at the completed project that indicates the District's participation in the project. This sign shall contain the FIND logo. In the event that the project sponsor erects a temporary construction sign, this sign shall also recognize the District's participation. If the final product of the project is a report, study or other publication, the District's sponsorship of that publication shall be prominently indicated at the beginning of the publication. If the project results in an educational display, the District's logo and a statement of the District's participation in the project shall be contained in the display. 23 EXHIBIT A Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -- New 12-17-90, Formerly 16T-2.013. 66B-2.014 m Small-Scale Spoil Island Restoration and Enhancement Projects. Proposals shall be accepted for the restoration or enhancement of spoil islands and natural islands within the District's waterways for recreational, navigational, educational, and environmental purposes. The provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure - A Request for Proposals procedure will be used to request proposals for consideration. Proposals shall follow the format described in FIND Document #03-02 Call for Proposals - Small Scale Spoil Island Restoration and Enhancement Program, effective date 7-30-02, hereby incorporated by reference and available from the District office. Proposals may be submitted to the District and considered by the Board at any time during the year. (2) Matching Funds: Small-scale spoil island restoration and enhancement may qualify for up to ninety percent (90%) program funds. The applicant's ten percent (10%) matching funds may include in-kind contribution pursuant to s66B- 2.014(4) (b). (3) Eligibility: All proposals must meet the following eligibility criteria to be considered for funding. (a) Management Plan Compliance: Projects shall be in compliance with the provisions of any Spoil Island Management Plans or other management plans that govern the Project site. (b) Property Control: The Project Sponsor must have written property rights on the Project site to construct and maintain the Project for a minimum of five years. Such property rights can be in the form of a lease, intedocal agreement, use agreement or other legal form approved by the District. 24 EXHIBIT A (4) Funds Allocation: Funds shall be allocated pursuant to s. 66B-2.005, subject to the exceptions identified in this rule, and with the following additions: (a) The District shall fund a maximum of up to $7,500 per project, not to exceed $22,500 per County, per fiscal year. (b) The Project Sponsor may contribute in-kind construction labor; such in-kind construction labor costs will not be counted by the District as exceeding $10.00 per hour. No administrative costs can be incorporated into the Project as Project costs. (c) The funding provided by the District shall only be allocated for specific Project expenses such as construction materials, plant materials, herbicides, etc. The funding provided by the District shall not be allocated for parties, food or beverages. (5) Hold Harmless Waiver: All volunteers, who are not government employees, shall sign a hold harmless waiver Form No. 02-01 (New 7-30-02) as approved by the District and hereby incorporated by reference and available from the District office. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -- New 7-30-02. 25 EXHIBIT B FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM PROJECT COST ESTIMATE (See Rule Section 66B-2.005 & 2.008 for eligibility and funding ratios) PROJECT TITLE: Dredging for Boat Club Park Navigation Channel APPLICANT: City of Boynton Beach Project Elements Quantity (Number and/or Footage) Estimated Applicant's Cost Cost FIND Cost Additional dredge and disposal 1,600 cubic yards $40,000 $22,500 $18,000 TOTALS 1,600 $40,000 $22,500 $18,000 Form No. 90-25 (New 10/14/92) 55 EXHIBIT C FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM Matching Funds Certification Sponsor: Project Title: Project #: I hereby certify that the above referenced project Sponsor, as of October 01,200_, has the required matching funds for the accomplishment of the referenced project in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and the Sponsor, dated October 200_.* Project Liaison Name: Project Liaison Signature: Date: *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND Form No. 95-01 New 9/9/95 (revised 7-30-02) EXHIBIT D FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM PAYMENT REIMBURSEMENT REQUEST FORM PROJECT NAME: PROJECT SPONSOR: PROJECT NO.: BILLING NO.: Amount of Assistance All Funds Previously Requested Balance Available Funds Requested Less Retainage (-10% unless final) Check Amount Balance Available Less Check Amount Balance Remaining Expense Description (Should correspond to Cost Estimate Sheet Categories in Exhibit "B") SCHEDULE OF EXPENDITURES Check No. Total Vendor Name and Date Cost Applicant Cost FIND Cost FIND - Form No. 90-14 Effective Date 7-30-02) (NOTE: Signature Required on Page 2) FIND - Form No. 90-14 Page Two Expense Description (Should correspond to Cost Estimate Sheet Categories in Exhibit "B") EXHIBIT D (CONTINUED) SCHEDULE OF EXPENDITURES Check No. Total Vendor Name and Date Cost Applicant FIND Cost Cost Certification for Reimbursement: I certify that the above expenses were necessary and reasonable for the accomplishment of the approved project and that these expenses are in accordance with Exhibit "B" of the Project Agreement. * Project Liaison Date *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND - Form No. 90-14 Effective Date 7-30-02) EXHIBIT E FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM Project Completion Certification Sponsor: Project Title: Project #: I hereby certify that the above referenced project was completed in accordance with the Cooperative Assistance Program Project Agreement between the Florida Inland Navigation District and , dated ,20 , and that all funds were expended in accordance with Exhibit "B" and Paragraph 1 of the Project Agreement. * Project Liaison Name: Project Liaison Signature: Date: *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND Form No. 90-13 (Effective Date: 12-17-90, Revised 7-30-02) PROJECT NO. PROJECT TITLE: EXHIBIT F ASSISTANCE PROGRAM PROJECT QUARTERLY STATUS REPORT PROJECT SPONSOR: Report Due: Oct 1-DEC 15 (Dec 31) REPORT PERIOD Dec 15-Mar 1 (March 15) Mar 1-June 15 (June 31) June 15-Sep 1 (Sep 15) WORK ACCOMPLISHED: PROBLEMS ENCOUNTERED: PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: Form No. 95-02 (Effective Date: 7-30-02) EXHIBIT G WATERWAYS ASSISTANCE PROJECT SCHEDULE OCTOBER 2002 - DECEMBER 31, 2002 - MARCH 15, 2003 - JUNE 30, 2003 - SEPTEMBER 15, 2003 - DECEMBER 29, 2003 - MARCH 15, 2004 - JUNE 29, 2004 - Project Agreement Executed, Project Initiates. First Quarterly Report Due. Second Quarterly Report Due. Third Quarterly Report Due. Fourth Quarterly Report Due. Fifth Quarterly Report Due. Sixth Quarterly Report Due. Seventh Quarterly Report Due. NOTE: If project will not be completed and all close out paperwork submitted by September ]st, a request for an extension of the completion date of the project should be submitted with the quarterly report. SEPTEMBER 3, 2004 - Closeout paperwork due. September 28, 2004 - District finishes processing closeout paperwork, performs project inspection and submits final reimbursement check to sponsor. NOTE: Any modifications to the PROJECT shall require advance notice and prior written approval of the District. Appropriate timing for modifications to the project cost estimate, Exhibit B, would be after receipt of bids. *NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit B may result in revocation of this agreement pursuant to Paragraph 13 of the project agreement. EXHIBIT H FLORIDA INLANO NAVi6ATION: DISTRICT RESOLUTION NO. R~ VII.-CONSENT AGENDA ITEM C.9 · A RESOLUTION OF THE CITY COMMI! -'-CITY OF BOYNTON BEACH, FLORIDA, RAI~ x~o THE ACTION TAKEN BY THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD AT THE QUARTERLY ANNUAL MEETING OF OCTOBER 17, 2002, AS SET FORTH IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID RATIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the South Central Regional Wastewater Treatment & Disposal Board (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of October 17, 2002, as set forth in the attached Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, does hereby ratify the action taken by the South Central Regional Wastewater Treatment & Disposal Board on October 17, 2002, as set forth in the attached Exhibit "A". Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of November, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk EXH~IT "A" 1. Authorization to expend $140,000 from Repair & Replacement Funds on an emergency basis to repair splitter gate box channel and sanitaire system in south aeration basin "A" plant. BOARD City Council Members of Boynton Beach & De[ray Beach SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 Telephone ~561) 272-7061 (561) 734-2577 Fax: (561) 265-2357 E-mail: scrwwtp@ ix.netcom.com MEMORANDUM TO: Janet Prainito CITY OF BOYNTON BEACH FROM: Mary Ann Shumilla DATE: October 18, 2002 RE: RATIFICATION FOR SIGNATURE Attached is one Ratification from the Quarterly Annual Meeting of October 17, 2002 which require signatures. Would you place this on the Agenda for your next Commission meeting. Would you contact me at 272-7061 when the Ratification is executed. Thank you. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF OCTOBER 17, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on October 17, 2002, by a vote of 6-0, approve AUTHORIZATION TO EXPEND $140,000 FROM REPAIR & REPLACEMENT FUNDS ON AN EMERGENCY BASIS TO REPAIR SPLITTER GATE BOX CHANNEL ($10,000) AND SANITAIRE SYSTEM IN SOUTH AERATION BASIN "A" PLANT ($130, 000). WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney VII.-CONSENT AGENDA ITEM C.10 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tumed 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) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: -~ Recommend approval of a resolution reducing the Letter of Credit for Melear Subdivision (Building Permit No. from $360,307.50 (Three Hundred Sixty Thousand Three Hundred Seven Dollars and Fifty Cents) to $100,000.0(Y (On'e' - ~ Hundred Thousand Dollars). ~ EXPLANATION: Attached please fred correspondence from Continental Homes of Florida requesting a 90% (Ninety Percent) reduction in the Letter of Credit and a copy of the Letter of Credit (No. 3020336) from Bank of America. However littoral and upland plantings remain to be completed and the City Forester recommends holding approximately 30% (Thirty Percent) of the surety pending completion of the work (see attached Memorandum). Contemporaneously with release, the Developer must provide a surety in the amount of $100,000.00 (One Hundred Thousand Dollars) by an amended or replacement letter of credit or by cash bond to the City of Boynton Beach to secure completion of littoral and upland plantings. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A · Jeffrey ~./L~vergood, P.E, "-- ~q~ l¢Ianager's Signature Public Works/Engineering Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC Parks Division Memorandum- TRC Page 't. o L0gan, Laurinda ....................................... From: Hallahan, Kevin Sent: Thursday, August 15, 2002 12:53 PM To: Logan, Laurinda Subject: Letter of Credit -request for release Planning Division Memorandum To: From: Subject: Laurinda Logan, P.E., Senior Engineer Kevin J Hallahan, Forester / Environmentalist Request for Reduction of Letter of Credit (required landscape improvements) Melear Subdivision Continental Homes Bank Of America Letter of Credit No. 3020336 City of Boynton Beach Building Division Permit #00-4237 Date: August 15, 2002 There are 5 lakes on the properties that have not yet received the final inspections for littoral and upland plantings' accordance with the Management Plan. It is anticipated that the associated costs to complete these plantings by the developer is approximately 30 % of the remaining letter of credit fund amount. The remainder of the funds may be recommended for release to the developer. Kjh 8/15/2002 TO: FROM: DATE: RE: DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 02-176 Kevin Hallahan, City Forester, Planning & Zoning Laurinda Logan, P.E., Senior Engineer August 15, 2002 Request for Reduction of Letter of Credit Melear Subdivision Continental Homes Bank of America Letter of Credit No. 3020336 This office has received a request for reduction of surety (Letter of Credit) for landscaping work performed on the Melear Subdivision project. The permit number provided by the contractor/developer for this work is #00-4237. Please let me know, in writing, if this work has been completed in accordance with the plans and specifications. If it has not please let me know the approximate cost to complete the work. That amount will be held by the City pending completion of the work. The remainder of the surety can be released to the contractor. In order to get this on the eadiest Commission agenda I need to have everything to the Clerk's office on Monday. Sorry for the short notice but that means I need a response from you today. Thanks for your assistance with this! If you have any questions regarding this matter, please contact myself, Laurinda Logan, P.E., Senior Engineer, x6482. Xc; Jeffrey R. Livergood, P.E., Director, Public Works (via e-mail) Quintus Greene, Director, Department of Development Dave Kelley, P.E., City Engineer, Public Works/Engineering (via e-mail) Laurinda Logan, P.E., Senior Engineer, Public Works/Engineering (via e-mail) Frantz LaFontant, Engineering Plans Analyst, Public Works/Engineering (via e-mail) File J :\S HRDATA\Engineedng\Logan\Sureties\Melear PUD.doc Continental July 29, 2002 Quintas L. Greene Director of Development City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 RE: Partial Release of Bonds for Melear PUD Dear Mr. Greene: This letter is to sep,'e a request for a 90% release of bonds held for our Melear PUD subdivision. These bonds were posted for the development of Phase 3a-3c, water and sewer system construction and landscaping. If you have any questions please contact me at (954) 347-5075. Sincerely, Tod Batson Land Development Manager cc: Laurinda A. Logan Welcome Home Continental Homes of Florida, Inc. 1192 East Newport Center Drive, Suite 150 Deedield Beach, FL 33442 Phone: (954) 428-4854 Fax: (954) 428-7391 A D.RW-~ORTON Company Interoffice Memo Fm~ Ma~ Munro, Finan~ ~ Le~er of Cr~it - Non Renewal Noti~ Ken: We are currently holding two Letters of Credit from D.R. Horton, Inc/Continental Homes Miami. Since you forwarded the other one to us originally, I'm hoping you were also involved in this one. Their notice indicates it will expire on November 6, 2002. I think we should go through the formality of having Commission release the Letter of Credit as required in our APM. If you agree, please let me know and I will coordinate with Utilities for the release of the second LOC at the same time. Thanks for your help, Attachments (2) Bank of America DATE: JULY 24, 2002 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 3020336 BENEFICIARY CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FL 33435 APPLICANT D.R. HORTON, INC. / CONTINENTAL HOMES MIAMI 1901 ASCENSION BLVD, SUITE 100 ARLINGTON, TX 76006 PLEASE BE INFORMED THAT, IN ACCORDANCE WITH THE TERMS OF THE ABOVE LETTER OF CREDIT NO. 3020336 WE HAVE ELECTED NOT TO RENEW THE CREDIT, AND CONSEQUENTLY, THE CREDIT WILL ULTIMATELY EXPIRE ON NOVEMBER 6, 2002. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS NOTIFICATION, PLEASE CALL 213-345-5319. AUTHORI ZF--U SIGNATURE ORIGINAL ot America DATE: NOVEMBER 9, 1999 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 3020336 PAGE: BENEFICIARY CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FL 33435 APPLICANT D.R. HORTON, INC. / CONTINENTAL HOMES MIAMI 1901 ASCENSION BLVD, SUITE 100 ARLINGTON, TX 76006 AMOUNT USD 360,307.50 THREE HUNDRED SIXTY THOUSAND THREE HUNDRED SEVEN AND 50/100~S US DOLLARS EXPIRATION NOVEMBER 6, 2000 AT OUR COUNTERS GENTLEMEN: WE HEREBY OPEN OUR CLEAN IRREVOCABLE LETTER OF CREDIT NO. 3020336 IN YOUR FAVOR FOR THE ACCOUNT OF D.R. HORTON, INC. / CONTINENTAL HOMES MIAMI FOR AN AGGREGATE AMOUNT OF THREE HUNDRED SIXTY THOUSAND THREE HUNDRED SEVEN AND 50/100 UNITED STATES DOLLARS ($360,307.50) AVAILABLE BY PAYMENT OF YOUR DRAFT(S) AT SIGHT DRAWN ON OURSELVES WHEN ACCOMPANIED BY THE FOLLOWING DOCUMENT(S): 1. A STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE CITY OF BOYNTON BEACH STATING "THE FUNDS DRAWN UNDER THIS LETTER OF CREDIT ARE NEEDED TO PAY FOR CONSTRUCTION OF LANDSCAPING IN ACCORDANCE WITH THE CITY'S LAND DEVELOPMENT CODE IN CONNECTION WITH THE PROPOSED SUBDIVISION KNOWN AS MELEAR PUD AND CONTINENTAL HOMES MIAMI HAS FAILED TO COMPLETE THE WORK STATED"; 2. THE ORIGINAL LETTER OF CREDIT AND ANY SUBSEQUENT AMENDMENTS. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLy EXTENDED WITHOUT AMENDMENT FOR ADDITIONAL ONE YEAR PERIODS UNLESS WE NOTIFY YOU IN WRITING AT LEAST SIXTY (60) DAYS PRIOR TO THE CURRENT OR ANy FUTURE EXPIRATION DATE THAT WE ELECT NOT TO EXTEND THIS CREDIT FOR ANy SUCH ADDITIONAL ONE YEAR PERIOD. NOTICE TO THE CITY THAT THE LETTER OF CREDIT WILL EXPIRE, PRIOR TO THE PERFORMANCE OF THE OBLIGATIONS GUARANTEED BY THIS LETTER OF CREDIT, SHALL BE DEEMED A DEFAULT AND SHALL ENTITLE CITY TO COLLECT ON THIS LETTER OF CREDIT BY PRESENTATION OF SIGHT DRAFT(S) AND A STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE CITY OF BOYNTON BEACH STATING "WE ARE IN RECEIPT OF YOUR NON-RENEWAL NOTICE FOR THIS LETTER OF CREDIT AND THE FUNDS DRAWN UNDER THIS LETTER OF CREDIT ARE NEEDED IRREVOCABLE STANDBY LETTER OF CREDIT NO. 3020336 TO PAY FOR THE LANDSCAPING IN ACCORDANCE WITH THE CITY'S LAND DEVELOPMENT CODE IN CONNECTION WITH THE PROPOSED SUBDIVISION KNOWN AS MELEAR PUD AND CONTINENTAL HOMES MIAMI HAS FAILED TO COMPLETE THE WORK STATED." THE LETTER OF CREDIT IS IRREVOCABLE AND SHALL REMAIN ENFORCEABLE UNTIL RELEASED BY A RESOLUTION ADOPTED BY THE CITY COMMISSION OR THE CURRENT OR ANY FUTURE EXPIRY DATE, WHICHEVER IS EARLIER. THIS LETTER OF CREDIT IS ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION IN PALM BEACH COUNTY, FLORIDA, AND IS TO BE INTERPRETED BY FLORIDA LAW. ORIGINAL Recycled Pnper anKoTAmerlca PAGE: 2 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 3020336 EXCEPT SO FAR AS OTHERWISE EXPRESSLY STATED HEREIN THIS CREDIT IS SUBJEC? TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500 AND IN THE EVENT OF ANY CONFLICT IS TO BE INTERPRETED BY FLORIDA LAW. LITIGATION HEREUNDER, IF NECESSARY. SHALL BE IN A COURT OF COMPETENT JURISDICTION IN PALM BEACH COUNTY, FLORIDA. WE HEREBY ENGAGE WITH YOU THAT EACH DRAFT(S) DRAWN UNDER AND IN COMPLIA/qCE WITH THE TERMS AND CONDITIONS OF THIS CREDIT SHALL BE DULY HONORED IF PRESENTED WITH DOCUMENT(S) AS SPECIFIED AND THE ORIGINAL OF THIS CREDIT, AT OUR OFFICE LOCATED AT 333 SOUTH BEAUDRY AVENUE, 19TH FLOOR LOS ANGELES, CALIFORNIA 90017, ATTENTION LETTER OF CREDIT DEPT., ON OR BEFORE THE ABOVE STATED EXPIRY DATE, OR ANY AUTOMATICALLY EXTENDED DATE AS PROVIDED FOR HEREIN. DRAFT{S) DRAWN UNDER ~HIS CREDIT MUST SPECIFICALLY REFERRENCE OUR LETTER OF CREDIT NUMBER. IF YOU REQUIRE ANY ASSIST/kNCE OR HAVE ~ QUESTIONS REGARDING THIS TRANSACTION, PLEASE Ci%LL 213-345-6630. ........... ..... AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE THIS DOCUMENT CONSISTS OF 2 PAGE(S). D1T-L. BREAULT ORIGINAL ~P.~* Recycled Paper Bank ofAmerica DATE: NOVEMBER 23, 1999 AMENDMENT TO IRREVOCABLE STANDBY CREDIT NUMBER: 3020336 AMENDMENT NUMBER 1 PAGE: 1 BENEFICIARY CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FL 33435 APPLICANT D.R. HORTON, INC. / CONTINENTAL HOMES MIAMI 1901 ASCENSION BLVD, SUITE 100 ARLINGTON, TX 76006 THIS AMENDMENT IS TO BE CONSIDERED AN INTEGRAL PART OF THE ABOVE CREDIT AND MUST BE ATTACHED THERETO. THE ABOVE MENTIONED CREDIT IS AMENDED AS FOLLOWS: 1. PAGE 1, PARAGRAPH 5, LINE 3, W}{ERE IT REA/DS AS: "... UNLESS WE NOTIFY YOU IN WRITING AT LEAST SIXTY (60) DAYS..." IS NOW DELETED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING: "... UNLESS WE NOTIFY YOU IN WRITING AT LEAST NINETY (90) DAYS..." 2. PAGE 2, PARAGRAPH 2 WHERE IT READS AS: "WE HEREBY ENGAGE WITH YOU... LETTER OF CREDIT NUMBER." IS NOW DELETED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING PARAGRAPH: "WE HEREBY ENGAGE WITH YOU THAT EACH DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS CREDIT SHALL BE DULY HONORED IF PRESENTED WITH DOCUMENT(S) AS SPECIFIED AND THE ORIGINAL OF THIS CREDIT, AT OUR OFFICE LOCATED AT 333 SOUTH BEAUDRY AVENUE, 19TH FLOOR, LOS ANGELES, CALIFORNIA 90017, ATTENTION LETTER OF CREDIT DEPT., OR TO OUR CORRESPONDENT LOCATED AT BANK OF AMERICA, N.A., LETTER OF CREDIT DEPT., 100 SE 2ND STREET, 13TH FLOOR, MIAMI, FLORIDA 33131, ON OR BEFORE THE ABOVE STATED EXPIRY DATE, OR ANY AUTOMATICALLY EXTENDED DATE AS PROVIDED FOR HEREIN. DRAFT(S) DRAWN UNDER THIS CREDIT MUST SPECIFICALLY REFERENCE OUR LETTER OF CREDIT NUMBER." IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS AMENDMENT, PLEASE CALL 213-345-6627. AUTHORIZED SIGNATURE D~T-L, BRBA~F~Ts DOCUMENT CONSISTS OF 1 PAGE(S). ORIGINAL Recycled Paper VII'.-CONSENT AGENDA TEM C.10 RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORDA, AUTHORIZING A REDUCTION IN THE LETTER OF CREDIT ISSUED BY BANK OF AMERICA (NO. 3020336) FOR THE MELEAR SUBDIVISION (CONTINENTAL HOMES) FROM $360,307.50 TO $100,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the developer of this parcel, previously submitted a Letter of Credit in the amount of $360,307.50 as surety for landscaping work for the Melear Subdivision 'Continental Homes); and WHEREAS, the amount being reduced is 70% of the original surety, and shall emain in place until the littoral and upland plantings are completed; 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 true 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, based apon the recommendation of staff, hereby approves a reduction of a Letter of Credit issued by Bank of America (No. 3020336) for the Melear Subdivision (Continental Homes) from $360,307.50 to $100,000.00. Section 3. That this Resolution shall become effective immediately upon passage. i:\CALRESOX, Letters of Credit~Reduction of Surety - Mclcar - Continental Homes.doc PASSED AND ADOPTED this __ day of November, 2002. CITY OF BOYNTON BEACH, FLOR/DA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) ;:\CALRESO\Letters of CreditLReduction of Surety o Melear - Continental Homes.doc DATE: OCTOBER 28, 2002 AMENDMENT TO IRREVOCABLE STANDBY CREDIT NUMBER: 3020336 AMENDMENT NUMBER 2 PAGE: 1 BENEFICIARY CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FL 33435 APPLICANT D.R. HORTON, INC. / CONTINENTAL HOMES MIAMI 1901 ASCENSION BLVD, SUITE 100 ARLINGTON, TX 76006 THIS AMENDMENT IS TO BE CONSIDERED AN INTEGRAL PART OF THE ABOVE CREDIT AND MUST BE ATTACHED THERETO. THE ABOVE MENTIONED CREDIT IS AMENDED AS FOLLOWS: THE EXPIRATION DATE IS AMENDED TO: NOVEMBER 6, 2003. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS AMENDMENT, PLEASE CALL 213-345-0088. AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE THIS DOCUMENT CONSISTS OF 1 PAGE(S). NUNTAWAN GERHARD ORIGINAL t~ Recycled Paper Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VII. - CONSENT AGENDA ITEM C.11 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR vm Date Final Form Must be Tumed 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 authorize the City Manager to execute the Letter of Appointment for Herb~ ~ '~ D.r~ ..~ Kelley, Jr., as Assistant Public Works Director/City Engineer. EXPLANATION: After staff evaluation it has been determined that because the Engineering Department is now a division of the Public Works Department a new position of Assistant Public Works Director/City Engineer is created. This position will essentially provide all duties as contemplated by the Director of Engineering and will serve as an Assistant Director of Public Works. This position classification will provide the Engineering Division with leadership and management and will report to the Director of Public Works. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Public Works Department City Manager's Signature Department Name City Attorney / Finance / Human Resources S:XBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING IHE CITY MANAGER TO EXECUTE A LETTER OF APPOINTMENT CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND HERBERT D. KELLEY, JR.; PROVDING AN EFFECTIVE DATE. WHEREAS, the City Manager has recommended that the City enter into an Appointment Contract for Herbert D. Kelley, Jr., as Assistant Public Works Director/City Engineer, pursuant to the terms and conditions set forth in the Appointment Contract attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida authorizes the City Manager to enter into an Appointment Contract with Herbert D. Kelley, Jr., for the position of Assistant Public Works Director/City Engineer. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of November, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) s:ca~Reso\employment matters\ Kelley LETTER OF APPOINTMENT HERBERT D. KELLEY, JR. ASSISTANT DIRECTOR OF PUBLIC WORKS / CITY ENGINEER November ,2002 Mr. Herbert D. Kelley, Jr. City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Mr. Kelley: I am pleased to offer you an appointment to the position of Assistant Director of Public Works / City Engineer. By accepting this position you are representing to the City that you have reviewed the job description for the position and that you possess the professional expertise, licenses, and experience to perform the services to be provided by you pursuant to the terms of this appointment. The position of Assistant Director of Public Works / City Engineer is a contractual, specialized position subject to appointment by the City Manager and not a civil service position. The City's Civil Service Rules and Regulations are not applicable to the position and by accepting the position you are waiving any rights you may have enjoyed under those rules and regulations. The provisions of the City's Personnel Policy Manual (PPM), as amended from time to time, are applicable to you, except as listed below. The following Chapters of the PPM have no application to you: Chapter II Employment. 02. Recruitment and Selection Chapter III Compensation. 02. Overtime Chapter III Compensation. 03 Callback and On Call Chapter III Compensation. 04. Compensatory Time Chapter VII Resignation 01. Termination Pay Chapter IV Benefits. 09. Retirement Benefits Chapter IV Benefits. 02. Vacation Leave Chapter IV Benefits. 03. Sick Leave with Pay Chapter III Compensation. 06. Incentive Pay System Chapter VI Discipline. 01. Disciplinary Actions Chapter VI Discipline. 02. Formal Grievances S:\CA~,AGMTS'd2)rafi Agreements KB'~D Kelly Appointment Letter -Final.doc If you accept this appointment you will be an "at will" employee of the City and you have no vested right or property right in your position. You acknowledge that there has been no re~esentation or promise, expressed or implied fixing the term of your appointment. The job description for Assistant Director of Public Works / City Engineer is attached as Exhibit "A", and you agree to provide the City with the services included in that job description. Except as otherwise expressly provided by this Appointment, as Assistant Director of Public Works / City Engineer you shall at all times: ao Devote all your time, attention, knowledge, and skill solely and exclusively to the business and interests of the City during normal working hours and at City related events after normal business hours. bo Perform your duties and obligations faithfully, industriously, and to the best of your ability. Not engage in conflicting outside employment except with prior written authorization of the City Manager or his designee. do Keep the City Manager or his designee fully informed in advance of all travel and activities that take you out of the office for more than a day at a time. All travel must receive prior written approval of the Director of Public Works or his designee. A performance evaluation will be conducted by April 1 st of each year, commencing April 1, 2003, and each and every April 1st thereafter. In addition, a mid-term evaluation will be conducted by November 1st of each year, commencing November 1, 2002 and by every November 1 st thereafter. The review and evaluation shall be in accordance with performance criteria developed by the Director of Public Works or his designee. The criteria may be added to or deleted from as the Director of Public Works or his designee may from time to time determine. Further, the Director of Public Works or his designee shall provide to you a summary written statement of the evaluation and provide an adequate opportunity for you to discuss your evaluation with the City Manager or his designee. Periodically, you will meet with the Director of Public Works or his designee and define such goals and performance objectives that are determined necessary in attainment of the objectives and shall further establish a relative priority among those various goals and objectives, which shall be reduced to writing. Such goals and objectives shall be generally attainable within the time limitations as specified in the annual operating and capital budgets and appropriations provided by the City. S:\CA\AGMTSXDraft Agreements KBXD Kelly Appointment Letter -Final.doc Compensation reviews are not subject to any specific formula applicable to other City personnel. Wage adjustments shall be at the sole discretion of the City Manager or his designee and are subject to the appropriation of funds by the City Commission. Your comper~sation and other monetary benefits are as follows: You shall receive an annual salary of SEVENTY SIX THOUSAND and NO/100 DOLLARS ($76,000.00), for the engineering services described herein, payable in equal installments, paid at the same intervals as the City's management personnel are paid. You shall also receive an additional FOUR THOUSAND and NO/100 ($4,000.00) DOLLARS annually, payable in equal installments, paid at the same intervals as the City's management personnel are paid, for providing Licensed Professional Surveyor services to the City of Boynton Beach. · The City shall pay or reimburse you consistent with reimbursement policies for City managerial employees. · You shall receive the same Health Insurance benefit provided to non-union City employees hired after 10/1/91. · You shall receive the Management Incentive Package, which became effective in 2001 for Supervisory Management Employees. · You shall receive the same benefit Disability Insurance provided to non-union City employees hired after 10/1/91. You are currently enrolled in, and shall continue to enjoy all benefits provided under the General Employee Pension Plan. You shall receive the same Retirement System benefit provided to non-union employees hired after 10/1/91. · You shall be entitled to observe the same paid legal holidays as managerial employees hired after 10/1/91. · You shall be entitled to accrue 20 days of vacation per year. Such revised vacation accrual shall commence upon ratification of this Letter. You shall accumulate sick leave as provided under the rules and regulations for other managerial employees of the City, including pay-out for unused sick leave on termination based on the standard for employees of the City hired after October 1, 1991. · You shall be provided with a fleet vehicle. This vehicle, the selection of which shall be as agreed to by you and the City Manager or his designee, may be used S:\CAXAGMTS'd)raft Agreements KBXD Kelly Appointment Letter -Final.doc for both City business and for personal commuting to and from work to your personal residence. If you accep~the appointment, the City shall defend and indemnify you against all claims and actions, civil or criminal, provided the claims or actions arise out of and in the course of the performance of your duties and responsibilities pursuant to this Appointment; and pay any judgment that may be entered against you in a civil action arising out of and in the course of the performance of your duties and responsibilities pursuant to this Appointment, except a judgment based on intentional wrongdoing by you. The City reserves the right to select, appoint, retain, or discharge legal counsel necessary to provide the foregoing defense. The effective date of your appointment is June 1, 2002. This Appointment shall terminate: ao Co At any time by mutual agreement of you and the City; Upon your sustained inability for all or substantially all of 180 calendar days in a 190 day period to perform all of your duties and obligations pursuant to this Appointment as a result of physical or mental illness or condition, which inability shall be verified at the City's expense (to the extent not covered by applicable medical insurance maintained by the City) by a licensed physician within fifteen days of a request for selection. The examining physician will be selected solely by the City; At any time by the City Manager or his designee's and City Commissions' unilateral termination of your Appointment for the position. Unilateral termination shall be in writing, signed by the City Manager or his designee, and need not reflect performance-related reasons; Your death; Your resignation. A resignation shall be submitted in writing and shall provide for an actual resignation date no later than forty-five (45) days following the date of notice of resignation. If this Appointment is terminated by unilateral action by the City Manager or his designee, you shall be entitled only to: Reimbursement for as-yet non-reimbursed expenses pursuant to this Appointment; An amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/1/91; An amount for the accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the scheduled/formula for non-union employees hired after 10/1/91; One Hundred Twenty days (120) days of prorated base salary calculated as follows: Your annual base salary as of the termination date, shall be S:\CAXAGMTS'dDraft Agreements KB'fi) Kelly Appointment Letter -Final.doc divided by 365 days, and that amount shall be multiplied by 120 days, less customary taxes/withholdings. If this Appointment terminates upon mutual agreement of the parties, you shall be entitled to: Reimbursement for as-yet non-reimbursed expenses pursuant to this Appointment; An amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/1/91; An amount for accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/1/91. If this Appointment terminated due to your physical disability or death, you or your beneficiary, guardian or personal representative shall be entitled only to the following compensation and benefits: Base salary through the date of resignation or such other date as mutually agreed to between you and the City Manager or his designee; Reimbursement for as-yet non-reimbursed expenses pursuant to this Appointment; An amount for accrued and unused sick and vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/1/91; Life and/or disability benefits if applicable. No modification of or amendment to this Appointment shall be valid unless reduced to writing and signed by both parties. No collective-bargaining agreement to which the CITY is a party shall in whole or in part govern, apply to, or be deemed part of or incorporated into this appointment. Any civil action arising out of this Appointment or the nonperformance or breach of any covenant contained in it shall be brought only in Palm Beach County, Florida. The CITY's waiver of any breach of any term, condition, or covenant of this Appointment shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this appointment. This Agreement shall be binding on and inure to the benefit of your heirs and personal representatives and, the City regardless of changes in the persons holding office as members of the City. S:\CA~AGMTS'xDrafi Agreements KB'~D Kelly Appointment Letter -Final.doc If any provision of this Appointment or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, the provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remaining pr~ovisions of this appointment or their application to other parties or circumstances. This appointment and the terms, conditions, and covenants contained in it shall be governed by and construed in accordance with the laws of the State of Florida. This appointment letter contains the entire agreement between the City and you. All prior agreements and understandings, whether written or oral, pertaining to the City's appointment of you are fully abrogated and of no further force and effect from and after the date of this appointment letter. Regardless of which party's counsel prepared the original draft and subsequent revisions of this letter of appointment, the appointee and the City and their respective counsel have had equal opportunity to contribute to and have contributed to its contents, and this Appointment shall not be deemed to be the product of and, therefore, construed against either of them. The omission from this letter of a term or provision contained in an earlier draft of the letter shall have no evidentiary significance regarding the intent of the parties. If the foregoing terms and conditions are acceptable to you, please sign and date the original of this letter, in the space provided below, and return it to me. Very truly yours, Kurt Bressner City Manager Herbert D. Kelley, Jr. Dated: S:\CAXAGMTS~raft Agreements KBXD Kelly Appointment Letter -Final.doc CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION Class Code 70019 Grade: 39 58,172 169,807 1 87,259 FLSA: E CLASSIFICATION TITLE: Assistant Director of Public Works / City Engineer PURPOSE OF CLASSIFICATION The purpose of this classification is to direct, coordinate, and manage the comprehensive municipal operations and activities of the Engineering Division of the Public Works Department. This position will serve as City Engineer and report to the Director of Public Works. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Supervises, directs, and evaluates assigned staff, processing employee concerns and problems, directing work, counseling, disciplining, and completing employee performance appraisals. Coordinates daily work activities; organizes, prioritizes, and assigns work; monitors status of work in progress and inspects completed work; consults with assigned staff, assists with complex/problem situations, and provides technical expertise. Ensures departmental compliance with all applicable codes, laws, rules, regulations, standards, policies and procedures; ensures adherence to established safety procedures; monitors work environment and use of safety equipment to ensure safety of employees and other individuals; executes city ordinances and enforces building codes; initiates any actions necessary to correct deviations or violations. Consults with Director of Public Works, City Manager, City Commissioners, and other officials to review department operations/activities, review/resolve problems, receive advice/direction, and provide recommendations; coordinates work activities with those of other departments, contractors, consultants, outside agencies, or others as needed. Develops and implements departmental budget; monitors and authorizes expenditures to ensure compliance with approved budget; oversees payroll administration; coordinates application for grant funding; oversees preparation of cost estimates for capital projects. Develops and implements long and short term plans, goals, and objectives for the department. Develops, updates, and implements departmental policies and procedures; drafts ordinances. Provides professional administration and support services for utilities, development, public works, environmental management, and capital projects; coordinates construction activities involving city engineering projects, development support projects, construction projects, capital improvement projects, and Vision 20/20 projects and initiatives; provides professional and technical guidance to staff in all facets of engineering and construction activities; provides oversight and serves as a resource to staff members. Page I Revised: October, 2002 Cit7 of Bo~nton Beach, Florida · Assistant Director of Public Works/City Engineer Oversees infrastructure planning for future urban growth; provides input to the Planning & Zoning Division regarding changes_to the city's comprehensive plan; oversees coordination of Vision 20/20 and capital projects; establishes plan review guidelines; partners with Director of Development to prepare and executive city redevelopment plans. Oversees preparation of project plans and specifications for city construction; provides technical guidance to staff in development of plans and specifications. Evaluates and implements improvements in quality of technical service; analyzes productivity to improve delivery of services; designs new technical procedures; rebuilds technical capabilities. Coordinates or conducts special projects/assignments as needed. Provides information, assistance and technical expertise to contractors, developers, and property owners; responds to questions, concerns, or complaints and initiates problem resolution; discusses problem areas with property owners, property managers, contractors, or other departments; provides technical assistance and consultation to other city departments. Meets with citizen groups, community organizations, and interested entities concerning city projects as needed. Compiles or monitors various administrative/statistical data pertaining to department operations; performs research; makes applicable calculations; analyzes data and identifies trends; prepares/generates reports. Prepares or completes various forms, reports, correspondence, technical opinions, engineering plans, master plans, computations, budget documents, performance appraisals, or other documents. Receives various forms, reports, correspondence, architectural plans, master plans, engineering plans, computations, budget documents, invoices, requests for payment, technical codes, ordinances, regulations, specifications, standards, policies, procedures, manuals, reference materials, or other documentation; reviews, completes, processes, forwards or retains as appropriate. Operates a computer to enter, retrieve, review or modify data; verifies accuracy of entered data and makes corrections; utilizes word processing, spreadsheet, database, computer aided design (CAD), or other programs; performs basic maintenance of computer system and office equipment, such as backing up data or replacing paper, ink, or toner. Operates a variety of equipment and tools associated with inspection activities, which may include a motor vehicle, radio communications equipment, projector, blueprint copier, drafting instruments, or general office equipment. Communicates with city officials, employees, other departments, government agencies, engineers, architects, developers, contractors, property owners, the public, outside agencies, the media, and other individuals as needed to coordinate work activities, review status of work, exchange information, resolve problems, or give/receive advice or direction. Attends various meetings, serves on committees, and makes speeches or presentations as needed. Maintains a comprehensive, current knowledge of applicable laws/regulations; maintains an awareness of new trends and advances in the profession; reads professional literature; maintains professional affiliations; attends workshops and training sessions as appropriate. Provides resources for administrative/technical training to staff members through seminars, including project management, planning and control systems for construction management, or other topics. Page 2 Revised: October, 2002 Cit7 of Boynton Beach, Florida · A~_~i_~tant Director of Public WorkslCit7 En~lineer ADDITIONAL FUNCTIONS Performs general/clerical tasks, which may include answering telephone calls, typing documents, making copies, sending/receiving faxes, or filing documentation. Provides assistance to other employees or departments as needed. Performs other related duties as required. MINIMUM QUALIFICATIONS Bachelor's degree in civil engineering or closely related field; supplemented by six (6) years previous experience and/or training that includes progressively responsible engineering practice and administration in a municipal environment; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. Must possess and maintain a Professional Engineering License. Must possess and maintain a valid Florida driver's license. PERFORMANCE APTITUDES Data Utilization: Requires the ability to synthesize, hypothesize, and/or theorize concerning data involving modification of existing policies, strategies and/or methods to meet unique or unusual conditions. Requires the ability to do so within the context of existing organizational theories and management principles. Human Interaction: Requires the ability to function in a director capacity for a major organizational unit requiring significant internal and external interaction. Equipment~ Machinery~ Tools~ and Materials Utilization: Requires the ability to operate and control the actions of equipment, machinery, tools and/or materials requiring complex and rapid adjustments. Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, advisory and/or design data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals and percentages; may include ability to perform mathematical operations involving basic algebraic principles and formulas, and basic geometric principles and calculations. Functional Reasoning: Requires the ability to apply principles of influence systems, such as motivation, incentive, and leadership, and to exercise independent judgment to apply facts and principles for developing approaches and techniques to resolve problems. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving the direction, control and planning of an entire program or set of programs. Page 3 Revised: October, 2002 Cit7 of Boynton Beach, Florida · Assistant Director of Public Works/Cit7 En~lineer ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or workstation. Sensory Requirements: Some tasks require the ability to perceive and discriminate visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as traffic hazards. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. Page 4 Revised: October, 2002 Requested City comnussion Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 NATURE OF AGENDA ITEM VII.-CONSENT AGENDA ITEM D.1 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOt aVl 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 Date Final Form Must be Turned in to City Clerk's Office September 16. 2002 (Noon) October 15, 2002 September 30, 2002 (Noon) November 6, 2002 October 14, 2002 (Noon) November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the November 6, 2002 City Commission Agenda under Consent Agenda. The City Commission tabled this request at the October 15, 2002 meeting, to allow the applicant and staff time to discuss the sharing of improvement costs. For further information pertaining to the request, see attached Department of Development Memorandum No. PZ 02-180. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: NEW ALLIANCE HAITIAN CHURCH (NWSP 01-008) Alfred Daise New Alliance Haitian Church Hoadley Road (east side, south end) Request for site plan approval for a one-story (240 seat) church on a 1.9-acre parcel. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~ N/A De vel~lS~en[' ~)el:l~rtme~' D'~r~ctor C~y Manager s Signature Planning and Zoning/Si~ector City Attorney / Finance / Human Resources S:~?Ianning\SHARED\WI~,PROJECTS~qew Alliance Haitian Church~Agenda Item Request New Alliance Haitian Church NWSP 01-008 11-6-02.dot S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-180 SITE PLAN RE'VIE'?/ ST,ZFF REPORT PLANNING & DEVELOPME:NT EOAFD ;~.,'ID CITY.~,.~,',~,,,~,:,,~(-'"" Sep~emc,,er ~. 2002 3ESCRIPTION OF PROJECT :roject Name/No.: New Haitian Alliance Church / NWSP 01-008 ~roperty Owner: New Alliance Haitian Church .~pplicant: Alfred Daise with Oaise Management Corcoration _ocation: East side of Hoadley Road, approx~mate!y 850 feet south of Old Boynton Road .and Use: Low Density Residential (LDR) 'oning' Single-family Residential (R 1 AA) )roject size: Site Area: Pervious Area: Lot Coverage Area: Number of seats: 82.871 square feet (1.9 acres) 47,502 5.148 square feet (6.21 o.;,) 240 seats djacent Uses: (see Exhibit "A" - Location Map) North: Developed single-family homes with a Low Density Residential (LDR) land use classification and zoned Single-Family Residential (R-1AA); South: Canal right-of-way, father south is commercial development with a Local Retail Commercial (LRC) land use classification and zoned Community Commercial (C-3); East: Canal right-of-way, farther east is developed single-family homes with a Low Density Residential (LDR) land use classification and zoned Single-Family Residential (R-1AA); West: Hoadley Road right-of-way, farther west is a developed commercial plaza (Winn-Dixie) with a Local Retail Commercial (LRC) land use classification and zoned Community Commercial (C-3). -oposah Alfred Daise with Daise Management Corporation proposes to construct a one-stow 5.146 square foot church with 240 seats on a 1.9-acre parcel. All site development will occur in one phase. A church (place of worship) is a permitted use in the R-1AA zoning district. te Characteristics: The subject parcel is comprised cf two (2) square-shaped !ets Ic'cated on the east side of Hoadley Road near the terminus ol the right-of-way. The vacant lots are undeveloped. relatively flat in contour, and vegetated by field grasses. The site contains a scrub oak. several Cabbage palms, and a Strangler Fig. Several unidentified trees are located along and outside the west property line. The parcel is nestled in an area dominated by single- family homes. According to the sun,/ey, the asphalt of the right-of-way stops short of the subject property. The developer will be required to extend the asphalt of the Hoadley Road right-of-way. The existing width of the Hoadley Road right-of-way is 30 feet. By today's standards, this type of roadway (classification - local road) requires the right-of-way to be 50 feet in width. The actual pavement of Hoadley Road from Old Boynton Road to the subject property varies in width but is approximately 18 feet wide as it approaches the subject Page 2 New Alliance Haitian Church Site Plan Review Staff Reccr: Memorandum No. PZ 02-180 Concurrency: a. Traffic- b. Drainage- Driveways: Parking Facility: Landscaping: property. Therefore, approval cf this project is coniingent uccn the ~ranting cf a variance Io reduce the required width of the right-cC-way from 50 feet tc 30 feet in coniunction with the request for a sidewalk waiver (see Exhibit "C" - Conditions of Approval). If the sidewaik waiver were approved, it would e!iminate three (3) conditions of apcroval (Conditions #3 through #6). A traffic impact statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and a0proval. The Palm Beach County Traffic Division determined that the project would generate less than 200 new daily trips, and therefore, meets the Traffic Performance Standards of Palm Beach County. Conceptual drainage information was provided for tlie City's review. The City's concurrenc~ ordinance requires drainage ce~ification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solution,~'be deferred until time ~f 'permit review, when more complete engineering documents are required. The subject property fronts on Hoadley Road. Two (2) points of ingress / egress are proposed on Hoadley Road. Each point of ingress / egress will be 23 feet in width and separated approximately 180 feet from each other. The location of the entrances was determined to be in the optimal locations to allow for emergency and / or service vehicle ingress / egress. Both entrances will have adequate pavement markings and appropriate signage for safety purposes. Parking required for a place of worship is based on either one (1) parking space per 100 square feet of gross floor area or one (1) space per four (4) seats in the auditorium, whichever is more stringent. The more restrictive parking methodology will be based upon the total number of seats. A total of 63 parking spaces will be required for the project (includes office area). The proposed site plan provides a total of 63 parking spaces. The parking lot would surround the north and west sides of the building. Of the 63 parking spaces, three (3) spaces are designated for handicap use. All handicap spaces would be situated in close proximity to the building entrances in order to satisfy American with Disabilities Act (ADA) requirements. All new standard parking spaces will be angled 90 degrees. The dimensions of the standard parking spaces will be nine (9) feet in width by 18 feet in length, except for the handicap spaces, which will be 12 feet in width (with 5 feet of striping) by 18 feet in length. According to the site plan, the backup distance for the parking spaces and drive aisles will be 27 feet in width as required by code. The proposed pervious or "green" area of the lot will be ~t7.502 square feet or 57.32,3% of the total site. Much of the per,~ious area along Hoadley Road and to the south of the building will be used for wa[er retention purposes. The west landscape buffer (adjacent to Hoadley Road) will be approximately 40 feet in width. The landscape plan proposes five (5) Live Oak trees and three (3) clusters of Sabal Palm trees. I~ addition, two (2) Yellow Elder trees (signature tree) will be located on both sides of the project's entrances. A row of Viburnum and Blue Plumbago shrubs with clusters of Scheffle~ arboricola will be placted-within this west landscape buffer. The southern landscape buffer will basically contain 40 Slash Pine trees. No vehicular use areas are proposed alcr~g the '~cu~hem perimeter, which abuts a canal and commercial Page 3 New Alliance Haitian Church Site F!an Review Staff Report Memorandum No. PZ 02-180 Building / Site: Community Design: Signage: property. However, four (4i Live Oak trees and 'a row cf Redtip Cccoplum hedges a~ proposed along the east side of the parking lot and drive aisle (in Ihe southern potion of the site)._ Staff recommends extending ~he Redtip Coccplum hedges north, ward ,'c :he church's main east-west walkway to provide mcre vegetation in front of ~he churc~ (see Exhibit "C" - Conditions of Approval). The land. scaping around the building will consis[ of a cluster of three (3) Viburnum hedges. two (2) Pygmy Date palms, b,vo (2) Hibiscus trees, t,,vo (2) Crape My~le trees, a,'~d a rcw of Redtip Cocoplum Hedges. The north and east landscape buffers will be 20 feet inwioth. The no~h buffer will contain a landscape berm with a row of Viburnum hedge and Arena palm trees. In addition, six (6) Mahogany trees will line the no~hern landscape buffer. This plant material will serve as a significant buffer between the subject property and the single-family home to the north. The east buffer will have a row of Simpson Stopper hedge and six (6) Sweet Mahogany trees (see Exhibit "C" - Cbnditions of Approval).,, According to the landscape plan, all trees will be installed at least,15 feet from all outdoor f, re6~standing lighting fixtures. ~ · Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The proposed one-stow church building will have an overall height of 23 feet- four (4) inches. The maximum allowed height in the R-1AA zoning district is 30 feet. The building will be 59 feet- six (6) inches in length and 94 feet- four (4) inches in depth. As proposed, the exterior surface will be stuccoed and painted white (Sherwin Williams - SW#2123). The roof will be made of asphalt shingles (Gaf Timberline), which appear to be tan in color. The two (2) inch by eight (8) inch facia board will also be painted tan to match the roof. All window and door frames will be painted white (Sherwin Williams - SW#2123) to match the wall colors. Staff recommends incorporating more architectural enhancements (such as score lines) into the design to enhance the overall appearance of the building (see Exhibit "C" - Conditions of Approval). No wall or monument sign is proposed. All future signage will require additional review and approval by the Planning & Development Board. RECOMMENDATION: ~taff recommends that this site plan request be approved subject to the comments included in Exhibit "C" - 3onditions of Approval. Approval of this project will also be contingent upon the granting of a variance for a eduction in width for the road right-of-way in conjunction with the request for a sidewalk waiver. The Technical :leview Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of flans submitted for building permit. c: Central File ,,pi=mning\SHARED\WI~,PROJECTS\Hoadlcy Road Ch~urch\Staff Report.doc Location Map HOADLEYROAO CHURCH ;-XmlIBIT ..... R1AA R3 EX½tBiT DON SENATORE ARCHITECT *11 EXHiBiT '~" DON SENATOIq E ARf~HITECT EXHiE~T '~' .? DON SENATORE ~RCHIT£CT ~-X~tSiT B DON SENATORE ARCHITECT EXHIBIT ._-~_. i)O I~i SENATORE ARCHITECT EXHIBIT -2 i DON SENATORE ARCHITECT EXHIBIT '8' DON SENATORE ARCHITECT j DON SENATORE ARCHITECT EXHIBIT EXHIBIT "B" SITE PHTOMETRIC PLAN DON '~"i ,~'?'~c" ARCH!TECT EXH BiT DON SENATORE ARCHITECT EXHIBIT "B" DON SENATORE ARCHITECT EXHIBIT DON SENATORE ARCHITECT EXHIBIT "C" Conditions of Approval Project name: Hoadley Road Church File number: Nq, VSP 01-008 Reference: 3r~ revie~v plans identified as NWSP o!-!)08 with an .-kuzt~st 27. 200! Plannin,_, and Zonin,, Devartment date stamp mark. ina. Corttments: None DE PARTMENTS PUBLIC WORKS - General PUBLIC WORKS - Traffic Comments: None UTILITIES FNCLUDE X REJECT Comments: None FIRE Comments: None X X POLICE Comments: None X ENGI~'EERING DIVISION Comments: I. Show all existing utilities and connections on Site Characteristics Map (Survey) and Site D~velopment plan (LDR. Chapter 4. Section A.3). Indicate method and location of trash storage and pick-up, if a dumpster is to be used indicate location and provide detail for dumpster enclosure area (LDR, Chapter 7.5, Article II, Section 5.J.. Chapter 9, Section 10.C.3, and City of Boynton Beach Standard Drawing A-$8007). If roll~ out cans are to be utilized provide confirmation from Cit'5.' of Boynton Beach Public Works that this will be satisfactory. Garbage cans are not allowed in plain view. Provide screened enclosure or store cans behind the building. X X '9 Sidewalks on abutting streets are not identified. Sidewalks shall be tbur (4) feet ~vide along local itreets, and five (5) feet wide alon~ streets of higher classification (LDR. 'Chdpter 6. Article W, Sectjon'710.T., and Chapter 22. Article I, Section 5). The Cirv Engineer 'will 'reviexv the request for a sidewalk waiver. X COA 09,-~ 0_ DEPART.MENTS INCLUDE REJECT Sidewalks adjacent to parking lots shall be continuous through all driveways and shall be 6 in. thick within driveways (LDR, Chapter 23. Article II, Sectibn P). Indicate concrete strength required and specification(s)/standards to which sidewalk is to be constructed. Ensure that sidexvalks are handicap accessible at driveway intersections (LDR, Chapter 23, Article I, Section 1.B.5 and FL Accessibility, Code 4.6.3). Provide a signed and sealed survey, not older than six (6) months in conformance with the LDR, Cfi~pter 23, Article I, Section 5.B.2.Surveyor shall dimension the remainipg port/on of a lot(s) when,p~/rt of a lot is not included within the description. The adjoining property, to the north shall read "West 250 feet of Tract 59", not the "East 250 feet as shmvn" (for consistency with Legal Description.) Shmv the north right-of-way of CanalL-24 in relation to the south property line. 7. On Sheet C-2 show flow arrmvs for surface drainage. The road fight-of-way fronting the proposed Hoadley Road church lot(s) is currently only platted to be 30 feet wide. An additional 20 feet of road right-of-way will be required to be deeded to the City of Boynton Beach as part of this plan. Roadway ~vidths and surfacing sections shall be in accordance with all applicable sections of the Land Development Regulations (LDR, Chapter 6, Article IV, Section 10.B-D). Prior to the issuance of any building permit, si=~ned and sealed plans shall be submitted and approved for the construction of Hoadley Road to its termination point per City Standard B-91005. A permit will be required for construction within the public right-of-way. The City En~neer will review the request-for a variance from the 50 feet road right-of-way requirement. Existing trees on the west side of the properzy ma3' require removal based on caliper size for clear zone purposes. 10. The import of any fill will require both a tree survey and an excavation/fill pm mit. BUILDING DIVISION Comments: 1l. Identify within the site da{~:i t~e finish floor elevatio~ (lo,vest floor elevation) that is proposed for the building. Verify thai th'e proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the tbllowine issues [Section X X X X X X X X COA 09/25/02 3 12. DEPARTMENTS 3107.1.2, Chapter 31 of the Boynton Beach amendments to the 1997 edition of the Standard Building Code]:The desig'n professional-or:record for the project shall add the following text to the site data. "The proposed finish floor elevation __ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the South Florida Water Management District's surface water management construction development regulations."From the FI~X,I map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. Identify the floor elevation that the design professional has established for the building within the footprint of the building that is sho~vn on the drawings titled site plan, floor plan and pavin~ drainage'(civil plans). .. At time of permit review, provide a completed and exeduted City unity of title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions of each property that is being unified is required to be submitted to process the form. The property owner that is identified on each deed shall match. 13. At time of permit revie~v, submit signed and sealed working drawings of the proposed construction. 14. At time of permit review, submit for review an addressing plan for the proiect. PARKS A_ND RECREATION Comments: None FO RE STER/ENVIROb3IENTALIST Comments: 15. The applicant should indicate on the landscape plans the specific, existing desirable trees that will be preserved, relocated on site, or removed and replaced on the site. Corrlments: PLA.N~'N'ING AND ZONING 16. Approval of this project is~:ontingent upon the ~anting of a variance for the reduction in width of the .H. oa~ley Road right-of-way. 17. Approval of this project is contingent upon the review ar~/approval of a request for sidewalk waiver. The City Engineer will determine the appropriateness of this request. .. D4CLUDE X X X X X X X REJECT COA 09,'25/02 DEPARTMENTS ['NCLUDE I REJECT 18. The landscape plan must show all proposed parking spaces. The X configuration of the parking lot and the total number of parking spaces must match bem/een all plans. 19. All hedge material shall be installed at least 24 inches in height, 24 inches X in spread, with tip to tip spacing (Simpson's Stopper and Redtip Cocoplum). 20. At the southern portion of the site, .just east of the parking lot, the X landscape plan proposes four (4) Live Oak trees and a row of Redtip Cocoplum hedges. Staff recommends extending this row of Redtip Cocoplum hedges northward to'the church's main east-west walkxvay. 21. All above ground mechanic~al equipment such as extei'ior ti{ility boxes, X meters, transformers, and back-flow preventers shall be visually screened with appropriate landscaping / hedge material (Chapter 9, Section 10.C.4.). 22. Staff recommends duplicating the "Rose Window" (proposed on the ~vest X elevation) and incorporating it into the design of the east elevation. Staff recommends that all windows be made of dark glass since the building will be light in color. Staff also recommends including two (2) long and narrow windows into the design of the east elevation as well. 23. Staff recommends planting more foundation landscaping and tall growing X palm trees on the east side of the building to enhance the visual appearance of the building. ADDITIONAL PLA~,:'NING & DE~'-ELOPMENT BOARD COMblENTS: Comments: 24. City shall upgrade southern portion of Hoadley Road ~vhich appears X substandard relative to the northern portion of the road, and provide turn- a-round and other deficient infrastructure. ADDITIONAL CITY COMMISSION CObI3IENTS: Comments: 25. To be determined. MWR,'elj '-' DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: New Haitian Alliance Church APPLICANT: Alfred Daise with Daise Management Corporation APPLICANT'S ADDRESS: P.O. Box 1185, Loxahatchee, FL 33470 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 1, 2002 TYPE OF RELIEF SOUGHT: New Site Plan for a church facility LOCATION OF PROPEJ~TY: East side of Hoadley Road, approximately 850 feet south of Old Boynton Road DP, AWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda appeadng on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Plannirrg and Development Bo~d, which Board found as follows: THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flodda on the date of headng stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 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 This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordanc~ with the terms and conditions of this order. Other DATED: S;\Planning\SHARED~WI:~PROJECTS~Hoadley Road Church\DO.doc .~i~ Clerk PUBLIC WORKS DEPARTMENT MEMORANDUM g02-0149 TO: Kurt Bressner, City Manager FROM: - Jeffrey R. Livergood, Public Works Director SUB J: New Haitian Alliance Church DATE: October 10, 2002 At it's meeting on October 1, 2002, the City Commission reviewed plans for a proposed church on the southerly end of Hoadley Road, south of old Boynton road, in the City of Boynton Beach. The New Haitian Alliance Church group has proposed the placement of 5,146 sq ft church on a vacant parcel of property that is slightly greater than 1 acre in size. Church representatives have proceeded through the staffbased technical review committee process as well as the Planning and Development Board. The matter has now come before the City Commission. On October I, the Commission tabled action on the new Haitian Alliance Church in deference to a comment by the Planning & Development Board that the City should be responsible for roadwork improvements on Hoadley Road south of Velaire. City staffhas been consistent through the entire review process and has required that the church developer be responsible for all public infrastructure improvements that are necessary to support the proposed land use on the south end of Hoadley Road. As part of the review process, staff found that it was necessary for the church developer to provide a water main from Old Boynton Road to the southerly terminus of Hoadley Road in order to provide water to the church property. Furthermore staff found that the existing pavement width to be deficient on Hoadley Road south of Velaire to the southerly terminus of Hoadley Road where the church property begins. As a result of substandard road width, staff also recommended that the church developer be required to improve Hoadley Road south of Velaire such that the minimum width of the pavement be 22 ft. xvide. Staff believes that it is appropriate to provide you and the City Commission with background .justification regarding staff's recommendations. As part of the plan review process staff reviewed a traffic impact analysis conducted by Kimley-Hom & Associates, Inc. dated November 29, 2001. This report provided by Kimley-Horn evaluates traffic impact according to the Palm Beach County traffic performance standards ordinance. Therefore Kimley-Horn has evaluated traffic impact on the regional roadway network and finds that the impact of traffic volume generated by the proposed church will be of minimal consequence on Old Boynton Road. Therefore it is the opinion of Kimmel-Horn that the new Haitian Alliance Church meets the conditions of Palm Beach County's traffic performance standards and that there are no off site road way improvements required. Kimley-Horn bases this analysis on the weekday traffic analysis only. Staff, however, is concerned that churches generally generate a higher traffic volume on Sundays when church is in session. Therefore, the Public Works staff has applied Sunday trip generation rates and finds that for a church based upon 5,146 gross sq t~ of floor area that there would be 162 traffic trips generated per a day on a Sunday. The peak hour traffic on a Sunday according to Trip Generation Rates published by The Institute of Transportation Engineers is approximately 70 trips during the peak hour. For reference staff has utilized the fourth generation of the Institute of Transportation Engineers Trip Generation Manual. As noted, staff is concerned that the church will generate 162 trips per day on a Sunday. This contrasts with K. irrdey.-Horn's analysis that suggests that there would be 48 additional traffic trips on a weekday;' BecaUSe staffnotes that there would be 162 additional trips on a Sunday, staff is concerned that the existing pavement structure on Hoadley Road is of insufficient width in order to accommodate the additional traffic volume upon this roadway segment. Therefore, Development s~aff's recommendation to support the proposed land use (Church) on Hoadley Road is contingent~upon the church developer improving the Hoadley Road pavement within the existing 30 ft right of way. The most pronounced impediment to roadway improvements on Hoadley Road way is the fact that there is only 30 feet of right a way dedicated to public roadway purposes. As one might imagine, it is very difficult to place a 22 ft wide road way surface within a 30 ft wide space and still accommodate roadway, drainage, and landscape elements. Therefore staff finds that it would be necessary to remove a significant amount of landscaping within the Hoadley right a way in order to accommodate the road way widening to support the additional traffic. Staff believes that in order to accommodate the road way improvements as well as the placement of the water main on the west side of the Hoadley Road right of way it would be necessary to remove all trees in the westerly right of way. Staff also believes that it would be necessary to remove the sea grapes that serve as a visual landscape barrier to the masonry wall that exist between the Hoadley Road right of way and the commercial development to the west. Even if the roadway improvements were not constructed and only a water main was placed in the western portion of the right of way, the normal construction techniques and excavation for the water main would, in all likelihood, kill the sea grapes anyway. Thus staff believes it important to note to you, the Commission, and the public that the placement of the water main and the subsequent road way widening will have a significant visual impact upon the neighborhood. Staff is not pleased with this. However, the realty is that we are dealing with a mere 30 feet of right of way in order to construct a 22 ft wide paved surface and place a public water main. It would be possible to shift the roadway area to the east. However, this would require the church to acquire property from owners along the east side of Hoadley Road. This may not be a viable solution. At the Planning & Development Board meeting and the last City Commission meeting, there was discussion relative to who bears the responsibility for paying for public improvements necessary to support the New Haitian Alliance Church. The City of Boynton Beach, as is common in other cities throughout the country, has always required developers to fund and place necessary improvements to support their private developments rather then rely on public tax dollars. Essentially that's how are cities are built. It is rare that cities will fund public infrastructure needs unless there are defined economic incentives attached. However, in this scenario there are a number of public infrastructure elements that could be considered as deficient even without the construction oft. he new Haitian Alliance Church. For example, neighbors have made it very clear to city staffthat there is a defined storm water drainage problem in the general Venetian Isles area. Staff acknowledges that widening the pavement on Hoadley Road will add to the storm water deficiency however not to the degree that the church developer should be required to fund and consla'uct storm water improvements on Hoadley Road. Staffbelieves that the storm water improvements should be designed, constructed, and financed by the City of Boynton Beach. However it is unlikely that these improvements will be in place prior to the construction of the church and the necessary roadway improvements on Hoadley Road. Therefore staff recommends that the city endeavor to construct these storm water improvements in the Venetian Isles area and on Hoadley Road as soon as practical. With respect to the roadway, staff continues to believe that it is the responsibility of the developer to provide the necessary improvements to accommodate the additional traffic volume generated by the church. Staffhas opined that there would be an additional 162 traffic trips generated per a day on a Sunday. along this portion of the roadway that corresponds with the church traffic. This compares to appro//rn~tely 30 vehicles per a day at most that currently exist on Hoadley Road south of Velaire. However, because the city should provide future storm drainage improvements, staff does not believe that the church developer should be required to fund 100% of the roadway improvements.-Rather staff believes that it should be the developer's responsibility to provide asphalt widening as part of the water main construction. As part of future storm drainage improvements, the city should be required to completely resurface and renovate Hoadley Road. Therefore staff believes that a shared approach to cost expense for improvements required to support the church is desirable. Staff recommends the following actions: The church developer should be required to fund and construct the following improvements: A. Water main from Old Boynton Road to the southerly terminus of Hoadley Road. B. Road widening on the west side of pavement to accommodate a 22ft pavement width from Velaire to the southerly terminus of Hoadley Road where the development begins. C. All infi'astmcture in the public right of way adjacent to the church property this includes pavement, water main, etc. D. All lxee removals and landscape removal on the western side of the Hoadley Road pavement in order to accommodate the road widening and water main construction. E. All other public improvements as required by staff and noted on the plans shall be constructed and the cost of same borne by the Church developer. Staff believes that it is city responsibility to endeavor to quickly construct storm water drainage improvements in the Venetian Isles area, particularly along Hoadley Road. Staff furthermore believes that it is the city's responsibility to place the final asphalt surface course on Hoadley Road south of Velaire to the church property rather than having the church place this asphalt surface course at this time. For reference, staffhas suggested that it be the church's responsibility to fund and construct the pavement and widening from Velaire south to the subject parcel. Staff estimates that the cost of this pavement widening is approximately $5,700, assuming that the water main is placed in the western portion of the right of way and is back filled with aggregate fill suitable for pavement base. If I can provide you with additional information please feel contact me. Xc: Quintus Green, Director of Development Petioner IL/dc OCT I.~ VII.-CONSENT AGENDA CITY OF BOYNTON BEACI ITEM D.2 AGENDA ITEM REQUEST FOK ,. Requested City comrmssion 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 Comnussion Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5. 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the November 6, 2002 City Commission Agenda un~e~ Consent Agenda. The Planning and Development Board with a 5 to 2 vote, recommended that the subject request b~ approved, subject to staff comments and two (2) additional conditions that limit the project to one (1) site sign, and that reference the procedural agreement executed between the City's Fire Chief, Bill Bingham and Mr. Bill Russell, Chief Operating Officer/Vice President for The Watershed Treatment Program. For further details pertaining to the request, see attached Department of Development Memorandum No. P'Z 02-219. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: The Watershed (NWSP 02-015) Gary J. Rito, Codina Development Corporation for The Watershed - Act II, Inc. Quantum Limited Partners, LTD. Lots 48 A, B, C and D, Quantum Park PID Request for site plan approval for a 282,404 square foot, 332-bed rehabilitation hospital on a 6.48-acre site in the Quantum Park PID. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~'~/// N/A Develol~en~ D~lpa~ment Director Ctty Manager s S~gnature Planning and Zonitqg'birector City Attorney / Finance / Human Resources S:~Planning~SHARED\WI:~PROJECTS\The Watershed Act Il, Inc~qWSP 02-015~Agenda Item Request Watershed (NWSP 02-015) 11-6-02.dot S:~BULLETIN~FORMS~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-219 SITE PLAN REVIEW STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION October 14, 2002 DESCRIPTION OF PROJECT Project Name/No.' The Watershed / NWSP 02-015 Property Owner: ApplicantJAgent: Location: Quantum Limited Partners, LTD. The Watershed, Act II, Inc./GaryJ. Rito, Codina Development Corp. Lots 48A, 48B, 48C, and 48D Quantum Park P.I.D. Land Use/Zoning: Industrial with the Quantum Master Plan designation of Ofice-lndustrial (OI) / Planned Industrial De,,elopment (PID) Type of Use: Project size: Rehabilitation Hospital Site Area: Building Area: Number of Beds: 6.48 acres (282,404 square feet) 38,087 square feet (13.4%) 332 Beds Adjacent Uses: (see Exhibit "A" - Location Map) North - Park Ridge Boulevard right-of-way, and farther north Publix distribution facility, zoned PID; South Right-of-way for the SFWMD C-16 Canal and farther south Pioneer Canal Park zoned Recreation (REC) and single-family residential zoned R-l-AA; East Canada Dry Distribution facility zoned PID; and Site Characteristics: Proposal: West Right-of-way for Beta Drive and farther west PJM & Associates manufacturing facility, zoned PID. The subject property is a rectangular-shaped tract of undeveloped land, composed of four parcels. Dense vegetation appears throughout most of the property. A tree management plan was submitted with the application. No recognized environmental conditions were identified within the subject property. Mr. Gary J. Rito with Codina Development Corp., agent for The Watershed Act II, Inc. is requesting site plan approval to construct a 344 bed substance abuse rehabilitation hospital on the above referenced lots (see Exhibit "B" - Proposed Site Plan). On June 4, 2002, the City Commission approved a Use Approval application for this facility. The project is to be constructed in three phases (see Exhibit "B" Proposed Site Plan). Concurrency: a. Traffic- A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. Staff has received confirmation from Palm Beach County's Traffic Division Page 2 The Watershed (NWSP 02-015) - Site Plan Staff Report Memorandum No. PZ 02-219 b. Drainage- Driveways: Parking Facility: Landscaping: regarding standards compliance. Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. On-site traffic circulation will consist of two (2) proposed two-way driveways providing access from Beta Drive. A stabilized fire access is located in the northeast corner of the site along Park Ridge Boulevard. The north entrance contains a 12-foot wide entrance lane and a 12-foot wide exit lane, separated by a curbed median four (4) feet in width. The southern access will serve as the major entrance for the project. It consists of 15-foot ingress and egress drive aisles separated by a 10 foot curbed median. Both entrances will be gated. The development design separates the parking into two areas. The majority of the required parking is located in the north portion of the site along Park Ridge Boulevard. A total of 111 spaces are required for the proposed use based on the ratio of one (1) space per three (3) beds. A total of 143 spaces are provided including five (5) handicapped spaces. All spaces, except handicap spaces will be dimensioned nine feet by eighteen feet (9' x 18'). The site plan depicts two parking areas. One is located at the south of the site around the main building. There are a total of 19 regular spaces and three (3) handicapped spaces located in this area. There is a circular drop-off area at the front entrance to the main building. The loading and dumpster areas are located in the southwest corner of the site and are accessed by the south or main entrance. The second parking area is located in the northern portion of the site containing the balance of the parking spaces. The parking lots are connected by two (2), eight (8) feot sidewalks that traverse the site. The proposed landscape plan exceeds the minimum code requirements. The applicant submitted a tree management plan indicating trees to be saved relocated or removed from the site. The total pervious or "green" area is 107,359 square feet or 38% of the total site. The South Florida Water Management District (SFWMD) easement provides an additional 5% pervious area. Live Oak trees will be placed off-site in the swale area along Park Ridge Boulevard. The 20 foot north buffer will contain Live Oak trees, a Cocoplum hedge, Dwarf Schefflera, Pittisporum and Lantana ground cover. This landscape design continues around the corner along the 20 foot buffer on the west side of the site. The two entranceways located on Beta Drive are heavily landscaped with palms, shrubs, colorful groundcover and Yellow Elder trees. A 40-foot wide landscape buffer (Quantum Park P.I.D. buffer requirement) will be located along the southern boundary adjacent to the C-16 Boynton Canal. It will be planted in accordance with the Quantum Park buffer planting plan. This Page 3 The Watershed (NWSP 02-015) - Site Plan Staff Reoort Memorandum No. PZ 02-219 Building and Site: Community Design: Signage: heavy landscaping together with canal right-of-way will provide a significant buffer between the residential development to the south and [he proposed rehabilitation hospital. No fencing is proposed in this area. A six (6) foot chain link fence exists along the east property line which separates the proposed hospital from the Canada Dry distribution facility. Pongam trees are proposed for this 15 foot green area along the east property line of the project. The interior and terminal landscaped islands in the parking areas will be planted with Live Oak trees. The dumpster enclosure located in the southwest portion of the site will be landscaped on all three (3) sides with a Youpon hedge. Each of the proposed buildings will have extensive foundation plantings as well as the interior of the site along the eight (8) foot walkways. Building and site regulations will be fully met when staff comments are incorporated into the permit drav,,ings. The project will be constructed in three (3) phases using a campus type site layout. The first phase includes a four-stow main building which will contain offices, meeting rooms, kitchen, dining room and 120 patient rooms. Phase One also includes: a one stow, 174 seat auditorium; pavilion; one stow fitness room/cabana and a pool. Both phases Two and Three will include one, three- stow building. These buildings are identical in size. Each will house 106 additional patient rooms. The buildings have a Mediterranean design with a textured stucco finish and tile roofs. The roofs will have a two-tone look using Monier Terracotta Antique and Goldenrod tiles. The maximum building height is 45 feet for the four stow main building. However, the decorative towers on this building extend past the maximum PID district height limitation and will require a Height Exception (see Conditions of Approval). The building facades will be painted using three base colors in the yellow/gold palette (Colorwheel Desert Vista, Sahara Gold and Soft Gold). The accent color is Colorvvheel Honeywind. All facades are accented with score lines, banding and decorative window and door casings. The main building will have a port cochere at the entrance. The project design is compatible with the high development standards associated with the Quantum Park PID. The Quantum Architectural Review Committee must issue an approval letter for the project (See Conditions of Approval). The applicant is proposing one (1) monument sign to be located at the northwest corner of the site. The monument sign dimensions and style will conform to the sign program for the Quantum Park P.I.D. Staff recommends that the sign detail include the propertyaddress at the top of the sign. Page 4 The Watershed (NWSP 02-015) - Site Plan Staff R~por~ Memorandum No. PZ 02-219 RECOMMENDATION: Staff recommends that this site plan request be approved, subject to the comments included in Exhibit "C" - Conditions of Approval. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. ~c: Cen~r31 ~,ie S P!anning~SHA~ED\WP'PROSECTS',The '~.,'atersr~ed ~ct !f. Inc Staff repcrt NWSP-02-015 doc Location Map The Watershed QUANTUM B ~ C3 PUD~-- EDIT --z PID LWDD E-4 R1AA qAL QUANTUM-PARK ..... -,~--~ PID EXHIBIT "A" "4 EXHIBIT "B" ~ . n CD (.~ uJ .-~ . zl EXHIBIT "B" ~ NO.LNA09 EXHIBIT I 'I~N~O EXHIBIT "B" CII:~AD'II'IOG ::lOall:l Nl:iYd EXHIBIT "B" i EXHIBIT "B" ~ EXHIBIT "B" EXHIBIT P EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" j j¸ ; EXHIBIT "B" ,I EXHIBIT "B" ~ .ri EXHIBIT "B" Cji EXHIBIT "B" !ii! ~ , EXHIBIT "B" !I il EXHIBIT "B" [ EXHIBIT "C" Conditions of Approval Project name: The Watershed File number: NWSP 02-015 Reference: 2nd review plans identified as a New Site Plan with an October 8, 2002 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. A clear area of 10 feet x 10 feet is not provided in the interior of the dumpster X enclosure per the enclosure detail. Please correct discrepancies at time of permitting. PUBLIC WORKS- Traffic Comments: 2. Widen the ingress and egress lanes at the north driveway to a minimum of 12 X foot each at time of permitting. The type F curb and gutter does not count as driving surface. 3. An administrative waiver from Engineering will be required for both the X north and south driveways, which are in excess of the maximum allowable width of 36 feet UTILITIES Comments: 4. Palm Beach County Health Department permits will be required for the X water and sewer systems serving this project (CODE, Section 26-12). 5. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE, Section 26-16(b)). 6. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. FIRE Comments: None X Conditions of Approval DEPARTMENTS INCLUDE REJECT POLICE Comments: None X ENGINEERING DIVISION Comments: 7. An Excavation & Fill permit will be required for this development. X 8. All invert callouts for catch basins were not indicated on the plans. Please X complete the callouts for Catch Basin #6, 7, 8, 11,12, 13, 16, and the existing catch basins at time of permitting. 9. Show existing and proposed position of street lights to be relocated on Beta X Drive at time of permitting. 10. Provide feather/taper detail from Section C-C to Section B-B (Sheet C-2 of X 6) at time of permitting. 11. Identify timing of the proposed phases for this project. Will all X infrastructure be constructed during Phase One? Please clarify on the plans at time of permitting. BUILDING DIVISION Comments: 12. At time of permit review, provide a completed and executed City of X Boynton Beach Unity of Title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions, of each property that is being unified, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 13. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 14. At time of permit review, submit for review an addressing plan for the X project. t5. The number of patient rooms required to be handicap accessible shall X comply with Chapter 11-6 of the 2001 Florida Building Code. PARKS AND RECREATION Comments: None X DEPARTMENTS INCLUT)E REJECT FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 16. Height exception is required for the tower features on the main Phase I X building. (Ch.2, Section 4.F.) 17. Provide a letter of approval for the Quantum Park Architectural Review X Committee prior to the Planning & Development Board meeting. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 18. Project is to be limited to one (1) site sign. X Reference the procedural agreement executed between the City's Fire Chief, X Bill Bingham and Mr. Bill Russell, Chief Operating Officer/Vice President of The Watershed Treatment Program. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP~PROJECTS\The Watershed Act II, Inc\NWSP 02-015\Condition of Approval 2 page revised 2002 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Watershed APPLICANT'S AGENT: Gary J. Rito, Codina Development Corp. APPLICANT'S ADDRESS: 2200 North Commerce Pkwy. Suite 110 Weston, FL 33315 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 6, 2002 TYPE OF RELIEF SOUGHT: New Site Plan Approval for a 332 bed rehabilitation hospital on a 6.48 acre parcel in a PID. LOCATION OF PROPERTY: Lots 48A, 48B, 48C, and 48D Quantum Park P.I.D DRAWING{S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant __ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby __ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning\SHARED\WP~PROJECTS\The Waterst~ed Act II. Inc\NWSP 02-015~DO.doc City Clerk VII.-CONSENT AGENDA ITEM D.3. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FOl w Requested City Commission Date Final Form Must be Turned Requested City conumssion Meeting Dates in to City Clerk's Office Meeting Dates [] August6, 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 [] Announcement [] Presentation [] City Manager's Report ro ~. ~"~ RECOMMENDATION: Please place this request on the November 6, 2002 City Commission Agenda un.d~r Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject reql~st approved, subject to staff comments, the deletion of condition # 15 as it is satisfied, and the amendment of condition~ 8 t~'~ allow four (4) double-sided site signs increasing the limitation from two (2). For further details pertaining to the reqaest, so~~ ':'..~, attached Department of Development Memorandum No. PZ 02-217. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Quantum Park Lots 73 A & B, 74, 75, 76 (NWSP 02-016) Winston Lee & Associates, Inc. Premier Gateway Center at Quantum, LLP 1940, 1960, 1980 High Ridge Road, Quantum Park PID Request for site plan approval for a 196,554 square foot industrial/warehouse/retail building on a 13.75-acre site in the Quantum Park PID. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Devel615'me~t Department Director ~~nature Planning and Zoning/Di~tector City Attorney / Finance / Human Resources S:XPIanning~SHARED\WP~ROJECTS\Quantum park lot 73a-76XNWSP 02-016XAgenda Item RequestQuantum Pk Lots 73A,B,74-76 (NWSP 02-016) 6-02.dot S:\BULLETIN~ORMSLa, GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-217 SITE PLAN REVIEW STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION October 11, 2002 DESCRIPTION OF PROJECT Project Name/No.: Quantum Park Lots 73A, 73-B - 76 / NWSP 02-016 Property Owner: Premier Gateway Center at Quantum, LLP Applicant: Premier Gateway Center at Quantum, LLP Agent: Winston Lee, ASLA, AICP (Winston Lee & Associates) Location: Lots 73-A, 73-B, 74, 75, and 76 of Quantum Park, a P.I.D. Land Use/Zoning: Lots 73-A, 73-B, 74, and 75: Industrial with an Office and Industrial (OI) Master Plan designation / PID (Planned Industrial District) Lot 76: Industrial with an Office - Industrial - Commercial (OIC) Master Plan designation / PID (Planned Industrial District) Type of Use: Office / Commercial / Warehouse Project size: Site Area: Building area: Covered entries: 598,143 square feet (13.75 acres) 195,143 square feet (32.5%) 866 square feet Adjacent Uses: (see Exhibit "A" - Location Map) North Carmax on Lots 77-80 of Quantum Park, zoned PID; South Ademco Distribution (warehouse) at 3020 High Ridge Road, zoned M-l; East - C.S.X. Railroad right-of-way, farther east is Interstate 95 right-of-way; West High Ridge Road right-of-way, farther west are Lots 56 & 57 of Quantum Park, vacant, zoned PID. Site Characteristics: The subject site is rectangular-shaped, comprised of five (5) separate lots which will be joined together by a unity of title. The property is located in the southeast corner of the Quantum Park PID. High Ridge Road flanks the site to the west and the C.S.X. Railroad to the east. At present, a shellrock road traverses the property's eastern perimeter. This road runs parallel to the west of the C.S.X. railroad tracks. These railroad tracks run in a northwesterly direction, eventually terminating into a railroad spur, forming the subject property's northern boundary. This railroad spur separates the subject site from the Carmax facility to the north. The 2001 Soft Survey for Palm Beach County Area, F/or/da indicates that the site contains ScB St. Lucie Sand. St. Lucie Sand consists of nearly level to sloping excessively drained deep sandy soil on long narrow dune-like coastal ridges and knolls. The water table is below a depth of six (6) feet. The entire site can be categorized as disturbed Australian pine forest and old-field conditions dominated by dense stands of Australian pine trees. There are no wetlands or wetland conditions identified on site during this investigation. Two inactive gopher tortoisr burrows were identified and tagged with survey ribbon. This Species of Special Concern can b, relocated with a permit from the Florida Fish and Wildlife Conservation Commission. No other protected plants and animals were observed utilizing this site during the survey period. Page 2 Quantum Park Lots 73A, 73-8 - 76 - Site Plan Review S~.aff Report Memorandum No. PZ 02-217 oposal: Concurrency: a. Traffic- b. Drainage- Driveways: Parking Facility: Landscaping: On August 7, 2001, the City Commission approved 'this site for a 196,486 square-foot office / industrial building. Subsequently, no building permit activity occurred on the project and the site plan that was approved, expired on August 7, 2002. This project is a near duplicate of that building, however, the building has been flipped around and the overhead bay doors will now face High Ridge Road. Also, a commercial component will be incorporated into the design of the building for that portion that extends onto Lot 76. Only Lot 76 allows for commercial uses because of its Office / Industrial / Commercial Master Plan designation. Commercial uses are confined to that portion of the building located on that lot as identified on the site plan. This proposal is to construct a one-story, 195,143 square-foot office / commercial / warehouse building on a 13.75-acre parcel. Of the total building area, 32,101 square feet or 16.4% will be allocated for office use, 33,747 square feet or 17.2% will be allocated for commercial use, and the remaining 129,386 square feet (66.3%) will be warehouse, storage, and mechanical equipment space. The design of the building will accommodate many individual tenants. As currently proposed, the specifications for each bay area are conceptual and may vary in order to satisfy the needs of the individual tenant and applicable codes. Five dumpster enclosures will be located to the west of the building next to the loading docks. Fifty-eight (58) overhead doors for loading areas are proposed on the west side of the building (see west elevations). The entire project is to be constructed in one phase (see Exhibit "B" Proposed Site Plan). A revised traffic statement for this project was submitted and was sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division has not yet determined if the project meets the Traffic Performance Standards of Palm Beach County (see Exhibit "C" - Conditions of Approval). Conceptual drainage information was provided for the City's review. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review. On-site traffic circulation will consist of four (4) proposed two-way driveways providing access from High Ridge Road. Under normal circumstances, no more than two interior entrances per developable parcel are permitted. The four entrances are allowed however because the project is comprised of five (5) separate lots. A total of 438 parking spaces are required for the proposed use based on the ratio of one (1) space per 800 square feet of warehouse floor area, one (1) parking space per 200 square feet of commercial area, and one (1) space per 300 square feet of office area. The total number of parking spaces provided equals 422, of which, nine (9) spaces are designated for handicap use. All 90" spaces, except the eight handicap spaces will be dimensioned nine feet by eighteen feet (9' x 18') and will include wheelstops. The parking spaces and drive aisles will surround all sides of the building, except in locations where loading zones are proposed. All handicap spaces will be located in the front of the building, closest to the proposed building entrances. At present, the site contains an abundant collection of exotic vegetation consisting mostly of Australian Pine trees. As proposed, the landscape plan exceeds the minimum landscape requirements as set forth in the City Code. The proposed pervious or "green" area is 133,000 square feet or 22% of the total site. Currently, the swale of the High Ridge Road right-of-way contains mature Black Olive trees. These Black Olive trees will remain in place except in those areas where new entrances are proposed. At these new entranceways, the Black Olives will be replaced with Live Oak trees. These replacement trees will be in compliance with the current landscaping code (see Exhibit "C" - Conditions of Approval). Page 3 Quantum Park Lots 73A, 73-B - 76 - Site Plan Review Staff Report Memorandum No. PZ 02-217 Building and Site: Community Design: The proposed site plan is nearly a duplicate of"the plan that was approved by the C Commission in 2001 in terms of landscape material, quantity, and location. Live Oak trees wiil be planted every 30 feet in the front landscape buffer along High Ridge Road. In addition, the west landscape buffer will contain a row of Redtip Cocoplum and Wax Jasmine and clusters of Dwarf Schefilera and Pittosporum. The interior and terminal landscape islands in the parking area west of the building will have Tibouchina Granulsola and Live Oak trees. The five (5) dumpster enclosures located west of the building will have landscaping on alt three (3) sides. This landscaping will consist of Foxtail Palm trees and Hibiscus hedges. A row of Hibiscus shrubs and Viburnum will be planted at the bottom of the east building fa(;ade where the front entrances are proposed. The interior and terminal landscaped islands in the parking area east of the building will Royal Palm trees mixed with Dwarf Shefflera shrubs and Evergreen Liriope groundcover planted at the base of the trees. In the north side landscape buffer, Washington Palm trees will be planted every 30 feet with Wax Myrtle shrubs planted at the base to screen the vehicular use area from the C.S.X. railroad spur. Live Oak trees and Redtip Cocoplum hedges will also be planted in the parking area north of the building. Dahoon Holly trees and Wax Myrtle hedges will be planted along the southern property line in the south side landscape buffer. The east landscape buffer will be over 40 feet in width. This heavily landscaped rear buffer along the eastern property line runs parallel with the C.S.X. railroad tracks. The buffer will contain Date Palm trees spaced every 60 feet. Clusters of Bouganvillea and Hibiscus shrubs will be planted at the base of each Date Palm tree. Bouganvillea and Ixora "Nora Grant" shrubs will be planted in between each Date Palm clusters. This is consistent with the perimeter buffer plan for thc, Quantum Park PID. Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The proposed building will be a one-story structure with the top of the parapet (flat roof) to be 33 feet in height. The building front will be 986 feet in length and 200 feet in depth (excluding the pump room). Seven (7) entrance features will interrupt the expansive length of the front fa(;ade. The four (4) false "towers" will be 45 feet - 5 inches in height at the top of the pitched roof. The architectural design will consist of Benjamin Moore Fine-Texture Tex-Cote on concrete walls painted light yellow (Benjamin Moore # 918) accented with three (3) rows of three-inch wide reveal score lines painted very light green (Benjamin Moore # 844). Four (4) of the eight (8) entrance features will be finished with Benjamin Moore Extra Course - Texture on Tex-Cote concrete walls painted light tan (Benjamin Moore # 1143). According to Chapter 9, Section 11.J. (Community Design), overhead bay doors are not permitted on the building fa(;ade that faces High Ridge Road (west side). As proposed, the overhead bay doors will be located on the west building fa(;ade. Technically, the west side of the building is the front of the building but functionally and aesthetically, the east side will be the building front. The applicant anticipates that the building will have higher visibility from 1-95 rather than High Ridge Road, hence the architectural enhancements to the east elevation. Regardless, the approval of this site plan will be contingent upon the approval of the Community Design Appeal (CDPA 02-001 ) to allow the overhead bay doors to be seen from High Ridge Road. The proposed building fa(;ade facing Interstate 1-95 has been appropriately designed to be architecturally compatible with this industrial use area. Each window on the front facade will b' at minimum 15 feet in width by 9 feet in height. The windows will be tinted dark green storefro, glass with white aluminum frames and equipped with Dade County approved metal Iouvered "Bahama" shutter system painted green (Benjamin Moore # 622). The entrance doors will have the same appearance as the windows. Page 4 Quantum Park Lots 73A. 73-B - 76 - Site Plan Review Staff Report Memorandum No. PZ 02-217 Signage: Wall signs are proposed on all building sides. Ten (10) wall signs are proposed on the east elevation facing 1-95. Two (2) wail signs are proposed on both the north and south sides of the buildings. The sizes of the wall signs will range between 60 square feet to 140 square feet although cumulatively they may not exceed 986 square feet (see Exhibit "C" - Conditions of Approval). The dimensions and design graphics shall be submitted as part of this plan review process. The plan proposes five (5) freestanding monument signs. According to Chapter 21, Article IV, Section 5.B., the site will only be allowed to have one (1) double faced free standing monument sign or two (2) single faced free standing monument signs (see Exhibit "C" - Conditions of Approval). These monument signs will be 12 feet in length and 3 feet - 6 inches in height. The face of the monument sign will be a removable alucobond insert painted forest green. The letters will be of the aluminum channel variety painted beige. The monument sign face and letters will be framed on both sides with an aluminum structure painted forest green. The monument sign design is consistent with the Master Signage Plan for the Quantum Park PID. RECOMMENDATION: Staff recommends site plan approval contingent upon the approval of Community Design Plan Appeal (CDPA 02-001) and subject to the comments included in Exhibit "C" - Conditions of Approval. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File nnlng,,$HARED\WP\PROJECTS'Quantum park lot 73a-?6\NWSP 02-016\Staff rep,orr.doc LOCATION MAP Quantum Park Lots 73A-76 'x, N I:DT '--, I1%1 J / CITY EXHIBIT "A" REC! ~ Mq EXHIBIT "B" FI] CO CO ---t rtl Z Fq Fq C rtl U3 0u) 7 03 EXHIBIT "B" EXHIBIT "B" - ------, : . i I" ~ 1'~", J:ll ~ J ' ' ,~: ~ : ',,i~ .... ~' "- ~ ~ ~ ~' hi: I~ ~:~t~ I : ~: '~"" ~.; lq-~:~:'' I -'~ :J~ ' ~ ................................. ~ ............... , ~ N.e" -~ ~ifi ~'~ _~ ~,~. , . // . x -~ -'-~- ~Z~O~R~:-~'~:'~'~~ ~ ~'i.l~ ' ~,~ , ......... ~[~ }~Nh~,-~'~'~x'.% c~ -c>...xx~f.' - x"- ................. .]~-:'~*; !..~ :, x: -.~NN,,,>,,.-,,v , ,, , : ~ - . --, '. , ~bx,.N~,N,x~,,x x xx '.x, ~ - ~' ' ( ~ I - ': ': ~ y~~.~L-~'o.'. ,','.~x'>,'x',".'l 'i .... ~ ~ i > ~ ', , . , :.-- .' .~ %.~.~'. ',~ . .. ~ ~ i~ J , ~, ~ , ~ /,, ~......,-,~ :~::~:,%~:::,,:-~M:~., t~] -I [~ :.: o ~. ~ ! : ~ ~* cbZzb~L~L~:b.:~'.', .:Ls:.bC.z,'5,', '~ ~ ~ J ..... ~-~'~-~ ................ ~ ........ ~¢" ,~'~ ~';%*~-i:~'~'~:~'~ ~- ~ ..................... ~ ............ ~; ~ ~ i :-, EXHIBIT "B" ii, L~ II EXHIBIT "B" U ~U ~ EXHIBIT I'B" EXHIBIT "B" EXHIBIT "B" i EXHIBIT "B" I EXHIBIT "B" EXHIBIT I'B" ' I ~ '~[t~,l'" ' ~ ~ ~ltJ~ - ~,,.. .. ,..,.,., .. _ .. I ~ ~ ii ~X ~"'!~, i~!~ j ,,,,,,, I~ ~'~" t iI -~ ; ~t{,II tlft{ .,,,, ,., . i~L EXHIBIT "B" 1 EXHIBIT "C" Conditions of Approval Project name: Quantum Park Lots 73A+73B-76 File number: NWSP 02-016 Reference: 2nd review plans identified as a New Site Plan with an October 8, 2002 Plannin~ and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic X Comments: None UTILITIES Comments: 1. At the time of permitting, Palm Beach County Health Department permits X will be required for the water and sewer systems serving this project (CODE, Section 26-12). 2. At the time of permitting, fire flow calculations will be required X demonstrating the City Code requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE, Section 26-16(b)). 3. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 4. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X water. City water may not, therefore, be used for irrigation where other sources are readily available. FIRE Comments: None X POLICE Comments: None X COA 10121/02 DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: 5. Show transitions from Type "D" curb to existing valley gutter along High X Ridge Road. 6. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time of [~ermittin~. BUILDING DIVISION Comments: 7. 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. 8. At time of permit review, provide a completed and executed City of Boynton X Beach Unity of Title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions, of each property that is being unified, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 9. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 10. At time of permit review, submit for review an addressing plan for the X project. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 11. The proposed Wax myrtle shrubs should be replaced with another more X durable native plant. PLANNING AND ZONING COA ! 0/23/02 3 DEPARTMENTS INCLUDE REJECT Comments: 12. Commercial uses may only be permitted on Lot 76. Place a note on the site X plan that indicates this restriction. 13. Each proposed use and their respective building area must be consistent X between the traffic study and the site plan. 14. Correct the cover sheet and sheet "A-I" tabular data to indicate the correct X gross floor area, office area, commercial area, and industrial area and the respective parking methodology. 15. This project must obtain Quantum Park Architectural Review Committee X (ARC) approval prior to the Planning & Development Board meeting. 16. This project is contingent upon the approval of Community Design Plan X Appeal (CDPA 02-001) because the bay doors face High Ridge Road. 17. The project is permitted to have multiple wall signs on any building facade X provided however, that the cumulative area of all signs shall not exceed the maximum allowable area. As shown on the elevations, the maximum allowable square footage for all wall signs shall be no more than 986 square feet (one (1) square foot of sign area for each linear foot of building frontage. As proposed, the wall signs shown on elevations sheets "A-6 and A-7" will exceed the maximum allowable area. Revise elevation plans accordingly. 18. The site plan shows that five (5) freestanding monument signs are proposed. X Only two (2) single-faced or one (1) double-faced freestanding monument sign is permitted. Revise the plan accordingly (Quantum PI:I) Sign Program). 19. All freestanding monument signs must be located at least 10 feet from the X property line (Chapter 21, Article III, Section 5). 20. Correct the office area (denoted by the hatch marks) on the floor plan sheets X "A4" and A-5" so that collectively, it equals the office area indicated in the site plan tabular data. 21. Landscaping at project entrances shall contain a signature tree at both sides of X the entrance (Chapter 7.5, Article II, Section 5.N.). Signatures trees include Yellow Elder, Tibouchina Granulosa, and Bougainvillea. Signature trees must have 6 feet of clear trunk if placed within the safe-sight triangle (Chapter 7.5, Article 2, Section 5.N.). Revise the plant list to include the 21 Tibouchina granulosa (TG). 22. The Live Oak (excluding the trees outside the property line), Dahoon Holly, X and Wax Myrtle trees shall be a minimum of 12 feet overall in height when COA 10/23~02 4 DEPARTMENTS INCLUDE REJECT planted (Chapter 7.5, Article II. Section 5.B.2.). Revise the plant list data accordingly/. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 23. Condition #15 has been satisfied. X 24. Amend condition #18 to allow four (4) double-sided site signs increasing the X limitation from two (2). Revise the plan accordingly (Quantum PD sign pro,am). ADDITIONAL CITY COMMISSION COMMENTS: Comments: 25. To be determined. MWR/sc S:\Planning\SHARED\WP\PROdECTS\Quantum park lot 73a-76\NWSP 02-016\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park Lots 73A through 76 APPLICANT'S AGENT: Winston Lee, ASIA, AICPANinston Lee & Associates, Inc. APPLICANT'S ADDRESS: 2100 Park Central Blvd. North, Suite 900, Pompano Beach, Florida 33064 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 6, 2002 TYPE OF RELIEF SOUGHT: Request approval for the construction of a 195,143 square foot office / commercial / warehouse building located on 13.75+ acres in Quantum Park. LOCATION OF PROPERTY: Lots, 73A, 73B, 74, 75, and 76 Quantum Park DRAWING(S): SEE EXHIBIT" A and B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant __ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby __GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Plannmg\SHARED\WP\PROJECTS\Quantum park lot 73a-76\NWSP 02-01~OO.doc City Clerk VII.-CONSENT AGENDA ITEM D.4 CITY OF BOYNTON BEA( AGENDA ITEM REQUEST 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 Comrmssion Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the November 6, 2002 City Commission Agenda Under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved, subject to a single staff comment. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-218. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Quantum Park Lots 73 A & B, 74, 75, 76 (CDPA 02-001) Winston Lee & Associates, Inc. Premier Gateway Center at Quantum, LLP 1940, 1960, 1980 High Ridge Road, Quantum Park PID Request for an appeal from Land Development Regulation Chapter 9, Section 11.J. to permit overhead bay doors to face High Ridge Road in the Quantum Park PID. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Devek~erlt D~pm'~m-en~ Dir~ector City Manager's Signature Planning and Zonffigt42)irector City Attorney / Finance / Human Resources S:XPIanning\SHARED\WI~PROJECTS\Quantum park lot 73a-76\CDPA 02-001~Agenda Item RequestQuantum Pk Lots 73A,B,74-76 (CDPA 02-001) 1 l-6- 02.dot S:~BULLETINLFORMSXAGENDA ri'EM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-218 SITE PLAN REVIEW STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION TO: FROM: DATE: SUBJECT: Chairman and Members Planning and Development Board Michael W. Rumpf Planning and Zoning Director October 10, 2002 Quantum Park Lots 73A-B, 74, 75, 76 -CDPA 02-001 Appeal of Chapter 9 - Community Design Plan (Overhead Doors) NATURE OF REQUEST Winston Lee of Winston Lee & Associates, Inc., agent for Premier Gateway Center at Quantum, LLP (see Exhibit "A" - Location Map), is requesting approval of a Community Design Plan Appeal to allow overhead bay doors, to face High Ridge Road (see Exhibit "B" - Proposed Elevations). This appeal is being submitted in conjunction with a site plan application (NWSP 02-016). BACKGROUND The applicant proposes to construct a one-stow, 195,143 square-foot office / commercial/warehouse building on a 13.75-acre parcel in Quantum Park. On August 7, 2001, the City Commission approved this site for a 196,486 square-foot office /industrial building. That site plan approval expired on August 7, 2002. This project is a near duplicate of the building approved in 2001 except that the building is reversed so that the overhead bay doors will face High Ridge Road instead of 1-95. According to Chapter 9 - Community Design Plan of the City's Land Development Regulations, High Ridge Road is listed as a roadWay where building elevations shall not display overhead bay doors. Due to their high degree of visibility, these major roadways within the City are subject to higher standards related to building appearance. ANALYSIS This subject property is located south of Gateway Boulevard in between High Ridge Road and 1-95. The restriction of not allowing the bay doors to face High Ridge Road is predicated on the concept that the roadway is very visible and overhead bay doors are unsightly. High Ridge Road, as well as the other roadways listed in Chapter 9, Section 11.J. of the Land Development Regulations, are considered entrances into the City. Buildings located on these roadways should be held to a higher level of architectural standards. This portion of the High Ridge Road right-of-way was formerly a loop road that connected back to Gateway Boulevard to the west near the E-4 Canal. The Palm Beach County School Board purchased a large site west of the north / south portion of the subject property subsequent to approval of the original master plan for Quantum Park. That portion of High Ridge Road (Park Ridge Road), adjacent to the High School has since been vacated and is currently a "dead-end" road. As a consequence, High Ridge Road in this area Page 2 Memorandum No. PZ02-218 Quantum Park Lots 73-A, 74-B -76 CDPA 02-001 would not be considered highly visible or as an entranceway into the City. More motorists will view the subject site from 1-95 than High Ridge Road. In fact, the City Commission discussed this design issue when the site plan was approved in 2001. The "dead-end" street characteristic creates a unique situation where full compliance with Code would actually be contrary with its intent. The Design Appeal process is appropriate in this instance because the unique design proposed is directly related and affected by the characteristics of the roadway rather than with the property. In this project, the sheer number of vehicles (volume of traffic) traveling on 1-95, in conjunction with the "dead-end" nature of this portion of High Ridge Road provides sufficient justification to allow the overhead bay doors to face High Ridge Road. Simply put, at this location, the overhead bay doors are more visible from 1-95 than from High Ridge Road. Therefore, allowing the overhead bay doors to face High Ridge Road in conjunction with the landscaping proposed within the west landscape buffer would meet the intent of the Community Design Chapter of the Land Development Regulations. RECOMMENDATION Staff recommends approval of this request to locate the overhead bay doors on the west building facade contingent upon the comment included in the Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be included in Exhibit "C" Conditions of Approval. xc: Central File S:\Planning\SHARED\WP\PROJECTS\Quantum park lot 73a-76\CDPA 02-001~staff report.doc LOCATION MAP Quantum Park Lots 73A-76 EXHIBIT "A" RECI NOT ., / / / / o: EXHIBIT "B" EXHIBIT "B" EXHIBIT "B' ) !:! ~ii .i~. il ll l~l~liil~] ii: EXHtBti Ii: I EXHtBt 1 'ts' EXHIBIT "C" Conditions of Approval Project name: Quantum Park Lots 73A+73B-76 File number: CDPA 02-001 Reference: ?dreview plans identified as a New Site Plan with an October 8.2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic X Comments: None UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING COA I. 0/21/02 DEPARTMENTS INCLUDE REJECT Comments: 1. The overhead bay doors shall be adequately screened in accordance with the X landscape material proposed within the west landscape buffer (NWSP 02- 016). ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 2. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 3. To be determined. MWR/elj S:\Planning\SHARED\WP\PROJECTS\Quantum park lot 73a-76\CDPA 02-001\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park Lots 73A through 76 APPLICANT'S AGENT: Winston Lee, ASIA, AICPNVinston Lee & Associates, Inc. APPLICANT'S ADDRESS: 2100 Park Central Blvd. North, Suite 900, Pompano Beach, Florida 33064 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 6, 2002 TYPE OF RELIEF SOUGHT: Request approval of a Community Design Plan Appeal to allow overhead bay doors to face High Ridge Road. LOCATION OF PROPERTY: Lots, 73A, 73B, 74, 75, and 76 Quantum Park DRAWING(S): SEE EXHIBIT "A and B" A'I-I'ACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant __ 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 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\Quantum pad( lot 73a-76\CDPA 02-001\DO.doc City Clerk Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3,2002 [] September 17, 2002 VII.-CONSENT AGENDA ITEM F. CITY OF BOYNTON BEAC[ 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 Tumed in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Admimstrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to place on eBay the sale of the Catamaran Police boat. ,"-~' EXPLANATION: With the acquisition of a new boat by forfeiture, the police department would like to sell the older boat. The starting price will be $25,000. The purchase of the original boat was with a FIND grant monies with the cities contribution of 25%. The proceeds from the sell of the boat can be used for outfitting the new boat with any proceeds left over being split with FIND 75% / 25%. We have talked with their attorneys and arrived with this agreement. PROGRAM IMPACT: N/A FISCAL IMPACT: ALTERNATIVES: / 'lSep~rne~-~ Head s Signature Police Department Name City Attorney / Finance / Human Resources S:~BULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC 1999 PRO KAT SPECIFICATIONS: MAKE MODEL LOA HULL MATERIAL WEIGHT ENGINES LOCATION PRO SPORTS BOATS 2650 WA PRO KAT 28' FIBERGLASS/COMPOSlT 3,700 TWIN 200HP MERCURY OPTI MAX BOYNTON BEACH, FL DESCRIPTION: 1999 Pro Sport Kat 2650wa, 28'. This catamaran is sea worthy. It comes with twin 200hp Mercury Opti Max outboards, just serviced. Great for fishing or diving. This boat is equipped with a soft top, rod holders, Raython navigational equipment and radar, Raython Nav 398/Loran GPS and VHF radio. Package includes a twin axle aluminum trailer. Our department just received a new go-fast boat and we only have room for one boat. VII.-CONSENT AGENDA ITEM G. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6,2002 [] August 20,2002 [] September 3,2002 [] September 17, 2002 NATURE OF AGENDA ITEM Date Final Form Must be Tumed 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 t6, 2002 September 30, 2002 (Ng~fi) October 14, 2002 (Noo~ ' November 5, 2002 (Noofi)~ [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Un£mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works Department and allow for the sale of same. EXPLANATION: Procurement Services has reviewed the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works/Fleet Maintenance Division (see attached Memo # 02-140). Utilizing the City of Boynton Beach disposal process for surplus vehicles will allow the vehicles/equipment to be auctioned and generate revenues to the Fleet Maintenance Funds. Procurement Services requests Commission's review, evaluation and approval to sell the surplus property. PROGRAM IMPACT: The disposal of surplus vehicles/equipment will provide inventory control maintenance and allow for receipt of revenues through a process monitored by Procurement Services. FISCAL IMPACT: The revenues generated from the sale of surplus vehicles/equipment will be placed in the Fleet Maintenance Fund in the following account: Revenue Account No. 501-0000-365-01.00 ALTERNATIVES: conceivably impact operations due to down time for repairs. Deputy Director of Financial Services Procurement Services Account Description Sale of Surplus Equipment Maintain the vehicles/equipment in inventories with high maintenance costs which could City Mahhger"s Signature Department Name SABULLETIN~FORMSX, AGENDA ITEM REQUEST FORM.DOC C: Jeff Livergood - Public Works Director Bob Lee - Fleet Maintenance Hoyt Johnson - Finance Finance File City Attorney / Finance / Human Resources PUBLIC WORKS DEPARTMENT Memorandum No. 02-140 RECEIVED OCT 0 7 2002 PROCUREMENT SERVICES To~ Via: From: Subject: Date: Bill Atkins, Deputy Director of Finance Jeffrey Livergood, P.E., Director of Public Works,~ Christine Roberts, Assistant Public Works Director~-,, Robert H. Lee, Fleet Administration/~. Surplus Resource Sale October 3, 2002 Now that most of the vehicle purchases have concluded for the FY2001/2002, Fleet has several units that need to be removed from service. We are requesting commission approval for the sale of the following listed resources. This sale will be conducted through a nation wide listing on the Internet. UNIT # YEAR MAKE MODEL V1N # 0108 1988 Ford F350 / Dump 1FDKF37M2JNB28435 0177 1990 Chevrolet G-20 1GCEG25Z9L7167568 0184 2000 Dodge 2500 3B7KC26661M247870 0334 1991 Chevrolet Caprice Classic-4Dr 1G1BL53E6MR143842 0351 1991 Ford Explorer-2Dr 1FMCU22X5MUC98028 0436 1994 Ford Crown Victoria 2FACP71 WORX 145449 0437 1994 Ford Crown Victoria 2FACP71W7RX 145450 0455 1995 Ford Crown Victoria 2FALP71W6SX 179966 0466 1996 Ford Crown Victoria 2FALP71W2TX159442 0468 1996 Ford Crown Victoria 2FALP71W6TX 159444 0469 1996 Ford Crown Victoria 2FALP71W8TX 159445 0641 1997 Dodge Cargo Van V2 Ton 2B7HB11XOVK543580 4705 1997 Ford Crown Victoria 2FALP71W9VX143287 4708 1997 Ford Crown Victoria 2FALP71W9VX 143290 4802 1998 Ford Crown Victoria 2FAFP71W4WX 137590 4804 1998 Ford Crown Victoria 2FAFP71W8WX137592 4806 1998 Ford Crown Victoria 2FAFP71W1WX137594 8051 1972 Ford Trash Pump 208525U199 8072 1989 Case / Iht 485 JAG0228911 1990 Toyota Cressida , JT2MX83E2L0058045 pi Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VII.-CONSENT AGENDA CITY OF BOYNTON BEA£ ITEM H. AGENDA ITEM REQUEST FOmvl 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 [] Admimstrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Authorize termination of agreement between the City of Boynton Beach and East coa~tcGolf . 7. Ball Company for failure to perform under contract terms for Lake Diving Service. EXPLANATION: On Dec. 31, 2001 a diver for East Coast Golf Ball Company drowned in one of the lakes at The Links at Boynton Beach. Following this incident East Coast was given some time to recover from this tragedy and for Risk Management to decide to allow them to continue to perform their services as outlined in the contract. Notice of the terms of this continuation and the requirements to proceed was mailed on June 24, 2002 and received by East Coast on July 1, 2002. On July 19, 2002 the owner of the company, Mr. Doug Bounassi was given a set period of time in which to bring the contract into compliance and this was confirmed in writing on July 19, 2002 and received by East Coast on July 23, 2002. There was no further contact from East Coast and final notice to terminate was sent on August 6, 2002 and received by East Coast on August 13, 2002. To date, no further communication has been received from East Coast. PROGRAM IMPACT: Termination of this contract will allow for the re-bidding of this service to other vendors. FISCAL IMPACT: N/A ALTERNATIVES: N/A ¢,epa?(nent Head's Signature Golf Course Department Name ~ "~'i{ty'~lglanager's Signature City Attorney / Finance / Human Resources S:~BULLETINWORMSLa, GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH MEMORANDUM TO FROM: RE: DATE: Dan Hager, Golf Professional David Tolces, Assistant City Attomeyo,' East Coast Golf Ball Company June 19, 2002 Pursuant to your request, our office has reviewed the agreement between the City and East Coast Golf Ball Company ("East Coast"). It is our understanding that East Coast has not paid the City its semi-annual fee, nor has East Coast paid the City for the golf balls which the City intends to return to East Coast. According to Section 4, "Termination", the City has the obligation to provide East Coast with ten (10) days notice in which to cure any breach of the agreement. If East Coast does not cure the breach within that ten (10) day period, then the City should advise East Coast that in thirty (30) days, City staff will request that the City Commission authorize the termination of the agreement. No sooner than thirty (30) days after the notice of termination, City staff should request that the City Commission authorize the termination of the agreement. The City Commission, at its next regular meeting, would then decide whether or not to terminate the agreement. Any notices to East Coast should be in writing, and provided both by regular and certified U.S. Mail, return receipt requested. If you have any further questions or concerns, please do not hesitate to call. Cc: Joe Sciortino, Golf Director Freda DeFosse S/ca/DavidT/EastCoastBallTcrmination "Gro~ff~o' the Game zt~d Our People." June 24,2002 Mr. Doug Bounassi dba East Coast Golf Ball Company 7036-63 W. Palmetto Park Road Boca Raton, FL 33433 CERTIFIED MAIL #7099 3400 0002 2536 8800 Dear Mr. Bounassi, The Links at Boynton Beach and East Coast Golf Ball Company have enjoyed a good working relationship in the past. We are aware of the strain that the unfortunate death of one your divers has created, however, we would like to continue our relationship with you. There are a couple of areas of concern that require your immediate attention. Listed below are the "Contract Outlined Conditions" of which you are currently in violation of: CONTRACT OUTLINED CONDITIONS. a. East Coast Golf Ball Company agrees to pay'S3,500 per year to the City paid in two payments of $1,750 each in the form of a Cashier's Check. The first check is due upon signing of the Contract and the second check on the 6 month anniversary of the signing of the Contract and every six months thereafter through the term of the contract. East Coast Golf Ball Company shall pay the City 10 cents per range ball turned in by the Golf Course to East Coast Golf Ball Company at the end of each contract year. As to the payment of fees as outlined in 2.a., the City has not received your required payments for October 7, 2001 or April 7, 2002 ($1,750 each) for a total currently due of $3,500. As to the pick up and payment for used range balls, the Head Professional, Dan Hager, has called you on no less than three occasions to apprise you of the number of golf balls to be picked up. You have failed to do so to date. Presently there are 30 boxes 8020 Jog Road, Boynton Beach, FL 33437 Mailing: P.O. Box 310, Boynton Beach, FL 33425-0310 Phone: (561) 742-6500 Fax: (561) 966-1700 Web Site Address: www.boynton-beach.org/Lifestyle/links at boynton_beach.htm "Gro ng the Game tnd Our People.' July 19, 2002 CERTIFIED MAIL #7099 3400 0002 2536 8770 Mr. Doug Bounassi dba East Coast Golf Ball Company 7036-63 W. Palmetto Park Road Boca Raton, FL 33433 Dear Doug, The purpose of this letter is just to confirm our conversation of today regarding the status of your contract with the City of Boynton Beach. You will bring to our office within one week a check in the amount of $1,750 for the October 7, 2001 payment and pick up approximately 30 boxes of used range balls. Within one week from the day you pick up the u.sed range balls you will forward a check in an amount equal to 10 cents per ball that you picked up (approximately $900). Thirty days from the date the previously mentioned $1,750 check is received you will bring another check in the same amount for the April 7, 2002 payment that is past due to the course. This will bring your monetary portion of our contract up to date. Your next payment after that will be due on October 7, 2002 in the amount of $1,750. You will provide the City of Boynton Beach with a certificate of insurance, which lists the City of Boynton Beach as an additional insured as it relates to the liability portion of your policy. You will also provide a certificate of insurance proving that your business vehicle is insured as well. After the initial .check for $1,750 is received, the used range balls picked up and the certificates of insurance supplied you will once again be permitted to dive the lakes as per our contract. Please be s[Jre to notify this office at least one day in advance of your scheduled dive and advise who the diver, even if it's yourself only, is going to be. I look forward to our continued relationship and if you have any further questions or concerns please:call either myself or Sue Phillips at (561) 742-6505. · Freda DeFc~se Asst. to the Golf Director 8020 Jog Road, Boynton Beach, FL 33437 Mailing: P.O. Box 310, Boynton Beach, FL 33425-0310 Phone: (561) 742-6500 Fax: (561) 966-1700 Web Site Address: www.boynt°n-beach'°rg/Lifestyle/links-at-b°ynt°n-beach'htm the Gm-ne ~nd Our People." August6,2002 Certified Mail #7099 3400 0002 2536 8749 Mr. Doug Bounassi dba East Coast Golf Ball Company 7036-63 W. Palmetto Park Road Boca Raton, FL 33433 Dear Mr. Bounassi, On June 24, 2002 you were sent a letter giving you ten days to-comply with the contract conditions for Lake Diving Services at The Links or the City would '"proceed with termination procedures for the contract. You contacted my office on July 8, 2002 and spoke with Freda DeFosse and stated that you needed a little extra time but tfiat you would ha~,e all the items cleared up by July 18% Freda contacted you again on July 16th to follow-up with you and at that time you indicated that you would be by no later than July 19th to clear up this matter. Once again, on July 19th, Freda contacted you because she was leaving for vacation and wanted to clarify what your intentions were. You requested at that time to pick up the used golf balls, pay $1,750 of the $3,500 you owe and pay the additional $1,750 approximately 10 days later. To date you have not contacted us any further. Our contract states "4. TERMINATION: b. If conditions are not corrected within the 10 day period this AGREEMENT may be terminated for such conditions by giving thirty (30) days written notice to the other party.". This notice is being larovided in accordance with the above, notifying you that I will be requesting that the City Commission authorize termination of this contract as of September 5, 2002. )'~ f Director CC: James Cherof, City Attorney David Tolces, Asst. City Attorney Chuck Magazine, Risk Manager Bill Atkins, Purchasing Agent Dept. File Central File 8020 Jog Road, Boynton Beach, FL 33437 Mailing: P.O. Box 310, Boynton Beach, FL 33425-0310 Phone: (561)742-6500 Fax: (561)966-1700 Web Site Address: www.boynton-beach.org/Lifestyle/links at boynton_beach.htm VII.-CONSENT AGENDA ITEM I. CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FO vi Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September ! 7, 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) Septembex 3, 2002 (8:00 a.m.) Requested C/ty Commission Mee'dng Dams [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 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: Recommend that Commission approve the petition by Edward H. Petok, representing All County Limousine, Inc., for a certificate of Public Convenience and Necessity. A notarized application has been attached for Commission review, which will enable this limousine service to establish its business offices and provide services within Boynton Beach City limits. EXPLANATION: The proposed taxi-limousine service will enhance the existing competitive climate of this service within the City Of Boynton Beach. PROGRAM IMPACT: N/A FISCAL IMPACT: Increased Occupational License revenues of $157.00 (2 vehicles) up to $221.00 (4 vehicles) annually. ALTERNATIVES: To ny the petition for a certification of Public Conveme~neefd Necessity. Quintus-~rt~e,~Deveiopmentbirector - City~'f~danager s Signature Development Department Department Name City Attorney / Finance / Human Resources S:~BULLETINWORMS'~AGENDA ITEM REQUEST FORM.DOC CITY OF BOY-NTON BEACH DEPARTMENT OF DEVELOPMENT !00 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida Phone: 56 !-742-6360 OCCUPATIONAL LICENSE APPLICATION Bus. Fee: I. Name of Business: (DBA) c"~///1/:/T /---('F/4&[(-,c//t/~'~ _,. Corporate Name: Bus,ness Phone: 5. Contractor/Professional License Holder: Name: FL.CERT.#PBC COMP.#: 6. President/Owner: ~"7~g~/~t:~ ~ /t:/~'77/~-... Title: PW~'~- Home Address Home one: 7. Description of Business: SS#: $. Is this a Mini-Storage Facility9. Yes: 9. Is this a Dead Storage Facility? Yes: I0. Property Owner/a~eat:J)/q'Mff L ''~'~k-P4/zb ~ 11. Total Sq. Ft. of Bldg/Suite used for this Occupancy:. 12. Does your Business require outside storage?{~ No: 13. Total number of allotted Off-Street Parking Spaces for use: Phone #: N/A: /4. 5. Will your use require Remodeling and/or Renovation?: Yes: 6. Wholesale value of merchant's on-site stock inventory: $ 7. Total number of seats (Barber Shops/Salons/Restaurants/Theaters, etc): :~. Total number of Employees (including Owner): ~ Total number of Vehicles: ~. Health Department approval required (PLEASE ATTACH) Yes: ). Previously Licensed in the City of Boynton Beach?: Yes: Will you use, handle, store or display Hazardous Materials,~generate Hazardous Waste, as defined by 40 Code of Federal Part 2617 Yes: {No'~__ Total number of Machines: ZERTIFY THAT the above information is correct and complete. [ will not open for business without license approval from, and fee ._ . imprisonment. .id to, the City of Boynton Beach and I am aware that ill ch~'~biect to fine anWor g-nature o£ A~.~n~ Date' /? .m e/Title: Date'L iceffse& r~e i of£ Florida Profit ALL COUNTY LIMOUSINE, INC PRINCIPAL ADDRESS 3000 I-HGH RIDGE RD BOYNTON BEACH FL 33462 US Document Nnmber P02000105392 MAILING ADDRESS 8106 FLORE .NZA DRIVE BOYNTON BEACH FL4-34~ US 1~I Nmnber NONE Date Filed 10/01/2002 State Status Effective Date FL ACTIVE 09/30/2002 Ret~istered A~ent PETOK, EDWARD 3000 HIGH RIDGE RD BOYNTON BEACH FL 33462 Officer/Director Detail Annual Repons Report Year Il. Filed Date II Intangible Tax .../cordet.exe?a 1 =DETFIL&n 1 =P02000105392&n2=NAMFWD&n3=0000&n4=N&r 1 =&r2=&r310/1/02 Date: 1019/02 0601 AM Sender's Fax ID: 818-246-4690 Page 1 of 5 DP ID T J ~'~ (MM~(~Yy) ~,.T,CO- 4 ACORD. CERTIFICATE OF LIABILITY INSURANCE lO/O9/O2 ~ODUCE~ THIS CERTIFICATE IS ISSUED AS A MAr fP.~ OF INFORMATION ONLY ~ CONFERS NO RIGHTS UPON ~ CERTIFICATE TIB Transportation Ins. ~c]ccs HOLDER. THIS CERTIFICATE DOES NOT JI~END, EXTEND OR 1515 South Orlando Avenue ALTER THE COVERAGE N=FORDED BY THE POLICIES BELOW. ~itland ET_ 32751 INSURERS AFFORDING COVERAGE Phone: 407-740-5383 Fax: 407-740-5386 INSURED Ail Coun.ty L/~ousi. ne{[~NSUR~;¢ 3000 High P~dge u~.~NSU~ERO Bo~nton Beach ~ 33437 Northland Insnrance Co=~an~ ~GES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W1TH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTNN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PND CLAIMS. I 5OO 000 ~X3H OCCURRENCE I $ , 10/07/02 10/07/03 F~,~ a~u~=.(~,o~enr,) s 100,000 TP221813 · ~so~_~w~:u~v s 500,000 OEN~_~OO~O~ s 500,000 PROOUCTS- COMP,'OP ~O $ EZCLUDED ~"eMOa~..~ UAN~U~Y co~u SNO~ U~r $ 500, 000 A ,~,,~, ~ro TP221813 10/07/02 10/07/03 · SCHE0ULED ~TOS $ The certificate holder is added as additional insured But only to the extent that the certificate holder is liable for the conduct of the nereid insured. Vehicle schedule attached. CERTIFICATE HOLDER I ~' J ~u~.'~. INIOI~D; IN~)~N C~, ,,m. -- CAN. em &TION [~,~,illJ~[ 05 SHOIJt. D ANY OF 'n¢E A~OVE 6ii~mii~ ~0 DAT~ THEI~OF. T~ ISSUlNO ~NSUI~AR WtL.L F. NDEAVOR TO MA". 30 OAYS W~JTTEN Port Of IE~..~,4 1015 North ~w~vican Wa~r M/~m'i , ET_. 33132 I ~ © ACORD CORPORATION ACORD 25-S (7197) All County Limousine Effective 10107102 to10~07~03 Updated 10114102 UNIT# YEAR MAKE PAX ID # 1) 1999 LINCOLN 5 1LN H M82wgxY611482 2) 1999 LINCOLN 5 1 LN HM81WSXY668912 : ¢I_L C.~LI, FY FI:~X NO. : :t5617"329752 Oct.. J. 4 2E~2 85:58PM LF_~& SE AGREEMENT THIS LEA~qE daled effective thc 3rd d2y of October, 2002 (hereinafter calted the "Lcase"), by and between DANIEL $. SHEPHERD - RE~I'AL~ (hereinafter called "T _,~=~r"), and ALI, LIMOUSINE, INC., Florida corporation (hereinafter cafled "Lessee"). Uessor, in consideration of peyment of the r,nts herein reserved and parformanc~ or all of thc and agreements herein, does hereby learn and dmnise unto said ~ a portion of a buildlBg lying and b~nR in Boynton Beach, P3orida, more particularly described as folJows: Approximatdy 900 square feet of space known as Ba.~s) 4, 3000 High RJd~ Road, Boynton ]h~ach, Florida 334~ 0ML~f~iiLIt~F coiled t~ *'~.~mim~'), ]o~ll~d ~ fJ~ bllj]din~ 1. T.m~u.af.J.~a~ The Pr~md~s are ba~l f~ a Mrm comm~cln[ ~m the ~th day of Octobm., 2002, ami mdi~ on the 31~t d~y of October, ~ ~ ~ooner l~rminami or ~m~ded as prmMed he~in (hm-duaftm- cai~d ~he '~erm'). 5~100 ~ (~093~5) pa~ahi, per mouth a~ ~ forlh on tl~ nmt ~ atlm:hed h~r~ ~ht~t 'A% plu~ all appli~bk ~ ~a~ (curr~ty 6~), paya~ in ndvanca widmut d~na~l, ~ ~m~by a~kaow~ paym~t by ~ of a 5~rity Depmit of ~ Hundred a~d ~ and N~/00 L~mr h~r~ repr~ml~ the bmr mmff~ m~tal po~m~nt for *he faithful pm~ormm~ of any and all dutl~ ~nd obU~aflons of Lmmee hm~mmder, i~J~ding the poym~:~t of Moatldy R~mt, and ~d] he ~overned acoordi~ to the Lam of tl~ 5lam of FlorMa. The P. mt ia payab~ in molly a~ .~fl~d here4nabovc, tl~ F~ of ~mt~ droll he dna amd pa)~bk on ~h~ 1~ day o! Novamher, 200~. I~,M4~ ~mll idm pay to L~mor tach mm~th a mm equal Io m~y mi~ ~mt, hut o~ rentah and mxy ~r char~, m am~or ~ (m~cluding ~ m), now i~ ~ or tmpmed ba~d upon th, prh41~ of ~ tl~ ~ b,,~ lmmmd~ or upo~ t~ ammmt of Rent colim~d ~or. ~ ~!1 pay Lm~r a Im ehar~ of Tea ~ (10~) ~ any ~ t~t rmmim unl~d 1~ (5) da~ a~.r ~ due da~, which clmr~ ia an admi~tradv~ dmr~ for mit~ell~ tach Rmu and not a p~:mlty, I~ether wi~h inlm~t on such unpaid R~nt from th~ du~ da~ until paid at Ten F~rce~ (10~) p,r mmum. A~y ~ or La~ Char~ m~t paid, may at Lm~or's o~ he mt mT qa~ud the ~curity D~it, wMc~ ~rity. Dq~lt d~an b i~y repimid~ by ~ up~ ~o~, or L4~ alm~ I~ at d~auR uad~r ~ Laaa~ Faifl~ulpaymm~ by Lmm~ of the R~tt a~ the time ~mt shall b of ~m~ b the lm~'ormar~e of ~ Lmm ami dmaid mid r~t imam providmJ at a~y ttme rmmi~ due mad unpaid for a pari~ of Fifth (15) day~ aftra' rmm~ r~B Imomue due, fl~ Le~or m~- ~hnll at L,mor's nplto~ b~mm~ dam a~d payabla ami may I~ ~ forthwith by ~ or 4 6. knmmemm~ An fixtures, carpeting, floor eoverinp and any amd all o~er improvemems, whether inmallfd by Lessor or Lense, fm~ptin8 off~ ;~o~-.'idre tlLat is readily rm~nvable without I~jury ~o tb~ Prmnbm, .h.n he and emndn a part of d~e Prmds~ et the ecp4~-aflm of ~is Lmse. Lesse~ shall, at Lemor's option, remove at Lemme's expeme, such of its flsIurm &nd improvements as requested by Lmmr and restore the demiaed prembm to I1~ ordinal condltim~. ~ b 8bil pry afl the chrges for utilities ~ervin~ the 1~ excludin8 wnt~ service, sewer mrvtce and 8artmse serviee l~sor snpldles adequat~ dmupeter Mr~tce to the Buiidi~; '~-- P-~,~f, TIM Premism shall be used for no purpoM other than omee~~ght indusfTial. No o~blide Stol-aOe of vehlebs, equipment or o~hor Uems of peraoald propm-~, shall he Pal~E ! OY I q3t~'V Lg~D FROM : ~ CO~ F~ ~0. : 1S617'~2975~ Oc+~. 1~ =--~2 05:59~ --~ permiflt~ other than two to three ~dans to be parked in the North parking area. AH parked vehicles will have valid current ticen~e plates. No automobile repair~ art perm~bJe on thc premises. Lessor ha~ the right to remove ~uch itmnu at Lessee'.q expense. ]n~,,~'~ J~,rmi~flt-q: I__A~_ -ee cnvennnts that the premises will not be used for any purpose that violates any o~ the policies of insurance now or thereafter written on the prm~i.qes or any of the 'diz~-ctives or' an}' insurnnce companies mode pursuant to safety impections. Lessee agrces to pay all inctemes, if any, in the c,Jst of existing insurante due Io l-_-~s~e-- "a occupancy of the demised premhes. Lessee slmli and wifl, during th~ full term of this lease, at I~qsee*a own co~t and expease, keep in place upon demand, fttrnidt a copy (tf the pofiey endonsement to Lessor. The limits of the policy shah be cotuistent with typlenl small businms eov~ for PnJm lh~tch C~unt~, Florida, as determined by the State Insurun~ C~nmissianer. ntal law~ ordinances or regulations and Le~dm asrees to aMde by all of such la~, ordinmnccs nnd re~tions. Lesmm droll promptly e.~eutm and fully eomply Tith ali statntes, ordlannces, rules, orders, regulations mhd requiremen~ of the foderaL MMm and cltT government and of any and afl their ~ nnd ImtMus applicable to the Pmnis~ for l~e eowec~m. pre.;tntfon, and abatement of nuisances or otber grievances, in, upon, or connected m4th the Premises durin8 the Term; and fJ~tlt also premptly comldy ,~th and ,w~ute all rules, orders and regulations of the applicable fire preYention codes for the pFevettima of flre~ at Le~et'a own eest and expense. Lmme has ,T. rifled w~th the City of Boynton Beaeh that its business operation is aecaplabie with ~ Ltssee ~ not hake any additions, Ifiterlt~f~ or ehanjls wllatso~,~l* |!~ the without the prlar wrttl~n consent of J.~s~sor. ~ ~h.il ruturn the Pres~0be8 to Lessor ns set forth in Parqraph 19 her~inbclow. CA~dle~ ~f the ~ shall not Imy ibm ~t at ~ ~ ~ h b ~ ~ h~ or ~1 ~, ~ my, at ~'s ~ f~i~ ~ ~ ~ ~ ~ mY ~ ~ ~ ~ ~ ~t ~ ~ ~ by f~ ~ ~rw'~ wl~ ~ ~ h any way ~or, ~d ~ ~ p~ ~ ~ ~ ny fu~ or ~ ~ ~ ~t my ~ ~ ~ ~e my ~ ~ ~ve ~e ~ ~ a~ b ~ ~ b ~t of the ~ due ~ ~e f~ a~ ~ ~ ~ ~ d ~ ~ w~ ~v b bm~t ~ put m ~d LEASE ~RDrl : ALL COLI,CCf FI:~< NO. : 15617JLi~J752 Oct. 14 2~02 015:00F~1 P~ 13. Premis~ as security for the p~yment of the Rent and alrce~ that the l.~sor's lien for the paymenl of said l~nt may be enf~,rced by distress, farccio6ure or otherwise as prflvided by law, ~t the option of Mid Lessor. Thc ~ further anrees that, in case of the ttilure of tie said Lessee to abide by any of the provisiom of this Len~e, thc Lessee will l~y Le~or'~ remsonalMe attorne~' fees, together ,Mth all costs and _e_ .hm-~q~ incurred by Lelsor, in enforcing this tease. md, ~r~,,~, Less~ asstmm all rldts of any damage tn Lenu's property or t~e Pmmi~ that may otcttr by reason of warm', wiltd, or the burst~ or itak~ of airy pipes m- watte '~ll~', O~ f--mm ~ act of ~ of amy co--tmmnt or __,~c,__,tnmt~ of the Building or of any other person, or fire, or dama~ w~tr. .~,~_ =, l~daM ~ nO( attach any algns to the Prunfses, or Um BuIMlu~ or fhe PFoperiy serving the l~'ulidln~ or pla~ any letteJ.hag off any ~tsl windowNs unlmw math sl~s mad btteri~ are approved ~ 16. one month only t'nmt the date of melt mtpirafion~ nnd oeeupmtiou thermaftmr dudl operate to the Lease fr~m momth to month only unh~ other tmrms of mltb mxtmnsiom are ~ ber~n or hereon in writing and ~tgnad lmru~. Lemme a~es to pay l.~mor rent tn an nmount equal tn' dnuble the Rent due ta Le~or for the monthly lMrtod prior to an~ boMovm- pariod, plus all applicable sales ~x (mrr~tly &~). 18. 21. hermr~ mcural by the Premims, and my renewals and e~mdoes d d or any part thered, which Lemor my hereafter at any tim. dm ~ ldaoe om add PrunimL Lesm~ a~ees upm request *o heFmff~r er~cule and defter to 14mor within three (3) b~ drays after v,r;~r.a notice, any mbonlluatiou or amoral certificate wbkh the eoumd for Lemor may dmn necessary to e~Mence such mbordinafion and Lemm- ia hereby irrevocubly empowered t~ eucute ~uch suberdination or U.ddi~_ nf ib.,m~.1. At tim upiratinn of mid Tenu, Lemee sl~ quiedy and peaomMy clMlver th. Prembu to I.m~r iu tim rome rtlmlr and e~.-ud,~. Lu whieh they wwe recdved, ord:,,,,ry ~.r ~ : ~ ~ F~X M3. : 1~617-S~c37=~2 Oc=. 1~ ~ ~6;01F~ pu the ~xm hereof shall be ,.alid unl~ accepted by Lessor in writing. 22. N- ~tm-aoe: Lem~e agrees that all personal property shall be placed in the p~rni~e~ Upon deUvery, and that'[~mee will kcep the exterior of the l'remibts and the Buildin~ and all atteys and sidewalks adjacent to the Prembes, free from all mtrchand~e, box~ furntture, refum and debris at aU l_dmme agrees to keep all areas such as alleys and ~ldawalks adjacent to the Prmti~t~ Levee agre~ that it shall not b~re any mate. rial considered to be a heaardous material, but nat limited to, gasofine, resins, paints, cleaners, oils, tar, fertil~rs, ~e. or material that could for the Property. Lessee a~rees that it shall not store any cause itu increase in l.essm'*s iwuranee rate Le~or to be di~urbinf to other tenants matra-iai that emJt~ any fumes or midis bt are ~ieened by in the Property. hereby accepU abe pr.--hq~ the B,nm.~ and any improvements and/or equlpmeut (m or in the Pr.-~s, in ~ exJstin8 eondltiou, l~ssoe warran~ all mechanical items Zo he in working ordm'. No representation, statmnent or ,warranty, express or Implied, tins beam marlo by or on behalf of the La.or ns ~ ~uch eomiilJon- Lessee shalk at its *z]Pemm' maintain the Pr~mb~S hi g°°d °rder' notiflml [~mee that Lesuee must replies the euIx-r(s) in the air comHfloning bTSteam at least every zhr~e (3) montM and maintain and repair th~ syt*~m(~) to prevent danmfe to tbs systr, m(s). Ir it is detf:rmincd by a l~Jsed air ~onditloni~ mrx4oe teehniehn that proper replaoement of *h~ f~ter(s), repair and/or ~intmum~ of the system(a) dur~ the ~ Levee ifrhras in peegemsiol~ l.~sof shall hay, th~ rifht to ebar~e Lessm a f~ o~ up ~o $S00.00. l~mee acknowlodsas that Lemor has notified l. eame that Le~e is rmpomible for any repair and/or malntemance of any overhead door(s) and I~ks fro' intsrior and exterior 6ooes. Any. aiMra~om to the PTetuJm~ required by W)vernnm~tal authofiflm shall be pertorm0d by Lmsee at ~ own ex3Mmm, lmmor droll be obli~tmJ to keep repaired and maintained during the term of this Lf~o the Builfflng% roar, walls, foundation and the parkin~ areas. C~:.~_-, ~ Tr~.! nv t~_ r4~ It is mmm~y ~ by m~d betwem Le~or m~d Levee that the 26. ~ : ~ CELI'4'~f F~X NO. : ~561~ Oct. 14 ~ ~6:~ P5 taking of ~me lensed pr~nlsc~ or an)' part tl~reof, or fur dn~g~ for ~h ~g, s~fl bMo~ to ~r, ~ the m~ a~ ~by ~d lo [~r ~ve no ~r~ ~ or ~m ~ ~ awaY, nv ~ ~e~f w~t~r ~ awn~ ~ for the ~ of ~ ex~ m~ ~nn ~ ~nt ~ ~e net p~ of ~x~ by ~, as ~o~, for ~ w~ ~ for any ~ ~'~ ~ ~ ~ v~ ~ ~. ~ ~ ~y ~ ~ or ~~ ~i~ mud Ino~ n~ g~m~ ~ ~ ~ ~ any ~u ~ ~r ~~ and ~ ~ ~ ~ ~ 3L ~ ~PmPY~~ 32. ~ All~~m~r~~ ~h w~ ~ s~y~ fo~ ~V~ED RESOI.CTION AUTIIORIZING THE EXECI.,'TION OF A LF. ASFo IN WI~ V/I~.RF~F, ~ ~d~..~l~ lo tl~ abo~e on the day Illtd date flrlt let forth above. a mm and eorr~ ~ o~ a resolution daly and regulartY i HERI~tY CleaTt~/that tim ab~...~ .~,~, ~, v_~oUSlN~ INC.. at n r~ohr j~lnt meetln~ of ~s~ by 0** Stoaaoa~ and ~ ? ~y.'* '~'~'~.:.~ ~ .~ ~ ~t ~ ~ a q~ ~ r~volad. ~_~.._L~__~ DATE OF MEETING: DATE: Oetoher ~, 2~a {COIfl~ORATI~ SF~q~L} XI. - NEW BUSINESS 1~TEM A. CITY OF BOYNTON BEA AGENDA ITEM REQUEST FOteavl 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 c:~ ~ --~ ~'-.~ _~ --< [] Consent Agenda [] New Business [] Public Hearing [] Legal .-.q . [] Bids [] Unfinished Business ~ .~._< [] Announcement [] Presentation '-o [] City Manager's Report RECOMMENDATION: Please place this request on the November 6, 2002 City Commission Agenda under New Business. The Planning and Development Board with a 5 to 2 vote, recommends that the city's public notification procedures be amended to require that residential property owners, and homeowner associations with jurisdiction within 400 feet of a new commercial or industrial project (i.e. new site plan), receive direct notifications of these proposed projects. Staff presents this item to you and the City Commission for consideration. This recommendation has been generated by the Board in support of community awareness and involvement in the review of projects which may potentially impact residential communities. Staff recommends that the procedural changes requested be timed and considered in conjunction with the fee study and amendments planned for this fiscal period. The rationale for this recommendation is explained below. EXPLANATION: In general, city regulations currently require that, in addition to posting a newspaper ad, notices be mailed directly to all owners of property located within 400 feet of a rezoning, variance, or conditional use request. With respect to proposed site plans, the code requires that a sign or signs be posted on the subject property indicating the proposed use, the availability of plans for review and location, and dates and times of the public meetings. Please note that under the recent directive fi.om the City Manager, staff now also provides a direct notice (phone call or mailed notice), to homeowner associations that are located "nearby" the property that is subject of a request that requires public notification. Staff has defined "nearby" to mean within approximately 400 feet. The changes proposed by the Planning & Development Board simply add the direct notification process required for variances, for example, to the site plan process, and include notification to the representative of the corresponding homeowner association. In reviewing this proposed change, it should be acknowledged that while a notice to one or several association representatives can be done at low cost and minimal staff time, property owner notices could be numerous. Until the applications and corresponding fees could be amended accordingly, the city would be responsible for researching the effected property owners, paying for the necessary postage and providing all envelopes. Staff recommends that if such additional advertisement requirements are desirable, they be timed or reconsidered with an application fee study that staff has planned for this fiscal year. In the interim, staff would continue notifying association representatives for neighborhoods within approximately 400 feet of a noticed application (as well as individual property owners), and if desired, could notify association representatives located nearby proposed sites for new commercial or industrial projects (which projects are not required to be advertised). SSBULLET1N~ORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: N/A FISCAL IMPACT: Depending on the magnitude of homeowners within affected areas, additional notification steps and staff tasks would require unanticipated expenditures. ALTERNATIVES: 1) Time the reconsideration of process changes with the future application fee study, 2) direct staff to begin the additional notification tasks and cover related costs, 3) direct staff to only provide notification association representatives for neighborhoods nearby all proposed new commercial or industrial projects, or 4) direct staff relative to both items gl and #3 to time tasks involving significant costs with future anticipated fee increases, but initiate the option of notifications to association representatives (for those nearby noticed projects as well as new commercial and ~evel~prnlent Departmen~'Director City Manager's Signature Planning and Zoni~'g/Director City Attorney / Finance / Human Resources S:~Planning\SHARED\WP~SPECPROJ~Commission Items under DiscussionL~.genda Item Request Notification Procedures l 1-6-02.dot S:~BULLETIN~ORMSLa, GENDA ITEM REQUEST FORM.DOC XII. - LEGAL ITEM B.1 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM 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) [] Administrative [] Development Plans -~ -,. NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation T-'~ [] City Manager's Report RECOMMENDATION: Please place this request on the November 6, 2002 City Commission Agenda und~ Legal, Ordinance - First Reading. The City Commission, on October 15, 2002 under Public Hearing unanimously approved this item subject to all staff comments except for conditions #54 and #62. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-162. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: THE HARBORS (LUAR 02-005) Jennifer Morton of Land Design South Schgal, Inc. 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). PROGRAM IMPACT: FISCAL IMPACT: N/A ALTERNATIVES~ ~ 0~_~ Developn~t I~ep~igt~'~n~' Dir e~ tor Planning and~Zo nin S/{2~t'~'~t o r Proposed use: development of 51 fee-simple townhouses. N/A 4yMa~nage~ature City Attorney / Finance / Human Resources S:XPIanning\SHARED\WPLPROJECTS\The Harbors~LUAR 02-005X),genda Item Request The Harbors LUAR 02-005 Amend 1st reading 11-6-02.dot S:\BULLET[NXFORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- · - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED at 2300 NORTH FEDERAL HIGHWAY; AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM LOCAL RETAIL COMMERCIAL (LRC) TO SPECIAL HIGH DENSITY RESIDENTIAL (SHDR); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public heating and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land shall be designated as SHDR (Special High Density Residential). Said land is more particularly described as follows: Lot 6, and the West 326.01 feet of the South 67.29 feet of Lot 5, and the South 1.50 feet of the North 70 feet of the West 245.39 feet of Lot 5, of SAM BROWN JR.S' HYPOLUXO SUBDIVISION as recorded in Plat Book 1, Page 81, of the Public Records of Palm Beach County, Flor/da. Less and Excepting therefrom: a. The West 94 feet thereof. ~: \CA\Ordinances\Planning\Land Ume\Land Use - The Harbors .doc b. Those portions as conveyed to the State of Florida for right of way purposes in that Special Warranty Deed recorded in Official Records Book 654, Page 167 and Official Records Book 701, Page 654. Said land lying and being in the City of Boynton Beach, Palm Beach County, Florida, containing 139,778 square feet, 3.2089 acres, more or less/ (PCN 08-43-45-15-03-000-0051 ) Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective 31 days after adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FIRST READING this ~ day of ,2002. SECOND, FINAL READING and PASSAGE this __ day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) S:\CA\Ordinances\Planning\Land Use\Land Use - The Harbors.doc TO: FROM: DATE: DEV'ELOPMENT DEPARTMENT PLAN'N-ING & ZONING DIVISION MEMOIL-k?,'DUM NO. PZ 02-162 REX-ISED Chairman and Members Community Redevelopment Agency Board Michael W. Rumpf Director of Planning and Zoning October 3, 2002 Proj ectlApplicant: Agent: Owner: Location: File No: Property Description: Proposed change/use: PROJECT DESCRIPTION The Harbors/Centex Homes Jennifer Morton of Land Desig-n South SCHGAI, Inc. 2300 N. Federal Highway (Cafd La Notre) Land Use AmendmenffRezoning (LUAR 02-005) Developed property consisting of_+3.21 acres, classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial To reclassify the subject property from Local Retail Commercial (LRC) to Special High Density Residential (SHD-20 du/ac), and rezone from C- 3 Community Commercial to Infill Planned Unit Development ([PUD) in order to redevelop with 51 fee-simple townhouses. Adjacent North: South: East: West: Land Uses and Zoning: To the nortt3, east, developed (Las Palmas) single family homes classified Lo~v Density Residential (LDR- 4.84 du/ac) and zoned R-1-A.A Single Family Residential and to the northwest, developed commercial land (gas station) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. Vacant land, currently being developed as the City's Intracoastal Park, designated Recreational (R) and zoned tLEC Recreation. Intracoastal Water~vay Rights-of-~vay of Federal Highway and the Flor/da East Coast Railroad, then developed commercial property classified Local Retail Commercial (LRC) and zoned% Co2 Neighborhood Commercial. Page 2 File Number: LUAR 02-005 The Harbors PRO.FE CT ANALYSIS Chapter 163, Flori_da Statutes requires that in order for an amendment to the Future Land Use Map to qualify as a "small-scale" amendment, the property, must be less than 10 acres in size. It' the amendment involves a residential land use. the density, must be i0 dwelling units or less per acre. An exception to the density limitation is permitted if the property is in an area desigzmted in the comprehensive plan for urban infill, urban redevelopment or downtown revitalization. Even though the requested density for the site is greater than 10 dm'ac, the parcel is less than 10 acres in size, is located within the expanded Community Redevelopment Area, and would be considered an urban redevelopment project. The subject property, contains ___3.21 acres, and therefore qualifies as a "small-scale" amendment. A "small-scale" amendment is adopted prior to for~varding to the Florida Department of Community Affairs and is not revie~ved for compliance with the state, regional and local comprehensive plans prior to adoption. The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Platt Amendments: Rezonings. These criteria are required to be part of a staff analysis ~vhen the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. Whether the proposed land use amendment/rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The property in question does lie east of Federal Highway, and therefore is in the hurricane evacuation zone for a Category 1 (Saffir/Simpson Scale) hurricane. Under its present land use designation and zoning category, the property could be redeveloped for residential use at a density of 10.8 dwelling units/acre for a total of 34 units. The applicant has amended the original request to an increase of 17 units and therefore falls below the density requiring risk management review; however, staff, would recommend that the developer apprise each homebuyer in the development of the fact that they are buying property in a hurricane evacuation zone and provide a mechanism to disseminate continuing information to residents concerning hurricane evacuation and shelters through a homeowners' or residents' association. Policy 1.19.1 of the Land Use Element provides a definition of the Special High Density. Residential land use classification, limits the use of the designation to the Coastal Area of the city. and states that the maximum gross density is twenty (20) dsvelling units per acre. Policy 1.13.3 states, "The City shall continue to encourage infill development and redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment il[aster Plan, and the policies contained in the Coastal Management Element." The adoption of the Infill Planned Unit Development (IPUD) regulations was a direct response to the cited policy directions as well as policy directions in the Federal Highway Corridor Community Redevelopment Plan. The introduction to the regulations states: Page 3 File Number: LUAR 02-005 The Harbors "It is a basic public expectation that landowners requesting the use of the IPUD district will develop design standards that e.r. ceed the standards of the basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces, parking lot and circulation design, and setbacks, will be dependent on how well the above stated planning e:cpectations are expressed in the proposed development plan." While both the land use amendment and rezoning are consistent with policies contained in the Future Land Use Element of the Comprehensive Plan, the master/site plan for the proposed development, which must be adopted simultaneously with the zoning designation, lacks minimum design attributes necessary for consistency with the cited requirements of the [PUD regulations. These are cited below: 1. Failure to consider the loeational advantages of the site. While the site has constraints because of its narro~v width and extreme depth, it has Intracoastal Waterway frontage and overlooks the site of the City's ne~v Intracoastal Park. In the revised site plan (Exhibit B), the units facing the Intracoastal Waterway form a wall that almost totally cuts off visual access of both the waterway and the recreation site for any residents of the other units. The six-units fronting on Las Palmas have front entrances facing unadorned six-foot high ~valls. The second floor balconies provided on these units have views of the gas station and carwash across Las Palmas. The removal of one of the four-unit buildings has allowed the "paseos" or front entrance areas of the remaining 10 four-unit buildings to be increased from 25 feet to 32 and 33 feet. Unfommately, this increase in width is not sufficient to allow the use of shade trees to vary the landscape materials; however, the use of more mature planting materials could create a better environment. The rear windows of these un/ts no~v look out across 29 feet of driveway to the rear ~vindows of adjacent buildings. Architecture. The applicant has justified the number of units on the site as being necessary because of the price of the property, yet the proposed plans provide very mundane units that are more suited for a traditional downtown setting of small blocks divided by alleys. It is important to encourage a range of housing opportunities throughout the City; however, in this location, quality would be preferable to quantity. Each of the buildings between the Intracoastal Waterway and Federal Highway is lined up and spaced almost equidistance apart. The additions of"bump outs" on the ends of the buildings will add some interest and relieve some of the plainness of the structures. Granted, there is no established architectural "character" in the area; however, elements of a Spanish Mediterranean style have been successfully used on the new Manatee Bay project and the past renovations to the Benvenuto's Kestaurant, as well as the townhouse project to be reviewed later on this agenda. This same style could be used here to provide a development that Page 4 File Number: LUAR 02-005 The Harbors would be a signal for the gateway area. Nothing distinguishes this project or causesit to stand out in the memory. Lack of residents' amenities. The proposed plan provides no private outdoor space for residents. The only amenities provided are a pool and "tiN" bar/cabana located adjacent to the boat docking areas at the Latracoastal. There is no mention of how, or even whether, the docks will be available for residents' use or how they will access this facility if it is to be used by them. If it is not to be a part of the development, there is no indication of how non- resident users will be provided `.vith landside access. The pool area is approximately 900 feet from the units on the west end of the property. The applicant proposes a four-foot wide sidewalk leading through the development to allow pedestrian access to the facility. No benches, shade trees or other pedestrian amenities are proposed. Five of the 12 =m.test parking spaces are earmarked for the recreation area, though no spaces are designated for handicap use. The closest parking is 190 feet from the pool edge; the farthest is 360 feet away. The remaining guest parking spaces ,,vill provide only a little more than one guest space for each ten units. Landscaping. The proposed landscape plan provides little more than the minimum required of any development. Along the south and a portion of the north property lines, an existing five-foot high ficus hedge will soften the appearance of the enclosing walt for the homeowners. In areas where a new wall is to be built, the only softening elements will be outside the wall. In the driveway areas between buildings, the only softening element is a single Geiger tree between each pair of garage doors. The paseos fare somewhat better, however, the plantings cannot be called "lush". The "Site Data" table included with the site plan shows a pervious area of 29%. (The standards for Mixed Use-Low Intensity require a 30% minimum pervious area with a density of 40 dtgac.) This is an improvement over the existing site development; however, the property is currently a night club/restaurant and ancillary barking lot, not a residential neighborhood. 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. In this portion of the Federal Highway Comdor, there are a number of properties designated High Density Residential, interspersed with city owned lands designated for Recreational use. The requested amendment would not create an isolated or unrelated district. Rather, it is the existing Local Retail Commercial designation extending to the Intracoastal Waterway that forms an isolated and unrelated district. c. Whether changed or changing conditions make the proposed land use amendment/rezoning desirable. Page 5 File Number: LUAR 02-005 The Harbors A number of changed and changing conditions make the proposed land use amendment and rezoning desirable. The Federal Highway Corridor Community Redevelopment Pla,, adopted by the CiD' CommissiOn on May 15, 2001, included the following strate~ to pro~sde a strong residential base that is aesthetically inviting: "Encourage a variety of housing. Develop intensity standards that allow for a varie~. ' of housing styles and types at intensities that will assist in supporting the downto~'n and general economic expansion." In response to this strategy, the city adopted amendments to the land development regulations. adding the In fill Planned Unit Development ([PUD) zoning district to allow a greater range of housing types to be developed on infill parcels, specifically along Federal High~vay in the entrance districts. Residential densities for the [PUD zoning district can range from 10.8 du/ac to 20 du/ac. The two entrance districts are defined by the redevelopment plan as the areas of the Federal Highxvay corridor from the north city limits to the Boynton (C-16) Canal, and from Woolbr/ght Road to the south city limits. The [PUD zoning district regulations are relatively flexible in order to encourage developer creativity, including townhouse developments on small infill and redevelopment parcels. In addition, the South Florida housing market is experiencing a growing popularity of townhouse developments as a residential unit of choice, particularly in urban areas. It is difficult, however, to accept th/s master/site plan as proposed, which exploits the leniency of the [PUD regulations as one of the first, and most visible projects in the northern "gatexvay" to the City. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Comparisons of water and sewer demands, provided by the applicant have not been revised to reflect the amended site plan. The original calculations show that the proposed use of the property will potentially increase water demands by slightly more than 2,000 gallons per day, yet decrease wastewater usage by over 11,000 gallons per day (see Attachment "B"). The traffic generation statement, that accompanied the application, states that the vested uses on the site generate 1,815 daily trips, while the proposed use equates to 378 trips per day. With respect to solid waste, the Solid Waste Authority has stated in a letter dated December 18, 2001, that adequate capacity exists to accommodate the co{anty's municipalities throughout the 1 O-year planning period. Lastly, drainage will be reviewed in detail as part of the review of the site plan, and must satisfy all requirements of the city and local drainage permitting authorities. eo Whether the proposed land use amendment/rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed land use amendment/rezoning is compatible with the current and future use of adjacent properties. It is the existing use of the property and the array of commercial uses that could be placed on the site if it were redeveloped under the Local Retail Commercial designation, that create incompatibilities. f. Whether the property is physically and economically developable under the existing zoning. Page 6 File Number: LUAR 02-005 The Harbors The property was developed as a restaurant many years ago, and recently applied for a conditional use pe~rmit to operate as a nightclub. It could be redeveloped with a varie~' commercial uses permitted under the existing Local Retail Commercial land use and Communi~' Commercial C-3 zoning. Whether the proposed land use amendment/rezoning ia' of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. With proper development, the site could be an example of the type of redevelopment and infill project that will help to underpin the redevelopment efforts in the Federal Highway Corr/dor and also increase the variety of types and styles of housing to support general economic expansion. h. Whether there are adequate sites elsewhere in the ci~. ' for the proposed use, in districts where such use is already allowed. There are very few residentially designated sites in the City that provide opportunities for small to medium-sized infill developments. CONCLUSIONS/RE COMMENI)ATIONS As indicated herein, the requested land use amendment and rezoning are consistent ;vith the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible ;vith adjacent land uses and ;vill contribute to the overall economic development of the City. However, the proposed project remains with design deficiencies and falls short of meeting the intent of the new zoning regulations. The proposed master/site plan provides less than the basic amenities, mediocre building architecture, minimal landscaping and seeks only to crowd the site with more dwelling units than the site planner is capable of placing on the site in a reasonable design. Therefore, staff recommends that this request be approved, subject to the project enhancements as described in this staff analysis. Such enhancements should include, but are not limited to the following: 1. Integrate architectural elements to enhance the overall character of the development; 2. Change the orientation of the easternmost building to increase the visual and physical access to the recreation area; 3. Improve the aesthetic quality of the paseos and provide amenities that the project lacks; Enhance the wall surrounding the project and provide additional landscaping to enhance the views and areas opposite less aesthetic adjacent uses, and improved the quality of inter/or living areas; 5. Provide additional parldng spaces to prevent congestion and decline in the 3roject quality. A complete list of specific comments for the site plan, ~vhich, on adoption, ~vill become the master plan for the n~UD, are attached as Exhibit "C". Staff acknowledges that the narrow shape of the site poses limitations, but notes that the site attributes outweigh the negatives. The proposed project is limited to one unit type, which may not be the best choice to compensate for site limitations and capitalize on its attributes, which Page 7 File Number: LUAR 02-005 The Harbors may only be fully utilized with greater flexibili¢' in unit D'pe and the addition or'architectural. landscape, and other enhancements. Should the Communits.' Redevelopment Agency Board and the City Commiss~-on recommend or adopt additional conditions of approval, said conditions will be included as Exhibit "C". ATTACHMENTS ,,,Ch\MA[N.,Shrdata\Planning~ShareO, Wp,,PROJECTS\The Hal-t)or~.LUAR 02.OO5$TAFF REPORT Revised.doc Location Map EXHIBIT "A" ~-----N.E_._2~TH-AVE ' -PUD "'!SITE R3 300 600 Feet 300 0 LAKE WORTH ICWW ¥( 33--I 'HO¥~la NOJ. N,A, Oa .dO ALIO ~-~I~OH Xg.I.N~O 1:10.4 (3~ildYd~EId N~IS~Q ~x~ a NW S'EIOEIEiVH ~IHI I i~iil Ill I EXHIBIT "C" Conditions of Approval Project name: The Harbors File number: NWSP 02-012 Reference: 3'd review pta,ns identified as a New Site Plan with a September 24. 2002 Plannin~ and Zoninz Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. In accordance with Chapter 6, Article III, Sections 11, 12 14, and 16, X widen Las Palmas Park from Federal Highway (U.S. 1) approximately 240 feet east (to the intersection of the roadway centerline with the extension of the subject parcel property line. Roadway configuration will consist of 3 lanes, of width as determined by the Director of Public Works (one eastbound lane, one dedicated left turn lane, and one westbound through lane), Type "F' curb and gutter and two - four (4) foot wide sidewalks (one on each side of the roadway). 2. Reconfigure signalization at the intersection of Las Palmas Park and X Federal Highway to add a left turn arrow to the signal head(s) for westbound Las Palmas Park traffic (Chapter 6, Article III, Section 16). The developer has coordinated with Palm Beach County Traffic Division. The rephasing of the signal shall be completed prior to the issuance of a Certificate of Occupancy. 3. Detail signing and striping as necessary (Chapter 6, Article LII, Section X 16). 4. At the time of permitting, coordinate with the FDOT and Palm Beach X County Traffic for roadway and signalization improvements. UTILITIES Comments: None X FIRE Comments: 5. Design documents where underground water mains and hydrants are to X be provided, must demonstrate that they will be installed, completed, COA2 0/09/02 DEPARTMENTS INCLUT)E REJECT and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.~. 6. Pursuant to City Ordinance 9-3F, the Fire Marshal has developed an X Administrative Order dated May 9, 2001 that provides the minimum performance for all security gates and emergency access. (Copy attached). 7. Emergency access shall be provided at the start of a project and be X maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 5-4.3. POLICE Comments: None X ENGINEERING DIVISION 8. A lighting plan including photometrics, pole wind loading, and pole X details in conformance with the LDR, Chapter 6, Article IV, Section I I, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A will be required at the time of permitting. The lighting design shall provide a minimum average light level of one foot-candle. On the lighting plan, specify that the light poles shall withstand a 140 MPH wind load (LDR, Chapter 23, Article II, Section A.l.a.) Add a note that the fixtures shall be operated by photo-electrical control and to remain on until 2:00 a.m. (LDR, Chapter 23, Article II, Section A.l.a.) Artificial lighting used to illuminate any property shall be directed away from all residential districts. 9. A plat shall be submitted with construction drawings for fee simple X housing. The plat must be recorded prior to the issuance of a building permit for the project. 10. A copy of the proposed POA documents shall be submitted for review X and approval concurrent with the plat process. 11. Provide verification that the improvements within the submerged land X lease shall be transferable to the new owner. 12. At the time of permitting, indicate by note to what standard the project is X to be constructed; if the FDOT Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. COA2 l 0/09/02 DEPARTMENTS INCLUDE REJECT 13. An excavation and fill permit will be required for this development. X 14. Provide written and ~raphic scales on all sheets. X BUILDING DIVISION , Comments: 15. At time of permit review, submit signed and sealed working drawings of X the proposed construction. 16. At time of permit review, submit a copy of the recorded resolution that X verifies the abandonment of the alley, right-o[-wav or easement. 17. Add to the submittal a partial elevation view drawing of the proposed X perimeter wall. Identify the type of the wall material and the type of material that supports the wall, including the typical distance between supports. Also, provide a typical section view drawing of the wall that includes the depth that the wall supports are below finish grade and the height that the wall is above finish grade. The location and height of the wall shall comply with the wall regulations specified in the Zoning Code. 18. At time of permit review, submit for review an addressing plan for the X project. PARKS AND RECREATION Comments: 19. Since it has been determined that there are 54 single-family attached X units in this development, the Park and Recreation Facilities Impact Fee is computed as follows: 54 single-family attached units multiplied by $771 per unit equals $41,634 (Chapter 1, Article V). 20. The fee is due prior to the issuance of the first applicable building X permit. 21. 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 fight- of-way. FORESTER/ENVIRONMENTALIST COA2 I 0/09/02 DEPARTMENTS [NCLUT)E REJECT Comments · 22. The applicant must identify and quantify the existing trees on the site as X shown on the surve7 sheet #i. 23. The landscape sheets should indicate the existing trees that will be X preserved, relocated or removed and replaced on each portion of the entire site. These trees should be shown with an appropriate symbol on each of the landscape sheets. 24. Any of the existing hedge plants noted on the sheets that are not of X acceptable quality during the landscape inspections must be replaced throu~zhout the site. 25. All trees noted on the plant list must be a minimum of 12 feet in height X and three (3) inches in diameter at time of planting. 26. The plan does not show the City "signature trees" required at the X ingress/egress sites. 27. The plan does not show the seven (7) foot wide landscape buffer strip X along the adjacent public right-of-way. Revise the list to include 50% native shrub material. 28. Sheet LP4 of 6: The shrubs, and accents list meets the 50% native X species requirement, the palms list does not meet this requirement. Revise the plan accordingly. 29. Sheet LP5 of 6: The palms, shrubs, accents, and ground covers list does X not meet the 50% native species requirement. Revise the plan accordingly. 30. There is no irrigation system plan included or noted on the landscape X sheet. Provide an irrigation plan at the time of building permit submittal. PLANNING AND ZONING Comments: 31. Place a note on all the primary landscape plan indicating that mulch X other than Cypress shall be used and maintained for landscape purposes (Chapter 7.5, Article II, Section 5.C.8.). , 32. The site data on sheet "SP I of 2" indicates that 110 parking spaces are X COA2 0/09/02 DEPARTMENTS INCLUDE REJECT required. Revise the data to indicate the correct number of required parking spaces (107). 33. The existing six (6) foot high wall, located along the north property line X shall be refurbished to match the color and style of the new wall. 34. On the landscape plan sheet labeled "LP 1 of 6" and "LP 2 of 6", X identify the row of hedges proposed along the southern property line. Also, staff recommends installing palm trees (single or double trunk Alexander, Montgomery, or Solitaire) along the southern facades of the four (4) unit buildings. 35. On the floor plan, the total area for "Model 1601" is incorrect. Any X change to the floor area on the floor plan will need to correspond to the tabular data of the site plan sheet "SP 1 of 2". 36. The buffer wall may not exceed six (6) feet in height (Chapter 2, Section X 4.J.l). Prior to the City Commission meeting, provide a detail of the entry gates, including the dimensions, material, and color(s) used. 37. Provide an elevation of the "existing covered tiki bar" to be a "cabana". X Ensure that the colors of the cabana will be compatible with the color palette of the proposed townhouse buildings. 38. A fence is required around the pool area. Provide a detail of the fence. X On the site plan, show the points of access to the deck area currently outside the property line. 39. Provide a cross access agreement or written verification that access is X allowed between the subject property and the property to the east (with the wood deck and .boat mooring area). 40. The plan shows that public "green" area will be provided in the form of X the 0.2 acre recreation area and the 32-foot wide front paseos. Staff recommends creating additional public "green" space equipped with amenities such as benches, a gazebo, and/or BBQ pit area. 41. The buffer wall along the north property line acts as a "terminating X vista" from each paseo area. Staff recommends incorporating additional decorative features such as fountains, statuary, or wall score lines to break the mundane wall expanse. 42. Staff endorses the concept of having a "focal point" to be located at the X northwest comer of the property. In addition to the landscaping, staff recommends that the "focal point" as shown as an asterisk (*) should be a fountain, statuary, gazebo or some other attractive public amenities. COA2 ! 0/09/02 6 DEPARTMENTS INCLUDE REJECT 43. Provide an elevation of the "existing covered "tiki" bar to be a cabana". X Ensure that the colors of the cabana will be compatible with the color palette of' the proposed townhouse buildings. 44. The entryway to the recreational area appears as though it is an amenity X for just the five (5) easternmost townhouse units. Staff recommends redesigning the entryway so that it is more welcoming to the entire development. Create an entrance pavilion to the recreational area that is on axis with the sidewalk. 45. Off-street parking for the development will be limited to two (2) car X garages in each unit and guest parallel parking spaces. Because there is no alternative parking provision, staff recommends that the garage area in each unit be increased in size in order to maximize the storage space for both vehicles and various items and to prevent / minimize the haphazard parking of cars throughout the development. 46. The 3rd floor plan does not show the side "bump-outs" and therefore, the X plan does not correspond to the revised elevations. The plans must be corrected to correspond with each other. 47. The plant list of landscape plan "sheet LP 5 of 6" does not indicate 34 X "VOA" plants. Correct the plan's tabular data. 48. Staff recommends configuring or angling the buildings in such a way X that will allow for more units to have direct visual access to the future Intracoastal Park. 49. Staff recommends incorporating a second or third story porch (or on X both stories) into the design of the townhouse units that face (front and/or side fa~:ades) either the Intracoastal Waterway or the Intracoastal Park. 50. The main east-west sidewalk is four (4) feet in width. Staff recommends X increasing the width to at least five (5) feet. 51. Staff recommends further increasing the distance between buildings X (paseo areas) to allow for additional amenities and landscape material. 52. Staff endorses the concept of a pedestrian connection from the subject X property to the Intracoastal Park as shown on the southeast portion on the property. However, staff recommends that the entranceway be enhanced with additional landscaping, decorative lighting, and park-like benches. COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: COA.2 10/16/02 7 DEPARTMENTS INCLUDE REJECT 53. Since it has been determined that there are 51 single-family attached X units in this development, the Park and Recreation Facilities Impact Fee is computed as follows: 51 single-family attached units multiplied by $771 per unit equals $39,321 (Chapter 1, Article V). 54. The opening of the garage doors shall be 18 feet in width. X 55. Additional 90 degree parking (extra) spaces shall be provided along the X western property line. Driveway widths shall not be reduced to accommodate the additional parking. 56. Enhance the building facades of Building #i and Building #2 by adding X architectural elements such as faux windows, shutters, raised bandings, and balconies to improve the appearance of the buildings that face US 1. 57. Provide landscaping nodes along the northern buffer opposite each drive X aisle. The northern perimeter hedge shall be maintained at six (6) feet in height. 58. Provide floor plans / details of the "cabana". The cabana shall be X compatible of the proposed townhouses. 59. Provide more specific details of dumpster enclosure including gates. X 60. The proposed first floor color (Sherwin Williams #1335 - Thai Tan) of X the buildings shall be softened two (2) shades. 6 I. The proposed freestanding outdoor lighting fixtures shall be type "A" X rather than type "B". 62. The buffer shall be C.B.S. rather than pre-cast. X 63. Architectural changes in response to these conditions shall be X re-reviewed by the CRA prior to issuance of permits. COA.2 10/16/02 8 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION COMMENTS: Comments: 64. Omit #54 and #62. X MWR/elj S:~Ianning\SHARED\WP',PROJECTS\The Harbors\NWSP 02.012~COA2.docS:'.,P~anning~SHARED\WP',PROJECTS'~The Harbors\NWSP 02-012\COA. doc LAND 'ESIGN oOUTH Land Planning Landscape Architecture Environmental Consult,?.tion · 5,51-478-8581 · FAX 5(51-478-5C; 2 · C.~n~res3 ~.~r,ess .~enrer · 17:~0 N. CcrGres.s ;,,,'er,~e · St,~te 215 ' ~esr ~o:m ~e,~cr'.. =:anco .32-~C¢ The Harbors Land Use Amendment, Rezoning, & Site Plan Approval Justification Statement Request The purpose of this Justification Statement is to request a Land Use Amendment, a Rezoning, and site plan approval for the subject property. The applicant is requesting to change the land use from Local Retail Commercial to Special High Density Residential and the zoning from Community Commercial (C3) to Infiil Planned Unit Development (/PUD). On behalf of the Petitioner, Land Design South of Florida, Inc. is requesting a land use amendment, rezoning, and site plan approval of a 3.21-acre property with 54 upscale town homes. The subject property is generally located on the southeast corner of Federal Highway and Gateway Boulevard. Site Characteristics The 3.21-acre property currently has a Future Land Use designation of Local Retail Commercial and is located within the C3 (Community Commercial) Zoning District. As previously stated, the applicant is proposing to change the Future Land Use designation to Special High Density Residential and rezone the property to IPUD (lnfill Planned Unit Development). The subject property is currently being used as a nightclub facility. There is an existing two-story 20,679 square foot building located on the eastern most portion of the site. The remaining portion of the site is used predominately for parking. In determining the impacts of the site we compared the maximum development potential at the existing land use and zoning to the maximum development potential at the proposed land use and zoning. We also accounted for what the applicant is actually proposing. There are several different uses surrounding the subject property. There are two (2) different uses which border the subject property to the north. Along the eastern section of the northern property line is the Las Palmas residential community. This property has a Future Land Use Designation of Low Density Residential (LDR) and is located within the R1AA zoning district. Along the western portion of the northern property line is a gas station. This property has a future land use designation of Local Retail Commercial and is located within the C3 zoning district. To the east of the subject property is the Intracoastal Waterway. To the south of the subject property is the proposed Boynton Beach City Park. This property has a future land use designation of Recreation and is located within the Recreation zoning district. To the west of the subject property is Federal Highway (94-foot Right-of-Way (ROW)) and the Florida East Coast (FEC) Railroad ROW (100-foot ROW). To the west of the FEC ROW are several residential properties. Due to the fact that there is over 194-feet of separation between the subject property and the properties to the west, the applicant did not consider the impacts of the proposed community on these properties. The Harbors Page 1 of 4 June 5, 2002 Proposed Impacts The subject property can currently be developed with either commercial or residential development. After the proposed land use amendment and rezoning the property will be allowed to be develol~ed mainly as a residential use, with limited commercial use. The following table identifies the development scenarios under the existing land use and zoning as well as the proposed. Maximum Development Potential Proposed/Existing Oevelopment Existing Land Use & Zoning LRC/C3 223,724 Sq. Ft. of Commercial & 34 DU's 20,679 Sq. Ft. of Commercial Proposed Land Use & Zoning SHDRJlPUD 64 DU's 54 DU's The existing zoning designation does not allow the development of fee simple townhomes. In order to develop the site the applicant has to rezone the property to the IPUD designation. The IPUD district is only allowed in the Special High Density Land Use designation. There¢ore the applicant must also change the land use. With the new zoning and land use there is a limited amount of commercial that is allowed along Federal Highway. The applicant is not proposing commercial uses as a part of the proposed development. The timing and phasing of the proposed community is dependent on the approval of the rezoning, land use, and site plan. In order to determine a rough estimate of the development of the site, we will assume that the project will receive final approval in September 2002. Once final approval is obtained, the applicant will immediately begin the permitting process. The applicant will begin to clear and develop the property in March 2003. Development of the units will begin shortly after the clearing. Population, Water, & Sewer Comparisons The following table compares the demand for water and sewer based on the square footage allowed under the existing land use and zoning against the proposed land use and zoning. This demand was estimated using the standards adopted by the Palm Beach County Health Department when determining the potential impact of development. In order to determine the impact of the residential development we used the 2000 Census data of 2.26 persons per household. In addition, we used the 2001 LOS for the City of Boynton Beach. Water Provider Level of Service Current Maximum Demand 4 stories x. 1 ) Infrastructure Information ICity of Boynton Beach 200 gallons per capita per day 22,372 gallons/day (3.21 ac X 43,560 sq. ft. X .40 Building coverage x Proposed Maximum Demand 29,018 gallons/day (3.21 AC X 20 DU/AC X 2.26 PPH X 200) (62 OU's) Proposed Actual Demand (54 24,408 gallons/day (54 X 2.26 PPH X 200) DU's) Proposed Change +2,036 gallons/day The Harbors Page 2 of 4 June 5, 2002 Wastewater Provider City of Boynton' Beach Level of Service 90 gallons per capita per day Current Maximum Demand 22,372 gallons/day (3.21 AC X 43,560 SQ FT X .40 Building coverage x 4 stories x. 1 ) Proposed Maximum Demand 13,058 gallons/day (3.21 AC X 20 DU/AC X 2.26 PPH X 90) (62 DU's) Proposed Actual Demand (54 DU's) 10,983 gallons/day (54 X 2.26 PPH X 90) Change - 11,389 gallons/day Nuisances The existing land use of the subject property is Local Retail Commercial and the existing zoning district is Community Commercial (C3). The existing land use and zoning are not compatible with the residential nature of the area. To the north of the subject property are several different uses. Along the eastern portion of the northern property line are the Las Palmas Park and the Las Palmas Landing single-family residential community. These two communities have a land use designation of Low Density Residential (LDR) and are located within the RIAA (Single Family) zoning district. Along the western portion of the northern property line are commercial properties and a existing gas station. These properties have a future land use designation of Local Retail Commercial and are located within the C3 zoning district. To the east of the subject property is the Intracoastal Waterway. To the south of the subject property is a vacant property that has a Future Land Use designation of Recreational and is located within the Recreation (REC) zoning district. The property is proposed for a City of Boynton Beach Park. To the west of the subject property is Federal Highway (94-foot ROW) and the FEC railroad (100-foot ROW). The existing land use and zoning is not compatible with the surrounding residential nature of the area. Over the years the subject property has received numerous complaints from the surrounding residents due to loud music and the disruptive behavior of patrons to the nightclub and restaurant. Once the park to the south is completed, the existing use could potentially disrupt the activities occurring in the park. The applicant is proposing to change the land use of the subject property to Special High Density Residential. The applicant is also proposing to change the zoning designation to IPUD (Infill Planned Unit Development). The applicant is proposing to construct 54 upscale town homes on 3.21 acres. This results in a gross density of 16.82 dwelling units per acre. The proposed residential use is more consistent with the residential uses to the north and the proposed park use to the south. The proposed site plan submitted with this justification statement shows a 52ofoot setback along the northern property line where the'subject property abuts the existing residential. Approval of the proposed land use plan amendment and rezoning will eliminate the incompatibility of uses currently occurring in the area surrounding the subject property. The Harbors Page 3 of 4 June 5, 2002 Site Plan The site plan dated June 5, 2002 submitted with this justification siatement shows a total of 54 three (3)-story town homes on a total of 3.21 acres. Each of the 54 town homes has a two-car garage. In addition the site plan shows a total of 13 additional parking spaces for guest parking. When designing the site plan the applicant relied upon the draft code language for the Infill Planned Unit Development (IPUD) zoning district. This zoning district applies to properties located within the Community Redevelopment Area (CRA) that are greater than one (1) acre in size and smaller than five (5) acres. The applicant is proposing a three (3)-story town home on the subject property. This structure will be less then the maximum height of 45~feet. The IPUD district also has maximum lot coverage of 50%. The proposed site plan has building lot coverage less than 50%. Along with the rezoning application, the applicant is proposing to change the land use designation to Special High Density Residential. This designation allows a maximum density of twenty (20) dwelling units per acre. The applicant is proposing a total of 54 dwelling units on 3.21 acre for a gross density of 16.82 units per acre. This is consistent with the proposed land use designation. The minimum open space requirements for properties within the IPUD zoning district are 100 square feet per dwelling unit. The proposed site plan submitted with this justification statement shows a total of 1.45 acres of open space. This equates to 1,169 square feet per dwelling unit. There are several different buffers proposed around the perimeter of the site. The applicant is proposing two different buffers along the northern portion of the subject property. Along the portion of the property that abuts Las Palmas the applicant is proposing a seven (7) foot buffer. Along the remaining portion of the northern property line the applicant is proposing a five (5) buffer. At the pre-application meeting the City Staff requested that the existing vegetation along the northern property line, adjacent to the single-family homes, remain in place. Therefore the applicant is only proposing the one (1) tree per thirty (30) feet. The existing hedge will be cut out and a tree will be placed in the vacant area. The applicant is not proposing a buffer along the eastern property line due to the fact that it is adjacent to the Intracoastal Waterway. The applicant is proposing a five (5) foot buffer along the southern property line. There is also a buffer proposed for the future park to the south. The applicant is proposing a ten (10) foot buffer along Federal Highway. This will sufficiently buffer the future residents of the community, while increasing the amount of landscaping along Federal Highway. The proposed plan shows a large .20-acre recreation area on the eastern section of the property. This allows all of the residents of the proposed community to have access and to enjoy the Intracoastal. The recreation area will have a pool and cabana. It is the intent of the applicant to use the existing pool and "TIM" bar structure located on the site. The property is structured so that most of the units front on a "paseo" area. This area will provide for guest entrance in to each of the units and create an intimate atmosphere between the units. In South Florida today, we are use to seeing the garage as the predominate feature on the front of residential structures. The proposed homes have the garage in the back of the units. Each of the garages will be access via an 18-foot access way. Based upon the above and the attached information, the Petitioner respectfully request approval of this petition. N:\Project Files\389\389.53\The Harbors LUPA, Rezoning, & Site Plan Approval Just Stat.doc File: 389.53A, 53B The Harbors Page 4 of 4 June 5, 2002 XII. - LEGAL ITEM B.2 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST 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 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 EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: RECOMMENDATION: Please place this request on the November 6, 2002 City Commission Agenda ~mler Legal, Ordinance - First Reading. The City Commission, on October 15, 2002 under Public Hearing unanimously2a~pproved this item subject to all staff comments except for conditions #54 and #62. For further details pertaining to the request, see' - ,'_..3 attached Department of Development Memorandum No. PZ 02-162. · ~ L~ . I THE HARBORS (LUAR 02-005) Jennifer Morton of Land Design South Schgal, Inc. 2300 Noah Federal Highway Request to rezone from Community Commercial (C-3) to Infill Planned Unit Development (IPUD). Proposed use: development of 51 fee-simple townhouses. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:,,~ . N/A Developtla~nt'~el~ar~me~t Director Planning and Zoning ~gT/,e'~or Ciature City Attorney / Finance / Human Resources S:XPIanning\SHARED\WP, PROJECTS\The Harbors~LUAR 02-005~Agenda Item Request The Harbors LUAR 02-005 Reozone 1st reading 1 l-6-02.dot S:\BULLET1/xhFORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF THE HARBORS/CENTREX HOMES; AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM C-3 (COMMUNITY COMERCIAL) TO INFILL PLANNED UNIT DEVELOPMENT ([PUD); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Schgai, Inc., as owner of the property more particularly described hereinafter, has heretofore filed a Petition, through their agent, Jennifer Morton of Land Design Inc., pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a :ertain tract of land consisting of 3.21 acres, said land being more particularly lescribed hereinafter, from C-3 (Community Commercial) to [PUD (Infill Planned Development), subject to all staff comments except for conditions #54 and #62; and WHEREAS, the City Commission conducted a public heating on October 15, 2002, and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, during the public hearing the applicant for the Rezoning made representations which were considered and were relied on by the City Commission in reaching its conclusions regarding the appropriateness of the proposed The material representations made by applicant are set forth in the minutes ~f the City Commission meeting/Public Hearing conducted October 15, 2002. ;:\CA\Ordinances\Planning\Rezoning\Rezoning - The Harbors.doc WHEREAS, the City Commission finds that the proposed rezoning is consistent wi_th, an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and WI-!EREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct incorporated herein by this reference. Section 2. The following described land, located in the City of Boynton Beach, Florida as set forth as follows: and Lot 6, and the West 326.01 feet of the South 67.29 feet of Lot 5, and the South 1.50 feet of the North 70 feet of the West 245.39 feet of Lot 5, of SAM BROWN JR.S' HYPOLUXO SUBDIVISION as recorded in Plat Book 1, Page 81, of the Public Records of Palm Beach County, Florida. Less and Excepting therefi'om: a. The West 94 feet thereof. Those portions as conveyed to the State of Florida for right of way purposes in that Special Warranty Deed recorded in Official Records Book 654, Page 167 and Official Records Book 701, Page 654. Said land lying and being in the City of Boynton Beach, Palm Beach County, Florida, containing 139,778 square feet, 3.2089 acres, more or less/ (PCN 08-43-45-15-03-000-0051 ) and the same is hereby rezoned fi.om C-3 (Community Commercial) to IPUD (Infill 'lanned Unit Development). A location map is attached hereto as Exhibit "A" and made a of this Ordinance by reference. Section 3: That the aforesaid Revised Zoning Map of the City shall be accordingly. 8eat ±on 4: All ordinances or parts of ordinances in conflict herewith are repealed. \CA\Ordinances\Planning\Rezoning\Rezoning - The Harbors.doc Section 6: 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 7. 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 Clerk (Corporate Seal) S:\CA\Ordinances\Planning\Rezoning\Rez°ning - The Harbors.doc Location Map EXHIBIT "A" -PUD '/!SITE R3 30O 0 LAKE WORTH ICWW 300 600 Feet N DEVELOPMENT DEPARTMENT PLAzN~-ING & ZONING DI¥ISION MEMOI%-kN-DUM NO. PZ 02-162 RES, qSED TO: FROM: Chairman and Members Community Redevelopment Agency Board Michael W. Rumpf 'fgg~'/ Director of Planning and Zoning DATE: October 3, 2002 Project/Applicant: Agent: PROJECT DESCRIPTION The Harbors/Centex Homes Jennifer Morton of Land Desig-n South Owner: SCHGAI, Inc. Location: File No: Property Description: Proposed change/use: 2300 N. Federal Highway (Caf~ La None) Land Use Amendment/Rezoning (LUAR 02-005) Developed property consisting of +3.21 acres, classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial To reclassify the subject property from Local Retail Commercial (LRC) to Special High Density Residential (SHD-20 du/ac), and rezone from C- 3 Community Commercial to l_nfill Planned Unit Development (WU'D) in order to redevelop with 51 fee-simple to~vnhouses. Adjacent North: South: East: West: Land Uses and Zoning: To the northeast, developed (Las Palmas) single family homes classified Lo~v Density Residential ~LDR- 4.84 du/ac) and zoned R-1-AA Single Family Residential and to the northwest, developed commercial land (gas station) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. Vacant land, currently being developed as the City's Intracoastal Park, designated Recreational (R) and zoned REC Recreation. Intracoastal Waterway R/ghts-of-~vay of Federal Highway and the Flor/da East Coast Railroad, then developed commercial property classified Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial. Page 2 File Number: LUAR 02-005 The Harbors PROJECT ANALYSIS Chapter 163, Flor/da Statutes requires that in order for an amendment to the Future Land Use Map to qualify as a "small-scale" amendment, the property must be less than 10 acres in size. If the amendment involves a residential land use, the density must be 10 dxvelling units or less per acre. An exception to the density limitation is permitted if the property is in an area designated in the comprehensive plan for urban infill, urban redevelopment or downtown revitalization. Even though the requested density for the site is greater than 10 du/ac, the parcel is less than 10 acres in size, is located within the expanded Community Redevelopment Area, and would be considered an urban redevelopment project. The subject property contains +3.21 acres, and therefore qualifies as a "small-scale" amendment. A "small-scale" amendment is adopted prior to for~varding to the Florida Department of Community. Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part ora staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. g/tether the proposed land use amendment/rezoning would be consistent with applicable comprehensive plan policies inchtding but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Pahn Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The property in question does lie east of Federal Highway, and therefore is in the hurricane evacuation zone for a Category 1 (Saffn'/Simpson Scale) hurricane. Under its present land use designation and zoning category, the property could be redeveloped for residential use at a density of 10.8 dwelling units/acre for a total of 34 units. The applicant has amended the original request to an increase of 17 units and therefore falls below the density requiring risk management review; however, staffwould recommend that the developer apprise each homebuyer in the development of the fact that they are buying property in a hurricane evacuation zone and provide a mechanism to disseminate continuing information to residents concerning hurricane evacuation and shelters through a homeowners' or residents' association. Policy 1.19.1 of the Land Use Element provides a definition of the Special High Density Residential land use classification, limits the use of the designation to the Coastal Area of the ci.ty and states that the maximum gross density is twenty (20) dwelling units per acre. Policy 1.13.3 states, "The City shall continue to encourage infill development and redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment Master Plan, and the policies contained in the Coastal Management Element." The adoption of the In fill Planned Unit Development ('[PUD) regulations was a direct response to the cited policy directions as well as policy directions in the Federal Highway Corridor Community Redevelopment Plan. The introduction to the regulations states: Page 3 File Number: LUAR 02-005 The Harbors "It is a basic public expectation that landowners requesting the use of the [PUD district will develop design standards that exceed the standards of the basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. The e:ctent of variance or exception to basic design standards, including but not limited to requirements for parking spaces, parking lot and circulation design, and setbacks, will be dependent on how well the above stated planning expectations are expressed in the proposed development plan." While both the land use amendment and rezoning are consistent with policies contained in the Future Land Use Element of the Comprehensive Plan, the master/site plan for the proposed development, which must be adopted simultaneously with the zoning designation, lacks minimum design attributes necessary for consistency with the cited requirements of the IPUD regulations. These are cited below: 1. Failure to consider the locational advantages of the site. W'hile the site has constraints because of its narro~v width and extreme depth, it has Intracoastal Waterway frontage and overlooks the site of the City's new Intracoastal Park. In the revised site plan (Exhibit B), the units facing the Intracoastal Waterway form a wall that almost totally cuts off visual access of both the watenvay and the recreation site for any residents of the other units. The six-units fronting on Las Palmas have front entrances facing unadorned six-foot high walls. The second floor balconies provided on these units have views of the gas station and carwash across Las Palmas. The removal of one of the four-unit buildings has allowed the "paseos" or front entrance areas of the remaining 10 four-unit buildings to be increased from 25 feet to 32 and 33 feet. Unfortunately, this increase in width is not sufficient to allow the use of shade trees to vary the landscape materials; however, the use of more mature planting materials could create a better environment. The rear windows of these units now look out across 29 feet of driveway to the rear windows of adjacent buildings. ArchiteCture. The applicant has justified the number of units on the site as being necessary because of the price of the property, yet the proposed plans provide very mundane units that are more suited for a traditional downtoxvn setting of small blocks divided by alleys. It is important to encourage a range of housing opportunities throughout the City; however, in this location, quality would be preferable to quantity. Each of the buildings betxveen the Intracoastal Waterway and Federal Higk~way is lined up and spaced almost equidistance apart. The additions of"bump outs" on the ends of the buildings will add some interest and relieve some of the plainness of the structures. Granted, there is no established architectural "character" in the area; however, elements of a Spanish Mediterranean style have been successfully used on the new Manatee Bay project and the past renovations to the Benvenuto's Restaurant, as well as the townhouse project to be reviewed later on this agenda. This same style could be used here to provide a development that Page 4 File Number: LUAR 02-005 The Harbors would be a signal for the gateway area. Nothing distinguishes this project or causes it to stand out in the memory. Lack of residents' amenities. The proposed plan provides no private outdoor space for residents. The only amenities provided are a pool and "tiki" bar/cabana located adjacent to the boat docking areas at the Intracoastal. There is no mention of how, or even whether, the docks will be available for residents' use or how they will access this facility if it is to be used by them. If it is not to be a part of the development, there is no indication of how non- resident users will be provided ~vith landside access. The pool area is approximately 900 feet from the units on the west end of the property. The applicant proposes a four-foot wide sidewalk leading through the development to allow pedestrian access to the facility. No benches, shade trees or other pedestrian amenities are proposed. Five of the 12 guest parking spaces are earmarked for the recreation area, though no spaces are designated for handicap use. The closest parldng is 190 feet fi-om the pool edge; the farthest is 360 feet away. The remaining guest parking spaces will provide only a little more than one guest space for each ten units. Landscaping. The proposed landscape plan provides little more than the minimum required of any development. Along the south and a portion of the north property lines, an existing five-foot high ficus hedge will soften the appearance of the enclosing wall for the homeowners. In areas where a new wall is to be built, the only softening elements will be outside the wall. In the driveway areas between buildings, the only softening element is a single Geiger tree between each pair of garage doors. The paseos fare somewhat better, however, the plantings cannot be called "lush". The "Site Data" table included with the site plan shows a pervious area of 29%. (The standards for Mixed Use-Logy Intensity require a 30% minimum pervious area with a density of 40 du/ac.) This is an improvement over the existing site development; however, the property is currently a night club/restaurant and ancillary'parking lot, not a residential neighborhood. Whether the I~roposed 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 proper~. owner as contrasted with the protection of the public welfare. In this portion of the Federal High~vay Corridor, there are a number of properties de'sig'nated High Density Residential, interspersed with city owned lands designated for Recreational use. The requested amendment would not create an isolated or unrelated district. Rather, it is the existing Local Retail Commercial designation extending to the Intracoastal Waterway that forms an isolated and unrelated district. c. Whether changed or changing conditions make the proposed land use amendment/rezoning desirable. Page 5 File Number: LUAR 02-005 The Harbors A number of changed and changing conditions make the proposed land use amendment and rezoning desirable. The Federal Highway Corridor Comtnunity Redevelopment Plan, adopted by the City Commissibn on May 15, 2001, included the following strate~ to provide a strong residential base that is aesthetically inviting: "Encourage a variety of housing. Develop intensi~ standc~rds that allo~v for a variety of housing styles and types at intensities that will assist in supporting the do~vnto~vn and general econotnic expansion." In response to this strategy, the city adopted amendments to the land development regulations, adding the I. nfill Planned Unit Development ([PUD) zoning district to allow a greater range housing types to be developed on infill parcels, specifically along Federal Highway in the entrance districts. Residential densities for the IPUD zoning district can range from 10.8 du~ac to 20 du/ac. The two entrance districts are defined by the redevelopment plan as the areas of the Federal High~vay corridor from the north city limits to the Boynton (C-16) Canal, and from Woolbright Road to the south city limits. The IPUD zoning district regulations are relatively flexible in order to encourage developer creativity, including townhouse developments on small infill and redevelopment parcels. In addition, the South Florida housing market is experiencing a growing popularity of tow'nhouse developments as a residential unit of choice, particularly in urban areas. It is difficult, ho~vever, to accept this master/site plan as proposed, which exploits the leniency of the [PUD regulations as one of the first, and most visible projects in the northern "gate~vay" to the City. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Comparisons of water and sewer demands, provided by the applicant have not been revised to reflect the amended site plan. The original calculations show that the proposed use of the property will potentially increase water demands by slightly more than 2,000 gallons per day, yet decrease wastewater usage by over 11,000 gallons per day (see Attachment "B"). The traffic generation statement, that accompanied the application, states that the vested uses on the site generate 1,815 daily trips, while the proposed use equates to 378 trips per day. With respect to solid waste, the Solid Waste Authority has stated in a letter dated December 18, 2001, that adequate capacity exists to accommodate the coimty's municipalities throughout the 10-year planning period. Lastly, drainage will be reviewed in detail as part of the review of the site plan, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed land use amendment/rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby' properties. The proposed land use amendment/rezoning is compatible with the current and future use of adjacent properties. It is the existing use of the property and the array of commercial uses that could be placed on the site if it were redeveloper under the Local Retail Commercial designation, that create incompatibilities. f Whether the property is physically' and economically developable under the existing zoning. Page 6 File Number: LUAR 02-005 The Harbors The property xvas developed as a restaurant many years ago, and recently applied for a conditional use pe _ryn. it to operate as a nightclub. It could be redeveloped ~vith a varie~' of commercial uses permitted under the existing Local Retail Commercial land use and Cornmunity Commercial C-3 zoning. g. Whether the proposed land use amendment/rezoning is ora scale which is reasonably related to the needs of the neighborhood attd the city as a whole. With proper development, the site could be an example of the type of redevelopment and infill project that will help to underpin the redevelopment efforts in the Federal Highway Corridor and also increase the variety of types and styles of housing to support general economic expansion. h. Whether there are adequate sites else,vhere in the ci~ for the proposed use, in districts where such use is already allo,ved. There are very few residentially designated sites in the City that provide opporVanities for small to medium-sized infill developments. CONCLUSIONSfRECOMMENDATIONS As indicated herein, the requested land use amendment and rezoning are consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will conU'ibute to the overall economic development of the City. However, the proposed project remains with design deficiencies and falls short of meeting the intent of the new zoning regulations. The proposed master/site plan provides less than the basic amenities, mediocre building architecture, minimal landscaping and seeks only to crowd the site with more dwelling units than the site planner is capable of placing on the site in a reasonable design. Therefore, staff recommends that this request be approved, subject to the project enhancements as described in this staff analysis. Such enhancements should include, but are not limited to the following: 1. Integrate architectural elements to enhance the overall character of the development; 2. Change the orientation of the easternmost building to increase the visual and physical access to the recreation area; 3. Improve the aesthetic quality of the paseos and provide amenities that the project lacks; Enhance the wall surrounding the project and pro,~'ide additional landscaping to enhance the views and areas opposite less aesthetic adjacent uses, and improved the quality of interior living areas; 5. Provide additional parking spaces to prevent congestion and decline in the l~roject quality. A complete list of specific comments for the site plan, which, on adoption, will become the master plan for the I?UD, are attached as Exhibit "C". Staff acknowledges that the narrow shape of the site poses limitations, but notes that the site auributes outweigh the negatives. The proposed project is limited to one unit type, which may not be the best choice to compensate for site limitations and capitalize on its attributes, which Page 7 File Number: LUAR 02-005 The Harbors may only be fully utilized with greater flexibility in unit type and the addition of architectural. landscape, and other enhancements. Should the Community Redevelopment Agency Board and the City Commission recommend or adopt additional conditions of approval, said conditions will be included as Exhibit "C". ATTACHMENTS \\Ch,,MAlN,.Shrdata\PlanningXShareff, Wp. PROJEC'l'S\Thc Hatbors'LUAR 02-O05XSTAFF REPORT Revised.doc Location Map EXHIBIT "A" _ ~---~_N E-25.'F H -A'V E--~ AVE ¢ PUD - ,/!SITE ~, ST / I ,,i ,' R3 PJEC~ LAKE WORTH ICWW 300 6o0 Feet N X EXHIBIT "C" Conditions of Approval Project name: The Harbors File number: NWSP 02-012 Reference: 3rd review plans identified as a New Site Plan with a September 24. 2002 Plannin~ and Zonin~ Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. In accordance with Chapter 6, Article III, Sections II, 12 14, and 16, X widen Las Palmas Park from Federal Highway (U.S. 1) approximately 240 feet east (to the intersection of the roadway centerline with the extension of the subject parcel property line. Roadway configuration will consist of 3 lanes, of width as determined by the Director of Public Works (one eastbound lane, one dedicated left turn lane, and one westbound through lane), Type "F" curb and gutter and two - four (4) foot wide sidewalks (one on each side of the roadway). 2. Reconfigure signalization at the intersection of Las Palmas Park and X Federal Highway to add a left turn arrow to the signal head(s) for westbound Las Palmas Park traffic (Chapter 6, Article III, Section 16). The developer has coordinated with Palm Beach County Traffic Division. The rephasing of the signal shall be completed prior to the issuance of a Certificate of Occupancy. 3. Detail signing and striping as necessary (Chapter 6, Article III, Section X 16). 4. At the time of permitting, coordinate with the FDOT and Palm Beach X County Traffic for roadway and signalization improvements. UTILITIES Comments: None X FIRE Comments: 5. Design documents where underground water mains and hydrants are to X be provided, must demonstrate that the), will be installed, completed, COA2 t 0/09/02 DEPARTMENTS INCLUDE REJECT and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 6. Pursuant to City Ordinance 9-3F, the Fire Marshal has developed an X Administrative Order dated May 9, 2001 that provides the minimum performance for all security gates and emergency access. (Copy attached). 7. Emergency access shall be provided at the start of a project and be X maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition O[~erations, Section 5-4.3. POLICE Comments: None X ENGINEERING DIVISION 8. A lighting plan including photometrics, pole wind loading, and pole X details in conformance with the LDR, Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A will be required at the time of permitting. The lighting design shall provide a minimum average light level of one foot-candle. On the lighting plan, specify that the light poles shall withstand a 140 MPH wind load (LDR, Chapter 23, Article 11, Section A.l.a.) Add a note that the fixtures shall be operated by photo-electrical control and to remain on until 2:00 a.m. (LDR, Chapter 23, Article II, Section A.l.a.) Artificial lighting used to illuminate any property shall be directed away from all residential districts. 9. A plat shall be sul~mitted with construction drawings for fee simple X housing. The plat must be recorded prior to the issuance of a building permit for the project. 10. A copy of the proposed POA documents shall be submitted for review X and approval concurrent with the plat process. 11. Provide verification that the improvements within the submerged land X lease shall be transferable to the new owner. 12. At the time of permitting, indicate by note to what standard the project is X to be constructed; if the FDOT Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. COA2 10/09/02 3 DEPARTMENTS INCLLT)E REJECT 13. An excavation and fill permit will be required for this development. X 14. Provide written and graphic scales on all sheets. X BUILDING DIVISION Comments: 15. At time of permit review, submit signed and sealed working drawings of X the proposed construction. 16. At time of permit review, submit a copy of the recorded resolution that X verifies the abandonment of the alley, right-of-way or easement. 17. Add to the submittal a partial elevation view drawing of the proposed X perimeter wall. Identify the type of the wall material and the type of material that supports the wail, including the typical distance between supports. Also, provide a typical section view drawing of the wall that includes the depth that the wall supports are below finish grade and the height that the wall is above finish grade. The location and height of the wall shall comply with the wall regulations specified in the Zoning Code. 18. At time of permit review, submit for review an addressing plan for the X project. PARKS AND RECREATION Comments: 19. Since it has been determined that there are 54 single-family attached X units in this development, the Park and Recreation Facilities Impact Fee is computed as follows: 54 single-family attached units multiplied by $771 per unit equals $41,634 (Chapter 1, Article V). 20. The fee is due prior to the issuance of the first applicable building X permit. 2 I. 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. FORESTER/ENVIRONMENTALIST COA2 10/09/02 4 DEPARTMENTS INCLUDE REJECT Comments: 22. The applicant must identify and quantify the existing trees on the site as X shown on the survey sheet #1. 23. The landscape sheets should indicate the existing trees that will be X preserved, relocated or removed and replaced on each portion of the entire site. These trees should be shown with an appropriate symbol on each of the landscape sheets. 24. Any of the existing hedge plants noted on the sheets that are not of X acceptable quality during the landscape inspections must be replaced throughout the site. 25. All trees noted on the plant list must be a minimum of 12 feet in height X and three (3) inches in diameter at time of planting. 26. The plan does not show the City "signature trees "required at the X ingress/egress sites. 27. The plan does not show the seven (7) foot wide landscape buffer strip X along the adjacent public right-of-way. Revise the list to include 50% native shrub material. 28. Sheet LP4 of 6: The shrubs, and accents list meets the 50% native X species requirement, the palms list does not meet this requirement. Revise the plan accordingly. 29. Sheet LP5 of 6: The.palms, shrubs, accents, and ground covers list does X not meet the 50% native species requirement. Revise the plan accordingly. 30. There is no irrigation system plan included or noted on the landscape X sheet. Provide an irrigation plan at the time of building permit submittal. PLANNING AND ZONING Comments: 31. Place a note on all the primary landscape plan indicating that mulch X other than Cypress shall be used and maintained for landscape purposes (Chapter 7.5, Article Il, Section 5.C.8.). 32. The site data on sheet "SP I of 2" indicates that 110 parking spaces are X COA2 0/09/02 _ DEPARTMENTS INCLUDE REJECT required. Revise the data to indicate the correct number of required parking spaces (107). 33. The existing six (6) foot high wall, located along the north property line X shall be refurbished to match the color and style of the new wall. 34. On the landscape plan sheet labeled "LP I of 6" and "LP 2 of 6" X identify the row of hedges proposed along the southern property line. Also, staff recommends installing palm trees (single or double trunk Alexander, Montgomery, or Solitaire) along the southern facades of the four (4) unit buildings. 35. On the floor plan, the total area for "Model 1601" is incorrect. Any X change to the floor area on the floor plan will need to correspond to the tabular data of the site plan sheet "SP 1 of 2". 36. The buffer wall may not exceed six (6) feet in height (Chapter 2, Section X 4.J. 1). Prior to the City Commission meeting, provide a detail of the entry gates, including the dimensions, material, and color(s) used. 37. Provide an elevation of the "existing covered tiki bar" to be a "cabana". X Ensure that the colors of the cabana will be compatible with the color palette of the proposed townhouse buildings. 38. A fence is required around the pool area. Provide a detail of the fence. X On the site plan, show the points of access to the deck area currently outside the property line. 39. Provide a cross access agreement or written verification that access is X allowed between the subject property and the property to the east (with the wood deck and boat mooring area). 40. The plan shows that public "green" area will be provided in the form of X the 0.2 acre recreation area and the 32-foot wide front paseos. Staff recommends creating additional public "green" space equipped with amenities such as benches, a gazebo, and/or BBQ pit area. 4 l. The buffer wall along the north property line acts as a "terminating X vista" from each paseo area. Staff recommends incorporating additional decorative features such as fountains, statuary, or wall score lines to break the mundane wall expanse. 42. Staff endorses the concept of having a "focal point" to be located at the X northwest comer of the property. In addition to the landscaping, staff recommends that the "focal point" as shown as an asterisk (*) should be a fountain, statuary, gazebo or some other attractive public amenities. COA2 10/09/02 DEPARTMENTS INCLUDE REJECT 43. Provide an elevation of the "existing covered "tiki" bar to be a cabana". X Ensure that the colors of the cabana will be compatible with the color palette of the proposed townhouse buildings. 44. The entryway to the recreational area appears as though it is an amenity X for just the five (5) easternmost townhouse units. Staff recommends redesigning the entryway so that it is more welcoming to the entire development. Create an entrance pavilion to the recreational area that is on axis with the sidewalk. 45. Off-street parking for the development will be limited to two (2) car X garages in each unit and guest parallel parking spaces. Because there is no alternative parking provision, staff recommends that the garage area in each unit be increased in size in order to maximize the storage space for both vehicles and various items and to prevent / minimize the haphazard parking of cars throughout the development. 46. The 3rd floor plan does not show the side "bump-outs" and therefore, the X plan does not correspond to the revised elevations. The plans must be corrected to correspond with each other. 47. The plant list of landscape plan "sheet LP 5 of 6" does not indicate 34 X "VOA" plants. Correct the plan's tabular data. 48. Staff recommends configuring or angling the buildings in such a way X that will allow for more units to have direct visual access to the future Intracoastal Park. 49. Staff recommends incorporating a second or third story porch (or on X both stories) into the design of the townhouse units that face (front and/or side fa($ades) either the Intracoastal Waterway or the Intracoastal Park. 50. The main east-west sidewalk is four (4) feet in width. Staff recommends X increasing the width to at least five (5) feet. 51. Staff recommends further increasing the distance between buildings X (paseo areas) to allow for additional amenities and landscape material. 52. Staff endorses the concept of a pedestrian connection from the subject X property to the Intracoastal Park as shown on the southeast portion on the property. However, staff recommends that the entranceway be enhanced with additional landscaping, decorative lighting, and park-like benches. COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: COA.2 10/16/02 7 DEPARTMENTS INCLUDE REJECT 53. Since it has been determined that there are 51 single-family attached X units in this development, the Park and Recreation Facilities Impact Fee is computed as follows: 51 single-family attached units multiplied by $771 per unit equals $39,321 (Chapter 1, Article V). 54. The opening of the garage doors shall be 18 feet in width. X 55. Additional 90 degree parking (extra) spaces shall be provided along the X western property line. Driveway widths shall not be reduced to accommodate the additional parking. 56. Enhance the building facades of Building #1 and Building #2 by adding X architectural elements such as faux windows, shutters, raised bandings, and balconies to improve the appearance of the buildings that face US 1. 57. Provide landscaping nodes along the northern buffer opposite each drive X aisle. The northern perimeter hedge shall be maintained at six (6) feet in height. 58. Provide floor plans / details of the "cabana". The cabana shall be X compatible of the proposed townhouses. 59. Provide more specific details of dumpster enclosure including gates. X 60. The proposed f'trst floor color (Sherwin Williams #1335 - Thai Tan) of X the buildings shall be softened two (2) shades. 61. The proposed freestanding outdoor lighting fixtures shall be type "A" X rather than type "B". 62. The buffer shall be C.B.S. rather than pre-cast. X 63. Architectural changes in response to these conditions shall be X re-reviewed by the CRA prior to issuance of permits. COA.2 10/! 6/02 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION COMMENTS: Comments: 64. Omit #54 and #62. X MWR/elj S:\Planning~SHARED\WP~ROJECTS\The Harbom"~WSP 02-012~COA2.docS:~Ianning~SHARED\WP~ROJECTS\The Harbors\NWSP 02-012~COA. doc LAND =ESIGN dOUTH i Lanc~ Planning Lc~ndscope Architecture Environmental Consultation,, 561-478-8501 · FA~X 561 478-5012. Ccngress Busness Center, 1280 Nl. Congress Avenue, E~te 215 · West Pa:m Deccn. The Harbors Land Use Amendment, Rezoning, & Site Plan Approval Justification Statement Request The purpose of this Justification Statement is to request a Land Use Amendment, a Rezoning, and site plan approval for the subject property. The applicant is requesting to change the land use from Local Retail Commercial to Special High Density Residential and the zoning from Community Commercial (C3) to Infill Planned Unit Development (/PUD). On behalf of the Petitioner, Land Design South of Florida, Inc. is requesting a land use amendment, rezoning, and site plan approval of a 3.21-acre property with 54 upscale town homes. The subject property is generally located on the southeast corner of Federal Highway and Gateway Boulevard. Site Characteristics The 3.21-acre property currently has a Future Land Use designation of Local Retail Commercial and is located within the C3 (Community Commercial) Zoning District. As previously stated, the applicant is proposing to change the Future Land Use designation to Special High Density Residential and rezone the property to IPUD (Infill Planned Unit Development). The subject property is currently being used as a nightclub facility. There is an existing two-story 20,679 square foot building located on the eastern most portion of the site. The remaining portion of the site is used predominately for parking. In determining the impacts of the site we compared the maximum development potential at.the existing land use and zoning to the maximum development potential at the proposed land use and zoning. We also accounted for what the applicant is actually proposing. There are several different uses surrounding the subject property. There are two (2) different uses which border the subject property to the north. Along the eastern section of the northern property line is the Las Palmas residential community. This property has a Future Land Use Designation of Low Density Residential (LDR) and is located within the R1AA zoning district. Along the western portion of the northern property line is a gas station. This property has a future land use designation of Local Retail Commercial and is located within the C3 zoning district. To the east of the subject property is the Intracoastal Waterway. To.the south of the subject property is the proposed Boynton Beach City Park. This property has a future land use designation of Recreation and is located within the Recreation zoning district. To the west of the subject property is Federal Highway (94-foot Right-of-Way (ROW)) and the Florida East Coast (FEC) Railroad ROW (100-foot ROW). To the west of the FEC ROW are several residential properties. Due to the fact that there is over 194-feet of separation between the subject property and the properties to the west, the applicant did not consider the impacts of the proposed community on these properties. The Harbors Page 1 of 4 June ~. 2002 Proposed Impacts The subject property can currently be developed with either commercial or residential development. After the proposed land use amendment and rezoning the property will be allowed to be developed mainly as a residential use, with limited commercial use. The following tab',e identifies the development scenarios under the existing land use and zoning as well as the proposed. Existing I'and Use & Zoning Proposed Land Use & Zoning LRC/C3 SHDRJIPUD Maximum Development Potential 223,724 Sq. Ft. of Commercial 64 DU's & 34 DU's Proposed/Existing Development 20,679 Sq. Ft. of Commercial 54 DU's The existing zoning designation does not allow the development of fee simple townhomes. In order to develop the site the applicant has to rezone the property to the IPUD designation. The IPUD district is only allowed in the Special High Density Land Use designation. Therefore the applicant must also change the land use. With the new zoning and land use there is a limited amount of commercial that is allowed along Federal Highway. The applicant is not proposing commercial uses as a part of the proposed development. The timing and phasing of the proposed community is dependent on the approval of the rezoning, land use, and site plan. In order to determine a rough estimate of the development of the site, we will assume that the project will receive final approval in September 2002. Once final approval is obtained, the applicant will immediately begin the permitting process. The applicant will begin to clear and develop the property in March 2003. Development of the units will begin shortly after the clearing. Population, Water, & Sewer Comparisons The following table compares the demand for water and sewer based on the square footage allowed under the existing land use and zoning against the proposed land use and zoning. This demand was estimated using the standards adopted by the Palm Beach County Health Department when determining the potential impact of development. In order to determine the impact of the residential development we used the 2000 Census data of 2.26 persons per household. In addition, we used the 2001 LOS for the City of Boynton Beach. Infrastructure Information Water Provider City of Boynton Beach Level of Service 200 gallons per capita per day 22,372 gallons/day (3.21 ac X 43,560 sq. ft. X .40 Building coverage x Current Maximum Demand 4 stories x .1) Proposed Maximum Demand 29,018 gallons/day (3.21 AC X 20 DU/AC X 2.26 PPH X 200) (62 DU's) Proposed Actual Demand (54 24,408 gallons/day (54 X 2.26 PPH X 200) DU's) Proposed Change +2,036 gallons/day The Harbors Page 2 of 4 June 5, 2002 ; Wastewater Provider Level of Service Current Maximum Demand City of Boynton Beach 90 gallons per capita per day !22,372 gallons/day (3.21 AC X 43,560 SQ FT X .40 Building coverage x 4 stories x. 1 ) Proposed Maximum Demand (62 DU's) 13,058 gallons/day (3.21 AC X 20 DUIAC X 2.26 PPH X 90) Proposed Actual Demand (54 DU's) 10,983 gallons/day (54 X 2.26 PPH X 90) Change - 11,389 gallons/day Nuisances The existing land use of the subject property is Local Retail Commercial and the existing zoning district is Community Commercial (C3). The existing land use and zoning are not compatible with the residential nature of the area. To the north of the subject property are several different uses. Along the eastern portion of the northern property line are the Las Palmas Park and the Las Palmas Landing single-family residential community. These two communities have a land use designation of Low Density Residential (LDR) and are located within the RIAA (Single Family) zoning district. Along the western portion of the northern property line are commercial properties and a existing gas station. These properties have a future land use designation of Local Retail Commercial and are located within the C3 zoning district. To the east of the subject property is the Intracoastal Waterway. To the south of the subject property is a vacant property that has a Future Land Use designation of Recreational and is located within the Recreation (REC) zoning district. The property is proposed for a City of Boynton Beach Park. To the west of the subject property is Federal Highway (94-foot ROW) and the FEC railroad (100-foot ROW). The existing land use and zoning is not compatible with the surrounding residential nature of the area. Over the years the subject property has received numerous complaints from the surrounding residents due to loud music and the disruptive behavior of patrons to the nightclub and restaurant. Once the park to the south is completed, the existing use could potentially disrupt the activities occurring in the park. The applicant is proposing to change the land use of the subject property to Special High Density Residential. The applicant is also proposing to change the zoning designation to IPUD (Infill Planned Unit Development). The applicant is proposing to construct 54 upscale town homes on 3.21 acres. This results in a gross density of 16.82 dwelling units per acre. The proposed residential use is more consistent with the residential uses to the north and the proposed park use to the south. The proposed site plan submitted with this justification statement shows a 52-foot setback along the northern property line where the'subject property abuts the existing residential. Approval of the proposed land use plan amendment and rezoning will eliminate the incompatibility of uses currently occurring in the area surrounding the subject property. The Harbors Page 3 of 4 June 5. 2002 Site Plan Th? site plan dated June 5, 2002 submitted with this justification s'tatement shows a total of 54 three (3)-story town homes on a total of 3.21 acres. Each of the 54 town homes has a two-car g3: age. In addition (he site plan shows a total of 13 additional parking spaces for guest parking. VV'--en designing the site plan the applicant relied upon the draft code language for the Infill Pi.~ned Unit Development (IPUD) zoning district. This zoning district applies to properties located within the Community Redevelopment Area (CRA) that are greater than one (1) acre in size and smaller than five (5) acres. The applicant is proposing a three (3)-story town home on the subject property. This structure will be less then the maximum height of 45-feet. The IPUD district also has maximum lot coverage of 50%. The proposed site plan has building lot coverage less than 50%. Along with the rezoning application, the applicant is proposing to change the land use designation to Special High Density Residential. This designation allows a maximum density of twenty (20) dwelling units per acre. The applicant is proposing a total of 54 dwelling units on 3.21 acre for a gross density of 16.82 units per acre. This is consistent with the proposed land use designation. The minimum open space requirements for properties within the IPUD zoning district are 100 square feet per dwelling unit. The proposed site plan submitted with this justification statement shows a total of 1.45 acres of open space. This equates to 1,169 square feet per dwelling unit. There are several different buffers proposed around the perimeter of the site. The applicant is proposing two different buffers along the northern portion of the subject property. Along the portion of the property that abuts Las Palmas the applicant is proposing a seven (7) foot buffer. Along the remaining portion of the northern property line the applicant is proposing a five (5) buffer. At the pre-application meeting the City Staff requested that the existing vegetation along the northern property line, adjacent to the single-family homes, remain in place. Therefore the applicant is only proposing the one (1) tree per thirty (30) feet. The existing hedge will be cut out and a tree will be placed in the vacant area. The applicant is not proposing a buffer along the eastern property line due to the fact that it is adjacent to the Intracoastal Waterway. The applicant is proposing a five (5) foot buffer along the southern property line. There is also a buffer proposed for the future park to the south. The applicant is proposing a ten (10) foot buffer along Federal Highway. This will sufficiently buffer the future residents of the community, while increasing the amount of landscaping along Federal Highway. The proposed plan shows a large .20-acre recreation area on the eastern section of the property. This allows all of the residents of the proposed community to have access and to enjoy the Intracoastal. The recreation area will have a pool and cabana. It is the intent of the applicant to use the existing pool and "Tiki" bar structure located on the site. The property is structured so that most of the units front on a "paseo" area. This area will provide for guest entrance in to each of the units and create an intimate atmosphere between the units. In South Florida today, we are use to seeing the garage as the pre~lominate feature on the front of residential structures. The proposed homes have the garage in the back of the units. Each of the garages will be access via an 18-foot access way. Based upon the above and the attached information, the Petitioner respectfully request approval of this petition. N:\Project Files\389\389.53\The Harbors LUPA, Rezoning, & Site Plan Approval Just Stat.doc File: 389.53A, 53B The Harbors Page 4 of 4 June 5,2002 Requested City Commission Meeting Dates [] August6. 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 XII. - LEGAL ITEM B.3 CITY OF BOYNTON BEAC} AGENDA ITEM REQUEST FOl vl Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 ] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the November 6, 2002 City Commission Agenda under Legal, Ordinance - First Reading. The City Commission, on October 15, 2002 under Public Hearing unanimouslyCl~proved2 this request subject to all staff comments except for conditions g26 and #27. For further details pertaining to this r0altuest attached Department of Development Memorandum No. PZ 02-206. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Merano Bay (LUAR 02-006) Carlos Ballbe, Woodside Land Development Corp. AutoZone, Inc. Southeast comer of Shore Drive and North Federal Highway Request to rezone from Community Commercial (C-3) to Infill Planned Unit Development (IPUD). PROGRAM IMPACT: N/A FISCAL IMPACT: ,~/ N/A ALTERNATIV/~~A~/ Devel~men~ Dei]m'tment Dir~toY Planning and Z~fiing Director C~ty Manager's Signature City Attorney / Finance / Human Resources S:XPIanningXSHARED\WPkPROJECTSLMERANO BAY~LUARXAgenda Request LUAR 02-006 Ist reading CC 1 l-6-02.dot S:XplannmgX.SHARED\WP~ROJECTSXaMERANO BAY~LUAR~Agenda Request LUAR 02-006 CC 11-6-02.dot ORDINANCE NO. 02- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF MERANO BAY; AMENDING ORDINANCE 02-013 OF SAD CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM C-3 (COMMUNITY COMMERCIAL) TO INFILL PLANNED UNIT DEVELOPMENT ([PUD); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, AutoZone, Inc., as owner of the property more particularly described hereinafter, has heretofore filed a Petition, through their agent, Carlos Ballbe, Woodside Land Development Corp., pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain tract of land consisting of 1.75 acres, said land being more particularly described hereinafter, from C-3 (Community Commercial) to [PUD (Infill Planned Unit Development), subject to all staff comments; and WI-IEREAS, the City Commission conducted a public hearing on October 15, 2002, and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, during the public hearing the applicant for the Rezoning made material representations which were considered and were relied on by the City Commission in reaching its conclusions regarding the appropriateness of the proposed rezoning. The material representations made by applicant are set forth in the minutes of the City Commission meeting/Public Hearing conducted October 15, 2002. WI-IEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and WI{EREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set S: \CA\Ordinances\Planning\Rezoning\Rezonin~ - Merano ~ay. doc forth. 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. The following described land, located in the City of Boynton Beach, Florida as set forth as follows: A portion of Section 2, according to the Plat of COQUINA COVE, as recorded in Plat Book 24, Page 14, Public Records of Palm Beach County, Florida, being more particularly described as follows: Commence at the centerline intersection of Shore Drive and Ocean Inlet Drive as shown on said plat; thence Southerly along said centerline of Shore Drive and the arc of a curve, said curve being concave to the Northeast, having a radius of 182.40 feet a central angle of 23°23'56", a radial bearing at this point of North 90o00'00'' East an arc distance of 74.49 feet to a point; thence South 00°00'00'' East a distance of 50.01 feet to the POINT OF BEGINNING of the hereinafter described parcel, thence continue South 00°00'00'' East a if 184.96 feet to a point; thence North 90o00'00'' West along the South line of said ;ection 2, a distance of 290.46 feet to a point on the East line of the parcel described in Official Record Book 606, Page 198 and the East right-of-way line ofU. S. Highway No. 1; North 02°54'00'' East along said right-of-way line a distance of 20.02 feet to the of a curve concave to the East having a radius of 7,589.49 feet and a central angle of 01°47'46"; thence Northerly along the arc of said curve a distance of 17.87 feet to a point on the South right-of-way line of said Shore Drive; thence South 90o00'00'' East along said South right-of-way line, a distance of 202.88 feet to the beginning of a curve concave to the Southwest having a radius of 25.00 feet and a central angle of 76°18'38"; thence Southeasterly, along the arc of said curve a distance of 33.30 feet to the beginning of a reverse curve, having a radius of 207.40 feet and a central angle of 22°29'39"; thence Southeasterly along the arc of said curve a distance of 81.43 feet to the POINT OF Containing in all 76,024.186 square feet or 1.745 acres more or less. and the same is hereby rezoned fi:om C-3 (Community Commercial) to 2LtD (Planned Unit A location map is attached hereto as Exhibit "A" and made a pan of this by reference. Section 3: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby S:\CA\Ordinances\Planning\Rezoning\Rezoning - Merano Bay.doc repealed. Sec.tion 6: Should any section or provision of this Ordinance or any portion thereof ~e declared by a court of competent jurisdiction to be invalid, such decision shall not affect the emainder of this Ordinance. Section 7. 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 ATTEST: Commissioner City Clerk (Corporate Seal) :\CA\Ordinances\Planning\Rezoning\Rezoning - Merano Bay.doc Location Map Merano Bay EXHIBIT "A" ,I '] J F~3 : ~ .... ' LAKE WORTH BOYNTON CANAL C-16 O~100 800 F~t DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO, PZ 02-206 TO: FROM: Chairman and Members Community Redevelopment Agency Board Dick Hudso~CP Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: September 30, 2002 Project/Applicant: PRO3ECT DESCRIPTION Merano Bay/Woodside Land Development Corp. Agent: Carlos Ballb~ Owner: AutoZone, Inc. Location: Southeast corner of Shore Drive and North Federal Highway File No: Land Use Amendment/Rezoning (LUAR 02-006) Property Description: Vacant property consisting of .'_-1.75 acres, classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial Requested change/use: To reclassify the subject property from Local Retail Commercial (LRC) to High Density Residential (HDR), and rezone from C-3 Community Commercial to IPUD - Infill Planned Unit Development in order to construct a 20-unit fee simple townhouse community. Adjacent Land Uses a'nd Zoning: North: Right-of-way of Shore Ddve, then developed commercial (Yachtsman's Plaza) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. South: Right-of-way of Boynton (C-16) Canal, then developed single-family residential (Harbor Estates) designated Mixed Use (MX) and zoned R-l-AA Single Family Residential (5.4 du/ac). East: Right-of-way of Shore Drive, then developed single-family residential (Coquina Cove) designated Low Density Residential (LDR)(4.84 du/ac) and zoned R-l-AA Single Family Residential (5.4 du/ac). Page 2 File Number: LUAR 02-006 Herano Bay West: Rights-of-way of Federal Highway and the Florida East Coast (FEC) Railroad, then undeveloped property designated Local Retail Commercial (LRC) and zoned C-3 Communib/ Commercial. MASTER PLAN ANALYS:[S A master plan is required for all requests to rezone to Planned Unit Development (PUD) or Planned Unit Development (]:PUD). For this project, the site plan also functions as the master plan. Generally, staff is in favor of converting the existing vacant commercial property to a residential use and to increase the overall allowable density to 11.4.6 dwelling units per acre. However, this exceeds the maximum densib/of the High Density Land Use Classification. Under its present land use the property could be developed for the range of commercial uses permitted with the existing Local Retail Commercial designation. This land use designation also allows rezoning to the ]:PUD zoning district at a density of 10.8 dwelling units per acre for a total of 18.9 units. The developer requested a change of land use to the High Density Residential, which also has a maximum density of 10.8 dwelling units per acre, while a change to Special High Density Residential land use would allow the necessary 20 dwelling units per acre. The City Commission adopted the Federal/-Iighway Corridor Redevelopment Plan on May 15, 2001 to allow for a variety of housing styles at intensities that will assist in supporting the downtown redevelopment, l:t also served as a catalyst to encourage redevelopment and infill development of the eastern portion of the City along Federal Highway and to promote the overall general economic expansion of the City. ]:mplementation of the P/an included an amendment to the Land Development Regulations to create the :[PUD zoning district. This new zoning district allows for a greater variety of housing types in order to redevelop infill parcels, specifically along the Federal Highway corridor. This new zoning district allows for greater flexibility in terms of lot size and setback restrictions. As promulgated in the Comprehensive Plan, all development proposed within the :[PUD should exceed the basic development standards of the conventional residential zoning districts. This characteristic should be evident in terms of a project's site design and site amenities. This project represents one of the first requests for the ]:PUD zoning district designation. Staff recognizes this circumstance and expects the best possible development, in particular, that this project will set the standard for future ]~PUD developments. Staff determined that the layout of the buildings, the allocation of back-up space, and the distance between each building are in the optimal configuration and therefore, exceed the basic development standards. ]:n conclusion, the proposed site plan does meet the intent of the ]:PUD zoning district. As previously stated, the subject property would be eligible for 10.8 units / acre or 18.9 total units if converted to a residential use under the existing commercial land use. The IJlan proposes 20 total units or two (2) additional units over the current maximum allowable number of units. The plan and its configuration of the townhouses buildings satisfy optimal design objectives without forfeiting on any site amenities. Staff is recommending that the rezoning to the ]:PUD zoning district and master/site plan be approved contingent upon the approval of a reclassification to the Special High Density land use classification, which allows the proposed density, or the reduction in units to conform to the maximum density (10.8 units per acre) currently allowed. Page 3 File Number: LUAR 02-006 Herano Bay PROJECT ANALYS]:S The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and En/:orcement, :Item C. Comprehensive P/an Amendments: Rezon/ngs. 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 Hap. ac Whether the proposed rezon/ng would be cons/stent with applicable comprehensive p/an po#c/es including but not//m/ted to, a prohibition against any increase in dwelling unit density exceeding .FO in the hurricane evacuation zone without writ?eh approval o? the Palm Beach County Emergency Planning D/v/s/on and the City's risk manager. The planning department shall a/so recommend i/m/tat/OhS or requirements, which would have to be imposed on subsequent development oF the property, in order to comply with poi/c/es contained in the comprehensive p/an. The property in question does lie east of Federal Highway, and therefore is in the hurricane evacuation zone for a Category i (Saffir/Simpson Scale) hurricane; however, the applicant proposes to develop a townhouse community of only 20 units, therefore falling below the 50- unit level. Staff would recommend that the developer apprise each homebuyer in the development of the fact that they are buying property in a hurricane evacuation zone and provide a mechanism to disseminate continuing information to residents concerning hurricane evacuation and shelters through a homeowners' or residents' association. Policy 1.13.3 of the Land Use Element reads: "The City' shall continue to encourage/nfl//development and redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment Master Plan, and the po#c/es contained in the Coastal Management Element." The adoption of the Infitl Planned Unit Development (IPUD) regulations was a direct response to the cited policy directions as well as policy directions in the ?edera//-//ghway Corridor Community Redevelopment P/an. The introduction to the regulations states: "It is a basic public expectation that landowners requesting the use o? the IPUD district wi//develop design standards that exceed the standards of the basic development standards in terms o? s/te design, bu#d/ng architecture and construct/on mater/a/s, amen/t/es and landscape design. The extent of variance or except/on to basic design standards, including but not//m/ted to requirements for parking spaces, parking icg and circulation design, and setbacks, w/ii be dependent on how we//the above stated planning expectations are expressed in the proposed development p/an." The site plan (Exhibit B) for the proposed development will, upon approval, become the master plan for the :[PUD. :It also meets the basic expectations of the code through the provision of notable architectural character that will be an enhancement to the corridor; convenient and Page 4 File Number: LUAR 02-006 Merano Bay adequate parking as well as recreational amenities for residents and guests; and landscaping that is both varied and abundant. Whether the proposed rezon/ng wou/d be contrary to the established/and use pattern, or wou/d create an/so/ated district unre/ated to adjacent and nearby districts, or wou/d ¢onst/tute a grant o/: spec/a/ pr/v//ege to an/nd/v/dua/property owner as contrasted w/th the protection o? the pub//c we//:are. The proposed rezoning would not create an isolated district, but would relate to the adjacent single-family residential lands to the east and will form a logical transition between that lower density residential development and the commercial development, lying to the north of the subject site, along Federal Highway. c. Whether changed or changing conditions make the proposed rezon/ng des/rab/e. A number of changed and changing conditions make the proposed rezoning desirable. The Federa/Highway Corridor Community Redeve/opment P/an, adopted by the City Commission on Nay 15, 2001, included the following strategy to provide a strong residential base that is aesthetically inviting: "Encourage a variety of housing. Deve/op intensity standards that a/iow ?or a variety of housing sty/es and types at intensities that wi//ass/st in supporting the downtown and genera/economic expansion." In response to this strategy, the city adopted amendments to the land development regulations, adding the Inflll Planned Unit Development (IPUD) zoning district to allow a greater range of housing types to be developed on infill parcels, specifically along Federal Highway in the entrance districts. Residential densities for the IPUD zoning district can range from 10.8 du/ac to 20 du/ac. The two entrance districts are defined by the redevelopment plan as the areas of the Federal Highway corridor from the north city limits to the Boynton (C-16) Canal, and from Woolbright Road to the south city limits. The IPUD zoning district regulations are relatively flexible in order to encourage developer creativity, including townhouse developments on small infill and redevelopment parcels in exchange for a superior residential project that exceeds conventional standards. In addition, the South Florida housing market is experiencing a growing popularity of townhouse developments as a residential unit of choice, particularly in urban areas. d. Whether the proposed use wou/d be compat/b/e with ut///ty systems~ roadways, and other pub//c fac#it/es. Development of the property for residential use will reduce the demand for water and sewer capacity from the potential demands, if the property is developed with the commercial uses and intensities allowed under the existing land use and zoning. Likewise, utilizing the daily trip generation rate used by the Fair Share Road Impact Fee Schedule, the project is expected to have a total average trip generation of 140 trips per day. This is far less than the 2,623 trips per Page 5 File Number: LUAR 02-006 Merano Bay day that 61,000 sq. ft. of commercial space would generate, if the proper'o/were developed under its present land use designation. :it is also less than the $00 trips per day threshold requiring submittal of a traffic impact analysis. With respect to solid waste, the SWA has stated in a letter dated December 18, 2001, that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The Palm Beach County School District has reviewed the project for school concurrency and approved it. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. eo Whether the proposed rezon/ng would be compatible with the current and Future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The master plan for the proposed use shows a residential development with easily accessible recreational amenities, at-tractive elevations and well-designed residences that will have a positive effect on adjacent residential property values. f. Whether the property is physically and economically developable under the existing zoning. Under its present land use and zoning the property could be developed for the range of commercial uses permitted in the C-3 Community Commercial zoning district. :in 1998 a request for site plan approval was submitted to construct a 7,234 sq. ft. retail commercial building for auto parts sales. The applicant withdrew the application prior to review by the City Commission. g. Whether the proposed rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed development is exemplary of the type of redevelopment and infill projects envisioned when the :[PUD regulations were adopted in that the design well exceeds the requirements of the basic development standards as cited under the response to criterion "a'; above. This and similar, developments will help to underpin the redevelopment efforts in the Federal Highway Corridor and also increase the variety of types and styles of housing to support general economic expansion. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is a/ready a/lowed. There are very few residentially designated sites in the City that provide opportOnities for small to medium-sized developments of this type. CONCLUS:iONS/RECOI~II4ENDATIONS As indicated herein, this request is consistent with the intent of the Infill Planned Unit Development zoning district; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that Page 6 File Number: LUAR 02-006 Merano Bay the rezoning to the IPUD zoning district and master/site plan be a[Jproved subject to the Conditions of Approval accompanying the site plan, which upon approval, becomes the master plan for the IPUD, and contingent upon the approval of a reclassification to the Special High Density land use classification, which allows the proposed density, or the necessary reduction in units as described herein. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included within Exhibit "C". A'l-rAC H M ENTS j:\$HRCATA\P!anmng\$HARED\Wp\pRO.~EC~,'~,~'~MFRANO 8AY~LUAR\~'TAFF REPORT LUAR.~OC Location Map Merano Bay EXHIBIT "A" 8{30 LAKE WORTH ICWW -I BOYNTON CANAL C-16 , ,, :t SOUTH'. i;itll il! ' '".y / DER ~_C-. 800 Feet T fi'ON A V~HOIH '$'F1| F~ "r X 1.1.1 EXHIBIT "C" Conditions of Approval Project name: Merano Bay File number: N%VSP 02-014 Reference: 2"a Review plans with a Planning & Zoning date stamp marking of September 24. 2002. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. Minimum backup distance for 90° parking is 24 feet. Revise roadway width X accordingly. 2. Reference FDOT Standard Index 546 for the sight triangles along all collector X and arterial roadways. A 10 feet x 10 feet sight triangle is inadequate for Federal Highway. It is also necessary to check sight distances at the intersection of Shore Drive and Federal Highway to ensure there is no conflict with sight distances and the new privacy wall on the north property line UTILITIES Commenf~q: 3. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE, Section 26-16(b)). In addition, the LDR, Chapter 6, Article IV, Section 16. requires that all points on each building be within 200 feet of an existing or proposed f'u:e hydrant. Please demonstrate that the plan meets this condition, by showing all hydrants, both existing and/or proposed. 4. A "Hold-Harmless" agreement with the Utilities Department, for maintenance X and repairs, will be required where paverblock is placed within the utility easements. FIRE Comments: None X POLICE Comments: None X ENGINEERIIi~G DIVISION Conditions of Approval DEPARTMENTS INCLUDE REJECT Comments: 5. All work done within the Federal Highway right-of-way shall require FDOT X approval and permitting. 6. Sheet SP-l of I refers to the relocation of several signs and power poles along X Federal Highway. Indicate where the signs will be relocated to and who will perform the work. All work done within the Federal Highway right-of-way will require FDOT approval and permitting. 7. Indicate to what standard the project is to be constructed; if the FDOT X Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. 8. Provide written and graphic scales on all sheets. X 9. Sections A-A, B-B, and C-C are indicated on Sheet DI of 1 but no typical X sections were found in the plan set. 10. Provide a detail for the i~averblock driveways. X BUILDING DIVISION Comments: i 1. Sheet A-i - Pool House Front Elevation - shows a water feature and floor X plan shows a drinking fountain. Clarify. Drinking Fountain shall comply with 2001 Florida Buildin~ Code, Section 1.1-4.1.3 (10)(A). PARKS AND RECREATION Comments: 12. The Park and Recreation Facilities Impact Fee requirement for Single Family X Attached Homes is based on $771 per unit. Since there are 20 single family attached homes shown on the plan, the fee is computed to be $15,420 ($ 771 x 20 units). Fee is due at the time of the first applicable building permit. FORESTER/ENVIRONMENTALIST Comments: 13. The applicant should provide a tabular summary on sheet L-I showing that X the site contains a minimum of 50% native species. All trees must be minimum of 12 feet in height. Revise plans. DEPART*lENTS INCLUDE REJECT PLANNING AND ZONING Comments: 14. Approval of this site plan is contingent upon the approval of rezoning to [nfill X Planned Unit Development (IPUD) and the removal of two (2) units or a subsequent reclassification to the Special High Density land use classification which allows the proposed density. 15. The site plan tabular data indicates that the total pervious area is 0.74 acres or X 42.7% of the total site. Likewise, the tabular data indicates the setbacks for concrete patios for each townhouse, which can be built out in the future. In the tabular data, provide the pervious area if all townhouses built concrete patios pursuant to the PUD's self-imposed restrictions. In addition, on the site plan, outline the area (in a soft dashed line) of the patio area if developed according to the maximum allowable restrictions. 16. If a fence is required around the pool / clubhouse area, provide a detail of the X fence including the dimensions, material, and color (Chapter 4, Section 7.D.). 17. Fifty percent (50%) of site landscape materials must be native species. X Indicate the percentage amount of native material in the plant list of the landscape plan (Chapter 7.5, Article II, Section 5.P). 18. Coordinate with the City Forester / Environmentalist regarding the installation X of brick pavers and palm trees within the U.S. 1 right-of-way. 19. Staff recommends placing a Palm Tran bus shelter along Federal Highway. X The shelter dimensions are typically six (6) feet in width by nine (9) feet in length. If a bus shelter is located nearby, staff would also recommend collaborating with Palm Tran and the affected property owner (FDOT) in order to upgrade the facility. 20. No signage was submitted with these plans. Any proposed sign will require X separate review and apbroval by the CRA Board. 2 I. Provide a note on the plan stating that the proposed buffer wall will be X painted to match the color of the buildings. 22. On the elevation sheet label all major exterior finishes to include the X manufacturer's name and color code. 23. A 24-foot backup is required for units ! and 20. A waiver is required. X 24. Staff recommends additional landscaping consistent with the overall X landscape plan at the end of the buildings to enhance the buildings fa(jade as seen from adjacent residential properties to the east. 2.5. To fully maximize the two (2) spaces provided in front of the buildings, staff X recommends adjusting the landscape material to allow a two (2) foot overhang. Conditions of Approval 4 DEPARTMENTS ADDITIONAL COMMUNITY REDEVELOPMENT BOARD AGENCY CONDITIONS Comments: 26. Any proposed wall within the development shall be C.B.S. only. 27. Increase the proposed garage openings to nine (9) feet in width. 28. Increase the central green area around the pool to accommodate more landscaping while maintaining minimum turning radius. 29. Enhance the side elevations of units #1 and #20 adjacent to North Federal Highway with the same architectural elements found on front facades 30. Enhance the rear elevations of buildings #1, #2 and #4 with similar features (i.e., balconnettes, balustrades, mouldings, etc.) found on front facades. INCLUDE REJECT X X X X X 31. Extend the base score line around the end facades of the purposed buildings. X 32. Staff to coordinate with the applicant the details of the waiver for the X driveway dimension on units #1 and #20. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. Omit #26 and #27. X S:\Pfanning\SHAR ED\W P\P ROd ECTS\M ERANO BAY~NW SP\COA.doc Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 XII. - LEGAL ITEM C.1 CITY OF BOYNTON BEACt 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 (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 a Resolution of consent and support for the annexation of property by the Town of Lantana. EXPLANATION: The Town of Lantana has requested cooperation from the City to effectuate the annexation of seventeen (17) parcels of property located east of Seacrest Boulevard and south of Hypoluxo Road, which form the entrance corridor for the Town of Lantana. There are properties within that designated area that receive water service from the City of Boynton Beach through individual water service agreements. Contained in the water service agreements is a provision, which requires property owners to voluntarily annex into the City of Boynton Beach, when those properties become contiguous with the City of Boynton Beach. The Town of Lantana has requested waiver of the referenced annexation provisions and confu'mation that the City will continue to supply water service to those properties following annexation by the Town. The resolution, as written, is not effective until the Town of Lantana adopts a resolution affirming that the Town of Lantana is not pursuing the annexation of parcels located west of Seacrest Boulevard and south of the centerline of Hypoluxo Road. This provision is contained in Section 6 of the Resolution. PROGRAM IMPACT: Adoption of the Resolution will assist the City in affirming boundaries with the Town of Lantana. FISCAL IMPACT: None. The City will continue to receive utility revenues from the properties. ALTERNATIVES: Deny the request of the Town of Lantana. Department Head's Signature City Manager's Signature City Attorney Department Name City Attom~/"Finance / Human Resources SSBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, EXPRESSING CONSENT AND SUPPORT FOR THE ANNEXATION OF PROPERTY BY THE TOWN OF LANTANA; WAIVING ANNEXATION PROVISIONS OF WATER SERVICE AGREEMENTS WHICH AFFECT THOSE PROPERTIES; AUTHORIZING THE CITY ADMINISTRATION TO EXECUTE DOCUMENTS TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Lantana has requested cooperation from the City of Boynton Beach to effectuate the annexation of seventeen parcels of property located east of Seacrest Boulevard and south side of Hypoluxo Road which form the entrance corridor for the Town of Lantana (hereinafter Annexation Area); and WHEREAS, there are properties within the Annexation Area which received water service fi.om the City of Boynton Beach pursuant to individual Water Service Agreements; and WHEREAS, there are provisions of the Water Service Agreements which require property owners to voluntarily annex into the City of Boynton Beach when those properties become contiguous with the City of Boynton Beach; and WHEREAS, the Town of Lantana has requested waiver of the referenced annexation provisions and confirmation that the City of Boynton Beach will continue to provide water service to the properties following annexation into the Town of Lantana; and WHEREAS, the City Commission of the City of Boynton Beach finds that the annexation of the referenced parcels into the Town of Lantana, the waiver of annexation provisions in favor of the City of Boynton Beach, and the continuation of water service to those properties are in the best interest of the public. 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. Section 2. The City of Boynton Beach hereby consents to and supports the annexation of seventeen parcels of land described and on Exhibit "A" into the Town of Lantana. Section 3. The City of Boynton Beach waives enforcement of the annexation ~rovision of any 'Water Service Agreement between the City of Boynton Beach and the properties listed on Exhibit "A". Section 4. The City of Boynton Beach reconfirms its Agreements to provide water service to the parcels listed on Exhibit "A". Section 5. The City Administration is authorized to execute documents necessary to effectuate the intent of this Resolution. Section 6. That the Town of Lantana, by Resolution No. R-! 1-02, dated October 14, 2002, affirmed that the Town of Lantana has no current policy or intention of annexing the area west of Seacrest or further south of Hypoluxo, and will confer and consult with the City of Boynton Beach if additional annexation is contemplated in the future. Section 7. That this Resolution shall become effective immediately. PASSED AND ADOPTED this day of November, 2002. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk EXHIBIT 'A" O,~ mar'leS 500 Greynolds Circle Lantana, FL 33462-4594 (561) 540-5000 Fax (561) 540-5009 www.lantana.org Mayor David I. Stewart Councilmembers Louis M.Canter Tom Deringer Ronald S. Edwards Elizabeth Tennyson Town Manager Michael Bornstein "Lantana, an old Florida Community of Friends, Families and Neighbors. ' September 25, 2002 Honorable Warren Newell, Chairman Palm Beach County Board of County Commissioners 301 N. Olive Avenue West Palm Beach, FL 33401 Subject: Annexation of Properties on Hypoluxo Road Dear Cormnissioner Newell: The Town of Lantana has been working toward the annexation of seventeen commercial properties on the south side of Hypoluxo Road, east of Seacrest Boulevard. Our goal is to gain jurisdiction over both sides of Hypoluxo Road, one of the major gateways to Lantana. Enclosed is a copy of the Annexation Report, which the Town is required to file with the County, according to Section 171.042, Florida Statute& Prerequisites to annexation. The report was accepted by the Town Council at its September 23, 2002 meeting. It focuses on how urban services will be provided to the annexed area. During the next few weeks, the Town will be preparing the necessary annexation ordinance and obtaining the consent of the affected property owners. We anticipate completing the annexation by November, 2002. If you have any questions, please call me at 561-540-5010 Michael Bornstein Town Manager CC: Robert Weisman, County Administrator Kurt Bressner, City Manager, City of Boynton Beach RESOLIYrlON NO. R-II-02 A RESOLUTION OF THE TOW~ COUNCIL OF ]'H~ TOWN OF LAbiTANA, FLORTDA, AFFIRiVI]ZqG THAT THE TOW1q'~; CURRE~ POLICY REGARDING THE PROPOSED ANNEXATION OF SEVEHTEEH PARCELS OF REAL PI~.OPERTY ON TI-LE SOUTH STDE OF HYPOLUXO P,.OAD AND EAST OF SEACREST BOULEVARD DOES NOT INCLUDE AN INTENT TO ANNEX ANY RF. AL PROPERTY WEST OF SEACREST BoLrLEVARD OR SOUTH OF TI~ S£VID;TEEN PARCELS TO BE ~ WI-QCH IS DP. SCRIBF. D ON F. XH]BIT · 'A" ATTACHED HERETO; FURTHER AFFXRMING THAT THE TOWN OF LANTANA WILL CONFER WITH THE CITY OF I]OYNTON ]BEACH IF ADDITIONAL ANNT. XATION ON THE SOUTH SIDE OF HYPOLUXO ROAD IS CONTEMPLATED BY THE TOWN iH TIiE FL~'Lr~; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Town of Lantana has bogun to effectuate tha annex~ou of seventeen parcels property located east of Scacrest Boulevard on the muth side of Tlypoluxo Road, forming the eouan¢¢ corridor to the town; and WHE~, to fttrth=' e~:ctuate Ibc ;amexation process, the Town of Lantam has sought the cooperation of the City ofBoynton Betch, Florida, who provides the parcels to be annexed ~h water services; and WHEREAS, the City of Boynton Beach Ires pledged its cooperation by w~iving its own =mcradan pmvisiam appticable to the parcels tn be armexed minting to the provision ofwatsr services, and by agreeing to continue to provid= water services to the pm'eels to be mne~ed, upon coM'trmalion by the Town of Lantana that it'cun~ntly has no policy or intenl to annex any areas west of Seacrest Boulevard or any further south of Hypotuxo Road, and that it will confer' with the City of Boynton Beach regarding future armexatioa in the area south of Hypolu.xo Road. NOW, THEREFORE., BE IT RESOLVED 1BY TiE TOWN COUNCIL OF TI4E TOWN OF LANTANA, FLORTDA~ THAT: ~tim~t: The Tower Comtcll of the Town of Lantam does ~ affum tim the T°wn has no current policy or int~tion of annexing any at'mm west of Sea. rest Boulevard, or my furtha' soulh ofHypokam Ro~ct, ttmm those shown a~ the map i~tod and anar. hed to this Resolution as Exhibit -I- ~-d IIgB-9Bq-t9c~ 3/1H!9 ¶ lJ. 31t~lO~ ¼Big:O! ~O0~ ~I .LDO Aye Nay ~,. Ayc Nay ~,, Aye Nay Aye Nay , Aye COUNCIL Aplnoved as to form and · (SEAL) -2- ANNEXATION REPORT HYPOLUXO ROAD PARCELS September, 2002 i~'q~ar~l by: Town of Lantana Development Serv/ces Department Town of Lantana Annexation Report For Hypoluxo Road Parcels The Town Council of Lantana proposes to annex seventeen (17) commercial parcels on the south side of Hypoluxo Road, located in the block between Seacrest Boulevard and San Castle Boulevard. The Town seeks to annex these pax'eels in order to provide for a more uniform and aestketically pleasing entrance way into the Town of Lantana since the properties on the north side vt'tttis major gateway road are already witltin the corporate limits of the Town. The first impression of Lantana for visitors and residents using Hypoluxo Road is largely determined by the appearance of businesses and properties in the proposed annexation area. The Town l~elieves that the annexation of these parcels would result in improved landscaping and signage along Hypelu×o Road and would serve to increase the property values of the annexed parcels a~ well ~ sm'rotmdmg properlies. There will be several advantages accruing to the parcels under the jurisdiction of Lantana. Our small town attitude is friendly to businesses and citizens alike. The newly annexed properties will benefit from taster police service than presently available from the county due to the closer proximit2,' to the police station. Also, review of plans and development orders necessary to improve the properties can be processed much more rapidly by Lautana than by the county, simply by virtue of the sheer volume of paperwork submitted to the county on a monthly basis. Annexation Regulations Annexations by local governments are regulated by Chapter 171, .Florida Statutes. Section 172.942 F.S. Prerequisites to annexation specifies conditions precedent to commencing the annexation process under section 171.0413, F.S. and this report is listed as a requirement in section 2 71.042 F.S. Each requirement listed in section Ch. 171,042 is set forth in italics followed by the Town's response in bold letters. (l) Prior to commencing the annexation procedures under s. 171,0413, the governing body of the municipali~ shall prepare a report setting forth the plans to provide urban services to any area to be annexed, and the report shall include the following: (a) .4 map or maps of the municipality and adjacent territory showing the present and proposed municipal boundaries, the pre$ent major trunk water mains and sewer interceptors and out)Calls, the proposed extensions of such main.) and outfalls, as required in paragraph (c), and the general land use pattern in the area to be annexed. The required Maps are attached as: Map 1 - Annexation area parcels Map 2 - Extstlng water and sewer lines (City of Boynton Beach) which serve annexation area. Map 3 - Lantana Municipal Boundaries and General land use pattern of annexation area. statement certi~., ing that the area to be annexed meets the criteria in s. 171.043. Sect:on 17J.043. Character of the area to be annexed,- ,4 municipal governing body may propose to annex an area only if it meets the general standards of subsection (]) and the requirements of either subsection (2) or subsection (3). (I) The total area to be anne,~ed must be contiguous to the municipality's boundaries at t.he time the annexation proceeding is beg'un and reasonably ct~mpact, and no part of the area shall be included within the boundary of another incorporated municipality, Map 1 shows that the area proposed to be annexed ii contiguous to the southern municipal boundat3' of the Town of Lantana, which is Hypoluxo Road. Ali of the proposed annexation area ia presently located in unincorporated Palm Beach Count~. (2) Part or all of the area to be annexed must be developed for urban purposes. ,4n area developed for urban purposes is defined as any area which meets any one of the followt'ng standards: (a) It has a total resident population equal to at least two persons for each acre of land included within tis boundaries; (b) It has a total resident population equal to at least one person for each acre of land included within its boundaries and is subdivid~l into lots and tracts so that at least 60percent of the total number of lots and tracts are l acre or less in size: or (c) It is so developed that at least 60 percent of the total number of tots and tracts in the area at the time of annexation are used for urban purposes, and it is subdivided into lots and tracts so that at least 60 percent of the total acreage, not counting the acreage used at the time of arm~xation for nonreZ*dential urban purposes, consists of lots and tracts 5 acres or less in si~e. This annexation area meets the definition of "developed for urban purposes"- as described in item ¢ above. Table 1 shows the sL~e, address, property control number and owner's name for each lot. All of the lots are less than five (5) acres in size. All of the lots in the proposed annexation area are presently zoned for commercial use and can be used for urban purposes. Six of the lots are vacant. One hundred percent of the total acreage is subdivided and used for non-residential urban purposes. There are no residential uses axed no residents living in the proposed annexation area, which ia entirely commercial in nature, being on the South side of a multi-lane thoroughfare. (3) In addition to the area developed for urban purposes, a municipal governing body may include in the area to be annexed any area which does not meet the requirements of yubsection (2) if such area either: (a) Lies between the municipal boundary and an area developed for urban purposes, so that the area developed for urban purposes is either not adjacent to the municipal boundary or 2 cannot be served by the municipality withou~ extending ser~,ices or water or sewer hnes through such sparsely developed area; or (3) [s adjacent, on at least 60 percent of its external boundary, to any combination of the municipal boundary and the bouncla~ of an area or areas developed for urban purposes as de. fined in subsection (2), The annexation area meets the requirements of subsection (2) above. (c) .4 statement setting forth the plans of the municipality for extending to the area to be anne. Ted each ma/or municipal ser~¥ce performed within the municipality' at the time of annotation. SpeciJ~calb,. such plans shall: I. Provide ]hr extending urban services except as otherwise provided herein to the area to be annexed on the date of annexation on substantially the same basis and tn the same manner as such .,ervices are provided within the rezt of the municipally' prior to annexation. Police service - Although the annexation area is located outside the Town's boundaries, for several years the Town of Lantana Police Department has responded jointly with the County Sheriff's Office to most calls for police service. The Town's police station is located very near the annexatiou area and police road patrol units can currently respond to calls in the annexation area within less than 3 minutes from any location in the Town. No additloual police officers or admiuistTatlve staff will be required to serve the annexation area in the same manner as the rest of the Town. Fire and eme. rtency medical service - The provision of these services will not change in the annexation area. The Town contracts with the County for fire service and E~I$, which is provided by the County Station 37, located adjacent to the Lantana Town Hall. This statiou p resently.se~es ~t~e-onn e]ta~en'4vea. Recreation and library,, services - All of the parcels within the annexation area are commercial and will not generate demand for recreation and library services. Solid waste services - The Palm Beach County Solid Waste Authority currently provides solid waste collection and disposal services for the annexation area in the unincorporated county. The property owners or businesses pay for this service. The Towu of Lantana does not provides solid waste collection service to business commercial or industrial establishments, only to residential uses. Therefore~ the businesses in the annexation area must use private firms for the collection service. According to the Solid Waste Authority's annual capacity letter dated December 18, 2001 (attached) the county has adequate landfill capacity through the year 2021. The annexation of these parcels will not impact the landfill capacity. 2. Provide for the extension of exi.~ting m~tnicipal water and sewer services into the area to be annexed so that, when such so'vices are provided, property owners in the area to be annexed will be able to secure public water and sewer service according to the policies in effect tn such municZpality for extending water and sewer ltnes to individual lots or subdivisions. The annexation area is located within the City of Boynton Beach water and sewer service area. Water and sewer seN'ice is currently and will continue to be provided to the area by Boynton Beach as depicted in Map 2. The Town of Lantana will not be required to provide service or extend water and sewer lines to the annexation area. The Town will honor the Boynton Beach utlitty service area. 3. if extension of major trunk water mains and se**,er mains into the area to be annexed is necessary, set forth a proposed timetable for construction of suc~ mazns ~s soon as possible following the e~Cecttve date of annexation. Water and sewer services to the annexation area are currently provided by the CiD' of Boyuton Beach. The Town of Lantana will not be required to extend water and sewer lines or services. 4. Set forth the method under which the municipality plans ta ?nance extension of se~t'¢es into the area to be annexed. The Town of Lantana will not be required to extend water and sewer lines or services. There will be no cost Increase associated with the provision of police and fire/emergency medical services, recreation and library services or solid waste services. (2) Prior to commencing the annexation procedures under ss. Z 71.0413, the governing body of the municipality shall file a copy of the report required by this section with the board of caunty commissioners of the county wherein the mumctpality is located. Following its acceptance by the Town Council a copy of this report will be filed with the Board of County Commissioners of Palm Beach County. x < o 0 8_ ,, p Map 2 Water and Sewer Lines City of Boynton Beach Service Area \ I S Requested City Commission Meeting Dates [] August 6, 2002 [] August 20. 2002 [] September 3, 2002 [] September 17, 2002 XII. - LEGAL ITEM C.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested Cit3 Commission Meetino. q Dates [] October 1. 2002 [] October 15. 2002 [] November 6. 2002 [] November 19. 2002 Date Final Form Must be Turned in to Citx Clerk's Office September 16. 2002 INoon) September 30. 2002 INoon) 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: Authorization to commence eminent domain proceedings to purchase property,.for Boynton Beach Blvd. Extension, Promenade, Riverwalk and Mangrove Park Extension as recommended by the EXPLANATION: On October 8, 2002, the CRA approved a motion requesting that the City Commissiotl~uthogj2~ the City Attorney to commence eminent domain proceedings for property owned by Ms. Hall for the purpose of public purpose facilities and access which includes the extension of Boynton Beach Boulevard, the Promenade P~..'ects~.2 Riverwalk as originally defined in the Vision 20/20 report and refined by the CRA and an extension of the Mang~_ e ..P~' .~ project. Copies of the request memorandum and excerpts of the minutes of the October 8, 2002 CRA meeting hereto. The Director of the CRA was unsuccessful as was the City staff in negotiating a purchase of the property, from the-- owner voluntarily at a price that is reflective of appraised value. PROGRAM IMPACT: Implementation of the Promenade/Riverwalk and extension of the Mangrove Park are integral to the CRA and City's mission to stabilize the core area of the CBD and make an important access point to the lntracoastal Waterway open to the public. FISCAL IMPACT: The CRA and the City have budgeted funds for the purchase of the property. Department Head's Signature ALTERNATIVES: Continue to try to negotiate with the property owner for the purchase of the property, though this has been attempted since July 2000. Abandon or postpone the project. City Manager's Signature Department Name ity Attc~y / Finance Human Resources S:\BULLETINSFORMSXAGENDA ITEM REQUEST FORM.DOC Memo To: From: Subject: Date: City of Boynton Beach CRA Board of Directors ~ Property Acquisition for Boynton Beach Blvd. Extension, Promenade, Riverwalk and Mangrove Park Expansion. October 10, 2002 The CRA was charged with trying to negotiate a purchase of property from Mrs. Janet Hall for the Boynton Beach Blvd. Extension, Promenade, Riverwalk and Mangrove Park Expansion after many previous attempts by the City had failed. The CRA Director has met with Judy Andrews, Janet Hall's daughter, along with their counsel, Adams Weaver. It is the CRA's opinion, based on the significant research and appraisals done at the Board's direction and cost, that the Hall's asking price is unrealistic and unsupportable. The CRA therefore recommends that the City Commission move forward to acquire these parcels through condemnation action. This item has been on the "Future Agenda Items" section of the City Commission Agenda for several months awaiting the results of our efforts. RECEIVED OCT ]0 2002 CITY MANAGER'S OFFICE Meeting Minutes Community Redevelopment Agency Boynton Beach, Flerida October 8, 2002 IV. Consent Agenda A. Approval of Minutes - September 10, 2002 CRA Board Meeting Chairman Finkelstein noted that Mr. Aguila requested that a change be made on Page 9, in the fifth full paragraph that states: "He also did not like the wall." Mr. Aguila requested that the word "pre-cast" be added before '~vall" to read as follows: "He also did not like the pre-cast wall." Chairman Finkelstein requested that the fourth paragraph on Page 9 that referenced two types of light be changed to read "two types of light poles." On page 3, the second paragraph of the motion, Chairman Finkelstein requested that his statement be clarified that he requested if the CRA Attorney's Office was prepared to move forward on the closing. Motion Vice Chair Heavilin moved to approve the minutes as amended. Motion seconded by Mr. DeMarco and unanimously carded. Be Revision to the Month-to-Month Lease Authorization for CRA Offices at 639 E. Ocean Avenue, Suite 107 Motion Mr. Fenton moved to approve the lease. Motion seconded by Mr. DeMarco and unanimously carded. 'c,,,-/~ Recommendation to the City Commission for the Acquisition of Properties for the Boynton Beach Boulevard Extension, the Promenade, Riverwalk and Mangrove Park Expansion. Vice Chair Heavilin inquired about the disparity between the asking pdce and the offer. Mr. Hutchinson responded that the figure was approximately double. For clarification, Chairman Finkelstein asked if Mr. Hutchinson was referring to the appraisal pdce, which he noted was $250,000. Mr. Fenton inquired if any factual information was presented regarding the planning of a madna. Mr. Hutchinson said he checked with the DEP and did not find anything to indicate there were any plans for a madna. Mr. Fenton inquired if the project intended for that area could by-pass that property. Chairman Finkelstein pointed out that the agenda item included properties for the Boynton Beach Boulevard extension, the .Promenade, Riverwalk and Mangrove Park expansion, which includes some of this 'property. 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, FloHda October 8, 2002 Mr. Fenton inquired if the DEP would allow a madna at this location. Mr. Hutchinson responded that the DEP would have concerns regarding the design, as well as the seagrass, plus there was no parking in the area. Mr. Fenton also pointed out that there were mangroves. Mr. Hutchinson said that they are looking at putting in a day dock, which is different from a madna. He does not think that this area could be considered a revenue-generator, which the property owner disagrees with. This can be attributable to why there has been no progress in acquiring the property. Mr. Hutchinson stated that the property owner did say that they would be interested in letting the experts get together and work towards a settlement, which would be a decision of the City. Chairman Finkelstein stated that they have done all that they could do and that a motion to reiterate the Board's previous motion to begin the process of condemnation would be in order. Motion Ms. Hoyland moved to recommend to the City Commission for the acquisition of properties for the Boynton Beach Boulevard extension, the Promenade, Riverwaik and Mangrove Park Expansion through the condemnation process. Motion seconded by Vice Chair Heavilin and unanimously carded. Attomey Payne administered the oath to all persons who would be testifying. V. Public Hearings Planning and Zoning Headng Items Old Business A. Land Use Plan Amendment/Rezonine Project Name: Agent: Owner:. Location: Description: The Harbors (LUAR 02-005) (tabled) Jennifer Morton, Land Design South Schgai, Inc. 2300 North Federal Highway Request to Amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR); and Request to Rezone from Community Commercial (C-3) to Infill Planned Unit Development (IPUD) Proposed Use: Development of 51 fee-simple townhouses 3 (D 0 0